View Single Post
Old 16-09-2020, 20:52   #3953
Mick
Cable Forum Team
 
Mick's Avatar
 
Join Date: Jun 2003
Posts: 15,139
Mick has a nice shiny starMick has a nice shiny starMick has a nice shiny starMick has a nice shiny star
Mick has a nice shiny starMick has a nice shiny starMick has a nice shiny starMick has a nice shiny starMick has a nice shiny starMick has a nice shiny starMick has a nice shiny starMick has a nice shiny starMick has a nice shiny star
Re: Brexit-Transitional Period Ends 31/12/20

Quote:
Originally Posted by Pierre View Post
If it is being argued that international treaties cannot be amended, adjusted, tweaked etc.

Then could Germany please pay us the £234 Billion they owe us, before the treaty of Versailles was amended?
Germany and Merkel need to stfu.

Germany has a Constitution that it would put first over International treaties.

Here is a very good article from the Spectator from a few days ago...

"Why didn't the EU punish Germany, when it broke international law?"

https://www.spectator.co.uk/article/...rnational-law-

Quote:

Boris Johnson's proposal to break international law 'in a specific and limited way' has sparked uproar. But do you remember when the UK broke the Geneva Convention? Oh. Well we did. The government ratified the Geneva Convention on the Sea on 10 September 1964. From then the UK was bound forever by the treaty and bound by international law. On 25 September 1964, we were not. No explanation was given. No explanation was asked.

Our Judge who ruled in favour of the government when it broke the Geneva Convention of the Sea, said this:

'the Crown [The Government] has a sovereign right, which the court cannot question, to change its policy, even if this involves breaking an international convention to which it is a party and which has come into force so recently as fifteen days before'.

That Judge became Lord Diplock and he was, one of our very best judges. He was utterly silent on whether or not he thought that example of breaking international law was good or bad – silent because it is a question of politics. Obeying this law is part of our Rule of Law. In a way some may find confusing, that may mean we must obey this law – that we can break international law.

Most of us know the experience. At a party or at the school gate, someone says 'I really must tell you my political opinion'. Though the eyes may thin a smile is forced. The words 'must you?' are never said out loud.

It had been the policy of lawyers to avoid politics when discussing the law – to be free to give a personal political opinion of course, but to also keep our legal opinions free of our politics. It is extremely difficult to do regarding international law. What then is a possible solution?

There are endless examples of breaches of international law by the 193 nations. The UK is, rightly, one of the good guys. It is my view that the solution is to simply copy Germany. Germany’s constitution puts international law on the highest footing – at least expressly, because if I am right and ours moves to copy it them then ours will too.
Similarly, the United States and the US Supreme Court does not regard the findings of international courts of justice as binding.
Mick is offline