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 |
| fields | @attributes: recordID: 1 pdfLink: plink: https://search.ebscohost.com/login.aspx?direct=true&db=hlh&AN=32100476&site=ehost-live header: @attributes: shortDbName: hlh uiTerm: 32100476 longDbName: Humanities International Complete uiTag: AN controlInfo: bkinfo: jinfo: jid: 00267961 D8H jtl: Modern Law Review issn: 00267961 maglogo: Y pubinfo: dt: May2007 vid: 70 iid: 3 pid: 480 pub: Wiley-Blackwell artinfo: ui: 32100476 10.1111/j.1468-2230.2007.00647.x ppf: 458 ppct: 14 formats: fmt: @attributes: type: P size: 155KB tig: atl: The Court as Gatekeeper: Customary International Law in English Courts. aug: au: Capps, Patrick affil: School of Law, University of Bristol. su: International law Courts Civil disobedience Criminal liability (International law) Judgment (Psychology) International relations policy Transvaal (South Africa) South Africa United Kingdom sug: subj: Transvaal (South Africa) South Africa United Kingdom International law Courts Civil disobedience Criminal liability (International law) Judgment (Psychology) International relations policy ab: 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. pubtype: Academic Journal doctype: Article src: R language: English refInfo: copyright: @attributes: flag: Y custom: Copyright of Modern Law Review is the property of Wiley-Blackwell and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. item: Modern Law Review holder: Wiley-Blackwell dt: @attributes: year: 2007 holdings: @attributes: islocal: N |
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