Relevant bibliographies by topics / Domestic relations courts Australia

Academic literature on the topic 'Domestic relations courts Australia'

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Published: 10 December 2022
Last updated: 29 January 2023

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Journal articles on the topic "Domestic relations courts Australia"

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Trakman, Leon E. "Investor State Arbitration or Local Courts: Will Australia Set a New Trend?" Journal of World Trade 46, Issue 1 (February 1, 2012): 83–120. http://dx.doi.org/10.54648/trad2012004.

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The Australian Government announced in April 2011 that it will no longer include arbitration clauses in its investment treaties but will provide that investment disputes between foreign investors and host states be heard by the domestic courts of those host states instead. This statement reflects doubts by a developed state about the efficiency of bilateral investment treaties (BITs) in general and investment arbitration in particular. It also raises the question whether other countries will follow particular strategies to suit their discrete needs. One ramification is that resource wealthy states will make tactical decisions, such as entering into BITs only with capital exporting countries, as South Africa has declared. Another is whether developed states will avoid concluding BITs with developing countries whose domestic court systems are unknown or mistrusted. Yet another issue is how a policy statement, such as enunciated by Australia, will impact on its ability to attract foreign investment while protecting its national interests and also its investors abroad. This article deals with these issues, highlighting the significance of competing dispute resolution options in addressing the issues.
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Daglish, Kristen. "The Crime of Genocide: Nulyarimma v. Thompson." International and Comparative Law Quarterly 50, no. 2 (April 2001): 404–11. http://dx.doi.org/10.1093/iclq/50.2.404.

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On 31 May 1999 two matters came before the Full Federal Court of Australia, constituted by Justices Whitlam, Wilcox and Merkel. The two cases heard together were different in nature and origin, but their common feature was a claim of genocide. The primary issue was whether the international crime of genocide forms part of the law of Australia. The majority view was that, before an international crime could be prosecuted in an Australian court, specific domestic legislation needed to be enacted. The dissenting opinion was that genocide had become an offence at common law and could be prosecuted. In this case note I will analyse the opinions both in the terms of their impact on the relationship between international law and domestic law in Australia, and in light of recent trends in Australia and other common law countries.
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Gray, Anthony. "Forum Non Conveniens in Australia: A Comparative Analysis." Common Law World Review 38, no. 3 (September 2009): 207–44. http://dx.doi.org/10.1350/clwr.2009.38.3.0188.

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This paper critically examines the law of forum non conveniens, in particular the use of the ‘clearly inappropriate forum’ test in Australia, compared with the ‘more appropriate forum’ test applied in jurisdictions such as the UK and the US. It traces the development of the law in the UK in relation to forum non conveniens, including the English acceptance of the doctrine, and how it has been applied in various cases. Some criticism of the ‘more appropriate forum’ test is noted, and it is not recommended that the courts adopt the ‘laundry list’ approach evident in some US decisions, where up to 25 different factors are considered in assessing a forum non conveniens application. It considers the Australian ‘clearly inappropriate forum’ test, and concludes that the ‘clearly inappropriate forum’ test should no longer be followed in that it is unnecessarily parochial and is not consistent with other goals of the rules of private international law including comity. Links between Australia and the subject matter may well be tenuous. Confusion attends the application of the test in Australia at present, the court has rejected the English approach but claims to apply some of the factors mentioned in the English approach in the Australian test, and there is an undesirable schism between statutory rules applicable in domestic cases and the approach when the common law doctrine of forum non conveniens is used. The law regarding forum non conveniens should be harmonious with choice of law rules, and interest analysis can assist in formulating the desired approach to forum non conveniens applications.
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Kiefel, Susan, and Gonzalo Villalta Puig. "The Constitutionalisation of Free Trade by the High Court of Australia and the Court of Justice of the European Union." Global Journal of Comparative Law 3, no. 1 (May 29, 2014): 34–49. http://dx.doi.org/10.1163/2211906x-00301002.

