국제법
조약, 국제관습법, 인도주의법, 국가면제 및 외교특권.
소개
International law governs relations between states. The UK is a dualist state — treaties require an Act of Parliament for domestic effect. Customary international law is part of the common law. Key areas include state immunity, diplomatic privilege, and the Geneva Conventions.
핵심 원칙
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.
핵심 법령
State Immunity Act 1978
International Criminal Court Act 2001
일반적인 시나리오
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.