Regina (Bancoult) v. Secretary of State for Foreign and Commonwealth Affairs (No 3)

2021 ◽  
Vol 192 ◽  
pp. 600-658

600Diplomatic relations — Diplomatic privileges and immunities — Inviolability of diplomatic correspondence and archives — Admissibility in courts of the receiving State of illegally obtained diplomatic documents — Document emanating from United States Embassy in United Kingdom — Document probably obtained unlawfully from United States electronic storage facilities in United States — Document already subject of public discussion — Whether United Kingdom court should treat as inadmissible — Vienna Convention on Diplomatic Relations, 1961, Articles 24 and 27Environment — Marine environment — Marine protected area (“MPA”) — Nature of MPA — Effect on rights of other States — Chagos Islands — Proclamation by United Kingdom of MPA around Islands — Rights of Mauritius — Fishing rights — Consultation exercise — Whether flawed because of failure to raise issue of fishing rightsHuman rights — Right of abode — Chagos Islands — Separation from Mauritius in 1965 — Removal of population — Policy of no resettlement on the Islands — Establishment of marine protected area — Whether actuated by desire to prevent resettlementTerritory — Colony — Dependency of colony — Separation of dependency from colony prior to independence of colony — Removal of population of dependency — The law of the United Kingdom

2021 ◽  
Vol 195 ◽  
pp. 662-702

662Diplomatic relations — Diplomatic correspondence — Exchange of Notes between United States Embassy and United Kingdom’s Foreign and Commonwealth Office — Express waiver of United States Embassy Administrative and Technical staff’s diplomatic immunity from criminal jurisdiction of United Kingdom, in relation to acts performed outside course of duties — Whether express waiver of criminal immunity applying to family members of United States Embassy Administrative and Technical staff — Vienna Convention on Diplomatic Relations, 1961 — Whether entitling family members of diplomatic staff to derivative set of privileges and immunities or conferring separate entitlements to inviolability and immunity — The law of England


Author(s):  
Denza Eileen

This chapter considers Article 21 of the Vienna Convention on Diplomatic Relations which deals with the assistance of the receiving State in giving accommodation to the members of the diplomatic mission of the sending State. The Article states that the receiving State shall either facilitate the acquisition of the premises necessary for its mission or assist members of the mission of the sending State in obtaining accommodation in some other way. Also, under the Article, the receiving State shall assist missions in obtaining suitable accommodation for their members where necessary. In essence, Article 21 ensures that diplomatic mission is not barred from acquiring premises adequate for its purposes in the receiving State. The chapter looks into domestic laws of sovereign States that also regulate the accommodation of foreign diplomats, such as the Foreign Missions Act enacted in the United States and the Diplomatic and Consular Premises Act 1987 in the United Kingdom.


2019 ◽  
Vol 180 ◽  
pp. 722-727

Diplomatic relations — Diplomatic agents — Immunity from jurisdiction — Vienna Convention on Diplomatic Relations, 1961 — Article 31(1)(c) — Action by domestic servant alleging that she had been trafficked and forced to work by former employers — Certification of diplomatic status of former employers — Whether diplomatic immunity continuing despite subsequent termination of diplomatic status — Whether commercial activity exception applicable to hiring of domestic servant — Whether subsequent attempts at service defective — Whether Court lacking jurisdiction — The law of the United States


Significance Russia on June 28 rejected as “lies” similar allegations by the United States, United Kingdom and France at the UN Security Council. The exchanges come against the backdrop of rising diplomatic tensions between Russia and France in CAR. Impacts Touadera’s ongoing offensive against rebel forces threatens to deliver a fatal blow to the peace deal he struck with them in 2019. Expanding Russian control over key mining sites could be a persistent source of frictions absent sophisticated local arrangements. Human rights concerns will deter some African leaders from engaging with Russia, but not all.


