Director's Notes

With the financial troubles of Greece, Ireland, Portugal and other states dominating much of the political and economic commentary, it was appropriate that this year's Institute's Annual Conference should look at the legal issues of the international financial crisis. The conference - 'Financial Regulation in a Global Market: Moving Beyond the State' - had an excellent array of speakers and with lively participants. The keynote address (chaired by the Institute's President Dame Rosalyn Higgins) was given by Professor Rosa Lastra of Queen Mary University of London, who gave an insightful and persuasive analysis of the complexities of international financial regulation. Other speakers came from the government and non-government sectors, academia and law firms, international organisations and corporations, as well as from other institutions. They covered an array of issues across the many areas of the Institute's work, including investment law, financial services law, European law, Islamic law, competition law, private international law and public international law. My thanks to all those who participated and especially to the staff at the Institute who worked very hard to bring it all together so well. You will also find a list of our many events linked to this Newsletter.

The work of our staff, members and other supporters was recognised with the Institute being short-listed for one of The Times Higher Education Leadership and Management Awards. This was for Outstanding Fundraising Team, due to the amazing achievement by the Bingham Centre for the Rule of Law Appeal Board and others, working under the excellent guidance of Diane Denny (with Roz Bristowe and Orsi Deak) and with me, to raise funds for the establishment of the Centre. We were just beaten by the University of Bath, but we were the only independent research body to be short-listed among the whole list of universities and other higher education institutions. A proud moment.

It has also been a growing time for the Institute staff with Darryl Seaman, our Finance Director, welcoming a new daughter to the world, and Jane Nicholson-Biss, our Events and Marketing Manager, going on maternity leave. Katherine Eden-Haig is covering for her for nine months. We also welcome Hayk Kupelyants, who is a Research Fellow in Private International Law and working with Eva Lein, as well as Rosie Dickinson, who is working with Diane Denny in the Development Office and is also our Receptionist (so you will hear her cheerful voice on the phone). We are very sad to farewell Alexa van Sickle, our Publications Coordinator, who has done so much to ensure the excellent editorial quality of the International and Comparative Law Quarterly and of our books, as she is off in July to study at Columbia University to become a journalist. She will be missd...mist...missed!

I do hope that you continue to enjoy reading about the many and various activities of the Institute as set out in this Newsletter.

Professor Robert McCorquodale
Institute Director

Quick Links:

www.biicl.org
Staff News

    Jeffrey Jowell awarded knighthood

We are delighted to announce that Jeffrey Jowell, Director of the Bingham Centre for the Rule of Law, was awarded a knighthood in the Queen's Birthday Honours List in recognition of his services to human rights, democracy and the rule of law. We extend our warmest congratulations to Professor Sir Jeffrey Jowell KCMG QC on this distinction. Read the press release here.

    Publications

Alexa van Sickle is leaving her position as Publications Coordinator and Assistant Editor of the International and Comparative Law Quarterly to study on the prestigious journalism course at Columbia University. Her successor, Liz Osborne, will start at the Institute in July.

    Events and Marketing Manager

Katherine Eden-Haig has joined the Institute as maternity cover for Jane Nicholson-Biss' role as Events and Marketing Manager.

    Institute Director

Professor Robert McCorquodale will be joining a number of distinguished international speakers conducting the Xiamen Academy of International Law course in China, for Chinese and other students and practitioners. He is giving a week long lecture series on Non-State Actors and International Law.

    Other News

In April 2011, Kristin Hausler and Robert McCorquodale submitted a briefing paper to the Commonwealth Secretariat on climate change and its impact on security and survival. This paper focused on the populations of the Commonwealth as a whole and on small developing states in particular, with a view to inform on the concrete and practical legal action the Commonwealth may take concrete to help mitigate some of the security issues deriving from climate change. In fact, disputes arising from scarcity of vital natural resources and climate change-induced migration may disrupt various levels of security, including human security, economic security and national security. The paper identified the key security issues for the populations of the Commonwealth, in particular the risks of human rights violations. In the case of inadequate legal frameworks with regard to both climate change induced migration and access to natural resources, whether at the national, regional and international level, pose significant threat to the security and stability of Member States. As a result, this paper contains a number of recommendations which will be discussed at the next Commonwealth Law Ministers meetings taking place in Sydney, Australia, in July 2011. At these meetings, the BIICL study on the issue of human rights and pre-trial procedures within the Commonwealth, edited and finalised last March, will also be presented and discussed.

