International Law Practice Manual

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 initiating documents 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 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, 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. Other professionals will find it to be of assistance wherever international law is relevant to their work.

The International Law Practice Manual will significantly assist the reader’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 Australia's legal position is relevant.

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.

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)