Theodora A Christou | Queen Mary, University of London (original) (raw)

Books by Theodora A Christou

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law, 2019

The United Kingdom constitution is the only uncodified constitution in Europe, and is described i... more The United Kingdom constitution is the only uncodified constitution in Europe, and is described in the report as evolutionary, historical and predominantly political, responding piecemeal to developments through pragmatic solutions. A central concept is parliamentary sovereignty. The Supreme Court, replacing the Appellate Committee of the House of Lords, started its work in 2009; it can make a declaration of incompatibility with the ECHR, but has no power to annul legislation (although prior to Brexit, the courts were willing to disapply legislation which contravened directly effective provisions of EU law). Fundamental rights are predominantly protected by the Human Rights Act 1998, which incorporates the ECHR into UK law and the common law. A proactive role in raising fundamental rights issues, also in relation to EU law, is played by parliamentary scrutiny committees, NGOs and other institutions. These have contributed e.g. to the subsequent introduction of rights-based safeguards to European Arrest Warrant legislation and of a forum bar with regard to international extradition treaties. In terms of the main comparative influences, UK law is more likely to refer to the principles found in the common law of the US, Australia, Canada and New Zealand. Although European influences are present and have increased, it is unclear how far these influences will remain post Brexit. The report observes that membership of the EU and of the ECHR has helped to subject the UK constitution to juridification. In general, EU law has in many areas enhanced rights protection, e.g. as regards the right to privacy and the general principles of law; indeed, the latter were introduced into the UK through EU and ECHR law. The report does not address the Brexit process, although a brief post scriptum note has been added.

The abstract of my PhD, soon to be published.

the BHRC conducted a series of plenary sessions and workshops in Harare and Bulawayo aimed to dev... more the BHRC conducted a series of plenary sessions and workshops in Harare and Bulawayo aimed to develop strategies and systematise approaches to human rights monitoring and reporting. In partnership with the John Smith Memorial Trust, the BHRC provided training with a focus on human rights during the electoral processes.

As part of this project, the BHRC also produced the training manual 'Tracking Expression: Monitoring, Reporting and Addressing Human Rights Violations During Elections'. Specifically tailored for Zimbabwe, this is a resource which comprehensively covers human rights law in the context of elections.

The Manual places emphasis on training lawyers in areas of human rights which are requisite to the creation of an environment most conducive to “free and fair” elections; namely, the rights to freedom of expression, information, association and assembly. Throughout the Manual, examples are provided in order to demonstrate how international norms have been interpreted in actual cases. There is also a template to facilitate networking for elections monitoring within a country specific context, a resource not previously available in Zimbabwe.

The ECJP publication seeks to inform the reader about the practical implementation of the EAW FD.... more The ECJP publication seeks to inform the reader about the practical implementation of the EAW FD. The EU chapter provides an introduction to the evolution of European criminal justice measures together with a look at the key CJEU cases. The Country Chapters begin with an outline of the legal systems of each of our target countries In order to promote mutual confidence and recognition an important starting point is to understand the basic
legal system of MS. We then turn our focus to the EAW with a look at the process in place and at the key cases where national courts have considered issues relating to the EAW FD. The final sections of these chapters seek to identify some issues which have arisen in the domestic implementation of the EAW. In relation to Croatia, the final sections are more forward looking, highlighting preparation for EU accession.

In our final chapter we set out the collective conclusions drawn from our four workshops and conclude with a summary of the issues together with some recommendations for future focus.

The world has witnessed the prosecution of the so-called “war on terror”, growth of state sponsor... more The world has witnessed the prosecution of the so-called “war on terror”, growth of state sponsored extraordinary rendition, outsourcing of torture and a number of controversial military incursions by larger states into the territory of smaller states. In many cases the state has sought to avoid legal responsibility for the action of its agents and forces by denying the concept of extra-territorial jurisdiction. Human rights organisations and observers argue that this has created a climate of impunity threatening fundamental rights and freedoms hitherto protected by the UN and regional mechanisms.

