ABSTRACT
UK law and practice do not take place in isolation. The context in which they occur is increasingly relevant generally and especially where the law is applied across borders. Public international law, including treaties emanating from the Council of Europe, EU law, the rules within approximately 200 third states and the norms and guidelines promulgated by international organisations, can and do have an effect. These laws and guidelines operate contemporaneously. Where UK law is applied across borders it is inevitable that at least one of these forms of law and the state or organisation from which it originates will be engaged or affected. Indeed, in most cases two, three or more states or organisations may have an interest in the application of UK law across borders. From a UK perspective more relevant is the influence or affect these extrinsic rules have upon its law and practice as opposed to the possible effect the application of its law has upon third states. As noted in Chapter 1, the affect of non-UK law and practice is one of themes in this book. From both these perspectives – that of third states and international organisations and the UK itself – it is necessary to describe and analyse the context in which UK law is applied across borders. It will be seen that the legal and institutional landscape is crowded and complex, and that it demands and requires restraint and co-operation.
