International Law @ UEA: Views from the Broads International Law @ UEA: Views from the Broads

At the brink of death? The slow and painful dismemberment of the WTO’s Appellate Body

By Zuzanna Godzimirska

Often referred to as the “jewel in the crown” of the World Trade Organization (WTO), the Dispute Settlement Mechanism might be facing a slow and painful death. Following years of US frustration over the Appellate Body’s rulings against its zeroing practices in anti-dumping investigations and demands to reform the dispute settlement system, the Trump...

#MeToo: The world of million dollar cheques

by Reilly Anne Dempsey Willis

I am not sure why the British Broadcasting Corporation is so utterly and completely incapable of properly addressing women’s rights issues, but the incompetence certainly provides ample material for blogs. On 30th October, BBC Radio 4 broadcast a roundtable debate on the Today programme with Anne Robinson (broadcaster and journalist), Charlotte Proudman...

Homage to Catalonia

By Nikos Skoutaris

On 6 October 1934 Lluís Companys proclaimed the Catalan State (Estat Català) within a ‘Spanish Federal Republic’. 83 years later, Catalonia –unbelievable as it may sound- is on the verge of unilaterally declaring its independence, again. At this crucial moment, one has to seriously wonder whether there is any realistic way to de-escalate this grave...

State-led, Regional, Consultative Processes: Opportunities to develop legal frameworks on disaster displacement

Climate Refugees Mini-Symposium | Final Part

by the Platform on Disaster Displacement

This blogpost argues that state-led consultative processes at the (sub-) regional level can be considered as a promising approach in addressing the protection gap for persons displaced across borders in the context of disasters and climate change.

Disaster displacement refers...

Drawing Upon International Refugee Law: The Precautionary Approach to Protecting Climate Change Displaced Persons

Climate Refugees Mini-Symposium | Part Eight

by Jenny Poon

Climate change is not a recent phenomenon. Yet, it affects millions of those displaced as a result of its impact, including those resident on small Pacific Island States. These small Pacific Island States are at risk of being submerged under the sea due to soil erosion or other environmental degradation as a result...

A Proposal for Introducing “UN Guiding Principles on Cross-Border Displacement Due to Environmental Disasters”

Climate Refugees Mini-Symposium | Part Seven

by Camilla Schloss

Cross-border displacement due to environmental disasters is at the heart of today’s international migration discourse. To address the issue, I propose the adoption of “UN Guiding Principles on Cross-Border Displacement Due to Environmental Disasters”.

Millions of people are forcibly displaced by...

Public International Law’s Applicability to Migration as Adaptation: Fit for Purpose?

Climate Refugees Mini-Symposium | Part Six

by Thekli Anastasiou

The relationship between human movement and environmental conditions is undoubtedly complex. It is now generally accepted that environmental conditions, along with other factors like socio-economic conditions and demographic changes, influence migratory movements. Much of this movement is internal, however...

Climate Migration beyond the Limits of International Law. A Glass Half Full?

Climate Refugees Mini-Symposium | Part Five

by Beatriz Felipe Pérez

Last week I presented a paper in the congress entitled “The Challenges of International and European Law Facing Climate Change” organized by the University of Huelva in the South of Spain. Of a total of twenty three presentations, five were related to climate change and human mobility. Another fact that...

Legal Regimes

Climate Refugees Mini-Symposium | Part Four

By Jolanda van der Vliet

Climate refugees do not fit any legal regime. It is even hard to establish what the ‘problem’ is that needs to be addressed by the law. For countries with a high influx of refugees, climate refugees may be perceived as a threat to peace or stability. As a result, climate forced migration is considered a...

Why is there no international protection for climate induced migrants?

Climate Refugees Mini-Symposium | Part Three

By Elin Jakobsson

The notion of “environmental refugees” (and similar denominations) was recognized decades ago and the gap in their protection has been widely acknowledged. Nonetheless, the UN system has thus far failed to come to an agreement on how to protect climate refugees. In the edited volume “Climate Refugees:...

What’s in a Name? Climate Change and ‘Refugees’

Climate Refugees Mini-Symposium | Part Two

By Simon Behrman

What difference does it make between being labelled a ‘refugee’ or not? For people seeking asylum, the answer is the difference between being granted protection or being denied it. ‘Refugee’ is a jealously guarded legal term that is bestowed on just a small fraction of those seeking asylum. Last year, for example,...

Climate Refugees in the Eyes of International Law

Climate Refugees Mini-Symposium | Part One

by Avidan Kent

Despite what some of our world’s leaders seem to believe, climate change is happening. Rising see levels, desertification and other climate-related phenomena are making certain areas on the planet inhabitable, leaving communities with no other choice but to migrate. The citizens of low lying islands such as...

Brexit: No ‘clean break’ for data protection law

By Karen Mc Cullagh

The House of Lords EU Home Affairs Sub-Committee published its report: Brexit: the EU data protection package on 18th July 2017, having heard evidence from the Rt Hon. Matt Hancock MP (Minister of State for Digital and Culture, Department for Culture, Media and Sport at the time of giving evidence), Elizabeth Denham, UK Information Commissioner, and experts from...