This important book examines developments in state conduct and the response of international law. It analyses the concept of jurisdiction, territory, the role of humanitarian law, and the purported reach of regional mechanisms in relation to extra-territorial conduct. It provides an up- to-date comparative assessment of the most recent case law in this area. As such, it provides both human rights practitioners and the interested observer with a valuable guide into one of the most important legal, political and ethical issue

Contents:
1. Introduction
2. The concept of jurisdiction in international treaty regimes
3. Effective control of an area (ECA)
4. Military engagement in Iraq
5. Custody: Authority and control
6. Acts and omissions under UN auspices
7. Guantanamo, extraordinary rendition, secret detention and torture
8. Domestic acts or decisions with extra-territorial effect
9. Diplomatic and consular assistance
10. Jurisdiction and dependent territories
11. Conclusion

This critical manual is the first of its kind for the African Region and will prove an invaluable... more This critical manual is the first of its kind for the African Region and will prove an invaluable resource to Human Rights practitioners, academics and interested parties. At a time when the issue of human rights in Africa is making many advances, this publication introduces easy-to-use jurisprudence that turns a previously difficult research task into a simple procedure. The Africa section looks at 13 countries in depth while the manual and all the jurisprudence covers the whole region.

The first section covers key principles and human rights norms which are detailed in straightforward language so as to ensure it is accessible and comprehensible.

The second section is devoted to the death penalty, detailing the relevant provisions from both international and regional instruments and offering a comparative commentary as to how the principles and relevant rights relate to the death penalty.

The third section summarizes key case-law from international, regional and domestic African courts and tribunals. The case summaries detail the facts and decisions and for quick reference include a headnote of relevant concepts.

The fourth section focuses on 13 African countries but the reports are a useful comparative resource for all countries. From conducting the research and compiling the material for this final section, it is apparent that nothing like this has been attempted before in Africa.

Much of the work emanates from primary research and investigation conducted by local research teams in the individual countries. Investigative research techniques varied from spending days outside official buildings to visiting prisons, physically counting the individuals on death row and interviewing the detainees to obtain their age and the length of time they had been on death row. These Country Files provide an overview of each country's criminal justice system and legal framework, applicable international standards and statistical information. Most importantly the relevant Constitutional provisions are quoted and where available, details of cases in which constitutional challenges have been made are summarised.

Papers by Theodora A Christou

Uniform law review, Jun 15, 2024

History records that trade and trade finance, vital to economic advancement and prosperity, have ... more History records that trade and trade finance, vital to economic advancement and prosperity, have benefited profoundly from technological evolution and accompanying supportive transnational law. Today, the blossoming of technology, most notably digitalization, has the potential to greatly facilitate both domestic and international trade and, just as importantly, to assist in fulfilling the environmental and social goals critical to meet the UN Sustainable Development Goals and the Paris Agreement. However, obstacles to digital trade arise from the existing legal and regulatory frameworks. Accordingly, legal reforms are overdue. Impetus is now needed to create a fully supportive transnational legal environment. There are several examples of where the technology exists, but the law frustrates its effective deployment. The laws of most jurisdictions require certain trade documents (like bills of lading, payment, and title instruments) to be recorded in a tangible form (paper). The International Chamber of Commerce (ICC) estimates that digitalizing trade documents could reduce transaction costs by 80 per cent and eliminate billions of paper documents in the trade system. A limited number of jurisdictions have reformed their laws to address this gap and innovative private sector actors have taken the initiative to benefit from these reforms. An example includes the development of the Distributed Ledger Payment Commitment by BAFT that relies on narrow but effective changes in Delaware law governing promissory notes; others chose to be governed by Singapore law, which recently amended to align with the Model Law on Electronic Transferable Records (MLETR). Law can be an enabler of digital trade. To this end, work has begun, including by the ICC and the International Institute for the Unification of Private Law. But the reform needs to be accelerated. This article considers the benefits of digital trade, key legal obstacles, and how transnational law can enable innovation and digitalization not only of the vast volumes of paper but of the entire trade and trade finance processes.

