Legal Studies Essay Plans

International / Transnational Crime Intro

Introduction

International and transnational crimes exceed single-state jurisdiction.

Require cooperation between domestic, regional, and international actors.

International legal measures show promise, but:

Domestic coordination is inconsistent.

Legislation is often weak.

Non-legal mechanisms lack support.

International / Transnational Crime P1

Domestic Failures - The Ning Case

Case: 15-year-old Thai girl trafficked into Sydney brothel.

Jurisdictional confusion between NSW Police and AFP.

Immigration treated her as undocumented, not a victim.

Evidence lost due to poor coordination → no convictions.

Highlights:

Fragmented authority.

Weak federal law enforcement framework.

International / Transnational Crime P2

Non-Legal Domestic Responses

NGOs like Anti-Slavery Australia advocate for reform.

Key legislation: Modern Slavery Act 2018 (Cth).

NGOs (e.g., International Justice Mission, Project Respect) offer:

Counseling.

Rehabilitation.

Limitations:

Funding shortages.

Weak coordination with law enforcement.

International / Transnational Crime P3

Regional & International Cooperation - PTCN

Pacific Transnational Crime Network (PTCN) (est. 2002):

20+ Pacific nations share intelligence.

Supported by AFP.

Dismantled major meth lab in Fiji.

Legal framework: UN Convention against Transnational Organized Crime (2000).

Media coverage boosts public awareness and government accountability.

International / Transnational Crime P4

Global Enforcement - Operation Ironside

Joint AFP-FBI operation (2017-2021).

Developed encrypted app ANOM → intercepted 12M+ messages.

9,000+ officers across 17 countries involved.

Result: Major arrests and drug seizures.

Legal principles achieved:

Protection.

Access.

Deterrence.

Non-legal support: Media coverage amplified impact.

Domestic Effects

Domestic Legislation - Mixed Results

Modern Slavery Act 2018 (Cth):

Requires large businesses to report supply-chain risks.

3,000+ companies listed.

No penalties for non-compliance.

Excludes SMEs.

NGOs like Walk Free use Global Slavery Index to rank efforts.

Legal framework lacks enforcement → symbolic, not preventative.

Domestic Effects 2

Successful Domestic Reform - R v Tang

Legislation: Criminal Code Amendment (Trafficking in Persons) Act 2005 (Cth).

Case: R v Tang (2008) → High Court upheld conviction in 2009.

Brothel owner forced Thai women into debt bondage.

Legal precedent: Ownership-like control = criminal offence.

Aligns with: Protocol to Prevent, Suppress and Punish Trafficking in Persons (2000).

NGO support: Anti-Slavery Australia helped victims navigate legal system.

Conclusion

International efforts (Ironside, PTCN) show strong enforcement via cooperation.

Domestic gaps (Ning case, Modern Slavery Act) reveal weak protection and fragmented systems.

R v Tang proves targeted reform can work.

Non-legal mechanisms (NGOs, media) complement legal responses.

A cohesive, integrated approach is essential for comprehensive justice.

Criminal Justice System Young Offenders

The criminal justice system aims to balance:

Accountability

Rehabilitation

Community protection

Key legislation:

Children (Criminal Proceedings) Act 1987 (NSW)

Young Offenders Act 1997 (NSW)

Systemic issues:

Inconsistent age thresholds

Overuse of detention

High youth recidivism

Limited non-legal support

Overall: Partially effective in balancing rights of young offenders, victims, and society

Criminal Justice System Young Offenders P1

Age of Criminal Responsibility & Don Dale

Issue: Minimum age of criminal responsibility remains at 10 in NSW

Case study: Don Dale Youth Detention Centre (NT)

Royal Commission (2016) exposed abuse (e.g., tear-gassing, shackling of 10-year-olds)

Recommended raising age and closing Don Dale — not implemented

Advocacy:

Amnesty International, AHRC push for age to be raised to 14

International standard: UN Convention on the Rights of the Child (UNCROC) recommends age 14

NSW's current law: Children (Criminal Proceedings) Act 1987 (NSW) — age remains 10

Effectiveness: Low compliance with international standards; prioritises punishment over protection

