International and National Law - Copy.pptx - International Law and National Law Warning for Aboriginal and Torres Strait Islander People these slides

International and National Law - Copy.pptx - International...

This preview shows page 1 - 7 out of 21 pages.

International Law and National Law Warning for Aboriginal and Torres Strait Islander People: these slides include images of deceased Indigenous people
Image of page 1
Trendtex Trading v Central Bank of Nigeria (1977) UK CA
Image of page 2
Image of page 3
Incorporation v Transformation Monism and dualism might be described as theoretical approaches to understanding the relationship between international and domestic law, while incorporation and transformation relate more to the manner in which international law actually becomes a part of domestic law’ Devereux & McCosker
Image of page 4
International Law Perspective States cannot rely upon ML to justify non- performance of treaty obligation ( VCLT 1969 art 27, yet see discrete exceptions) ‘The responsible State may not rely on the provisions of its internal law as justification for failure to comply with its obligations under this Part.’ ( Articles on State Responsibility 2001 art 32)
Image of page 5
International Law in Australia: Cth Constitution Exec: power to enter treaties: s61 Legre: power to implement international law under external affairs power: x51(xxix) ( Tas Dams 1983; Polyukhovich 1991) Judiciary: s75.
Image of page 6
Image of page 7

You've reached the end of your free preview.

Want to read all 21 pages?

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture