Category: treaties

United Kingdom v Council of the European Union – WLR Daily

Posted October 1st, 2013 in EC law, freedom of movement, law reports, regulations, social security, treaties by sally

United Kingdom v Council of the European Union (Case C-431/11); [2013] WLR (D) 357

“By adopting Council Decision 2011/407/EU, on the position to be taken by the European Union within the EEA Joint Committee concerning an amendment to Annex VI (social security) and Protocol 37 to the EEA Agreement, the Council of the European Union had ensured that free movement of persons was exercisable within the EEA under the same social conditions as within the Union, thereby supporting the development of the association established by the EEA Agreement between the European Union and the EFTA states and the realisation of the objectives pursued by the Agreement.”

WLR Daily, 26th September 2013

Source: www.iclr.co.uk

Roger Masterman: A Tale of Competing Supremacies – UK Constitutional Law Group

Posted October 1st, 2013 in constitutional law, constitutional reform, human rights, news, parliament, Supreme Court, treaties by sally

“In a recent interview in The Spectator, Lord Chancellor and Secretary of State for Justice, Chris Grayling MP, was given another opportunity to recite the now characteristic Tory Siren call relating to the European Convention on Human Rights and the Strasbourg court.”

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UK Constitutional Law Group, 30th September 2013

Source: www.ukconstitutionallaw.org

Judges ‘on side of foreign criminals’ says Theresa May as Tories repeat threat to quit human rights convention – The Independent

Posted October 1st, 2013 in human rights, immigration, judiciary, legislation, news, political parties, speeches, treaties by sally

“Home Secretary said she would end ‘abuse’ of article 8, which protects right to family life.”

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The Independent, 30th September 2013

Source: www.independent.co.uk

UK Supreme Court should have final say on human rights cases, not Strasbourg, says Chris Grayling – Daily Telegraph

Posted September 26th, 2013 in constitutional law, human rights, news, Supreme Court, treaties by sally

“Britain’s Supreme Court should make final rulings on contentious human rights cases, not the European Court of Human Rights, the Justice Secretary has said.”

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Daily Telegraph, 25th September 2013

Source: www.telegraph.co.uk

UK judges have breathed new life into Human Rights Convention, says former court president – UK Human Rights Blog

Posted September 5th, 2013 in human rights, judiciary, media, news, political parties, speeches, treaties by sally

“Yesterday Sir Nicolas Bratza spoke candidly about the responsibility of certain UK politicians and media outlets in tarnishing this countries human rights legacy. He called on lawyers and NGOs to help rekindle the fire for human rights at home.”

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UK Human Rights Blog, 4th September 2013

Source: www.ukhumanrightsblog.com

A conventional approach – New Law Journal

Posted August 23rd, 2013 in children, international law, news, parental responsibility, treaties by sally

“David Williams QC provides an introduction to the 1996 Hague Convention.”

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New Law Journal, 22nd August 2013

Source: www.newlawjournal.co.uk

Bilateral Investment Treaties: Claiming Compensation from Foreign Governments under Bilateral Investment Treaties for failing to provide adequate IP Protection – NIPC Law

Posted July 29th, 2013 in compensation, foreign jurisdictions, news, patents, treaties by sally

“In Novopharm Ltd v. Eli Lilly & Co 2010 FC 915 Mr. Justice Barnes of the Federal Court of Canada declared that Canadian patent no. 2,209,735 for the second medical use of the drug atomoxetine to treat attention deficit hyperactivity disorder in adults was invalid for inutility. His judgment was upheld by the Federal Court of Appeal in Eli Lilly & Co. v. Teva Canada Ltd 2011 FCA 220. Eli Lilly & Co. applied for leave to appeal to the Canadian Supreme Court but that was refused on 8 Dec 2012.”

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NIPC Law, 27th July 2013

Source: www.nipclaw.blogspot.co.uk

DL v EL (Abduction: Effect of Court Order) – WLR Daily

Posted July 18th, 2013 in appeals, child abduction, competition, law reports, treaties by tracey

DL v EL (Abduction: Effect of Court Order): [2013] EWCA Civ 865;   [2013] WLR (D)  285

“The lawful removal of a child from the United States to the United Kingdom pursuant to the order of a court in Texas did not become unlawful when that order was subsequently reversed by the Texan appellate court.”

WLR Daily, 16th July 2013

Source: www.iclr.co.uk

Bar Council: Parliament must have chance to scrutinise EU justice opt out – The Bar Council

Posted July 16th, 2013 in criminal justice, EC law, news, parliament, treaties by sally

“The Bar Council, which represents barristers in England and Wales, has called on the Government to allow Parliament to scrutinise its intention to opt-out of more than 130 EU criminal justice measures properly. This comes as a Motion to Approve the opt-out has been scheduled for Monday 15 July, rather than full parliamentary scrutiny.”

