international law – Page 12 – Current Awareness

British forces illegally detained Afghan suspect, court of appeal rules – The Guardian

Posted July 31st, 2015 in Afghanistan, appeals, armed forces, damages, detention, government departments, human rights, international law, news, torture by sally

‘An Afghan suspect was detained illegally by British forces for almost four months and denied access to a lawyer, the court of appeal has ruled. Serdar Mohammed, who was captured by UK soldiers in April 2010, was not handed over to the Afghan security services until July that year, despite regulations requiring any transfer to take place within 96 hours. Mohammed, who was eventually released earlier this year to return to his home in Helmand province, claimed that the Afghan authorities tortured him.’

The Guardian, 30th July 2015

Source: www.guardian.co.uk

Smacking must be banned to bring UK into line with international law – report to UN insists – Daily Telegraph

Posted July 1st, 2015 in child abuse, children, corporal punishment, international law, news, reports, United Nations by sally

‘Report compiled for UN by Government’s children’s tsars demands “immediate repeal” of laws allowing parents to hit their children.’

Daily Telegraph, 1st July 2015

Source: www.telegraph.co.uk

FIFA and the internationalisation of criminal justice – OUP Blog

Posted June 2nd, 2015 in corruption, criminal justice, international law, money laundering, news, sport by sally

‘The factual backdrop to this affair is well-known. FIFA, world football’s governing body has, for a number of years, been the subject of allegations of corruption. Then, after a series of dawn raids on 27 May 2015, seven FIFA officials, of various nationalities, the most famous being Jack Warner, the Trinidadian former vice president of FIFA, were arrested in a luxury hotel in Zurich where they were staying prior to the FIFA Congress. This was pursuant to an indictment that accused them, alongside five corporate officials, of using their positions within FIFA to engage in schemes involving the solicitation, offer, acceptance, payment, and receipt of undisclosed and illegal payments, bribes, and kickbacks. The defendants and their co-conspirators were also accused of corrupting the enterprise by engaging in various criminal activities, including fraud, bribery, and money laundering, in pursuit of personal and commercial gain.’

OUP Blog, 29th May 2015

Source: http://blog.oup.com

50 Human Rights Cases You Need to Know – OUP Law

Posted May 29th, 2015 in human rights, international law, news by sally

‘Explore our map of 50 landmark human rights cases, each with a brief description and a link to a free article or report on the case. The cases were chosen in conjunction with the editors of the Oxford Reports on International Law. These choices were intended to showcase the variety of international, regional, and national mechanisms and fora for adjudicating human rights claims, and the range of rights that have been recognized. The following map provides a quick tour to these cases, highlighting trends and themes, some positive, some negative.’

OUP Law, May 2015

Source: www.ouplaw.com

Understanding foreign signs – how to make sure your contract is properly executed – Technology Law Update

Posted May 6th, 2015 in appeals, company law, contracts, EC law, international law, news by sally

‘The negotiations are over, the deal is done. Now it’s time to sign the contracts. But before popping the champagne corks, you’ll need to make sure that those signatures are valid. Here’s a cautionary tale of what can go wrong.’

Technology Law Update, 1st May 2015

Source: www.technology-law-blog.co.uk

What were this decade’s most significant advances in law? – OUP Blog

Posted March 18th, 2015 in arbitration, criminal justice, criminal procedure, human rights, intellectual property, international law, news, pensions, practice directions by sally

‘The past decade has seen a number of advances in the field of law. As part of our exclusive Oxford law event, Unlock Oxford Law, we have asked some of our expert authors to identify what developments they thought were most significant. With constant changes and developments occurring across all the different areas of law, this is a subject that is very much up for debate. Read on to see what our authors said, and to see if you agree.’

