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Some legal officers may recall that Professor Lindell gave a highly regarded talk at Maritime Headquarters in 2006. His concise 44 page monograph delves into some very pertinent questions for Defence legal officers. It addresses that critical, yet difficult, area of the interface between international and domestic law as it relates to the use of force in international relations. Professor Lindell carefully discusses judicial consideration of the international legality of war, legislative approval of hostilities, failure to make diplomatic representations for citizens detained by foreign governments and expropriation decrees. He also deals with Act of State Doctrine, justiciability and judicial review of foreign affairs. It is rare to get judicial consideration of these questions in the common law world, and it is particularly valuable to have an analysis of such cases that weighs their significance for Australia. This monograph is highly recommended to Defence legal officers. |
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