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International Law and the High Court of Australia


ISBN13: 9789083407562
Published: June 2026
Publisher: Melrose Legal Publishers
Country of Publication: UK
Format: Hardback
Price: £183.00



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This comprehensive work examines for the first time the decisions of the High Court of Australia since 1903 that deal with matters of public international law. It traces the development of the Court’s approach from initial uncertainty to a modern, more coherent, understanding of the place and relevance of international law in a dualist system which also recognises the role played by all superior courts to ensure that international law does not suffer from fragmentation by individualised interpretation.

The cases considered cover a wide range of subjects, including constitutional foundations, the limits of territory, human rights and the rights of indigenous peoples, commercial and trade law, criminal and international criminal law, citizenship and the protection of refugees and the immunities of foreign States. The result is a detailed picture of the role of international law as an essential component of modern domestic legal analysis.

About the author
Dr Christopher Ward SC is a Senior Counsel of the New South Wales Bar, Australia at 6 St James Hall Chambers, and an Associate Member of 3 Verulam Buildings Barristers in London. He is Vice-Chair of the International Law Association and an Honorary Professor of the Australian National University in Canberra. He has an extensive practice in public international law and holds a BSc and LLB from the University of Sydney, an LLM from the University of Cambridge, and a PhD from the Australian National University.

Subjects:
Public International Law, Other Jurisdictions , Australia
Contents:
Foreword by The Hon. Michael Kirby AC CMG
Acknowledgements
Introduction
1. The High Court of Australia and the Status of International Law
2. The Relationship between International and Domestic Law
3. The Road to Sovereignty and the External Affairs Power
4. The Territorial Limits of Australian Sovereignty
5. The High Court and Human Rights
6. Refugees, Immigration and Citizenship Issues
7. Criminal Law and Extradition
8. Indigenous Rights and International Law
9. International Trade, International Commercial Law, Aviation and Shipping
10. Immunities, Privileges and the Act of State
11. Conclusions
Table of Cases
Table of Legislation
Table of Treaties and International Instruments
Table of Other International Materials
Index