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Questions and Answers
What is the general requirement for treaties to have internal effects in British law?
What is the general requirement for treaties to have internal effects in British law?
Treaties do not bind British courts ipso facto; legislation is required for creating internal effects.
List two conditions under which a treaty requires parliamentary approval in the UK.
List two conditions under which a treaty requires parliamentary approval in the UK.
A treaty requires parliamentary approval if it affects private rights of British subjects or involves modification of common law.
What happens to earlier conflicting statutes when a treaty has been legislated?
What happens to earlier conflicting statutes when a treaty has been legislated?
The treaty prevails over an earlier conflicting statute.
Under what circumstance do treaties not require legislation according to British practice?
Under what circumstance do treaties not require legislation according to British practice?
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What is the prima facie assumption regarding Parliament's intent when enacting legislation related to a treaty?
What is the prima facie assumption regarding Parliament's intent when enacting legislation related to a treaty?
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What type of constitution does the United Kingdom have?
What type of constitution does the United Kingdom have?
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Who carries out the conduct of foreign affairs in the UK?
Who carries out the conduct of foreign affairs in the UK?
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What doctrine did Sir William Blackstone propose regarding customary international law?
What doctrine did Sir William Blackstone propose regarding customary international law?
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What significant shift occurred in the British court's approach to customary international law in the late nineteenth century?
What significant shift occurred in the British court's approach to customary international law in the late nineteenth century?
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In R v.Keyn (The Franconia's case), what was the court's ruling on jurisdiction over a crime committed by a foreigner?
In R v.Keyn (The Franconia's case), what was the court's ruling on jurisdiction over a crime committed by a foreigner?
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How did the Territorial Waters Jurisdiction Act of 1878 affect the court's decision in R v.Keyn?
How did the Territorial Waters Jurisdiction Act of 1878 affect the court's decision in R v.Keyn?
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What did the court state in the West Rand Gold Mining Co. v. R case regarding the consent of civilized nations?
What did the court state in the West Rand Gold Mining Co. v. R case regarding the consent of civilized nations?
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What is the significance of the transition from the incorporation to the transformation doctrine?
What is the significance of the transition from the incorporation to the transformation doctrine?
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What are the two main qualifications for customary international law to become part of British law?
What are the two main qualifications for customary international law to become part of British law?
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Explain the doctrine of precedent or stare decisis in the context of international law in Britain.
Explain the doctrine of precedent or stare decisis in the context of international law in Britain.
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What are some areas where British courts deny the direct application of international law?
What are some areas where British courts deny the direct application of international law?
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What is required for a treaty to have internal effect in British law?
What is required for a treaty to have internal effect in British law?
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How does the House of Lords' decision in Maclaine Watson v. Department of Trade clarify the status of treaties in British law?
How does the House of Lords' decision in Maclaine Watson v. Department of Trade clarify the status of treaties in British law?
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What does the term 'res inter alios acta' signify in the context of treaties for individuals?
What does the term 'res inter alios acta' signify in the context of treaties for individuals?
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What role does the Crown play in the making of treaties in Britain?
What role does the Crown play in the making of treaties in Britain?
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In what instance can a new customary international law rule be considered binding, despite a previous established rule?
In what instance can a new customary international law rule be considered binding, despite a previous established rule?
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Study Notes
UK Legal System - Constitution and International Law
- The UK does not have a written constitution
- Parliament has supreme power to make and change laws
- Treaty making and foreign policy are the Crown's prerogative (carried out by the government)
- The government is accountable to Parliament
Customary International Law
- British courts have followed customary international law since the 18th century
- Blackstone's doctrine (incorporation doctrine): international law is part of English common law
- 18th-century courts applied the principle that international law is part of English law
- Late 19th century, a shift to "transformation" (a treaty has to be enacted by British law before it applies to English courts), rather than "incorporation".
R v. Keyn (The Franconia's case)
- German ship collided with a British ship.
- Collision occurred within 3 miles of English coast
- Court did not uphold jurisdiction based on incorporation doctrine
- Parliament later reversed this decision with the Territorial Waters Jurisdiction Act (1878).
International Law in the UK Legal System
- Statutes, executive acts, and custom regarding international law are all important in UK law
- Acts of state, such as declaring war, are not subject to judgments by British courts, regardless of whether international law is violated.
- Diplomatic status, for example, cannot be questioned in British courts unless the executive certifies otherwise.
Treaties in the UK Legal System
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Treaties ( international agreements) are not automatically binding British law
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Treaties do not affect the private rights of British citizens unless the actions of a British court would affect such rights
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An Act of Parliament is needed to create obligations from treaties in UK.
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Treaties involving the cession of territory must be approved by Parliament.
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Treaties that are not conflicting with existing laws do not require an act of Parliament.
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Any treaty's interpretation needs to be consistent with international law principles.
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Description
Explore the intricacies of the UK legal system, focusing on the relationship between its unwritten constitution and international law. Learn about the roles of Parliament and the Crown in law-making and the evolution of customary international law in British courts. Review landmark cases such as R v. Keyn concerning jurisdiction and treaty application.
