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10 February 2021 / Khawar Qureshi KC
Issue: 7920 / Categories: Features , Public , International justice
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Public international law: 2020 in review

38903
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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Signature Litigation—Catherine Naylor

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Morgan Lewis—Paul Feldberg

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NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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