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Shadows In The Cave: The Nature Of International Law When It Appears Before English Courts

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Chapter Summary

This chapter examines some aspects of the relationship between International Law and English Law. Courts may refer to treaties in order to aid the construction of statutes; and there is a general principle that uncertainties in the law should be resolved where possible so as to fulfil rather than violate the United Kingdom's obligations under international law. The Arab Monetary Fund (AMF) case is drawn from the realm of treaty law; but the position of rules of customary international law before English courts is essentially similar. Communities make their own public orders and decide what conduct warrants repression by the State, what conduct warrants civil liability at the instance of victims, and what conduct is to be regarded as innocuous or as part of the rough and tumble of human existence.

Keywords: Arab Monetary Fund (AMF) case; customary international law; English courts; United Kingdom

10.1163/ej.9789004175877.i-594.36
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