    Update from Centre Director Professor Jeffrey Jowell QC

The following events have taken place since my last report:

  • A talk on the Rule of law in Southern Africa by Professor Hugh Corder (University of Cape Town) with Professor Sandra Fredman (University of Oxford) participating was delivered at UCL on 24 May.
  • Insolvency of International Financial Institutions, a lecture by Rodgin Cohen on 2 June, at Slaughter and May (sponsored also by QMU) drew a packed audience. The lecture was followed by a meeting of experts which included representatives from the Treasury, Central Banks of USA, UK and European Bank, the IMF, leading financial institutions, academics and lawyers. A project is being planned which will develop this theme further.
  • The Rule of Law, Rechtsstaat and Etat de Droit on 17 June saw eight members of the Conseil d'etat, at the House of Lords with the participation of a representative of the European Court of Human Rights, UK judges and academics.

A number of potential projects are being explored including:

  • Secrecy and security in trials
  • The role of the in-house lawyer
  • Asylum procedures and the UK's response to the EU Directive
  • The role of regional courts in Africa
  • The role of the government lawyer
  • International financial institutions
  • Administrative detentions immigrants
  • Taxation
  • Environment

Recent Institute Events

    The 50th Anniversary London-Leiden Conference on European Law:
    The Rule of Law in the European Union

On 25 June, the Institute and the Europa Institute in Leiden co-hosted the 50th anniversary London-Leiden Conference on European Law on the theme 'The Rule of Law in the European Union'. The event reflected on the impact that the EU legal and regulatory framework has had on the Rule of Law by bringing together speakers and delegates from across the European Union. The conference proceedings began with a note from Professor Laurens Jan Brinkhorst of the Europa Institute, who was present at the first conference and wished to reflect on how things had changed since 1961. His note was followed by a keynote address from Judge Sir Konrad Schiemann of the European Court of Justice, who explored the potential role for the EU in shaping policy external to it by becoming the sort of model which others may seek to emulate. He spoke of the EU as representing the hope of transcending the sovereign state, rather than replicating it in the form of a new super-state, and posited that one should see the Community as a multi-centred polity where different authorities compete and overlap, and yet coordinate.

The keynote address was followed by four sessions. The first examined reforms to the jurisdiction of the European Court of Justice under the Treaty of Lisbon and was chaired by Professor Sir Francis Jacobs KCMG QC and led by Professor Christiaan Timmermans, former Judge at the European Court of Justice. This session was followed by a view from a selection of Member States on the application of preliminary rulings by the Court of Justice in domestic courts. This session was chaired by Sir Richard Plender and consisted of five panellists representing Czech Republic, Germany, Italy, Poland and the UK. The afternoon sessions focused on rule of law issues in the context of competition law and criminal law. In the first afternoon session, The Rt Hon Sir David Edward KCMG QC chaired a panel which consisted of Professor Emeritus Valentine Korah, who provided a general overview of competition law over the past 50 years, and was then followed by debate on the compatibility of competition law procedures with rule of law concepts. Finally, the day ended with a session on mutual recognition and the rights of the defendant, chaired by Professor Stefaan Van den Bogaert of the Europa Institute. This session focused on the suitability of harmonisation of minimum standards for the protection of defendants in Europe in view of the goal of promoting mutual recognition of things such as European Arrest Warrant surrender requests and criminal sentences.

This event was kindly sponsored by:

    Public International Law Event:
    Holding States to Account

On 2 June, the Institute hosted a seminar on the practical impact of the International Law Commission's Draft Articles on State Responsibility for Internationally Wrongful Acts to mark the 10th year anniversary of their adoption. In front of a large audience, the panellists presented the way these Articles have been applied in international and national litigation so far, as well as their impact beyond the state.

This seminar, which was kindly sponsored by Cleary Gottlieb, started with a discussion about the impact of the Articles in international and national litigation, which was chaired by Simon Olleson (13 Old Square Chambers). While Jonathan Blackman (Cleary Gottlieb Steen & Hamilton LLP), focused his attention on the UK, US and Canadian jurisprudence, Professor Andre Nollkaemper (University of Amsterdam) presented cases of interest from continental European states. Professor Pierre Marie-Dupuy (University of Paris II) concluded this session by discussing the Articles in relation to international litigation. In general, the panellists agreed that the Articles, known to both national and international courts and tribunals, are at times applied in an inconsistent and even inaccurate manner.