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Together with matters of multilateral and bilateral regulation, domestic regulation affects the law and policy of economic relations between the European Union (eu) and Australia. This article discusses the constitutional determinants of the Australian single market and the significance to its development of the free trade jurisprudence of the Court of Justice of the European Union. When Australia was federated, free trade between the States and the removal of barriers at the borders were at the forefront of constitutional objectives. They find expression in Section 92 of the Australian Constitution. It took some time for the jurisprudence to develop by reference to principles of competition. Recent decisions of the High Court of Australia highlight the need to prove that a law or measure may have anti-competitive effects within a market to hold it invalid. Application of this (unacknowledged) test of proportionality invites comparison with eu law and opens to question the usefulness of protectionism as a criterion of constitutional invalidity for trade without borders in the ‘new economy’.
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Ludeke, J. T. "The External Affairs Power: Another Province for Law and Order?" Journal of Industrial Relations 35, no. 3 (September 1993): 453–67. http://dx.doi.org/10.1177/002218569303500306.

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Although there was some surprise when the prime minister announced that the government would legislate to give effect to certain conventions of the International Labour Organisation, the way has been open to take this initiative for many years. The possibility of relying on the external affairs power in the Constitution to invoke the conventions, and thereby regulate labour conditions, was first canvassed in the High Court in 1936. Since 1982, there has been a series of cases involving Common wealth legislation founded on conventions to which Australia is party and it is now well established that the external affairs power will support domestic legislation giving effect to Australia's international commitments. To date, Commonwealth legislative initiatives have been in such areas as prohibiting racial discrimination and the protection of world heritage properties, but the reasoning which has been applied by the High Court is equally relevant to legislation providing for regulation of labour conditions. Commonwealth legislation in this field has meant an erosion of state responsibility and the cumulative effect of such legislation raises questions about the disturbance of the federal balance established by the Constitution.
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T, Tirtawening, and Rini Maryam. "THE URGENCY OF APPLYING DOMESTIC VIOLENCE SCREENING MECHANISM FOR DIVORCE MEDIATION IN RELIGIOUS COURT." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 30, no. 1 (February 15, 2018): 138. http://dx.doi.org/10.22146/jmh.28713.

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AbstractThe mediation process in divorce cases is vulnerable to power relation imbalances and domestic violence. Domestic Violence Screening is a set of questions delivered by the mediator to the parties in Religious Court to examine whether domestic violence happens in the marriage. Domestic Violence Screening in mediation is not well known in Indonesia however it has been vastly used in many countries such as USA and Australia. This research tried to explained the benefit of Domestic Violence Screening in divorce mediation in Religious Court and identify whether it can be applied in Indonesia. Screening allows for: a) identification of power relation imbalance and domestic violence; b) domestic violence recording; and c) provide referral services for domestic violence victims. IntisariMediasi perkara perceraian rentan mengalami ketimpangan relasi kuasa dan kekerasan dalam rumah tangga/KDRT. Skrining KDRT (screening domestic violence) merupakan sejumlah daftar pertanyaan yang diajukan oleh mediator kepada para pihak yang berperkara di pengadilan agama untuk memeriksa apakah telah terjadi kekerasan selama ikatan pernikahan. Meskipun skrining KDRT belum dikenal di Indonesia namun telah digunakan secara luas dalam mediasi di berbagai negara. Penelitian ini bertujuan untuk memberikan gambaran sejauh mana manfaat skrining KDRT pada saat mediasi perkara perceraian dan apakah skrining tersebut dapat diterapkan di Indonesia. Keberadaan skrining memudahkan untuk: (a) mengidentifikasi terjadinya ketimpangan relasi kuasa dan kekerasan domestik sebagai faktor penyebab perceraian, (b) melakukan pendataan kasus KDRT, dan (c) memberikan layanan rujukan kepada korban KDRT.
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Kunz, Raffaela. "Judging International Judgments Anew? The Human Rights Courts before Domestic Courts." European Journal of International Law 30, no. 4 (November 2019): 1129–63. http://dx.doi.org/10.1093/ejil/chz063.