Investigating European Fraud in the EU Member States

"This critical manual is the first of its kind for the African Region and will prove an inva... more "This critical manual is the first of its kind for the African Region and will prove an invaluable resource to Human Rights practitioners, academics and interested parties. At a time when the issue of human rights in Africa is making many advances, this publication introduces easy-to-use jurisprudence that turns a previously difficult research task into a simple procedure. The Africa section looks at 13 countries in depth while the manual and all the jurisprudence covers the whole region. The first section covers key principles and human rights norms which are detailed in straightforward language so as to ensure it is accessible and comprehensible. The second section is devoted to the death penalty, detailing the relevant provisions from both international and regional instruments and offering a comparative commentary as to how the principles and relevant rights relate to the death penalty. The third section summarizes key case-law from international, regional and domestic African courts and tribunals. The case summaries detail the facts and decisions and for quick reference include a headnote of relevant concepts. The fourth section focuses on 13 African countries but the reports are a useful comparative resource for all countries. From conducting the research and compiling the material for this final section, it is apparent that nothing like this has been attempted before in Africa. Much of the work emanates from primary research and investigation conducted by local research teams in the individual countries. Investigative research techniques varied from spending days outside official buildings to visiting prisons, physically counting the individuals on death row and interviewing the detainees to obtain their age and the length of time they had been on death row. These Country Files provide an overview of each country's criminal justice system and legal framework, applicable international standards and statistical information. Most importantly the relevant Constitutional provisions are quoted and where available, details of cases in which constitutional challenges have been made are summarised."

Social Science Research Network, 2014

Social Science Research Network, 2009

"The world has witnessed the prosecution of the so-called “war on terror”, growth of state s... more "The world has witnessed the prosecution of the so-called “war on terror”, growth of state sponsored extraordinary rendition, outsourcing of torture and a number of controversial military incursions by larger states into the territory of smaller states. In many cases the state has sought to avoid legal responsibility for the action of its agents and forces by denying the concept of extra-territorial jurisdiction. Human rights organisations and observers argue that this has created a climate of impunity threatening fundamental rights and freedoms hitherto protected by the UN and regional mechanisms. This important book examines developments in state conduct and the response of international law. It analyses the concept of jurisdiction, territory, the role of humanitarian law, and the purported reach of regional mechanisms in relation to extra-territorial conduct. It provides an up- to-date comparative assessment of the most recent case law in this area. As such, it provides both human rights practitioners and the interested observer with a valuable guide into one of the most important legal, political and ethical issue Contents: 1. Introduction 2. The concept of jurisdiction in international treaty regimes 3. Effective control of an area (ECA) 4. Military engagement in Iraq 5. Custody: Authority and control 6. Acts and omissions under UN auspices 7. Guantanamo, extraordinary rendition, secret detention and torture 8. Domestic acts or decisions with extra-territorial effect 9. Diplomatic and consular assistance 10. Jurisdiction and dependent territories 11. Conclusion"

SSRN Electronic Journal, 2020

This report looks at COVID-19 pandemic responses, focusing on the contact tracing apps from a bus... more This report looks at COVID-19 pandemic responses, focusing on the contact tracing apps from a business and human rights perspective. It sets out the human rights criteria when either interfering with the private life of individuals under the ordinary limitations of the right, and also when states choose to derogate having declared a state of emergency. The key tests remain the same: legality, necessity, and proportionality.

