Suchergebnisse

572International organizations — United Nations — United Nations Security Council — Chapter VII of the Charter of the United Nations — Resolution 661 — Resolution 1330 — Sanctions against Iraq — Obligations on States to give effect to resolutions — Nature of resolutions imposing sanctions — Ongoing sanctionsRelationship of international law and municipal law — United Kingdom domestic law — United Nations Act 1946 (United Kingdom) — Emergency Laws (Re-enactments and Repeals) Act 1964 — Iraq and Kuwait (United Nations Sanctions) Order 1990 — Iraq (United Nations Sanctions) Order 2000 (United Kingdom) — Temporal limitations on order-making powers — Implementation of sanctions resolution of the Security Council — The law of England

Why did you and your husband decide to set up MOAS? We were on a sailing holiday in the Mediterranean. During the crossing between Lampedusa and Tunis, we saw a lifejacket in the water and we thought that it must have belonged to someone that didn't make it across. It was a reality check. The sea we love is for many people a place of holiday and pleasure, but for other people it's not, it's a way to escape to Europe. Adapted from the source document.

State immunity — Jurisdictional immunity — Scope — Application to individual officials — Human rights — Universal jurisdiction — Scope of immunity under Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984 — Double jeopardyInternational organizations — United Nations — Privileges and immunities — Immunity of experts on missions for the United Nations — Waiver of immunity — Convention on the Privileges and Immunities of the United Nations, 1946, Sections 22 and 23 — United Nations and International Court of Justice (Immunities and Privileges) Order 1974 — Whether waiver can be retroactive — Whether waiver needing to be express — The law of England

Relationship of international law and municipal law — Crime of terrorism — Terrorism Act 2000 — Dissemination of terrorist publications — Terrorist offences — Section 2 of Terrorism Act 2000 — Section 1 of Terrorism Act 2000 — Interpretation — Definition of terrorism — Scope — Whether insurgents attacking government armed forces exempted from definition — International crime of terrorism — Whether international crime of terrorism in times of peace and armed conflict — Definition of terrorism in international law — Whether international law rule restricting scope of terrorism — International conventions and national legislation — Whether attacks by insurgents on soldiers of Coalition forces in Iraq and Afghanistan terrorism excluded from definition of terrorism in Terrorism Act 2000 — Whether rule of international law requiring reading down of Section 1 of Terrorism Act 2000Terrorism — Scope — Definition of terrorism — Section 1 of Terrorism Act 2000 — Interpretation — Definition of terrorism in international law — Whether rule of international law excluding attack by insurgents on government military forces from definition of terrorism — Definition of terrorism in Section 1 of Terrorism Act 2000 having wide scope — Whether reading down of Section 1 of Act necessary or desirableWar and armed conflict — Non-international armed conflict — Conflicts in Afghanistan and Iraq in 2008 and 2009 — Whether attacks by insurgents on soldiers of Coalition forces in Iraq and Afghanistan terrorism within meaning of Terrorism Act 2000 — The law of the United Kingdom

674Human rights — Freedom of religion and beliefs — Conscientious objection — Defendant appealing rejection of application for discharge from Navy on ground of conscientious objection — Defendant charged under Section 12(1) of Armed Forces Act 2006 while appeal pending — Appeal refused — Court Martial convicting and sentencing defendant — Whether conviction in breach of Article 9 of European Convention on Human Rights, 1950 — Whether defendant entitled to protected status under Geneva Conventions — Whether sentence excessiveRelationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950, Article 9 — Geneva Conventions — United Kingdom domestic law — Armed Forces Act 2006 — Personnel, Legal, Administrative and General Orders 0801 — Guidance on Sentencing in the Court Martial — Domestic procedure for applications for discharge from Navy on ground of conscientious objection — Defendant convicted under Section 12(1) of Armed Forces Act 2006 — Whether conscientious objection a conviction or belief engaging Article 9 of European Convention — Striking balance between rights of individual and rights of others — Whether person conscripted or volunteering for service — Whether domestic procedure satisfying requirements of Article 9(2) of European Convention — Whether conviction and sentence appropriate — Whether United Kingdom defence policy unlawfulTreaties — Interpretation — European Convention on Human Rights, 1950, Article 9 — Conscientious objection — Whether conviction or belief engaging Article 9 of European Convention — Whether domestic procedure satisfying requirements of Article 9(2) of European Convention — Geneva Conventions — Protected status — Whether United Kingdom defence policy unlawfulWar and armed conflict — Geneva Conventions — Protected status — Deployment training — Weapons training — Conscientious objection — Requirement to maintain military service and discipline pending resolution of applications for discharge on basis of conscientious objection — Whether United Kingdom defence policy unlawful — The law of England