The second panel, chaired by Professor Robert McCorquodale, analysed the applicability of the Articles beyond the state. Malcolm Forster (Freshfields Bruckhaus Deringer) discussed the increasing importance of non-state actors in law-making and implementation processes, focusing in particular on international environmental law. Helen Law (Matrix Chambers) offered her analysis of the relevance of the ILC's Articles in the context of human rights violations by non-state actors. To conclude this panel, Professor Dan Sarooshi (University of Oxford) examined the various relationships between states and international organisations and their implications for the responsibility of states and, in some cases, of international organisations.

The seminar ended on a high note as Professor James Crawford (University of Cambridge, Matrix Chambers), who was the ILC Special Rapporteur on State Responsibility, offered personal reflections on the role played by the Articles since their adoption. In this final session, chaired by Professor Catherine Redgwell (University College London), Professor Crawford emphasized the role of the Articles as secondary rules of international law, and also highlighted the ones which he considers particularly important. Echoing the earlier words of Professor Dupuy, Professor Crawford reiterated that it is preferable if these Articles do not become a convention.

Anna Blachura, Intern (Public International Law Programme)

This event was kindly sponsored by:

    ICLQ Lecture

On 19 May, The Institute held its inaugural Annual ICLQ Lecture. This will be an annual event featuring a lecture and discussion by an author in the International and Comparative Law Quarterly whose article made an outstanding and original and contribution to the Quarterly, and international and comparative law in general.

After an introduction by Robert McCorquodale, joint general editor of the ICLQ, Christine Bell of the University of Ulster deliver a lecture on 'Peace Negotiations and Gender Justice: Women and UNSC 1325' based on her ICLQ article of 2010. Her talk highlighted the role of gender in peace agreements and drew upon her experiences in the field assisting in drafting peace agreements, including in Sri Lanka. Her lecture was engaging and informative, and the event was well-attended.

In attendance were also the ICLQ Young Scholars of 2009 and 2010, Joshua Karton and TT Arvind. The prize, established with Cambridge University Press, is given to one outstanding author each year who was under 35 at the time of submitting their article. The Young Scholars Prize, which is £250 worth of CUP books of their choice, will be given out at this lecture in the following years.

This event was kindly sponsored by:

    EU EVENTS: Restoring the Balance Between Businesses: Unfair Commercial Practices in B2B Relations

5 April 2011

This evening seminar brought together a varied group of practitioners to discuss possible methods of addressing unfair commercial practices occurring on a business to business level. Such practices are a worry at the national and European level, and the EU is currently trying to determine the best approach in dealing with these matters in a consistent and fair manner. Practitioner and member of the BIICL Board of Trustees, Michael Hutchings OBE, commenced by setting the scene and pointing out the need for regulation in this area in the UK and in Europe. He was followed by Rona Bar-Isaac of Addleshaw Goddard, who discussed previous and ongoing inquiries into the issue in the UK, including commentary regarding the Groceries Supply Code of Practice. Subsequently, Madeleine Healy of Gibson, Dunn & Crutcher LLP, Brussels, presented an overview of practices in a range of EU Member States, drawing from a report by Gibson, Dunn & Crutcher. Third was Christina Sommer, Chairman for International Affairs at the Federation of Small Businesses, who provided a practical perspective from the side of small businesses, emphasizing that micro and small businesses need protection the most. Finally, João Gata of the Portuguese Competition Authority, presented the findings from a comprehensive report published by the Authority on the subject in October of last year. His report is available here.

This event was kindly sponsored by:

    Enforcement of Public Procurement Rules: Lessons from a Comparative Perspective

11 April 2011

BIICL held a half-day event on the latest implementation and enforcement of EU public procurement rules from a comparative perspective. Panelists came from across Europe and the United States to evaluate the EU Member States' experience with public procurement remedies and the new remedies rules. The seminar began with a discussion by Professor Martin Trybus of the University of Birmingham on the scope of the remedies system. His presentation was complemented by Professor Roberto Caranta (Turin University, Italy) and Professor Steen Treumer (University of Copenhagen, Denmark). This panel was followed by an in-depth discussion on interim relief, suspensive effect and standstill periods led by Professor Dr iur Martin Burgi of Ruhr-Universität Bochum, Germany, and accompanied by Dr Dacian Dragos (Babes Bolyai University, Romania), Professor Fabrizio Cassella (Turin University) and Mark Clough QC (Brodies LLP). The third topic was on the subject of ineffectiveness under Article 2d of the Directive, which was presented by Professor Steen Treumer with Professor François Lichère (University of Aix-Marseille III, France) and Michael Bowsher QC of Monckton Chambers. The fourth panel covered the complexities of the interaction of remedies, with Professor Roberto Caranta, Professor Fabrizio Cassella (Turin University) and Dr Duncan Fairgrieve (BIICL). Finally, a fifth panel provided a transatlantic perspective on remedies and consisted of a very interesting comparative paper by Professor Chris Yukins of George Washington University School of Law, USA.