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Abstract In recent times, instances of contestation against the European Court of Human Rights and the Inter-American Court of Human Rights have made headlines, and, in many of these cases, domestic courts have played a role by refusing to follow the human rights courts or even declaring their judgments to be unconstitutional. This article undertakes an in-depth analysis of these instances of judicial resistance and puts them into context. This shows that domestic courts, even though originally not having been allocated this role, have become important ‘compliance partners’ of the human rights courts and now play an important and autonomous role in the implementation of their judgments. At the same time, they act as ‘gatekeepers’ and limit their effects in the domestic order. Recent cases even suggest a turn to a less open and more national self-perception of domestic courts. While this reflects to some extent the multiple – and sometimes conflicting – roles domestic courts perform at the intersection of legal orders, the article argues that the open and flexible stance many domestic courts take when faced with international judgments is better suited to cope with the complex and plural legal reality than systematically judging anew on matters already decided by the human rights courts.
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Nollkaemper, André. "Internationally Wrongful Acts in Domestic Courts." American Journal of International Law 101, no. 4 (October 2007): 760–99. http://dx.doi.org/10.1017/s0002930000037714.

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This article explores the relevance of the law of international responsibility to the practice of domestic courts. In addition to proposing analytical distinctions that allow us to systematize and differentiate domestic case law pertaining to international responsibility, the article essentially advances three arguments. First, in certain circumstances domestic courts may find that a breach of an international obligation by the forum state constitutes an internationally wrongful act. Principles of international responsibility may be applicable to such a wrong. Second, domestic courts may contribute to the implementation of the international responsibility of states by ensuring that principles of cessation and reparation are given effect. Third, international law leaves much leeway to states and their courts in applying principles of international responsibility in a specific domestic legal and factual context. The application of such principles will be colored by their interaction with domestic law and will vary among states.
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Kahraman, Filiz, Nikhil Kalyanpur, and Abraham L. Newman. "Domestic courts, transnational law, and international order." European Journal of International Relations 26, no. 1_suppl (September 2020): 184–208. http://dx.doi.org/10.1177/1354066120938843.

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This article revisits the relationship between law and international order. Building on legal research concerned with transnational law, we argue that domestic courts are endogenous sites of international political change. National courts are constitutive of international order by generating new rules, adjudicating transnational disputes, and bounding state sovereignty. We illustrate the ways in which national courts create new political opportunities by updating three core international relations theory debates. Recognizing the role of domestic courts as global adjudicators enhances our understanding of regime complexity and international forum shopping. By re-interpreting aspects of conventional international law, and engaging in cross-border dialogue, domestic courts challenge our understanding of international diffusion and judicialization. By redefining the boundaries of state authority and sovereignty, national courts create potential for conflict and cooperation. A transnational law perspective illustrates the porous nature between domestic and international spheres, highlighting how domestic courts have become adjudicators for state and non-state actors that operate across mainstream levels of analysis. Our approach calls on scholars to move beyond analyzing national legal systems as mechanisms of compliance to instead consider domestic courts as co-creators of international order.
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Voeten, Erik. "Populism and Backlashes against International Courts." Perspectives on Politics 18, no. 2 (June 20, 2019): 407–22. http://dx.doi.org/10.1017/s1537592719000975.

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International courts, like domestic courts, protect liberal limits on majoritarianism. This sometimes puts these courts in a position to protect the property rights of the “corrupt elites” that are targeted by populists or the civil liberties of those who are targeted in domestic populist identity politics. Moreover, populism offers an ideology to attack the authority of a court rather than just its individual rulings. An empirical examination illustrates the plausibility of this argument. A large number of backlashes against international courts arise from judgments that reinforce local populist mobilization narratives. Populist backlashes against international courts are not just about sovereignty but often follow efforts to curb domestic courts, usually for similar reasons. Yet populist backlashes do not always succeed, either because populist leaders do not follow up on their exit threats or because populism is too thin an ideology for creating successful multilateral reform coalitions.
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Dissertations / Theses on the topic "Domestic relations courts Australia"

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Cheng, Ka-po Maria. "A proposal for the establishment of the family law court in Hong Kong and the possible contribution of the social work profession /." [Hong Kong : University of Hong Kong], 1985. http://sunzi.lib.hku.hk/hkuto/record.jsp?B12322349.

