Worse Than Irrelevant? British Nuclear Weapons in the 21St Century 1
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Environmental Crime: Wildlife Crime
House of Commons Environmental Audit Committee Environmental Crime: Wildlife Crime Twelfth Report of Session 2003–04 Report, together with formal minutes, oral and written evidence Ordered by The House of Commons to be printed Wednesday 15 September 2004 HC 605 Published on Thursday 7 October 2004 by authority of the House of Commons London: The Stationery Office Limited £22.00 The Environmental Audit Committee The Environmental Audit Committee is appointed by the House of Commons to consider to what extent the policies and programmes of government departments and non-departmental public bodies contribute to environmental protection and sustainable development; to audit their performance against such targets as may be set for them by Her Majesty’s Ministers; and to report thereon to the House. Current membership Mr Peter Ainsworth MP (Conservative, East Surrey) (Chairman) Mr Gregory Barker MP (Conservative, Bexhill and Battle) Mr Harold Best MP (Labour, Leeds North West) Mr Colin Challen MP (Labour, Morley and Rothwell) Mr David Chaytor MP (Labour, Bury North) Mrs Helen Clark MP (Labour, Peterborough) Sue Doughty MP (Liberal Democrat, Guildford) Mr Paul Flynn MP (Labour, Newport West) Mr Mark Francois MP (Conservative, Rayleigh) Mr John Horam MP (Conservative, Orpington) Mr John McWilliam MP (Labour, Blaydon) Mr Elliot Morley MP (Labour, Scunthorpe) Mr Malcolm Savidge MP (Labour, Aberdeen North) Mr Simon Thomas MP (Plaid Cymru, Ceredigion) Joan Walley MP (Labour, Stoke-on-Trent North) David Wright MP (Labour, Telford) Powers The constitution and powers are set out in House of Commons Standing Orders, principally Standing Order No. 152A. These are available on the Internet via www.parliament.uk. -
Legality of the Use of Force Against Iraq International Law and the War with Iraq
FEATURE — LEGALITY OF THE USE OF FORCE AGAINST IRAQ INTERNATIONAL LAW AND THE WAR WITH IRAQ International Law and the War with Iraq ALEX J BELLAMY* [The United States-led invasion of Iraq prompted a widespread debate about the legitimacy and legality of the use of force without explicit United Nations authorisation. Some argued that the invasion enjoyed the implied authorisation of the Security Council, suggesting that Resolution 678, a remnant of the first Gulf War, continued to authorise the use of force to ensure Iraqi compliance with the Gulf War cease-fire. The US government further argued that Iraq posed an imminent threat to its neighbours, to the US and to international peace and security. On this basis, the US asserted a right to pre-emptive self-defence. This article evaluates these legal claims in depth. It exploring the background to the war, and asks whether or not the Security Council did implicitly authorise the war. Having assessed the statements of Security Council members, it suggests that the resolutions passed at the time of the first Gulf War were not intended to authorise subsequent uses of force. Nor, it is argued, did Resolution 1441, passed in November 2002, provide implicit authorisation for the use of force. Given the substance of the reports of Hans Blix, Executive Chairman of the UN Monitoring, Verification and Inspection Commission, and the subsequent failure to discover weapons of mass destruction in Iraq, the self-defence argument is also untenable. Indeed, to accept either of the legal justifications proposed -
THE BRITISH INSTITUTE of INTERNATIONAL and COMPARATIVE LAW Charles Clore House, 17 Russell Square, London WC1B 5JP
