Conferences and Events
Expert Workshop, "International
Challenges to National Legal Systems"
12 & 13 August 2004
The National Europe Centre, The Australian National University
The Expert Workshop brought together 27 invited participants, including
government lawyers, academics, barristers and PhD students from Australia, New
Zealand and Canada. This led to two days of highly stimulating discussion from a
group of dynamic and vociferous experts who were able to contribute a range of
perspectives on the nature of the relationship between international law and
domestic legal systems. Participants heard papers from 12 speakers and the
conference organizers on a range of issues which were then addressed in plenary
discussion.
The papers from the workshop will be published by
Federation Press in an edited collection due out next year.
The Conference Program was as follows:
DAY 1: 12 August 2004
Session 1: Workshop themes and challenges
Hilary Charlesworth, Madelaine Chiam, Devika
Hovell and George Williams
International Law and Domestic Law: ‘Which is to be
Master’
Session 2: Rethinking the relationship between
international and domestic law
Mayo Moran (University
of Toronto)
Influential Authority and the Estoppel-like Effect of International Law
Fleur Johns (University
of Sydney)
International-National: Thinking Through the Hyphen
Session 3: Treaties and domestic law: the
pre-ratification roles of the executive and parliament
Joanna Harrington
(University of Alberta)
The Pre-Ratification Roles of the Executive and Parliament: But Which
Parliament?
Ann Capling (University
of Melbourne)
Can the Democratic Deficit in Treaty-Making be Overcome? Parliament and the
Australia-United States Free Trade Agreement
Session 4: Treaties and domestic law:
Incorporation by legislative and non-legislative action
Wendy Lacey (University
of Adelaide)
The Judicial Use of Unincorporated International Conventions in Administrative
Law : Back-Doors, Platitudes and Window-Dressing
John Uhr (Australian
National University)
Rethinking Legislative Powers: Parliamentary Responses to International
Challenges
DAY 2: 13 August 2004
Session 5: Customary international law and
domestic law
Treasa Dunworth
(University of Auckland)
Customary International Law in Domestic Law: A call for cross-border
conversations
Kris Walker & Andrew Mitchell
(University of Melbourne)
New Perspectives on Customary International Law and Australian Law
Session 6: Participation in International
Institutions
Ann Kent (Australian
National University)
The Uncertainty Principle: Factors Influencing National Participation in
International Institutions
Janet McLean
(University of Auckland)
The Citizen, the State and Transnational Government
Session 7: International law and national
politics
Anne Orford (University
of Melbourne)
Trade, Human Rights and the Economy of Sacrifice
Andrew Byrnes
(Australian National University)
International law in the debate over Iraq: legitimacy, indeterminacy and the
parochialism of the present
Session 8: General discussion and wrap up
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