An Interview with Society Patron Mr Henry Burmester AO QC
Mr Henry Burmester AO QC was Chief General Counsel in the Australian Government Solicitor (AGS) for over a decade, the Acting Solicitor-General from 1997–98, and before that head of the Office of International Law in the Attorney-General’s Department. In 2009 he became a Consultant Counsel to the AGS. Mr Burmester has appeared as Counsel for the Commonwealth in leading constitutional cases before the High Court. He has also been involved in all of the cases involving Australia before the International Court
1. As a lawyer and practitioner with such a vast career specialising in International law and constitutional law, what motivates you in your work? What are the goals you want/or wanted to accomplish in your work?
I chose to be a practising lawyer with government. That was because I wanted to be directly involved in developing and implementing international law. I did spend 4 years teaching and researching at ANU but found I was much more motivated and interested in working for government . As a government lawyer, I was involved in negotiating treaties, appearing in international and domestic dispute tribunals, and advising on many important issues. While working for any client, including government, can have its challenges I was privileged to work on some issues of major significance and this was very fulfilling.
2. How have your studies at the ANU influenced your work? What drew you to your studies in International Law?
I was always interested in government and politics growing up in Canberra. Public law thus was something I liked from the start. A good teacher who showed me that international law was full of policy and far from black letter got me hooked on international law. I was able to pursue that interest a few years after graduating by doing a Masters degree in the United States focussing on law of the sea.
3. Throughout your years as Head of the Office of International Law in the Attorney General’s Department, what were some major developments in the international law which you remember?
During that time I was heavily involved in the Nauru and East Timor cases before the International Court, where Australia was a defendant. It was also a period when many more domestic court cases raised international law issues. One of these was Polyukhovich in the High Court, the War Crimes case. The Office was involved in preparing materials and submissions on relevant international law to assist the courts.
4. What advice would you give to ANU Law students wanting to pursue a career in international law?
Today there are so many different areas of international law that there are many career choices. However, a good grounding in the fundamentals of international law before specialising in particular areas is desirable. International law is also an area where postgraduate study is often a useful step.
5. What new projects are on the horizon for 2016/17?
These days I am largely an observer of international law developments rather than an active participant. I am involved in some international dispute settlement matters, one as a member of a tribunal, another as counsel. There are many issues of current public interest that raise international law issues such as human rights and trade law where international lawyers can play an important role.
