The Court as Gatekeeper: Customary International Law in English Courts.
The article discusses the position of the court as a gatekeeper in relation to several cases regarding customary international law in English courts. The first case discussed, is the Jones and Milling case in which individuals engaged in acts of civil disobedience to avoid criminal liability appeale...
| Publicado en: | Modern Law Review Vol. 70; no. 3; pp. 458 - 472 |
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| Formato: | Artículo |
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Wiley-Blackwell
May2007
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| Acceso en línea: | Ver este registro en EBSCOhost |
| Sumario: | The article discusses the position of the court as a gatekeeper in relation to several cases regarding customary international law in English courts. The first case discussed, is the Jones and Milling case in which individuals engaged in acts of civil disobedience to avoid criminal liability appealed to standards found in international law. The West Rand Central Gold Mining Co. case was concerned with the liabilities which Great Britain had incurred as a result of its conquest and annexation of the territories of the South African Republic. The distinction between being a part of and a source of English law was not clearly made in this case. In the Jones and Milling case, the court asked to pass judgment on the policies of the executive in foreign affairs. |
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