International Law & Human Rights
5. Litigation in the Courts
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 05 Aug 2015
- The breach of an international human right does not entitle you to start litigation. It is not a cause of action in its own right.
- However issues of international human rights law may still arise in a civil trial.
- A number of High Court judges have declared that international legal principles are relevant considerations when interpreting Australian legislation and common law.
- The relationship between international law and domestic law is very convoluted and technical.
- Litigation involving the application of international human rights law requires skilled legal advice from an expert in the field.
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