OUP Blog, 18th March 2015

Source: www.blog.oup.com

The Law of International Custom in the Case Law of the House of Lords and the United Kingdom Supreme Court – 11KBW

Posted March 17th, 2015 in appeals, international law, news, state immunity, Supreme Court by sally

‘Tom Cross and Lord Collins of Mapesbury have co-authored a paper titled ‘The Law of International Custom in the Case Law of the House of Lords and the United Kingdom Supreme Court’ (2011), which is due to be published by the Council of Europe. The article discusses the status of customary international law in domestic law by reference to the leading cases.’

11KBW, 11th March 2015

Source: www.11kbw.com

HSBC should face UK criminal charges, says former public prosecutor – The Guardian

Posted February 23rd, 2015 in banking, conspiracy, foreign jurisdictions, fraud, HM Revenue & Customs, international law, news, ombudsmen, prosecutions, public interest, subsidiary companies, tax evasion by sally

‘HSBC’s Swiss arm is potentially open to a range of criminal charges in Britain because there is “credible evidence” that it has had a role in enabling tax evasion, according to a former director of public prosecutions.’

The Guardian, 22nd February 2015

Source: www.guardian.co.uk

President’s Guidance on the International Child Abduction and Contact Unit (ICACU) and its role – Judiciary of England and Wales

Posted November 20th, 2014 in child abduction, EC law, family courts, foreign jurisdictions, international law, news by tracey

‘Sir James Munby, President of the Family Division issued guidance on the International Child Abduction and Contact Unit on 10 November 2014.’

Judiciary of England and Wales, 19th November 2014

Source: www.judiciary.gov.uk

Video recordings – Panopticon

Posted November 19th, 2014 in human rights, international law, news, video recordings by sally

‘The classification requirements imposed by the Video Recording Acts are lawful, the Court of Appeal (Criminal Division) has ruled, on 14 November 2014, in R v Dryzmer and Play Media Distribution Ltd. The prohibition on supplying video recordings which have not been classified by the British Board of Film Classification is not rendered unlawful either by ECHR Article 10, on freedom of expression, or by TFEU Articles 34-36 on non-interference with trade. The reason is the same in both cases. Qualitative restrictions on grounds of public health and morals are justified.’

Panopticon, 18th November 2014

Source: www.panopticonblog.com

Human Rights: The Law – Gresham College

Posted November 18th, 2014 in constitutional law, human rights, international law, news by sally

‘An exploration of Human Rights law as it developed and which draws criticism from the general public. The audience will be invited to consider what, if anything, they complain of in what is nowadays referred to as Human Rights law. The lecture will deal with topics raised and those which are more generally the subject of criticism. Time will be allowed for (structured and time limited) contributions from the audience.’

Full story

Gresham College, 5th November 2014

Source: www.gresham.ac.uk

Alleged extremist stripped of citizenship appeals to Supreme Court – BBC News

Posted November 18th, 2014 in appeals, citizenship, international law, news, Supreme Court, terrorism by sally

‘A Muslim convert, stripped of his British citizenship because of alleged extremism, is appealing to the Supreme Court that he has been left stateless.’

BBC News, 18th November 2014

Source: www.bbc.co.uk

Jihadis who travel to Syria could be barred from UK return for two years – The Guardian

Posted November 14th, 2014 in airlines, bills, freedom of movement, intelligence services, international law, investigatory powers, Islam, news, passports, police, royal prerogative, terrorism, trials by tracey

‘Suspected jihadis, including teenagers, who travel to Syria will be prevented from returning to Britain for two years and only allowed to re-enter if they consent to face trial, home detention, regular police monitoring or go on a deradicalisation course. The plan, agreed after months of internal Whitehall talks, has been cleared by government law officers and devised to minimise legal claims that the British government will be rendering citizens stateless by barring them from the UK.’

