The treaty making power in the Commonwealth of Australia

Filename: the-treaty-making-power-in-the-commonwealth-of-australia.pdf
ISBN: 9789401195607
Release Date: 2012-12-06
Number of pages: 279
Author: Günther Doeker
Publisher: Springer

Download and read online The treaty making power in the Commonwealth of Australia in PDF and EPUB In the relation of states, treaties are a matter of great importance. The law of treaties and the study of treaty-making procedures in municipal law systems have become both from a theoretical and practical point of view, subjects of increasing interest. The United Nations Legal Committee as well as the International Law Commission have published studies concerned with the relationship of international law and municipal law, emphasizing national practices concerning the conclusion of treaties. In the case of some countries, such as Great Britain and the United States, numerous studies of treaty making problems have been made, but much less has been published in the case of many other countries such as Australia, Canada or India. In the case of Australia, research on treaty-making has resulted in comparatively few published articles in scholarly and legal journals and only a few comments in general legal treatises. But no comprehen sive legal analysis of the subject has as yet appeared. This study aims to present a comprehensive survey and analysis of actual treaty making procedures and practices in Australia against the setting of the relevant constitutional and other legal norms of the Australian political system. The analysis of treaty-making will consider both normative and empirical legal aspects. Basic constitutional norms, legal principles derived from common and constitutional law and statutes will be discussed, as well as the actual practices and procedures used in the exercise of the treaty-making power.



The treaty making power in the Commonwealth of Australia

Filename: the-treaty-making-power-in-the-commonwealth-of-australia.pdf
ISBN: 9789401195607
Release Date: 2012-12-06
Number of pages: 279
Author: Günther Doeker
Publisher: Springer

Download and read online The treaty making power in the Commonwealth of Australia in PDF and EPUB In the relation of states, treaties are a matter of great importance. The law of treaties and the study of treaty-making procedures in municipal law systems have become both from a theoretical and practical point of view, subjects of increasing interest. The United Nations Legal Committee as well as the International Law Commission have published studies concerned with the relationship of international law and municipal law, emphasizing national practices concerning the conclusion of treaties. In the case of some countries, such as Great Britain and the United States, numerous studies of treaty making problems have been made, but much less has been published in the case of many other countries such as Australia, Canada or India. In the case of Australia, research on treaty-making has resulted in comparatively few published articles in scholarly and legal journals and only a few comments in general legal treatises. But no comprehen sive legal analysis of the subject has as yet appeared. This study aims to present a comprehensive survey and analysis of actual treaty making procedures and practices in Australia against the setting of the relevant constitutional and other legal norms of the Australian political system. The analysis of treaty-making will consider both normative and empirical legal aspects. Basic constitutional norms, legal principles derived from common and constitutional law and statutes will be discussed, as well as the actual practices and procedures used in the exercise of the treaty-making power.


Treaty making and Australia

Filename: treaty-making-and-australia.pdf
ISBN: 1862871957
Release Date: 1995-01
Number of pages: 309
Author: Australian National University. Centre for International and Public Law
Publisher: Federation Press

Download and read online Treaty making and Australia in PDF and EPUB This book deals with issues such as: the nature and consequences of the globalisation process the resulting threat to Australia’s sovereignty the impact of treaty-making on industry, the environment and the respect for human rights the role of Parliament and the States in the process and the response of other countries to these challenges.


The Legal Significance of the Declarations of the General Assembly of the United Nations

Filename: the-legal-significance-of-the-declarations-of-the-general-assembly-of-the-united-nations.pdf
ISBN: 9789401194952
Release Date: 2012-12-06
Number of pages: 274
Author: Obed Y. Asamoah
Publisher: Springer

Download and read online The Legal Significance of the Declarations of the General Assembly of the United Nations in PDF and EPUB Mr. Asamoah's book is concerned with an area of growing importance in the evolution of contemporary international law. The traditional division of the sources of International law into custom and treaties has already been supplemented in Article 38 of the Statute of the International Court of Justice by the "general principles of law re cognized by civilized nations" and-as subsidiary sources, the judicial decisions and the teachings of highly qualified publicists. But in order to cope with the diversity of international law in our time, we have to look to a far greater variety of sources of international law, and we shall have to recognize that, in accordance with the many-sided character of international law, these sources may vary greatly in intensity. In recent years, Declaratory Resolutions of the General Assembly have been much concerned with the general princi ples of international law. Sometimes these Declarations are interpre tations of the Charter and other instruments; sometimes they are evi dence of state practice and a developing customary international law ; sometimes they formulate new principles which, in some cases will eventually lead to international treaties or new custom, or in other cases will be accepted as authorative statements of international legal principles, in circumstances where a formal treaty cannot be attained. There are many reasons--often of an internal character-which prevent the conclusion of a treaty but not the acceptance of the principles contained in it.


The treaty making process

Filename: the-treaty-making-process.pdf
ISBN: STANFORD:36105061791591
Release Date: 1997-01-01
Number of pages: 138
Author: New Zealand. Law Commission
Publisher:

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Australia

Filename: australia.pdf
ISBN: 9780521356213
Release Date: 1933
Number of pages: 759
Author: Sir Ernest Scott
Publisher: Cambridge University Press

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Foreign Relations in Federal Countries

Filename: foreign-relations-in-federal-countries.pdf
ISBN: 9780773576186
Release Date: 2009-01-28
Number of pages: 432
Author: Hans Michelmann
Publisher: McGill-Queen's Press - MQUP

Download and read online Foreign Relations in Federal Countries in PDF and EPUB Foreign Relations in Federal Countries addresses questions such as: What constitutional powers do the federal governments and constituent states have to conduct foreign affairs? To what degree are relations between orders of government regularized by formal agreement or informal practice? What roles do constituent governments have in negotiation and implementation of international treaties? The volume offers a comparative perspective on the conduct of foreign relations in twelve federal countries: Argentina, Australia, Austria, Belgium, Canada, Germany, India, Malaysia, South Africa, Spain, Switzerland, and the United States.


