LAWS1023 Lecture Notes - Lecture 3: Municipal Law, Judiciary Of Australia, Alabama Claims
20 Jul 2018
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4: international law and municipal law: how international law pays attention to municipal law [municipal law as a source of international law] Domestic law can be evidence of state practice and opinion juris (statute of c+icj) Domestic law can be evidence of general principles (statute of icj) But a state cannot invoke provisions of its domestic law as a justification for failing to discharge its international legal obligations (see next part) Illegality under municipal law no defence for breach of international law. Rule given effect in art 27, vclt and similar principle in art 3 dasr. Article 27, vienna convention on the law of treaties. Article 3, draft articles on state responsibility. Il is moving from a 20th century phase of rapid development, to a more considered assessment of how it is to be implemented, complied with and enforced. There is an increasing encroachment of il upon areas of legal regulation traditionally considered in the confines of ml tensions.