SSRN Electronic Journal, 2018

SSRN Electronic Journal, 2014

SSRN Electronic Journal, 2017

the BHRC conducted a series of plenary sessions and workshops in Harare and Bulawayo aimed to dev... more the BHRC conducted a series of plenary sessions and workshops in Harare and Bulawayo aimed to develop strategies and systematise approaches to human rights monitoring and reporting. In partnership with the John Smith Memorial Trust, the BHRC provided training with a focus on human rights during the electoral processes. As part of this project, the BHRC also produced the training manual 'Tracking Expression: Monitoring, Reporting and Addressing Human Rights Violations During Elections'. Specifically tailored for Zimbabwe, this is a resource which comprehensively covers human rights law in the context of elections. The Manual places emphasis on training lawyers in areas of human rights which are requisite to the creation of an environment most conducive to “free and fair” elections; namely, the rights to freedom of expression, information, association and assembly. Throughout the Manual, examples are provided in order to demonstrate how international norms have been interpreted in actual cases. There is also a template to facilitate networking for elections monitoring within a country specific context, a resource not previously available in Zimbabwe.

New Journal of European Criminal Law, 2010

Article 1(3) of the Framework Decision on the European Arrest Warrant (FD EAW) states that it “sh... more Article 1(3) of the Framework Decision on the European Arrest Warrant (FD EAW) states that it “shall not have the effect of modifying the obligation to respect fundamental rights and fundamental legal principles as enshrined in Article 6 of the Treaty on European Union”. A large number of states have implemented this provision, together with Recitals 12 & 13, introducing a mandatory ground for refusal to surrender based on a possible breach of human rights. The creation of this new ground, not foreseen in the FD EAW itself, has been criticized by the Commission and the Council. The legal power of Article 1(3) FD EAW has not yet been clarified by the Court of Justice of the European Union (CJEU). It has been provided the opportunity by the a preliminary reference from the Belgian Constitutional Court which has asked the CJEU 4 preliminary questions, including one on human rights as a sole ground for refusal to surrender.

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law, 2019

The United Kingdom constitution is the only uncodified constitution in Europe, and is described i... more The United Kingdom constitution is the only uncodified constitution in Europe, and is described in the report as evolutionary, historical and predominantly political, responding piecemeal to developments through pragmatic solutions. A central concept is parliamentary sovereignty. The Supreme Court, replacing the Appellate Committee of the House of Lords, started its work in 2009; it can make a declaration of incompatibility with the ECHR, but has no power to annul legislation (although prior to Brexit, the courts were willing to disapply legislation which contravened directly effective provisions of EU law). Fundamental rights are predominantly protected by the Human Rights Act 1998, which incorporates the ECHR into UK law and the common law. A proactive role in raising fundamental rights issues, also in relation to EU law, is played by parliamentary scrutiny committees, NGOs and other institutions. These have contributed e.g. to the subsequent introduction of rights-based safeguards to European Arrest Warrant legislation and of a forum bar with regard to international extradition treaties. In terms of the main comparative influences, UK law is more likely to refer to the principles found in the common law of the US, Australia, Canada and New Zealand. Although European influences are present and have increased, it is unclear how far these influences will remain post Brexit. The report observes that membership of the EU and of the ECHR has helped to subject the UK constitution to juridification. In general, EU law has in many areas enhanced rights protection, e.g. as regards the right to privacy and the general principles of law; indeed, the latter were introduced into the UK through EU and ECHR law. The report does not address the Brexit process, although a brief post scriptum note has been added.

The abstract of my PhD, soon to be published.

the BHRC conducted a series of plenary sessions and workshops in Harare and Bulawayo aimed to dev... more the BHRC conducted a series of plenary sessions and workshops in Harare and Bulawayo aimed to develop strategies and systematise approaches to human rights monitoring and reporting. In partnership with the John Smith Memorial Trust, the BHRC provided training with a focus on human rights during the electoral processes.

As part of this project, the BHRC also produced the training manual 'Tracking Expression: Monitoring, Reporting and Addressing Human Rights Violations During Elections'. Specifically tailored for Zimbabwe, this is a resource which comprehensively covers human rights law in the context of elections.

The Manual places emphasis on training lawyers in areas of human rights which are requisite to the creation of an environment most conducive to “free and fair” elections; namely, the rights to freedom of expression, information, association and assembly. Throughout the Manual, examples are provided in order to demonstrate how international norms have been interpreted in actual cases. There is also a template to facilitate networking for elections monitoring within a country specific context, a resource not previously available in Zimbabwe.

