Procedures in International Law
A Procedural Perspective in Law.- Procedures in International Law.- The Quest and the Notion.- National Legal Procedures.- Limiting National Jurisdiction by Procedural Means.- Substantive International Law Before National Fora.- International Legal Adjudication.- Alternative Methods of Dispute Resolution.- Conflicts Between Adjudicators Applying International Law.
How Supreme is the Supreme Law of the Land? A Comparative Analysis of the Influence of International Human Rights Conventions Upon the Interpretation of Constitutional Texts by Domestic Courts
International human rights law bears substantial resemblance to constitutional law as both bodies of law share similar social functions and goals. Still, courts in a number of influential legal systems, most notably in the U.S., have long resisted attempts to construe their constitutional texts in light of binding international human rights instruments. The article explores the largely inadequate degree of incorporation of international human rights treaty norms in the constitutional law of six common law countries (U.S., Canada, Australia, Israel, the U.K., and South Africa) and identifies the causes for judicial reluctance to fully incorporate international human rights law into constitutional law. The article then challenges the view that incorporation could violate constitutional principles, introduce legal disharmony and raise cultural and political objections. It posits that numerous legal policy considerations support incorporation at the constitutional level. Most importantly, it asserts that international human rights law requires such incorporation.
Ten Years of Public Interest Disclosure Legislation in the UK: Are Whistleblowers Adequately Protected?
Purpose The purpose of this article is to assess the operation of the UK’s Public Interest Disclosure Act 1998 (PIDA 1998) during its first 10 years and to consider its implications for the whistleblowing process. Method The article sets the legislation into context by discussing the common law background. It then gives detailed consideration to the statutory provisions and how they have been interpreted by the courts and tribunals. Results In assessing the impact of the legislation’s approach to whistleblowing both in the UK and elsewhere, the author draws upon empirical research. Conclusion The author concludes that PIDA 1998 has not adequately protected whistleblowers and makes 12 recommendations for change. Despite the European Commission’s acknowledgement that whistleblowers can play a part in the fight against corruption, the author notes that common standards for their protection still seem a long way off.