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Minister for Foreign Affairs and Trade and Others v. Magno and Another

Australia.  26 November 1992 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Diplomatic relations — Diplomatic premises — Duty to protect — Dignity of diplomatic mission — Demonstration outside embassy — Whether threat to diplomatic mission — Obligation to protect dignity of embassy — Requirement of respect for freedom of speech — Vienna Convention on Diplomatic Relations, 1961, Articles 22 and 29

Relationship of international law and municipal law — Treaties — Effect in municipal law — Legislation incorporating treaty into municipal law — Section 7 of Diplomatic Privileges and Immunities Act 1967 — Articles 22 and 29 of Vienna Convention on Diplomatic Relations, 1961 — Section 15 of 1967 Act permitting making of regulations “necessary or convenient” for carrying out or giving effect to Act — 1992 Diplomatic Privileges and Immunities (Amendment) Regulations (SR No 7 of 1992) — Regulations 5A and 5B — Validity of regulations

Treaties — Interpretation — Principles of — Vienna Convention on Law of Treaties, 1969 — Guidelines — Ordinary meaning of terms in context and object and purpose of treaty, Article 31(1) — Subsequent State practice

Human rights — Freedoms of speech and assembly — Balancing obligations to protect diplomatic premises with freedom of speech already existing in host State and international law — Rights being asserted in international conventions — Australia party to such conventions — Discerning intention of Australian parliament — The law of Australia

Type
Case Report
Copyright
© Cambridge University Press 1995

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