MM v. NA (Declaration of Marital Status: Unrecognized State)

2021 ◽  
Vol 191 ◽  
pp. 609-636
Keyword(s):  
United Kingdom ◽  
Marital Status ◽  
International Law ◽  
England And Wales ◽  
The United Kingdom ◽  
Municipal Law ◽  
The Law ◽  
The Government ◽  
Relationship Of

Recognition — States — Acts of an unrecognized State — Somaliland — Whether capable of recognition — Everyday acts of administration — Marriage — Namibia doctrine — Whether court in England entitled to grant declaration of marital status to couple married in Somaliland Relationship of international law and municipal law — Matters reserved to executive — Recognition — Principle that executive and courts should speak with one voice — Whether English courts entitled to recognize acts of a State not recognized by the Government of the United Kingdom — Marriage in unrecognized State States — Somaliland — Whether recognized — Consequences of non-recognition — The law of England and Wales

Regina (Al Rabbat) v. Westminster Magistrates’ Court

2021 ◽  
Vol 191 ◽  
pp. 600-608
Keyword(s):  
United Kingdom ◽  
Supreme Court ◽  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
International Criminal Law ◽  
England And Wales ◽  
Customary International Law ◽  
Municipal Law ◽  
Relationship Of

International criminal law — Aggression — Aggression existing as a crime under international law — Whether aggression a crime under laws of England and Wales — Whether good reasons for excluding crime of aggression from review of English courts Relationship of international law and municipal law — Customary international law — Whether part of English law — Crimes under customary international law — Whether crimes under customary international law constituting crimes under municipal law — Whether compelling reason for court to depart from decision in R v. Jones (Margaret) — Constitutional principles — Whether any prospect of United Kingdom Supreme Court overturning decision in R v. Jones (Margaret) — The law of England

scholarly journals Qualification of Concepts and its Problems in Cases with Foreign Element in Poland and the United Kingdom

2013 ◽  
Vol 32 (1) ◽  
pp. 67-74
Author(s):  
Katarzyna Bagan-Kurluta
Keyword(s):  
United Kingdom ◽  
International Law ◽  
Case Law ◽  
Functional Method ◽  
Internal Source ◽  
Private International Law ◽  
Uniform Approach ◽  
The United Kingdom ◽  
Foreign Law ◽  
The Law

Abstract Qualification is the basic instrument used in the process of application of the law. It is impossible to apply the law without conducting it. The main internal source of collision law in Poland, Act of private international law dated February 4th, 2011, does not specify how to carry on the process of the qualification, and doctrine is of the opinion that the Polish court applying foreign law should interpret the foreign concepts according to the rules of this law and give them such meanings as this law assigns to them. But also there are four doctrinal proposals concerning methods of qualification. The first one (with various modifications) is relatively popular in a number of countries, while the Polish doctrine has the greatest respect for the latter: 1) lex fori approach, 2) lex causae approach, 3) autonomous method and 4) functional method (or collision lex fori approach). The English judge applying the rules derived from his own internal law remembers about the function of private international law - and therefore takes into account the rules and institutions adopted in the foreign laws. That is application of lex fori approach modified because of the function of collision law, indeed reminiscent of a functional method. However, due to the lack of a uniform approach to qualification and identification of the only way to proceed by the doctrine and case law, it is permissible to move away from the use of this method. For instance it is possible to use the lex causae approach, if it leads to an equitable solution. Lack of regulation of qualification gives a person applying the law a freedom, but at the same time leads to uncertainty about the effects.

The Chilcot Report

2019 ◽  
pp. 273-288
Author(s):  
Stephen Bouwhuis
Keyword(s):  
Decision Making ◽  
United Kingdom ◽  
International Law ◽  
Legal Practice ◽  
Ethical Aspects ◽  
Legal Advice ◽  
The United Kingdom ◽  
General Relevance ◽  
The Government

The inquiry by the United Kingdom into its decision to intervene in Iraq is one of the longest running and most comprehensive examinations of government decision-making. In particular, the inquiry examined in detail the processes by which legal advice was provided to and formed a part of the decision by the Government of the United Kingdom to intervene in Iraq. Through this lens, the current chapter examines what the inquiry illustrates about the general relevance of international law to the decision to intervene in Iraq and more broadly what illustrates about the role of international law in decision-making more generally. In particular, the chapter pertains to the practical and ethical aspects providing international legal advice to government as well as the nature of government legal practice more generally.

