This chapter discusses international sources of law. Conventions and treaties are the primary sources of international law. International law also relies on custom; that is to say, informal rules that have been commonly agreed over a period of time. Resolving disputes in international law is very different to resolving domestic disputes, including the fact that in some instances there is no court that can hear a challenge. The United Nations, particularly its Security Council, has the primary role in upholding international law, meaning that it is often political rather than judicial resolution. In 1972, the United Kingdom joined the (then) European Economic Community (EEC). As part of that process, it agreed to shared sovereignty, meaning that in some areas European law would take precedence. The United Kingdom has now left the European Union but, as will be seen, its laws will remain an important source of English law for some time.
Chapter
4. International Sources of Law
Book
Mark Thomas and Claire McGourlay
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. English Legal Systems Concentrate starts with an introduction to the English legal system (ELS). It then looks at sources of law: domestic legislation, case law, and the effect of EU and international law. The text also examines the court structure. It then looks at personnel of the ELS. It moves on to consider the criminal justice system and the civil justice system. After that, it looks at funding access to the ELS. Finally, it looks to the future of the ELS.
Chapter
5. Sources of Law III: Effect of EU and International Law
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.
