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Public international law: 2020 in review

10 February 2021 / Khawar Qureshi KC
Issue: 7920 / Categories: Features , Public , International justice
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Khawar Qureshi QC provides an overview of the key public international law cases before the English courts in 2020
  • EU treaty and ICSID treaty obligations.
  • The scope of diplomatic immunity.
  • The English courts’ approach to International Court of Justice advisory opinions.
  • Recognition of foreign heads of state.
  • UN and EU sanctions issues.
  • The ‘commercial exception’ to state immunity.

In 2020, there were 31 reported cases involving issues of public international law. The main themes were the scope of diplomatic immunity, the operation of the ‘commercial exception’ to state immunity pursuant to the State Immunity Act 1978 (SIA 1978), and cases relating to the interpretation of UN/EU economic sanctions, as well as the approach of the English court to International Court of Justice (ICJ) advisory opinions. There was also a highly politically charged dispute concerning the recognition of the head of a foreign state.

EU treaty & ICSID treaty obligations

In the case of Micula and others v Romania (European Commission intervening)

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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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