THE BRITISH INSTITUTE OF INTERNATIONAL AND COMPARATIVE LAW Charles Clore House, 17 Russell Square, London WC1B 5JP Tel: (+44)(0)20 7862 5151 E-mail: [email protected] Fax: (+44)(0)20 7862 5152 No. 2 www.biicl.org APRIL 2004 NEWSLETTER Development Appeal: £2 million target reached in donations and pledges Due to the hard work of the Development Appeal Committee, chaired by Lord Goff of Chieveley, the generosity of individuals and trusts and the willingness of companies and firms to become more actively involved in the Institute on an ongoing basis, we are pleased to announce that our initial target of raising £2 million has been achieved. Through the activities of the Appeal we have been able to establish a number of new activities. Last year saw the launch of both the Competition Law Forum and the Data Protection Research and Policy Group, and the establishment of the Company Law Centre. The Dorset Fellow in Public International Law is funded for five years. Our successes have encouraged us that there is strong support for the Institute both within the profession and beyond. It is evident that there is much that the Institute could achieve, given the funds and opportunity to do so. It is to this end that the Institute has established a Development Board to continue to look at ways in which the Institute can increase its activity and develop its role as the leading institute for international and comparative law. The Development Appeal and Development Board aim is to increase the funding of ongoing activities of the Institute. -
Runnymede Trust Conference: What Magna Carta and the Race
RUNNYMEDE TRUST CONFERENCE WHAT MAGNA CARTA AND THE RACE RELATIONS ACT MEAN TO US TODAY SIR RABINDER SINGH 29 JULY 2015 1. I am honoured to have been invited to address you today. The Runnymede Trust is the leading organisation in this country dedicated to the promotion of racial equality. When it was founded in 1968 by Jim Rose and Anthony Lester it took its name from the meadow by the Thames where the first Magna Carta was sealed in 1215. I am particularly pleased that, among the understandable and widespread commemorations of the 800th anniversary of Magna Carta, the opportunity has not been lost also to remember that this is the 50th Anniversary of the first Race Relations Act in this country. 2. At first sight it is not obvious that there is any link between the two. It is well- known that Magna Carta was sealed as part of a power struggle between King John and the Barons. They would hardly have been interested in creating an equal society. Furthermore, many of the references in Magna Carta itself are based on distinctions between people depending on their status: the reference to “all free men” clearly excluded those who were villeins. The institution of 1 serfdom was very much alive at that time. And there were provisions in the 1215 version of Magna Carta which on their face discriminated against Jews. 3. Lord Sumption, who is not only a Justice of the Supreme Court but a distinguished historian, has described the sentiments which often surround Magna Carta as “high minded tosh.”1 Although it is undoubtedly correct to question whether many of the modern readings of Magna Carta have any basis in historical fact, it is also important to recall that the mythology surrounding such documents can itself have continuing impact on a society. -
Black Letter Law 2006
Black Letter Law The presence of black and ethnic minorities in the legal profession A CRE/BLD publication for Black History Month Introductions Contents The idea to do this booklet came from Debo Nwauzu, Director of the Black Legal history 11 Rabinder Singh QC Lawyers Directory (BLD). The Commission for Racial Equality (CRE) 2 Ganendra Mohan Tagore 11 District Judge Ray Singh agreed to undertake this project thinking that it would be fairly simple to 2 Alexander Kennedy 12 Keith Vaz MP get the information from the Law Society and the Bar Council and put it all 2 Thomas Morris Chester 12 Thelma Stober together. But this has not been very easy. We approached the Law Society 3 Aviet Agabeg 13 Shami Chakrabarti and the Bar Council for their assistance in researching their records - they 3 Christian Frederick Cole 14 Courtenay Griffiths QC have been very helpful in making extensive enquiries - however, neither 3 Mahatma Ghandi 14 Anesta Weekes QC organisation had much information that was relevant. 4 Muhammad Jinnah 15 Sadiq Khan MP This lack of information is significant and reflects that until fairly 4 Jawaharlal Nehru 16 District Judge Shamim recently these organisations did not collect monitoring data on their 5 Cornelia Sorabji Qureshi members. This problem also illustrates how important it is to undertake 16 David Lammy MP monitoring. Legal history in the making 17 Icah Peart QC This is a work in progress. We hope to build on this publication in future 6 Nelson Mandela 17 Trevor Faure years so that there is a more detailed chronicle of black and minority ethnic 6 Dr John Roberts QC 17 Gifty Edila (BME) individuals in the legal profession who are or were in the vanguard 7 Baroness Patricia Scotland 18 Chris Boothman of the struggle to make the profession more diverse and representative. -
