International Law and National Law
Warning for Aboriginal and Torres
Strait Islander People:
these slides include images of
deceased Indigenous people
Trendtex Trading v Central Bank of
Nigeria
(1977) UK CA
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
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)
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.
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- Law, Common Law, International Law, Legal systems of the world, common law countries, High Court of Australia
