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12 February 2009 / Khawar Qureshi KC
Issue: 7356 / Categories: Features , Public , Human rights
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International rescue

Part one: Khawar Qureshi QC charts the growth of public international law before the English courts

'State behaviour is likely to be placed under the PIL microscope to an increasingly greater extent'

In 2001 I wrote an article about the likely increase in cases before the English courts where parties sought to invoke public international law (PIL), (see 151 NLJ 787, p 787). I based my observation upon the proliferation of treaties between states, increasing diversity of economic activity being engaged in by states and state entities, together with more frequent binding resolutions being promulgated by the United Nations Security Council (UNSC) from the mid-1990s onwards which would need to be given effect to under domestic law and considered by the courts.
However, despite the increase in awareness and use of PIL, PIL has also been the object of strong criticism, as being more often abused by states (which are its essential subjects) as opposed to being adhered to. Such criticism is largely misplaced. A vast amount of trouble-free interaction takes place at the

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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