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The potential exists for charges of war crimes and crimes against humanity against the perpetrators of the invasion of Iraq, namely, former Prime Minister Tony Blair and his entourage. The findings of the Chilcot Inquiry in 2016 do not rule out the International Criminal Court taking action, and this article argues that it is plausible for those leaders who took the UK to war to be prosecuted for breaching international human rights law and international humanitarian law. This is because, first, the UNSCR 1441 was not respected by the British government that gave UN inspectors more time to investigate if Iraq possessed weapons of mass destruction (WMD), and, second, there is a measure of personal responsibility for those who gave the order for the invasion that has led to catastrophic consequences both in terms of human casualties and material damage in its aftermath.

The first significant issue arising out of the COVID-19 pandemic for migrants who have been refused stay to come before the Administrative Court has been the question of the continued legality of immigration detention in the face of the risks and practical difficulties arising from the crisis. The pandemic raises two vital issues affecting the legality of immigration detention; on the one hand, that detainees may invite an increased risk of infection by reason of the "congregate" setting of detention centres, and on the other that removals in the short term will not be possible and that the probability of removal is uncertain even in the medium term. The issue is if the Home Office policy is "irrational and discriminatory" in its approach, which has led to inconsistencies in how the detention cases are handled. This paper enquires if the merit based judicial review can expedite the cases where administrative detention is concerned in circumstances of medical emergency. The argument here is that the Home Office should give full credence to the medical impact of detention to act in accordance with the Hardial Singh principles and by keeping in perspective the pandemic and the BMA reports of the unreasonableness of detention before deportation.

The Chinese state implemented a conscious transfer to a market economy after 1977 when the Four Modernisations were inaugurated and the new Constitution promulgated in 1982 raised the possibility for the separation of powers. The new framework introduced judicial review into the structure of the legal system that was to provide redress of grievances from mal administration. The transition to a new leadership in 2011 allowed the National Peoples Congress to enact administrative reforms, and further amendments to the Chinese Constitution in 2018 have promulgated the Judges Law. The judicial reforms promote the values of an independent judiciary and there is an effective machinery of justice which promotes judicial review. This paper argues that the centralisation of power by the Communist Party does not preclude the functioning of judicial administration that conforms to rule of law and an emerging trend of public interest litigation and participatory justice.

The liability of multinational entities that have caused greenhouse gas emissions through their extraction activities in the fossil fuel industry has pushed climate change on to the international agenda. Those corporations now face challenges from litigants who have initiated negligence or nuisance actions for breach of duty of care. Suits against individual corporations are now possible due to the development of attribution science that can register the extent of each liability. Litigants from third-world countries have to satisfy locus standi in bringing claims which is difficult to establish in some jurisdictions. For example, in Lliuya v. RWE, (Az. 2 O 285/15, OLG Hamm) 24/1/2017, a South American farmer brought a claim in Germany against RWE-AG, Germany's largest electricity producer, to challenge the effects of greenhouse gas emissions from its plant in Peru. This paper asks: Is it possible for foreign litigants to bring a private tort action against the defendant corporation that has allowed greenhouse gas emissions, in that corporation's domestic courts, and to surmount the obstacle of locus standi? It concludes that it is possible for litigants from developing countries to litigate effectively because the foreign courts' statutory protections, such as the doctrine of separation of powers or political rights doctrine can be overcome if climate litigation is viewed as a human rights matter. The prospects of success of litigants has increased by the impact of event attribution science that can quantify the extent of private actor liability in climate change.

AbstractThe search of legal precedence orstare decisishas always distinguished the lawyer who is in professional practice. The development of the internet has led to a greater dimension in this research and to an empirical approach to understanding the application of law. The academic lawyer has always needed access to the newest legislation and case law and the online search engines are of increasing relevance to accessing the virtual library. This is necessary to assimilate because of the impact of law and technology which is not just of relevance to find texts but also the process of artificial intelligence that is of utility in forms of inquiry. It includes portals that can be sourced online, Lexis and Westlaw which have available software packages that are available for lawyers. The issue is if the technology is moving at excessive speed or is the momentum of digital technology sustainable within the profession. This article argues that legal software provides the means for artificial intelligence in an increasingly specialist field and it is necessary for professionals to stay equipped with knowledge updates on computer terminals in order to enhance their research or lose out in the information supply chain.

