All Outputs (84)

Is exile an act of discrimination? [Newspaper article] (2021)
Newspaper / Magazine
ARNELL, P. 2021. Is exile an act of discrimination? [Newspaper article]. The Scotsman [online], 27 February 2021. Available from: https://www.scotsman.com/news/opinion/columnists/shamima-begums-exile-over-isis-support-raises-profound-questions-about-racism-sexism-and-british-citizenship-dr-paul-arnell-3148318

The case of Shamima Begum raises strong and contrasting opinions. Many people feel that her permanent exile from the UK is a just and reasonable response to what she has done. Others are of the view that that fate is discriminatory and egregious.

The new UK-EU extradition arrangements. (2021)
Journal Article
ARNELL, P. and DAVIES, G. 2021. The new UK-EU extradition arrangements. Scots law times [online], 2021(6), pages 21-23. Available from: http://westlaw.co.uk

Extradition requests to Scotland under the European Arrest Warrant (EAW) have ended. Existing from 1 January 2004 to 31 December 2020 the EAW transformed aspects of Scottish and UK extradition practice. In its stead is a new set of rules applying bet... Read More about The new UK-EU extradition arrangements..

Extradition and mental health: the need for multidisciplinary review and research. (2021)
Journal Article
ARNELL, P. and FORRESTER, A. 2021. Extradition and mental health: the need for multidisciplinary review and research. Medicine, science and the law [online], 61(2), pages 83-85. Available from: https://doi.org/10.1177/0025802421993370

More than 1000 people are forcibly removed from the UK each year through the process of extradition, so that they might stand trial or be imprisoned abroad. Over the last 10 years, 115,915 extradition requests were made using one such mechanism, the... Read More about Extradition and mental health: the need for multidisciplinary review and research..

Extradition between the UK and Ireland after Brexit: understanding the past and present to prepare for the future. (2020)
Journal Article
DAVIES, G. and ARNELL, P. 2021. Extradition between the UK and Ireland after Brexit: understanding the best and present to prepare for the future. Journal of criminal law [online], 85(2): criminal justice cooperation between the UK and Ireland after Brexit, pages 98-120. Available from: https://doi.org/10.1177/0022018320977531

The Republic of Ireland and the United Kingdom have a long, close and difficult history. The most recent phase of which dates from 1998 and the conclusion of the Good Friday Agreement. Since 1921, however, there has been unique practice between Irela... Read More about Extradition between the UK and Ireland after Brexit: understanding the past and present to prepare for the future..

Extradition between the UK and Ireland is at risk because of Brexit. [Blog post] (2020)
Digital Artefact
ARNELL, P. and DAVIES, G. 2020. Extradition between the UK and Ireland is at risk because of Brexit. [Blog post]. Posted on LSE Brexit 2020: latest thinking and research about Brexit from LSE [online], 24 November 2020. Available from: https://blogs.lse.ac.uk/brexit/2020/11/24/extradition-between-the-uk-and-ireland-is-at-risk-because-of-brexit/

Extradition between the UK and Ireland after Brexit will be particularly affected by a No-Deal Brexit. In this post, Paul Arnell (Robert Gordon University) and Gemma Davies (Northumbria University) bring a closer understanding of the problems on the... Read More about Extradition between the UK and Ireland is at risk because of Brexit. [Blog post].

The fate of Shamima Begum. [Newspaper article] (2020)
Newspaper / Magazine
ARNELL, P. 2020. The fate of Shamima Begum. [Newspaper article]. The Scotsman [online], 21 November 2020. Available from: https://www.scotsman.com/news/opinion/columnists/shamima-begum-supreme-court-case-tests-whether-misguided-teenagers-foreign-born-parents-get-same-second-chance-murderers-and-rapists-dr-paul-arnell-3042370

Five years ago Shamima Begum, then 15, left her home and birthplace in England and made her to Syria. She travelled to lend her support to Islamic State. Begum now wants to return, but is barred from doing so. She is presently in limbo, living in the... Read More about The fate of Shamima Begum. [Newspaper article].

