Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Pace University

Courts

Series

2010

Articles 1 - 2 of 2

Full-Text Articles in Law

National Security Courts: A European Perspective, Mindia Vashakmadze Apr 2010

National Security Courts: A European Perspective, Mindia Vashakmadze

Pace International Law Review Online Companion

No abstract provided.


The Ripple Effect: Guantanamo Bay In The United Kingdom's Courts, C.R.G. Murray Apr 2010

The Ripple Effect: Guantanamo Bay In The United Kingdom's Courts, C.R.G. Murray

Pace International Law Review Online Companion

The human rights abuses suffered by detainees held at Guantánamo Bay have dominated many of the cases before the United Kingdom’s courts. The Human Rights Act of 1998, still relatively new to the statute book, played a central role in the detainees’ arguments. The ultimate court decisions, however, often relegate such factors to the background of the case. This article examines why the deciding courts declined to develop the law of diplomatic protection on the basis of human rights concerns, and why such arguments continue to be employed by detainees. Furthermore, the article assesses why the English courts have shown …