INTERNATIONAL LAW BEFORE UNITED KINGDOM COURTS: A QUIET REVOLUTION

Abstract

AbstractIn the 36 years since Francis Mann published Foreign Affairs in English Courts, the engagement of the United Kingdom courts with issues of international law has greatly increased. This article addresses the reasons underlying this trend and identifies four key developments: first, the nature of international law has evolved to embrace individuals as subjects; second, the Human Rights Act 1998 has had a profound influence, often requiring domestic courts to rule on matters of international law in order to give effect to the European Convention on Human Rights; third, in recent decades there has been a growing willingness on the part of courts in the United Kingdom to address and investigate the conduct of foreign States and issues of public international law; and fourth, these developments have been accompanied by a shift in attitudes to the relationship between customary international law and the common law.