The Guardian, 14th November 2014

Source: www.guardian.co.uk

Speech by Lord Justice Gross: RAF Legal Services Conference – Judiciary of England and Wales

Posted September 22nd, 2014 in armed forces, international law, interpretation, judges, legal services, news, rule of law by sally

Speech by Lord Justice Gross: RAF Legal Services Conference (PDF)

RAF Legal Services Conference, 18th September 2014

Source: www.judiciary.gov.uk

Threat from Syria: will new anti-terrorism proposals keep us safe? – Halsbury’s Law Exchange

Posted September 1st, 2014 in bills, international law, news, terrorism by sally

‘When the Prevention of Terrorism Act 1974 was passed against a backdrop of an IRA bombing campaign in the mainland UK, it was limited in time for a year (although would be re-passed annually until made permanent), and was passed among a genuine concern that the powers it gave were too wide-reaching. Roy Jenkins, taking the Bill through the House of Commons as Home Secretary, said “The powers… are Draconian. In combination they are unprecedented in peacetime”. One wonders what he and other legislators from 40 years ago would make of our discussions today.’

Halsbury’s Law Exchange, 1st September 2014

Source: www.halsburyslawexchange.co.uk

Are surrogates and parents losing out due to a lack of global surrogacy laws? – Halsbury’s Law Exchange

Posted September 1st, 2014 in children, international law, news, surrogacy by sally

‘A Thai surrogate mother, C, gave birth to twins on behalf of Australian nationals D and WF in an arrangement where C was paid £9,000. When one of the twins, G, was born with Down’s syndrome, C alleged that D and WF abandoned the baby boy, taking only the healthy sister back to Australia. D and WF deny this.’

Halsbury’s Law Exchange, 28th August 2014

Source: www.halsburyslawexchange.co.uk

British arms sales to Israel face high court challenge – The Guardian

Posted August 18th, 2014 in EC law, export controls, human rights, international law, Israel, judicial review, news, weapons by tracey

‘The government faces being dragged into the high court over the sale of military hardware to Israel in an unprecedented legal move that puts the UK’s controversial export policy on a potential collision course with the EU.’

The Guardian, 16th August 2014

Source: www.guardian.co.uk

Regina (Hussein) v Secretary of State for Defence – WLR Daily

Posted August 5th, 2014 in armed forces, assault, international law, judicial review, law reports, treaties, war by sally

Regina (Hussein) v Secretary of State for Defence [2014] EWCA Civ 1087; [2014] WLR (D) 361

‘The policy of the Secretary of State for Defence permitting a technique involving the use of shouting by the armed forces when questioning captured persons was compatible with international law and did not inherently give rise to an unacceptable risk of breaching international law, in particular the prohibitions on inhumane treatment, threats, insults, or unpleasant or disadvantageous treatment under the Geneva Conventions.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

State immunity does not avail Saudi Prince – UK Human Rights Blog

Posted June 10th, 2014 in financial provision, human rights, international law, married persons, news, royal family, state immunity by sally

‘Rosalind English posted in January 2014 on Jones v. the United Kingdom, in which the Strasbourg Court decided that the inability of four men to bring torture compensation claims against Saudi Arabia in UK courts did not breach Article 6(1) of the Convention (access to court). The Court held that a grant of state immunity reflected generally recognised rules of public international law and so there had been no violation.’

UK Human Rights Blog, 9th June 2014

Source: www.ukhumanrightsblog.com

Emily MacKenzie: The Lawfulness of Detention by British Forces in Afghanistan – Serdar Mohammed v Ministry of Defence – UK Constitutional Law Association

Posted June 3rd, 2014 in Afghanistan, armed forces, detention, human rights, international law, news, time limits, treaties, United Nations by sally

‘On 2nd May, the High Court held that the UK Government must pay Serdar Mohammed (SM) compensation because British troops detained him unlawfully in Afghanistan. The case raised a myriad of international law issues, which are dealt with elegantly in an extensive judgment by Mr Justice Leggatt. This post will attempt to summarise some of the key issues involved.’

UK Constitutional Law Association, 2nd June 2014

Source: www.ukconstitutionallaw.org

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