ABSTRACT

This chapter provides background to the regulation of aviation law in both an international and national framework –such framework critical to an understanding of current and emerging drone law in federal and unitary jurisdictions. It reviews the complexities of implementing international law into domestic law in Australia. The chapter explores the balancing of powers between the national and sub-national levels of government, and then between the legislative, judicial and executive arms of government. The Vienna Convention on the Law of Treaties is the primary instrument that regulates treaties. It was created because of the need to reformulate the law with coherence and consistency given the growing importance of treaties for relations between States. The concept of 'reservation' in the context of international treaties exists in customary law, but it was not until the advent of the Vienna Convention that reservation became an established, codified 'right' available to States.