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Using International Law in Domestic Courts - Shaheed Fatima

Using International Law in Domestic Courts

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International law is increasingly referred to and utilised in English courts, in fields as diverse as criminal proceedings, children's rights, tort law, and asylum cases. Despite this use, there is currently no book on the market (whether a practitioner text or otherwise) which addresses this subject-matter in detail. Hence the need for this book - by a practitioner and for practitioners, regardless of their specialist area of practice - on how international law is and can be used in the domestic courts. The book presents in a distilled format the relevant principles of law, and their application, in this area and provide a guide to relevant international instruments and the way(s) in which these instruments have been referred to or used in English courts. While the emphasis is on stating the law as it is, the author also identifies the principles which are likely to guide practitioners in an otherwise unstructured area, supported by specific examples which will provide a subject guide to relevant instruments and sources and how they can be used.

For the busy practitioner this book will prove an invaluable tool because not only are the citations present but also extracted - case book style - are the key passages that will be needed...an indispensable work that does something new, original and different to all the main textbooks on international law. Shaheed Fatima has rightly identified an unfulfilled legal need and meets it. Mark Stephens New Law Journal 155 NLJ 1667; 4 Nov. 05; 2005 Fatima's book is a vital contribution. It can assist the work of international and regional organisations involved in training programmes for judges, prosecutors and public defence lawyers in an effort to familiarise them with international law precepts...an important addition to the bookshelf. Its fascinating and comprehensive overview of the UK experience, which can be extended to a wide variety of settings, is welcome. Agata Fijalkowski The King's College Law Journal, Vol 17, Issue 1 2006 ...a remarkable survey of recent cases...Fatima guides the reader through this immense body of case law with layers of meticulous subheadings prefaced by instructive commentary. The result is an impressive compilation for which practitioners in particular will be grateful. Gib Van Ert The Cambridge Law Journal Volume 65, July 2006 It is difficult to think of anyone better qualified than Shaheed Fatima to write [this book]. She has been immersed in the subject, as academic, in-house adviser and private practitioner...This book will prove invaluable to practitioners and judges...Above all, it does justice to the full range of the kinds of legal proceedings in which international law points may have to be considered, from aviation law to employment law and family law. Rabinder Singh QC Judicial Review March 2006 ...an invaluable source for both newcomers to the area and experienced practitioners...The author's scholarship is extremely impressive: it seems that no domestic case containing any discussion of international law has escaped, and the domestic cases are supplemented by numerous international and comparative examples...Using International Law in Domestic Courts is an important book and achieves its aims of providing a clear, accessible but comprehensive reference point for the increasing number of lawyers whose practice raises questions of international law. Alison Macdonald European Human Rights Law Review

International law in domestic practice areas
Sources of international law
Incorporating statues
Interpreting treaties : general principles
Interpreting treaties : supplementary means
The European Communities Act 1972 : a directly incorporating statute
The Human Rights Act 1998 : an indirectly incorporating statute
Unincorporated treaties
Unincorporated treaties and legislation
Unincorporated treaties and common law
Unincorporated treaties, discretion and legitimate expectations
Judicial restraint and act of state
Customary international law
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9781841135151
ISBN-10: 1841135151
Audience: BAC
Format: Hardcover
Language: English
Number Of Pages: 504
Published: 4th October 2005
Country of Publication: GB
Dimensions (cm): 23.4 x 15.6  x 3.9
Weight (kg): 0.86
Edition Number: 1