This statement by AG @SuellaBraverman contains fundamental omissions, misunderstandings or misrepresentations.

Crucially, it waves a populist flag for parliamentary sovereignty as if that was an answer to the international law problem created by govt in its Bill.

It is not. /1
She argues that because Parliamentary sovereignty forms part of our domestic constitutional arrangements, Plmnt can enact whatever it wants, irrespective of international law & treaty obligations freely entered into.

That isn't an answer to the q of breach, but a flag wave. /2
In common with the many countries whom Britain has called upon to respect & adhere to its int'l law obligations, Britain is required to act in accordance with its treaty obligations. Bandying about the language of parliamentary sovereignty does not sidestep that obligation. /3
Art. 27 Vienna Convention clearly states that a party may not invoke its national law to justify its failure to perform its treaty obligations. This is a sound principle of international law. /4
Her interpretation on the 'dualist' system is wrong, confusing the meaning of 'binding'. Once a treaty is in force, the state is •bound• by it in int'l law.

(Sidenote - probably why you should take time to read what you sign).

Dualism relates to enforceability in the UK. /5
Just think about the logic inherent in the govt argument, quite apart from legal technicalities.

What purpose the international rules-based order if countries signed & said, 'yeah but no but yeah but national law"?

This is a retrograde & embarrassing position for Britain. /ends

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More from @WomaninHavana

1 Jul
#HongKong. As the British govt announces measures following China's imposition of the national security law, this is a quick thread looking at some of the most alarming features of it. One might describe it as an ideological takeover. /1 xinhuanet.com/english/2020-0…
/2 After the early nods to #humanrights protected in Hong Kong's Basic Law and ICCPR, and the rule of law, and to One Country Two Systems, the provisions which follow install a political and judicial structure intended to be loyal to Beijing.
/3 The secrecy of the drafting, content and time of publication of the law stand in very marked contrast to the transparency of the aims "to safeguard the sovereignty, unification and territorial integrity of the People’s Republic of China".
Read 24 tweets
1 Jul
#HongKong’s new national security law is a chilling clampdown on human rights, on fair trial rights, on the independence of the judiciary & on NGOs & international organisations working with HongKong’s people. Imposing control through fear, ambiguities & trials in mainland China.
Here is the English translation of the national security law published by Xinhua. It uses the language of #humanrights and the #ICCPR, which is then dramatically undermined by the substance & extraordinarily broad definitions, where they appear. Chilling.

xinhuanet.com/english/2020-0…
Read 6 tweets
1 Jun
The law now appears an afterthought to the messssging of govt.

Ten weeks or so into lockdown, these new Coronovirus Regulations should have been better planned, debated & advertised. They apply to each of us.

It’s becoming a dangerous habit to keep giving Parliament a red card.
Unacceptable to have Regulations, which apply to everyone & which the police are required to enforce, to magically appear on a Sunday afternoon, to commence Monday.

If the law is to have both respect & application, it can’t be decreed at whim. That’s not democracy in operation.
This thread analysis by @GeorgePeretzQC shows why it’s so important there be proper scrutiny of laws. On the morning this new law will come into operation, even the lawyers aren’t clear what’s what.

Read 4 tweets
24 May
Johnson is undermining the entire basis of the lockdown, the credibility of his government and - frankly - public health with this creative, deliberate fiction. This is dangerous and irresponsible brinkmanship.
Frontline workers have put their lives and families at risk. Families have lost loved ones, unable to be with them in their dying hours and for their last rites.

What does “having no alternative” actually mean?
The whole point of lockdown was to stop our instinctive reactions. So much about lockdown requires instinctively inhuman responses - to stay away, to actively avoid, to isolate, to not touch - for the greater good.

And that was given the force of law. Criminal law.
Read 4 tweets
10 May
Changing the slogan or changing the law?

As things stand, Reg6 of Health Protection (Coronavirus Restrictions) Regulations makes it an offence to leave or be outside of the place where we are living without reasonable excuse.

How is “stay at home as much as possible” enforced?
This isn’t just legal finesse. We all have a right to know what conduct is criminalised by law, as the police must know what they enforce.

Without considerable legal clarity alongside the new slogan, the already slippery path to casual criminalisation is carelessly steepened.
If you haven’t already seen this excellent guide for the public & the police, @Kirsty_Brimelow and @PippaWoodrow have produced this excellent cut-out-and-keep guide to the current coronavirus legislation. Will it need to change again?
Read 5 tweets
18 Apr
Alarming news from Hong Kong. Leading human rights barrister, & former member of Hong Kong Legislative Council, has been arrested.

Last year she won the IBA award for outstanding contribution to human fights. Hong Kong’s democracy and rule of law is teetering on the brink.
Aargh. “human rights”. iPhone autocorrect, too early to spot it.
The news is alarming, not least because it targets lawyers & former legislators, a generation of pro-democracy activists who campaigned for democracy & rule of law in Hong Kong long before the Umbrella Movement began.

The timing of this, as the world is consumed with Covid...
Read 4 tweets

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