Extradition/surrender under the TCA.
(2023)
Book Chapter
ARNELL, P. [2023]. Extradition/surrender under the TCA. In Davies, G. and Farrand-Carrapico, H. (eds.) UK-EU police and judicial cooperation post-Brexit. Oxford: Hart Publishing, (accepted).
Browse
The UK's Illegal Migration Bill: human rights violated. (2023)
Journal Article
ARNELL, P., LEWIS, O., KALOCSÁNYIOVÁ, E. and FORRESTER, A. 2023. The UK's Illegal Migration Bill: human rights violated. Medicine, science and law [online], OnlineFirst. Available from: https://doi.org/10.1177/00258024231186736Stopping asylum seekers from arriving in the UK on small boats was one of the five key pledges made by Prime Minister Rishi Sunak in January 2023.1 An important facet of the attempt to meet that promise is the Illegal Migration Bill. Introduced in Ma... Read More about The UK's Illegal Migration Bill: human rights violated..
Group proceedings in Scotland. (2023)
Journal Article
MANTE, J. and ARNELL, P. 2023. Group proceedings in Scotland. Scots law times [online], 2023 (19), pages 93-96. Available from: https://uk.westlaw.comFrom 31 July 2020 a new form of proceedings, group proceedings, have been available in the Court of Session. A group for this purpose comprises two or more individuals who each have a separate claim in the subject matter. Litigation has begun. Consid... Read More about Group proceedings in Scotland..
Borders of convenience: European legal measures and the migration crisis. (2023)
Book Chapter
ARNELL, P. and LYONS, C. 2023. Borders of convenience: European legal measures and the migration crisis. In Zaman, Q.M. and Hall, G.G. (eds.) Border urbanism: transdisciplinary perspectives. Cham: Springer [online], chapter 26, pages 421-431. Available from: https://doi.org/10.1007/978-3-031-06604-7_26The migration crisis has posed fundamental questions for European institutions. Amongst these are whether EU human rights reality matches its rhetoric. The answer is a resounding no. The reaction of the EU to the crisis has entailed an abdication of... Read More about Borders of convenience: European legal measures and the migration crisis..
The threat to our human rights: the repeal of the Human Rights Act 1998. (2022)
Journal Article
ARNELL, P. 2022. The threat to our human rights: the repeal of the Human Rights Act 1998. Medicine, science and the law [online], 62(4), pages 248-250. Available from: https://doi.org/10.1177/00258024221111908Human rights were introduced into the United Kingdom law over two decades ago. They were, it was said, brought home. The Human Rights Act 1998 (HRA) created binding and justiciable human rights for everyone within the jurisdiction of the country. UK... Read More about The threat to our human rights: the repeal of the Human Rights Act 1998..
The universality of human rights in UK extradition law (2022)
Journal Article
ARNELL, P. 2022. The universality of human rights in UK extradition law. Transnational criminal law review [online], 1(1), pages 52-68. Available from: https://doi.org/10.22329/tclr.v1i1.7481The question of the universality of human rights has arisen in the context of United Kingdom and European Court of Human Rights extradition jurisprudence. It is a consequence of the law requiring that all extraditions must be compatible with human ri... Read More about The universality of human rights in UK extradition law.
The UK's exportation of asylum obligations to Rwanda: a challenge to mental health, ethics and the law. (2022)
Journal Article
SEN, P., CROWLEY, G., ARNELL, P., KATONA, C., PILLAY, M., WATERMAN, L.Z. and FORRESTER, A. 2022. The UK's exportation of asylum obligations to Rwanda: a challenge to mental health, ethics and the law. Medicine, science and the law, 62(3), pages 165-167. Available from: https://doi.org/10.1177/00258024221104163The United Kingdom government has made a concerted decision to ramp up its 'hostile environment' policy towards asylum seekers and refugees. The original policy took the form of 'a package of measures designed to make life so difficult for individual... Read More about The UK's exportation of asylum obligations to Rwanda: a challenge to mental health, ethics and the law..
Assange, mental health and assurances in extradition. (2022)
Journal Article
ARNELL, P. and FORRESTER, A. 2022. Assange, mental health and assurances in extradition. Medico-legal journal [online], Online First. Available from: https://doi.org/10.1177/00258172221081708Julian Assange is wanted by the United States so it can prosecute him for espionage and hacking. His extradition was barred on mental health grounds. That decision has been overturned. The English High Court has accepted US assurances detailing how h... Read More about Assange, mental health and assurances in extradition..
The prosecution of cybercrime: why transnational and extraterritorial jurisdiction should be resisted. (2022)
Journal Article
ARNELL, P. and FATUROTI, B. 2023. The prosecution of cybercrime: why transnational and extraterritorial jurisdiction should be resisted. International review of law, computers and technology [online], 37(1), pages 29-51. Available from: https://doi.org/10.1080/13600869.2022.2061888Cybercrime is a scourge that blights the lives of many around the globe. It has a significant transnational component. Despite established international and national regulation, its growth in scale and breadth persists. One result of which has been i... Read More about The prosecution of cybercrime: why transnational and extraterritorial jurisdiction should be resisted..
