HSC Legal Studies: International Law, Law Reform, and Dispute Resolution

Vocabulary flashcards based on lecture notes covering Australian legal terminology, international law frameworks, the mechanics of law reform (Native Title and Bail), and dispute resolution between individuals and the state.

EJR

An acronym used to study factors of the legal system: Enforceability (police and courts), Justice (balancing rights), and Reform (change).

SiCCa

The sources of modern Australian law: Statute law, Common law, and Constitutional law.

International Law

Agreements and declarations made between two or more countries, such as the UDHR and CRC.

State Sovereignty

The legal principle that allows a nation-state to govern itself and enter into international agreements without outside interference.

SSUIIC

The sources of international authority: State sovereignty, the UN, IGOs (Other than the UN), International Instruments, and Courts & Tribunals.

International Instruments

Documents such as treaties (binding agreements) and declarations (non-binding statements of desire).

Monist Country

A country, such as France, where treaties become part of domestic law immediately and are enforceable upon being signed/ratified.

Dualist Country

A country, such as Australia, where a treaty is not enforceable until it is incorporated into domestic law through statute law.

UNSC

The United Nations Security Council, comprised of $15$ members, responsible for global peace and security.

5P countries

The five permanent members of the UNSC who possess the power of veto, meaning a resolution will not pass if one of them votes against it.

UNGA

The United Nations General Assembly, which contains $193$ members and decides matters based on a simple majority.

ICJ

International Court of Justice; the primary judicial organ of the UN that deals with disputes between nations.

ICC

International Criminal Court; an independent body that prosecutes individuals for international crimes.

Private Law (PaCT)

Also known as Civil Law, involving disputes between individuals or businesses regarding Property law, Contract law, and Tort law.

Public Law (CAC)

Law governing the relationship between individuals and the state, consisting of Criminal law, Administrative law, and Constitutional law.

CAMeL

A mnemonic for Law Reform: Conditions (Social values, Justice, Technology), Agencies (Media, NGOs, Commissions), Mechanisms (Statute, Common law, Treaties), and Lag (the time difference between change and law).

Terra Nullius

A Latin term meaning "nobody's land," which was the legal justification for British colonization of Australia.

Mabo #2 (1992)

A landmark High Court case where the court introduced Native Title, recognizing Eddie Mabo's rights over his land.

Unacceptable Risk (UAR) Test

A test introduced in the Bail Act $2013$ where the prosecutor must show the individual poses an unacceptable risk to be denied bail.

Show Cause Test

A requirement added to the Bail Amendment Act $2014$ where an accused person charged with a serious offence must justify why they should not be detained.

Right

An entitlement under a law that acts as a legal protection, such as religious freedom under $\text{section } 116$ of the Constitution.

Responsibility

A legal or moral duty owed to others, such as the duty not to harm others under $\text{section } 18$ of the Crimes Act $1900$ (NSW).

Internal Review

A method of administrative review where a government department is asked to monitor and reassess its own decision.

External Review

A challenge to a government decision heard by an independent body, such as an Administrative Review in a Tribunal or a Judicial Review in a Court.

Non-Legal Mechanisms

Methods to challenge the State through democracy and public pressure, such as the media, NGOs, or unions, which are strictly non-binding.