INTERNATIONAL LAW

DOMESTIC LAW

• the law of a nation state

INTERNATIONAL LAW

• a body of rules and principles that govern relations between nation states

CHARACTERISTICS OF A NATION STATE

• defined territory

• permanent population

• effective government

• capacity to enter into international negotiations

STATE SOVERIGNITY

• the power of a nation state to govern its internal affairs, such as making laws, without external interference

EXPLAIN IMPACT OF STATE SOVERIGNITY ON INTERNATIONAL LAW

• State sovereignty = power of a nation to make its own laws and decisions.

• States cannot be forced to follow international law — they must agree to it.

• Exception: if a state violates human rights, external intervention may occur.

• Impact: Limits enforcement — international law depends on consent.

INTERNATIONAL CUSTOMARY LAW

• not written (unspoken rule), traditional

• based on long established traditions or common practises followed by many states ti the point that they are accepted as being right by the international community

• not considered law unless states accept that the practise is binding upon them

INTERNATIONAL INSTRUMENTS → DECLARATIONS

• a formal statement of a party’s position on a particular decision

• not legally binding, in order to agree to a statement, the party MUST sign it

INTERNATIONAL INSTRUMENTS → TREATIES

• a written international agreement states (bilateral or multilateral)

• used to make laws to control conduct between states or establish an international organisation

• binding on a state when that state ratifies it (agrees to bound by conditions)

INTERNATIONAL INSTRUMENTS → LEGAL DECISIONS

• international precedents

• judgements or international courts and tribunals contribute to international law. Stare decisis does not apply to IC , legal decisions are persuasive not binding

INTERNATIONAL INSTRUMENTS → WRITINGS

• writings of respected international lawyers, judges, academics and experts guide decision making that involves

• interpreting what a treaty means

• what the application of those treaties would be a particular international dispute

HOW INTERNATIONAL LAW IS INCORPORATED IN AUSTRALIAN LAW (SIGNING, RATIFYING, ENACTING)

• SIGNING: to express the intention to comply with the treaty, however, this expression of intent in itself is not binding

• RATIFY: to formally confirm that the state intends to be bounty by the treaty

• ENACT: to pass legislation that reflects the treaty

EX OF INTERNATIONAL LAW INCORPORATED INTO AUS LAW

• Disability Discrimination act of 1992 (Cth) which reflects productions from the convention of the rights of people with disabilities

• This process involves legislation mirroring international treaties demonstrates how Australia integrates it international communities into domestic law.

INTERNATIONAL ORGANISATIONS → UN

UNITED NATIONS

• Established by the UN Charter (1945)

• 193 member states

• Aims:

  • Maintain international peace and security

  • Develop friendly relations

  • Achieve international cooperation

  • Provide a forum for dispute resolution

1) General Assembly

• Main deliberative organ

• 193 members

• Discusses international matters

• Debates and votes (non-binding)

• Represents world opinion

2) Security Council

• Executive organ of the UN

• 15 members: 5 permanent (UK, US, Russia, China, France) + 10 non-permanent

• Maintains peace and security

• Can issue sanctions and authorize military action

3) International Court of Justice (ICJ)

• Primary judicial organ (located in The Hague, Netherlands)

• 15 judges

• Resolves disputes between states (binding rulings)

• Can issue advisory proceedings (non-binding)

• Only hears cases if both parties consent

4) Economic and Social Council (ECOSOC)

• Discusses international economic & social issues

• Creates policy recommendations for states

5) Secretariat

• Carries out decisions of the UN

• Handles day-to-day operations

• Headed by the Secretary-General

INTERNATIONAL CRIMINAL COURT

• genocide: the deliberate extermination of a particular group based on ethnicity

• war crimes: serious violations of the laws and customs of war during aimed conflict (ex; torture, inhumane treatment)

• crimes against humanity: acts spread across civillians causing suffering or harm (ex; murder, rape, torture)

• aggression: use of armed force against another state without justification (ex; invasion, military occupation)

INTERNATIONAL COURT OF JUSTICE

• the primary judicial organ of the UN located in the Netherlands

• resolves disputes between nation states and give opinions on any legal question

• can’t force states to solve disputes because of state sovereignty, so the states must choose to go

• If states don’t accept the verdict then the security council can enforce it because their decisions are binding

INTERNATIONAL TRIBUNALS → INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA

• est 1993- 2017

• jurisdiction over breaches of the Geneva conventions, genocide, war crimes and crimes against humanity committed in Yugoslavia since 1991

• AIM: to prosecute serious crimes committed during the yugoslav wars

INTERNATIONAL TRIBUNALS → INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA

• est 1994-2015

• jurisdiction over genocide, crimes against humanity and violations of the geneva conventions

• AIM: to prosecute people responsible for the rwanda genocide and other serious violations of international law in Rawanda in 1994

INTERGOVERNMENTAL ORGANISATIONS

• Organised groups of states pursuing mutual interests.

• Make collective decisions on international issues.

• Can be subsidiary agencies of the UN or regional bodies.

• Examples:

  • European Union (EU)

  • African Union (AU)

  • North Atlantic Treaty Organisation (NATO)

  • International Labour Organization (ILO)

NON-GOVERNMENTAL ORGANISATIONS

• Groups based on common interests/aims, with no government connection.

• Inform the public and lobby governments on international issues.

• Examples:

  • Amnesty International

  • Human Rights Watch

  • World Vision

  • International Crisis Group

  • International Committee of the Red Cross