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A global view

09 March 2012 / Khawar Qureshi KC
Issue: 7504 / Categories: Features , Public
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Khawar Qureshi QC reports on the recent leading cases involving public international law & the English courts

There has been a surge in public awareness of public international law (PIL) in recent years, as well as a marked increase in the number of cases before domestic courts where PIL issues have been raised. The main factors for this include:

  • Significant activity of the UN Security Council (UNSC) in passing sanctions resolutions directed to alleged terrorist funding and so-called “rogue” states.
  • The invocation of English Court jurisdiction to address matters arising out of the military interventions in Iraq and Afghanistan.
  • Claims for diplomatic or sovereign/state immunity to prevent the courts from exercising jurisdiction to consider claims, or effect enforcement of judgments or arbitral awards.

In 2011, there were 179 cases identified in the Lawtel database as involving international law. However, most of these concern private international law (conflict of laws) issues. Upon closer examination, around 15 of the cases concerned substantive PIL issues.

In this article, we will consider six cases relating to

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MOVERS & SHAKERS

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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