Government apologises for breaching court ruling against arms sales to Saudi Arabia – The Independent

‘The government has apologised for breaching a court ruling against the sale of weapons to Saudi Arabia that could be used in the Yemen conflict.’

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The Independent, 16th September 2019

Source: www.independent.co.uk

Philip Allott: The Legality of a No-Deal Brexit Could Be Challenged – UK Constitutional Law Association

Posted September 3rd, 2019 in brexit, EC law, international law, interpretation, news, time limits, treaties by sally

‘It may be that there is no such thing as a date of 31 October 2019 for a no-deal UK withdrawal from the EU. On 9 April 2019, according to Le Monde, Michel Barnier, chief negotiator for the European Council in the withdrawal negotiations with the UK, said: ‘The EU will never take a decision on a ‘no deal’. That will be a choice for the British.’’

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UK Constitutional Law Association, 3rd September 2019

Source: ukconstitutionallaw.org

Jihadi Jack’s parents brand Sajid Javid a ‘coward’ over revoked citizenship – BBC News

‘The parents of a UK-Canadian man who joined the Islamic State group have said former Home Secretary Sajid Javid is a “coward” for revoking his British citizenship.’

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BBC News, 18th August 2019

Source: www.bbc.co.uk

Attorneys General lead international cooperation to combat cybercrime – Attorney General’s Office

‘Five Attorneys General from the UK, USA, Canada, Australia and New Zealand have today formalised their international cooperation in the fight against cybercrime.’

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Attorney General’s Office, 31st July 2019

Source: www.gov.uk/ago

Inside the 21st-century British criminal underworld – The Guardian

‘There are almost 5,000 criminal gangs in the UK. But the old family firms are gone – today’s big players are multinational, diversified and tech-savvy.’

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The Guardian, 4th July 2019

Source: www.theguardian.com

Yossi Nehushtan: The Unreasonable Perception of Rationality and Reasonableness in UK Public Law – UK Constitutional Law Association

Posted July 3rd, 2019 in EC law, export controls, international law, news, weapons by sally

‘In the recent case of R (Campaign Against Arms Trade) v Secretary of State for International Trade [2019] (hereinafter CAAT), the Court of Appeal invalidated the UK government’s decision to grant licences for the sale of military equipment to Saudi Arabia for possible use in the conflict in Yemen. The court found that the government had violated Article 2.2 of the EU Common Council Position 2008/944/CGSP, as adopted in the Secretary of State’s 2014 Guidance. Article 2.2 compels Member States to deny a licence for the sale of military equipment to other states if there is a clear risk that this equipment might be used ‘in the commission of serious violations of international humanitarian law’.’

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UK Constitutional Law Association, 1st July 2019

Source: ukconstitutionallaw.org

Arm Sales to Saudi Arabia: Evaluating the Clear Risk of Violations of IHL – Oxford Human Rights Hub

Posted June 26th, 2019 in appeals, export controls, human rights, international law, news, weapons by sally

‘On Thursday 20 June, the Court of Appeal issued its open judgment in the appeal concerning the lawfulness of the grant by the UK Government of export licences for arms sales to the Kingdom of Saudi Arabia (“KSA”), for possible use in the conflict in Yemen. In their judgment, Sir Terence Etherton MR, Irwin LJ and Singh LJ allowed the appeal by the Campaign Against Arms Trade (“CAAT”), remitting the decision to issue said licences by the Secretary of State for International Trade for reconsideration in accordance with the correct legal approach.’

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Oxford Human Rights Hub, 26th June 2019

Source: ohrh.law.ox.ac.uk

UK arms sales to Saudi Arabia unlawful, court of appeal declares – The Guardian

‘British arms sales to Saudi Arabia have been ruled unlawful by the court of appeal in a critical judgment that also accused ministers of ignoring whether airstrikes that killed civilians in Yemen broke humanitarian law.’

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The Guardian, 20th June 2019

Source: www.theguardian.com

Sajid Javid’s decision to strip Shamima Begum of her citizenship questioned by one of UK’s most senior judges – Daily Telegraph

‘One of Britain’s most senior judges has called into question Sajid Javid’s decision to strip Isil bride Shamima Begum of her British citizenship.’

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Daily Telegraph, 9th June 2019

Source: www.telegraph.co.uk

The socio-economic duty: A powerful idea hidden in plain sight in the Equality Act – Oxford Human Rights Hub

‘Section 1 of the Equality Act 2010 asks public authorities to actively consider the way in which their policies and their most strategic decisions can increase or decrease inequalities. I am talking about the socio-economic duty. However, successive governments since 2010 have failed to commence it, to bring it to life in technical terms, which means that public authorities are not technically bound by Section 1.’

