International Law Flashcards

1
Q

What is Domestic law?

A

The law of a nation -applies to all

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2
Q

What must a nation have to be classified as a state?

A

Defines territory
Permanent population
Effective government
Capacity to enter int agreements

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3
Q

What is state sovereignty ?

A

Is the concept that states are in complete and exclusive control of the people and property within their territory
(Also, all nations equal as states)

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4
Q

What are the 3 main differences between int and domestic law?

A

Application:
IN- only to those who agree to be bound
DL- universal, all

Enforcement:
IN-no law enforcement agency
DL-enforced by police and courts

Creation:
DL- negotiation between nations
IL -parliament or judges

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5
Q

What are the positive impacts of IL?

A
  • trade and commerce

- reduces conflict between nations

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6
Q

What are the criticisms of IL?

A
  • state sovereignty means nations have the right to refuse to participate
  • enforcement power relies on countries consent to cooperate
  • application - must be ratified, those who have not are not held accountable
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7
Q

Means of “enforcing” IL?

A
Boycotts 
Sanctions
UN H.R Council (shaming)
Diplomacy/negotiations 
-prosecution by ICJ, only crimes faints humanity
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8
Q

What is International Law?

A

Body of law that governs relationships between nation states

  • trade and commerce, peace and security, conflict and human rights
  • regulates behaviour between nations
  • applies to those that agree to be bound by treaties
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9
Q

What are the instruments of IL and the differences between them?

A

TREATIES:

  • Int agreement between states in written form that are negotiates amongst States and need to be ratified to become binding
  • bilateral or multilateral

DECLARATIONS:
-clarify a parties position on a particular issue but do not bind

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10
Q

What are some treaties and declarations Aus has been a part of?

A

Antarctic TREATY:
-used for peaceful purposes and scientific investigation
-Aus Antarctic Territory Act (Cwlth)
Focuses on protection of environment based on Aus int obligations from Antarctic Treaty

UN Declaration of Human Rights

  • ICCPR civil and political rights
  • ICESCR economic,social and cultural rights
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11
Q

How are treaties made?

A

Negotiation -discuss conditions
Consent -signatory phase
Ratification - pass domestic law
Reservation -withdraw/join

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12
Q

What is customary IL?

A

IL made by custom

Eg. Rules in war, law of the sea

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13
Q

What is the UN’s role in IL?

A
  • maintain international peace and security

- establish legal framework for prosecution of Int criminals

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14
Q

What is the ICJ?

A

Main judicial organ of UN- resolve legal disputes between nations
Functions:
1. Decide on disputed brought before it by member nations
2. Offer legal advice on matters of int law when requested by a member nation
(Court for nations only) -weakness.

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15
Q

What are the problems with ICJ?

A

State sovereignty
Enforcement
-The Nuclear Tests case-1970s France was conducting atmospheric nuclear tests which was prohibited under the Nuclear Test Ban Treaty to which France, Aus, NZ were signatories. France refused the authority of the ICJ to eat the case -court ruled against France but could not enforce the ruling

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16
Q

What is the ICC?

A

International criminal court

-deals with cases against individuals who have been accused of the most serious Int crimes

17
Q

What are IGOs?

A

Intergovernmental organisations that rep the govs of member nations. Eg. UN

18
Q

Can NGOs brig a matter before the ICJ?

A

No but can provide political pressure to abide by IL

19
Q

What is an example of UN organisation that Aus is apart of ? (Relevance of it law to contemporary Aus)

A

WHO world health org

UNESCO educational, scientific and cultural org

20
Q

Example of a case exemplifying the relevance of IL in Aus:

A

Tasmania dams case;
Franklin and Gordon Rivers were World Heritage Listed -protected by Int law , overrided State residual powers

SAME SEX REL RECOGNITION
Young v. Aus
Edward young was unable to claim his widower pension due to it being a same sex relationship -appealed to UN , breached Int Covenant on Civil and Political Rights which Aus is signatory, pressure applied to gov and laws were changed = reflecting changing values of society , protection of individual rights, responsiveness, justice

21
Q

What are 5 factors that can determine the impact of IL?

A
Enforceability 
Responsiveness 
Protection of human rights
Application of rule of law
Justice achieved
22
Q

What are legal decisions?

A

ICJ, ICC cases

23
Q

Legal writings?

A

Experts,academics, lawyers,judges