International Law Practice Manual 1e
Publication Date 15 Jan 2015
OverviewTheÂ International Law Practice ManualÂ provides accessible guidance on a range of international legal materials, which illustrates how they can be used to enhance outcomes for Australian legal practitioners, judges and other professionals working in both the public and private sectors.Â Consideration of Australiaâ€™s obligations under international law is rapidly increasing in policy-making and legal process, yet many lawyers and other professionals remain unaware of what international legal materials are available and how to use them effectively. As judges increasingly draw upon international law to interpret Australian legislation or support their reasoning, so too must lawyers refer to it in their applications or legal advice to clients. Furthermore, government agencies may be required to comply with those conventions which have been ratified by Australia and have a competent understanding of various international instruments. The Manual will equip lawyers with a sound understanding and working knowledge of how international law interacts with Australian law. It is written in plain English and in a highly accessible format. Practical tools include detailed checklists, flowcharts, sample precedents, illustrative examples, lists of all treaties to which Australia is a party, and reference to Australian case law in which international legal materials have been considered. The text is concise, comprehensive and clear. This must-have book will help practitioners to formulate effective strategies in a range of different contexts, including drafting written submissions, using international law in oral arguments, engaging with international and Australian institutions, and in specialised areas like international trade and investment, human rights, environmental law and extradition. How this book will help you The Manual will assist practitioners when: interpreting questions of Australian law, including where legislation refers to an international convention, and when developing the common law; construing a treaty or international instrument; contrasting the Australian legal position with the approach taken by other States; strengthening written submissions made to and oral advocacy before numerous audiences such as Australian courts, international institutions, Australian government departments and parliamentary enquiries; addressing international trade and investment matters e.g. investor protection, the dumping of goods by foreign competitors into Australian markets, intellectual property, to trade negotiations, trade disputes and other issues; facilitating cross-border transactions e.g. incorporating provisions from commercial conventions into contracts; dealing with specific international legal topics e.g. maritime law, environmental protection, child protection, extradition and mutual criminal assistance; commencing a human rights claim before an international body or when interpreting Australian legislation using a human rights charter; undertaking international dispute settlement e.g. domestic and international commercial arbitration and dispute resolution before the World Trade Organisation; drafting international agreements e.g. preparing clauses on territorial or boundary issues; developing government policy e.g. law enforcement cooperation, military law and contributing to national reports submitted for review by international organisations; undertaking various steps in the litigation process e.g. crucial procedural questions such as proving foreign law in an Australian court, serving documents on a foreign party, commencing an action against a foreign State or State agency and overcoming questions of jurisdictional immunity; researching points of international law from a wide array of helpful and readily-accessible sources. This title provides a unique, centralised point of reference for all sources of international legal materials for barristers, solicitors, in-house counsel, and government lawyers in Australia. It will also be of considerable benefit to lawyers working outside the jurisdiction who seek to obtain a thorough appreciation of the Australian legal position. Others professionals will find it to be of assistance wherever international law is relevant to their work. TheÂ International Law Practice ManualÂ will significantly assist the readerâ€™s ability to win litigation, enhance persuasive advice given to clients, minimise legal obligations, protect or extend market share or influence law-making wherever international law or the Australian legal position is relevant.