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Oxford Human Rights Hub, 15th May 2019

Source: ohrh.law.ox.ac.uk

Now, a win for the Chagossians – UK Human Rights Blog

Posted March 6th, 2019 in Chagos Islands, colonies, international courts, international law, news by sally

‘The International Court of Justice has given a near-unanimous opinion that the separation in 1965 of the Chagos archipelago from the then British colony of Mauritius was contrary to the right of self determination, and that accordingly the de-colonisation of Mauritius by the United Kingdom had not been in accordance with international law. The ICJ held that Britain’s continued administration of the archipelago was an internationally wrongful act, which should cease as soon as possible.’

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UK Human Rights Blog, 4th March 2019

Source: ukhumanrightsblog.com

High Court gives green light to judicial review challenge over guidance on use of children as spies – Local Government Lawyer

‘The High Court has granted charity Just for Kids Law permission to proceed with its judicial review challenge over the use of children as spies by the police and other investigative agencies.’

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Local Government Lawyer, 4th March 2019

Source: www.localgovernmentlawyer.co.uk

Chagos Islands dispute: UK obliged to end control – UN – BBC News

Posted February 26th, 2019 in Chagos Islands, colonies, Diego Garcia, international law, news, United Nations by tracey

‘The UK should end its control of the Chagos Islands in the Indian Ocean “as rapidly as possible”, the UN’s highest court has said.’

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BBC News, 25th February 2019

Source: www.bbc.co.uk

Shamima Begum: The Human Rights Impact Of Making Someone Stateless – Rights Info

Posted February 19th, 2019 in children, citizenship, families, human rights, international law, Islam, news, terrorism, treason by sally

‘Shamima Begum was just 15 when she was radicalised by Isis militants online and smuggled into Syria.’

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Rights Info, 19th February 2019

Source: rightsinfo.org

Analysis: Was De Gafforj ruling another missed opportunity? – Family Law

‘Stuart Clark, of the International Family Law Group, looks at the Court of Appeal ruling that granted Anne Orenga de Gafforj a Hadkinson Order in September 2018.’

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Family Law, 7th February 2019

Source: www.familylaw.co.uk

UK Arbitration Act: Time for a revamp? – 4 New Square

‘Several countries have moved to amend their arbitration legislation, but the UK is yet to modernise its 1996 Arbitration Act, CDR explores what these provisions could look like and whether the market wants it.’

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4 New Square, 12th November 2018

Source: www.4newsquare.com

Ep. 57: Mass starvation as a weapon of war – Law Pod UK

Posted December 11th, 2018 in food, human rights, international law, news, war, war crimes by sally

‘Rosalind English talks to 1 Crown Office Row’s Catriona Murdoch about the ways in which international law may be used to prevent it.’

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Law Pod UK, 10th December 2018

Source: audioboom.com

Lawyers join forces to hold first London disputes week – Litigation Futures

Posted December 3rd, 2018 in brexit, courts, dispute resolution, international law, jurisdiction, London, news by tracey

‘A host of top law firms, chambers, representative bodies and others are joining forces to launch London International Disputes Week (LIDW) next year.’

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Litigation Futures, 3rd December 2018

Source: www.litigationfutures.com

Speech by Lord Chancellor of the High Court: The City UK Launch – Courts and Tribunals Judiciary

‘Speech by Lord Chancellor of the High Court: The City UK Launch.’

Full speech

Courts and Tribunals Judiciary, 30th November 2018

Source: www.judiciary.uk

International law regarding use of force – OUP Blog

Posted November 19th, 2018 in international law, news, precedent, United Nations, use of force by states by sally

‘Through the power of precedent, international incidents involving the use of force help to clarify the meaning and interpretation of jus ad bellum, the corpus of rules arising from international custom and the United Nations Charter that govern the use of force. UN Charter Article 2(4) forbids states from using force in their international relations. Exceptions to this prohibition are acts taken in self-defence under UN Charter Article 51 or under the auspices of a UN Security Council authorization to use force under Article 42. States can also consent that another state use force in its territory, for example to combat rebel or terrorist actors. In certain cases, state practice gives rise to new interpretations of existing rules or novel exceptions emerge. Through the study of precedents scholars often consider whether or not there has been a shift in the legal landscape. To give but a few illustrations, commentators have questioned if States take measures of self-defence under Article 51 to protect nationals abroad (a justification that has been invoked at various moments, for instance by Russia in the context of the crisis in Georgia in 2008), if a right to humanitarian intervention has emerged (a discussion triggered by the Kosovo crisis in 1999), or if self-defence under Article 51 can be invoked against non-state actors (a topical debate in the post 9/11 era). Consequently, depending on the precedent’s facts and the arguments invoked by the main protagonists different legal issues can be triggered.’

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OUP Blog, 19th November 2018

Source: blog.oup.com