The Dream of an International Common Law

Cheryl Saunders (ed) Courts of Final Jurisdiction: The Mason Court in Australia (Sydney, Federation Press, 1996) 138-145

Victoria University of Wellington Legal Research Paper Series, Cooke Paper No. 55/2017

11 Pages Posted: 23 Oct 2014 Last revised: 26 Mar 2017

See all articles by Robin Cooke (1926-2006)

Robin Cooke (1926-2006)

Victoria University of Wellington - Faculty of Law

Date Written: October 20, 1996

Abstract

In this paper, Lord Cooke discusses the concept of an international common law. As an example, he uses the High Court of Australia case in Australian Capital Television Pty Ltd v Commonwealth (1992) 177 CLR 106 as evidence of an implied right to freedom of expression about public affairs forming part of international common law. Lord Cooke then discusses the new lex mercatoria controversy arising largely out of international arbitration as further evidence of the existence of an international common law. He concludes his discussion by outlining how an international common law may be seen developing by referring to examples that show various appellate courts around the world considering overseas jurisprudence in deciding topical issues. These topics include economic loss in relation to torts of negligence and human rights treaties that have been ratified but not yet implemented.

Note: Abstract by Tim Cochrane.

Keywords: Lord Cooke, international common law, Sir Anthony Mason, common law, common laws, Australian Capital Television Pty Ltd v Commonwealth, freedom of expression, lex mercatoria, international arbitration, appellate courts, economic loss, negligence, human rights treaties

Suggested Citation

Cooke, Robin, The Dream of an International Common Law (October 20, 1996). Cheryl Saunders (ed) Courts of Final Jurisdiction: The Mason Court in Australia (Sydney, Federation Press, 1996) 138-145, Victoria University of Wellington Legal Research Paper Series, Cooke Paper No. 55/2017, Available at SSRN: https://ssrn.com/abstract=2512588

Robin Cooke (Contact Author)

Victoria University of Wellington - Faculty of Law ( email )

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
80
Abstract Views
1,339
Rank
551,205
PlumX Metrics