Influence of international agreements Flashcards
What is international law?
Set of rules, norms and standards generally accepted between nations
What does international law establish?
Guidelines for countries to follow in global matters and human rights.
What/who does international law apply to?
Countries, rather than individuals. Operates largely through consent, since no universally accepted authority to enforce upon states.
What are examples of international law bodies?
UN general assembly, UN security council, UN international court of justice
What are the two sources of international law?
Treaties and declarations
What is an international treaty?
A binding agreement between countries, governed by international law, which can be bilateral or multilateral.
What does bilateral mean?
Between two countries.
What does multilateral mean?
Between more than two countries.
What are three examples of Australia’s international treaties?
- Laws of the sea
- Civil Aviation
- Defence and international security.
Outline the treaty making process.
- Negotiation
- Agree and sign
- Implement
Treaty making process:
What occurs during negotiation?
Australia’s representatives + representatives from other nations discuss terms of the treaty and develop policy points.
Treaty making process:
What occurs during the agree and sign stage?
- Prime Minister and Cabinet agree to final terms of the treaty and sign it.
- Parliament introduces a bill to make it law in Australia
Treaty making process:
What occurs during the implement stage?
When the treaty is signed, does not automatically become law. Only becomes legally binding once parliament passes legislation.
When does a treaty become legally binding?
Once parliament passes legislation.
What is an international declaration?
A non-binding agreement between countries that sets out intentions of parties.
Are declarations binding?
Declarations are not treaties, therefore are not intended to be binding.
What are two examples of international declarations?
Universal Declaration of Human Rights (UDHR), Convention of rights of the child, Convention on elimination of all forms of discrimination against women.
When was the UDHR established and why?
Established at the end of WW2, aims to ensure all individuals are entitled to a set of human rights without discrimination (after holocaust).
What are examples within the UDHR?
- right to life
- Not to be held in slavery
- treated equally before law
- seek asylum
- freedom of opinion and expression
What does the international court of justice aim to do?
Settle legal disputes between states (countries).
What is a downside of international law?
Based on consent, states mat choose not to abide, or break treaties
How does a state have a hearing in front of the international court of justice (ICJ)?
States must consent to being bound by ICJ, have dispute arbitrated.
What happens to judgements in ICJ cases?
Judgements are binding, but has no means to enforce rulings.
How can violations of treaties be enforced?
Violations of treaties can be met with coercive action.
What is coercive action?
Action from other states ranging from diplomatic or economic pressure, to military intervention.
How are human rights treaties enforced?
Have committees that monitor nations and encourage nations in breach of treaties to implement changes.
