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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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NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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