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The Bar Council, 12th July 2013

Source: www.barcouncil.org.uk

Whole-life jail sentences: what are the government’s options? – The Guardian

Posted July 10th, 2013 in human rights, murder, news, sentencing, treaties by sally

“Despite the government’s ‘profound disagreement’ — foreseen by the Strasbourg judges — compliance with the ruling requires little action.”

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The Guardian, 9th July 2013

Source: www.guardian.co.uk

Abu Qatada extradition treaty finalised by British Parliament – Daily Telegraph

Posted June 21st, 2013 in deportation, extradition, news, parliament, terrorism, treaties by tracey

“An extradition treaty to pave the way for Abu Qatada’s removal from Britain
after a near decade-long saga has been approved by Parliament.”

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Daily Telegraph, 21st June 2013

Source: www.telegraph.co.uk

“Snatch Rover” case – inviting judges into the theatre of war? – UK Human Rights Blog

Posted June 21st, 2013 in armed forces, human rights, jurisdiction, negligence, news, Supreme Court, treaties, war by tracey

“Smith and Others (Appellants) v The Ministry of Defence (Respondent) and other appeals. So, the Supreme Court has refused to allow these claims to be struck out on the principle of combat immunity. It has also asserted that jurisdiction for the purpose of an Article 2 right to life claim can extend to non-Convention countries, and that the state can owe a positive duty to protect life, even in a situation of armed combat.”

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UK Human Rights Blog, 20th June 2013

Source: www.ukhumanrightsblog.com

Europe’s human rights judge warns UK over Convention threat – Daily Telegraph

Posted June 5th, 2013 in human rights, judges, news, prisons, treaties by sally

“Britain would face ‘political disaster’ and may have to leave the EU if it wants to pull out of the European Convention on Human Rights, Europe’s leading judge on the issue has warned.”

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Daily Telegraph, 4th June 2013

Source: www.telegraph.co.uk

Annual Report of the Office of the Head of International Family Justice for England and Wales: 2012 – Judiciary of England and Wales

Posted May 3rd, 2013 in children, families, family courts, international law, reports, treaties by tracey

“Annual Report of the Office of the Head of International Family Justice for England and Wales: 2012.”

Full report

Judiciary of England and Wales, 1st May 2013

Source: www.judiciary.gov.uk

Theresa May’s treaty with Jordan: this is the game-changer she needs – Head of Legal

Posted April 26th, 2013 in deportation, evidence, news, torture, treaties by tracey

“A day after the Court of Appeal refused her permission to appeal to the Supreme Court in the Abu Qatada case, Theresa May’s announcement today of a mutual legal assistance treaty with Jordan seems finally to turn the case in her favour.”

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Head of Legal, 24th April 2013

Source: www.headoflegal.com

Death Row, Human Rights and the Limits of the Law – Criminal Law and Justice Weekly

Posted April 25th, 2013 in appeals, human rights, judicial review, jurisdiction, legal representation, news, treaties by sally

“Although both the law surrounding human rights and the use of judicial review to uphold it have grown exponentially in the UK in recent times, there are still plenty of jurisdictions where even fundamental principles of justice are not respected with any consistency. It is not surprising, therefore, that the last decade has seen a number of cases where those faced with perceived injustice abroad turn homewards for redress.”

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Criminal Law and Justice Weekly, 20th April 2013

Source: www.criminallawandjustice.co.uk

Can Britain withdraw from the European human rights convention? – The Guardian

Posted April 24th, 2013 in human rights, news, terrorism, torture, treaties by sally

“It is theoretically possible to withdraw temporarily from the European convention on human rights particularly over matters involving terrorism.”

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The Guardian, 24th April 2013

Source: www.guardian.co.uk

International Children Law Update – Family Law Week

Posted April 5th, 2013 in arbitration, children, enforcement, international law, jurisdiction, news, residence orders, treaties by sally

“Jacqueline Renton, Barrister of 4 Paper Buildings, reviews the latest key decisions in international children law.”

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Family Law Week, 5th April 2013

Source: www.familylawweek.co.uk

Before the Flood? The 1996 Hague Convention in the English Courts – Family Law Week

Posted March 28th, 2013 in child abduction, EC law, news, parental responsibility, treaties by tracey

“Duncan Ranton, Solicitor and Consultant with Bishop & Sewell LLP, considers the impact of the 1996 Hague Convention and the first judgment in the English courts to consider the treaty.”

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Family Law week, 27th March 2013

Source: www.familylawweek.co.uk

Is rights replication undermining the international human rights system? – UK Human Rights Blog

Posted March 21st, 2013 in human rights, international law, news, treaties by sally

“Rapid expansion of human rights obligations at the European and international levels arguably undermines the system of International Human Rights Law. Countries like the UK, which place strong emphasis on the need to protect individuals from abuses, are faced with ever more obligations stemming from rights inflation. One crucial way in which this occurs is through rights replication.”

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UK Human Rights Blog, 20th March 2013

Source: www.ukhumanrightsblog.com