Dominic Mcgoldrick
Dados Biográficos
| ID | 4091716 |
|---|---|
| NOME | Dominic Mcgoldrick |
| PRENOMES | Dominic |
| SOBRENOME | Mcgoldrick |
| ASSINATURA | MCGOLDRICK D |
| AFILIAÇÕES | University of Liverpool |
| VERIFICADO | Não |
| TOTAL DE OBRAS | 44 |
| TOTAL DE CITAÇÕES | 91 |
| TOTAL COMO AUTOR | 44 |
| TOTAL COMO EDITOR | 0 |
| PRIMEIRO ANO DE PUBLICAÇÃO | 1990 |
| ANO MAIS RECENTE DE PUBLICAÇÃO | 2023 |
| ÍNDICE H | 5 |
Human Rights Law Review Symposiums 2023–25
Journal Article Human Rights Law Review Symposiums 2023–25 Get access Dominic McGoldrick Dominic McGoldrick Search for other works by this author on: Oxford Academic Google Scholar Human Rights Law Review, Volume 24, Issue 1, March 2024, ngad038, https://doi.org/10.1093/hrlr/ngad038 Published: 01 December 2023 Article history Accepted: 06 June 2023 Received: 06 November 2023 Published: 01 December 2023
Sharia Law in Europe? Legacies of the Ottoman Empire and the European Convention on Human Rights
In Western Thrace in Greece, a legacy of the Ottoman Empire survives in the form of religious law (Sharia). This article examines how international human rights law has approached the compatibility of such religious laws with modern human rights instruments and particularly with the European Convention on Human Rights (ECHR). It portrays the situation on Western Thrace within the wider historical, legal and social contexts of Muslims in Greece. I…
Challenging the Constitutionality of Restrictions on Same-Sex Sexual Relations
In September 2018, in the Navtej Singh Johar case,1 India’s Supreme Court unanimously ruled that Section 377 of the Indian Penal Code (1860) (IPC) was unconstitutional and had to be read down insofar as it penalized any consensual sexual activity between two adults, be it homosexuals, heterosexuals or lesbians. The judgment marked the end of almost a quarter of a century of complex legal challenges and campaigning by lesbian, gay, bisexual and tr…
A Defence of the Margin of Appreciation and an Argument for Its Application by the Human Rights Committee
The margin of appreciation (MoA) has become the central conceptual doctrine in the institutional and jurisprudential architecture of the European Convention on Human Rights (ECHR). This article critiques the existence and operation of the MoA within the ECHR system and defends its use. It is submitted that as each of the central justifications for the MoA under the ECHR applies equally to the International Covenant on Civil and Political Rights (…
The Development and Status of Sexual Orientation Discrimination under International Human Rights Law
This article assesses the development, status and recognition of a prohibition on sexual orientation discrimination as a matter of international human rights law. The State practice examined appears to reveal fundamental divisions on this issue. The article considers whether there are any treaty-based obligations that support the prohibition on sexual orientation as an existing right. Having examined the national, regional and international human…
Developments in the Right to be Forgotten
Journal Article Developments in the Right to be Forgotten Get access Dominic McGoldrick Dominic McGoldrick * * Professor of International Human Rights Law, University of Nottingham ([email protected]). Search for other works by this author on: Oxford Academic Google Scholar Human Rights Law Review, Volume 13, Issue 4, December 2013, Pages 761–776, https://doi.org/10.1093/hrlr/ngt035 Published: 03 December 2013
Religion and Legal Spaces--In Gods we Trust; in the Church we Trust, but need to Verify
The relationship between religion and law is inherently unstable and ambivalent.1 Religion professes faith in God’s (or some other higher being’s) law rather than man’s. Religions want the protection of the law for their manifestations and beliefs and for their social and institutional existence. However, they resist any incursion by the laws into areas where their beliefs and decisions are assessed for compatibility with national or internationa…
Iii. Assassination and Targeted Killing—the Killing of Osama Bin Laden
Osama Bin Laden was killed on 2 May 2011 in the course of an operation by US special forces (Navy Seals) in Abbottabad, Pakistan. 1 The US forces were flown by helicopter from neighbouring Afghanistan. The death of Bin Laden renewed questions about the legality of such operations during armed conflicts and during peacetime. 2 The potentially applicable law includes international humanitarian law, international human rights law, jus ad bellum and …
Religion in the European Public Square and in European Public Life--Crucifixes in the Classroom
Journal Article Religion in the European Public Square and in European Public Life—Crucifixes in the Classroom? Get access Dominic McGoldrick Dominic McGoldrick **Professor of Public International Law, University of Liverpool ([email protected]). I am grateful to Linda Woodhead (Lancaster University) and Carolyn Evans (Melbourne University) for their comments. Responsibility for the views expressed is mine alone. Search for other works by this autho…
