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Australia in the International Legal System
What impact has Australia had on international law and what is its significance in terms of its participation in the transnational legal system? This collection of essays delves into the history of Australia's interactions with international law and considers how its people have shaped international law. It explores key issues such as the country's imperial and settler past. It assesses how Australians have contributed to key institutions such as the ICJ, the UN and the British Commonwealth. It gives a fascinating insight into international law's impact on a domestic legal system and the complex and multifaceted nature of that relationship. Scholars from across the international spectrum: be it law, politics or history, will welcome this erudite and engaging work.
International Law in Public Debate
"Public debates in the language of international law have occurred across the 20th and 21st centuries and have produced a popular form of international law that matters for international practice. This book analyses the people who used international law and how they used it in debates over Australia's participation in the 2003 Iraq War, the Vietnam War and the First World War. It examines texts such as newspapers, parliamentary debates, public protests and other expressions of public opinion. It argues that these interventions produced a form of international law that shares a vocabulary and grammar with the expert forms of that language and distinct competences in order to be persuasive. This longer history also illustrates a move from the use of international legal language as part of collective justifications to the use of international law as an autonomous justification for state action"--
International Law in Public Debate
A history of international law in public debates and its resulting popular language of international law.
The Legacy of Nuremberg
In this new collection of essays the editors assess the legacy of the Nuremberg Trial asking whether the Trial really did have a civilising influence or if it constituted little more than institutionalised vengeance. Three essays focus particularly on the historical context and involve rich analysis of, for example, the atmospherics of the Trial itself and the attitudes of German society at the time to the conduct of the Trial. The majority of the essays deal with the contemporary legacies of the Nuremberg Trial and attempt to assess the ongoing relevance of the Judgment itself and of the principles encapsulated in it. Some essays consider the importance of the principle of individual crimin...
Beyond compliance
An extensively researched study of Chinese participation in international organisations, this book argues that the record of China's international behaviour since the 1970s indicates the long-term effectiveness of the multilateral system.
Australia and Human Rights
The Howard government's term in office in Australia from 1996 to 2007 is often portrayed as one where Australia retreated from its international human rights obligations. Throughout this era a range of government policies attracted much criticism for downplaying or ignoring human rights. Less attention has been given to the human rights policies of previous Australian governments and the heritage they provided for the Howard government. Situating the policies of the Howard government within those of previous Australian governments provides a greater understanding of human rights in Australia. This book examines human rights policies in Australia in three key areas: human rights in Australia-...
China, State Sovereignty and International Legal Order
China’s rise has aroused apprehension that it will revise the current rules of international order to pursue and reflect its power, and that, in its exercise of State sovereignty, it is unlikely to comply with international law. This book explores the extent to which China’s exercise of State sovereignty since the Opium War has shaped and contributed to the legitimacy and development of international law and the direction in which international legal order in its current form may proceed. It examines how international law within a normative–institutional framework has moderated China’s exercise of State sovereignty and helps mediate differences between China’s and other States’ approaches to State sovereignty, such that State sovereignty, and international law, may be better understood.
Law in War
During the Great War law was used in everyday life as a tool to discriminate, oppress, censor and deprive many Australians of property, liberty and basic human rights. A nation often amends its laws during war, not least to regulate life at home. Yet few historians have considered the impact of the law on Australians during the First World War. In this original book, Catherine Bond breathes life into the laws that were central to the way people were managed in Australia 1914–18. Engaging and revelatory, Law in War holds those who wrote the laws to account, exposing the sheer breadth and impact of this wartime legal regime, the injustices of which linger to this day. More than anything, it illuminates how ordinary people were caught up in – and sometimes destroyed by – these laws created in the name of victory. ‘Law in War gives us insights into the law and Australia’s Great War that Charles Bean declined to publish ninety-odd years ago. Pioneering, full of wonderful life and energy, the result has been worth waiting for.’ — Professor Peter Stanley, UNSW Canberra
Sources of State Practice in International Law
Sources of State Practice in International Law is a descriptive bibliography of both electronic and printed sources of information containing the text of treaties and the record of diplomatic activity of important jurisdictions around the world. As such, it includes an up-to-date description of national treaty portals and other valuable Internet-based sources. At the same time, it also includes descriptions of printed sources providing access to treaties and official diplomatic documentation difficult to locate in standard compilations. In addition, this work includes a narrative section for each jurisdiction summarizing issues related to treaty succession and treaty implementation in munici...
Gender Equality and the Judiciary
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