402Human rights — Prohibition of torture and inhuman or degrading treatment or punishment — Article 3 of European Convention on Human Rights, 1950 — Whether whole-life order infringing Article 3 of European Convention — Strasbourg jurisprudence — Kafkaris v. Cyprus — Irreducible life sentences possibly raising issue under Article 3 — Circumstances in which issue raised — Nature of issue raised — Test for deciding whether life sentence reducible — Whether whole-life order amounting to ill-treatment contrary to Article 3 of European Convention on Human Rights, 1950Treaties — Interpretation — European Convention on Human Rights, 1950, Article 3 — Scope — Article 3 of European Convention prohibiting torture and inhuman or degrading treatment or punishment — Whether whole-life order infringing Article 3 — Strasbourg jurisprudence — Kafkaris v. Cyprus — Whether ruling irreducible sentence imposed by judge as appropriate punishment and deterrence for very serious offence resulting in detention violating Article 3 — Whether whole-life term irreducible sentence — Discretionary power of Secretary of State to release life prisoner — When potential Article 3 violation occurring — When Article 3 challenge could be madeRelationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950 — Domestic jurisprudence — European jurisprudence and other material — Strasbourg jurisprudence — Kafkaris v. Cyprus — Duty of national courts — United Kingdom law — Irreducible life sentence imposed by a judge to reflect appropriate punishment and deterrence for very serious offence — Whether Kafkaris ruling that sentence resulting in detention violating Article 3 of European Convention — Views of Council of Europe Member States — Views of United Kingdom — Schedule 21 to United Kingdom Criminal Justice Act 2003 — Irreducible life sentence imposed by judge to reflect appropriate punishment and deterrence for very serious offence — Whether resulting in detention infringing Article 3 of European Convention — Whether whole-life term irreducible sentence — Discretionary power of Secretary of State to release life prisoner — Requirement that United Kingdom comply with European Convention — The law of England

568Relationship of international law and municipal law — Crime of terrorism — Terrorism Act 2000 — Dissemination of terrorist publications — Terrorist offences — Section 2 of Terrorism Act 2000 — Section 1 of Terrorism Act 2000 — Interpretation — Definition of terrorism — Scope — Whether insurgents attacking government armed forces exempted from definition — Customary international law — International crime of terrorism — Whether international crime of terrorism in times of peace and armed conflict — Definition of terrorism in international law — Whether customary international law rule restricting scope of terrorism — State practice — Whether widespread and general — International conventions and national legislation — Opinio juris — Whether attacks by insurgents on soldiers of Coalition forces in Iraq and Afghanistan terrorism excluded from definition of terrorism in Terrorism Act 2000 — Whether rule of international law requiring reading down of Section 1 of Terrorism Act 2000Terrorism — Scope — Definition of terrorism — Section 1 of Terrorism Act 2000 — Interpretation — Definition of terrorism in international law — Whether development of rule under customary international law excluding attack by insurgents on government military forces from definition of terrorism — Definition of terrorism in Section 1 of Terrorism Act 2000 having wide scope — Whether reading down of Section 1 of Act necessary or desirable — Customary international lawWar and armed conflict — Non-international armed conflict — Conflicts in Afghanistan and Iraq in 2008 and 2009 — Whether non-international armed conflicts — Certificate of Foreign Secretary — Whether conclusive — Whether attacks by insurgents on soldiers of Coalition forces in Iraq and Afghanistan terrorism within meaning of Terrorism Act 2000 — Whether judge directing jury correctly with respect to meaning of Act — The law of England

Relationship of international law and municipal law — Treaties — Whether conferring justiciable rights on individuals in absence of implementing legislation — Legislation recognizing "treaty rights of aboriginal peoples of Canada" — Whether including international treaties concluded between sovereign States — Article III, Great Britain — United States Jay Treaty, 1794 — Whether conferring enforceable right on Canadian Indians to import commercial merchandise into Canada without dutyTreaties — Interpretation — Vienna Convention on the Law of Treaties, 1969 — Great Britain — United States Jay Treaty, 1794 — English authentic text — French translation of provision not faithful to authentic text — What reliance can be placed on translationTreaties — Individuals — Whether treaty creating rights and obligations confers justiciable rights upon individuals resident in the contracting States — Whether contracting State has fiduciary duty towards citizens in respect of rights and obligations created under a treaty — Great Britain — United States Jay Treaty, 1794 — The law of Canada