1 ETHEL BENJAMIN COMMEMORATIVE ADDRESS 2010 DIGNITY Rt Hon Baroness Hale of Richmond Justice of the Supreme Court of the United
ETHEL BENJAMIN COMMEMORATIVE ADDRESS 2010 DIGNITY Rt Hon Baroness Hale of Richmond Justice of the Supreme Court of the United Kingdom It is a great delight to be back in New Zealand. I have fond memories of our first trip here in 1993, the centenary of your pioneering decision to give women the vote. I picked up a facsimile copy of a small poster from 1893 headed “Notice to Epicene Women”. It advised electioneering women that they were not wanted at that address and should get back to looking after their homes and their husbands. When I joined the Court of Appeal in England I put it up on the door of my chambers – mainly as a joke, but also to catch people’s eyes, and make them wonder where and when such sentiments could have been uttered. Hopefully, although I was the only woman on the court then, my colleagues would recognise that such things could never be said today. But I miscalculated. One day the poster disappeared. A colleague had taken it down. He was not so sure who had put it there or whether it was a joke. So it is even more of a delight to be back here celebrating the memory of Ethel Benjamin. If New Zealand deserves great credit for giving women the vote, long before anyone else in the English speaking world, it deserves at least as much credit for giving women the right to practise law, if not so far ahead of the rest of the English speaking world, then at least long before “the mother country” and with much less fuss and bother than anywhere else. -
British Iraq War Legality
Regina (Gentle and Another) v. Prime Minister and Others Appeal to the United Kingdom House of Lords [Legality of Iraq War Case] 2008 U.K.H.L. Rep. 20, 2 World Law Rep. 879, 2008 WestLaw 833633 (April 9, 2008) Author’s Note: This suit did not seek money damages. The plaintiffs are parents of soldiers who were killed in the Iraq War. They alleged that the Article 2 “Right to Life” provision of the European Convention on Human Rights was an appropriate basis for a judicial assessment of the legality of the Iraq War. Per the House of Lords (final possible appeal venue) practice, each of the selected judges provides his/her views on the issue presented. Portions of overlapping analyses have been deleted. Bracketed inserts have been added at the beginning of each opinion, as a signpost for the gist of each opinion. The paragraph numbers are those of the House of Lords. The original British spelling has been retained. The term “[E.C.H.R.]” refers to European Convention on Human Rights. Court’s Opinion: APPEAL from the Court of Appeal . LORD BINGHAM OF CORNHILL [facts and legal provisions] 1 My Lords. The claimants are the mothers of two young men, both aged 19, who lost their lives while serving in the British army in Iraq. Fusilier Gordon Campbell Gentle … was killed by a roadside bomb on 28 June 2004. Trooper David Jeffrey Clarke … was killed by “friendly fire” on 25 March 2003. These deaths have been fully investigated at duly-constituted inquests conducted in the United Kingdom, and there are no outstanding questions about when, where and in what circumstances they respectively died. -
Devolution of Power in England, Scotland and Wales
