EJIL Book Discussion

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Torts in UK Foreign Relations – Post Scriptum Following the UKSC’s Judgment in Zubaydah v FCDO

In my post introducing the symposium, I provided three reasons why I believed the discussion in my book was timely. Little did I know, at the time of writing, that the UK Supreme Court would deliver its judgment in Zubaydah v Foreign, Commonwealth and Development Office right in the middle of the symposium, on 20 December 2023, between the publication of Professor Webb’s and Professor Mills’ posts. Since the case addresses the law applicable to a tort claim arising out of the external exercise of British executive authority, I want to explain its relevance to the arguments that I make in my book through a post scriptum. Abu Zubaydah, the first detainee in a CIA black site and the first subject of what the CIA euphemistically refers to as ‘enhanced interrogation techniques’, but what the United Nations Human Rights Council, rightfully, recognises as torture and cruel, inhuman or degrading treatment, is currently a ‘forever prisoner’ in Guantánamo Bay. He…

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Torts in UK Foreign Relations: Response to Professors Mills, Ryngaert and Webb

I am grateful to Professors Alex Mills, Cedric Ryngaert and Philippa Webb for discussing various aspects of my book on Torts in UK Foreign Relations in their posts. Their comments raise important questions about the act of state doctrines, the application of foreign law to tort claims arising out of the external exercise of British…

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Torts in Dutch Foreign Relations: Choice of Law Issues

Uglješa Grušić’s Torts in UK Foreign Relations is an impressive work discussing the relevance of private international law for tortious claims arising out of the external exercise of British executive authority. As I have no expertise in UK or English law, I will engage with Uglješa’s work from a comparative law perspective. In particular, I…

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The Application of Foreign Tort Law to Extraterritorial Exercises of UK Executive Authority: A Practice without Principle?

When the United Kingdom exercises executive authority outside its territory, a variety of legal claims may (and in practice often do) ensue in the English courts. Such claims may arise, for example, from those who allege that they have been mistreated at the hands of members of the UK armed forces in the course of foreign operations. One…

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The Taming Function of Private International Law

Dr Uglješa Grušić has published a new book, Torts in UK Foreign Relations, that provides a comprehensive account of private international law aspects of tortious claims arising out of the external exercise of British executive authority. It is an outstanding book – nuanced, learned and also a pleasure to read. The book tackles…

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