‘The Divisional Court (Males LJ, Bourne J) has dismissed a claim seeking to enforce unincorporated treaty obligations in strident terms. The judgment makes new points paving the way for the eventual disavowal by an appellate court (likely the UKSC) of the EOG principle, the principle that an executive commitment in policy to comply with unincorporated treaties provides a domestic foothold for a court to adjudicate compliance. The case is R (The American Federation of Musicians of the United States and Canada and others) v Secretary of State for Science, Innovation and Technology [2026] EWHC 91 (Admin).’
Administrative Court Blog, 21st January 2026