The Boundaries of Justiciability
This article examines the application of the principle of justiciability principally where it has been invoked in the context of claims in the UK courts related to foreign affairs or public international law. It is submitted that the modern judicial trend is to find that issues are justiciable and focus instead on the degree and intensity of the review exercised. The trend is directed and supported by the growing importance of human rights and th…
Accommodating Muslims in Europe
This article considers the possibilities for accommodating the growing numbers of Muslims in Europe. Sections 2–5 examine the compatibility of the adoption of Islamic Law or an Islamic Law system with the European Convention on Human Rights. In particular, section 4 critiques the judgment of the European Court of Human Rights in the Refah Case. Section 6 considers whether Muslims could be accommodated by the adoption of particular rules of sharia…
Multiculturalism and its Discontents
Journal Article Multiculturalism and its Discontents Get access Dominic McGoldrick Dominic McGoldrick Search for other works by this author on: Oxford Academic Google Scholar Human Rights Law Review, Volume 5, Issue 1, 2005, Pages 27–56, https://doi.org/10.1093/hrlrev/ngi002 Published: 01 March 2005
Accomplishments and New Directions
The World Summit on Sustainable Development took place in Johannesburg from 26 August to 4 September 2002. Its intended purpose was to hold a ten-year review of the 1992 UN Conference on Environment and Development (Rio Summit) in order to rein-vigorate the global commitment to sustainable development. 1 Perhaps attempting to duplicate the products of other international meetings, national governments agreed to negotiate and adopt two documents: …
I. The Use of Force Against Iraq
The answer of the Attorney-General Lord Goldsmith to a question in the House of Lords and a paper produced by the Foreign & Commonwealth Office explaining the United Kingdom's position on the legal basis for the use of force against Iraq are reproduced immediately below (from the ‘Latest News’ section, 18 March 2003, of the Foreign & Commonwealth Office website, www.fco.gov.uk). Contextual documentation and comment will be provided in the next Cu…
September 11 and the UK Response
On 11 September 2001, four aircraft on internal flights within the United States were seized by passengers who crashed two of them into the World Trade Centre in New York and another into the Pentagon, Washington DC, the other falling into open land in Pennsylvania. The men who seized the planes were all non-US nationals. The total loss of life was over 3,000, including a number of UK citizens. The economic consequences were hardly calculable. Re…
II. International Law in English Court—Recent Cases
The Orthodox position on the legal effect of treaties in English law is easy to state. Treaties are entered into by the Executive acting under prerogative powers. The exercise of these powers is not, even in the post- GCHQ 2 dispensation, a matter within the jurisdiction of the courts, so that the desirability of entering into a treaty cannot be challenged in the courts. 3 However, since any prerogative power must be exercised campatibly with leg…
II. Implementation of the Criminal Court Statute in England and Wales
Although a few States ratified the Rome Statute for the International Criminal Court 1 soon after it was promulgated, the UK decided to prepare and pass implementing legislation prior to submitting its ratification. In England and Wales (and Northern Ireland), 2 the ICC Statute is implemented by the International Criminal Court Act 2001, 3 which came fully into force on 1 September 2001. 4 The UK ratified the ICC Statute on 4 October 2001, fulfil…
I. Diplomatic Representations and Diplomatic Protection
The European Court of Human Rights has decided in the last three years five cases dealing with state or international immunities. 1 Although the facts differed, the arguments of the applicants were much the same. They contended that allowing a foreign State or an international organisation to claim immunity in a civil action in proceedings in the defendant State violated the applicants' rights to access to a court for the determination of a civil…
The United Kingdom's Human Rights Act 1998 in Theory and Practice
This essay assesses the significance of the United Kingdom's Human Rights Act (HRA) 1998 on legal theory and practice. Part II considers its constitutional context and significance; Part III deals with whether the European Convention on Human Rights has been ‘incorporated’. Part IV deals with its entry into force. The two principal methods used by the HRA to relate to (1) statutory interpretation and (2) a duty on public authorities or those exer…
