International Law Flashcards
What is Domestic law?
The law of a nation -applies to all
What must a nation have to be classified as a state?
Defines territory
Permanent population
Effective government
Capacity to enter int agreements
What is state sovereignty ?
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)
What are the 3 main differences between int and domestic law?
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
What are the positive impacts of IL?
- trade and commerce
- reduces conflict between nations
What are the criticisms of IL?
- 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
Means of “enforcing” IL?
Boycotts Sanctions UN H.R Council (shaming) Diplomacy/negotiations -prosecution by ICJ, only crimes faints humanity
What is International Law?
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
What are the instruments of IL and the differences between them?
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
What are some treaties and declarations Aus has been a part of?
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
How are treaties made?
Negotiation -discuss conditions
Consent -signatory phase
Ratification - pass domestic law
Reservation -withdraw/join
What is customary IL?
IL made by custom
Eg. Rules in war, law of the sea
What is the UN’s role in IL?
- maintain international peace and security
- establish legal framework for prosecution of Int criminals
What is the ICJ?
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.
What are the problems with ICJ?
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