La Directiva 2000/78/CE establece un marco general para la igualdad de trato en el empleo, y prohíbe diversas formas de discriminación directa o indirecta, incluyendo la religión y las creencias del trabajador. La "Equality Act 2010" (Ley de Igualdad de 2010) traspone estas normas al Reino Unido bajo la lógica del principio de igualdad de trato. Las reglas o códigos de vestimenta dirigido a un grupo religioso determinado, como la prohibición a las mujeres musulmanas de vestir hiyab es un caso de discriminación directa; una regulación neutra que se aplique por igual a toda la plantilla puede producir una discriminación indirecta en aquellas personas que quieran utilizar determinadas ropas o símbolos asociados a su confesión religiosa tanto como la prohibición directa de uso de dichas prendas. La clave de la ley británica, en la mayor parte de los casos, será la eventual existencia de un objetivo legítimo en el empresario y el análisis de la proporcionalidad, a la luz del art. 9 de la Convención Europea de Derechos Humanos. En la Ley Australiana, por su parte, se prohíbe la discriminación por motivos religiosos en un nivel institucional, y se reconoce la libertad de culto en la sección 116 de la constitución. La regulación es más flexible, porque no existe protección de las creencias religiosas en la legislación de igualdad que ampare un derecho a vestir hiyab en el centro de trabajo. Ambas jurisdicciones tienen políticas socioeconómicas y organizativas en materia de gestión de la diversidad informadas por un marco multinivel que contribuye a la integración en el ámbito laboral de individuos y organizaciones. Este trabajo plantea una aproximación comparativa entre los dos sistemas de common law, en el que Reino Unido sigue un esquema de multinationalidad basado en la Ley de Igualdad y la Convención Europea de Derechos Humanos y Australia acepta la legislación federal y estatal, que tienen competencias concurrentes en materia legislativa. ; The Directive 2000/78/EU establishes a general framework for equal treatment in employment law and prohibits direct and indirect discrimination on several grounds, including religion or belief. The Equality Act 2010 implements this provision in the UK on the principle of equal treatment, and a rule or dress code that targets a specific religious group, such as a ban on Muslim women wearing hijab would be direct discrimination. A more neutral dress code which applies equally to all employees may have an indirectly discriminatory effect on those who wish to wear religious clothing or symbols at work such as a general ban on wearing religious clothing. The central issue in English law in most cases will be justification and whether the employer had a legitimate aim and if the ban was proportionate under Article 9 of the European Convention of Human Rights (ECHR). In Australian law there is a policy that bans religious discrimination on an institutional level and there is a free exercise clause under section 116 of the constitution. There is a more flexible policy because is no protection of religious belief in the equality legislation towards the hijab as a right of the employee in the workplace. Both jurisdictions have socio-economic as well as organisational policies on diversity management informed by a multilevel framework that contributes to integrating the individuals and organisations in the workplace. This paper adopts a comparative approach between the two common law systems where the UK follows a multinational framework based on the Equality Act and the ECHR case law and the Australian accept the federal and state law which have concurrent jurisdictions in the legal framework.

The Scheduled Castes/"Dalits" represent the "untouchables" in India's constitutional framework and are traditionally outside the four-tiered rung of the Hindu religion. The notion of "superiority, pollution and separateness" is ingrained in the stratification of caste and the victim complex is subsumed in the unwritten public code. Despite the safeguards in the constitution and affirmative legislation they still suffer from institutional discrimination and structural violence inherent in the caste system. It takes the form of hierarchy which is an intrinsic part of the Hindu faith and the Dalits are employed in occupations such as human scavenging. The prevalence of caste discrimination in the rural areas of India makes for any affirmative legislation to be ineffective for the majority of the population. The issue has been magnified in recent times by the ascension of Bharatiya Janata Party (BJP) into power which has retrenched Hindutva, with the consequence that Dalits who convert from Hinduism to Islam or Christianity have to forfeit access to welfare benefits. This paper analyses the cause of the institutional discrimination that criminalizes the Dalit communities and the lack of impact of the legal protections afforded to them. It will argue that the victimization of the "untouchables" will continue because of the rigid caste structure, lack of enforcement of legal protection in villages, economic privilege and the resort to ideology of the current government.