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McMillin, Heidee Eileen. "Process and outcome evaluation of the Spokane County meth family treatment court, 2003-2005." Online access for everyone, 2007. http://www.dissertations.wsu.edu/Dissertations/Fall2007/h_mcmillin_120307.pdf.

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Marshall, Helen. "Australian foreign policy and Cambodia : international power, regionalism and domestic politics." Thesis, Canberra, ACT : The Australian National University, 1992. http://hdl.handle.net/1885/112135.

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The Hawke Labor government came to power in March 1983 committed to playing a more active role in finding a solution to the Cambodian conflict, improving bilateral relations with Vietnam and restoring Australian aid. This signalled a departure from the Fraser government's minimal involvement in the issue, and reflected a closer identification of Australia's interests with the Asia-Pacific region. As Foreign Minister, Bill Hayden, explained: The war in Cambodia, in all its many dimensions, is the greatest unresolved source of tension in Southeast Asia...The future of Australia lies in developing a mature and balanced set of relationships with its neighbours in Southeast Asia. Indochina is part of that neighbourhood.
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McBride, John. "A comparison of Australian international and domestic cultural and information activities." Thesis, Canberra, ACT : The Australian National University, 1986. http://hdl.handle.net/1885/112110.

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This thesis will examine Australia's international and domestic cultural and information activities as conducted by Australian governmental instrumentalities since 1966. This period is examined because 1966 was the first year in which cultural and information activities were reported on by the Department of Foreign Affairs (DFA).1 In the examination distinction will be made first, between international and domestic cultural and information activities conducted or directed by DFA and second, between international cultural activities conducted by DFA and the Australia Council.
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Macaulay, Fiona. "Private Conflicts, Public Powers: Domestic Violence in the Courts in Latin America." Palgrave Macmillan, 2005. http://hdl.handle.net/10454/2936.

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No
During the last two decades the judiciary has come to play an increasingly important political role in Latin America. Constitutional courts and supreme courts are more active in counterbalancing executive and legislative power than ever before. At the same time, the lack of effective citizenship rights has prompted ordinary people to press their claims and secure their rights through the courts. This collection of essays analyzes the diverse manifestations of the judicialization of politics in contemporary Latin America, assessing their positive and negative consequences for state-society relations, the rule of law, and democratic governance in the region. With individual chapters exploring Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico, Peru and Venezuela, it advances a comparative framework for thinking about the nature of the judicialization of politics within contemporary Latin American democracies.
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Hemmings, John. "Quasi-alliances, managing the rise of China, and domestic politics : the US-Japan-Australia trilateral, 1991-2015." Thesis, London School of Economics and Political Science (University of London), 2017. http://etheses.lse.ac.uk/3598/.

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This thesis examines how the United States reacted to changes in its external environment in the Asia Pacific after the Cold War; in particular, this paper examines the creation of the security trilaterals in what had been a traditionally bilateral alliance system and seeks to explain this through Washington’s complex relationship with the other great power in the region, China. American policy toward China has been marked by its policy complexity, in the sense that the US has seen China both as an important trade partner and a potential peer competitor. While many scholars have covered both alliance theory and US approaches toward China, this thesis seeks to explore both together, seeking to put American strategy in the region writ-large within an overarching neoclassical realist (NCR) framework. As a result, this thesis prioritizes power and the structure of the international system, while also maintaining that external variables alone are insufficient to explain the complex behavior exhibited by the United States at this time. It therefore draws from domestic variables introduced Foreign Policy Analysis (FPA), and examines them through the NCR conceptions of ‘threat assessment’. This thesis identifies four intervening variables as crucial to understanding the evolution of US policy in the region from 1993 to 2015. These include policy-coalitions of foreign policy elites (FPEs), their perception of the structure of the international system, the domestic political conditions in which they labored, economic inter-dependency to China, and threat-assessment debates. Applying those five to the independent variable of China’s rise, this thesis argues that American foreign policy elites formed into two broad policy coalitions, who could not agree on whether to balance or to accommodate China’s rise. The quasi-nature of the trilateral, the failed attempt at a quadrilateral, and the off-and-on again nature of US-Japan-Australia alliance dynamics indicate that foreign policy elites inside all three states continue to debate China’s threat-assessmentstatus. Therefore, this thesis finds that at heart, hedging is the product of domestic variables, the inability of policy coalitions to triumph over their opposites.
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Cheng, Ka-po Maria, and 鄭家寶. "A proposal for the establishment of the family law court in Hong Kong and the possible contribution of the social work profession." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1985. http://hub.hku.hk/bib/B31247453.

