Reviewing the united kingdom's iccpr immigration reservation in hong kong courts
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AbstractIn 1976 the UK ratified the ICCPR with a reservation that prevented individuals without the right to 'enter and remain' in the UK from invoking Article 12(4) and 'other provisions' of the covenant. Upon Hong Kong's reunification with China, the ICCPR 'as applied to Hong Kong' in accordance with the UK's ratification was constitutionally guaranteed. It will be argued that the legislation implementing the ICCPR does not reflect the constitutional guarantee 'as applied to Hong Kong' because it amounts to a blanket exclusion of all ICCPR rights in immigration matters, impermissibly going beyond the UK's reservation. Copyright © British Institute of International and Comparative Law 2014.
All Author(s) ListRamsden M.
Journal nameInternational and Comparative Law Quarterly
Volume Number63
Issue Number3
PublisherOxford University Press
Place of PublicationUnited Kingdom
Pages635 - 663
LanguagesEnglish-United Kingdom
Keywordsapplication of ICCPR in Hong Kong, meaning of UK's Article 12(4) ICCPR reservation, relevance of international law to constitutional interpretation, treaty reservations, use of international law in domestic courts

Last updated on 2021-30-11 at 23:36