I. The Preparatory Commission for the International Criminal Court
The Preparatory Commission (PrepCom) was established by Resolution F of the Final Act of the United Nations Conference of Plenipotentiaries on the Establishment of an International Criminal Court (ICC). Under this resolution the PrepCom is intended to “take all possible measures to ensure the coming into operation of the International Criminal Court without undue delay”, and “to make the necessary arrangements for the commencement of [the Court's…
I. Drug Trafficking at Sea
In 1991 the United Kingdom became a Party to the 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, one of the purposes of which is “to improve international co-operation in the suppression of illicit traffic by sea”. 1 Article 17 of that Convention has, as its central purpose, the establishment of international standards, procedures and practices designed to facilitate the obtaining of enforceme…
I. Ospar Decision 98/3 and the Dumping of Offshore Installations
In September 1997 the government of the United Kingdom announced new policies on the dumping of offshore installations. The new policies centred on a general prohibition of dumping of offshore installations for all but those instances where there was absolutely no alternative. 1 They were presented as a sea change from the policies of the previous Conservative government which had required each case to be assessed on its merits and were hailed by…
III. Extradition Law Aspects of Pinochet 3
The prominence of the immunity issue in Pinochet 1 2 rather obscured the fact that the proceedings were ultimately about extradition. Perhaps that was how it should have been because immunity questions are recognised as preliminary matters, going to the very competence of a court to hear and determine the substantive claim. However, there can be questions which are, as it were, even more preliminary than ones about immunity. One example is where …
The First Pinochet Case
The case of Pinochet has aroused enormous interest, both political and legal. The spectacle of the General, whose regime sent so many to their deaths, himself under arrest and standing trial has stirred the hopes of the oppressed. His reversal of fortune, loss of liberty with a policeman, on the door, has been heralded by organisations for the protection of human rights as one small step on the long road to justice. For lawyers generally, the Hou…
II. Ex parte Pinochet
The Lords were not lost in admiration of section 20 of the State Immunity Act 1978. Lord Browne-Wilkinson described it as “strange” and “baffling”. It is certainly true that (as Lord Browne-Wilkinson continued) “Parliament cannot have intended to give heads of state and former heads of state greater rights than they already enjoyed under international law”. 1 Nor was it intended that their rights should be inadvertently curtailed. The State Immun…
The United Nations Convention on the Rights of the Child
This article provides a commentary on the United Nations Convention on the Rights of the Child 1989. It examines the substantive rights in the Convention, and its implementation system, in the context of international human rights law and practice. An assessment is made of the importance of the Convention from a series of perspectives and its potential effect. It is submitted that the Convention could, in time, be seen to represent an important m…
A Defence of the Margin of Appreciation and an Argument for Its Application by the Human Rights Committee
The margin of appreciation (MoA) has become the central conceptual doctrine in the institutional and jurisprudential architecture of the European Convention on Human Rights (ECHR). This article critiques the existence and operation of the MoA within the ECHR system and defends its use. It is submitted that as each of the central justifications for the MoA under the ECHR applies equally to the International Covenant on Civil and Political Rights (…
Sustainable Development and Human Rights
This article seeks to present an integrated conception of sustainable development, with particular emphasis on the contribution of international human rights law and theory. Part II considers a structural conception of sustainable development. Part III considers parallels between sustainable development and self-determination. Part IV provides some general reflections on international environmental law and international human rights law in terms …
The Boundaries of Justiciability
This article examines the application of the principle of justiciability principally where it has been invoked in the context of claims in the UK courts related to foreign affairs or public international law. It is submitted that the modern judicial trend is to find that issues are justiciable and focus instead on the degree and intensity of the review exercised. The trend is directed and supported by the growing importance of human rights and th…
