Protecting Human Rights and Countering Terrorism: Australia's Contradictory Approaches to Implementing its International Legal Obligations

12 Pages Posted: 11 Dec 2009

See all articles by Dianne Otto

Dianne Otto

University of Melbourne - Melbourne Law School

Date Written: December 8, 2009

Abstract

Australia has consistently resisted adopting legislation that would directly and comprehensively implement its legal obligations pursuant to multilateral human rights treaties, maintaining that human rights are better protected by democratic legal processes than judicially interpreted bills of rights. This approach has left many human rights very poorly protected by Australian law. In contrast, Australia’s commitment to democratic discussion and deliberation did not impede the hasty adoption of comprehensive legislation implementing its international legal obligations pursuant to Security Council resolutions aimed at countering international terrorism. This legislation has further eroded the already fragile domestic framework for the protection of human rights. The justifications for these contradictory approaches to domestic implementation of international legal obligations are examined in this paper and it is suggested that they may foreshadow the demise of collaborative international law-making and, in its place, the rise of ‘hegemonic’ international law.

Keywords: international law, security council, Australia, human rights, counter-terrorism, obligations

JEL Classification: K00, K19, K33

Suggested Citation

Otto, Dianne L., Protecting Human Rights and Countering Terrorism: Australia's Contradictory Approaches to Implementing its International Legal Obligations (December 8, 2009). Valparaiso University Law Review, Forthcoming, U of Melbourne Legal Studies Research Paper No. 440, Available at SSRN: https://ssrn.com/abstract=1520754

Dianne L. Otto (Contact Author)

University of Melbourne - Melbourne Law School ( email )

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