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The threat to our human rights: the repeal of the Human Rights Act 1998
Human rights were introduced into the United Kingdom law over two decades ago. They were, it was said, brought home. The Human Rights Act 1998 (HRA) created binding and justiciable human rights for everyone within the jurisdiction of the country. UK courts became the venues for arguments based on human rights for the very first time. The HRA gave effect within UK law to the Council of Europe's European Convention on Human Rights 1950 (ECHR). Human rights were brought home in the sense that British lawyers and politicians played an important part in developing and writing the ECHR.
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The forum bar to extradition in Scotland
Discusses Craig (James) v HM Advocate (HCJ Appeal), refusing an appeal by a UK resident, who was the subject of an extradition request by the US government, against a sheriff's decision to order his extradition, notwithstanding the illegality of the failure by the UK Government to bring the forum bar provisions under the Crime and Courts Act 2013 into force in Scotland.
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The contrasting evolution of the right to a fair trial in UK extradition law
In: International journal of human rights, Band 22, Heft 7, S. 869-887
ISSN: 1744-053X
Extradition between friends
With friends like these, who needs enemies is an epithet that appears to apply to the United Kingdom's extradition partners. Draconian sentencing policies, unjust plea bargaining, unlawful rendition, systemic judicial corruption, deficient medical treatment and inhumane prisons - all circumstances that have been argued in recent UK extradition cases. Political and media comment, referring to these arguments, has suggested the time is nigh to re-think the UK's extradition arrangements. This is simply wrong. The Extradition Act 2003 and the European Arrest Warrant address transnational criminality effectively and fairly in the vast majority of instances.
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The new crimes of bribery in Scotland
Introduction. The Bribery Act 2010, enacted in the wash-up prior to the dissolution of Parliament, will completely change in the Scots law on bribery. As discussed in The Crime of Bribery in Scotland 2009 SLT 1 by present author a number of criticisms have been directed at the previous law and practice on bribery. These relate to the opacity of the law itself and its apparent conflict with the United Kingdom's international obligations. In regard to the latter, the OECD stated in a report published in October 2008 that it was .disappointed and seriously concerned with the unsatifactory implementation of the Convention [on Combating Bribery of Foreign Public Officials in International Business Transactions] by the UK. The continued failure of the UK to address deficiencies in its laws on bribery of foreign public officials and on corporate liability for foreign bribery has hindered investigations. Both the objective deficiencies of the law on bribery and its putative non-conformity with international law are addressed by the Act.
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Greening trade and investment: environmental protection without protectionism by Eric Neumayer, 2001. Earthscan, 228 pp, ISBN 1‐85383‐788‐1
In: Corporate social responsibility and environmental management, Band 10, Heft 2, S. 111-112
ISSN: 1535-3966
War Crimes - a Comparative Opportunity
In: International relations: the journal of the David Davies Memorial Institute of International Studies, Band 13, Heft 3, S. 29-41
ISSN: 1741-2862
War Crimes -a Comparative Opportunity
In: International relations: the journal of the David Davies Memorial Institute of International Studies, Band 13, Heft 3, S. 29
ISSN: 0047-1178
Extradition Between the UK and Ireland after Brexit – Understanding the past and present to prepare for the future
The Republic of Ireland and the United Kingdom have a long, close and difficult history. The most recent phase of which dates from 1998 and the conclusion of the Good Friday Agreement. Since 1921, however, there has been unique practice between Ireland and the UK as regards the transfer of accused and convicted persons from one to the other. Indeed, there has been a special and close relationship between the two in that regard; albeit one not without difficulties. In recent times EU Justice and Home Affairs measures and the Good Friday Agreement have supplemented and strengthened the relationship. These include, since January 2004, the European Arrest Warrant (EAW). The EAW has been particularly important in streamlining the extradition process between the Ireland and the UK. This phase of history and co-operation is coming to an end. The UK's membership of the EU has now ceased, and a transition period during which the UK remains part of the EAW will end on 31st December 2020. The extradition relationship between the two is therefore facing a considerable challenge. There are several options open to Ireland, the UK and the EU as a replacement. Time, political will and the interests of third states, however, may well stand in the way of the conclusion of an agreement that optimally serves the interests of all parties and criminal justice. This paper considers the origins of extradition between the UK and Ireland and the alternative methods of extradition open to the UK and Ireland after Brexit. Consideration is given to the likely operation of a Norway-Iceland style agreement and whether such an agreement will be in place by the end of the transition and, if it was, whether its terms are likely to be sufficient for the needs of Ireland and the UK. The possibility of a bilateral arrangement on extradition between Ireland and the UK is also explored. Underlying the discussion is the critical point that the future extradition relationship must retain its 'special' characteristics, and therefore maintain the trust and good will that has developed over the years and given rise to an effective extradition relationship between the two countries. In other words, the lessons of history must be remembered. Table of ContentsIntroductionPart I - The Past, 1921 - 1998 The Context of Ireland-UK Extradition The Origins of the Process 1921 - 1965 Extradition Hindered 1965 - 1998 Part 2 – The Present, 1998 – 2020Peace and Prosperity as the European Union expands The European Arrest Warrant Brexit and the Northern Ireland problemPart 3 – The Future, 2021 - The EAW is not an optionAn EU-UK Multilateral Treaty on the horizon?Alternative models European Convention on Extradition 1957 – the default option Preparation for operation of the 1957 Convention Is a bilateral agreement between the UK and Ireland a possibility? Nordic Arrest Warrant – a way forward for Ireland and the UK?Conclusion
