Tag: International Law
-
Conference Report: International Law in the UK: A Troubled Relationship?
Image: The Conference speakers. Back row, from left to right: Dr Lewis Graham, Dr Chris Monaghan, Prof. Roger Masterman, Dr Matthew Nicholson, Dr Stuart Wallace, Sara Moran, Gabriel Tan, Dr Frederick Cowell, HH Daniel Pearce-Higgins, Dr Erin Ferguson, Dr Tristan Webb. Front row, from left to right: Dr Joanna Bell, Dane Luo, Dr Michael Lane,…
-
Sir Jonathan Jones QC (Hon): The Northern Ireland Protocol, International Law and the Attorney General
The Times recently (11 May 2022) reported that the Attorney General, Suella Braverman, had received, and given, legal advice to the effect that proposed government action in relation to the Northern Ireland Protocol was compatible with international law. As I write, we have still not seen details of either the proposals or the legal arguments…
-
Karolina Szopa: Condemning the Persecuted: Nationality and Borders Bill (2021) and Its Compatibility with International Law
Introduction In light of the ongoing migration issues, the UK’s government set out to reform the immigration system to make it fairer and more efficient, while aiming to tackle people smuggling and prevent unsafe routes to asylum. The Nationality and Borders Bill 2021, currently awaiting a second reading in the House of Lords, was introduced…
-
Roger Masterman: Reasserting/Reappraising Dualism
Dualism is considered a staple characteristic of the UK’s constitutional order. Recognised as a necessary derivative of the concept of parliamentary sovereignty, the notion of dualism is ‘based on the proposition that international law and domestic law operate in independent spheres’ and that interaction between those spheres is formally contingent – in the forum of…
-
Ronan Cormacain: The United Kingdom Internal Market Bill and Breach of Domestic Law
Huge controversy has already been generated over provisions in the United Kingdom Internal Market Bill granting Ministers the power to disapply the Withdrawal Agreement. Most of the debate (Elliott, Armstrong) has been focused on the potential breaches of international law. This could severely damage the reputation of the United Kingdom in the world. However, what…
-
Angela Patrick: Suing the state: judicial competence, restraint and redress in Belhadj
The coverage of last week’s Court of Appeal’s decision in Belhadj & Or. v Straw & Ors [2014] EWCA Civ 1394 has thus far generated more political heat than legal light. When a claim involves the suit of named officials and former Ministers for their alleged role in the rendition of a major political figure…
-
Christian Djeffal: Constitutional paths not taken: Germany vs. Italy before the ICJ
On 3 February 2012 the International Court of Justice (ICJ) gave the eagerly awaited judgment in the case Jurisdictional Immunities of the State. It held that Italy violated its international obligations towards Germany in three instances. Firstly, civil claims based on violations of humanitarian law during the Second World War were allowed before Italian courts.…