Solicitors Qualifying Examination (SQE) Stage 1 Functioning Legal Knowledge (FLK) 1 Practice Test

In England and Wales, international law doesn’t automatically bind domestic law because Parliament remains sovereign. It becomes part of domestic law only through incorporation by statute or through recognition in domestic practice.

A clear example is incorporation by statute: when Parliament enacts legislation that implements a treaty, those treaty rights become enforceable in domestic courts. The Human Rights Act 1998 is a prime instance, as it incorporates the European Convention on Human Rights into UK law so individuals can rely on those rights in court.

Another route is through the recognized practice of the courts and government, where customary international law or general principles of international law can form part of the common law or guide interpretation, provided there’s no conflict with existing statutes.

So, the correct understanding is that international law is recognized domestically through incorporation or through recognized practice, not automatically or by default overriding statutes.