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International and comparative law
Course:- Business Law and Ethics
Length: 800 words
Reference No.:- EM13230525




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International and Comparative Law

With regard to the relationship between treaties and Australian law, Campbell JA in Samootin v. Shea [2012] NSWCA 378 made the following observation at citations omitted):

"International treaties that have been ratified by the Australian government do not as such form part of our domestic law or operate as a direct source of individual rights and obligations under that law. "

Explain statement and give particular examples of treaties ratified by the Australian government which have become part of domestic or municipal law.

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International and Comparative Law

International law focuses on the rights and duties of States in their relations and with international organisations; whereas Domestic or municipal law is the law within a State and is only concerned with the rights and duties of legal people within the particular State.

By merely following the process of ratification the treaties are directly not incorporated into the Australian law. A treaty is directly not form of any domestic law unless it gets implemented by the legislation and if there is no such legislation the treaty cannot create rights or impose obligations on Australian citizen/ residents. However, it does not conclude that treaties do not have any influence on Australian law prior to




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