NO COUNTRY IS AN ISLAND
Australia and International Law
HILARY
C H A R L E S WO R T H
MADELAINE
C H I A M
DEVIKA
H O V E L L
GEORGE
W I L L I A M S
International law is more immediately relevant to Australian
politics, law and our everyday lives than we imagine. As
this important book shows, international law has a growing
significance for trade, human rights, crime, terrorism and climate
change.
Australia’s leading international law and constitutional law
experts explain the mechanics of engagement between Australia’s
system of government and international law. They look at the
ideologies and controversies that inform Australian debates
about international law and its practice. They examine recent
cases where international law has had a role, such as the Iraq war,
the negotiation of the US–Australia Free Trade Agreement, the
International Criminal Court and the detention of David Hicks at
Guantanamo Bay.
This is a highly readable, timely and important book. It
shows that, while international law can seem remote, Australia is
inescapably integrated into the global community. This gives rise
to an urgent need to understand international law and to ensure
Australia’s engagement with the international legal order is as
transparent as possible.
U N S W
P R E S S
U N S W
P R E S S
NO COUNTRY IS AN ISLAND
C H A R L E S W O R T H C H I A M
H O V E L L W I L L I A M S
NO COUNTRY IS AN ISLAND
Meditation XVII
NO COUNTRY IS AN ISLAND
AUSTRALIA AND
INTERNATIONAL LAW
HILARY CHARLESWORTH
MADELAINE CHIAM
DEVIKA HOVELL
GEORGE WILLIAMS
U N S W
P R E S S
A UNSW Press book
Published by
Design
Cover artwork Dow: Island
Print
CONTENTS
Acknowledgments vi
Abbreviations viii
ONE The politics of international law 1
TWO International law and the mechanics of engagement 24
THREE Human rights 64
FOUR Trade 106
FIVE No country is an island 144
Appendix 161
Table of cases 161
Table of statutes and treaties 163
Further reading 168
Index 170
ACKNOWLEDGMENTS
Acknowledgments [ vii ]
ABBREVIATIONS
Abbreviations [ ix ]
CHAPTER 1
THE POLITICS OF INTERNATIONAL LAW
Introduction
[ 2 ] No Country is an Island
The politics of international law [ 3 ]
[ 4 ] No Country is an Island
Attitudes to international law
The politics of international law [ 5 ]
[ 6 ] No Country is an Island
Al-Kateb v Godwin
Law
without Nations
The politics of international law [ 7 ]
[ 8 ] No Country is an Island
The 2003 Iraq war
The politics of international law [ 9 ]
[ 10 ] No Country is an Island
The politics of international law [ 11 ]
[ 12 ] No Country is an Island
The politics of international law [ 13 ]
[ 14 ] No Country is an Island