Criminal Justice System Young Offenders P2

Case Study - R v LMW (1999) & Doli Incapax

Case: R v LMW (1999) — 10-year-old charged with manslaughter

Legal principle: Doli incapax — presumes children under 14 lack criminal intent unless proven otherwise

Outcome: Acquittal due to lack of understanding and inconsistent evidence

Highlights:

Children's limited comprehension of consequences

Inefficiency and unfairness of prosecuting very young offenders

Advocacy:

Change the Record, Raise the Age campaigns

Promote early intervention and trauma-informed care

Effectiveness: Doli incapax protects rights but age threshold undermines justice and efficiency

Criminal Justice System Young Offenders P3

Children's Court & Recidivism

Institution: Children's Court of NSW (under Children's Court Act 1987 (NSW))

Closed hearings, no juries, identity protection

Focus on rehabilitation and procedural fairness

Issue: High youth recidivism — 79% vs 56% for adults (BOCSAR, 2015)

Underlying causes:

Trauma

Family instability

Poverty

Non-legal responses:

Youth Off The Streets, Mission Australia

Provide mentorship, education, family support

Limitation: Funding shortages reduce reach and impact

Criminal Justice System Young Offenders P4

Restorative Justice & Community Programs

Legal framework: Young Offenders Act 1997 (NSW)

Alternatives to court:

Warnings, cautions, Youth Justice Conferences (YJCs)

YJCs:

Offender meets victim in structured mediation

Outcomes: apology, community service, reparation

Results:

59% of participants did not reoffend (Dept. of Child Safety & Disability Services, 2022)

Community initiatives:

PCYC (Police Citizens Youth Clubs) — build trust, offer life skills and recreation

Effectiveness: High — promotes accountability, reduces reoffending, empowers victims

Criminal Justice System Young Offenders Overall Evaluation

Overall Evaluation

Strengths:

Doli incapax

Children's Court protections

Restorative justice and community programs

Weaknesses:

Outdated age laws

Continued use of punitive detention (e.g., Don Dale)

Limited integration of non-legal responses

Mixed effectiveness: Symbolic protections without systemic reform

Criminal Justice System Young Offenders Conclusion

Conclusion

NSW system includes valuable protections and diversionary pathways

Undermined by:

Low age of responsibility

Punitive detention practices

Underfunded non-legal supports

Recommendations:

Expand restorative justice

Raise age of responsibility to 14

Increase support for community-based programs

Final judgment: System remains more symbolic than transformative without deeper reform

World Order Legal and Non-Legal measures Intro

Definition: World order involves legal, political, and economic frameworks promoting global stability.

Legal and non-legal measures vary in effectiveness depending on the conflict.

Examples:

Legal: UN in South China Sea, R2P in Libya.

Non-legal: NGOs and media in Timor-Leste.

Overall: Moderate effectiveness in resolving conflict and maintaining world order.

World Order Legal and Non-Legal measures P1

Collective Security & Legal Foundations

Key legal bodies:

United Nations (UN) - founded 1945.

NATO - founded 1949.

Legal measures include:

International laws.

Agreements.

Institutional frameworks.

Effectiveness: Moderate, with mixed outcomes in Libya and Timor-Leste.

World Order Legal and Non-Legal measures P2

R2P & UN Charter - Libya Case

Legal instrument: Responsibility to Protect (R2P) - endorsed by UN General Assembly.

Legal basis: Chapter VII of UN Charter - allows SC to override state sovereignty.

Libya intervention:

Resolution 1970 - sanctions (non-military).

Resolution 1973 - military enforcement (no-fly zone, airstrikes, arms embargo).

Rights protected: Article 3 of UDHR - life, liberty, security.

Effectiveness:

Mixed - protected civilians but raised concerns over political motives and loss of life.

Timor Leste

Timor-Leste - UN Intervention

Background: Indonesian occupation post-Portuguese withdrawal (1975); 1991 massacre triggered global response.

Legal measures:

Resolution 1246 - UN Mission (limited enforceability).

Resolution 1264 - International Force for East Timor (Australian-led).

UNTAET - administered governance until local government formed.

Long-term aid: Australia and UN provided humanitarian support.

