Anglo–Australian law has long had connections with international law. This is scarcely surprising, given the Eurocentric basis of modern international law, and the importance of England within Europe during the period of its evolution.

In this chapter I will place national law in the wider context of international law, and will explore how recent developments in international law relate to Australia's Aboriginal people.

The relationship between international law and national law

In classical theory international and national law represented two quite distinct domains. International law was concerned with the relationship between states (inter nationes) as represented by their governments, and it had little concern for matters internal to such states. It was national law alone that addressed relationships among people and relationships between government and people.

There were, however, exceptional areas in which international law did concern itself with the rights of people, either as individuals or as groups. Such topics included aliens; diplomatic representatives; slavery; piracy; and, in wartime, civilians, the sick and wounded, and prisoners of war.

International law's concern with people, as distinct from states, has increased enormously since World War II, largely through the development of a substantial body of standards and processes relating to human rights. This evolution has developed a growing area of overlap between the international and national systems and raises questions as to the influence of international law within national law.