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Legal Studies > 1.2 Sources of Contemporary Law - International Law > Flashcards

1.2 Sources of Contemporary Law - International Law Flashcards

1
Q

what is domestic law and what is it’s purpose?

A

laws that govern a particular country, influenced by international law. it aims to regulate the actions of citizens in the society in which it operates & provides guidelines to minimum standards of behaviours

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2
Q

who does domestic law apply to and how it enforced?

A

is universal, meaning it applies to all. it is enforced by law enforcement agencies (e.g. police)

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3
Q

how is domestic law created?

A

made by parliament (statute law) or the ruling of judges (common law)

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4
Q

what is international law and what does it focus on?

A

laws that govern the relationship between nations, and the principles that have been accepted by countries as guiding the way they deal with each other and their citizens. focuses on common goals between nations (e.g. peace, trade) and provides mechanisms for these goals to be attained.

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5
Q

who does international law apply to?

A

applies only to those nations that agree to be bound by the law

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6
Q

how is international law developed?

A

developed through diplomatic relationships & agreements between nations

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7
Q

what does international law allow?

(+ difficulties)

A

trade, security, and human rights to exist. however, relies on countries cooperating and assumes all countries have the same beliefs

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8
Q

how is international law enforced?

A

complex legal tribunals and courts exist (ICC, ICJ), but countries are permitted to exempt themselves from cases

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9
Q

what are the challenges of international law?

A

enforceability, responsiveness, compliance, achieving justice

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10
Q

what is a nation state?

A

used to identify country. an independent entity recognised by other states on an international basis

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11
Q

what is state sovereignty?

A

the right of a nation-state to make laws governing itself and its citizens without outside interference. this can be both positive and negative

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12
Q

what is a treaty?

A

a written agreement between different nations that state their obligations to each other

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13
Q

what are the two forms of treaties?

and how many are Australia a part of?

A

bilateral - between two nations; multilateral - between many nations

900 bilateral, 300 multilateral

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14
Q

describe the three steps makes international law become binding.

A

sign: show support and agreement with the treaty (not legally bound by it yet); ratify: confirming that the country intends to be bound by the treaty; enact: enacting into domestic law (state/federal parliament)

(SIGN, RATIFY, ENACT)

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15
Q

what are two examples of internation treaties Australia have signed, ratified, and enacted?

A

International Covenant on Civil and Political Rights (ICCPR), and The Racial Discrimination Act 1975 (Cth),

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16
Q

what does the The Racial Discrimination Act 1975 (Cth) implement?

A

Convention for the Elimination of Racial Discrimination

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17
Q

what are declarations and conventions?

A

forms of treaties, often more general and relate to procedures that nations are expected to follow, however, they are not legally binding

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18
Q

what are two examples of declarations and conventions?

A

UN Convention on the Rights of the Child (CROC) (1989); Universal Declaration of Human Rights (1948) → first universal statement on basic principles of human rights.

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19
Q

what are international customs?

A

based on long-standing traditions followed by nations, and the common behaviours and the way they treat each other.

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20
Q

what did the Geneva Convention (1894) set?

A

set the basis for human rights after trying to limit the violence in wars and the world

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21
Q

laws of war prohibit torture. what must people be given?

A

food, water, and connection to loved ones

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22
Q

what is the United Nations?

A

largest intergovernmental organisation (IGO) established in 1945 to resolve international disputes between nation-states

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23
Q

what are the criticisms of the United Nations?

A

potential bias, the use of veto power, no enforceability, and disputes still occur although it aims to maintain peace.

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24
Q

role/aim of the UN?

A

aims to maintain international peace, security and safety, encourage cooperation between nations, protect and preserve human rights, deliver humanitarian aims to all those in need, support sustainable development and action against climate change, and uphold international law.

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25
Q

what are resolutions made by the UN?

A

decisions made by and voted on by member nations of the United Nations during meetings of General Assembly or special meetings of the Security Council, who represent a source of international law

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26
Q

explain the enforceability of international law.

A

international law not really enforceable, as the main means of enforcement is agreement of countries to fulfil their obligations

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27
Q

what are the features of the UN General Assembly (UNGA)?

A

made up of 193 representatives from nation-states from all across the world (meetings in New York)

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28
Q

what is the role of the General Assembly (UNGA)?