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Extradition between the UK and Ireland after Brexit: understanding the past and present to prepare for the future
The Republic of Ireland and the United Kingdom have a long, close and difficult history. The most recent phase of which dates from 1998 and the conclusion of the Good Friday Agreement. Since 1921, however, there has been unique practice between Ireland and the UK as regards the transfer of accused and convicted persons from one to the other. Indeed, there has been a special and close relationship between the two in that regard; albeit one not without difficulties. In recent times EU Justice and Home Affairs measures and the Good Friday Agreement have supplemented and strengthened the relationship. These include, since January 2004, the European Arrest Warrant (EAW). The EAW has been particularly important in streamlining the extradition process between the Ireland and the UK. This phase of history and co-operation is coming to an end. The UK's membership of the EU has now ceased, and a transition period during which the UK remains part of the EAW will end on 31st December 2020. The extradition relationship between the two is therefore facing a considerable challenge. There are several options open to Ireland, the UK and the EU as a replacement. Time, political will and the interests of third states, however, may well stand in the way of the conclusion of an agreement that optimally serves the interests of all parties and criminal justice. This paper considers the origins of extradition between the UK and Ireland and the alternative methods of extradition open to the UK and Ireland after Brexit. Consideration is given to the likely operation of a Norway-Iceland style agreement and whether such an agreement will be in place by the end of the transition and, if it was, whether its terms are likely to be sufficient for the needs of Ireland and the UK. The possibility of a bilateral arrangement on extradition between Ireland and the UK is also explored. Underlying the discussion is the critical point that the future extradition relationship must retain its 'special' characteristics, and therefore maintain the trust ...
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Human trafficking in Scotland: the legislative response
Human trafficking in Scotland has entered the realms of political rhetoric, governmental consciousness and academic debate. Following a summit on human trafficking in October 2012 in Edinburgh Justice Minister Kenny MacAskill said 'We want to send out the message that Scotland is closed for business to traffickers'. The Scottish Government notes on its website that 'Trafficking in human beings is an abhorrent evil practice which has no place in a civilised society'. The non-departmental Equalities and Human Rights Commission (EHRC) has published a thorough report on the subject, in November 2011, following its Inquiry into Human Trafficking in Scotland (EHRC Report 2011). The Report describes in considerable detail human trafficking in Scotland and set out ten findings with accompanying recommendations. A Follow-on Report was recently published, in March 2013. In it the progress made on the recommendations in the period since publication is adjudged. Academically, a body of work focusing on human trafficking in Scotland is beginning to emerge. Through this research a clearer picture of the insidious and complex nature of human trafficking is being demonstrated. There is no doubt that a serious problem exists and that governmental bodies and commentators have started to campaign and research in the area. A specific question arising, from a legal perspective, concerns the nature and adequacy of the legislative response.
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Police cooperation and exchange of information under the EU–UK Trade and Cooperation Agreement
Brexit has led to a realignment of police cooperation and information exchange between the EU and the UK. This has been affected by Titles II-V and IX of Part III of the Trade and Cooperation Agreement. The terms governing the exchange of DNA, fingerprint and vehicle registration data, the transfer and processing of passenger name record data, cooperation on operational information, membership of Europol and the exchange of criminal record information are henceforth governed by that instrument. This article describes the changes and comments upon how future EU-UK police cooperation may be impacted.
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The UK's exportation of asylum obligations to Rwanda: a challenge to mental health, ethics and the law
The United Kingdom government has made a concerted decision to ramp up its 'hostile environment' policy towards asylum seekers and refugees. The original policy took the form of 'a package of measures designed to make life so difficult for individuals without permission to remain in the UK that they will not seek to enter the UK to begin with or if already present will leave voluntarily'. The Nationality and Borders Act provides a new legislative framework for issues relating to nationality, asylum and immigration which makes asylum claims less likely to succeed and limits the rights available to many of those whose claims are successful. Critics of the policy have raised serious moral and ethical concerns relevant to both health and legal professionals. In addition, it appears that it will fail to deter those planning to make risky journeys to the UK for protection, as the government has argued in justification.
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Social work and human rights: a practice guide
The legislation and policy under which social workers practice is governed by human rights legislation. The Human Rights Act 1998 identified a number of protections including the right to liberty (Article 5) and the right to family life (Article 8). Social workers undertaking mental health assessments have to take into account Article 5 as do social workers applying Deprivation of Liberty Safeguards (DoLS). Social workers (and the courts) making decisions about the removal of children, or adoption, have to take into account Article 8. As this Practice Guide will demonstrate there are many other examples.
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