Legal studies

Describe two sources of international law.

Two principal sources: 1. Treaties: Formal written agreements between states, creating binding rules. 2. Customary International Law: General state practices accepted as law, evidenced by consistent practice and opinio juris (legal obligation belief).

Describe the role of the High Court of Australia.

The highest court in Australia. Its primary roles: 1. Interpreting the Australian Constitution. 2. Resolving disputes between states or with the Commonwealth. 3. Final court of appeal from federal, state, and territory courts.

Describe the United Nations.

An international organization founded in 1945 by 51 countries. Aims: maintaining international peace and security, developing friendly relations, promoting social progress and human rights. Key organs: General Assembly, Security Council, ICJ, etc.

Describe the three-step treaty making process.

In Australia: 1. Negotiation and Signing: Government negotiates and signs (indicates intent, not domestic law). 2. Parliamentary Scrutiny and Ratification: Parliament (JSCOT) scrutinizes; Executive Council ratifies, expressing international consent. 3. Implementation: Domestic legislation passed for treaty to have legal effect in Australia.

Explain the process of deportation.

Formal removal of a non-citizen from a country on legal grounds (e.g., visa breach, crimes, security risk). Process: 1. Identify grounds. 2. Government decision to cancel visa/deport. 3. Opportunity to appeal. 4. Physical removal, possibly with detention.

Describe the role of the International Court of Justice.

The principal judicial organ of the UN. Its roles: 1. Settle legal disputes between states (only states are parties). 2. Give advisory opinions on legal questions for UN organs. Judgments are binding for states in a case.

Describe the International Criminal Court.

Independent international tribunal (Rome Statute) prosecuting individuals for genocide, war crimes, crimes against humanity, and aggression. Unlike ICJ (states), ICC prosecutes individuals. Acts as a court of last resort when national courts are unable or unwilling.

Explain how law is influenced in Australia.

Influenced by: 1. Common Law Traditions: UK legal system, judicial precedent. 2. Statute Law: Legislation from parliaments. 3. The Constitution: Shapes powers and rights. 4. International Law: Treaties, customary law. 5. Social/Political Movements: Public advocacy, elections. 6. Judicial Interpretation: Courts' rulings. 7. Royal Commissions/Law Reform Bodies: Recommendations for change.

Explain how Australia would secure the return of criminals who have fled the country so they can stand trial without difficulties.

Primarily via extradition treaties. Process: 1. Formal request to the foreign country. 2. Evidence of extraditable offense required ('double criminality'). 3. Foreign country's legal process (court hearings). 4. Surrender to Australian authorities if requirements met. Special arrangements if no treaty, but less common.

Explain arguments for and against the recognition of customary law in Australia.

For Recognition: 1. Reconciliation/Justice: Acknowledges injustices, respects Indigenous traditions. 2. Cultural Preservation: Validates Indigenous cultures and identities. 3. Contextual Justice: Culturally appropriate outcomes in disputes/sentencing. 4. Empowerment: Recognises Indigenous sovereignty.

Against Recognition: 1. Diversity/Uncertainty: Many diverse systems, difficult consistent application. 2. Conflict with Common Law: Some practices may conflict with human rights, equality. 3. Proof/Interpretation: Unwritten, difficult to prove/interpret in court. 4. Enforceability: Concerns about integration without undermining national legal system.

Explain why the use of online sites such as Facebook can be a problem for human rights in Australia.

Problems