The ECJP publication seeks to inform the reader about the practical implementation of the EAW FD.... more The ECJP publication seeks to inform the reader about the practical implementation of the EAW FD. The EU chapter provides an introduction to the evolution of European criminal justice measures together with a look at the key CJEU cases. The Country Chapters begin with an outline of the legal systems of each of our target countries In order to promote mutual confidence and recognition an important starting point is to understand the basic
legal system of MS. We then turn our focus to the EAW with a look at the process in place and at the key cases where national courts have considered issues relating to the EAW FD. The final sections of these chapters seek to identify some issues which have arisen in the domestic implementation of the EAW. In relation to Croatia, the final sections are more forward looking, highlighting preparation for EU accession.

In our final chapter we set out the collective conclusions drawn from our four workshops and conclude with a summary of the issues together with some recommendations for future focus.

The world has witnessed the prosecution of the so-called “war on terror”, growth of state sponsor... more The world has witnessed the prosecution of the so-called “war on terror”, growth of state sponsored extraordinary rendition, outsourcing of torture and a number of controversial military incursions by larger states into the territory of smaller states. In many cases the state has sought to avoid legal responsibility for the action of its agents and forces by denying the concept of extra-territorial jurisdiction. Human rights organisations and observers argue that this has created a climate of impunity threatening fundamental rights and freedoms hitherto protected by the UN and regional mechanisms.

This important book examines developments in state conduct and the response of international law. It analyses the concept of jurisdiction, territory, the role of humanitarian law, and the purported reach of regional mechanisms in relation to extra-territorial conduct. It provides an up- to-date comparative assessment of the most recent case law in this area. As such, it provides both human rights practitioners and the interested observer with a valuable guide into one of the most important legal, political and ethical issue

Contents:
1. Introduction
2. The concept of jurisdiction in international treaty regimes
3. Effective control of an area (ECA)
4. Military engagement in Iraq
5. Custody: Authority and control
6. Acts and omissions under UN auspices
7. Guantanamo, extraordinary rendition, secret detention and torture
8. Domestic acts or decisions with extra-territorial effect
9. Diplomatic and consular assistance
10. Jurisdiction and dependent territories
11. Conclusion

This critical manual is the first of its kind for the African Region and will prove an invaluable... more This critical manual is the first of its kind for the African Region and will prove an invaluable resource to Human Rights practitioners, academics and interested parties. At a time when the issue of human rights in Africa is making many advances, this publication introduces easy-to-use jurisprudence that turns a previously difficult research task into a simple procedure. The Africa section looks at 13 countries in depth while the manual and all the jurisprudence covers the whole region.

The first section covers key principles and human rights norms which are detailed in straightforward language so as to ensure it is accessible and comprehensible.

The second section is devoted to the death penalty, detailing the relevant provisions from both international and regional instruments and offering a comparative commentary as to how the principles and relevant rights relate to the death penalty.

The third section summarizes key case-law from international, regional and domestic African courts and tribunals. The case summaries detail the facts and decisions and for quick reference include a headnote of relevant concepts.

The fourth section focuses on 13 African countries but the reports are a useful comparative resource for all countries. From conducting the research and compiling the material for this final section, it is apparent that nothing like this has been attempted before in Africa.

Much of the work emanates from primary research and investigation conducted by local research teams in the individual countries. Investigative research techniques varied from spending days outside official buildings to visiting prisons, physically counting the individuals on death row and interviewing the detainees to obtain their age and the length of time they had been on death row. These Country Files provide an overview of each country's criminal justice system and legal framework, applicable international standards and statistical information. Most importantly the relevant Constitutional provisions are quoted and where available, details of cases in which constitutional challenges have been made are summarised.