2020 ◽  
Vol 22 (3-4) ◽  
pp. 389-409
Author(s):  
Yoshifumi Tanaka

Abstract The aim of this article is to examine the implications of environmental norms for fishing by analysing the South China Sea and Chagos Marine Protected Area cases. In so doing, the article considers the link between the regulation of fishing and the protection of marine biological diversity. Specifically, three issues are to be examined: (1) the implications of Articles 192 and 194(5) of the UN Convention on the Law of the Sea for the regulation of environmentally harmful fishing, (2) the implications of Article 194 of the Convention for the fishing rights of a state, and (3) balance between environmental considerations and the fishing rights of a state. In this connection, the article argues that environmentally harmful fishing can be regarded as a key concept when considering the regulation of fishing from the viewpoints of marine environmental protection.


2020 ◽  
Vol 22 (3) ◽  
pp. 233-245
Author(s):  
Yasmine Dominguez-Whitehead ◽  
Felix Maringe

PurposeThis paper provides a cross-national analysis of PhD supervision models, milestones and examination procedures in order to compare PhD programs and their practices.Design/methodology/approachA comparative approach is employed, which systematically interrogates PhD supervision models, milestones and examination procedures in the United Kingdom, South Africa and the United States via a comprehensive review of the practices and literature.FindingsThe findings indicate the ramifications of the different approaches and highlight the benefits and drawbacks associated with the different models.Originality/valueBy making explicit the dominant supervision models, milestones and examination procedures that exist in the United Kingdom, South Africa and the United States, the authors shed light on the somewhat obscure path to earning a PhD degree.


Author(s):  
Denza Eileen

This chapter explores Article 11 of the Vienna Convention on Diplomatic Relations which deals with the appropriate size of the diplomatic mission. Before the mission, both of the sovereign States involved can agree on its size. If there is no prior agreement, then the receiving party may require the size to be reasonable and normal. The Article also states that the receiving State may refuse to accept officials of a particular category. The International Law Commission decided that a balance must be struck between the interests of the sending and the receiving State. The chapter then highlights the controversy that emerged due to the text used in the second paragraph that certain nations such as United States became unhappy with the phrase ‘that the receiving State may refuse to accept officials of a particular category’ even though the Commission stresses that it non-discriminatory and is used in the context of the first paragraph regarding the size of the mission.


2020 ◽  
Vol 12 (20) ◽  
pp. 8349
Author(s):  
Komalsingh Rambaree

Between the late 1960s and the early 1970s, the British government forcibly removed about 15,000 Chagossians from the Chagos Archipelago. Current legislation based on the declaration of the Chagos-Marine Protected Area (MPA) plays a crucial role in preventing the Chagossians from returning to their homeland. In this particular case study, the article aims to analyze discourses related to the establishment of the Chagos-MPA using an environmental justice framework, to consider the implications for international social work practice. Materials from court rulings, official government reports, and academic/journalist publications on the MPA, as well as from seven semi-structured interviews with key informants from three Chagossian communities based in Mauritius, Seychelles, and the United Kingdom were analyzed using ATLAS-ti 8.4 software. The main findings of the deductive critical discourse analysis are discussed concerning substantive, distributive, and procedural environmental justice for the Chagossian community (This term is used for referring different Chagossian communities from Mauritius, Seychelles, and the United Kingdom as a single homogenous group). This article calls for international social work interventions through transnational alliances between international organizations in challenging the socio-political forces that are having deleterious impacts upon the marginalized and disenfranchised populations and their biophysical environment.


Significance In the wake of the terrorist attacks in Paris, the political debate on law enforcement 'going dark' due to encryption has resurfaced again in the United States and United Kingdom. However, governments have yet to demonstrate evidence of a loss of security capability because of encryption. Impacts The 'going dark' debate may be being used to distract from security agencies' existing surveillance capabilities. The debate's outcome could have a severe negative effect on consumer trust in internet-based businesses. Businesses will see opportunities in relocation to jurisdictions with robust laws that do not weaken cryptographic systems.


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