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Regina (Al Rawi and Others) v. Secretary of State for Foreign and Commonwealth Affairs and Another (United Nations High Commissioner for Refugees intervening)
Published online by Cambridge University Press: 01 January 2021
Abstract
Diplomatic relations — Diplomatic protection — Whether Government required to make representations to foreign State — Whether duty to intervene with foreign State in case of torture — Whether diplomatic protection extending to refugees and other non-nationals — International Law Commission Draft Articles on Diplomatic Protection, 2006 — Whether reflecting current international law — Right of one Party to the Refugee Convention to make representations to another Party
Human rights — Torture — Jus cogens nature of prohibition of torture — Erga omnes obligation — Whether requiring State to intervene with other State accused of torture — Family life — Rights of relatives in the United Kingdom of detainees held at Guantanamo Bay by the United States — Whether giving rise to duty for United Kingdom to make representations to the United States
Human rights — Discrimination — Race discrimination — Distinction between nationals and non-nationals — Exercise of diplomatic protection — Whether objective difference between national and non-national in this context — Refusal to make same representations on behalf of non-national granted asylum as had been made on behalf of national in otherwise similar circumstances — Whether discriminatory
Relationship of international law and municipal law — Conduct of foreign relations — Whether justiciable in municipal court — The law of England
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