16. Customary international law as English law.

In what is known as the doctrine of 'incorporation'1, customary international law has long been said to be automatically part of the law of England2, without the need for legislative intervention. This traditional formulation has been questioned by the courts in recent years3, and the judicial tendency now is to refer to customary international law as a source, rather than a part, of the common law4, on which an English court may and should5 draw in appropriate cases. It nonetheless remains the prevailing view that, all other things being equal, statute is not required for a rule of customary