Regina (Quark Fishing Limited) v. Secretary of State for Foreign and Commonwealth Affairs

Abstract

Human rights — Scope and application of human rights treaties — European Convention on Human Rights, 1950, and First Protocol — Application to overseas territories of a State Party — Article 56 of the Convention and Article 4 of the First Protocol — Declaration by State Party extending the Convention and Protocol to overseas territory a prerequisite for their application there — South Georgia and the South Sandwich Islands — United Kingdom making declaration extending the Convention but not the First Protocol — First Protocol not applicable even where decision regarding South Georgia and the South Sandwich Islands taken in the United Kingdom

Relationship of international law and municipal law — Treaties — Effect in municipal law — European Convention on Human Rights, 1950, and First Protocol — Effect in the United Kingdom — Human Rights Act 1998 — Action for damages for breach of Convention rights — Whether capable of succeeding if action in the European Court of Human Rights would fail — Definition of a public authority for purposes of the Act

Territory — Colonies — South Georgia and the South Sandwich Islands — Overseas territory of the United Kingdom — Government of South Georgia and the South Sandwich Islands separate from Government of the United Kingdom — Application of the European Convention on Human Rights, 1950, and First Protocol in South Georgia and the South Sandwich Islands — Decision by Secretary of State in London to issue instruction to Commissioner of South Georgia and the South Sandwich Islands — Whether an action of the Government of the United Kingdom — The law of England