Diplomatic Asylum and the Assange Case

2013 ◽  
Vol 26 (2) ◽  
pp. 399-425 ◽  
Author(s):  
MAARTEN DEN HEIJER
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
International Law ◽  
Close Connection ◽  
Current Status ◽  
Human Rights Law ◽  
Unsatisfactory Result ◽  
The United Kingdom ◽  
Legal Relationship ◽  
Territorial Sovereignty

AbstractThis article traces the place and development of diplomatic asylum in international law in close connection with the more specific questions raised by the case of Julian Assange, who was granted asylum in the Ecuador embassy in London on 16 August 2012. After discussing the historical rise and decline of diplomatic asylum, the article reviews the current status of diplomatic asylum in international law and its implications for the triangular legal relationship between the United Kingdom, Ecuador, and Mr Assange. The article submits that, although there would not seem to be a title in general international law or human rights law for Ecuador to grant asylum to Assange, there is no obvious legal route for the United Kingdom to terminate the asylum. The fate of Assange resembles that of a long series of historical precedents where diplomatic asylum resulted in protracted stays. Although this may seem an unsatisfactory result from the perspective of international law, the uneasy balance between territorial sovereignty and diplomatic inviolability also engenders incentives to avoid disputes or to resolve them through diplomatic channels.

The Impact of Article 6(1) of the Echr on Private International Law

2007 ◽  
Vol 56 (1) ◽  
pp. 1-48 ◽  
Author(s):  
JJ Fawcett
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
International Law ◽  
European Convention ◽  
Private International Law ◽  
Human Rights Law ◽  
New Approach ◽  
The United Kingdom ◽  
Increasing Trend ◽  
The Impact

AbstractAn increasing trend in private international law cases decided by courts in the United Kingdom has been to refer to the European Convention on Human Rights and, in particular, to Article 6. This article will examine the impact of this provision on private international law. The article will go on to examine why the impact has been so limited and will put forward a new approach that takes human rights more seriously, using human rights law to identify problems and the flexibility inherent in private international law concepts to solve them.

scholarly journals ABORTION IN NORTHERN IRELAND AND THE EUROPEAN CONVENTION ON HUMAN RIGHTS: REFLECTIONS FROM THE UK SUPREME COURT

2019 ◽  
Vol 68 (2) ◽  
pp. 477-494
Author(s):  
Bríd Ní Ghráinne ◽  
Aisling McMahon
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Northern Ireland ◽  
Supreme Court ◽  
International Law ◽  
European Convention ◽  
The United Kingdom ◽  
The Supreme Court ◽  
Uk Supreme Court ◽  
The Uk

AbstractOn 7 June 2018, the Supreme Court of the United Kingdom (UKSCt) issued its decision on, inter alia, whether Northern Ireland's near-total abortion ban was compatible with the European Convention of Human Rights (ECHR). This article critically assesses the UKSC's treatment of international law in this case. It argues that the UKSCt was justified in finding that Northern Ireland's ban on abortion in cases of rape, incest, and FFA was a violation of Article 8, but that the majority erred in its assessment of Article 3 ECHR and of the relevance of international law more generally.

scholarly journals Assessing the responsibilities of the United Kingdom and Mauritius towards the Chagossians under international law

Afrika Focus ◽  
2016 ◽  
Vol 29 (2) ◽  
pp. 39-57
Author(s):  
Darsheenee Raumnauth ◽  
Roopanand Mahadew
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
International Law ◽  
Legal Framework ◽  
Essential Condition ◽  
The Past ◽  
The United Kingdom ◽  
History Of ◽  
British Colonial ◽  
Colonial Master

This article reviews the obligations under international law of the United Kingdom and Mauritius towards the Chagossians. With the detachment of Chagos from Mauritius as an essential condition for the independence of Mauritius from the British colonial master, the Chagossians have, over the past four decades, endured enormous human rights violations . This article assesses the responsibility of the two states vis-à-vis the Chagossians. A comprehensive factual account is first presented to clarify understanding of the history of Chagos. The legal framework is then analysed to assess the responsibility of each state, before a number of recommendations are made.

scholarly journals Assessing the responsibilities of the United Kingdom and Mauritius towards the Chagossians under international law

Afrika Focus ◽  
2016 ◽  
Vol 29 (2) ◽  
Author(s):  
Darsheenee Raumnauth ◽  
Roopanand Mahadew
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
International Law ◽  
Legal Framework ◽  
Essential Condition ◽  
The Past ◽  
The United Kingdom ◽  
History Of ◽  
British Colonial ◽  
Colonial Master

This article reviews the obligations under international law of the United Kingdom and Mauritius towards the Chagossians. With the detachment of Chagos from Mauritius as an essential condition for the independence of Mauritius from the British colonial master, the Chagossians have, over the past four decades, endured enormous human rights violations. This article assesses the responsibility of the two states vis-à-vis the Chagossians. A comprehensive factual account is rst presented to clarify understanding of the history of Chagos. The legal framework is then analysed to assess the responsibility of each state, before a number of recommendations are made. Key words: Chagos, Mauritius, United Kingdom, British Indian Ocean territories 

The ‘Common European Approach', ‘International Trends', and the Evolution of Human Rights Law. A Comment on Goodwin and I v. the United Kingdom

2002 ◽  
Vol 3 (8) ◽  
Author(s):  
Alexander Morawa
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Human Rights Law ◽  
European Approach ◽  
The United Kingdom ◽  
International Trends ◽  
European Court ◽  
Opposite Sex ◽  
Grand Chamber ◽  
Male To Female

On 11 July 2002, the Grand Chamber of the European Court of Human Rights (Eur. Ct. H.R.) ruled unanimously in the cases of Goodwin and I v. the United Kingdom that the failure of British law to recognize gender re-assignment and to permit male to female transsexuals to marry persons of their newly opposite sex violated the applicants’ right to privacy (Article 8 ECHR) and to marry (Article 12). These two cases, apart from constituting an explicit deviation from previous constant jurisprudence, gave the Court (sitting as a Grand Chamber) an opportunity to creatively apply its longstanding interpretative principles, including the search for a ‘common European approach’ – now increasingly an ‘international trend’ –, in order to evolve human rights law. The following observations will focus on this aspect, while paying due attention to the other implications of the present cases. Finally, the two cases will be placed in the context of the current jurisprudence of the Court which, unfortunately, does not show a consistent tendency to progressively advance human rights law.

scholarly journals THE BRITISH BANK NATIONALIZATIONS: AN INTERNATIONAL LAW PERSPECTIVE

2009 ◽  
Vol 58 (1) ◽  
pp. 119-149 ◽  
Author(s):  
N Jansen Calamita
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
International Law ◽  
Market Value ◽  
European Convention ◽  
Bilateral Investment Treaties ◽  
British Government ◽  
Compensation Scheme ◽  
Foreign Investors ◽  
The United Kingdom

AbstractThe British Government's nationalization of the shares of Northern Rock plc and Bradford & Bingley plc in 2008 raises important issues about the standard of protection owed to the banks' non-UK investors and the manner in which compensation should be calculated. The United Kingdom is party to numerous bilateral investment treaties as well as the European Convention on Human Rights, which adopt an international standard of protection for foreign investors and require the payment of ‘market value’ compensation for the property taken. As the analysis in this article shows, the compensation scheme established by the British Government appears to fall short of these obligations.

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