I note at this point that I will not be dealing in any detail with the more general question of the relationship between international law and domestic law-that is, the incorporation/transformation debate. Although this is a constitutional question, it is not the question on which I wish to focus, and it has been dealt with extensively elsewhere. Briefly, however, it may be noted that in our legal system treaties are not automatically"part of domestic law. Rather, an act of transformation is required to give treaties direct effect in Australian law. In relation to customary international law the position is more complex. It is still possible to argue that customary international law is"part of the Australian common law without requiring legislation to transform customary international law into Australian law, based on English authorities(such as Triquet v Bath and Trendtex Trading Corporation v Central Bank of Nigeria,)and some older Australian cases (such as Polites v The Commonwealth and Chow Hung Ching v R). However, such a proposition was rejected by Dixon CJ in Chow Hung Ching and, more recently, impliedly rejected by a majority of the Full Federal Court in Nulyarimma v Thompson. 13 There is no recent High Court support for an id 384( Gummow and Hayne JJ), Polites 78(Dixon J 6 See, eg, Kristen Walker, "Treaties and the Internationalisation of Australian Law"in Cheryl Saunders ed, Courts of Final Jurisdiction(1995); Andrew Mitchell, "Genocide, Human Rights Implementation And The Relationship Between International And Domestic Law: Nulyarimma v Thompson"(2000)24 MULR 15: James Crawford and William Edeson, "International Law and Australian Law in KW Ryan (ed), International Law in Australia(2 ed, 1984)71; C Alexandrowicz, "International Law in the Municipal Sphere According to Australian Decisions"(1964)13 International and Comparative Law 7 For a fuller discussion of the relationship between treaties and Australian law, see Kristen Walker "Treaties and the Internationalisation of Australian Law in Cheryl Saunders, ed, Courts of Final (1995)20 B(1764)3Bur1478[97ER777 °[1977]1QB529 10(1945)70cLR60 (1948)77CLR449 /bid 477 [199]FCA1192(1sept1999), paras24,52I note at this point that I will not be dealing in any detail with the more general question of the relationship between international law and domestic law – that is, the incorporation/transformation debate. Although this is a constitutional question, it is not the question on which I wish to focus, and it has been dealt with extensively elsewhere.6 Briefly, however, it may be noted that in our legal system treaties are not automatically "part of" domestic law. Rather, an act of transformation is required to give treaties direct effect in Australian law.7 In relation to customary international law, the position is more complex. It is still possible to argue that customary international law is "part of" the Australian common law without requiring legislation to transform customary international law into Australian law, based on English authorities (such as Triquet v Bath8 and Trendtex Trading Corporation v Central Bank of Nigeria9 ) and some older Australian cases (such as Polites v The Commonwealth10 and Chow Hung Ching v R11). However, such a proposition was rejected by Dixon CJ in Chow Hung Ching12 and, more recently, impliedly rejected by a majority of the Full Federal Court in Nulyarimma v Thompson. 13 There is no recent High Court support for an 5 Ibid 384 (Gummow and Hayne JJ), Polites 78 (Dixon J). 6 See, eg, Kristen Walker, "Treaties and the Internationalisation of Australian Law" in Cheryl Saunders, ed, Courts of Final Jurisdiction (1995); Andrew Mitchell, "Genocide, Human Rights Implementation And The Relationship Between International And Domestic Law : Nulyarimma v Thompson" (2000) 24 MULR 15; James Crawford and William Edeson, “International Law and Australian Law” in KW Ryan (ed), International Law in Australia (2nd ed, 1984) 71; C Alexandrowicz, "International Law in the Municipal Sphere According to Australian Decisions" (1964) 13 International and Comparative Law Quarterly 78. 7 For a fuller discussion of the relationship between treaties and Australian law, see Kristen Walker, "Treaties and the Internationalisation of Australian Law" in Cheryl Saunders, ed, Courts of Final Jurisdiction (1995) 204. 8 (1764) 3 Burr 1478 [97 ER 777]. 9 [1977] 1 QB 529. 10 (1945) 70 CLR 60. 11 (1948) 77 CLR 449. 12 Ibid 477. 13 [1999] FCA 1192 (1 Sept 1999), paras 24, 52. 3