In praise of the 1961 Statelessness Convention – by Alison Harvey – No. 5 Chambers

Posted August 7th, 2018 in citizenship, immigration, news, refugees, treaties by sally

‘It is a lot better to have a stateless person’s travel document than to be undocumented. A lot better to have leave as a stateless person than none. But a stateless person with a travel document and leave is still stateless. The 1954 Convention on the Status of Stateless Persons is familiar because of its close resemblance to the 1951 Refugee Convention and, perhaps because of this, it is easy for it to dominate discussions. But the big prizes are to be had in implementing the 1961 Convention on the Reduction of Statelessness, in prevention and reduction of statelessness.’

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No. 5 Chambers, 27th July 2018


Appeal court rules that ministerial code does not dilute human rights – The Guardian

‘Human rights campaigners have lost a challenge against Theresa May in the high court in which she was accused of abandoning the longstanding principle that members of the government should be bound by international law.’

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The Guardian, 1st August 2018


ICC crime of aggression comes into effect without key signatories – The Guardian

Posted July 17th, 2018 in crime, international courts, news, treaties, war crimes by tracey

‘A crime of aggression, under which politicians and military leaders can be held individually responsible for invasions and other major attacks, comes into force at the international criminal court, reviving global legal powers last exercised at the Nuremburg and Tokyo war crimes trials of the 1940s. Claims alleging that armed force has been used against the “sovereignty, territorial integrity or political independence” of another state can, from Tuesday, be taken to the tribunal in The Hague.’

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The Guardian, 17th July 2018


Solon Solomon: The Chequers Agreement: Brexit and the Infeasibility of Judicial and Legal Independence – UK Constitutional Law Association

‘The Chequers agreement reshapes the UK Brexit position. By formally throwing its lot behind a soft Brexit, Theresa May’s government has made a point. It is unclear how this stance was influenced by the House of Lords voting in favour of such a soft Brexit some months ago or by the City entrepreneurs voicing their support to such a scenario. Projecting into the future, it is equally unclear how the Chequers agreement will impact UK politics and the government’s viability.’

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UK Constitutional Law Association, 12th July 2018


Brexit: trade marks and designs – 10 things to know –

Posted July 12th, 2018 in agreements, EC law, intellectual property, news, trade marks, treaties by sally

‘While Brexit negotiations between the UK and EU are ongoing, the UK government and European Commission have found an agreement in principle that will alleviate many right holders’ concerns in respect of trade marks and designs.’

Full Story, 11th July 2018


Post-Brexit settlement scheme for EU nationals – Technology Law Update

Posted July 10th, 2018 in EC law, families, immigration, news, treaties by sally

‘The Government has published long-awaited details of the post-Brexit Settlement Scheme for EU nationals in the UK. Details are set out in the Government’s EU Settlement Scheme Statement of Intent.’

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Technology Law Update, 9th July 2018


Lady Hale at the Royal College of Psychiatrists Annual Conference, Birmingham – Supreme Court

Posted July 5th, 2018 in bills, disabled persons, human rights, judges, mental health, speeches, treaties by tracey

‘Lady Hale at the Royal College of Psychiatrists Annual Conference, Birmingham. Is it time for yet another Mental Health Act?’

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Supreme Court, 24th June 2018


Law Pod UK Ep. 38: Brexit – Two years on – 1 COR

Posted June 28th, 2018 in bills, EC law, immigration, news, referendums, treaties by sally

‘Catherine Barnard of Cambridge University talks to reporter Boni Sones about the progress of the Brexit negotiations two years after the UK narrowly voted to leave the EU in a Referendum on Thursday, June 23rd, 2016.’

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Law Pod UK, 26th June 2018


The Lanzarote Convention Will Help End the Sexual Abuse of Children: Here’s How – Rights Info

Posted June 28th, 2018 in child abuse, news, sexual offences, treaties by sally

‘The Lanzarote Convention is an important step forward in protecting children from sexual abuse. But what else needs to be done?’

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Rights Info, 25th June 2018


New Acts –

Posted June 27th, 2018 in EC law, legislation, nuclear power, treaties by tracey

European Union (Withdrawal) Act 2018

Nuclear Safeguards Act 2018


Government ratifies Lanzarote Convention to tackle child sexual exploitation – Law & Religion UK

Posted June 22nd, 2018 in child abuse, news, prostitution, sexual grooming, treaties by tracey

‘The UK government has issued the following announcement on its ratification of the Council of Europe Convention on Protection of Children against Sexual Exploitation and Sexual Abuse (a.k.a. “the Lanzarote Convention”).’

