Category: treaties

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.”

Full story

UK Human Rights Blog, 20th March 2013

Source: www.ukhumanrightsblog.com

Helena Kennedy takes Theresa May to task over human rights laws – Daily Telegraph

Posted March 8th, 2013 in human rights, news, speeches, torture, treaties by tracey

“Theresa May is wrong to claim that judges should be more willing to deport
foreign criminals, according to Helena Kennedy QC.”

Full story

Daily Telegraph, 7th March 2013

Source: www.telegraph.co.uk

Scott Stephenson: The Constitutional Significance of Statutory Repeal: How Far Can Parliament Turn Back the Clock? – UK Constitutional Law Group

Posted March 7th, 2013 in constitutional reform, human rights, legislation, news, repeals, treaties by sally

“The current system for human rights protection in the UK is once again under siege. In the last week, statements were made indicating that the Conservative Party’s manifesto for the next election would include major reforms to current arrangements. Chris Grayling, Justice Secretary and Lord Chancellor, declared that a future Conservative Government would repeal the UK Human Rights Act 1998 ‘and start[] again’, suggesting that it would be replaced by alternative legislation. Theresa May, Home Secretary, announced that the manifesto would include a promise to withdraw the UK from the European Convention on Human Rights.”

Full story

UK Constitutional Law Group, 7th March 2013

Source: www.ukconstitutionallaw.org

EU crime and justice measures of ‘real importance’ says Starmer – Law Society’s Gazette

Posted February 7th, 2013 in crime, EC law, international law, news, select committees, treaties, warrants by sally

“Failure to opt back in to EU criminal justice measures will hamper the UK’s ability to prosecute cross-border crime, making procedures ‘uncertain, cumbersome and fragmented’, the director of public prosecutions told peers today.”

Full story

Law Society’s Gazette, 6th February 2013

Source: www.lawgazette.co.uk

Anyone for another round? The Court of Appeal’s nuanced approach to the duty of “sincere cooperation” – Competition Bulletin from Blackstone Chambers

Posted January 16th, 2013 in competition, EC law, mergers, news, treaties by sally

“The duty of ‘sincere cooperation’ set out in Article 4(3) TEU requires Member States to take appropriate measures to ‘ensure fulfillment of the obligations arising out of the Treaties or resulting from the acts of the institutions of the Union’ as well as to ‘refrain from any measure which could jeopardise the attainment of the Union’s objectives’. When and in what way are Member State authorities required to act – or desist from acting – in order to comply with this duty?”

Full story

Competition Bulletin from Blackstone Chambers, 16th January 2013

Source: www.competitionbulletin.com

UK signs prisoner transfer agreement with Albania – Ministry of Justice

Posted January 16th, 2013 in news, press releases, transfer of prisoners, treaties by sally

“Albanian prisoners can now be sent back to Albania to finish their prison sentences, following a new agreement signed by Prisons Minister Jeremy Wright and Albanian Justice Minister Eduard Halimi.”

Full story

Ministry of Justice, 15th January 2013

Source: www.justice.gov.uk

The 1996 Hague Convention: The Fourth Dimension – Family Law Week

Posted December 3rd, 2012 in child abduction, EC law, human rights, news, parental responsibility, treaties by sally

“Eleri Jones barrister at 1 Garden Court, and Anne-Marie Hutchinson OBE and Richard Kwan both of Dawson Cornwell solicitors consider the impact of the 1996 Hague Convention in England and Wales.”

Full story

Family Law Week, 30th November 2012

Source: www.familylawweek.co.uk

Pringle v Government of Ireland and another – WLR Daily

Posted November 29th, 2012 in EC law, law reports, news, treaties by sally

Pringle v Government of Ireland and another (Case 370/12); [2012] WLR (D) 350

“Articles 4(3)TEU and 13TEU of the EU Treaty and articles 2(3)FEU, 3(1)(c) and (2)FEU, 119FEU to 123FEU and 125FEU to 127FEU of the FEU Treaty, and the general principle of effective judicial protection did not preclude the conclusion between the member states (whose currency was the euro) of an agreement such as the Treaty establishing the European stability mechanism between the Kingdom of Belgium, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the Grand Duchy of Luxembourg, Malta, the Kingdom of the Netherlands, the Republic of Austria, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic and the Republic of Finland (the ESM Treaty), concluded at Brussels on 2 February 2012, or the ratification of that Treaty by those member states.”

WLR Daily, 27th November 2012

Source: www.iclr.co.uk

Judicial dialogue? Straw and Bratza deliver choice words on Strasbourg – The Guardian

Posted November 15th, 2012 in courts, human rights, lectures, lord chancellor, news, treaties by sally

“Former lord chancellor suggests the human rights court will be the architect of its own demise as the former president recalls its achievements.”

Full story

The Guardian, 14th November 2012

Source: www.guardian.co.uk

Improving the protection of children across borders – Ministry of Justice

Posted November 2nd, 2012 in child abduction, fostering, guardianship, news, parental responsibility, treaties by sally

“Children from the UK will now have international protection if they move to another country outside the European Union. The 1996 Hague Convention will be in force from today meaning the public can be assured that countries which have opted in to the treaty will uphold and enforce a court order involving the protection of a child.”

