This article examines the legality of the options that may be open to a State that is unwilling to accept a legal obligation created by a human rights treaty it has already ratified. It briefly addresses the subject of ‘derogation’ from human rights treaties before looking in detail at denunciation of the same. It proceeds to examine the legality of strategies such as entering a late reservation to a human rights treaty and of denouncing the treaty with the sole purpose of entering a new reservation to it.

The Optional Protocol to the Convention against Torture entered into force on 22 June 2006. It establishes a Sub-Committee for the Prevention of Torture that has authority to visit places of detention and to assess the conditions of that detention as a way to reduce the incidence of torture or cruel, inhuman or degrading treatment or punishment. Additionally, States parties are required to set up complementary national preventive mechanisms. This article explores both how these mechanisms established under the Optional Protocol could operate in the context of the detention of refugees and/or asylum-seekers, which is an increasingly common occurrence in many parts of the world, as well as whether they add value to existing international mechanisms that are already available in this field. It examines the purported applicability of the Optional Protocol to four refugee/asylum situations, namely detention at airports and other border zones; immigration (or administrative) detention, including semi-open (or semi-closed) asylum centres; closed refugee camps; and extraterritorial processing or holding centres. Reviewing definitional, jurisdictional, and practical issues that may impact on the success or otherwise of these new preventive mechanisms, this article concludes by making a number of recommendations to aid their work in the refugee/asylum context.

This paper examines the regulatory questions surrounding transatlantic stock exchange consolidation. Underlying these questions is, in essence, a problem of fit between, on the one hand, the market space and, on the other hand, the regulatory space. Legislation which has predominantly a domestic focus is outdated in view of the increasingly global focus of financial market actors. High-profile mergers such as NYSE Euronext have brought the problem of the regulation of transatlantic or indeed global stock exchanges to the fore. Which national securities laws apply? What consequences does technological integration have for the regulatory position of exchanges and financial market actors? What are the extraterritorial implications? This article takes these questions as a starting point for investigating the problems of, and solutions to, transatlantic stock exchange consolidation.