International law before national courts: Some problems from a common law perspective

International law before national courts: Some problems from a common law perspective * 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 Ž nds propositions of that kind in the eighteenth century judgments of Lord MansŽ eld and indeed in the writings of Blackstone. However, one can also Ž 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 http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Non-State Actors and International Law (continued in International Community Law Review) Brill

International law before national courts: Some problems from a common law perspective

Loading next page...
 
/lp/brill/international-law-before-national-courts-some-problems-from-a-common-4kCRoQqy2J
Publisher
Brill
Copyright
© 2004 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1567-7125
eISSN
1571-8077
D.O.I.
10.1163/157180704323129458
Publisher site
See Article on Publisher Site

Abstract

* 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 Ž nds propositions of that kind in the eighteenth century judgments of Lord MansŽ eld and indeed in the writings of Blackstone. However, one can also Ž 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

Journal

Non-State Actors and International Law (continued in International Community Law Review)Brill

Published: Jan 1, 2004

There are no references for this article.

You’re reading a free preview. Subscribe to read the entire article.


DeepDyve is your
personal research library

It’s your single place to instantly
discover and read the research
that matters to you.

Enjoy affordable access to
over 18 million articles from more than
15,000 peer-reviewed journals.

All for just $49/month

Explore the DeepDyve Library

Search

Query the DeepDyve database, plus search all of PubMed and Google Scholar seamlessly

Organize

Save any article or search result from DeepDyve, PubMed, and Google Scholar... all in one place.

Access

Get unlimited, online access to over 18 million full-text articles from more than 15,000 scientific journals.

Your journals are on DeepDyve

Read from thousands of the leading scholarly journals from SpringerNature, Elsevier, Wiley-Blackwell, Oxford University Press and more.

All the latest content is available, no embargo periods.

See the journals in your area

DeepDyve

Freelancer

DeepDyve

Pro

Price

FREE

$49/month
$360/year

Save searches from
Google Scholar,
PubMed

Create lists to
organize your research

Export lists, citations

Read DeepDyve articles

Abstract access only

Unlimited access to over
18 million full-text articles

Print

20 pages / month

PDF Discount

20% off