Uniform law review, Jun 15, 2024

History records that trade and trade finance, vital to economic advancement and prosperity, have ... more History records that trade and trade finance, vital to economic advancement and prosperity, have benefited profoundly from technological evolution and accompanying supportive transnational law. Today, the blossoming of technology, most notably digitalization, has the potential to greatly facilitate both domestic and international trade and, just as importantly, to assist in fulfilling the environmental and social goals critical to meet the UN Sustainable Development Goals and the Paris Agreement. However, obstacles to digital trade arise from the existing legal and regulatory frameworks. Accordingly, legal reforms are overdue. Impetus is now needed to create a fully supportive transnational legal environment. There are several examples of where the technology exists, but the law frustrates its effective deployment. The laws of most jurisdictions require certain trade documents (like bills of lading, payment, and title instruments) to be recorded in a tangible form (paper). The International Chamber of Commerce (ICC) estimates that digitalizing trade documents could reduce transaction costs by 80 per cent and eliminate billions of paper documents in the trade system. A limited number of jurisdictions have reformed their laws to address this gap and innovative private sector actors have taken the initiative to benefit from these reforms. An example includes the development of the Distributed Ledger Payment Commitment by BAFT that relies on narrow but effective changes in Delaware law governing promissory notes; others chose to be governed by Singapore law, which recently amended to align with the Model Law on Electronic Transferable Records (MLETR). Law can be an enabler of digital trade. To this end, work has begun, including by the ICC and the International Institute for the Unification of Private Law. But the reform needs to be accelerated. This article considers the benefits of digital trade, key legal obstacles, and how transnational law can enable innovation and digitalization not only of the vast volumes of paper but of the entire trade and trade finance processes.

Investigating European Fraud in the EU Member States

"This critical manual is the first of its kind for the African Region and will prove an inva... more "This critical manual is the first of its kind for the African Region and will prove an invaluable resource to Human Rights practitioners, academics and interested parties. At a time when the issue of human rights in Africa is making many advances, this publication introduces easy-to-use jurisprudence that turns a previously difficult research task into a simple procedure. The Africa section looks at 13 countries in depth while the manual and all the jurisprudence covers the whole region. The first section covers key principles and human rights norms which are detailed in straightforward language so as to ensure it is accessible and comprehensible. The second section is devoted to the death penalty, detailing the relevant provisions from both international and regional instruments and offering a comparative commentary as to how the principles and relevant rights relate to the death penalty. The third section summarizes key case-law from international, regional and domestic African courts and tribunals. The case summaries detail the facts and decisions and for quick reference include a headnote of relevant concepts. The fourth section focuses on 13 African countries but the reports are a useful comparative resource for all countries. From conducting the research and compiling the material for this final section, it is apparent that nothing like this has been attempted before in Africa. Much of the work emanates from primary research and investigation conducted by local research teams in the individual countries. Investigative research techniques varied from spending days outside official buildings to visiting prisons, physically counting the individuals on death row and interviewing the detainees to obtain their age and the length of time they had been on death row. These Country Files provide an overview of each country's criminal justice system and legal framework, applicable international standards and statistical information. Most importantly the relevant Constitutional provisions are quoted and where available, details of cases in which constitutional challenges have been made are summarised."

Social Science Research Network, 2014

Social Science Research Network, 2009

"The world has witnessed the prosecution of the so-called “war on terror”, growth of state s... more "The world has witnessed the prosecution of the so-called “war on terror”, growth of state sponsored extraordinary rendition, outsourcing of torture and a number of controversial military incursions by larger states into the territory of smaller states. In many cases the state has sought to avoid legal responsibility for the action of its agents and forces by denying the concept of extra-territorial jurisdiction. Human rights organisations and observers argue that this has created a climate of impunity threatening fundamental rights and freedoms hitherto protected by the UN and regional mechanisms. This important book examines developments in state conduct and the response of international law. It analyses the concept of jurisdiction, territory, the role of humanitarian law, and the purported reach of regional mechanisms in relation to extra-territorial conduct. It provides an up- to-date comparative assessment of the most recent case law in this area. As such, it provides both human rights practitioners and the interested observer with a valuable guide into one of the most important legal, political and ethical issue Contents: 1. Introduction 2. The concept of jurisdiction in international treaty regimes 3. Effective control of an area (ECA) 4. Military engagement in Iraq 5. Custody: Authority and control 6. Acts and omissions under UN auspices 7. Guantanamo, extraordinary rendition, secret detention and torture 8. Domestic acts or decisions with extra-territorial effect 9. Diplomatic and consular assistance 10. Jurisdiction and dependent territories 11. Conclusion"

