West Rand Central Gold Mining Co v R

Facts

• The West Rand Central Gold Mining Company claimed that Britain, having annexed the South African Republic (Transvaal), was bound by international law to honour the former Republic's obligations
• The company argued that a rule of international law required successor states to assume predecessor debts
• The Crown denied that any such rule existed or, if it did, that it was part of English law
• Lord Alverstone CJ examined the relationship between international law and domestic law

Issue

1. Whether international law automatically forms part of English domestic law and binds the Crown without adoption by Parliament or the courts.

Held

• International law is part of English law, but subject to a critical qualification
• Only those rules of international law that have been recognised and adopted by English courts form part of domestic law
• Unincorporated or unrecognised international obligations do not automatically bind the Crown
• The court must be satisfied that the alleged rule is truly a rule of international law accepted by the comity of nations
• Vague or disputed propositions of international law cannot be enforced domestically

Ratio Decidendi

Whatever has received the common consent of civilised nations must have received the assent of our country, and that to which we have assented along with other nations in general may properly be called part of the law of the land. However, the rule must be one that is clearly established and recognised. An alleged rule that is not shown to have been accepted by the community of nations cannot be treated as part of English law merely because a claimant asserts it.