The United Kingdom's Human Rights Act 1998 in Theory and Practice
This essay assesses the significance of the United Kingdom's Human Rights Act (HRA) 1998 on legal theory and practice. Part II considers its constitutional context and significance; Part III deals with whether the European Convention on Human Rights has been ‘incorporated’. Part IV deals with its entry into force. The two principal methods used by the HRA to relate to (1) statutory interpretation and (2) a duty on public authorities or those exer…
Religion in the European Public Square and in European Public Life--Crucifixes in the Classroom
Journal Article Religion in the European Public Square and in European Public Life—Crucifixes in the Classroom? Get access Dominic McGoldrick Dominic McGoldrick **Professor of Public International Law, University of Liverpool ([email protected]). I am grateful to Linda Woodhead (Lancaster University) and Carolyn Evans (Melbourne University) for their comments. Responsibility for the views expressed is mine alone. Search for other works by this autho…
Multiculturalism and its Discontents
Journal Article Multiculturalism and its Discontents Get access Dominic McGoldrick Dominic McGoldrick Search for other works by this author on: Oxford Academic Google Scholar Human Rights Law Review, Volume 5, Issue 1, 2005, Pages 27–56, https://doi.org/10.1093/hrlrev/ngi002 Published: 01 March 2005
The Pinochet Case No. 3
The decision of the Appellate Committee of the House of Lords, given on 24 March 1999, 1 confirms, by the impressive vote of 6 to 1, the earlier majority ruling that a former head of state enjoys no immunity in extradition or criminal proceedings brought in the United Kingdom in respect of the international crime of torture
Accommodating Muslims in Europe
This article considers the possibilities for accommodating the growing numbers of Muslims in Europe. Sections 2–5 examine the compatibility of the adoption of Islamic Law or an Islamic Law system with the European Convention on Human Rights. In particular, section 4 critiques the judgment of the European Court of Human Rights in the Refah Case. Section 6 considers whether Muslims could be accommodated by the adoption of particular rules of sharia…
I. Diplomatic Representations and Diplomatic Protection
The European Court of Human Rights has decided in the last three years five cases dealing with state or international immunities. 1 Although the facts differed, the arguments of the applicants were much the same. They contended that allowing a foreign State or an international organisation to claim immunity in a civil action in proceedings in the defendant State violated the applicants' rights to access to a court for the determination of a civil…
The First Pinochet Case
The case of Pinochet has aroused enormous interest, both political and legal. The spectacle of the General, whose regime sent so many to their deaths, himself under arrest and standing trial has stirred the hopes of the oppressed. His reversal of fortune, loss of liberty with a policeman, on the door, has been heralded by organisations for the protection of human rights as one small step on the long road to justice. For lawyers generally, the Hou…
The Development of the Conference on Security and Co-Operation in Europe (Csce) after the Helsinki 1992 Conference
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
I. The Use of Force Against Iraq
The answer of the Attorney-General Lord Goldsmith to a question in the House of Lords and a paper produced by the Foreign & Commonwealth Office explaining the United Kingdom's position on the legal basis for the use of force against Iraq are reproduced immediately below (from the ‘Latest News’ section, 18 March 2003, of the Foreign & Commonwealth Office website, www.fco.gov.uk). Contextual documentation and comment will be provided in the next Cu…
I. The Preparatory Commission for the International Criminal Court
The Preparatory Commission (PrepCom) was established by Resolution F of the Final Act of the United Nations Conference of Plenipotentiaries on the Establishment of an International Criminal Court (ICC). Under this resolution the PrepCom is intended to “take all possible measures to ensure the coming into operation of the International Criminal Court without undue delay”, and “to make the necessary arrangements for the commencement of [the Court's…
II. Ex parte Pinochet
The Lords were not lost in admiration of section 20 of the State Immunity Act 1978. Lord Browne-Wilkinson described it as “strange” and “baffling”. It is certainly true that (as Lord Browne-Wilkinson continued) “Parliament cannot have intended to give heads of state and former heads of state greater rights than they already enjoyed under international law”. 1 Nor was it intended that their rights should be inadvertently curtailed. The State Immun…
