4. Sources of Law III: Effect of EU and International Law

2017 ◽  
Author(s):  
Mark Thomas ◽  
Claire McGourlay
Keyword(s):  
International Law ◽  
International Institutions ◽  
European Convention ◽  
Private International Law ◽  
Direct Impact ◽  
Public And Private ◽  
Essential Information ◽  
Fundamental Freedoms ◽  
The Face ◽  
The Uk

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This chapter discusses the effect of EU and international law. The UK is a signatory to multiple international institutions. Each of these institutions sets a framework for the UK to operate within, granting certain rights, benefits, and obligations. The most prominent institutions are the EU, the European Convention on Human Rights and Fundamental Freedoms (ECHR), and the United Nations. Although the UK's continued involvement in these institutions will have a direct impact on the operation of UK law, relations with other states, whether they be good or bad, will also shape the face of the English legal system. The chapter then studies international law, considering basic matters such as the meaning of international law, the doctrine of state sovereignty, and the distinction between public and private international law.

5. Sources of Law III: Effect of EU and International Law

2020 ◽  
pp. 111-140
Author(s):  
Mark Thomas ◽  
Claire McGourlay
Keyword(s):  
International Law ◽  
International Institutions ◽  
European Convention ◽  
Private International Law ◽  
Direct Impact ◽  
Public And Private ◽  
Essential Information ◽  
Fundamental Freedoms ◽  
The Face ◽  
The Uk

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This chapter discusses the effect of EU and international law. The UK is a signatory to multiple international institutions. Each of these institutions sets a framework for the UK to operate within, granting certain rights, benefits, and obligations. The most prominent institutions are the EU, the European Convention on Human Rights and Fundamental Freedoms (ECHR), and the United Nations. Although the UK’s continued involvement in these institutions will have a direct impact on the operation of UK law, relations with other states, whether they be good or bad, will also shape the face of the English legal system. The chapter then studies international law, considering basic matters such as the meaning of international law, the doctrine of state sovereignty, and the distinction between public and private international law.

5. International law and environmental protection

2017 ◽  
Author(s):  
Stuart Bell ◽  
Donald McGillivray ◽  
Ole W. Pedersen ◽  
Emma Lees ◽  
Elen Stokes
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
Environmental Law ◽  
Private International Law ◽  
Direct Impact ◽  
International Treaties ◽  
National Legislation ◽  
The Law ◽  
The Uk ◽  
Domestic Law

This chapter describes the development, scope, and application of international environmental law, which has expanded significantly since the late 1960s. The focus is on international treaties relating to environmental protection. The chapter is restricted to discussing public, rather than private, international law—that is, the law between states, rather than the conflict of legal systems. International law has often been regarded as something rather closer to international relations due to the fact that there is no single body with the power to make and enforce law against states, companies, or individuals effectively. In the UK, international law does not necessarily have a direct impact on domestic law or on individuals. Treaties need to be given effect to through national legislation and are concerned with the action of states, not individuals within states—with some notable exceptions, such as the law on war crimes.

3.1 The definition of a treaty and its legal effects 5.3.1.1 Definition A treaty is a political agreement between two or more States. Treaties, conventions, charters, codes and agreements are in fact all treaties as defined by the Vienna Convention (despite the differing terms used). The sole difference between a convention and an agreement is that an agreement is usually signed by Heads of Government with no intention that it should be subsequently ratified by the State (for the meaning of ratification and the significance of signing, see below). A bilateral treaty is between two States, a multi-lateral treaty is concluded between more than two States. 5.3.1.2 Legal effect A treaty is only subject to international law and has no effect on the English legal system unless specific legislation is passed by the UK Parliament allowing the provisions of the Treaty to have such an effect. If there is the political will to translate any part of the treaty into English law this has to be specifically done by placing all, or part, of the treaty into legislation. Otherwise it merely remains a treaty at the international political level with absolutely no legal effects in the UK. It may, depending on its nature, be enforceable against Contracting States under international law. 5.3.1.3 Naming a treaty Every treaty has a formal name (which is usually abbreviated) and in addition many treaties are by custom referred to by the place where the treaty was signed! This can be confusing; check out the examples below in Figure 5.1, below. Figure 5.1: naming complexities 1 The Treaty on European Union 1992 (establishing the European Union) (a) Formal name: the Treaty on European Union 1992 (b) Abbreviation: TEU 1992 (c) Place of signing—Maastricht: It is therefore also called the Treaty of Maastricht. (Note: there was a second Treaty on European Union in 1997 (TEU 1997). Place of signature: Amsterdam, and referred to as the Treaty of Amsterdam. These similar names have to be distinguished by date and place of signature.) 2 The European Convention on Human Rights and Fundamental Freedoms 1951 (a) Formal name of treaty: The European Convention on Human Rights and Fundamental Freedoms. (b) Tends to be called The European Convention on Human Rights or the Convention. (c) Abbreviation: ECHR (d) Place of signature: London. But this is never used. (Note: this is an example of another word for treaty—a convention.)

