Matters of International Concern or Customary Law (refer also next page treaties) – The external affairs power also provides the Commonwealth which the power to legislate on or to of international concern’ full effect to rules of customary international ‘matters ‘give law’ - customary laws are accepted by many nations as legally binding Customary Laws and therefore they become ‘customary’ In XYZ v Commonwealth – Callinan and Heydon JJ Suggested that would be great complexity in – the Commonwealth determining whether a matter is of ‘international concern’ and how to determine the level of scope for such a concern. Kirby J gave a lengthly discussion on the topic but concluded it was – ‘still undeveloped’ and would be ‘revisited’. Full Power to Legislate – Without further authority, it infers that the there is no treaty in place, even if and the matter is not extraterritorial nor affecting relations with another – nation the Commonwealth be able to regulate a topic or issue if may still – it is deemed to be international concern’. ‘of REFER TO (page after next) Incorporate all International Treaties into Domestic Law? – **** Koowarta v Bjelke-Petersen**** **** **** Tasmanian Dams Case 3. What is the effect of international treaties on Australian law?
Matters of International Concern or Customary Law (refer also next page – treaties) The external affairs power also provides the Commonwealth which the power to legislate on ‘matters of international concern’ or to ‘give full effect to rules of customary international law’ Customary Laws - customary laws are accepted by many nations as legally binding and therefore they become ‘customary’ In XYZ v Commonwealth – Callinan and Heydon JJ – Suggested that would be great complexity in the Commonwealth determining whether a matter is of ‘international concern’ and how to determine the level of scope for such a concern. Kirby J gave a lengthly discussion on the topic – but concluded it was ‘still undeveloped’ and would be ‘revisited’. Full Power to Legislate – Without further authority, it infers that the even if there is no treaty in place, and the matter is not extraterritorial – nor affecting relations with another nation – the Commonwealth may still be able to regulate a topic or issue if it is deemed to be ‘of international concern’. REFER TO Incorporate all International Treaties into Domestic Law? (page after next) – **** Koowarta v Bjelke-Petersen**** **** Tasmanian Dams Case **** 3. What is the effect of international treaties on Australian law?
Constitutional_Notes.docx