Jurisdiction — Universal — Crimes against international law — War crimes — Crimes against humanity — Section 7(3.71) of the Canadian Criminal Code providing for prosecution of war criminals in Canadian courts for acts or omissions occurring outside Canada during Second World War — Whether merely jurisdictional provision or creating new offences of war crimes and crimes against humanity — International and domestic elements of offence — Roles of judge and jury — Whether acts or omissions constituted war crimes or crimes against humanity — Whether question of law for judge or question of fact for juryRelationship of international law and municipal law — War crimes and crimes against humanity — Trial for war crimes in Canada — Canadian legislation conferring jurisdiction on Canadian courts to prosecute defendants for acts and omissions occurring outside Canada — Acts and omissions deemed to have occurred in Canada if the acts and omissions constitute war crimes or crimes against humanity and would constitute offences under Canadian law in force at time of act or omission — Accused charged under Canadian Criminal Code in respect of acts and omissions occurring in Hungary during Second World War — Whether those acts or omissions constituted war crimes or crimes against humanity under international law — Whether matter for judge or juryWar and armed conflict — War crimes and crimes against humanity — Trial by municipal court — State of mind of 285accused — Whether requirement that accused knew that acts or omissions constituted war crimes or crimes against humanity — Whether more stringent requirements of mens rea than for ordinary underlying domestic offences — Defence of obedience to superior orders — Municipal legislation conferring jurisdiction to try charges of war crimes and crimes against humanity — Canada — Alleged offences committed outside Canada during Second World War — Legislation deeming offences to have been committed inside Canada, provided that constituted war crimes or crimes against humanity — The law of Canada

281Extradition — Rule of speciality — Absence of treaty — Australia and Canada entering into extradition arrangement incorporating rule of speciality — Extradition on narcotic charges — Whether applicant could be detained on any charge other than that for which he was extradited — Extradition (Commonwealth Countries) Act 1966 (Australia) — Extradition Act, RSC 1970, c. E-21 — The law of Canada

520War and armed conflict — War crimes and crimes against humanity — Trial by municipal court — State of mind of accused — Whether accused required to have knowledge that acts or omissions concerned constituted war crimes or crimes against humanity — Defence of obedience to superior orders — National legislation conferring jurisdiction to try charges of war crimes and crimes against humanity — Canada — Alleged offences committed outside Canada during World War Two — Legislation deeming offences to have been committed inside Canada, provided that they constituted war crimes or crimes against humanityJurisdiction — Universal — Crimes against international law — War crimes — Crimes against humanity — Canadian legislation extending jurisdiction of Canadian courts to war crimes committed outside Canada during World War Two — International and domestic elements of offence — Roles of judge and jury — Question whether acts or omissions concerned constituted war crimes or crimes against humanity — Whether question of law for judge or question of fact for juryRelationship of international law and municipal law — War crimes and crimes against humanity — Trial for war crimes and crimes against humanity in Canada — Canadian legislation giving jurisdiction to Canadian courts to try defendants for acts or omissions occurring outside Canada — Acts or omissions deemed to have occurred within Canada, provided that they constituted war crimes or crimes against humanity — Defendant charged under Canadian Criminal Code in respect of acts and omissions occurring outside Canada during World War Two — Whether those acts or omissions constituted war crimes or crimes against humanity under international law — Whether matter for judge or jury — The law of Canada

231Environment — Marine pollution — Ballasting — Charge against captain of foreign ship for failing to keep records — Whether ship in Canadian waters — Whether operation requiring entry in records occurred in Canadian waters — Whether Montreal harbour in Canadian waters — Jurisdiction of coastal State — Canada Shipping Act 1970, Section 755 — Oil Pollution Prevention Regulations 1971, Section 31(1)Jurisdiction — Extraterritorial — Marine pollution — Charge against captain of foreign ship for failing to keep records — Whether Crown must prove that operation requiring entry in records occurred in Canadian waters — Whether application of Canadian regulations to operations occurring on the high seas gives extraterritorial effect to legislation — Canada Shipping Act 1970, Section 755 — Oil Pollution Prevention Regulations 1971, Section 31(1) — The law of Canada