International law isn’t enforceable and doesn’t supersede sovereignty like the EU does. Plenty of countries violate international law (most of them) with nearly no repercussions.
> 327. In the High Court and the Court of Appeal NIHRC relied on a number of international treaties and judgments, decisions and general statements of treaty bodies. Horner J dealt with these in a section of his judgment entitled “International Law and Obligations”between paras 59 and 71. Again, I find myself in agreement with the judge in his observations and I do not repeat them. The Court of Appeal did not deal with these arguments.
> 328. Although the traditional and orthodox view is that courts do not apply unincorporated international treaties (JH Rayner (Mincing Lane) Ltd v Department of Trade and Industry [1990] 2 AC 418, per Lord Oliver at 499 and R (Miller) v Secretary of State for Exiting the European Union[2018] AC 61), as Lord Hughes stated in R (SG) v Secretary of State for Work and Pensions(Child Poverty Action Group intervening)[2015] 1 WLR 1449, para 137, such treaties may be relevant in a number of ways. NIHRC relies on the third of these, namely, where the court is applying ECHR via the HRA. As Lord Hughes observed, the ECtHR has accepted that, in appropriate cases, the Convention “should be interpreted ... in the light of generally accepted international law in the same field”. Similar propositions are to be found in Convention jurisprudence, most notably, Demir v Turkey(2008) 48 EHRR 1272, para 69; Neulinger v Switzerland (2010) 54 EHRR31,para 131
Nothing you provided refuted my point. Governments are under no authoritative obligation to obey international law, they do so voluntarily.
The EU does have sovereignty over its member governments. EU statutes take precedence over member governments statutes in nearly every area of life that matters. The UK government cannot override any EU law except through leaving the EU altogether. A government that doesn’t have full control over policy in its own territory is not a sovereign government.
The EHCR is not a sovereign supernational political entity. It’s an agreement to which the UK govt. voluntarily conforms.
The UK merely being able to make voluntary agreements with other countries is not a loss of sovereignty. Being a member of the EU, however, cedes supreme lawmaking power to a higher political institution.
DanBC|6 years ago
> International law and standards
> 327. In the High Court and the Court of Appeal NIHRC relied on a number of international treaties and judgments, decisions and general statements of treaty bodies. Horner J dealt with these in a section of his judgment entitled “International Law and Obligations”between paras 59 and 71. Again, I find myself in agreement with the judge in his observations and I do not repeat them. The Court of Appeal did not deal with these arguments.
> 328. Although the traditional and orthodox view is that courts do not apply unincorporated international treaties (JH Rayner (Mincing Lane) Ltd v Department of Trade and Industry [1990] 2 AC 418, per Lord Oliver at 499 and R (Miller) v Secretary of State for Exiting the European Union[2018] AC 61), as Lord Hughes stated in R (SG) v Secretary of State for Work and Pensions(Child Poverty Action Group intervening)[2015] 1 WLR 1449, para 137, such treaties may be relevant in a number of ways. NIHRC relies on the third of these, namely, where the court is applying ECHR via the HRA. As Lord Hughes observed, the ECtHR has accepted that, in appropriate cases, the Convention “should be interpreted ... in the light of generally accepted international law in the same field”. Similar propositions are to be found in Convention jurisprudence, most notably, Demir v Turkey(2008) 48 EHRR 1272, para 69; Neulinger v Switzerland (2010) 54 EHRR31,para 131
EU doesn't supersede sovereignty.
Your points haven't addressed ECHR.
coolplants|6 years ago
The EU does have sovereignty over its member governments. EU statutes take precedence over member governments statutes in nearly every area of life that matters. The UK government cannot override any EU law except through leaving the EU altogether. A government that doesn’t have full control over policy in its own territory is not a sovereign government.
The EHCR is not a sovereign supernational political entity. It’s an agreement to which the UK govt. voluntarily conforms.
The UK merely being able to make voluntary agreements with other countries is not a loss of sovereignty. Being a member of the EU, however, cedes supreme lawmaking power to a higher political institution.