NARROWING FOREIGN AFFAIRS NON-JUSTICIABILITY
نویسندگان
چکیده
Abstract The UK Supreme Court's decision in Belhaj v Straw defined foreign affairs non-justiciability and unearthed its constitutional foundations. However, two decisions since Belhaj—High Commissioner for Pakistan Prince Muffakham Jah Law Debenture Trust Corpn plc Ukraine —have called into doubt, narrowing to give effect ordinary private law rights. This article analyses these argues that their general approach of subjecting issues involving transactions between sovereign States international law's framework is desirable, because the foundations identified are shaky. Yet, it suggested itself may require courts exercise judicial restraint on issues, given goal upholding efficient resolution disputes appropriate fora.
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ژورنال
عنوان ژورنال: International and Comparative Law Quarterly
سال: 2021
ISSN: ['0020-5893', '1471-6895']
DOI: https://doi.org/10.1017/s0020589321000099