INTERNATIONAL LAW AND ENGLISH LAW
International Law Tripos, Lent 2019
1. INTRODUCTION
1.1 What are these lectures about?
The relationship between international law and English law – i.e.
English legislation/cases in international law/tribunals
Treaty and customary international law in English law/courts
1.2 Why examine the relationship between international law and
English law? Why is it important?
Domestic (English) Law in International Law
Prescribing, applying and enforcing laws is a central function of states.
Many of the things that international law tries to achieve must be done at
the national level/through national law (e.g. state immunity).
Sometimes international law sets limits on what states may do in their
national laws (e.g. human rights, the law of jurisdiction).
Relevant for state responsibility.
International Law in English Law
[The following are illustrative only; they show how other areas of the course have
been relevant in English courts]
Giving effect to international obligations
Acts of Parliament to ensure compliance with international obligations:
o Eg the State Immunity Act 1978
o Eg the Human Rights Act 1998
Sometimes international law requires states specifically to enact
legislation:
o Eg the Convention Against Torture, Art 2 (“Each State Party shall
take effective legislative, administrative, judicial or other measures
to prevent acts of torture in any territory under its jurisdiction”); Art
4 (“Each State Party shall ensure that all acts of torture are offences
under its criminal law.”); and Art 5(2) (“Each State Party shall
likewise take such measures as may be necessary to establish its
jurisdiction over such offences…”).
Eg Questions relating to the Obligation to Prosecute or
Extradite (Belgium v Senegal), ICJ Reports 2012, p. 422: “The
obligation for the State to criminalize torture and to establish its
jurisdiction over it finds its equivalent in the provisions of many
international conventions for the combating of international crimes.
This obligation, which has to be implemented by the State
concerned as soon as it is bound by the Convention…” (paras 74–5)
Enforcing international law
Ensuring state (government) compliance with international obligations
o Eg R (on the application of Akarcay) v Chief Constable of West
Yorkshire [2017] EWHC 159: whether provision by the UK police of
investigation materials to their counterparts in the Turkish Republic
Page 1 of 17
International Law Tripos, Lent 2019
1. INTRODUCTION
1.1 What are these lectures about?
The relationship between international law and English law – i.e.
English legislation/cases in international law/tribunals
Treaty and customary international law in English law/courts
1.2 Why examine the relationship between international law and
English law? Why is it important?
Domestic (English) Law in International Law
Prescribing, applying and enforcing laws is a central function of states.
Many of the things that international law tries to achieve must be done at
the national level/through national law (e.g. state immunity).
Sometimes international law sets limits on what states may do in their
national laws (e.g. human rights, the law of jurisdiction).
Relevant for state responsibility.
International Law in English Law
[The following are illustrative only; they show how other areas of the course have
been relevant in English courts]
Giving effect to international obligations
Acts of Parliament to ensure compliance with international obligations:
o Eg the State Immunity Act 1978
o Eg the Human Rights Act 1998
Sometimes international law requires states specifically to enact
legislation:
o Eg the Convention Against Torture, Art 2 (“Each State Party shall
take effective legislative, administrative, judicial or other measures
to prevent acts of torture in any territory under its jurisdiction”); Art
4 (“Each State Party shall ensure that all acts of torture are offences
under its criminal law.”); and Art 5(2) (“Each State Party shall
likewise take such measures as may be necessary to establish its
jurisdiction over such offences…”).
Eg Questions relating to the Obligation to Prosecute or
Extradite (Belgium v Senegal), ICJ Reports 2012, p. 422: “The
obligation for the State to criminalize torture and to establish its
jurisdiction over it finds its equivalent in the provisions of many
international conventions for the combating of international crimes.
This obligation, which has to be implemented by the State
concerned as soon as it is bound by the Convention…” (paras 74–5)
Enforcing international law
Ensuring state (government) compliance with international obligations
o Eg R (on the application of Akarcay) v Chief Constable of West
Yorkshire [2017] EWHC 159: whether provision by the UK police of
investigation materials to their counterparts in the Turkish Republic
Page 1 of 17
