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International: Case Law, Legislation, Links 30-05-14

Scotland, Europe, Northern Ireland, Wales, Commonwealth, International

International: Case Law, Legislation, Links 30-05-14

Postby dls » Fri May 30, 2014 2:16 pm

Matters of International law having relevance to the UK.
Please take the time to explore these links. Once you get used to what is provided, the power to enquire about the law is properly substantial. Suggestions for further leading cases, statutes, links and corrections are always welcome. I give my warm thanks to those who have suggested material.

Case law:
Leading Cases:
    Golubovich -v- Golubovich; CA 21-May-2010 - The court was asked to rule as to the recognition of a foreign (Moscow) decree of divorce obtained in breach of a Hemain injunction. The Russian proceedings had got to a stage requiring H positively to apply to prevent the decree.
    Hemain -v- Hemain; 1988 - The court confirmed its the power to grant a temporary injunction restraining the party from pursuing proceedings in a foreign jurisdiction to prevent that party from obtaining unfair advantage. The injunction would typically preserve the status quo pending an application or trial.
    Higgs and Mitchell -v- The Minister of National Security and others; PC 14-Dec-1999 - (Bahamas) The applicants appealed against sentences of death, saying that the executions would be unlawful while there was a pending appeal to the OAS.
    Secretary of State for Foreign and Commonwealth Affairs -v- Rahmatullah; SC 31-Oct-2012 - The claimant complained that the UK Armed forces had taken part in his unlawful rendition from Iraq by the US government. He had been detaiined in Iraq and transferred to US Forces. The government became aware that he was to be removed to Afghanistan, but were not notified. He remained detained by US Forces. An agreement had been in place as to the treatment of prisoners in accordance with international obligations,and which provided that he should be returned to the UK.
    Upjohn Company -v- United States; 13-Jan-1981 - United States Supreme Court - When the General Counsel for petitioner pharmaceutical manufacturing corporation (hereafter petitioner) was informed that one of its foreign subsidiaries had made questionable payments to foreign government officials in order to secure government business, an internal investigation of such payments was initiated.
Legislation:
    1946
    1951
    1967
    1975
      Evidence (Proceedings in other Jurisdictions) Act 1975 / 34 -|- Case law -|- See Also: Evidence, Northern Ireland, Scotland
      An Act to make new provision for enabling the High Court, the Court of Session and the High Court of Justice in Northern Ireland to assist in obtaining evidence required for the purposes of proceedings in other jurisdictions; to extend the powers of those courts to issue process effective throughout the United Kingdom for securing the attendance of witnesses; and for purposes connected with those matters.
      Arbitration Act 1975 / 3 -|- Case law -|- See Also: Arbitration
      An Act to give effect to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
    1978
      State Immunity Act 1978 / 33 -|- Case law -|- See Also: Jurisdiction, Torts - Other
      An Act to make new provision with respect to proceedings in the United Kingdom by or against other States; to provide for the effect of judgments given against the United Kingdom in the courts of States parties to the European Convention on State Immunity; to make new provision with respect to the immunities and privileges of heads of State; and for connected purposes.
    1980
      Protection of Trading Interests Act 1980 / 11 -|- Case law -|- See Also: Commercial
      An Act to provide protection from requirements, prohibitions and judgments imposed or given under the laws of countries outside the United Kingdom and affecting the trading or other interests of persons in the United Kingdom.
    1985
      Child Abduction and Custody Act 1985 / 60 -|- Case law -|- See Also: Children
      An Act to enable the United Kingdom to ratify two international Conventions relating respectively to the civil aspects of international child abduction and to the recognition and enforcement of custody decisions.
    1989
      Antarctic Minerals Act 1989 / 21 -|- Case law -|- See Also:, Licensing
      An Act to make provision with respect to the exploration and exploitation of mineral resources in Antarctica; to enable proceedings with respect to matters arising under the law of the British Antarctic Territory to be brought in England and Wales; and for connected purposes.
    1990
      Criminal Justice (International Co-operation) Act 1990 / 5 -|- Case law -|- See Also: Criminal Practice
      An Act to enable the United Kingdom to co-operate with other countries in criminal proceedings and investigations; to enable the United Kingdom to join with other countries in implementing the Vienna Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances; and to provide for the seizure, detention and forfeiture of drug trafficking money imported or exported in cash.
      Contracts (Applicable Law) Act 1990 / 36 -|- Case law -|- See Also: Contract
      An Act to make provision as to the law applicable to contractual obligations in the case of conflict of laws.
    1995
      Private International Law (Miscellaneous Provisions) Act 1995 / 42 -|- Case law -|- See Also: Litigation Practice, Family, Torts - Other
      An Act to make provision about interest on judgment debts and arbitral awards expressed in a currency other than sterling; to make further provision as to marriages entered into by unmarried persons under a law which permits polygamy; to make provision for choice of law rules in tort and delict; and for connected purposes.
    2003
      Crime (International Co-operation) Act 2003 / 32 -|- Explanatory Note -|- Case law -|- See Also: Criminal Practice, Crime
      An Act to make provision for furthering co-operation with other countries in respect of criminal proceedings and investigations; to extend jurisdiction to deal with terrorist acts or threats outside the United Kingdom; to amend section 5 of the Forgery and Counterfeiting Act 1981 and make corresponding provision in relation to Scotland; and for connected purposes.
    2005
    2006
    2010
    2013
      Antarctic Act 2013 / 15 -|- Explanatory Note -|- Case law -|- See Also: Environment
      An Act to make provision consequential on Annex VI to the Protocol on Environmental Protection to the Antarctic Treaty; to amend the Antarctic Act 1994; and for connected purposes.

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