This book analyses some of the national contexts in which international law and domestic law interact and identifies the way in which attitudes to international law shift between them. Some of the questions considered are:
- How do perceptions of international law differ according to particular institutional vantage-points, whether that of the executive, the legislature, or the judiciary?
- What is the impact of the perceived "democratic deficit" in international treaty-making?
- What are some of the ways in which the judiciary acts as a gatekeeper between the national and international legal orders?
- How does national politics influence engagement with the international sphere?
Table of Contents
List of Contributors
Table of Cases
Table of Statutes
INTRODUCTION: International Law and National Law: Fluid States - Hilary Charlesworth, Madelaine Chiam, Devika Hovell and George Williams
PART ONE: LEGISLATURES, EXECUTIVE GOVERNMENTS AND INTERNATIONAL LAW
CHAPTER 1: Rethinking Legislative Powers: Parliamentary Responses to International Challenges - John Uhr
CHAPTER 2: The Role for Parliaments in Treaty-Making - Joanna Harrington
CHAPTER 3: Can the Democratic Deficit in Treaty-Making be Overcome? Parliament and the Australia-United States Free Trade Agreement - Ann Capling
PART TWO: THE JUDICIARY AS GATEKEEPER
CHAPTER 4: The Judicial Use of Unincorporated International Conventions in Administrative Law: Back-Doors, Platitudes and Window-Dressing - Wendy Lacey
CHAPTER 5: A Stronger Role for Customary International Law in Domestic Law? - Kristen Walker and Andrew D Mitchell
CHAPTER 6: Lost in Translation: Customary International Law in Domestic Law - Treasa Dunworth
CHAPTER 7: Influential Authority and the Estoppel-Like Effect of International Law - Mayo Moran
PART THREE: NATIONAL POLITICS AND THE INTERNATIONAL SPHERE
CHAPTER 8: International Law-National Law: Thinking through the Hyphen - Fleur Johns
CHAPTER 9: Problems of Translation: The State in Domestic and International Public Law and Beyond - Janet McLean
CHAPTER 10: "The Law Was Warful": The Iraq War and the Role of International Lawyers in the Domestic Reception of International Law - Andrew Byrnes
CHAPTER 11: Influences on National Participation in International Institutions: Liberal v. Non-Liberal States - Ann Kent