Effectiveness: High - responsive, protected rights, restored peace and security.

Lybia

Legal + Non-Legal Synergy - Libya

Legal: UN and NATO interventions.

Non-legal:

NGOs: ACTED, Libyan Red Cross, IRC - rehabilitation, aid.

IGOs: League of Arab States - diplomatic pressure.

Media: Al-Jazeera, others - raised awareness of human rights violations.

Rights upheld: Articles 3 & 25 of UDHR - liberty, security, standard of living.

Effectiveness: Strong collaboration led to responsive humanitarian support and global attention.

World Order Conclusion

Conclusion

Legal and non-legal measures show moderate effectiveness.

Successes:

Libya (partial).

Timor-Leste (strong).

Failures:

Recommendation:

Reform international bodies.

Strengthen enforceability.

Enhance integration of legal and non-legal responses for lasting peace.

Global Cooperation & World Order Intro

Introduction to Global Cooperation & World Order

Global cooperation fosters:

Interdependence among states

Peacekeeping

Human rights protection

Law enforcement

Key actors:

Legal: UNSC, international courts and tribunals

Non-legal: International Committee of the Red Cross (ICRC)

Effectiveness: Inconsistent due to political influence, power disparity, and selective compliance

Global Cooperation & World Order P1

UNSC - Legal Authority & Libya Case

Legal foundation: Chapter VII of UN Charter (1945)

Powers: Authorise peacekeeping, sanctions, humanitarian intervention

Case: Libya (2011) - Resolution 1973 under Responsibility to Protect (R2P)

Russia and China abstained from veto

Intervention prevented civilian massacres

Outcome:

Short-term success

Long-term instability (civil unrest, militia control)

Weak post-conflict rebuilding

Effectiveness: Strong initial cooperation, limited sustained peace

Global Cooperation & World Order P2

UNSC - Syrian Crisis & Political Deadlock

Issue: Russia and China vetoed 17+ resolutions since 2011

Consequence: Paralysis of collective action; 600,000+ civilian deaths

2025 UN Report: Called it a "crisis of cooperation"

Example: Resolution 2719 (2023) - UN-AU peacekeeping (only when political cost is low)

Effectiveness: Partial; constrained by political interests and veto power

Global Cooperation & World Order P3

UNSC Reform Proposals

Proposed by: António Guterres (2025)

Suggestions:

Limit veto in genocide/humanitarian crises

Expand permanent membership (Africa, Latin America)

Challenge: Resistance from current permanent members

Effectiveness: Reform needed but unlikely; UNSC remains paradoxical in legal cooperation

International Courts & Tribunals

International Courts & Tribunals

ICTY (Yugoslavia):

Prosecuted Ratko Mladic for genocide

Supported by NATO and EU

Success: Accountability

Weakness: Delays, limited reparations

ICC (Rome Statute 2002):

Jurisdiction over war crimes, crimes against humanity

Trust Fund for Victims - restorative justice

Limitations:

Lack of universal ratification (US, China, India not members)

Withdrawals: Burundi (2017), Philippines (2019)

Criticism: Selective justice, politicisation

Effectiveness: Judicial cooperation possible but dependent on participation and respect

Non-Legal

Non-Legal Cooperation - ICRC

Legal basis: Geneva Conventions (1949)

Operates in 190 states

Example: Guantanamo Bay access since 2002

150+ inspections

Private reports to US authorities

2022: Public condemnation of indefinite detention

Strengths:

Neutrality

Trust-based diplomacy

Avoids confrontation

Effectiveness: High - balances protection and diplomacy; more consistent than legal bodies

World order compliance Conclusion

Conclusion

Legal bodies (UNSC, courts) provide frameworks but face:

Nationalism

Structural inequality

Non-legal bodies (ICRC) succeed via neutrality and trust

Legal cooperation fosters unity but cannot compel it

Future of world order depends on:

Transforming cooperation into consistent commitment

Prioritising equality, accountability, and justice

Recognition of same-sex relationships Intro

Introduction

Recognition of same-sex marriage in Australia has undergone significant transformation over the past two decades.

Legal reforms have gradually shifted from exclusion and discrimination to inclusion and equality.