This event was kindly sponsored by:

International Legal News in Brief

    European Union

1. Rome I Regulation and assignment

Study on the question of effectiveness of an assignment or subrogation of a claim against third parties and the priority of the assigned or subrogated claim over a right of another person.

The Institute is currently undertaking a comprehensive research study for the European Commission on proprietary aspects of assignment in the conflicts of laws.

When the Rome I Regulation (593/2008/EC) was finalised in 2008, certain questions concerning the effect of assignments upon third parties (e.g. judgment creditors, security holders, prior assignees of the same right) were left open. Furthermore, at present the EU Member States have different approaches to these issues. The European Commission has to submit a report on the question of the effectiveness of an assignment or subrogation of a claim against third parties, and the priority of the assigned or subrogated claim over a right of another person in view of a review of the Rome I Regulation (Art 27(2)).

The Institute has been appointed by the European Commission to conduct a research which will serve as a basis for a new European conflict of laws solution for the proprietary effects of assignment. Within the context of this study, EU-wide empirical research must be carried out regarding the practical importance of cross-border assignment and subrogation in different market sectors. The Institute has prepared a questionnaire that has been sent out to various stakeholders in order to enable EU businesses and members of the legal profession to make their opinions in this area known at the outset of the review process. Answers to this questionnaire (on the nature and value of transactions undertaken, practical examples of the impact of legal regulation and views on policy options for a possible new EU conflicts rule in this area) will be submitted to the Commission as part of its impact assessment for any future proposal.

The questionnaire can be downloaded from the BIICL website here.

2. Recent developments in EU Contract Law

Publication of the feasibility study carried out by the Expert Group on European contract law for stakeholders and legal practitioners feedback.

On 3 May 2011 the feasibility study on a potential Europe contract law instrument has been published. It was carried out by the Expert Group on European contract law established by the European Commission in April 2010. It contains a draft contract law instrument covering the most relevant practical issues in a contractual relationship: definitions of certain concepts, general principles of contract law, rules on the formation of a contract, on its interpretation, on unfair contract terms, performance and non-performance, restitution and prescription.

Currently, all interested parties can send their feedback on the individual articles in the study until 1 July 2011. The next step for the European Commission will be to prepare a political follow-up initiative taking into account this feasibility study by the Expert Group, feedback on the study and the result of a public consultation on a European Contract Law concluded in January 2011.

The full text of the feasibility study can be read here.

Resolution on policy options for progress towards a European Contract Law for consumers and businesses.

In response to the European Commission's Consultation on policy options in the field of contract law, the European Parliament adopted on 8 June 2011 the Resolution on policy options for progress towards a European Contract Law for consumers and businesses (2011/2013(INI)) to set out the European Parliament's priorities in this field. The Resolution deals with four main issues concerning European Contract Law: 1) the legal nature of the instrument of European Contract Law; 2) the scope of application of the instrument; 3) the application of a European Contract Law instrument in practice; 4) issues with regard to stakeholder involvement and impact assessment. The Parliament is in favour of the option of setting up an optional instrument (OI) of European contract law by means of a regulation; it could be complemented by a 'toolbox' that could be endorsed by means of an inter-institutional agreement. The Parliament calls for the creation of 'European standard contract models', translated into all EU languages, and linked to an ADR system carried out online. The OI should cover both, business-to-business and business-to-consumer contracts.

The Resolution on policy options for progress towards a European Contract Law for consumers and businesses (2011/2013(INI)) can be read here.