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Lowry, Christine. "Child welfare court process experiences of families and workers /." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://wwwlib.umi.com/cr/yorku/fullcit?MQ22862.

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Thesis (M.S.W.)--York University, 1997. Graduate Programme in Soical Work.
Typescript. Includes bibliographical references (leaves 122-129). Also available on the Internet. MODE OF ACCESS via web browser by entering the following URL: http://wwwlib.umi.com/cr/yorku/fullcit?MQ22862.
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Taylor, Nicola J., and n/a. "Care of children : families, dispute resolution and the Family Court." University of Otago. Children's Issues Centre, 2006. http://adt.otago.ac.nz./public/adt-NZDU20060810.120428.

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This study explored family members� experience of, and satisfaction with, New Zealand Family Court dispute resolution processes concerning children�s care arrangements following parental separation. A qualitative method was employed, using individual interviews with 22 parents and 8 children from 15 families, in three court districts, during 2001-2002. Follow-up interviews were also conducted with the parents one year later to assess the factors affecting compliance with their agreements and court orders. Focus groups were held with 16 Family Court professionals (lawyers, counsellors, specialist report writers and judges) in two cities to obtain their views on the family members� perspectives. Sociocultural and ecological theories, the sociology of childhood and the UNCRC provided the conceptual basis for the research. Historical developments in child custody and divorce laws, which provided the impetus for the establishment of Family Courts internationally, have also been reviewed. Each parent was legally represented, with 87% of the families also attending Family Court counselling and judge-led mediation conferences. Defended hearings occurred in 27% of the cases. Family members reported a broad range of views about their legal and court experiences. They valued their interactions with professionals who took an interest in them and their children, provided clear information and support, let them have their say, and competently managed the dispute resolution processes. Dissatisfaction was frequently expressed with the conduct of ex-partners and with professionals� styles of practice, particularly where these involved erratic or uncompromising attitudes and adversarial tactics. The desire to respond to what was written in an ex-partner�s affidavit escalated some parenting disputes onto a litigation pathway. Delay, cost, gender bias, lack of enforcement of court orders, and inadequate opportunities to feel heard, understood and respected were also identified as problems associated with Family Court proceedings. Earlier access to a wider range of information, support and conciliation services was recommended, together with more post-order explanation and support. The professionals wanted a stronger emphasis on the Family Court as a court of law, rather than a social agency. A clearer demarcation between the court�s conciliation and adjudication functions was considered necessary to avoid clients having unrealistic expectations of the Family Court. Family members� therapeutic needs were important, but thought best met within community-based agencies. The children were aware of their parents� court proceedings and most wanted the opportunity to play a more direct role in the decision about their future living arrangements. Significant or modest changes had occurred in 60% of the families by the time of their follow-up interviews. Some changes had led to a reversal in the original care arrangements, while others had impacted upon the frequency of a child�s contact with their non-resident parent. A new conceptual model for the resolution of post-separation parenting disputes has been developed. This integrates the theoretical framework underpinning the study with the international research evidence on the impact of parental separation and the principles and practices of an effective child-inclusive and culturally responsive family law system.
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Long, Amanda H. "Family dependency treatment courts case studies from Mecklenburg County's families in recovery Staying Together (First) Program /." View electronic thesis (PDF), 2009. http://dl.uncw.edu/etd/2009-2/longa/amandalong.pdf.