II. State Immunity, Diplomatic Immunity and Act of State
The relationship between State immunity and diplomatic immunity has always been a rather complex one. The two concepts undoubtedly have a common juridical background in the form of the concepts of sovereignty, independence and dignity. 1 On the other hand, recent developments in both fields have seen a move towards a more functional-based approach. Thus, in relation to diplomatic immunity, the dominant theoretical basis is that of functional nece…
I. Extradition and the European Union
To assist effective legal co-operation in combating criminal activity, the Justice and Home Affairs Council of the European Union has recently concluded two new conventions to simplify and improve extradition procedures between member States of the European Union. In doing so, the Council set in motion a process whereby existing arrangements for extradition were examined with a view to making them more flexible. In 1995 the Council recommended th…
The Ec/Canadian Fisheries Dispute in the Northwest Atlantic
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
International Criminal Law
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Challenging the Constitutionality of Restrictions on Same-Sex Sexual Relations
In September 2018, in the Navtej Singh Johar case,1 India’s Supreme Court unanimously ruled that Section 377 of the Indian Penal Code (1860) (IPC) was unconstitutional and had to be read down insofar as it penalized any consensual sexual activity between two adults, be it homosexuals, heterosexuals or lesbians. The judgment marked the end of almost a quarter of a century of complex legal challenges and campaigning by lesbian, gay, bisexual and tr…
The Development and Status of Sexual Orientation Discrimination under International Human Rights Law
This article assesses the development, status and recognition of a prohibition on sexual orientation discrimination as a matter of international human rights law. The State practice examined appears to reveal fundamental divisions on this issue. The article considers whether there are any treaty-based obligations that support the prohibition on sexual orientation as an existing right. Having examined the national, regional and international human…
Iii. Assassination and Targeted Killing—the Killing of Osama Bin Laden
Osama Bin Laden was killed on 2 May 2011 in the course of an operation by US special forces (Navy Seals) in Abbottabad, Pakistan. 1 The US forces were flown by helicopter from neighbouring Afghanistan. The death of Bin Laden renewed questions about the legality of such operations during armed conflicts and during peacetime. 2 The potentially applicable law includes international humanitarian law, international human rights law, jus ad bellum and …
September 11 and the UK Response
On 11 September 2001, four aircraft on internal flights within the United States were seized by passengers who crashed two of them into the World Trade Centre in New York and another into the Pentagon, Washington DC, the other falling into open land in Pennsylvania. The men who seized the planes were all non-US nationals. The total loss of life was over 3,000, including a number of UK citizens. The economic consequences were hardly calculable. Re…
I. The Future of Former Head of State Immunity after ex Parte Pinochet
While lacking the raw excitement of the live “penalty shoot-out” that was the announcement of the decision of the House of Lords in Reg. v. Bow Street Magistrate, ex parte Pinochet , 1 the initial impression of the decision in Reg. v. Bow Street Magistrate, ex parte Pinochet (No. 3) 2 was of a solid majority support for the position that Pinochet was not entitled to immunity in the United Kingdom in respect of the criminal acts he is alleged to h…
II. The International Criminal Tribunal for the Former Yugoslavia
On 29 November 1996 Trial Chamber I of the International Criminal Tribunal for the Former Yugoslavia (“the ICTY”) handed down its sentence in the case of Dražen Erdemović. This was a decision of historie significance for a variety of reasons, the most obvious being that it was the first sentence passed by an international war crimes tribunals, applying international law, since the International Military Tribunals which sat at Nuremberg and Tokyo …
I. Human Rights Developments in the Helsinki Process
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The United Nations Convention on the Rights of the Child
This article provides a commentary on the United Nations Convention on the Rights of the Child 1989. It examines the substantive rights in the Convention, and its implementation system, in the context of international human rights law and practice. An assessment is made of the importance of the Convention from a series of perspectives and its potential effect. It is submitted that the Convention could, in time, be seen to represent an important m…