SSRN Electronic Journal, 2020

This report looks at COVID-19 pandemic responses, focusing on the contact tracing apps from a bus... more This report looks at COVID-19 pandemic responses, focusing on the contact tracing apps from a business and human rights perspective. It sets out the human rights criteria when either interfering with the private life of individuals under the ordinary limitations of the right, and also when states choose to derogate having declared a state of emergency. The key tests remain the same: legality, necessity, and proportionality.

SSRN Electronic Journal, 2018

SSRN Electronic Journal, 2014

SSRN Electronic Journal, 2017

the BHRC conducted a series of plenary sessions and workshops in Harare and Bulawayo aimed to dev... more the BHRC conducted a series of plenary sessions and workshops in Harare and Bulawayo aimed to develop strategies and systematise approaches to human rights monitoring and reporting. In partnership with the John Smith Memorial Trust, the BHRC provided training with a focus on human rights during the electoral processes. As part of this project, the BHRC also produced the training manual 'Tracking Expression: Monitoring, Reporting and Addressing Human Rights Violations During Elections'. Specifically tailored for Zimbabwe, this is a resource which comprehensively covers human rights law in the context of elections. The Manual places emphasis on training lawyers in areas of human rights which are requisite to the creation of an environment most conducive to “free and fair” elections; namely, the rights to freedom of expression, information, association and assembly. Throughout the Manual, examples are provided in order to demonstrate how international norms have been interpreted in actual cases. There is also a template to facilitate networking for elections monitoring within a country specific context, a resource not previously available in Zimbabwe.

New Journal of European Criminal Law, 2010

Article 1(3) of the Framework Decision on the European Arrest Warrant (FD EAW) states that it “sh... more Article 1(3) of the Framework Decision on the European Arrest Warrant (FD EAW) states that it “shall not have the effect of modifying the obligation to respect fundamental rights and fundamental legal principles as enshrined in Article 6 of the Treaty on European Union”. A large number of states have implemented this provision, together with Recitals 12 & 13, introducing a mandatory ground for refusal to surrender based on a possible breach of human rights. The creation of this new ground, not foreseen in the FD EAW itself, has been criticized by the Commission and the Council. The legal power of Article 1(3) FD EAW has not yet been clarified by the Court of Justice of the European Union (CJEU). It has been provided the opportunity by the a preliminary reference from the Belgian Constitutional Court which has asked the CJEU 4 preliminary questions, including one on human rights as a sole ground for refusal to surrender.

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law, 2019

The United Kingdom constitution is the only uncodified constitution in Europe, and is described i... more The United Kingdom constitution is the only uncodified constitution in Europe, and is described in the report as evolutionary, historical and predominantly political, responding piecemeal to developments through pragmatic solutions. A central concept is parliamentary sovereignty. The Supreme Court, replacing the Appellate Committee of the House of Lords, started its work in 2009; it can make a declaration of incompatibility with the ECHR, but has no power to annul legislation (although prior to Brexit, the courts were willing to disapply legislation which contravened directly effective provisions of EU law). Fundamental rights are predominantly protected by the Human Rights Act 1998, which incorporates the ECHR into UK law and the common law. A proactive role in raising fundamental rights issues, also in relation to EU law, is played by parliamentary scrutiny committees, NGOs and other institutions. These have contributed e.g. to the subsequent introduction of rights-based safeguard...