3. Recent developments in EU Succession Law

On 14 October 2009, the European Commission adopted a proposal for a Regulation of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession and the creation of a European Certificate of Succession (COM(2009)154). On 3 June 2010 the Council adopted political guidelines for future work on the proposed regulation. In view of further substantial progress on the text of the proposed regulation, draft political guidelines were presented as a compromise package to the Committee of Permanent Representatives (COREPER) at its meeting on 25 May 2011. Subsequently, COREPER re-examined the compromise package at its meeting on 1 June 2011 on the basis of a new text. As a result, on 6 June 2011 the Hungarian Presidency drafted political guidelines for the future work (Nr.11067/11) with regard to the proposed regulation. On 9 and 10 June 2011, the Council approved the drafted political guidelines for the future work on the proposed rules.

The political guidelines consider key issues concerning succession law and property law, the notion of habitual residence, applicable law issues, notaries, formal validity of dispositions of property upon death, the administration of the estate, authentic instruments, and the European Certificate of Succession, on which to date no political consensus exists. The Institute has held events and undertaken some research on this area, which has been helpful to the Commission.

The adoption of the European Parliament's report on the proposed regulation in the Committee on Legal Affairs is scheduled on 19 September 2011.

The full text of the draft political guidelines can be read here.

4. Recent developments in EU Family Law

Property rights of international couples.

In past years the European Union has shown a clear intention to ensure a greater legal certainty in cross-border family law. Several documents have recently been adopted in order to minimise legal and administrative obstacles when Europeans create a family, end a marriage or plan their inheritance. On 18 December 2008 the Council Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligation was adopted and applies from 18 June 2011. On 20 December 2010 the Council Regulation (EU) No 1259/2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation was adopted and will apply from 21 June 2012 (Rome III Regulation). In addition, two draft Regulations have been published by the Commission on 16 March 2011 on jurisdiction, applicable law and recognition and enforcement of decisions in matters of matrimonial property regimes COM(2011)0126 and on jurisdiction, applicable law and recognition and enforcement of decisions regarding property consequences of registered partnerships COM(2011)0127.

On 7 June 2011 BIICL organized a seminar on these two drafts, entitled 'Property Rights of International Couples. Attention: The EU Intervenes'. It gathered together top family law and private international law scholars and practitioners in order to discuss issues concerning new European Commission's proposals on matrimonial and patrimonial property law.

Richard Frimston (Russell-Cook Solicitors) opened the seminar introducing the Commission's proposals. Jonathan Harris (Serle Court) explained the deficiencies of the existing law on choice of law for matrimonial property in England after Granatino v. Radmacher. James Caroll finished the first session by describing issues concerning property regimes and the proposed regulations from an English family lawyer's perspective. The second session started with Emma Burgess explanation of the Ministry of Justice's concerns. Andrea Bonomi talked about the interrelation and need for coordination with the proposed Regulation on succession. Beatriz Campuzano Diaz reflected upon the interrelation of the new Proposals with the Rome III and Brussels II bis Regulation on jurisdiction and enforcement of judgements in matrimonial matters and matters of parental responsibility. Barbara Reinhartz concluded with reflections on the Hague Convention on the Law Applicable to Matrimonial Property Regimes and its relation with the new Proposals. The conference ended with round table discussions.

5. Other recent developments in European private international law

A new independent non-profit organisation - The European Law Institute (ELI) was launched on 1 June 2011 in its inaugural Congress in Paris. The Institute is modelled after the American law Institute (ALI). It is promoted by the European Commission in its action plan for delivering an area of freedom, security and justice for Europe's citizens (Stockholm Programme). Its seat will be at the University of Vienna in Austria. The Institute's Council may appoint fellows and observers - either on its own initiative or following an application submitted by candidates.

The Institute is established to initiate, conduct and facilitate research, make recommendations and provide practical guidance in the field of European legal development. Its work covers all branches of the law: substantive and procedural; private and public. The Institute's core tasks are to evaluate and stimulate the development of EU law, legal policy, and practice; to identify and analyse legal developments in EU; to study EU approaches regarding international law; to conduct and facilitate pan-European research; to provide a forum for discussion and cooperation of jurists. In order to accomplish its tasks, ELI operates on its own initiative.

More information can be found in the Institute's website here.

UK Treaty News

Note: The British Institute of International and Comparative Law thanks the Foreign and Commonwealth Office Treaty Section for kindly providing this information.

    Chinese Treaties

Treaty Section officiated at the signing of a Double Taxation Agreement with China on 27 June, on the occasion of Premier Wen's visit to the UK. Nine separate Memorandums of Understanding (MoUs) and contracts covering regional development, education, science and technology, transport and service sector development were also signed.

