header-logo header-logo

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

A global view

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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll