23. Treaties and the common law.

23.     Treaties and the common law.

There are dicta at the highest appellate level to the effect that the English courts may or should be informed by the United Kingdom's treaty obligations when ascertaining or developing the common law1. At the same time, there is a wariness of pushing the argument so far as to subvert the fundamental requirement for legislative implementation of treaties2. It has been held, for example, that it would be inappropriate for the United Kingdom's treaty obligations to guide the development of the common law where Parliament, while implementing other provisions