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Law & Religion UK, 21st June 2018


Francis Young: Parliament and Taking Back Control: A Precedent from the Maastricht Debates – UK Constitutional Law Association

Posted June 18th, 2018 in bills, constitutional law, EC law, news, parliament, referendums, treaties by sally

‘This post considers whether it is a convention of the British constitution that Parliament cannot direct the executive in the making of treaties. The context, of course, is the current tussle over whether the European Union (Withdrawal) Bill should be amended to allow the House of Commons a “meaningful vote” on the outcome of the current negotiations with the EU.’

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UK Constitutional Law Association, 15th June 2018


Jack Simson Caird: Parliament’s Right to a ‘Meaningful Vote’: Amendments to the EU (Withdrawal) Bill – UK Constitutional Law Association

Posted June 12th, 2018 in amendments, bills, constitutional reform, EC law, news, parliament, treaties by sally

‘On Tuesday 12 June 2018, the Government will ask the House of Commons to reject the Lords’ meaningful vote amendment to the EU (Withdrawal) Bill (Lords Amendment 19). If the amendment is rejected, the Government will ask the Commons to accept its own alternative version, known as an ‘amendment in lieu’. If either amendment is enacted, and the Commons uses its veto to reject the Withdrawal Agreement, this would be a constitutionally unprecedented situation. This post looks at the Government’s ‘amendment in lieu’, and the features that distinguish it from the Lords’ amendment.’

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UK Constitutional Law Association, 11th June 2018


Jerome Jones v Birmingham City Council – Arden Chambers

‘The Court of Appeal has held that proceedings for a gang injunction under Part 4, Policing and Crime Act 2009 (the “2009 Act”) and an anti-social behaviour injunction under Part 1, Anti-social Behaviour, Crime and Policing Act 2014 (the “2014 Act”) do not involve the determination of a criminal charge and therefore do not engage Articles 6(2) or 6(3) of the European Convention on Human Rights (“ECHR”). Nor does the requirement of a fair trial under Article 6(1) require the criminal standard of proof to be applied.’

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Arden Chambers, 23rd May 2018


Temporary relocation of a child: a practical approach – Family Law

Posted May 31st, 2018 in care orders, children, jurisdiction, news, treaties by sally

‘Temporary relocation cases tend to fall into two categories. The first category is for a holiday with a typical duration of a few weeks, for example to allow a child to return to a mother’s home country to see wider family during the summer holidays. The second category is a stay of a longer duration, perhaps of several months. It may be to enable a child to have an extended stay with family or to allow the parent to pursue a temporary job opportunity.’

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Family Law, 30th May 2018


UK agency warns Brexit could lead to rise in organised crime –

Posted May 15th, 2018 in crime, EC law, money laundering, news, reports, treaties by sally

‘The UK body charged with fighting serious and organised crime has warned that the country’s impending withdrawal from the EU could lead to a rise in money laundering, bribery and other corporate offences.’

Full Story, 14th May 2018


Unitary patent and Unified Patent Court reforms: state of play May 2018 –

Posted May 2nd, 2018 in courts, EC law, news, patents, treaties by tracey

‘The UK’s recent ratification of the Unified Patent Court (UPC) Agreement marked an important step towards a new system of unitary patent protection becoming operational. The process has been lengthy and complex and is not over yet.’

Full Story, 1st May 2018


UK makes changes to international tax treaty notifications –

Posted April 20th, 2018 in news, taxation, treaties by sally

‘The UK has announced a number of modifications to the provisional list of “reservations and notifications” related to the entry into force of the multilateral instrument (MLI) on international tax treaty related measures.’

Full Story, 18th April 2018


The legal basis for air strikes against Syrian government targets – House of Commons Library

‘This paper looks at the general prohibition in international law on the use of force or threat of force directed at other states, and the legal advice on which the Government decided to participate with the US and France in air strikes on Syrian government targets on 14 April.’

Full text

House of Commons Library, 16th April 2018


Legal challenge to devolved Brexit bills – BBC News

Posted April 17th, 2018 in bills, constitutional reform, devolution issues, news, Supreme Court, treaties by tracey

‘The UK government has launched a legal challenge to the Scottish and Welsh governments’ Brexit bills. The two devolved parliaments passed legislation last month that is intended to act as an alternative to Westminster’s EU Withdrawal Bill. But the UK government has asked the Supreme Court to rule whether the legislation is constitutional and within devolved powers.’

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BBC News, 17th April 2018