statement-of-marvin-e-frankel-before-the-committee-on-foreign-relations-us-senate-on-the-nomination-of-lefever-for-assistant-secretary-of-state-for-human-rights-may-19-1981-16-pp

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Secretary of State for the Home Department, ex parte Brind [1991] UKHL 4, House of Lords. The case considered whether the Secretary of State could restrict the editorial decisions of broadcasters as regards the way in which messages from spokespersons for proscribed organizations were broadcast. The United Kingdom was a signatory to the European Convention on Human Rights (ECHR) when the case was heard, but the case also predates the passage of the Human Rights Act 1998. There is discussion of the legal position of the ECHR under the common law in the United Kingdom, and the concept of proportionality in United Kingdom’s domestic jurisprudence. The document also includes supporting commentary from author Thomas Webb.

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R v Secretary of State for the Home Department, ex parte Simms [1999] UKHL 33, in the House of Lords

10.1093/he/9780191926440.003.0039 ◽

2021 ◽

Author(s):

Thomas E. Webb

Keyword(s):

Human Rights ◽

Public Law ◽

European Convention ◽

Secretary Of State ◽

Parliamentary Sovereignty ◽

House Of Lords ◽

Human Rights Act ◽

Human Rights Act 1998 ◽

Home Department ◽

The Relationship

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Secretary of State for the Home Department, ex parte Simms [1999] UKHL 33, House of Lords. The case considered whether the Secretary of State, and prison governors, could restrict prisoners’ access to journalists investigating alleged miscarriages of justice. In addition to the European Convention on Human Rights (ECHR) Article 10 issues this raises, Lord Hoffmann also in obiter dicta discussed the relationship between the Human Rights Act 1998, parliamentary sovereignty, and the concept of legality. The document also includes supporting commentary from author Thomas Webb.

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Human Rights in Chinese Foreign Relations

China and the World ◽

10.4324/9780429501708-10 ◽

2018 ◽

pp. 217-238

Author(s):

James D. Seymour

Keyword(s):

Human Rights ◽

Foreign Relations

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A (and others) v Secretary of State for the Home Department [2004] UKHL 56, House of Lords

Essential Cases: Public Law ◽

10.1093/he/9780191868306.003.0001 ◽

2019 ◽

Author(s):

Thomas E. Webb

Keyword(s):

Human Rights ◽

National Security ◽

Public Law ◽

Secretary Of State ◽

House Of Lords ◽

Human Rights Act ◽

Human Rights Act 1998 ◽

Home Department

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in A (and others) v Secretary of State for the Home Department [2004] UKHL 56, House of Lords. This case concerned the Human Rights Act 1998, the willingness of the courts to engage with national security matters and, by extension, considered how key constitutional principles should shape the courts’ approach. The document also includes supporting commentary from author Thomas Webb.

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5. Personality, statehood, and recognition

International Law Concentrate ◽

10.1093/he/9780198840978.003.0005 ◽

2019 ◽

pp. 58-71

Author(s):

Ilias Bantekas ◽

Efthymios Papastavridis

Keyword(s):

Human Rights ◽

Multinational Corporations ◽

International Organizations ◽

Foreign Relations ◽

Legal Personality ◽

Government Capacity ◽

State Actors ◽

Territory Government ◽

International Legal Personality

This chapter examines the meaning of international legal personality and the range of actors that possess such personality, namely States, international organizations, individuals, multinational corporations, and several other non-State actors. Given the centrality of States, the criteria for statehood are analysed, and both traditional and contemporary criteria are discussed. Article 1 of the 1933 Montevideo Convention is used for assessment of whether an entity satisfies these criteria which include: permanent population, a defined territory, government, capacity to enter into foreign relations, and the relevance of human rights. Competing theories regarding the role of recognition by third States as an element of statehood are also considered. Equally, the rights and duties of non-State actors are analysed in terms of capacity conferred upon them under international law.

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Part VI Human Rights and General International Law, Ch.33 Transnational Litigation: Jurisdiction and Immunities

The Oxford Handbook of International Human Rights Law ◽

10.1093/law/9780199640133.003.0034 ◽

2013 ◽

Author(s):

Keitner Chimène I

Keyword(s):

Human Rights ◽

International Law ◽

Foreign Relations ◽

Court Cases ◽

Human Rights Abuses ◽

National Courts ◽

State Actors ◽

Human Rights Norms

This article examines the issues of jurisdiction and immunities in transnational human rights litigation. It discusses the bases of asserting jurisdiction and highlights the problem in achieving consensus about the rules governing foreign official immunity. It analyses several relevant court cases including claims against foreign states, against current or former foreign officials and against non-state actors. This article argues that the horizontal enforcement of human rights norms by national courts carries the potential for both salutary and disruptive effects. It explains that while it can provide an avenue for victims of human rights abuses to obtain redress for their injuries, it can also interfere with the conduct of foreign relations with states that do not recognize the validity of national proceedings.

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A New Era in Ocean Policy

The International Journal of Marine and Coastal Law ◽

10.1163/157180897x00103 ◽

1997 ◽

Vol 12 (1) ◽

pp. 1-4

Author(s):

Claiborne Pell

Keyword(s):

Foreign Relations ◽

New Era ◽

Ocean Policy ◽

The Us ◽

Short Piece ◽

Us Senate ◽

Near Future

AbstractIn this short piece, Senator Pell, veteran of the US Senate Foreign Relations Committee, sets out the multiplicity of interests which would be protected if the US were to accede, in the near future, to the 1982 LOS Convention.

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