Balkin (2005) explained the relationship between customary international law and municipal (domestic) law in the context of
Question:
Balkin (2005) explained the relationship between customary international law and municipal (domestic) law in the context of Australia:
"In the absence of a definitive exposition by the Australian judiciary on the relationship between customary international law and Australian domestic law, the matter must still be regarded as unsettled".
Balkin, R 2005, 'International law and domestic law' in Blay, S, Piotrowicz, R & Tsamenyi, M, Public international law: an Australian perspective, 2nd edn, Oxford University Press, South Melbourne, p 117.
Discuss this quoted statement and analyse how the issue of the conflict between customary international law and municipal (domestic) law is likely to be addressed by the courts in Australia.
Business Law and the Legal Environment
ISBN: 978-1337736954
8th edition
Authors: Jeffrey F. Beatty, Susan S. Samuelson, Patricia Sanchez Abril