International Law Flashcards
What are Treaties?
A bilateral agreement between to nations
What are Conventions?
A multi-lateral agreement between multiple nations
What is International Law?
Regulates the relationship between nations and international organisations
Why is there little mention of international law in the constitution?
Great Britain was to maintain control of Australia’s foreign relations
International law was only seen as a guiding law rather than law that would bind a nation
What are two references to International Law in the constitution?
S51XXIX - The CW has specific power with respect to external affairs.
S75 - The HCA has original jurisdiction to hear matters arising from a treaty.
What is the treaty making process?
Executive Government
Cabinet decides to enter into an agreement
Signs a treaty
Minister tables treaty
JSCOT reviews treaty and drafts new proposed legislation with the OPC
Parliamentary Enactment
Proclaimed and gazetted
Judicial review
What is the United Nations?
An international organisation established to address issues of global concern with 193 member states.
What are the UN’s primary objectives?
Maintain international peace and security
Develop friendly relations among nations
To co-operate internationally to solve economic, social, cultural and humanitarian problems
What are the four main bodies of the UN?
Economic and social council
General assembly
Security council
International court of justice
What is sovereignty?
National soverignty means that the law of a nation (especially in Australia our constitution) takes precedent over any other outside influence or law.
What are the two international courts?
International Court of Justice
Created by the UN to resolve matters of conflict between member-nations or complaints made by global citizens against the actions of a nation.
The International Criminal Court
Created independently of the UN and sits in the criminal jurisdiction to hear matters related to genocide and crimes against humanity.
What are some examples of the exercise of sovereignty?
Migration Act 1958 Migration exclusion zone Boarder protection (2001)
What is the Judiciary’s role in treaties?
The Judiciary is tasked with adjudicating disputes arising from treaties in it’s original jurisdiction as an effective form of judicial review.