Canadian Indians, Cultural Rights and the Human Rights Committee
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The Development of the Conference on Security and Co-Operation in Europe (Csce) after the Helsinki 1992 Conference
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The Ec/Canadian Fisheries Dispute in the Northwest Atlantic
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
International Criminal Law
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
I. Co-operation with the International Criminal Tribunal for Yugoslavia
The Security Council established the International Criminal Tribunal for the Former Yugoslavia (the Tribunal) by Resolution 827. 1 It “determined” that the widespread and flagrant violations of international humanitarian law in the territory of the former Yugoslavia constituted a threat to international peace and security. Resolution 827 is a Chapter VII resolution. The Council “decided” that all States shall co-operate fully with the Tribunal an…
I. The Straddling Stocks Agreement of 1995—an Initial Assessment
On 4 August 1995 the UN Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks, at its sixth session, adopted without a vote the text of the Agreement for the Implementation of the provisions of the United Nations Convention on the Law of the Sea relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks. 1 The title is often shortened to “the Straddling Stocks Agreement”. To date, the Ag…
II. Unrecognised States and Liability for Income Tax
The object of this short note is to draw attention to a decision of the Special Commissioners of Inland Revenue (the Commissioners) which deals with the liability for income tax of officials of an unrecognised State. 1 Section 321 of the Income and Corporation Taxes Act 1988 (the Taxes Act) provides exemption from liability for income tax for foreign consuls in the United Kingdom and for “an official agent in the United Kingdom for any foreign st…
Sustainable Development and Human Rights
This article seeks to present an integrated conception of sustainable development, with particular emphasis on the contribution of international human rights law and theory. Part II considers a structural conception of sustainable development. Part III considers parallels between sustainable development and self-determination. Part IV provides some general reflections on international environmental law and international human rights law in terms …
I. Extradition and the European Union
To assist effective legal co-operation in combating criminal activity, the Justice and Home Affairs Council of the European Union has recently concluded two new conventions to simplify and improve extradition procedures between member States of the European Union. In doing so, the Council set in motion a process whereby existing arrangements for extradition were examined with a view to making them more flexible. In 1995 the Council recommended th…
II. The 1996 Protocol to the London Dumping Convention and the Brent Spar
In November 1996 a special meeting of the contracting parties to the London Dumping Convention 1972 (LDC) adopted a new Protocol. The objective of the Protocol is to protect “the marine environment from all sources of pollution”.3 This is to be done by placing more restrictions on dumping and clarifying ambiguities in the law
Books reviewed
Multinational Naval Forces, edited by Peter T. Haydon and Ann L. Griffiths. Halifax, Nova Scotia: Centre for Foreign Policy Studies, Dalhousie University, 1996. pp.xi+261. $19.95. ISBN 1 896 44005 3. Humanitarian Intervention in Contemporary Conflict: A Reconceptualisation by Oliver Ramsbotham and Tom Woodhouse. Cambridge: Polity Press, 1996. Pp.264. £13.95 (paperback). ISBN 0 745 61511 2. A United Nations for the Twenty‐First Century: Peace, Sec…
II. The International Criminal Tribunal for the Former Yugoslavia
On 29 November 1996 Trial Chamber I of the International Criminal Tribunal for the Former Yugoslavia (“the ICTY”) handed down its sentence in the case of Dražen Erdemović. This was a decision of historie significance for a variety of reasons, the most obvious being that it was the first sentence passed by an international war crimes tribunals, applying international law, since the International Military Tribunals which sat at Nuremberg and Tokyo …
I. The Northern Ireland Peace Agreement, Minority Rights and Self-Determination
The Northern Ireland Peace Agreement 1 was concluded following multi-party negotiations on Good Friday, 10 April 1998. It received 71 per cent approval in Northern Ireland and 95 per cent approval in the Republic of Ireland in the subsequent referenda held on Friday 22 May, the day after Ascension. To some, it must have seemed that the timing was singularly appropriate following 30 years of “The Troubles”, which were perceived as being between a …
II. State Immunity, Diplomatic Immunity and Act of State
