* Professor of Public International Law, University of Edinburgh. I am grateful to Julia Scaunas for research assistance. 1 Lord Advocate’s Reference No. 1 of 2000, 2001 S.L.T. 507. 2 See 1996 ICJ Rep. 226. International law before national courts: Some problems from a common law perspective ALAN BOYLE* 1. Introduction The traditional view of English and Scottish courts is that customary international law is part of the law of England or Scotland, as the case may be. One nds propositions of that kind in the eighteenth century judgments of Lord Mans eld and indeed in the writings of Blackstone. However, one can also nd it most recently – and unusually – in the Court of Session in Edinburgh, in the Nuclear Wea pons case decided in November 2000. 1 Since this case illustrates several of my propositions, let me brie y outline it for those who are unfamiliar with it. It commenced as a criminal prosecution of an anti- nuclear protestor who had broken into the Royal Navy’s nuclear submarine base at Faslane. She was arrested and charged with criminal damage. Her defence was that the possession of nuclear weapons was contrary to international law
Non-State Actors and International Law (continued in International Community Law Review) – Brill
Published: Jan 1, 2004
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