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
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
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