The UK is pleased to acknowledge the deposit of Mozambique's accession to the 1972 Biological Weapons Convention, with effect from 29 March, 2011. There was a question arising from the accession instrument that first had to be cleared with the Government of Mozambique before the UK could publicly acknowledge its accession; however, this has been cleared, and the accession of Mozambique to the BWC is to be warmly welcomed.

On 28 April, the Government of Benin deposited its instrument of accession to the 1972 Convention on the Prevention of marine pollution by Dumping of Wastes and Other Matter (the "London Dumping" Convention).

Details of the UK's depositary treaties and the status of countries that have signed, ratified and acceded to them can be found on the treaty depositary pages on the FCO website.

    The EU Series

As from 1 April 2011 Treaties between the Member States of the EU, or between the Member States and Third parties, along with other Acts of the EU that are binding in international law are published in the "European Union" Series of Command Papers. This replaces the former "European Communities" Series of Command Papers. Treaties concluded solely under the auspices of the sole remaining European Community (the European Atomic Energy Community) will be published separately under that heading.

    New Treaty Publications

Bilateral:

  • The Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United Arab Emirates for Co-operation in the Peaceful Uses of Nuclear Energy (signed at Abu Dhabi on 25 November 2010) has been published as United Arab Emirates No.001 (2011): Cm 8101. The Treaty is subject to notification of completion of procedures before entering into force;
  • The Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the French Republic concerning the Carrying of Service Weapons by the Officers of the UK Border Agency on French territory in Application of the treaty concerning the Implementation of the Frontier Controls at the Sea Ports of Both Countries on the Channel and North sea (signed at Paris on 24 May 2011) has been published as Treaty Series No.021 (2011): Cm 8117. The Treaty entered into force on signature;
  • Four Bilateral Agreements for the Exchange of Information relating to Tax Matters - with Saint Lucia (London, 18 January 2010), Saint Vincent and the Grenadines (London, 18 January 2010), Antigua and Barbuda (London, 18 January 2010), and Saint Christopher (Saint Kitts) and Nevis (London, 18 January 2010) entered into force on 19 May 2011 and have been published in the Treaty Series. Details are on the FCO website;
  • The Treaty between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Federative Republic of Brazil on Mutual Legal assistance in Criminal Matters (London, 7 April, 2005) has been published as Treaty Series No.19 (2011): Cm 8087. The Treaty entered into force for the UK on 13 April 2011;
  • The Exchange of Letters between the Government of the United Kingdom of Great Britain and Northern Ireland and the Special Court for Sierra Leone concerning the Relocation of Witnesses (Freetown, 12 December 2007) has been published as Treaty Series No.17 (2011): Cm 8089. The Exchange of Letters entered into force on 12 December 2007;
  • The Exchange of Notes between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Estonia amending the Air Services Agreement done at London on 3 March 1993 (Tallinn, 16 November 1999 and 25 July 2000) has been published as Treaty Series No.16 (2011): Cm 8090. The Exchange of Notes entered into force on 25 July 2000;
  • Exchange of Notes between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America amending the Agreement of 27 May 1993 concerning Defence Co-operation Arrangements (signed at London on 12 March and 1 June, 2007) has been published as Treaty Series No.014(2011):Cm 8075. The Treaty entered into force on 1 June 2007.

Multilateral:

  • The Amendment of the Articles of Agreement of the International Monetary Fund on the Reform of the Executive Board of the International Monetary Fund (Adopted at the IMF Headquarters, Washington DC, 15 December 2010) has been published as Miscellaneous No. 004 (2011): Cm, 8068. The Amendment has not yet been accepted by the UK;
  • The Agreement on the Legal Status of the International Tracing Service (Bonn, 15 July 1993) and Protocols amending the 1955 Bonn Agreements Constituting an International Commission for the International Tracing Service and on relations between the International Commission for the International Tracing Service and the International Committee of the Red Cross (Berlin, 1 June - 1 November 2006) have been published as Treaty Series No. 020 (2011): Cm, 8091. The Agreement entered into force for the UK on 2 August 1998 and the Protocols entered into force on 26 November 2007;
  • The Singapore Treaty on the Law of Trademarks (short title) (Singapore, 28 March 2006) has been published as Miscellaneous No. 3 (2011): Cm 8086. The Treaty has not yet been ratified by the United Kingdom;
  • The Framework Agreement on a Multilateral Nuclear Environmental Programme in the Russian Federation, with Protocol (Stockholm, 21 may 2003) has been published as Treaty Series No.18 (2011): Cm 8088. The Agreement was ratified by the UK on 6 April 2006 and entered into force on 6 May, 2006.
  • The Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (Adopted at New York on 25 May 2000) has been published as Treaty Series No.013 (2011):Cm 8074.

