Australia in the International Legal System: From Empire to the Contemporary World

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Australia in the International Legal System: From Empire to the Contemporary World

Edited by Madelaine Chiam · Alison Duxbury
Hart Publishing September 2025

Specifications

ISBN-13
9781509941636
Publisher
Hart Publishing
Publication
September 2025
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

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Paperback

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What impact has Australia had on international law and what is its significance in terms of its participation in the transnational legal system? This collection of essays delves into the history of Australia's interactions with international law and considers how its people have shaped international law. It explores key issues such as the country's imperial and settler past. It assesses how Australians have contributed to key institutions such as the ICJ, the UN and the British Commonwealth. It gives a fascinating insight into international law's impact on a domestic legal system and the complex and multifaceted nature of that relationship. Scholars from across the international spectrum: be it law, politics or history, will welcome this erudite and engaging work.

Table of Contents

1. Is There an Australian International Law?
Alison Duxbury (University of Melbourne, Australia) and Madelaine Chiam (La Trobe Law School, Australia)

Part I: Australia as Empire
2. Participation in the 'Gilded Ball' : Australia and the Council of the League of Nations
Alison Duxbury (University of Melbourne, Australia)
3. The Rise and Fall of 'a Hyphenated Condition': Australia, the British Empire and the Commonwealth
Frank Bongiorno (Australian National University)
4. 'Treat-Them-Gently-at-All-Costs-and-Please-the United Nations': The UN Trusteeship Council and Capital Punishment and Clemency in Papua and New Guinea, 1954–65
Murray Chisholm (Australian Capital Territory Board of Senior Secondary Studies)
5. Australia, Timor-Leste and International Law
Clinton Fernandes (University of New South Wales, Australia)

Part II: Australia and Institutions
6. Australia and the United Nations
Alison Pert (University of Sydney, Australia)
7. The Increasing Results of Indigenous Peoples' Engagement in International Law and Geopolitics
Les Malezer (National Congress of Australia's First Peoples)
8. Australia and the International Court of Justice
Margaret A Young (University of Melbourne, Australia)
9. International Law in the Attorney-General's Department: 1901–2000
Henry Burmester
10. Australian Government Practice of International Law in the Twenty-First Century
Bill Campbell (Australian National University)
11. Ad Hoc and Arbitrary: International Criminal Law in Australian Courts
Monique Cormier (Monash University, Australia)

Part III: Australians and International Law
12. Child Refugees, Child Rights: Sidestepping International Law in Australian Policy-Making
Jordana Silverstein (University of Melbourne, Australia)
13. 'This is Our Conference': Elizabeth Reid, Second Wave Feminism and Australia's Performance of International Law in the 1970s
Jon Piccini (Australian Catholic University)
14. The First Australian and New Zealand Society of International Law, 1933–38
Madelaine Chiam (La Trobe Law School, Australia)
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