International law reconceptualised: the role of NGOs. (2020)
Thesis
ILOKA, U. 2020. International law reconceptualised: the role of NGOs. Robert Gordon University, PhD thesis. Hosted on OpenAIR [online]. Available from: https://openair.rgu.ac.uk

International law has largely adhered to its traditional foundations, centring upon states as the pre-eminent actors. States have generally remained as the main subjects of international law, and state-centric considerations such as their jurisdictio... Read More about International law reconceptualised: the role of NGOs..

The forum bar to extradition in Scotland. (2020)
Journal Article
ARNELL, P. 2020. The forum bar to extradition in Scotland. Scots law times [online], 2020(22), pages 139-141. Available from: http://westlaw.co.uk

Discusses Craig (James) v HM Advocate (HCJ Appeal), refusing an appeal by a UK resident, who was the subject of an extradition request by the US government, against a sheriff's decision to order his extradition, notwithstanding the illegality of the... Read More about The forum bar to extradition in Scotland..

The legality of the citizenship deprivation of UK foreign terrorist fighters. (2020)
Journal Article
ARNELL, P. 2020. The legality of the citizenship deprivation of UK foreign terrorist fighters. ERA-forum [online], 21(3), pages 395-412. Available from: https://doi.org/10.1007/s12027-020-00615-9

Citizenship deprivation of foreign terrorist fighters by the United Kingdom is increasing. This is of debatable legality under international law on five separate grounds. First, the UK is arguably wrong in claiming that an extraterritorial deprivatio... Read More about The legality of the citizenship deprivation of UK foreign terrorist fighters..

A Brexit briefing. (2020)
Presentation / Conference Contribution
ARNELL, P. and LYONS, C. 2020. A Brexit briefing. Presented at the February 2020 In conversation with Paul Arnell and Carole Lyons webinar, 12 February 2020, [virtual event]. Hosted on YouTube [online]. Available from: https://www.youtube.com/watch?v=jXrfP76qyWg

In this webinar, Paul Arnell and Carole Lyons (both affiliated with Robert Gordon University) discuss various aspects of Brexit, including the referendum process, Article 50, the Brexit timeline and extensions, the withdrawal agreement and implicatio... Read More about A Brexit briefing..

The forum bar in UK extradition law: an unnecessary failure. (2020)
Journal Article
ARNELL, P. and DAVIES, G. 2020. The forum bar in UK extradition law: an unnecessary failure. Journal of criminal law [online], 84(2), pages 142-162. Available from: https://doi.org/10.1177/0022018320902544

The introduction of the forum bar into UK extradition law was unnecessary. It is a failure. It was unnecessary because extant law addressed, or could have addressed, the putative mischief giving rise to it. It is a failure because it admits only limi... Read More about The forum bar in UK extradition law: an unnecessary failure..

Social work and human rights: a practice guide. (2019)
Report
HARMS-SMITH, L., MARTINEZ-HERRERO, M.I.,ARNELL, P., BOLGER, J., BUTLER-WARKE, A., COOK, W., DOWNIE, M., FARMER, N., NICHOLLS, J. and MACDERMOTT, D. 2019. Social work and human rights: a practical guide. Birmingham: BASW [online]. Available from https://www.basw.co.uk/media/news/2019/dec/social-work-and-human-rights-guides-launched

The legislation and policy under which social workers practice is governed by human rights legislation. The Human Rights Act 1998 identified a number of protections including the right to liberty (Article 5) and the right to family life (Article 8).... Read More about Social work and human rights: a practice guide..

Social work and human rights: the international context. (2019)
Report
HARMS-SMITH, L., MARTINEZ-HERRERO, M.I., ARNELL, P., BOLGER, J., BUTLER-WARKE, A., DOWNIE, M., NICHOLLS, J. and MACDERMOTT, D. 2019. Social work and human rights: the international context. Birmingham: BASW [online]. Available from https://www.basw.co.uk/media/news/2019/dec/social-work-and-human-rights-guides-launched

This publication is a companion to ‘Social Work and Human Rights: A Practice Guide’. Both publications can be read separately or together. To maintain continuity between the two the numbering of ‘Social Work and Human Rights: The International Contex... Read More about Social work and human rights: the international context..

