Subjects under University of Sydney
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Topic 4 Municipal Law

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Municipal law as a source of customary international law. Treaties and resolutions of international organisations in municipal law.

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8 Pages Partial Study Notes > 2 Years old
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Topic 4 Municipal Law
Topics this document covers:
Law Australian constitutional law International law Incorporation of international law Treaty Jurisdiction Common law Aboriginal title Law of the United States Constitution of the United Kingdom Commonwealth v Tasmania Ratification
This is a Partial Set of Study Notes

Partial Study Notes typically cover only single topics of a unit of study or do not cover multiple topics in significant detail. They are generally less than 20 pages in length.

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Topics this document covers:
Law Australian constitutional law International law Incorporation of international law Treaty Jurisdiction Common law Aboriginal title Law of the United States Constitution of the United Kingdom Commonwealth v Tasmania Ratification
Sample Text:
Evidence of state practice and opinio juris: Statute of the ICJ, Art 38(1)(b) 2. Evidence of general principles of law: Art 38(1)(c) • Municipal law = domestic law, and how that can influence international law o Sign and ratify treaty o Legislation passed by parliament o By decisions of the court 2. Deficiencies in municipal law/illegality under municipal law and international obligations ACCC v PT Garuda 2013 • Perram J - Court determines what IL is, not expert evidence, court determines what DL is, not expert evidence State cannot rely upon its (inconsistent) municipal law to avoid IL obligations (Alabama Claims Arbitration 1872 – British constitution did not provide power to interfere with private construction of ships) • And state will be responsible for such breach, even if conduct is lawful in domestic law (ILC Articles on State Responsib...
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