Devolution of Power in England, Scotland and Wales Executive Council Statement to the 2003 Annual Delegate Meeting ContentsContents Introduction Page 2 Background Page 3 Voting for Devolution Page 4 The Scottish and Welsh General Elections Page 7 Usdaw’s General Election Campaign Page 10 Labour’s Policies for Scotland Page 12 Labour’s Policies for Wales Page 13 Campaigning after the Scottish and Welsh General Elections Page 14 English Regional Devolution Page 19 Your Region, Your Choice: The Regional Assemblies (Preparations) Bill Page 20 Conclusion Page 23 Appendices Page 24 G Usdaw’s Political Co-ordinators Page 24 G Application Form to Join the Labour Party Page 25 G Application for Constituency Labour Party Affiliation Fees Page 26 1 Devolution of Power in England, Scotland and Wales IntroductionIntroduction When the Labour Party promised the offer of devolved government to Scotland and Wales in the 1997 manifesto, no one would have guessed that within six months referenda would have been won in both countries and the Scottish Parliament and Welsh Assembly set up and elected 18 months later. But devolution to Scotland and Wales has been delivered and the Scottish Parliament and Welsh Assembly are already making a difference to our members’ lives. The elections in Scotland and Wales on 1 May 2003 will mark another milestone when the Parliament and Assembly are elected for another term in office. But those elections will be very important ones. The people of Scotland and Wales have the power to decide whether they want the Parliament and Assembly to continue to concentrate on improving public services and the way of life, or do they want them to focus on fighting for more power to be devolved? This paper sets out the choices for our members: the powers of the Scottish Parliament and Welsh Assembly, the difference that they can make for our members and the ways we can use these powerful devolved institutions to fight for the issues that matter to us. -
Justice Journal
JUSTICE JOURNAL The JUSTICE Journal aims to promote debate on topical issues relating to human rights and the rule of law. It focuses on JUSTICE’s core areas of expertise and concern: • human rights • criminal justice • equality • EU justice and home affairs • the rule of law • access to justice www.justice.org.uk JUSTICE – advancing justice, human rights and the rule of law JUSTICE is an independent law reform and human rights organisation. It works largely through policy- orientated research; interventions in court proceedings; education and training; briefings, lobbying and policy advice. It is the British section of the International Commission of Jurists (ICJ). The JUSTICE Journal editorial advisory board: Philip Havers QC, One Crown Office Row Barbara Hewson, Hardwicke Civil Professor Carol Harlow, London School of Economics Anthony Edwards, TV Edwards JUSTICE, 59 Carter Lane, London EC4V 5AQ Tel: +44 (0)20 7329 5100 Fax: +44 (0)20 7329 5055 E-mail: [email protected] www.justice.org.uk © JUSTICE 2008 ISSN 1743-2472 Designed by Adkins Design Printed by Hobbs the Printers Ltd, Southampton Contents JUSTICE Journal Contents Editorial People, participation and process 4 Roger Smith Papers Towards a bill of rights and responsibility 8 The Rt Hon Jack Straw MP The law and faith lecture series organised by the London School of Economics and Political Science law department with JUSTICE God in public? Reflections on faith and society 17 The Bishop of Durham, Dr N T Wright, with a comment by Rabinder Singh QC Is Islamic law ethical? 37 -
A, K, M, Q & G HM Treasury
Neutral Citation Number: [2008] EWHC 869 (Admin) Case No: PTA 13, 14, 15, 17 & 19/2007 IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION ADMINISTRATIVE COURT Royal Courts of Justice Strand, London, WC2A 2LL Date: 24 April 2008 Before: Mr Justice Collins Between: A, K, M, Q & G Applicants - and - H.M. Treasury Respondent Mr Tim Owen, Q.C. & Mr Dan Squires (instructed by Birnberg Peirce) for the Applicants, A, K & M & (instructed by Public Law Solicitors) for the Applicant Q Mr Rabinder Singh, Q.C. & Mr Richard Hermer (instructed by Tuckers) for the Applicant G Mr Jonathan Crow, Q.C. & Mr Andrew O’Connor (instructed by the Treasury Solicitor) for the Respondent Hearing dates: 8 & 9 April 2008 Judgment Approved by the court for handing down (subject to editorial corrections) Judgment Approved by the court for handing down A,K, M, Q & G and H.M. Treasury (subject to editorial corrections) Mr Justice COLLINS : 1. All five applicants have been subjected to freezing orders over their assets in accordance with the Terrorism ( United Nations Measures) Order 2006 (2006 No.2657) (the TO). In G’s case, there is also an order against him by virtue of the Al-Qaida and Taliban (United Nations Measures) Order 2006 (2006 No. 2952) (the AQO). Each order contains a provision (Article 5(4)) whereby ;- “The High Court … may set aside a direction on the application of – (a) the person identified in the direction, or (b) any other person affected by the direction.” The applications before me are made under those Articles. -
