ISBN:
9789401195607
Language:
English
Pages:
Online-Ressource (279p)
,
online resource
Edition:
Springer eBook Collection. Humanities, Social Sciences and Law
Parallel Title:
Erscheint auch als
Parallel Title:
Erscheint auch als
Keywords:
Law
;
Constitutional law.
;
Political science.
Abstract:
I. The Evolution of the Treaty-Making Power in the British Commonwealth of Nations -- Introductory -- 1. Developments before 1914 -- 2. Developments during World War I -- 3. Developments in the Interwar Period -- 4. Developments after World War II -- II. The Evolution of the Treaty-Making Power in the Commonwealth of Australia -- Introductory -- 1. Developments prior to Federation -- 2. Federation of the Commonwealth of Australia -- 3. Early Developments after federation -- 4. Developments after World War I -- 5. The Status of the Commonwealth after World War II -- III. Constitutional Framework -- 1. Constitutional Provisions -- 2. Discussion of Constitutional Amendments -- 3. Conclusions -- IV. The Prerogatives of the Crown and Treaty-Making -- (i) The Crown as a Juristic Entity -- (ii) The Prerogative of Peace and War -- (iii) The Prerogative of Treaty-Making as an Executive Act -- (iv) The doctrine of indivisibility -- V. Negotiation and Conclusion -- (i) Appointment of Australian Plenipotentiaries -- (ii) Negotiation of Treaties -- (iii) Consultation of State Governments by the Federal Executive -- (iv) Cabinet approval and the Competence of the Minister of State for External Affairs -- (v) Issuance of Full Powers -- (vi) Issuance of Full Powers in the case of “Heads of States” Treaties -- (vii) Signature of the Australian Representative -- VI. Ratification and Implementation -- Introductory -- VII. Treaty Implementation and Constitutional Limitations -- 1. International Law and Australian Municipal Law -- 2. Judicial interpretation of the “External Affairs” Clause -- 3. Constitutional limitations upon the power to conclude treaties -- VIII. The Competence of the States in “External Affairs” -- (i) State representation abroad -- (ii) State and United Kingdom relations -- (iii) State Reciprocity Legislation -- (iv) State Legislation and Treaty Implementation -- IX. Federalism, Constitutionalism, and Internationalism -- Appendices -- Selected Bibliography.
Abstract:
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.
Description / Table of Contents:
I. The Evolution of the Treaty-Making Power in the British Commonwealth of NationsIntroductory -- 1. Developments before 1914 -- 2. Developments during World War I -- 3. Developments in the Interwar Period -- 4. Developments after World War II -- II. The Evolution of the Treaty-Making Power in the Commonwealth of Australia -- Introductory -- 1. Developments prior to Federation -- 2. Federation of the Commonwealth of Australia -- 3. Early Developments after federation -- 4. Developments after World War I -- 5. The Status of the Commonwealth after World War II -- III. Constitutional Framework -- 1. Constitutional Provisions -- 2. Discussion of Constitutional Amendments -- 3. Conclusions -- IV. The Prerogatives of the Crown and Treaty-Making -- (i) The Crown as a Juristic Entity -- (ii) The Prerogative of Peace and War -- (iii) The Prerogative of Treaty-Making as an Executive Act -- (iv) The doctrine of indivisibility -- V. Negotiation and Conclusion -- (i) Appointment of Australian Plenipotentiaries -- (ii) Negotiation of Treaties -- (iii) Consultation of State Governments by the Federal Executive -- (iv) Cabinet approval and the Competence of the Minister of State for External Affairs -- (v) Issuance of Full Powers -- (vi) Issuance of Full Powers in the case of “Heads of States” Treaties -- (vii) Signature of the Australian Representative -- VI. Ratification and Implementation -- Introductory -- VII. Treaty Implementation and Constitutional Limitations -- 1. International Law and Australian Municipal Law -- 2. Judicial interpretation of the “External Affairs” Clause -- 3. Constitutional limitations upon the power to conclude treaties -- VIII. The Competence of the States in “External Affairs” -- (i) State representation abroad -- (ii) State and United Kingdom relations -- (iii) State Reciprocity Legislation -- (iv) State Legislation and Treaty Implementation -- IX. Federalism, Constitutionalism, and Internationalism -- Appendices -- Selected Bibliography.
DOI:
10.1007/978-94-011-9560-7
URL:
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