International Courts, Juridical Method and Empirical Analysis of Evolving Legal Norms: a Gap in the Literature?

By Michael Hamilton

Recently, UEA Law School hosted a workshop on ‘The Future of International Courts’. One important question raised by participants concerned an aspect of juridical method – namely, the extent to which international courts actually engage with (or ought to engage with) the different external sources of law and soft-law standards that they encounter.

Justice for His Royal Highness Emere Godwin Bebe Okpabi and Others: Civil litigation and the challenge of delivering remediation of human rights violations involving non-EU Corporation

By Youseph Farah & Malakee Makhoul

In the past decade the English courts have witnessed a wave of business-related human rights violation claims brought by victims against UK domiciled corporations and their non- EU domiciled subsidiaries. Such claims have been brought under the tort of ‘negligence’, rather than being based on direct violations of basic human rights. The real...

Post-Brexit trade deals and climate change: a golden opportunity to do things differently

By Avidan Kent

Brexit happened, whether we like it or not. The big question that looms over us all, and which remains unanswered even a full year after the referendum, is what next?

One area in which it seems certain that the UK will take its own path is the conclusion of new trade treaties. Indeed, since Theresa May began her premiership she has been searching for...

The Future of International Courts - One Day Workshop

UEA Law School is delighted to host a one-day SLS-funded workshop on The Future of International Courts.

Corruption in public procurement: Siemens Greek Bribery Scandal

By Penelope Alex Giosa

According to Transparency International corruption is “the abuse of entrusted power for private gain” which can be “classified as grand, petty and political, depending on the amounts of money lost and the sector where it occurs”. This blog post focuses on the issue of corruption in large-scale public procurement contracts and to what extent the existing...

Of hearth and home and human rights

by Reilly Anne Dempsey Willis

As I was driving to work the other morning, listening to BBC Radio 4, I heard an advertisement for a programme “Women in Power.” As an international human rights lawyer working on issues of gender equality, this of course caught my attention. And not in a good way. From the short introduction, this was clearly just another programme saying the same...

Brexit: How will the GDPR rules apply to the UK? - Part 2

by Olivia Tambou

The purpose of this post is to set out legal arguments in order to demonstrate why and how the rules of the General Data Protection Regulation (herein after GDPR) rules will apply to the UK after Brexit. A previous post demonstrated that is highly likely that the GDPR rules will be transformed into British Law after Brexit. Being a third country could reveal to the...

Brexit: Implications for data protection in the UK

By Karen Mc Cullagh

This post considers the data protection implications of Brexit for the UK’s economy as many businesses and organisations generate and rely upon huge volumes of personal data in their operations (e.g. in the form of customer records, behavioural, profile and transactional data). The personal data generated, and analysed is a hugely valuable economic asset –...

Brexit or not Brexit: how will the GDPR rules apply to the UK? - Part One

by Olivia Tambou

The purpose of this post is to set out legal arguments in order to demonstrate why and how the General Data Protection Regulation (herein after GDPR) rules will apply to the UK, in one way or another. In her speech on 17th January, Theresa May said that the European Communities Act Repeal Bill “will convert the “acquis”, the body of existing EU law, into British...

Brexit: Implications for Financial Services, Digital and ‘Fintech’ Industries

by Karen Mc Cullagh

Following the outcome of the historic ‘Brexit’ referendum on 23rd June 2016 in which a majority of eligible voters in the UK voted to ‘Leave’ the European Union and the passage by both House of Parliament on 13th March 2017 of the EU (Notification of Withdrawal) Bill giving prime minister Theresa May the authority to trigger Article 50 of the Treaty of Lisbon, the...

Govia v ASLEF: A missed opportunity?

By Shaun Bradshaw

The Southern Rail dispute attracted significant media attention. ASLEF, the UK union for train drivers and operators, took strike action over the implementation of Driver-Only Operation (Passenger) – DOOP – trains. DOOP trains transferred responsibility for shutting train doors from train conductors to train drivers. ASLEF’s concern was that such a...

The ‘least dangerous branch’? How did the UK Supreme Court limit the constitutional space of Scotland and Northern Ireland?

By Nikos Skoutaris

On 24th January 2017, the UK Supreme Court delivered its long-awaited judgment in Miller. It upheld the decision of the High Court according to which, the UK government cannot trigger Article 50 TEU without first securing the consent of the Westminster. It also considered whether the UK Parliament is under an obligation to seek the consent of the devolved...

On Invisible Politics and the Quest for Justice

By Nada Ali

Having learnt from the experience of the Arab Spring in Syria and from the casualties of street protests in the capital Khartoum in 2013, Sudanese activists managed to coordinate two three-day civil strikes in the country in November and December of 2016. Thousands of people participated and further civil disobedience actions are planned with social media playing a big...

Blogging International Law - An Introduction

By Avidan Kent

This is a blog on international law, written by a group of international lawyers. This blog is coordinated by a group of scholars from the University of East Anglia and elsewhere, with the aim of increasing our engagement with other communities, whether academic or not. We will do our best to make it interesting, engaging, accessible and enjoyable (as much as...

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