Non-Contractual Obligations

2019 ◽  
pp. 244-277
Author(s):  
Adrian Briggs
Keyword(s):  
United Kingdom ◽  
International Law ◽  
Private International Law ◽  
Eu Law ◽  
Eu Legislation ◽  
The United Kingdom ◽  
The Law ◽  
Contractual Obligations

This chapter discusses the law on non-contractual obligations. On Exit Day, and unless any further legislative provision is made, the provisions of EU law set out in the Rome II Regulation, Regulation 864/2007, will be retained as the law of the United Kingdom. The adjustments necessary to allow the Rome II Regulation to operate as English private international law are made by the Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc) (EU Exit) Regulations 2019, SI 2019 No 834: these adjustments are of no substantial importance. It follows that it is possible to refer in this chapter to the Rome II Regulation without needing to draw attention to its status as EU legislation (as it was prior to Exit Day) or as retained EU legislation (as it is on and after Exit Day).

The Lex Fori

2019 ◽  
pp. 172-194
Author(s):  
Adrian Briggs
Keyword(s):  
Public Policy ◽  
United Kingdom ◽  
International Law ◽  
Private International Law ◽  
English Court ◽  
Conflict Of Laws ◽  
The United Kingdom ◽  
Foreign Law ◽  
The Law

This chapter examines of the role of the lex fori in English private international law before proceeding to examine the rules of the conflict of laws applicable in an English court. Issues for which the rules of the conflict of laws select the lex fori as the law to be applied include grounds for the dissolution (as distinct from nullity) of marriage, even if the marriage has little or nothing to do with the United Kingdom; or settlement of the distribution of assets in an insolvency even though there may be significant overseas elements. Where the rules of the conflict of laws select a foreign law, its application, even though it is proved to the satisfaction of the court, may be disrupted or derailed by a provision of the lex fori instead. The remainder of the chapter covers procedural issues; penal, revenue, and public laws; and public policy.

Anzus Pacific Security Pact

1954 ◽  
Vol 8 (3) ◽  
pp. 399-400
Keyword(s):  
United States ◽  
United Kingdom ◽  
New Zealand ◽  
The United States ◽  
The Philippines ◽  
The United Kingdom ◽  
The Pacific ◽  
The Government ◽  
Foreign Ministers ◽  
Relationship Of

The ANZUS Council held its second meeting in Washington, D.C., on September 9 and 10, 1953. While the first meeting of the Council had been devoted largely to organizational matters, the second meeting provided an opportunity for the foreign ministers of Australia, New Zealand and the United States to review the developments of the past year and to discuss common problems in the Pacific area. Prior to the opening of the meeting, there had been speculation in the press about the possibility of providing some form of associate membership in ANZUS for other countries — particularly the United Kingdom – and other international organizations. The United Kingdom was reportedly dissatisfied with its exclusion from the organization; Prime Minister Churchill had been quoted as telling the House of Commons on June 17 that he “did not like the Anzus Pact at all” and that he hoped that “perhaps larger and wider arrangements could be made which would be more satisfactory than those now in force”. According to the communique issued at the close of the meeting, however, the ministers “unanimously concluded … that to attempt to enlarge its membership would not contribute directly and materially” to the strengthening and defense of the ANZUS area. The communique pointed out that ANZUS was one of a number of arrangements for the furtherance of the security of the nations of the area; specifically the communique mentioned the mutual security pacts between the United States and the Philippines and Japan, United States defense understandings with the government of China on Formosa and the relationship of Australia and New Zealand with the other Commonwealth nations. Together, the communique noted, these arrangements ‘constitute … a solemn warning to any potential aggressor and represent the growing foundation for lasting peace in the Pacific”.

Sign in / Sign up

Export Citation Format

Share Document