Extraditing Ponsati to Spain is not a clear cut process and involves certain procedures. [Newspaper article] (2019)
Newspaper / Magazine
ARNELL, P. 2019. Extraditing Ponsati to Spain is not a clear cut process and involves certain procedures. The Scotsman, 15 November 2019.

A second European Arrest Warrant (EAW) seeking St Andrews academic Clara Ponsati has been issued by Spain. The first EAW was withdrawn in June last year following a decision of a German court in the case of former Catalan president Carles Puigdemont.... Read More about Extraditing Ponsati to Spain is not a clear cut process and involves certain procedures. [Newspaper article].

India-UK extradition law and practice: the case for reform. (2019)
Journal Article
ARNELL, P. 2020. India-UK extradition law and practice: the case for reform. Commonwealth law bulletin [online], 45(3), pages 411-430. Available from: https://doi.org/10.1080/03050718.2020.1733034

India–UK extradition law and practice need reform. This is particularly acute in rendition of persons from the UK to India. Leading cases including those of Vijay Mallya, Nirav Modi and Sanjeev Chawla evidence the need. The scale, nature and fate of... Read More about India-UK extradition law and practice: the case for reform..

Realising the effective enforcement of civil and political rights in Africa: an analysis of the African Charter on Human and Peoples' Rights. (2019)
Thesis
OBODO, C.A. 2019. Realising the effective enforcement of civil and political rights in Africa: an analysis of the African Charter on Human and Peoples' Rights. Robert Gordon University [online], PhD thesis. Available from: https://openair.rgu.ac.uk

The task of drafting the standard of human rights is largely complete, and monitoring and enforcement institutions are functioning as intended. However limited that intent may have been, research has shown that the violation of human rights, particul... Read More about Realising the effective enforcement of civil and political rights in Africa: an analysis of the African Charter on Human and Peoples' Rights..

Extradition, Taiwan and the speciality principle. (2019)
Journal Article
ARNELL, P. 2019. Extradition, Taiwan and the speciality principle. Scots law times [online], 2019(25), pages 89-92. Available from: http://westlaw.co.uk

Discusses Dean (Zain Taj) v Lord Advocate (HCJ Appeal) on the speciality rule in the Extradition Act 2003 s.95, and the compatibility of a UK-Taiwan memorandum of understanding with s.95.

Extradition and the Polish judiciary. (2019)
Journal Article
ARNELL, P. 2019. Extradition and the Polish judiciary. Scots law times [online], 2019(18), pages 53-55. Available from: http://westlaw.co.uk

This article discusses the rulings in Circuit Court of Warszawa-Praga v Maciejec (Sh Ct) and Regional Court in Bielsko-Biala, Poland v Charyszyn (Ch Ct) in which Polish nationals, subject to extradition order requests, argued that there was the appea... Read More about Extradition and the Polish judiciary..

Extradition and mental health in UK law. (2019)
Journal Article
ARNELL, P. 2019. Extradition and mental health in UK law. Criminal law forum [online], 30(3), pages 339-372. Available from: https://doi.org/10.1007/s10609-019-09369-7

The response of UK extradition law and practice to requested persons presenting with mental health disorders is multi-faceted and unnecessarily complex. There are a number of reasons for this. They centre upon the law failing to adequately recognise... Read More about Extradition and mental health in UK law..

What an extradition hearing is and why it matters. (2018)
Journal Article
ARNELL, P. 2018. What an extradition hearing is and why it matters. Juridical review [online], 4, pages 250-268. Available from: http://westlaw.co.uk

Extradition is important. It serves vital purposes. The centrepiece of UK extradition is the hearing. It plays the operative role in the rendition of accused and convicted persons from the UK to third states. In light of the significance of extraditi... Read More about What an extradition hearing is and why it matters..