European Union:

  • The Framework Agreement between the European Union and its Member States, on the one part, and the Republic of Korea, on the other Part (Brussels, 10 May 2010) has been published as European Union No.3 (2011) : Cm 8085. The Agreement is not yet in force.
  • The Common Aviation Area Agreement between the European Union and its Member States, of the one part, and Georgia, of the other part (signed at Brussels, 2 December 2010) was published in April as European Union No.1 (2011):Cm 8055. The Agreement is not yet in force.
  • The Euro-Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part (signed at Brussels, 15 December 2010) was published in April as European Union No.2 (2011):Cm 8054. The Agreement is not yet in force.

All UK treaties published since 1997 can be found on the treaty pages of FCO Website at www.fco.gov.uk/treaty.

    Overseas Territories and Channel Islands Treaty News

Treaty Section maintain active contacts with officials in the UK's Overseas Territory governments who deal with treaties relevant to their respective territories. People in the Overseas Territories are of course among the regular users of the treaty extension information published on the UK Overseas Territories pages of UK Treaties Online here.

In view of the opening up of the Channel Islands Office in Brussels and other developments concerning representation of the Crown Dependencies' interests in Whitehall, Treaty Section is now increasing the level of support to the Crown Dependency administrations with treaty status information and registration of treaties done under Entrustment with Third Parties.

    Historic Treaties in July....

1863, 13 July - Treaty between Great Britain, France and Russia on the one part, and Denmark on the other part, relative to the accession of Prince William of Denmark to the throne of Greece, signed at London;

1968, 1 July - Treaty on the Non-proliferation of Nuclear Weapons, signed at London, Moscow and Washington;

Forthcoming in September is the 60th Anniversary of the Agreement on the status of the North Atlantic Treaty Organisation, national representatives and international staff, signed at Ottawa on 20 September 1951. This has been a key treaty in the effective day-to-day working of NATO in the decades since its signature.

    Historic Treaties in June....

1801, 14 June - Treaty of Peace with Morocco, signed at Fez;

1911, 2 June - Convention for the protection of Industrial Property, signed at Washington;

1972, 1 June - Convention for the Conservation of Antarctic Seals, opened for signature at London.

    Historic Treaties in May....

1381, 2 May - Treaty for the Marriage of the King (Richard II) with Anne, sister of the Emperor, signed at Westminster;

1812, 10 May- Treaty of Commerce with Tripoli, signed at Tripoli;

1929, 31 May - International Convention for the Safety of Life at Sea, signed at London.

    UK treaty enquiries:

If you have a query about a UK treaty, please first try to find the information you need using the FCOWeb-based "UK Treaties Online" database at here.

If you cannot find the answer to your enquiry online, you may contact FCO Treaty Section's public enquiries line (020 7008-1109). Please note that Treaty Section officers are not legally trained and are unable to give legal advice.

Guidance information about the treaty provisions in the Constitutional Reform and Governance Act 2010 is published on the FCO website.

Membership Benefits

More information and online application can be found here.

FORTHCOMING EVENTS

    Programme of Events


The Seventeenth Investment Treaty Forum Public Conference:
International Investment Law and its Intersections

Friday 9 September 2011
09:00 to 17:00

London House, Goodenough College, Mecklenburgh Square, Bloomsbury, London WC1N 2AB

This conference will look at recent investment treaty decisions. It hopes to distill best practice and emerging principles from the case law.


ANNUAL GENERAL MEETING

Monday 12 September 2011
16:30 to 17:00

British Institute of International and Comparative Law,
Charles Clore House, 17 Russell Square, London WC1B 5JP

Futher details to be published on the website shortly.


