By Hilary Charlesworth
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Extra info for No Country is an Island: Australia and International Law
Such an enforcement power is unusual. In the international legal system, there is no police force or compulsory court system to enforce the law and parties generally rely on non-legal means, such as diplomacy, for enforcement. Many international institutions also provide a forum through which disputes can be resolved between states. The decisions of these dispute settlement bodies provide authoritative sources of international law. Yet the power of these dispute settlement bodies to hear cases is often subject to the consent of states in any particular case.
The debate shows how international law can be deployed both by more progressive and conservative elements of Australian society. Conclusion The Iraq war and narcotics examples illustrate how Australian attitudes to international law are inﬂuenced by factors such as the demands of international political alliances and domestic politics. The importance of these is further illustrated in chapters 3 and 4, where we also identify other elements in Australia’s relationship with international law, such as the inﬂuence of particular individuals and the role of parliament.
The result was that parliament and the public were unable to contribute as part of such a process to debate about the advantages and disadvantages of the Clean Development Partnership. The partnership therefore avoided the examination to which its counterpart in treaty form, the Kyoto Protocol, was subjected. [ 32 ] No Country is an Island The example of the Clean Development Partnership highlights one of the ﬂaws in Australia’s institutional relationship with international law. While treaties are subject to a scrutiny process by the public and parliament, aspects of Australia’s international relations that are not conducted on a treaty basis escape a similar level of inquiry.
No Country is an Island: Australia and International Law by Hilary Charlesworth