International Law Practice Manual

International Law Practice Manual

By Stephen Tully

Book

$214.01 RRP

Date: 15/01/2015

Code: 9780455234069

Thomson Reuters, AUSTRALIA

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Description

The International Law Practice Manual 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. 

Consideration of Australia’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.

Features

This work will provide invaluable assistance to practitioners, in the following contexts:

  • Using international law in oral argument
    • e.g. how to structure a persuasive legal argument using international law and respond effectively to questions, making oral submissions before a range of bodies, practical tips, relevant standards and guidelines etc.
  • How to access international institutions (courts, tribunals, treaty bodies,  intergovernmental bodies)
    • e.g. UN agencies and how to make a complaint to human rights bodies or International Labour Organisation with examples;
  • Using international law in specific contexts
    • e.g. environmental law, international trade and commerce, international criminal and humanitarian law, extradition.
  • Engaging with Australian institutions
    • e.g. protecting Australian investors from expropriation of their property in overseas jurisdictions, liability of Australian defence forces for overseas operations, accessing diplomatic protection for AU clients in overseas jurisdictions.
  • Essential procedural topics involving dealings with a range of different parties
    • e.g. individuals, NGOs, foreign States, international organisations, dealing with diplomatic or consular privileges and immunities, identifying appropriate remedies and so on.
  • Provides guidance on drafting agreements involving foreign jurisdictions
    • e.g. with Choice of Court, Choice of Law and Choice of Arbitration clauses in the event of a dispute.
  • Environmental issues and implementation of international environmental law
    • e.g. carbon trading, hazardous waste, biological diversity, health.
  • Practical aspects of international trade and economic law
    • e.g. understanding tax treaties, protecting  intellectual property - , accessing dispute settlement at the WTO, the effect of and compliance with WTO decisions on Australian commerce.
  • Using international law in written submissions
    • e.g. pleadings, applications, submissions regarding proposed legislation with examples and tips, how to cite and quote international legal materials.
  • Shortcuts to finding and researching international law with quick reference guide on how to use relevant databases and obtaining accurate information quickly.
  • Effectively advising clients
    • e.g. to obtain diplomatic assistance when individuals are detained in foreign States, corporate property or assets have been confiscated or expropriated, and how to influence mutual criminal legal assistance processes.

Table of Contents

Dedication

Preface

Acknowledgments

Table of Contents

Table of Cases

Table of Statutes

Table of International Agreements

Glossary

 

Introduction

1.      The Sources of International Law and How to Use Them Effectively

2.      Using Treaties and Interpreting Treaties Effectively

3.      Using International Law in Written Submissions

4.      Using International Law to Make Effective Oral Submissions

5.      Procedural Aspects of International Legal Practice in Australia

6.      Accessing Australian and International Institutions

7.      Researching International Law

8.      Practical Aspects of Human Rights

9.      The Implementation of International Environmental Law

10.    Aspects of Investment, Trade and International Economic Law

11.    Practical Aspects of International Security Law

12.    Law and Practice in Extradition and Mutual Criminal Assistance

13.    Specialist Issues Relating to International Law

Consolidated Index of the Practice of International Law by Australia

Index

List of Treaties to which Australia is a Party (Proview only)

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