The Common Law: Its Influence on Anticipating the Future Public Order of the World Community and International Law

2017 ◽  
pp. 1-14
Author(s):  
Winston P. Nagan ◽  
Craig Hammer
1996 ◽  
Vol 45 (3) ◽  
pp. 633-661 ◽  
Author(s):  
Nelson Enonchong

The English courts have often incurred the reproach of undue insularity in their attitude to foreign law.1 A common gripe is that they have failed to recognise that there is a world elsewhere, and that England is not “a legal island”.2 Savigny, we are told,3 was moved to lament over the fact that although in other branches of knowledge there was an internationalist outlook in England, in the field of jurisprudence alone it “remained divided from the rest of the world, as if by a Chinese wall”. Recently it has been suggested that “The foundation of this Chinese wall… lay … in an unquestioning belief in the superiority of the common law and its institutions, at least in England.”4 It would be unsafe to affirm that the charge of insularity has always been without foundation. The “Little England”5 attitude of mind, Roskill LJ reminds us,6 was “once proclaimed in the phrase ‘Athanasius contra mundum’”. And it should occasion no surprise that the examples commonly advanced to substantiate the charge are usually drawn from private international law.7


1913 ◽  
Vol 13 (7) ◽  
pp. 595
Author(s):  
Robert Ludlow Fowler
Keyword(s):  

2021 ◽  
Vol 3 (2) ◽  
Author(s):  
Dr. Rani Erum

Anti-Muslim emotions are not new for the world. It was present since the rise of Islam. West was furious after facing Muslims in battle ground and constantly defeated by those who were less equipped but obtained high morals. Initially they were frightened due to the novelty and unique approach of faith and its execution, therefore, they try to fabricate the original manuscripts, making false stories and molesting the last prophet’s life history. Islamophobia transformed after 9/11 and become more intensified and dangerous. It effected the common men worldwide without any boundaries. The respective research is based on the fact that hatred is the negative notion whether it related with nobility or wicked perception. It creates harmful effects on human psychology which subsequently created abusive mindset and actions. When any form of ideology identified as phobia means uncontrolled envy combine with the concept and turn it into a form of frenzied connotation. The fight between East and West was ancient which now convert among religions particularly Islam and others. The research is intend to provide the journey of anti-Islamism from past to present as well its significant elements and its present state. It also discusses the future prospects of clash of religions.  


1999 ◽  
Vol 29 (1) ◽  
pp. 27 ◽  
Author(s):  
Kenneth J Keith

The Right Honourable Sir Kenneth Keith was the fourth speaker at the NZ Institute of International Affairs Seminar. In this article he describes and reflects upon the role of courts and judges in relation to the advancement of human rights, an issue covered in K J Keith (ed) Essays on Human Rights (Sweet and Maxwell, Wellington, 1968). The article is divided into two parts. The first part discusses international lawmakers attempting to protect individual groups of people from 1648 to 1948, including religious minorities and foreign traders, slaves, aboriginal natives, victims of armed conflict, and workers. The second part discusses how from 1945 to 1948, there was a shift in international law to universal protection. The author notes that while treaties are not part of domestic law, they may have a constitutional role, be relevant in determining the common law, give content to the words of a statute, help interpret legislation which is in line with a treaty, help interpret legislation which is designed to give general effect to a treaty (but which is silent on the particular matter), and help interpret and affect the operation of legislation to which the international text has no apparent direct relation. 


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