Book contents
- Frontmatter
- Contents
- Preface
- About the authors
- Acknowledgements
- Table of cases
- Table of statutes
- Table of treaties and other international instruments
- Abbreviations
- 1 The nature of international law
- 2 Sources of international law
- 3 Law of treaties
- 4 International and municipal law
- 5 International legal personality
- 6 Sovereignty over territory
- 7 Jurisdiction
- 8 State responsibility
- 9 Human rights
- 10 Law of the sea
- 11 International environmental law
- 12 Enforcement of international law
- 13 The peaceful settlement of international disputes
- Index
- References
4 - International and municipal law
- Frontmatter
- Contents
- Preface
- About the authors
- Acknowledgements
- Table of cases
- Table of statutes
- Table of treaties and other international instruments
- Abbreviations
- 1 The nature of international law
- 2 Sources of international law
- 3 Law of treaties
- 4 International and municipal law
- 5 International legal personality
- 6 Sovereignty over territory
- 7 Jurisdiction
- 8 State responsibility
- 9 Human rights
- 10 Law of the sea
- 11 International environmental law
- 12 Enforcement of international law
- 13 The peaceful settlement of international disputes
- Index
- References
Summary
Introduction
International law establishes its own distinctive framework dealing with both the sources of international law but also how that law deals with the relations between States. Accordingly, treaties regulate certain relations between States at either a multilateral or bilateral level and the obligations created under these treaties create certain levels of State responsibility by the treaty parties to act in good faith. While the international law frameworks regulating the relations between States are relatively well developed, the role of international law at a municipal level is equally important. This can be illustrated in various ways.
Human rights conventions recognise certain rights for citizens of a State. In some instances these rights may also reflect constitutionally entrenched rights of citizens. Often, however, these rights are both distinctive and universal in nature and may not be reflected in municipal legal systems. The issue which then arises is how to translate the international human rights obligation contained in the convention into municipal law. Likewise, under environmental conventions State parties may have obligations to preserve and protect certain designated wilderness areas. To properly give effect to these obligations it may become necessary to designate a protected area or park under municipal law. One consequence of this may be that future development of the area will be constrained as a result of municipal law seeking to give effect to the terms of an international convention.
- Type
- Chapter
- Information
- International LawCases and Materials with Australian Perspectives, pp. 159 - 215Publisher: Cambridge University PressPrint publication year: 2010