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4 - International and municipal law

Donald R. Rothwell
Affiliation:
Australian National University, Canberra
Stuart Kaye
Affiliation:
University of Western Australia, Perth
Afshin Akhtarkhavari
Affiliation:
Griffith University, Queensland
Ruth Davis
Affiliation:
University of Wollongong, New South Wales
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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 Law
Cases and Materials with Australian Perspectives
, pp. 159 - 215
Publisher: Cambridge University Press
Print publication year: 2010

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References

,Henry Burmester and Susan Reye, ‘The Place of Customary International Law in Australian Law: Unfinished Business’ (2001) 21 Australian Year Book of International Law39Google Scholar
Charlesworth, Hilary, Chiam, Madelaine, Howell, Devika and Williams, George (eds), The Fluid State: International Law and National Legal Systems, Federation Press, Annandale, NSW, 2005Google Scholar
Kirby, Michael, ‘Red Cross Oration: The Growing Impact of International Law on Australian Constitutional Values’ (2008) 27 University of Tasmania Law Review1Google Scholar
Kunzelmann, Alexander, ‘An Australian International Law: The Impact of Australian Courts on the Fragmentation of International Law’ (2008) 27 Australian Year Book of International Law225CrossRefGoogle Scholar
Lacey, Wendy, ‘Judicial Discretion and Human Rights: Expanding the Role of International Law in the Domestic Sphere’ (2004) 5 Melbourne Journal of International Law108Google Scholar

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