Parliament

Filename: parliament.pdf
ISBN: 1862874069
Release Date: 2001-01
Number of pages: 502
Author: Geoffrey Lindell
Publisher: Federation Press

Download and read online Parliament in PDF and EPUB The Federation Fathers agreed a federal Constitution which has enabled the Australian Parliament to play an important, even a leading, role in the development of national authority. The legislative powers conferred on the Parliament have enabled it to pass laws which have gone far beyond what might have been contemplated in 1900. On the occasion of the centenary of Federation, Parliament The Vision in Hindsight explores the way in which the Parliament has developed and influenced the operation of the Australian Constitution - and asks how well it has done its job. What vision had the framers in mind in designing the Parliament and its powers? How has the Parliament exercised those powers? How does the original design look with the benefit of hindsight? What has the past century taught us about the future powers and roles the Parliament should exercise and play in the future? The Parliamentary Library has brought together a distinguished group of scholars under the editorship of Professor Geoffrey Lindell, Reader in Law at the University of Melbourne.


Settler Self government 1840 1900

Filename: settler-self-government-1840-1900.pdf
ISBN: 031327326X
Release Date: 1985
Number of pages: 864
Author: A. F. Madden
Publisher: Greenwood Publishing Group

Download and read online Settler Self government 1840 1900 in PDF and EPUB This volume focuses on the primary developments in the British empire's settlement colonies in the years leading up to the 20th century, and examines the changing relationship between British authority and colonial autonomy. In illustrating the larger theme of self-government, Madden provides sections on the British viewpoint of imperialism and self-government, the development of self-government in specific colonies, the extension of self-government beyond internal affairs, and the eventual federal governments and contiguous groupings of colonies.


Legal Basis for a National Space Legislation

Filename: legal-basis-for-a-national-space-legislation.pdf
ISBN: 9781402025327
Release Date: 2006-04-11
Number of pages: 275
Author: Julian Hermida
Publisher: Springer Science & Business Media

Download and read online Legal Basis for a National Space Legislation in PDF and EPUB A. GENERAL BACKGROUND “The foremost goal of the international community in the area [of private space launch services] should be to induce states to implement effective licensing procedures applicable to commercial ventures for which state responsibility may 1 exist. ” 1. PRIVATE SECTOR PARTICIPATION IN THE SPACE INDUSTRY In the first decades of the space age, military and state security motivations indicated the direction of national space programs. Now the development of space activities depends essentially upon the possibility of recovering 2 investments. Private sector-driven commercial endeavors in outer space have been increasing exponentially and have experienced a significant quantitative growth over the last years. Spacefarers promote commercial participation of private companies in operations related to outer space, and, thus, the private sector is now increasingly providing satellite telecommunications, remote sensing, global positioning and space launch services directly to its customers. In this context, overall revenues for the worldwide space industry 3 amounted to US$ 82 billion in 2001. In the late 1990’s the transponder demand, in particular Ku- band transponders, was consistently on the rise due 4 to the escalated utilization of geostationary satellite transponders. Global positioning systems have been playing an increasingly important role in navigation, and remote sensing systems are mapping and documenting nearly 1 E. A. Frankle & E. J. Steptoe, “Legal Considerations Affecting Commercial Space Launches From International Territory”, (1999) 50 IISL at 10. Emphasis added. 2 H. L.




International Law and Australian Federalism

Filename: international-law-and-australian-federalism.pdf
ISBN: STANFORD:36105061759085
Release Date: 1997
Number of pages: 379
Author: Brian R. Opeskin
Publisher:

Download and read online International Law and Australian Federalism in PDF and EPUB International law-making has been expanding enormously. More than 50,000 treaties have been concluded since the United Nations began, and Australia is now a party to over 900 conventions and treaties. International law affects our understanding of human rights, criminal law, the environment, international trade, intellectual property and industrial relations. Over the past forty years many nations have recognised their growing interdependence, as international law has become more involved in their structures and workings. The old focus upon external relations between nations has broadened to include events within nations. International bodies, such as the UN Human Rights Committee, now scrutinise the conformity of Australian law with international norms. Australian courts have consequently given greater recognition to international law, even in cases where Australia has not yet implemented the relevant treaty in domestic law. Federal Parliament is now able to use international treaties as a basis for domestic law, and this has dramatically affected the traditional division of legislative authority between state and federal spaces. "International Law and Australian Federalism" is a collection of essays by prominent Australian academics, government lawyers and judges in the fields of international and constitutional law. It explores issues fundamental to the development of Australia's legal system. These issues must also concern policy makers in the political sphere, as we move towards a greater globalisation and closer international relations.


The Constitution of the Commonwealth of Australia

Filename: the-constitution-of-the-commonwealth-of-australia.pdf
ISBN: UCAL:$B584152
Release Date: 1902
Number of pages: 395
Author: Sir William Harrison Moore
Publisher:

Download and read online The Constitution of the Commonwealth of Australia in PDF and EPUB