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PIL > Domestic Courts > Flashcards

Domestic Courts Flashcards

1
Q

Kadi

A

ECHR right to engage in JR of EU acts, including where acts are implementing SC resolutions

ECJ: JR indispensable

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2
Q

R v Jones

A

IL def of crime irrelevant in national proceedings

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3
Q

Al Jedda

A

In custody of Br troops in Iraq - ECH on HR or UN SC Res?

Bingham: Obliged to comply w SC Res
A103 UN Charter - primacy

ECHR: Presume SC does not intent to impose any obligations to breach HRs - No conflict

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4
Q

Nada

A

Cannot interpret convention in vacuum - general IL principles
Harmonised as far as possible - unnecessary to determine hierarchy

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5
Q

Al Dulimi

A

Freeze financial assets

Presume SC does not intend to breach HRs
JR possible
No real conflict here

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6
Q

A103 UN Charter

A

Conflict - obligations under UN Charter shall prevail

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PIL (11 decks)

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