20. The requirement of legislative implementation and its implications.

A treaty to which the United Kingdom is party, entered into as it is by the executive, cannot of itself create, modify or abolish rights or obligations under English law1.Where the implementation of a treaty necessitates a change in English law, legislation is required2, an act referred to, potentially confusingly, as 'incorporation'3 or 'ratification'4. The source of any rights or obligations under English law thereby created, or of any modification or abolition of domestic rights or obligations, is the incorporating legislation, not the treaty5. The treaty itself, and a fortiori any treaty to which the United Kingdom is not