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 devel opment 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 en sure that international law does not suffer from fragmenta tion by individualised interpretation.
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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 devel opment 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 en sure that international law does not suffer from fragmenta tion by individualised interpretation. The cases considered cover a wide range of subjects, in cluding constitutional foundations, the limits of territory, human rights and the rights of indigenous peoples, com mercial and trade law, criminal and international crimi nal law, citizenship and the protection of refugees and the immunities of foreign States. The result is a detailed pic ture of the role of international law as an essential compo nent of modern domestic legal analysis
