Influence of international agreements Flashcards

1
Q

What is international law?

A

Set of rules, norms and standards generally accepted between nations

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2
Q

What does international law establish?

A

Guidelines for countries to follow in global matters and human rights.

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3
Q

What/who does international law apply to?

A

Countries, rather than individuals. Operates largely through consent, since no universally accepted authority to enforce upon states.

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4
Q

What are examples of international law bodies?

A

UN general assembly, UN security council, UN international court of justice

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5
Q

What are the two sources of international law?

A

Treaties and declarations

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6
Q

What is an international treaty?

A

A binding agreement between countries, governed by international law, which can be bilateral or multilateral.

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7
Q

What does bilateral mean?

A

Between two countries.

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8
Q

What does multilateral mean?

A

Between more than two countries.

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9
Q

What are three examples of Australia’s international treaties?

A
  • Laws of the sea
  • Civil Aviation
  • Defence and international security.
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10
Q

Outline the treaty making process.

A
  1. Negotiation
  2. Agree and sign
  3. Implement
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11
Q

Treaty making process:

What occurs during negotiation?

A

Australia’s representatives + representatives from other nations discuss terms of the treaty and develop policy points.

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12
Q

Treaty making process:

What occurs during the agree and sign stage?

A
  • Prime Minister and Cabinet agree to final terms of the treaty and sign it.
  • Parliament introduces a bill to make it law in Australia
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13
Q

Treaty making process:

What occurs during the implement stage?

A

When the treaty is signed, does not automatically become law. Only becomes legally binding once parliament passes legislation.

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14
Q

When does a treaty become legally binding?

A

Once parliament passes legislation.

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15
Q

What is an international declaration?

A

A non-binding agreement between countries that sets out intentions of parties.

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16
Q

Are declarations binding?

A

Declarations are not treaties, therefore are not intended to be binding.

17
Q

What are two examples of international declarations?

A

Universal Declaration of Human Rights (UDHR), Convention of rights of the child, Convention on elimination of all forms of discrimination against women.

18
Q

When was the UDHR established and why?

A

Established at the end of WW2, aims to ensure all individuals are entitled to a set of human rights without discrimination (after holocaust).

19
Q

What are examples within the UDHR?

A
  • right to life
  • Not to be held in slavery
  • treated equally before law
  • seek asylum
  • freedom of opinion and expression
20
Q

What does the international court of justice aim to do?

A

Settle legal disputes between states (countries).

21
Q

What is a downside of international law?

A

Based on consent, states mat choose not to abide, or break treaties

22
Q

How does a state have a hearing in front of the international court of justice (ICJ)?

A

States must consent to being bound by ICJ, have dispute arbitrated.

23
Q

What happens to judgements in ICJ cases?

A

Judgements are binding, but has no means to enforce rulings.

24
Q

How can violations of treaties be enforced?

A

Violations of treaties can be met with coercive action.

25
Q

What is coercive action?

A

Action from other states ranging from diplomatic or economic pressure, to military intervention.

26
Q

How are human rights treaties enforced?

A

Have committees that monitor nations and encourage nations in breach of treaties to implement changes.