International custom remains one of the most important sources of international law despite the codification of the law and the numerous international agreements concluded between the different actors of the international community. However, uncertainties still remain in relation to several of its aspects, presenting challenges to national and international judges when called upon to identify and apply the rules of customary international law. With a view to addressing these grey areas, the Council of Europe ad hoc Committee of Legal Advisers on Public International Law (CAHDI) in cooperation with the Ministry of Foreign Affairs of France organised a conference on "The Judge and International Custom" where important contributions were made by international and national judges clarifying some aspects of this topical issue. This volume contains these contributions, supplemented with articles commissioned by the CAHDI from some of the highest judges at international and national level. The collection highlights the valuable contribution made by the CAHDI to the development of public international law and in particular to the work of the International Law Commission and the Sixth Committee of the United Nations General Assembly by participating proactively in the legal debate to establish a well-defined international legal framework for this topical issue. --
Refers to an article in an issue of 1986 about the ending of the requirement of identity cards for National Registration purposes. Points out the acquiescence of the police and argues that it was based on the comments of the judges in the case of Willcock v. Muckle. (PAS)
The World's second oldest system of judicial review of national legislation emerged through court practice from the very first years after the adoption of the Constitution of Norway in 1814. The review is exercised by the ordinary courts at all levels with the single Supreme Court as the last instance. No specialized constitutional court has been established. The independence of the judiciary is generally recognized as high. But what degree of legitimacy should judges appointed in order to ensure ordinary judicial business enjoy when exercising a basically political function like reviewing and possibly setting aside acts of Parliament?
In: International journal of legal information: IJLI ; the official journal of the International Association of Law Libraries, Volume 28, Issue 2, p. 311-335
Since my retirement from the High Court of Australia in April 1995, I have pursued various activities. As Chairman of the National Library 1995-1998, National Fellow at the Australian National University and Chancellor of the University of New South Wales, I have been concerned with some current issues concerning libraries, including funding and copyright reform. My main purpose on this occasion is to speak about my experiences as a judicial rover in Fiji, the Solomon Islands and Hong Kong, jurisdictions in which I have been sitting as a Judge and as a lecturer at the Chinese National Judges College in Beijing.