国际法
条约、国际习惯法、人道主义法、国家豁免和外交特权。
简介
国际法通过条约和惯例规范国家与国际组织之间的关系。
In Brief
International law governs relations between states. The UK is a dualist state — treaties only become domestic law when incorporated by Parliament (e.g. the ECHR via the Human Rights Act 1998). Customary international law forms part of the common law. Foreign states enjoy immunity from UK courts under the State Immunity Act 1978, subject to exceptions for commercial activity and employment. Diplomatic agents are personally immune under the Vienna Convention (Diplomatic Privileges Act 1964), but immunity can be waived by the sending state.
核心原则
Dualism — Treaties require statutory incorporation (e.g., HRA 1998 incorporating the ECHR).
Customary International Law — Part of common law unless inconsistent with statute.
State Immunity — Foreign states are generally immune from UK jurisdiction (State Immunity Act 1978).
Diplomatic Immunity — Diplomatic agents are immune (Diplomatic Privileges Act 1964).
Geneva Conventions — Protect civilians and combatants in armed conflict (Geneva Conventions Act 1957).
International Criminal Court — ICC Act 2001 creates domestic offences of genocide, crimes against humanity, and war crimes.
关键法规
State Immunity Act 1978
International Criminal Court Act 2001
重要判例
Jones v Ministry of Interior
[2006] UKHL 26
R (Al-Skeini) v Secretary of State
[2007] UKHL 26
常见情景
Foreign embassy refuses to pay employees
State immunity generally protects embassies, but SIA 1978 s.4 provides an exception for employment contracts with UK nationals/residents.
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Frequently Asked Questions
Does international law apply in UK courts?
The UK is a dualist state — international treaties only become domestic law if incorporated by Parliament. The ECHR is incorporated via the Human Rights Act 1998; the UN Convention on the Rights of the Child is not directly incorporated but is treated as a relevant consideration. Customary international law is part of the common law and applies in UK courts unless inconsistent with statute.
What is diplomatic immunity and can it be waived?
Diplomatic agents accredited to the UK have personal inviolability and immunity from criminal and civil jurisdiction under the Vienna Convention on Diplomatic Relations 1961 (Diplomatic Privileges Act 1964). Immunity can be waived by the sending state, not by the diplomat personally. The UK can declare a diplomat persona non grata and require their removal, but cannot prosecute them without waiver.
What is the International Criminal Court and can UK nationals be prosecuted there?
The International Criminal Court (ICC) has jurisdiction over genocide, crimes against humanity, and war crimes committed after 1 July 2002. The ICC Act 2001 creates these as domestic offences in the UK. The ICC operates on complementarity — it only acts if the national state is unwilling or unable to prosecute. UK nationals can be prosecuted at the ICC if UK courts fail to act, but this has not occurred.
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