Non-legal advocacy and changing societal values have played a crucial role in pressuring governments and shaping public opinion.

Same sex P1

Paragraph 1 - Early Legal Barriers and Gradual Reform

Marriage Amendment Act 2004 (Cth) defined marriage as between a man and a woman, legally excluding same-sex couples.

Family Law Amendment Act 2008 (Cth) allowed same-sex de facto couples to access property and maintenance rights in court.

Health Insurance Act 1973 (Cth) amended in 2008 to allow same-sex couples and children to register as a family for Medicare (prompted by Hope & Brown v NIB Health Fund).

Same sex P2

Paragraph 2 - Advocacy and Non-Legal Pressure

Groups like Australian Marriage Equality and Gay and Lesbian Rights Lobby lobbied government and media to address discrimination.

Alex Greenwich led public campaigns and polls showing majority support for same-sex marriage.

Australian Human Rights Commission published the report Same-Sex: Same Entitlements, recommending removal of federal discrimination and aligning with UN human rights treaties.

Same sex P3

Legal Recognition Achieved

Marriage Amendment (Definition and Religious Freedoms) Act 2017 (Cth) legalised same-sex marriage, granting full marital rights.

Reflected a shift in public values and broader definition of family.

Non-legal responses remained vital in maintaining pressure and advocating for equality, despite lacking enforcement mechanisms.

Conclusion Same sex marriage

The evolution of same-sex marriage recognition in Australia reflects a journey from exclusion to equality.

Legal reforms were driven by persistent non-legal advocacy and changing societal attitudes.

Together, these forces reshaped the legal landscape to reflect modern values of inclusion, dignity, and human rights.

Care and protection of children intro

The care and protection of children in Australia has become a growing legal and social priority, especially in response to rising reports of abuse and neglect.

Legal reforms and non-legal initiatives have aimed to safeguard children's welfare, promote early intervention, and hold perpetrators accountable.

Despite progress, systemic failures and resource limitations continue to hinder the full effectiveness of child protection mechanisms.

Care and protection of children P1

Paragraph 1 - Legal Responses and Legislative Reform

Children and Young Persons (Care and Protection) Act 1998 (NSW): Core legislation addressing child abuse and neglect in NSW.

Family Law Act 1975 (Cth): Presumption of equal shared parental responsibility does not apply in cases of abuse or family violence.

Child Protection (Working with Children) Amendment Act 2016 (NSW): Strengthened powers of the Office of the Children's Guardian.

Child Protection (Working with Children) Act 2012 (NSW): Introduced Working With Children Checks for employees in child-related roles.

Mandatory reporting laws require professionals to notify Family and Community Services of suspected abuse; police and health officials intervene when necessary.

Care and protection of children P2

Paragraph 2 - Non-Legal Responses and Community Support

Organisations like The Salvation Army, Parenting NSW, and Child Abuse Prevention Service offer:

Childcare, counselling, emergency housing, and parenting support.

Kids Helpline provides 24/7 counselling for youth aged 5-25 via phone, email, and web.

Children's Commissioner monitors state programs and proposed a national framework for child protection.

Media outlets (e.g., Yahoo News, ABC, SMH) raise awareness and highlight systemic failures.

Non-legal bodies advocate for law reform and inform public debate but lack enforcement power.

Care and protection of children P3

Paragraph 3 - Ongoing Challenges and Systemic Failures

NSW Ombudsman reports a steady increase in "at risk of harm" cases since 2006.

In 2015, 79 children reported as at risk died due to inadequate protection by community services.

Case study: Donna Deaves convicted of manslaughter of her 2-year-old daughter, Tanilla Warrick-Deaves.

Reports show many children do not receive face-to-face assessments; caseworkers overwhelmed.

Minister Robyn McSweeney cited lack of moral force in NGOs as a contributing factor to system failures.

Care and protection of children conclusion

Australia's child protection system has evolved through legal reforms and community-based support services.

While legislation has strengthened oversight and accountability, non-legal responses remain vital in education and advocacy.

However, persistent underfunding, staff shortages, and systemic delays continue to place vulnerable children at risk.

A more integrated and well-resourced approach is essential to ensure that all children receive timely and effective protection.