Extradition and the universality of human rights in Scotland. (2022)
Journal Article
ARNELL, P. 2022. Extradition and the universality of human rights in Scotland. Scots law times [online], 2022(11), pages 55-59. Available from: https://uk.westlaw.comThis article reviews the case law pertaining to human rights and extradition law, looking at whether the protection under ECHR art.3 applies equally within and outside the jurisdiction of state parties to the treaty and relativity in an extradition c... Read More about Extradition and the universality of human rights in Scotland..
The accommodation of precursor crimes within extradition. (2022)
Book Chapter
ARNELL, P. 2022. The accommodation of precursor crimes within extradition. In Walker, C., Llobet Anglí, M. and Meliá, M.C. (eds.) Precursor crimes of terrorism: the criminalisation of terrorism risk in comparative perspective. Cheltenham: Edward Elgar Publishing [online], chapter 16, pages 240-253. Available from: https://doi.org/10.4337/9781788976329.00025Extradition is the formal legal process whereby accused and convicted persons are transferred from one state or territory to another. It has a considerable pedigree and contains some common features. Several of these features have evolved in the late... Read More about The accommodation of precursor crimes within extradition..
Real-world human rights impact. [Blog post] (2021)
Digital Artefact
ARNELL, P. 2021. Real-world human rights impact. [Blog post]. Posted on RGView: connecting the RGU community [online], 17 September 2021. Available from: https://www.rgu.ac.uk/rgview/student-experience/4458-real-world-human-rights-impactDr Paul Arnell, of The Law School, writes about the real and important role human rights play in the practice of law in Scotland. He speaks of an interesting and life-changing example of a former RGU Law student.
Res judicata, oppression and abuse of process in Scots extradition law. (2021)
Journal Article
ARNELL, P. 2021. Res judicata, oppression and abuse of process in Scots extradition law. Scots law times [online], 2021(25), pages 94-96. Available from: https://uk.westlaw.comThis article considers Iliev (Ilia) v HM Advocate (HCJ Appeal), refusing permission to appeal against a decision to extradite the applicant to Romania under a European arrest warrant on the grounds of res judicata or abuse of process arising out of t... Read More about Res judicata, oppression and abuse of process in Scots extradition law..
Improving the human rights accountability of multinational corporations in the oil and gas industry: a case study of Nigeria. (2021)
Thesis
ORIESO, A.E. 2021. Improving the human rights accountability of multinational corporations in the oil and gas industry: a case study of Nigeria. Robert Gordon University, PhD thesis. Hosted on OpenAIR [online]. Available from: https://doi.org/10.48526/rgu-wt-1447326If we think that the environment is less important than the economy, then we should try holding our breath while we count our money. This thesis examines the legal framework governing the oil and gas industry in Nigeria. The oil and gas industry in N... Read More about Improving the human rights accountability of multinational corporations in the oil and gas industry: a case study of Nigeria..
Charity law and public benefit in Scotland. (2021)
Journal Article
ILOKA, U. and ARNELL, P. 2021. Charity law and public benefit in Scotland. Scots law times [online], 2021(12), pages 52-54. Available from: https://westlaw.comDiscusses Office of the Scottish Charity Regulator v New Lanark Hotels Ltd (IH) on whether the Upper Tribunal had erred in concluding that a charity's trading subsidiaries should be entered on the Scottish Charities Register despite having activities... Read More about Charity law and public benefit in Scotland..
Extradition and mental health in the spotlight: the case of Julian Assange. (2021)
Journal Article
ARNELL, P. and FORRESTER, A. 2021. Extradition and mental health in the spotlight: the case of Julian Assange. Criminal behaviour and mental health [online], 31(2), pages 77-79. Available from: https://doi.org/10.1002/cbm.2195Approximately 1000 persons are extradited from the UK every year. While this number may lessen on account of Brexit, it is clear that hundreds of individuals will be forcibly removed from the UK, both nationals and non-nationals, to stand trial or be... Read More about Extradition and mental health in the spotlight: the case of Julian Assange..
Police cooperation and exchange of information under the EU-UK trade and cooperation agreement. (2021)
Journal Article
ARNELL, P., BOCK, S., DAVIES, G. and WÖRNER, L. 2021. Police cooperation and exchange of information under the EU-UK trade and cooperation agreement. New journal of European criminal law [online], 12(2), pages 265-276. Available from: https://doi.org/10.1177/2032284421995572Brexit has led to a realignment of police cooperation and information exchange between the EU and the UK. This has been affected by Titles II-V and IX of Part III of the Trade and Cooperation Agreement. The terms governing the exchange of DNA, finger... Read More about Police cooperation and exchange of information under the EU-UK trade and cooperation agreement..
Julian Assange extradition: freedom of British media to expose US state secrets is at stake. [Newspaper article] (2021)
Other
ARNELL, P. 2021. Julian Assange extradition: freedom of British media to expose US state secrets is at stake. [Newspaper article]. Press gazette [online], 2 March 2021. Available from: https://www.pressgazette.co.uk/julian-assange-extradition-appeal/Dr Paul Arnell is expert on extradition law from Robert Gordon University in Aberdeen – he explains why the Julian Assange extradition appeal has huge implications for media freedom in the UK.
Is exile an act of discrimination? [Newspaper article] (2021)
Other
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-3148318The 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.ukExtradition 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..