- The Oxford Handbook of the Australian Constitution
- Foreword
- Acknowledgements
- Table of Cases
- Table of Legislation
- List of Abbreviations
- List of Contributors
- Introduction
- First Peoples
- Settlement
- Federation
- Independence
- Evolution
- Ideas
- Rule of Law
- Common Law
- Unwritten Rules
- International Law
- Comparative Constitutional Law
- State Constitutions
- Legitimacy
- Citizenship
- Constitutionalism
- Republicanism
- Unity
- Australia in the International Order
- Authority of the High Court of Australia
- Judicial Reasoning
- Standards of Review in Constitutional Review of Legislation
- Justiciability
- Techniques of Adjudication
- Parliaments
- Executives
- Separation of Legislative and Executive Power
- The Judicature
- The Separation of Judicial Power
- The Constitutionalization of Administrative Law
- Design
- Power
- Money
- Co-Operative Federalism
- The Passage Towards Economic Union in Australia’s Federation
- The Federal Principle
- Federal Jurisdiction
- Rights Protection in Australia
- Due Process
- Expression
- Political Participation
- Property
- Religion
- Equality
- Legality
- Index
Abstract and Keywords
This chapter offers an account of Australia's engagement with the international legal order, through different aspects of the relationship: designing international institutions, litigating in the World Court, and implementing international standards. These are only fragments of the full picture, but they illustrate both Australia's embrace of and distancing from the international legal order. Australia's relationship with the international legal order overall is marked by a deep strand of ambivalence. It has played both the part of a good international citizen as well as that of an international exceptionalist. In some fields, Australia has engaged creatively in international institution-building, even if with a wary eye to protect certain Australian interests. In other areas, particularly human rights, the relationship is distinctly uneasy, with Australia appearing to believe that international standards should regulate others and that it is somehow above scrutiny.
Keywords: international legal order, international institutions, World Court, international standards, international exceptionalism, human rights
Hilary Charlesworth is a Laureate Professor in the Melbourne Law School, University of Melbourne, and Professor of International Law at the Australian National University.
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- The Oxford Handbook of the Australian Constitution
- Foreword
- Acknowledgements
- Table of Cases
- Table of Legislation
- List of Abbreviations
- List of Contributors
- Introduction
- First Peoples
- Settlement
- Federation
- Independence
- Evolution
- Ideas
- Rule of Law
- Common Law
- Unwritten Rules
- International Law
- Comparative Constitutional Law
- State Constitutions
- Legitimacy
- Citizenship
- Constitutionalism
- Republicanism
- Unity
- Australia in the International Order
- Authority of the High Court of Australia
- Judicial Reasoning
- Standards of Review in Constitutional Review of Legislation
- Justiciability
- Techniques of Adjudication
- Parliaments
- Executives
- Separation of Legislative and Executive Power
- The Judicature
- The Separation of Judicial Power
- The Constitutionalization of Administrative Law
- Design
- Power
- Money
- Co-Operative Federalism
- The Passage Towards Economic Union in Australia’s Federation
- The Federal Principle
- Federal Jurisdiction
- Rights Protection in Australia
- Due Process
- Expression
- Political Participation
- Property
- Religion
- Equality
- Legality
- Index