Year 10 Civics: International Agreements and Australian Law

An international agreement is a formal arrangement between two or more nation states or actors in the international sphere.
Common terminology includes 'treaties', 'conventions', 'declarations', 'covenants', or 'protocols'.
Agreements are entered into voluntarily; nation states can withdraw unilaterally at any time.
They serve as a primary source of 'international law', establishing accepted limits for interactions between states.

State Entities: In this context, a state refers to an independent country or 'nation state' with the following attributes: - A functional government. - Defined territory and population. - Sovereignty: The supreme right and ability to govern and create/enforce laws within its territory.
Global Recognition: There are $203$ states recognized by at least one UN member.
United Nations (UN) Membership: - $193$ member states. - $2$ observer states: Vatican and Palestine. - The EU possesses observer status but is a confederation of states, not a state itself.

Binding vs. Non-Binding: - Binding: Signatories are legally and morally obligated to follow the agreement. - Non-Binding: Often termed 'declarations', such as the Universal Declaration of Human Rights; signatories are not strictly compelled to follow them.
Bilateral vs. Multilateral: - Bilateral: Involves $2$ signatories. - Multilateral: Involves more than $2$ countries.

International agreements are not legally enforceable in Australia unless they have been ratified into domestic law by the Parliament.
International law provides moral pressure or guidance for interpreting unclear domestic laws, but domestic laws always take priority.
The Three Steps for Enforcement: 1. Signed: The Executive branch (usually the Foreign Minister) formally agrees for Australia to be bound. 2. Ratified: Parliament passes a domestic statute (law) that gives effect to the treaty. 3. Enforced: Once domestic law exists, it is enforced by Australian courts.

The international system often operates under the "Law of the Jungle," where powerful states may act as they please while weaker states face more pressure to comply.
Potential enforcement mechanisms include: - Sanctions. - Referral to international courts like the International Criminal Court (ICC). - Internal legal processes within a specific country.
Quote by Thucydides: "The strong do what they can and the weak suffer what they must."

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD): - Signed in $1975$ . - Ratified via the Commonwealth Racial Discrimination Act (1975).
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW): - Ratified via the Sex Discrimination Act 1984 (Cth).
Convention on the Rights of the Child: - Principles reflected in the Children and Community Services Act 2004 (WA).
Convention for the Protection of the World Cultural and Natural Heritage: - Ratified via the World Heritage Properties Conservation Act 1983 (Cth).
United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP): - A non-binding, aspirational declaration. - Influences policies like the 'Closing the Gap' strategy and DFAT 'Guidance Note - Enhanced First Nations Australians Perspectives'.