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  • Cited by 1
  • Print publication year: 2009
  • Online publication date: January 2010

3 - Australia

Summary

INTRODUCTION

The Commonwealth of Australia emerged as a federation of six states on January 1, 1901, formed under a constitution adopted by the Parliament at Westminster after extensive Australian debate and consultation during the preceding decade. Australia emerged as a new state in the then-international system very much under the umbrella of Britain and, just like the other emerging British colonies of Canada, New Zealand, and South Africa, took some time to find a truly independent voice in international affairs. Indeed, it was not until the First World War and the conduct of significant military campaigns on European battlefields that Australia began to develop a stance approaching that of an independent state in international affairs. The Paris Peace Conference permitted Australia to take its place on the world diplomatic stage and, in the years between the First and the Second World Wars, a more independent Australia began to emerge. Various Empire Conferences gave greater voice to the British Dominions as a constitutional matter, culminating in the 1931 Statute of Westminster that recognized the true independence of the Dominions and their ability to play a role in international affairs, including the adoption of treaties. However, there was an ongoing reluctance on the part of Australia to take the final step onto the international stage and the Statute of Westminster was not adopted during the 1930s.

Rothwell, Donald R., “The High Court and the External Affairs Power: A Consideration of Its Outer and Inner Limits” (1993) 15 Adelaide L. Rev.209–40
Lumb, Richard D., “The External Affairs Power and Constitutional Reform” (1988) 62 Australian L.J.679–89
Saunders, Cheryl, “Articles of Faith or Lucky Breaks? The Constitutional Law of International Agreements in Australia” (1995) 17 Sydney L.R.150, at 150
McDermott, Peter M., “External Affairs and Treaties: The Founding Fathers' Perspective” (1990) 16 Univ. Queensland L.J.123, at 123
Connell, H.B., “International Agreements and the Australian Treaty Power” (1968–69) Australian Y.B. Int'l L.83–101
Burmester, Henry and Reye, Susan, “The Place of Customary International Law in Australian Law: Unfinished Business” (2001) 21; Austrl. Y.B. Int'l L.39–53
Sawer, Geoffrey, “The External Affairs Power” (1984), 14 Federal Law Review199 at 213
Crawford, James, “The Constitution and the Environment” (1991) 13 Sydney L. Rev.11, at 23
Lumb, Richard D., “The External Affairs Power and Constitutional Reform” (1988) 62 Australian L.J.679 at 681
Sawer, Geoffrey, “Execution of Treaties by Legislation in the Commonwealth of Australia” (1955) 2 Univ. Queensland L.J.297 at 299
Dalton, Richard and Groom, Richard, “The Right to Strike in Australia: International Treaty Obligations and the External Affairs Power” (2001) 1 Melbourne J. Int'l L.162–68
Morgan, Wayne, “Sexuality and Human Rights: The First Communication by an Australian to the Human Rights Committee under the Optional Protocol to the International Covenant on Civil and Political Rights” (1993) 14 Austrl. Y.B. Int'l L.277–92
Rothwell, Donald R., “Quasi-Incorporation of International Law in Australia: Broadcasting Standards, Cultural Sovereignty and International Trade” (1999) 27 Fed. L. Rev.527–45
Henderson, A. and Kelly, M., “Australia's Identity Crisis: The Cost of Closer International Relations” (1996) 15 (4) Communications L. Bull.26–27
[r]equires the ABA to perform its functions in a manner consistent with various matters, including Australia's international obligations or agreements such as Closer Economic Relations with New Zealand.” Project Blue Sky (1998) 153 ALR 490 at 512
Campbell, E., “Waiver by Agencies of Government of Statutory Procedural Requirements” (1998) 21 UNSW L.J.711 at 716–17
Jacka, M., “Further Blue Sky Fall Out” (November 1998) 149 Communications Update4
Mattina, P.D.When Blue Skies Aren't True Blue” (September 1998) 38 Int'l L. News36
Leiboff, M.Football, Meat Pies, Kangaroos and Holden Cars? The Arts and Cultural Implications of Project Blue Sky v. Australian Broadcasting Authority” (1998) 3 Media & Arts L. Rev.135
Brosnan, J., “True Blue v. Blue Sky: Australian Content Standards in Doubt” (1998) 17 Communications L. Bull.1–2
McGinley, G.P.J., “The Status of Treaties in Australian Municipal Law: The Principle of Walker v. Baird Reconsidered” (1989–90) 12 Adelaide L. Rev.367 at 367
Johns, Fleur E., “Human Rights in the High Court of Australia, 1976–2003: The Righting of Australian Law?” (2005) 33 Fed. L. Rev.287
Browhuis, S., “International Law by the Back Door?” (1998) 72 Austrl. L.J.794
Katz, L., “A Teoh FAQ” (March 1998) 16 AIAL Forum1
Duxbury, A.The Anti-Teoh Bill Revisited” (July 1997) 35 Int'l L. News28
Piotrowicz, R., “Unincorporated Treaties in Australian Law: The Official Response to the Teoh Decision” (1997) 71 Austrl. L.J.503
Lacey, WendyIn the Wake of Teoh: Finding An Appropriate Government Response” (2001) 29 Federal Law Review219
Gleeson, Murray, “Global Influences on the Australian Judiciary” (2002) 22 Austrl. B. Rev.184 at 187
Walker, Kristen, “International Law as a Tool of Constitutional Interpretation” (2002) 28 Monash Univ. L. Rev.85 at 91
McAdam, Jane, Roach, Deborah, and Rothwell, Donald R., “Australian Cases before Australian Courts and Tribunals Involving Questions of Public International Law 2004” (2006) 25 Austrl. Y.B. Int'l L.377 at 384–86
Allen, James, “‘Do the Right Thing’ Judging? The High Court of Australia in Al-Kateb” (2005) 24 Univ. Queensland L.J.1–34