2012 ◽  
pp. 129-129
Keyword(s):  
European Union ◽  
Human Rights ◽  
International Law ◽  
European Convention ◽  
Vienna Convention ◽  
The European Union ◽  
Fundamental Freedoms ◽  
Definition Of ◽  
The Uk ◽  
Treaty Of Amsterdam

Feminist Dialogues on International Law

2019 ◽  
Author(s):  
Gina Heathcote
Keyword(s):  
International Law ◽  
Global Governance ◽  
International Institutions ◽  
Law Reform ◽  
Black British ◽  
The Uk ◽  
The Impact

Reflecting on recent gender law reform within international law, this book examines the nature of feminist interventions to consider what the next phase of feminist approaches to international law might include. To undertake analysis of existing gender law reform and future gender law reform, the book engages critical legal inquiries on international law on the foundations of international law. At the same time, the text looks beyond mainstream feminist accounts to consider the contributions, and tensions, across a broader range of feminist methodologies than has been adapted and incorporated into gender law reform including transnational and postcolonial feminisms. The text therefore develops dialogues across feminist approaches, beyond dominant Western liberal, radical, and cultural feminisms, to analyse the rise of expertise and the impact of fragmentation on global governance, to study sovereignty and international institutions, and to reflect on the construction of authority within international law. The book concludes that through feminist dialogues that incorporate intersectionality, and thus feminist dialogues with queer, crip, and race theories, that reflect on the politics of listening and which are actively attentive to the conditions of privilege from which dominant feminist approaches are articulated, opportunity for feminist dialogues to shape feminist futures on international law emerge. The book begins this process through analysis of the conditions in which the author speaks and the role histories of colonialism play out to define her own privilege, thus requiring attention to indigenous feminisms and, in the UK, the important interventions of Black British feminisms.

Schemes of Arrangement: Law and Practice

2012 ◽  
Author(s):  
Geoff O’Dea ◽  
Julian Long ◽  
Alexandra Smyth
Keyword(s):  
International Law ◽  
Case Law ◽  
Private International Law ◽  
Sources Of Information ◽  
Foreign Companies ◽  
Pros And Cons ◽  
English Law ◽  
The Law ◽  
The Uk

This new guide to schemes of arrangement draws together all of the elements of the law and practice concerning both creditor and member schemes. Member schemes of arrangement have become the preferred method of implementing takeovers in the UK. Creditor schemes of arrangement are increasingly used in restructuring matters and the trend in their usage in foreign companies is likely to continue as many credit documents across Europe are arranged and underwritten in London under English law. The book considers the effect given to an English scheme in foreign jurisdictions, and other Private International Law issues. A major issue for those considering a scheme for creditors is whether a scheme or CVA (Company Voluntary Arrangement) is more appropriate and this book assists the reader by including an analysis of the pros and cons of schemes and CVAs. There are very few sources of information on schemes of arrangement and the area takes much of its substance from case law. This book, addressing the law and practical issues faced by practitioners on a day-to-day basis, is a first in the field.

Jurisprudence and Jurists’ Prudence: The Iranian-Forum Clause Decisions of the Iran-U.S. Claims Tribunal

1984 ◽  
Vol 78 (1) ◽  
pp. 1-52 ◽  
Author(s):  
Ted L. Stein
Keyword(s):  
International Law ◽  
Private International Law ◽  
Public And Private ◽  
The Future ◽  
Effective System ◽  
Contractual Obligations ◽  
Contractual Choice ◽  
The Relationship

On November 5, 1982, the Iran-U.S. Claims Tribunal decided a series of nine cases presenting issues of the greatest significance for the future course of that Tribunal’s work. The issue for decision in each case was the effect of a contractual choice-of-forum clause on the Tribunal’s own jurisdiction, an issue likely to arise in a great many cases. Squarely presented were issues pertaining to the relationship between public and private international law, the content of a state’s obligation under international law to maintain an adequate and effective system of local remedies, and the scope of “changed circumstances” as a ground for release from contractual obligations.

Identity in Postgenomic Times: Epigenetic Knowledge and the Pursuit of Biological Origins

2022 ◽  
pp. 016224392110691
Author(s):  
Sonja van Wichelen
Keyword(s):  
International Law ◽  
Assisted Reproduction ◽  
Genetic Knowledge ◽  
Private International Law ◽  
Public And Private ◽  
Donor Conception ◽  
Legal Contexts ◽  
The Right ◽  
Gestational Surrogacy

As genetic knowledge continues to strengthen notions of identity in Euro-American societies and beyond, epigenetic knowledge is intervening in these legitimation frameworks. I explore these interventions in the realm of assisted reproduction—including adoption, donor conception, and gestational surrogacy. The right to identity is protected legally in many states and receives due attention in public and private international law. Originating from the context of adoption, donor-conceived and surrogacy-born persons have recently demanded the same protections and focused on the right to genetic knowledge. This article explores possible implications of epigenetic knowledge on identity. I start by articulating the deep influence of genetics on the notion of identity, and how this unfolds in legal contexts. Next, I examine how epigenetic findings that stress the importance of seeing biological life as situated and embedded in environments can challenge how adoption, donor conception, and gestational surrogacy are experienced and understood. While I argue that epigenetic knowledge can reify identity with the same determinism underpinning genetics, it can also allow for more biosocial understandings of identity that consider history and experience as entangled with biology.

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