What is good for the goose should be good for the gander: the operation of the Rome Statute in the Australian context

Collins, Pauline (2009) What is good for the goose should be good for the gander: the operation of the Rome Statute in the Australian context. University of New South Wales Law Journal, 32 (1). pp. 106-142. ISSN 0313-0096

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Abstract

This paper considers the Australian declaration made at the time of ratifying the Rome Statute and its implications for the International Criminal Court (ICC) within the Australian context. The nature of the declaration is investigated in light of the Vienna Convention on the Law of Treaties, 1969, and in particular the International Law Commission’s recent Draft Guidelines on Reservations. It concludes that Australia would have a more respected voice at the international level were it to withdraw the declaration and aim for the greatest possible cooperation with the ICC in the pursuit of justice in regard to serious violations such as genocide, crimes against humanity and war crimes.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Author's version deposited with blanket permission of publisher.
Depositing User: Ms Pauline Collins
Faculty / Department / School: Historic - Faculty of Business - School of Law
Date Deposited: 22 Dec 2009 09:19
Last Modified: 02 Jul 2013 23:30
Uncontrolled Keywords: ICC; Rome Statute; Australian Declaration
Fields of Research (FOR2008): 18 Law and Legal Studies > 1801 Law > 180120 Legal Institutions (incl. Courts and Justice Systems)
16 Studies in Human Society > 1606 Political Science > 160607 International Relations
18 Law and Legal Studies > 1801 Law > 180116 International Law (excl. International Trade Law)
Socio-Economic Objective (SEO2008): C Society > 94 Law, Politics and Community Services > 9403 International Relations > 940399 International Relations not elsewhere classified
URI: http://eprints.usq.edu.au/id/eprint/6192

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