This book considers British influences on the development of international law over 100 years from 1915. This century has been marked by unprecedented developments in international law, not least the setting up of an array of international organisations, including the United Nations and the League of Nations, and international courts and tribunals (including the International Court of Justice and its predecessor the Permanent Court of International Justice, as well as the International Criminal Court). Two world wars, complex transboundary issues and increased globalisation have shown the importance of international law. This volume addresses these developments – domestic, regional and international - and looks at how Britain and British people (broadly defined) have influenced these changes.
The contributors to the book have examined an array of different issues. These include British influences on treaty-making, recognition and immunity, as well as on specific fields of international law, such as armed conflict, criminal law, environment and human rights. It has commentary on the British influence on the sources of international law, including by its courts and Foreign Office, in the development of the European Union and in the idea of a professional international lawyer. There are also reflections on many of the key people over the century.
The book provides a novel perspective, which surveys and appraises the contributions of British people and institutions in domestic and international legal forums and their key role in the development, interpretation and application of international law.
Professor Robert McCorquodale is Director of BIICL, Professor of International Law and Human Rights at the University of Nottingham and a barrister at Brick Court Chambers, London.
Dr. Jean-Pierre Gauci is the Research Coordinator in Public International Law at BIICL and the Director of The People for Change Foundation.
Table of contents
Gauci and McCorquodale From Grotius to Higgins: British Influences on International Law from 1915–2015;
Part I: Sources of International Law;
Tzanakapoulos The Influence of English Courts on the Development of International Law;
Jones Marking Foreign Policy by Justice: The Legal Advisers to the Foreign Office, 1876–1953;
Allott Britain and Europe: Managing Revolution;
Samuel British Influences on the Ideals of International Lawyers;
Part II: International Legal Responsibilities;
McCall-Smith British influence on the law of treaties;
Clark British Contributions to the concept of recognition during the inter-war period: Williams, Baty and Lauterpacht;
Webb British Contribution to the Law of State Immunity;
Anderson British Influence on the Law of the Sea 1915–2015;
Prost and Otomo British influences on international environmental law: the case of wildlife conservation;
Part III: International Human Rights Law;
Amos The Influence of British Courts on the Jurisprudence of the European Court of Human Rights;
Rodley The Contribution of British NGOs to the Development of International Law;
Higgins and Adanan Britain’s Influence on the Regulation of the Slave Trade in the Twentieth Century;
Part IV: War, Armed Conflict and International Criminal Law;
Tsagourias Contribution of British International Lawyers to the Law on the Use of Force;
Garrod The British Influence on the development of the laws of war and the punishment of war criminals: from the Grotius Society to the United Nations War Crimes Commission;
MusaThe British and the Nuremburg Trials;
Upcher Neutral and Beligerent Rights: the development of a British Position?;
Brennan Historical Reflections on the Criminalisation of Terrorism under International Law from the League of Nations to
R v. Mohammed Gul: How Britain has Swollen the Tide of Obscurity;
Part V: Individuals;
Collins The Progressive Conception of International Law: Brierly and Lauterpacht in the
Cryer International Law and the Illusion of Novelty: Georg Schwarzenberger;
Simpson Juridical Intervention: Martin Wight as International Lawyer;
Sands and Sarvarian The Contribution of the UK Bar to International Courts;
All interested in development of international law, in particular in the area of its creation, development and enforcement in the UK and worldwide. This includes international lawyers, government officials, legal and international relations scholars, diplomats and legal practitioners.