Learning the Sustainability Lesson
House of Commons Environmental Audit Committee Learning the Sustainability Lesson Tenth Report of Session 2002–03 Volume I 472-I House of Commons Environmental Audit Committee Learning the Sustainability Lesson Tenth Report of Session 2002-03 Volume I Report, together with formal minutes Ordered by The House of Commons to be printed 16th July 2003 472-I Published on Thursday 31 July 2003 by authority of the House of Commons London: The Stationery Office Limited £0.00 The Environmental Audit Committee The Environmental Audit Committee is appointed by the House of Commons to consider to what extent the policies and programmes of government departments and non-departmental public bodies contribute to environmental protection and sustainable development; to audit their performance against such targets as may be set for them by Her Majesty’s Ministers; and to report thereon to the House. Current membership Mr Peter Ainsworth MP (Conservative, East Surrey) (Chairman) Mr Gregory Barker MP (Conservative, Bexhill and Battle) Mr Harold Best MP (Labour, Leeds North West) Mr Colin Challen MP (Labour, Morley and Rothwell) Mr David Chaytor MP (Labour, Bury North) Mrs Helen Clark MP (Labour, Peterborough) Sue Doughty MP (Liberal Democrat, Guildford) Mr Mark Francois MP (Conservative, Rayleigh) Mr John Horam MP (Conservative, Orpington) Mr Jon Owen Jones MP (Labour, Cardiff Central) Mr Ian Lucas MP (Labour, Wrexham) Rt hon. Michael Meacher MP (Labour, Oldham West & Royton) Mr Malcolm Savidge MP (Labour, Aberdeen North) Mr Simon Thomas MP (Plaid Cymru, Ceredigion) Joan Walley MP (Labour, Stoke-on-Trent North) David Wright MP (Labour, Telford) Powers The constitution and powers are set out in House of Commons Standing Orders, principally Standing Order No. -
Her Majesty's Treasury
Hilary Term [2010] UKSC 2 On appeal from: [2008] EWCA Civ 1187 JUDGMENT Her Majesty’s Treasury (Respondent) v Mohammed Jabar Ahmed and others (FC) (Appellants) Her Majesty’s Treasury (Respondent) v Mohammed al-Ghabra (FC) (Appellant) R (on the application of Hani El Sayed Sabaei Youssef) (Respondent) v Her Majesty’s Treasury (Appellant) before Lord Phillips, President Lord Hope, Deputy President Lord Rodger Lord Walker Lady Hale Lord Brown Lord Mance JUDGMENT GIVEN ON 27 January 2010 Heard on 5, 6, 7 and 8 October 2009 Appellants A, K and M Respondent Tim Owen QC Jonathan Swift Dan Squires Sir Michael Wood Andrew O’Connor (Instructed by Birnberg (Instructed by Treasury Peirce and Partners) Solicitor) Appellant G Respondent HAY Rabinder Singh QC Raza Husain Richard Hermer QC Dan Squires Alex Bailin (Instructed by Tuckers) (Instructed by Birnberg Peirce and Partners) Intervener (JUSTICE) Michael Fordham QC Shaheed Fatima Iain Steele (Instructed by Clifford Chance LLP) LORD HOPE, with whom Lord Walker and Lady Hale agree 1. On 13 December 2006 the appellant Mohammed al-Ghabra, referred to in these proceedings as “G”, was informed that a direction had been made against him by HM Treasury (“the Treasury”) under article 4 of the Terrorism (United Nations Measures) Order 2006 (SI 2006/2657) (“the TO”) and that he was a designated person for the purposes of that Order. He was told that the direction had been made because the Treasury had reasonable grounds for suspecting that he was, or might be, a person who facilitated the commission of acts of terrorism. He was also told that, in light of the sensitive nature of the information on which the decision had been taken, it was not possible to give him further details and that the effect of the direction was to prohibit him from dealing with his funds and economic resources and to prevent anyone notified of the freeze from making funds, economic resources or financial services available to him or for his benefit.