A

make recommendations to the nation-states on international issues within its jurisdiction, and discusses international issues across the board

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29
Q

what are features of the UN Security Council (UNSC)

A

composed of 15 members, 5 permanent (Russia, China, UK, USA, France) and 10 non-permanent. each permanent member gets a ‘veto’ power when cases are presented to the council

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30
Q

what is the role of the UN Security Council (UNSC)?

A

protect international peace and security by fostering negotiations, imposing sanctions, and authorising using force, including deploying peacekeeping missions.

31
Q

what resolution was made in the UN regarding the Syria conflict?

A

this demanded an end to the fighting in the Syrian province of Idlib, as well as demanding that parties to the conflict comply with international law, by putting an end to aimless aerial bombing, minimising harm to civilians, and not targeting medical and humanitarian personnel, providing aid for those injured or wounded in the conflict.

32
Q

who blocked/veto’d this decision in the UNSC?

A

both Russia and China, making the resolution unable to be enacted.

33
Q

bwhat are the two media citations regarding Russia’s veto of the resolution?

A

“Syria: the disgraceful stain left by the UN Security Council veto” The Interpreter, 2019; “Syria: Western nations seek to bypass Russian veto at UN”, The Guardian, 2018

34
Q

how are the UN seeking to bypass the Russia’s veto power in the UNSC?

A

by referring the issue of chemical weapons use to the entire UNGA, where Russia’s Security Council veto would not apply.

35
Q

what is this bypass from the UNSC to the UNGA referred to as, and what would this do?

regarding the veto power

A

the ‘rarely used route’ of ‘uniting for peace’, which would transfer the responsibility for aspects of the crisis to the UNGA

36
Q

if the conflict/resolution is referred to the UNGA, how many people would have to agree upon the decision?

A

two-thirds majority for an agreed-upon attribution mechanism.

37
Q

what is the ICJ and what it it’s role?

A

The International Court of Justice → main judicial organisation of the United Nations based in the ‘Peace Palace’

38
Q

what is the jurisdiction of the ICJ?

A

to hear disputes between nations involving various areas of law

39
Q

what are the key features of the ICJ?

A

decide upon disputes brought before member nations (called contentious cases) and offer legal advice on matters of international law

40
Q

what are the seat members of the ICJ (regions + how many = 15 total)

A

3 African, 2 Latin American, 3 Asian, 5 Western Europe/other western states, 2 from Eastern Europe

41
Q

how enforceble are the judgements of the ICJ?

A

all judgements of the court are final and binding, and states cannot appeal to the final decision and states must comply/abide with the judgements of the court.

42
Q

what impact does state sovereignty have of the enforceability of the ICJ’s rulings?

A

due to state sovereignty, states have the option on whether or not to sent a state representative to the court. if they do not, the case cannot be heard.

43
Q

what are the two case citations regarding the enforceablity of the ICJ?

A

Australia & New Zealand vs France (1974); Australia v Japan (2014)

44
Q

why was Australia & New Zealand vs France (1974) heard in the ICJ?

(and how does this relate to the enforceability of the ICJ)

A

France proposed to carry out tests of nuclear weapons in the atmosphere in the South Pacific region. however, originally, France did not send a representative to the court, meaning it could not be heard

45
Q

why was Australia v Japan (2014) heard in the ICJ?

(and how does this relate to the enforceability of the ICJ)

A

following an order by the ICJ on Japan to immediately stop whaling in the Antarctic as their program (JARPA II), used to justify killing whales in the Antarctic, was not carried out for scientific purposes. despite this ruling, Japan left the International Whaling Commission (IWC) and began killing whales in the Antarctic again

46
Q

what does the International Criminal Court (ICC) do?

A

investigates and, if possible, tries individuals charged with the most serious crimes on an international scale; genocide, war crimes, crimes against humanity, and crimes of aggression

47
Q

what treaty established the ICC?

A

Rome Statute of the International Criminal Court 1998, which was entered into force in 2002

48
Q

what are the key features of the ICC?

A

trials are fair; prosecution is independent; defendants rights upheld; victims voiced heard; participating victims and witnesses protected

49
Q

what are the positives of the ICC?

A

brings criminals to justice when their countries have been unable to; higher jurisdiction than other international courts; provides countries with a way to resolve issues without conflict

50
Q

what are the negatives of the ICC?

A

lacks resource efficiency → only convicted 4 people, however, cost £800 million; UNSC can block cases that go through UNSC to ICC; jurisdiction issues due to State Sovereignty

51
Q

what media citation relates to the ICC?