The relationship between State immunity and diplomatic immunity has always been a rather complex one. The two concepts undoubtedly have a common juridical background in the form of the concepts of sovereignty, independence and dignity. 1 On the other hand, recent developments in both fields have seen a move towards a more functional-based approach. Thus, in relation to diplomatic immunity, the dominant theoretical basis is that of functional nece…
I. Global Warming and the Kyoto Protocol
The Third Conference of the Parties to the United Nations Framework Convention on Climate Change (Climate Change Convention) was held from 1 to 11 December 1997 at Kyoto, Japan. Significantly the States Parties to the Convention adopted a protocol (Kyoto Protocol) on 11 December 1997 under which industrialised countries have agreed to reduce their collective emissions of six greenhouse gases by at least 5 per cent by 2008–2012. Ambassador Raul Es…
I. Ospar Decision 98/3 and the Dumping of Offshore Installations
In September 1997 the government of the United Kingdom announced new policies on the dumping of offshore installations. The new policies centred on a general prohibition of dumping of offshore installations for all but those instances where there was absolutely no alternative. 1 They were presented as a sea change from the policies of the previous Conservative government which had required each case to be assessed on its merits and were hailed by…
III. Extradition Law Aspects of Pinochet 3
The prominence of the immunity issue in Pinochet 1 2 rather obscured the fact that the proceedings were ultimately about extradition. Perhaps that was how it should have been because immunity questions are recognised as preliminary matters, going to the very competence of a court to hear and determine the substantive claim. However, there can be questions which are, as it were, even more preliminary than ones about immunity. One example is where …
The First Pinochet Case
The case of Pinochet has aroused enormous interest, both political and legal. The spectacle of the General, whose regime sent so many to their deaths, himself under arrest and standing trial has stirred the hopes of the oppressed. His reversal of fortune, loss of liberty with a policeman, on the door, has been heralded by organisations for the protection of human rights as one small step on the long road to justice. For lawyers generally, the Hou…
II. Ex parte Pinochet
The Lords were not lost in admiration of section 20 of the State Immunity Act 1978. Lord Browne-Wilkinson described it as “strange” and “baffling”. It is certainly true that (as Lord Browne-Wilkinson continued) “Parliament cannot have intended to give heads of state and former heads of state greater rights than they already enjoyed under international law”. 1 Nor was it intended that their rights should be inadvertently curtailed. The State Immun…
The Pinochet Case No. 3
The decision of the Appellate Committee of the House of Lords, given on 24 March 1999, 1 confirms, by the impressive vote of 6 to 1, the earlier majority ruling that a former head of state enjoys no immunity in extradition or criminal proceedings brought in the United Kingdom in respect of the international crime of torture
I. The Future of Former Head of State Immunity after ex Parte Pinochet
While lacking the raw excitement of the live “penalty shoot-out” that was the announcement of the decision of the House of Lords in Reg. v. Bow Street Magistrate, ex parte Pinochet , 1 the initial impression of the decision in Reg. v. Bow Street Magistrate, ex parte Pinochet (No. 3) 2 was of a solid majority support for the position that Pinochet was not entitled to immunity in the United Kingdom in respect of the criminal acts he is alleged to h…
I. Drug Trafficking at Sea
In 1991 the United Kingdom became a Party to the 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, one of the purposes of which is “to improve international co-operation in the suppression of illicit traffic by sea”. 1 Article 17 of that Convention has, as its central purpose, the establishment of international standards, procedures and practices designed to facilitate the obtaining of enforceme…
The United Kingdom's Human Rights Act 1998 in Theory and Practice
This essay assesses the significance of the United Kingdom's Human Rights Act (HRA) 1998 on legal theory and practice. Part II considers its constitutional context and significance; Part III deals with whether the European Convention on Human Rights has been ‘incorporated’. Part IV deals with its entry into force. The two principal methods used by the HRA to relate to (1) statutory interpretation and (2) a duty on public authorities or those exer…
Political science (44 obras) · Law (41 obras) · Law (33 obras) · International Law and Human Rights (18 obras) · Sociology (17 obras) · Human rights (16 obras) · Business (13 obras) · Convention (12 obras) · Computer Science (10 obras) · International law (10 obras)