
Contents
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1 Introduction 1 Introduction
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2 Australia on the International Plane 2 Australia on the International Plane
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2.1 Pre-1788 Indigenous Australia 2.1 Pre-1788 Indigenous Australia
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2.2 British Colonization 1770–1931 2.2 British Colonization 1770–1931
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2.3 Second World War, the United Nations Charter, and Decolonization 2.3 Second World War, the United Nations Charter, and Decolonization
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3 Australia and Multilateral Law-Making 3 Australia and Multilateral Law-Making
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3.1 Human Rights 3.1 Human Rights
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3.1.1 Treaty Participation 3.1.1 Treaty Participation
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3.1.2 Domestic Implementation 3.1.2 Domestic Implementation
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3.1.3 International Engagement 3.1.3 International Engagement
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3.2 International Humanitarian Law and International Criminal Law 3.2 International Humanitarian Law and International Criminal Law
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3.3 Disarmament and Arms Control 3.3 Disarmament and Arms Control
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3.4 Use of Force and Collective Security 3.4 Use of Force and Collective Security
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3.5 International Law of the Sea 3.5 International Law of the Sea
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3.6 International Environmental Law 3.6 International Environmental Law
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3.6.1 Antarctica 3.6.1 Antarctica
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3.7 World Trade Law 3.7 World Trade Law
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4 International Dispute Settlement 4 International Dispute Settlement
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5 International Law and Australian Domestic Law 5 International Law and Australian Domestic Law
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5.1 Treaty-making 5.1 Treaty-making
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5.2 Treaty Law in Domestic Law 5.2 Treaty Law in Domestic Law
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5.2.1 The ‘External Affairs’ Power 5.2.1 The ‘External Affairs’ Power
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5.2.2 Federalism 5.2.2 Federalism
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5.2.3 Methods of Legislative Implementation 5.2.3 Methods of Legislative Implementation
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5.3 Other Influences of International Law on Australian Law 5.3 Other Influences of International Law on Australian Law
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5.3.1 Interpretation of Statutes 5.3.1 Interpretation of Statutes
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5.3.1.1 Statutes Implementing Treaties 5.3.1.1 Statutes Implementing Treaties
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5.3.1.2 Presumption of Statutory Consistency with International Law 5.3.1.2 Presumption of Statutory Consistency with International Law
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5.3.2 Constitutional Interpretation 5.3.2 Constitutional Interpretation
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5.3.3 Developing the Common Law 5.3.3 Developing the Common Law
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5.3.4 ‘Legitimate Expectations’ in Administrative Discretion 5.3.4 ‘Legitimate Expectations’ in Administrative Discretion
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5.3.5 Customary International Law 5.3.5 Customary International Law
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6 Conclusion 6 Conclusion
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31 Australia
Get accessBen Saul is Challis Chair of International Law at the University of Sydney.
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Published:04 October 2019
Cite
Abstract
This chapter studies international law in Australia. As a former British colony, Australia received a Western and specifically British tradition of international law, which was initially tied to imperial interests and even the possession of its own colonies in the Pacific. While its international legal personality matured in the 1920s and 1930s, it was only after the Second World War that Australia came to exercise a genuinely independent approach to international law. A hallmark of Australian policy and practice has been a broadly bipartisan political commitment to international law and institutions and to multilateralism, albeit affected by its close alliance with the United States. As a self-described ‘middle power’, Australia views the international legal order as giving it a voice on the international plane, securing its territorial and economic interests, and reflecting the values of the Australian community. Accordingly, Australia participates actively in the various specialized branches of international law and their associated governance mechanisms and dispute resolution procedures, although it occasionally strays from full compliance with its obligations.
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