The Treaty-Making Power in the Commonwealth of Australia

  • Günther Doeker

Table of contents

  1. Front Matter
    Pages I-XXVII
  2. Günther Doeker
    Pages 69-82
  3. Günther Doeker
    Pages 104-128
  4. Günther Doeker
    Pages 129-160
  5. Back Matter
    Pages 257-284

About this book

Introduction

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.

Keywords

Legislative Policy conflict constitution constitutional law foreign policy international relations transformation

Authors and affiliations

  • Günther Doeker
    • 1
  1. 1.Tulane UniversityNew OrleansUSA

Bibliographic information

  • DOI https://doi.org/10.1007/978-94-011-9560-7
  • Copyright Information Springer Science + Business Media B.V. 1966
  • Publisher Name Springer, Dordrecht
  • eBook Packages Springer Book Archive
  • Print ISBN 978-94-011-8718-3
  • Online ISBN 978-94-011-9560-7
  • About this book
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