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Books on the topic "Domestic relations courts Australia"

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Born in hope: The early years of the Family Court of Australia. Sydney: NewSouth Publishing, 2012.

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Australia. Australian Family Law Act 1975: With regulations and rules : consolidated to 12 June 2009. 2nd ed. Sydney, NSW: CCH Australia, 2009.

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Star, Leonie. Counsel of perfection: The Family Court of Australia. Melbourne: Oxford University Press, 1996.

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Alexander, Renata. Domestic violence in Australia: The legal response. 3rd ed. Sydney: Federation Press, 2002.

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Seddon, Nicholas. Domestic violence in Australia: The legal response. 2nd ed. Sydney: Federation Press, 1993.

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Livermore, Maree. The family law handbook. Sydney: University of New South Wales Press, 2007.

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Livermore, Maree. The family law handbook. 2nd ed. Pyrmont, N.S.W: Lawbook Co., 2010.

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Poplett, Ray E. Domestic relations. St. Paul, Minn: West Pub. Co., 1988.

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Nevada. Legislature. Legislative Commission. Subcommittee to Study Family Courts. Family courts. [Carson City, Nev.]: Legislative Counsel Bureau, 1999.

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Commission, Ireland Law Reform. Consultation paper on family courts. Dublin: The Commission, 1994.

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Book chapters on the topic "Domestic relations courts Australia"

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de Santa Cruz Oliveira, Maria Angela Jardim. "The Relations Between International Law and Domestic Courts." In International Trade Agreements Before Domestic Courts, 13–65. Cham: Springer International Publishing, 2014. http://dx.doi.org/10.1007/978-3-319-13902-9_2.

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de Santa Cruz Oliveira, Maria Angela Jardim. "The Relations Between International Trade Agreements and Domestic Courts in Brazil." In International Trade Agreements Before Domestic Courts, 67–118. Cham: Springer International Publishing, 2015. http://dx.doi.org/10.1007/978-3-319-13902-9_3.

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de Santa Cruz Oliveira, Maria Angela Jardim. "The Relations Between International Trade Agreements and Domestic Courts in the European Union." In International Trade Agreements Before Domestic Courts, 119–76. Cham: Springer International Publishing, 2015. http://dx.doi.org/10.1007/978-3-319-13902-9_4.

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Robb, Thomas K., and David James Gill. "National Interests." In Divided Allies, 10–39. Cornell University Press, 2019. http://dx.doi.org/10.7591/cornell/9781501741845.003.0002.

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This chapter presents a broad survey of events from the end of World War II through to the early years of the Cold War. During the course of World War II, the United States, United Kingdom, Australia, and New Zealand established unprecedented levels of strategic cooperation. Such cooperation, however, should not obscure the existence of significant and persistent differences during and after the conflict. All four states held different views about the future of security and economic cooperation in the Asia-Pacific. The chapter then contrasts U.S., British, Australian, and New Zealand national interests as well as regional objectives in the Asia-Pacific to show that postwar relations between all four states were not always conducive to future cooperation. Indeed, differences in national interests, military capabilities, economic preferences, domestic-political contexts, and security concerns repeatedly undermined cooperation in the Asia-Pacific. These competing national interests would come to weaken and confuse their response to the rising Communist challenge in the Asia-Pacific.
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Pfander, James E. "Probate and Domestic Relations Proceedings." In Cases Without Controversies, 61–72. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780197571408.003.0004.

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This chapter examines the role of uncontested adjudication in probate and domestic relations proceedings. While state courts commonly issued constitutive decrees to recognize or create new legal relationships in these settings (to admit wills to probate or to confirm adoption of children), federal courts declined to hear uncontested proceedings to register or claim a right or title in these contexts. The federal courts lacked power to entertain uncontested applications for the issuance of constitutive decrees as to matters of state law. Such a finding lays the foundation for distinguishing between cases under federal law and controversies over state law, and helps explain the federal judicial reluctance to assert jurisdiction over matters of probate and domestic relations.
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O'Neill, Daniel C. "Sino-Philippine Relations." In Dividing ASEAN and Conquering the South China Sea, 146–78. Hong Kong University Press, 2018. http://dx.doi.org/10.5790/hongkong/9789888455966.003.0007.