This thesis considers the relationship between human rights and the principle of mutual recogniti... more This thesis considers the relationship between human rights and the principle of mutual recognition as applied in criminal matters. It examines the impact of the European Arrest Warrant (EAW) on human rights and highlights the importance of human rights for the success of mutual recognition measures. Having embarked on the mutual recognition programme, on the basis of largely theoretical presumptions, an attempt by the EU to reposition human rights and to ensure that a genuine area of justice exists for all, can be witnessed through recent Directives on defence rights,. This research addresses the scope and method of human rights protection with focus on the implementation of the EAW. In the first part, mutual recognition and the EAW are defined. The second part considers the practical effect of the EAW on human rights, setting out the ECHR minimum standards and the extended EU scope. The third part evaluates the defence measures adopted to date by the EU under the Stockholm Roadmap. The final part summarises the main research findings which show that human rights are key to promoting mutual trust. The scope of some rights has already been extended and reinforced by the Charter of Fundamental Rights or the EU defence rights measures. The thesis argues that the best method for reinforcing these rights in practice is a tripartite collaborative approach between the EU, Member States and the Council of Europe. In order to address the tension between human rights and mutual recognition, work needs to continue beyond adoption of the Stockholm measures. It requires genuine commitment on the part of the EU institutions and Member States for the necessary amendments, adoptions, implementation and human rights protection to take place and be reflected in practice.

The Journal of Criminal Law

Whilst FGM had been a crime in the UK for over 2 decades, over 60, 000 girls continued to be muti... more Whilst FGM had been a crime in the UK for over 2 decades, over 60, 000 girls continued to be mutilated. In 2015 the UK took its international obligations to protect girls from such physical harm more seriously and enacted new legislation. This article focuses on the parental responsibility to protect their daughter from harm and their criminal liability if they fail to take adequate action to prevent the mutilation occurring. We explore the socio-legal setting, the gaps in the law, the state's international obligations and finally the newly introduced rebuttable presumption.

The contribution of the International Bar Association Working Group on AI to the work of CAHAI. W... more The contribution of the International Bar Association Working Group on AI to the work of CAHAI. We look at (1) Opportunities and risks arising from the design, development and application of artificial intelligence
on human rights, the rule of law, and democracy. While considering the context-sensitive environment for artificial intelligence design, development and application in Europe and developments at a global level. (2) Mapping of instruments applicable to artificial intelligence guidelines and private actors; (3) Main elements of a legal framework for the design, development and application of artificial intelligence; (4) Possible practical mechanisms to ensure compliance and effectiveness of the legal framework.

The UN Guiding Principles, the OECD Guidelines and the OECD Due Diligence Guidelines should be included in the Draft Feasibility Study. In particular: (i) when defining the role and responsibility of private actors; (ii), the Draft Feasibility Study should refer to the responsibility of business entities to carry out human rights due diligence, as defined by the UNGPs and the OECD Due Diligence Guidelines; and (iii) when looking at ‘liability for damage caused by AI’, the Draft Feasibility Study
should go beyond state-based judicial remedies and should refer to state-based non-judicial remedies, as well as to non-state-based non-judicial remedies.

In order to avoid excessive regulatory burdens on the private sector, the Draft Feasibility Study should look at the existing provisions mandating human rights due diligence and, in particular, at the upcoming EU Legislation on mandatory human rights and environmental due diligence.

In order to promote a more effective implementation of human rights due diligence, the specific challenges of AI should be considered and private actors, as well as relevant stakeholders, should be consulted.

International Bar Association, 2020

This report looks at COVID-19 pandemic responses, focusing on the contact tracing apps from a bus... more This report looks at COVID-19 pandemic responses, focusing on the contact tracing apps from a business and human rights perspective. It sets out the human rights criteria when either interfering with the private life of individuals under the ordinary limitations, and also when states choose to derogate having declared a state of emergency. The key tests remain the same: legality, necessity, and proportionality.Several contact tracing technology models are analysed, before proposing a governance approach based on human rights diligence.

Authors: Maria Pia Sacco, Senior Legal Advisor, IBA Legal Policy and Research Unit; Dr Theodora A Christou, CCLS, School of Law, Queen Mary University of London; Anurag Bana, Senior Legal Advisor, IBA Legal Policy and Research Unit