Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

Australian Practice in International Law 1984-1987

Australian Practice in International Law 1984-1987 Australian Practice in International Law 1984-1987 edited by Jonathan Brown Contents I International Law in General 11 Sovereignty, Independence, Self-determination 171 111 Reeognition IV Jurisdietion Territory 228 VI Law of the Sea 243 VII Aviation and Spaee Law VIII International Economie Law 307 IX Individuals X Diplomatie and Consular Relations 454 XI Treaties XII International Organisations 522 XIII International Environmental Law 543 XIV Disputes 549 XV Use of Force Appendix I Australia's Treaty Relations: 1984 and 1985 660 Appendix 11 Australia's Treaty Relations: 1986 and 1987 682 Appendix 111 Australia's Legislation: 1984 and 1985 705 Appendix IV: Australia's Legislation: 1986 and 1987 708 I-INTERNATIONAL LAW IN GENER AL The settlement of Australia-the distinction between "settled" and "conquered" colonies-the situation in Australia On 12 June 1986 the report of the Australian Law Refonn Commission on Aboriginal Customary Law was tabled in the Senate (Sen Deb 1986, 12 June 1986, 3833). Following is an extract from the report (PP Nos 1986/136 and 137) which considers the settled colony debate: 64. The Distinction Between Settled and Conquered Colonies. A more usual-though not necessarily more fruitful-approach to the question of common law recognition of customary law is through a reassessment of the way http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Australian Year Book of International Law Online Brill

Australian Practice in International Law 1984-1987

The Australian Year Book of International Law Online , Volume 11 (1): 553 – Jan 1, 1991

Australian Practice in International Law 1984-1987

Australian Practice in International Law 1984-1987 edited by Jonathan Brown Contents I International Law in General 11 Sovereignty, Independence, Self-determination 171 111 Reeognition IV Jurisdietion Territory 228 VI Law of the Sea 243 VII Aviation and Spaee Law VIII International Economie Law 307 IX Individuals X Diplomatie and Consular Relations 454 XI Treaties XII International Organisations 522 XIII International Environmental Law 543 XIV Disputes 549 XV Use of Force Appendix I Australia's Treaty Relations: 1984 and 1985 660 Appendix 11 Australia's Treaty Relations: 1986 and 1987 682 Appendix 111 Australia's Legislation: 1984 and 1985 705 Appendix IV: Australia's Legislation: 1986 and 1987 708 I-INTERNATIONAL LAW IN GENER AL The settlement of Australia-the distinction between "settled" and "conquered" colonies-the situation in Australia On 12 June 1986 the report of the Australian Law Refonn Commission on Aboriginal Customary Law was tabled in the Senate (Sen Deb 1986, 12 June 1986, 3833). Following is an extract from the report (PP Nos 1986/136 and 137) which considers the settled colony debate: 64. The Distinction Between Settled and Conquered Colonies. A more usual-though not necessarily more fruitful-approach to the question of common law recognition of customary law is through a reassessment of the way in which the basic common law rules with respect to colonial acquisition were applied to Australia in 1788 and thereafter. It has been argued that such a reassessment would open the way to wider recognition of customary laws by the common law. It is clear that these rules were the vehicle by which recognition of Aboriginal laws was denied. From the first days of settlement, the interaction of British administrative policies and legal principles relating to the colonies provided the foundation for asserting of English law at the expense of the customary laws and practices of Aboriginal groups.26The general...
Loading next page...
 
/lp/brill/australian-practice-in-international-law-1984-1987-0OrLos9Be0
Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0084-7658
DOI
10.1163/26660229-011-01-900000010
Publisher site
See Article on Publisher Site

Abstract

Australian Practice in International Law 1984-1987 edited by Jonathan Brown Contents I International Law in General 11 Sovereignty, Independence, Self-determination 171 111 Reeognition IV Jurisdietion Territory 228 VI Law of the Sea 243 VII Aviation and Spaee Law VIII International Economie Law 307 IX Individuals X Diplomatie and Consular Relations 454 XI Treaties XII International Organisations 522 XIII International Environmental Law 543 XIV Disputes 549 XV Use of Force Appendix I Australia's Treaty Relations: 1984 and 1985 660 Appendix 11 Australia's Treaty Relations: 1986 and 1987 682 Appendix 111 Australia's Legislation: 1984 and 1985 705 Appendix IV: Australia's Legislation: 1986 and 1987 708 I-INTERNATIONAL LAW IN GENER AL The settlement of Australia-the distinction between "settled" and "conquered" colonies-the situation in Australia On 12 June 1986 the report of the Australian Law Refonn Commission on Aboriginal Customary Law was tabled in the Senate (Sen Deb 1986, 12 June 1986, 3833). Following is an extract from the report (PP Nos 1986/136 and 137) which considers the settled colony debate: 64. The Distinction Between Settled and Conquered Colonies. A more usual-though not necessarily more fruitful-approach to the question of common law recognition of customary law is through a reassessment of the way

Journal

The Australian Year Book of International Law OnlineBrill

Published: Jan 1, 1991

There are no references for this article.