2.7 Sources of Contemporary Australia : International Law

Answer 1

Understanding States and Sovereignty: Differences Between Domestic and International Law

Understanding Domestic Law
* Domestic law is the laws a country makes for its people, allowing it to be an autonomous state.
* A state is an independent entity recognized by other states on an international basis.
* A state must have a defined territory, a permanent population, an effective government, and the capacity to enter into international negotiations.
* Sovereignty means the state has the authority to make rules for its population and the power to enforce these rules.

Answer 2

International Law
* International law governs the relationships between nation states and enables states to participate in trade and commerce.
* It provides mechanisms for the maintenance of peace, security, and the reduction of conflict.
* International law covers fundamental human rights, making it illegal to torture political prisoners or commit genocide.
* Critics argue that international law lacks the power to enforce constraints contained in this law.
* International law relies on countries consenting to cooperate in the enforcement of these laws.

Answer 3

Sources of International Law
* Customary international law is based on long-established traditions or common practices followed by many states.
* Critics point out that it can be difficult to establish that it exists and the time lag involved in its being accepted as law has rendered it secondary to treaties and conventions as a source of international obligations.
* Most of the laws prohibiting crimes against humanity originated as customary international law.

Answer 4

Declarations
* Declarations are international instruments that state and clarify the parties’ position on particular issues, but do not impose legally binding provisions.
* The Universal Declaration of Human Rights (1948) is the first universal statement on the basic principles of human rights.

Answer 5

Treaties
* Treaties are the most commonly used source of international law.
* They are an agreement between legal equals and may cover any sphere of international relations between the parties.

Answer 6

Treaties: Types and Impact

• Bilateral Treaties: Agreements between two nations, like the Lombok Treaty.

Answer 7

• Multilateral Treaties: Agreements between many states, like the Charter of the United Nations.
• Power of Treaties: More states sign a treaty, making it more powerful.
• Use of Treaties: Specific laws, control of conduct, and establishment of international organizations.

Answer 8

• Signing Process: Most treaties are made through direct negotiations between states.
• Ratification: A treaty becomes binding on a state when it ratifies it.
• Countries’ Domestic Law: Some treaties automatically become part of domestic law, while others require domestic legislation.
• In Australia, human rights treaties like the International Covenant on Civil and Political Rights have been ratified through legislation.