international law Flashcards
Differences between international and domestic law
domestic law- refers to laws made by a country which applies to everyone in the country.
Enforceable by courts
international law- refers to law made by UN/intergovernmental organisations
Relates to the way in which countries deal with each other
International law is very difficult to enforce and mainly operates via consensus (agreement) and cooperation.
State sovereignty
the act that a nation-state has the right to determine its own domestic law - free from external interference. State sovereignty can be used both positively and negatively by nation states.
sources of international law
international customary law
instruments
legal decisions and writings
international customary law
General practice accepted as a law found in military operations, case law, and national legislation. ex. ‘Terra nullius’.
refers to international obligations arising from established international practices, as opposed to obligations arising from formal written conventions and treaties.
Called ‘opinio juris’
declaration
Non binding document which nation states may sign.
Acts as a guideline for nation states to follow their own domestic law
eg. UDHR which recognises all human rights
treaty
Binding International instruments that signatory nation states are obliged to follow (in so far as state sovereignty is used positively)
Treaties may be bilateral
eg. ICCPR - discrimination acts, ICESCR - fair work and education act.
covenant
Similar to treaties as they have nation states as signatories (multilateral)
Agreement to do or not to do a specific thing.
OHCHR - United Nations human rights.
convention
Similar to treaties but are drafted as a result of international conference to discuss/debate the need for an instrument
eg. Convention on the Rights of the Child
legal writings
papers or documents written by international law academics.
legal decisions
Similar to precedents. Decisions of the ICJ- International Court of Justice
role of United Nations
The United Nations is one part of the UN system. They aim to:
- Maintain International Peace and Security
- Protect Human Rights
- Deliver Humanitarian Aid
- Support Sustainable Development and Climate Action
- Uphold International Law
Organs of the UN
general assembly
security council
the secretariat
international court of justice
general assembly
main policy-making organ of the UN
Provides a unique form of multilateral discussion of the full spectrum of international issues.
Debate and concern of international issues.
Where international instruments are drafted
the security council
Its main aim is the maintenance of world peace and security.
5 permanent members who have VETO power. E.g. UK, US and Russia
the secretariat
Administrative arm of the UN
Carries out substantive and administrative work of the UN
international court of justice
The principal judicial organ of the UN
Only hears cases between nation states (nations states cannot be forced)
intergovernmental organisations
uphold and promote its values and interests
contribute to peace and security and the sustainable development of the Earth
contribute to solidarity and mutual respect among peoples, free and fair trade, eradication of poverty and the protection of human rights
strict observance of international law
eg. UN, European Union
non governmental organisations
These are not aligned with any nation state. They investigate matters of concern in the world and write reports, many of which are sent to the UN.
eg. Amnesty International- Amnesty International is an international non-governmental organisation focused on human rights, with its headquarters in the United Kingdom
eg. Doctors without Borders- Médecins Sans Frontières, also known as Doctors Without Borders, is a charity that provides humanitarian medical care. It is a non-governmental organisation of French origin known for its projects in conflict zones and in countries affected by endemic diseases
international law -> Australian law
- sign
- ratify- Federal Government formally agrees to International Law
- Enact legislation at the federal and/or state level.
