header-logo header-logo

A global view

09 March 2012 / Khawar Qureshi KC
Issue: 7504 / Categories: Features , Public
printer mail-detail

Khawar Qureshi QC reports on the recent leading cases involving public international law & the English courts

There has been a surge in public awareness of public international law (PIL) in recent years, as well as a marked increase in the number of cases before domestic courts where PIL issues have been raised. The main factors for this include:

  • Significant activity of the UN Security Council (UNSC) in passing sanctions resolutions directed to alleged terrorist funding and so-called “rogue” states.
  • The invocation of English Court jurisdiction to address matters arising out of the military interventions in Iraq and Afghanistan.
  • Claims for diplomatic or sovereign/state immunity to prevent the courts from exercising jurisdiction to consider claims, or effect enforcement of judgments or arbitral awards.

In 2011, there were 179 cases identified in the Lawtel database as involving international law. However, most of these concern private international law (conflict of laws) issues. Upon closer examination, around 15 of the cases concerned substantive PIL issues.

In this article, we will consider six cases relating to

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
back-to-top-scroll