Global Australia

Question 1

Why are positive links important

Answer 1

Trade

• Tourism
• Treaties
• Aid

Question 2

Why is international law hardly mentioned in the constitution

Answer 2

• It was assumed that Great Britain would maintain control of Australia’s foreign relations after federation.
• International law was only seen as a guiding law rather than a law that would bind a nation.

Question 3

What are the two references

Answer 3

• S51 xxix – the commonwealth has specific power with respect to ‘external affairs’, falls under the role of the foreign affairs minister.
• S75 – The HCA has original jurisdiction to hear matters arising under a treaty.

Question 4

Legislative arm and international

Answer 4

• The main issue with treaties is that they are not laws.
• Treaty actions must be tabled for 15 unless for social, economic or political reasons which may require 20 days.
• NIA must be completed for each treaty
• JSCOT was established.

Question 5

Executive arm and international

Answer 5

• To have treaties incorporated into Australia law, the executive arm can pass legislation using its external power, co-op federalism, can use regulation to make them enforceable.

Question 6

Judicial arm and international

Answer 6

• Treaties signed by the federal parliament have no effected until an act of parliament is passed
• Having said this, it is not the role of the high court to define the power of the executive arm or force it to pass it.
• The high court’s role is to determine if L is acting according to the constitution by incorporating the treaty. – does the treaties intent and the resulting legislation agree? Mabo.

Question 7

Treaty

Answer 7

A bilateral agreement between two nations and multi-lateral more than 2 countries Eg Women and Child - protection and rights.
Free trade agreement between Australia and America/ East Timor sea treaty.

Question 8

Convention

Answer 8

– a multilateral agreement between many nations.

Convention on the rights of the child

Question 9

Sovereignty example

Answer 9

• Migration Act 1958 (Stopping people from arriving by boat/detention)
• Migration exclusion zone (2001 Christmas island, Cocos Island cannot seek asylum)
• Boarder protection (2001 – 5 years’ jail for organisers people trader)
• Australians fishing zone (1979, 200 nautical miles).
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Question 10

Treaty making process

Answer 10

• Cabinet decides to enter an international treaty. The minister and department officers negotiate with the other parties of the treaty.
• The government signs a treaty with at least one other nation
• The minister for foreign affairs tables an intention to take treaty action per the 1996 reform in parliament
• JSCOT conducts an inquiry and submits a report to parliament and government
• The government has ratifying legislation drafted and submitted to parliament
• Parliament debates the bill, considering JSCOT’s recommendation and the ministers explanation
• The minister has the act proclaimed and its date published
• The act could be subject to constitutional challenge in the high court

Question 11

UN’s objectives

Answer 11

• Maintain international peace and security
• Develop friendly relations among nations
• Promote human rights and freedoms and humanitarian, economic, social problems.

Question 12

Human rights

Answer 12

• Despite having signed numerous human rights treaties, especially since WW2, Australia has not met its obligation to many of them.
• We have no incorporated the treaty into domestic law. (Page 129 of textbook)

Question 13

International courts of justice

Answer 13

• Settles disputes of international law
• Decisions are binding on members of the UN, although it has little power of nations if they choose to ignore the decision
• Between 1946 and 2003, there have been 78 judgements
  The decisions of the ICJ are not binding on Australian court

Question 14

International criminal court

Answer 14

• Created by the Rome Statute (1998)
• To incorporate the obligations of the Rome statute, Australia passed the international criminal court act (2002)
• This act has enabled Australia courts to hear any international crimes that the ICC has jurisdiction over
• ICC can only hear crimes that occurred after the 1st of July 2002
• ICC addresses genocide, crimes against humanity and war crimes
  ICC decisions are persuasive on Australian court however the governor general can make them binding.