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This chapter first provides an overview of the history of Sino-Philippine relations, noting the strong improvement during Gloria Macapagal Arroyo’s term as president from 2001-2010. It uses each president’s annual State of the Nation Address (SONA) as well as data on the number of state visits to and from China to illustrate the relative strength of these relations over time. The chapter then provides evidence that, despite much closer relations with the Arroyo administration, major investments from China agreed to by Arroyo were halted due to strong domestic opposition. Given the Philippine’s relatively democratic institutions, opposition in the courts, the legislature, the media, and civil society was able to force the administration to halt these Chinese projects and end efforts at cooperation between the two governments in the South China Sea. The chapter also presents the Philippines case against Chinese claims and activities in the South China Sea before the Permanent Court of Arbitration at The Hague, which the Philippines instituted partially due to the inability of ASEAN to act collectively regarding the disputes. It concludes by noting efforts of Rodrigo Duterte’s administration to improve relations with China but suggests that these too may be hampered by domestic political opposition.
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Alter, Karen J. "The New International Courts." In The New Terrain of International Law. Princeton University Press, 2014. http://dx.doi.org/10.23943/princeton/9780691154749.003.0003.

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This chapter identifies a significant variation in which states have consented to compulsory international judicial oversight. The reach of international courts (ICs) and international law varies, but where there is international law that litigants can invoke in court, the circle of actors involved in defining what international law means, and what it means for governments to be rule of law actors, expands. This expansion brings with it a shift in international relations, away from state control in both the domestic and international realms. The chapter sketches the international judicial landscape today by presenting a bird's-eye overview of the contemporary international judiciary, revealing temporal, substantive, and regional trends in delegating authority to ICs. But the perspective is largely static, a snapshot in time that obscures how legal practice, international law, and international legal institutions evolve.
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Davies, Paul S. "8. Intention to create legal relations." In JC Smith's The Law of Contract. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198807810.003.0008.

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This chapter discusses the intention to create legal relations in the formation of a contract in domestic or social and commercial transactions. In a domestic or social context, there is a presumption that the parties do not intend to create legal relations. In a commercial context, however, the reverse applies and it is presumed that the parties do intend to create legal relations. No matter which presumption initially applies, that presumption may be rebutted by evidence to the contrary. The chapter concludes that it will not always be easy to decide whether an arrangement is more ‘social’ than ‘commercial’ due to the lack of unanimity in cases such as Esso Petroleum Ltd v Commissioners of Customs and Excise. Courts continue to be split on whether or not an intention to create legal relations is present in particular disputes.
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Davies, Paul S. "8. Intention to create legal relations." In JC Smith's The Law of Contract, 106–14. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198853503.003.0008.

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This chapter discusses the intention to create legal relations in the formation of a contract in domestic or social and commercial transactions. In a domestic or social context, there is a presumption that the parties do not intend to create legal relations. In a commercial context, however, the reverse applies and it is presumed that the parties do intend to create legal relations. No matter which presumption initially applies, that presumption may be rebutted by evidence to the contrary. The chapter concludes that it will not always be easy to decide whether an arrangement is more ‘social’ than ‘commercial’ due to the lack of unanimity in cases such as Esso Petroleum Ltd v Commissioners of Customs and Excise. Courts continue to be split on whether or not an intention to create legal relations is present in particular disputes.
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10

"The Mabo-Decision and the “Discovery” of Native Title in Australia and Beyond." In Litigating the Rights of Minorities and Indigenous Peoples in Domestic and International Courts, 8–52. Brill | Nijhoff, 2021. http://dx.doi.org/10.1163/9789004461666_003.

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Conference papers on the topic "Domestic relations courts Australia"

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Wardhani, Tara Kukuh, and Baiq Wardhani. "Domestic Politics Analysis on Australia Turning Back Boat Policy." In Airlangga Conference on International Relations. SCITEPRESS - Science and Technology Publications, 2018. http://dx.doi.org/10.5220/0010280705880594.

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