Full story

Ministry of Justice, 1st November 2012

Source: www.justice.gov.uk

Rahmatullah v Secretary of State for Defence and another (JUSTICE intervening) – WLR Daily

Posted November 1st, 2012 in appeals, detention, habeas corpus, jurisdiction, law reports, rendition, Supreme Court, terrorism, treaties by sally

Rahmatullah v Secretary of State for Defence and another (JUSTICE intervening) [2012] UKSC 48; [2012] WLR (D) 301

“Where, on an application for a writ of habeas corpus, the court was uncertain whether the respondents had sufficient control of the applicant to be able to produce him, it could properly issue the writ so that on the return that question could be determined with fuller knowledge.”

WLR Daily, 31st October 2012

Source: www.iclr.co.uk

Supreme Court upholds US detention of Yunus Rahmatullah – UK Human Rights Blog

Posted November 1st, 2012 in appeals, detention, habeas corpus, news, rendition, Supreme Court, terrorism, treaties by sally

“The Supreme Court has ruled that the law of habeas corpus should not be used to order the US to return a Pakistani national held in US custody to the UK.”

Full story

UK Human Rights Blog, 31st October 2012

Source: www.ukhumanrightsblog.com

Smith and others v Ministry of Defence; Ellis and another v Same; Allbutt and others v Same

Posted October 23rd, 2012 in appeals, armed forces, human rights, law reports, negligence, treaties by sally

Smith and others v Ministry of Defence; Ellis and another v Same; Allbutt and others v Same [2012] EWCA Civ 1365; [2012] WLR (D) 281

“Claims arising from the deaths of soldiers on active service abroad alleging breach of the right to life in article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms fell outside the United Kingdom’s jurisdiction under the Convention. However claims in negligence for failing to provide safe equipment and technology to serving soldiers who suffered death or injury were justiciable.”

WLR Daily, 19th October 2012

Source: www.iclr.co.uk

Gary McKinnon: a case of double standards? – The Guardian

Posted October 18th, 2012 in autism, computer crime, extradition, jurisdiction, news, treaties by sally

“The home secretary’s decision not to extradite the Crouch End Asperger’s sufferer has caused others to raise questions.”

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The Guardian, 17th October 2012

Source: www.guardian.co.uk

Home Secretary Oral Statement on European Justice and Home Affairs powers – Home Office

Posted October 16th, 2012 in criminal justice, EC law, police, speeches, treaties by tracey

“Oral statement delivered on Monday 15 October 2012.”

Full statement

Home Office, 15th October 2012

Source: www.homeoffice.gov.uk

International Children Law Update: August 2012 – Family Law Week

Posted September 4th, 2012 in children, custody, international law, news, residence orders, treaties by tracey

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

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Family Law week, 3rd September 2012

Source: www.familylawweek.co.uk

Prisoner transfer agreement with Albania – Ministry of Justice

Posted August 3rd, 2012 in press releases, transfer of prisoners, treaties by tracey

“A new agreement seeing a greater number of Albanian prisoners transferred from the UK to complete their sentences in Albania has been signed.”

Full press release

Ministry of Justice, 31st July 2012

Source: www.justice.gov.uk

RT (Zimbabwe) v Secretary of State for the Home Department (United Nations High Commissioner for Refugees intervening); SM (Zimbabwe) v Same (Same intervening); AM (Zimbabwe) v Same (Same intervening); KM (Zimbabwe) v Same (Same intervening) – WLR Daily

Posted July 27th, 2012 in asylum, law reports, refugees, treaties by sally

RT (Zimbabwe) v Secretary of State for the Home Department (United Nations High Commissioner for Refugees intervening); SM (Zimbabwe) v Same (Same intervening); AM (Zimbabwe) v Same (Same intervening); KM (Zimbabwe) v Same (Same intervening) [2012] UKSC 38; [2012] WLR (D) 226

“A claim for asylum should not be defeated on the ground that an individual who had no political views, and who therefore did not support the persecutory regime in his home country, would lie and feign loyalty to that regime in order to avoid the persecutory ill treatment to which he would otherwise be subjected.”

WLR Daily, 25th July 2012

Source: www.iclr.co.uk

The right not to hold any belief is fundamental, says Supreme Court – UK Human Rights Blog

Posted July 26th, 2012 in belief discrimination, news, political parties, Supreme Court, treaties by sally

“It is no answer to a refugee claim to say that the individual concerned should avoid persecution by lying and feigning loyalty to a regime which he does not support.”

Full story

UK Human Rights Blog, 25th July 2012

Source: www.ukhumanrightsblog.com

Asylum seekers should not have to feign political beliefs, court rules – The Guardian

Posted July 26th, 2012 in belief discrimination, extradition, news, political parties, treaties by sally

“Asylum seekers should not be expected or required to lie about their political beliefs, the supreme court has ruled in a decision likely to make it more difficult to deport asylum seekers to Zimbabwe.”

Full story

The Guardian, 25th July 2012

Source: www.guardian.co.uk