A

“Justice, Syria and the International Criminal Court” AIIA, 2019

52
Q

what is descibed in “Justice, Syria and the International Criminal Court” AIIA, 2019?

A

President Bashar al-Assad is unlikely to face charges for war crimes in Syria due to the ICC having limited jurisdiction in Syria as it is not partied to the Rome Statute 1998

53
Q

what case study relates to the ICC?

A

The Prosecutor v Dominic Ongwen (2021)

54
Q

what occured during The Prosecutor v Dominic Ongwen (2021) case?

A

Ongwen pleaded not-guilty due to being a forced child soldier, he was a victim of its atrocities, not a perpetrator. given 25 years imprisonment after being charged with 61 crimes, including murder, rape, and crimes against humanity

55
Q

what were the mittigating circumstances of the Dominic Ongwen (2021) case?

A

previously endured suffering himself & abduction by the Lords Resistance Army (LCA) → diminished mental capacity and duress, however, the chamber saw this as not applicable

56
Q

what were the aggrivating circumstances of the Dominic Ongwen (2021) case?

A

particular cruelty, the multiplicity of victims, discrimination against women, and the victims being particularly defenceless

57
Q

what are ad hoc tribunals?

A

temporary source of international law that here proposed braces to international law, localised to affected areas to allow witnesses/victims to easily testify

58
Q

what is an example of an ad hoc tribunal?

A

International Criminal Tribunal for Rwanda (estab. 1994) (ICTR)

59
Q

what are the aims of the International Criminal Tribunal for Rwanda (ICTR)?

A

aims to prosecute persons responsible for genocide and other serious violations of international humanitarian law committed in Rwanda and neighbouring states in 1994.

60
Q

what are three of the key (positive) facts of the ICTR?

A

highly resource efficient due to stats of indicted vs sentence (93 individuals indicted; 62 sentenced); delivered verdicts against persons responsible for committing genocide, and the recognition of rape as a means of perpetrating genocide (justice for victims in conflict); and, as of 2024, all fugitives indicted for crimes committed during the genocide against the Tutsi in Rwanda have been accounted for.

61
Q

what is a NGO?

A

a non-government organisation, separate from government and not for profit, considered a non-legal response to international law.

62
Q

what is the role of NGO’s?

A

brings citizens concerns to government, advocates & monitors policies, and encourages political participation through the provision of information and complaining

63
Q

what are the aims of NGO’s?

A

to raise awareness, generate discussion of key issues, lobby & place pressure on govt./parliament to comply with international laws, and inform & educate the public on issues/breaches of law

64
Q

what are two examples of NGO’s?

A

Amnesty International (1961), and Sea Shepherd

65
Q

what is Amnesty International?

A

worldwide organisation based on voluntary membership that consists of national branches (sanctions & structures), international networks, afflicted groups, and international members.

66
Q

what is the Amnesty International mission statement?

A

to protect and defend more lives; be an unstoppable movement; and inspire passion and commitment.

67
Q

what are the aims of Sea Shepherd?

A

end whaling in Antarctica & protect the whales

68
Q

what is the role of the media in influencing/transmitting international law?

A

cannot create law, however can influence change in law through societal pressure

69
Q

what is the relevance of international law to Australian domestic law?

A

provides guidelines & standards for Aus to follow. under Section 51 (XXIV) of Constitution, ‘external affairs’ power, Australian government can incorporate international law into our domestic law.

70
Q

how are human rights recognised and protected?

A

ratification and enactment of international law, domestic legislation, and the courts by upholding key legal doctrines - e.g. the rule of law and procedural fairness

71
Q

Australia is partied to 7 main international human rights treaties. name at least 3.

A

Convention on the Rights of the Child (CROC); International Convention on the Elimination of all Forms of Racial Discrimination (CERD); Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW)

72
Q

what legislation is CROC aspected of enacted into?

A

Family Law Act 1975 [Cth], Childrens (Care and Protection) Act 1998 [NSW])

73
Q

what legislation is the Convention on the Elimination of all Forms of Racial Discrimination (CERD) aspected of enacted into?

A

Racial Discrimination Act 1975 (Cth)

74
Q

what legislation is the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) aspected of enacted into?

A

The Sex Discrimination Act 1984 (Cth) (SDA)

Legal Studies (16 decks)

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