In December 2018, the Minister of State for Disabled People, Health and Work revealed to Parliament that only 140,000 Personal Independence Payment (PIP) cases had been officially reviewed and cleared for the given year. Disclosure of this meagre number (at the time less than 10 per cent of all applications) was preceded by a decision of the High Court (RF v Secretary of State [2017] EWHC 3375) which found that regulations that came into force last year were "blatantly discriminatory" to people who were suffering from mental health problems.The issue that it brings to the surface is that this is an integrated benefit where the mental health component and the mobility component are overlapping. This has been revealed by the "psychological distress" suffered as a consequence of a lack of mobility of the claimant who has been awarded the benefit. This paper enquires if the PIP is a social security provision that has been injudiciously implemented without sufficient consultation given its anomalies, and it argues for the need for clarity and the application of a set criteria for evaluation. There is also a basis to argue that it should be deemed as an integral mobility and mental health-based benefit with greater regard for the claimant's existing welfare provisions rather than a subjective reliance on the assessor's report.Keywords: Personal Independence Payment; PIP; mental health; discrimination; mobility; psychological distress, Article 14, paragraph 2.4, descriptor 3 (b) (2).

Competition law is structured with the objective of attaining consumer welfare maximization and the efficiency of the market. This is to achieve a perfectly competitive market with concentrations on price, quality, and innovation of products and services. The legislative practice of the EU is aimed at harmonization and it can be compared to the US, which was the first country to establish the 'effects doctrine' involving foreign companies. The benefits and problems of extraterritorial assertion of jurisdiction on merger cases needs to be demonstrated in a global market because the mergers extend the anti-competitive effects to other parts of the world, externally from where they originate. This article will identify the advantages and disadvantages of extraterritorial jurisdiction on merger control, and the convergence of US and EU approaches with the intention of setting out a framework to decrease the legal conflicts between antitrust regimes in order to avoid the costs of multiple notifications.

The military conflict within India's borders whose origins are in the marginalisation of tribal peoples involves the government forces and the Naxalite rebels. This conflict has become more intense in the last decade with land being acquired to enable corporations to mine resources and the lack of redress for the Adivasi, who are the indigenous people who inhabit these territories. The alienation of the rural communities and tribes from the north eastern states, which are located on the 'red corridor' is because the government has failed to implement protection for Scheduled Tribes who carry a protected status in the Indian constitution. The Naxalite movement has launched a violent struggle which has led to an emergency declared under Article 355, and there has been an incremental increase in the rate of fatalities. The failure of public interest litigation and the enforcement of the Armed Forces Special Power Act (afsa) means that the domestic remedies for empowerment are not successful. The breach of human rights has to be assessed against the insurgency of the Naxalite guerillas and the Geneva Conventions that are applicable under the Non International Armed Conflict (niac). This paper will assess the rural origins of the conflict, environmental damage and the litigation by the Adivasi communities before addressing the rules under which the protections are available in the international humanitarian law. This will argue for the strict implementation of the Geneva Conventions and for niac to be liable for intervention as an International Armed Conflict (iac).

There has been historical abuse of Native American children in the U.S. which began in the late 19th century in what is known as the residential school movement. It led to their forced integration on pain of removing and eradicating traces of their Indian heritage. The lack of protection for Indigenous children in being transferred from the reservations to non- Indian foster parents caused the U.S. Congress to use their legislative power and enact the Indian Child Welfare Act of 1978 [ICWA]. This has intervened in a process that is aimed at keeping Native American children within the tribe of their parents over the last 35 years. The result of the ICWA is that it has led to the greater supervision by tribal courts over children but it has caused a conflict to arise with the state courts due to jurisdictional reasons that allows guardianship and supervision to non-Indian parents. The Arizona Court of Appeals has recently ruled in Navajo Nation v. Arizona Department of Economic Security (2012) CA-JV 11-0123 that an Indian child can stay with his non-Native foster parents despite the protests of the tribe that it was infringing the provisions of the statute. This article is intended for the practitioner and policy makers and brings to the fore the issues of the preservation of children on reservation lands, and the need for a greater care consideration in the determination if they should be transferred to foster parents outside the tribe's jurisdiction. It also conducts a comparison with Canada where First Nations children have also suffered abuse andwhere there is an ongoing debate about the course of action to prevent the appropriation of children from the reserves to live with the non-Native foster parents.