The Australian Year Book of International Law


Book Description

Launched in 1965, 'The Australian year book of international law' (AYBIL) is Australia's longest standing and most prestigious dedicated international law publication.0AYBIL aims to combine scholarly commentary with contributions from Australian government officials. Each volume contains a mix of scholarly articles, invited lectures, book reviews, notes of decisions by Australian and international courts, recent legislation, and collected Australian international law state practice. It is a valuable resource for those working in the field of international law, including government officials, international organisation officials, non-government and community organisations, legal practitioners, academics and other researchers, as well as students studying international law, international relations, human rights and international affairs.0It focuses on Australian practice in international law and general international law, across a broad range of sub-fields including human rights, environmental law and legal theory, which are of interest to international lawyers worldwide. Volume 38 features a set of special issue papers on the theme of 'The Backlash against International Law: Australian Perspectives'. These articles originated as papers presented to a June 2019 workshop at the Australian National University (ANU), which launched a global research partnership project between scholars at ANU, Indiana University and the University of Maryland.




Modern Treaty Law and Practice


Book Description

On the publication of its first edition, this textbook was welcomed as the definitive study of treaty law written from the viewpoint of an experienced practitioner. As with the first, this edition aims to provide the student and practitioner with a full understanding of the law and updates existing information and refines previous arguments. New to its scope of examination is the study of the use of memorandums of understanding (MOUs) in litigation, the treaty-making capacity of entities such as the Vatican, Taiwan and Palestine, and the effect of hostilities on treaties. Given their increasing importance, there is also a new chapter on international organisations, including an attempt to explain the sometimes baffling roles in treaty-making played by the European Community and European Union. Students and practitioners alike will find this an invaluable guide to this increasingly important subject.




Treaty Interpretation


Book Description

The rules of treaty interpretation codified in the 'Vienna Convention on the Law of Treaties' now apply to virtually all treaties, in an international context as well as within national legal systems, where treaties have an impact on a large and growing range of matters. The rules of treaty interpretation differ somewhat from typical rules for interpreting legal instruments and legislation within national legal systems. Lawyers, administrators, diplomats, and officials at international organisations are increasingly likely to encounter issues of treaty interpretation which require not only knowledge of the relevant rules of interpretation, but also how these rules have been, and are to be, applied in practice. Since the codified rules of treaty interpretation came into decree, there is a considerable body of case-law on their application. This case-law, combined with the history and analysis of the rules of treaty interpretation, provides a basis for understanding this most important task in the application of treaties internationally and within national systems of law. Any lawyer who ever has to consider international matters, and increasingly any lawyer whose work involves domestic legislation with any international connection, is at risk nowadays of encountering a treaty provision which requires interpretation, whether the treaty provision is explicitly in issue or is the source of the relevant domestic legislation. This fully updated new edition features case law from a broader range of jurisdictions, and an account of the work of the International Law Commission in its relation to interpretative declarations. This book provides a guide to interpreting treaties properly in accordance with the modern rules.




Treaty


Book Description




International Law and Domestic Legal Systems


Book Description

By providing a systematic analysis of how international law is incorporated and implemented in over two dozen states, this book analyzes how the international order and national legal systems interact with each other. It highlights the mutual influence of international and domestic legal systems and how changes in each are modifying the other.







Treaty Series


Book Description




Australia, the European Union and the New Trade Agenda


Book Description

Australia (together with New Zealand) is one of the few Organisation for Economic Co-operation and Development (OECD) countries with which the EU does not have a comprehensive trade agreement. Australia and the EU are entering a new phase in the bilateral relationship, and the push towards a potential trade agreement has been steadily gaining momentum. This collection brings together diverse and deeply practical contributions to the forthcoming policy debate on the Australia–EU Free Trade Agreement (FTA), highlighting potential points of difficulty and possible gains from the agreement. This book makes two further contributions: it adds to the body of work reappraising the contemporary Australia–EU relationship; and provides a snapshot of current issues in trade policy—the ‘new trade agenda’—which is more complex and politically visible than ever. The issues confronting Australia and the EU in forthcoming negotiations are those confronting policy makers around the globe. They are testing public tolerance of decisions once viewed as dull and technocratic, and are redefining the academic treatment of trade policy. ‘… this book is especially important because it is talking about a very different type of trade agreement than the ones Australia has concluded recently with our major trading partners in East Asia. An agreement with the EU inevitably will focus on issues like services, investment, government procurement, and competition policy. These are major issues in their own right, are key parts of the new trade agenda, and are critical to Australia’s successful transition to a prosperous post–mining boom economy. In the absence of generalisable unilateral economic reform in this country, trade policy hopefully will provide an external source of pressure for reform. If this book adds to that pressure while also suggesting some of the tools needed for reform, it will have made a major contribution.’ Dr Mike Adams, Partner, Trading Nation Consulting




Crossing the Line


Book Description

For fifty years, Australia has schemed to deny East Timor billions of dollars of oil and gas wealth. With explosive new research and access to never-before- seen documents, Kim McGrath tells the story of Australia’s secret agenda in the Timor Sea, exposing the ruthlessness of successive governments. Australia did nothing to stop Indonesia’s devastating occupation of East Timor, when – on our doorstep – 200,000 lives were lost from a population of 650,000. Instead, our government colluded with Indonesia to secure more favourable maritime boundaries. Even today, Australia claims resources that, by international law, should belong to its neighbour – a young country still recovering from catastrophe and in desperate need of income. Crossing the Line is a long-overdue exposé of the most shameful episode in recent Australian history. ‘Revelatory, extraordinary and compelling – an absolute must-read.’ —Peter Garrett ‘Crossing the Line is an unassailable exposé of Australia’s ruthless pursuit of resources in the Timor Sea. A timely and definitive book.’ —José Ramos-Horta ‘Kim McGrath has trawled the national archives to produce the smoking gun on Australia’s callous betrayal of the people who supported our commandos in World War II, and on the immoral and unlawful appropriation of their oil.’ —Paul Cleary Kim McGrath has been published in the Monthly and has long experience working in government and policy development. She is Research Director at the Bracks Timor-Leste Governance Project, which provides policy advice to the Timor-Leste government.