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Abstract from

Internationalising Law: A New Frontier for Law and Justice

The Honourable Justice Michael Kirby AC CMG was appointed to the High Court of Australia in February 1996. At the time of his appointment he was President of the New South Wales Court of Appeal, having been appointed to that office in September 1984. Justice Kirby served as the first Chairperson of the Australian Law Reform Commission from 1975 to 1984. In 1983 he became a judge of the Federal Court of Australia, serving on that court until 1984. He has held numerous national and international positions, including on the Board of CSIRO, as President of the Court of Appeal of Solomon Islands, as UN Special Representative in Cambodia and as President of the International Commission of Jurists. In 1991 he was appointed a Companion of the General Division on the Order of Australia.

Last century, before globalisation, international law existed for the control of nation states and international organisations. This century, international law exists for the internationalisation of law. In other words, the internationalisation of law is necessary if the law, and the rule of law, are to prevail. Accordingly, we need to adjust our legal mind and re-focus our perceptions of what law is in the face of globalisation and the implicit internationalisation of law. The internationalisation of law involves a multidisciplinary process to adapt municipal law to the advances of international law and the developments of international and regional agencies and institutions.

 (2007) 25 No 1  Law in Context 11-24

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