SAVE THE DATE
Business and Human Rights:
Taking Forward the Ruggie Framework and the Guiding Principles

15 - 16 September
Clifford Chance LLP, Canary Wharf London

Jointly presented by

British Institute of International and Comparative Law
Raoul Wallenberg Institute of Human Rights and Humanitarian Law
and
International Bar Association

This event has been kindly sponsored by:

The Söderberg Foundations (Torsten och Ragnar Söderbergs stiftelser) (Sweden)
and
Clifford Chance LLP


The Bingham Lecture on the Rule of Law

Thursday 20 October
18:00 to 19:30

The Drapers Company, Drapers Hall, Throgmorton Avenue, London EC2N 2DQ

More details about the event will be published on the webpage in due course

This event has been kindly sponsored by:


35th FA Mann Lecture
Judicial and Political Decision Making: The Uncertain Boundary

Tuesday 8 November
18:00 to 19:00

Herbert Smith London Office, Exchange House, Primrose Street, London, EC2A 2HS

Participants
Jonathan Sumption QC

The 35th of a series of annual lectures in honour of the late Dr FA Mann QC (Hon) (1907-1991) arranged by the partners of

Given under the auspices of the British Institute of International and Comparative Law.

This is a public lecture with free admission.

Publications

Edited by Faria Medjouba

ISBN 978-1-905221-47-9
2011
Extent: 190
Price: tbc
Paperback

This book consists of a collection of proceedings of the conference "Building Peace in Post-Conflict Situations" organised by the British Institute of International and Comparative Law in February 2011. This conference formed part of the ATLAS project (Armed Conflicts, Peacekeeping; Transitional Justice - Law as Solution), that involves several research institutions across Europe and is funded by the European Commission under its 7th Framework Programme.

More specifically, this conference tackled issues pertaining to different mechanisms used to achieve national reconciliation as well as to international prosecution and to the reparation of victims. The ATLAS project also integrated a practical component which comprised of the organisation of field missions in Cambodia, Sierra Leone and Bosnia-Herzegovina in 2010 within the objectives of the project; the findings of which are presented in this book.


January 2011

Brian Flanagan and Sinead Ahern
Judicial Decision-Making And Transnational Law: A Survey Of Common Law Supreme Court Judges
2011 60: 1-28

Trevor C Hartley
Choice Of Law Regarding The Voluntary Assignment Of Contractual Obligations Under The Rome I Regulation
2011 60: 29-56

Anthea Roberts
Comparative International Law? The Role Of National Courts In Creating And Enforcing International Law
2011 60: 57-92

Michael Harker, Sebastian Peyer and Kathryn Wright
Judicial Scrutiny Of Merger Decisions In The EU, UK And Germany
2011 60: 93-124

Israel de Jesus Butler
Securing Human Rights In The Face Of International Integration
2011 60: 125-165

Dr Myriam Hunter-Henin
Constitutional Developments And Human Rights In France: One Step Forward, Two Steps Back
2011 60: 167-188

Rebecca Young
'Internationally Recognized Human Rights' Before The International Criminal Court
2011 60: 189-208

Daniel H Joyner
I. Recent Developments In International Law Regarding Nuclear Weapons
2011 60: 209-224

Jill Barrett
I. The United Kingdom And Parliamentary Scrutiny Of Treaties: Recent Reforms
2011 60: 225-245

Jérémie Gilbert
III. Indigenous Peoples' Human Rights In Africa: The Pragmatic Revolution Of The African Commission On Human And Peoples' Rights
2011 60: 245-270

Erik Bjorge
I. International Court Of Justice, Case Concerning The Dispute Regarding Navigational And Related Rights (Costa Rica V Nicaragua)
2011 60: 271-279

April 2011

Jan Paulsson
Artbitration in Three Dimensions
2011 60: 291-323

Roman Petrov and Paul Kalinichenko
The Europeanization of Third Country Judiciaries Through the Application of the EU Acquis: The Cases of Russia and Ukraine
2011 60: 325-353

Chris Willett
The Functions of Transparency in Regulating Contract Terms: UK and Australian Approaches
2011 60: 355-385

Andrew Serdy
Postmodern International Fisheries Law, Or We Are All Coastal States Now
2011 60: 387-422

Scott P Sheeran
International Law, Peace Agreements, and Self-Determination: The Case of Sudan
2011 60: 423-458

Siobhán Mullally
Domestic Violence Asylum Claims and Recent Developments in International Human Rights Law: A Progress Narrative?
2011 60: 459-484

Richard Garnett
National Court Intervention in Arbitration as an Investment Treaty Claim
2011 60: 485-498

Lavanya Rajamani
The Cancun Climate Agreements: Reading the Text, Subtext and Tealeaves
2011 60: 499-519

Please contact Liz Osborne to order books or for further information.

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