LLB141 Lecture Notes - Lecture 5: Municipal Law, Putting-Out System, Constitution Of Australia
Document Summary
Fundamental principles affecting the relationship between domestic and international law. Major theories on the relationship between international law and domestic legal systems. The rolle of international law within the australian domestic legal system. Sovereign equality: states can"t be bound by international law unless they consent. This includes the right to determine how new international law will apply in their domestic legal systems. But leads to question of how effective international law is if states can avoid binding application within their own territory. Some treaties require implementation by states domestically for them to have any meaningful effect. If a state has an obligation under international law, the existence of contrary domestic law will not excuse the international breach (articles on state responsibility) States may be liable internationally where domestic laws do not comply with international law (although it is very common for states to fail to implement treaty obligations into domestic system).
