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Legal Studies > international law > Flashcards

international law Flashcards

1
Q

domestic law

A

system of law which operates within one country

application - universal and applies to all
enforcement - law enforcement agencies exist, such as the police to enforce the law
creation - made by parliament or the rulings of judges

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2
Q

international law

A

system of law which governs relationships between countries

application - applies only to those nations that agree to be bound by the law
enforcement - ICJ but countries are permitted to exempt themselves from cases
creation - made through negotiations between nations

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3
Q

two types of international law

A

private: rules which govern the rights of individuals who cross national boundaries ( citizenship, marriage, travel, business contracts)
public: rules which govern relationships between countries

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4
Q

state

A

another word for nation or country

a state is an independent entity or body that can enter into relations and be recognized internationally

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5
Q

state requirements

A
  • a permanent population
  • a defined territory
  • an effective government ( supreme power imposed on population )
  • capability to enter into international negotiations
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6
Q

state sovereignty

A

sovereignty is the power of a state to do everything necessary to govern itself

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7
Q

limitations of international law

A
  • nations cannot interfere with each other’s sovereignty

- international law is based on agreement and cooperation

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8
Q

three sources of international law

A
  • international customary law
  • instruments ( declarations and treaties
  • legal decisions, writings
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9
Q

treaties

A

an international agreement concluded between States in written form and governed by international law

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10
Q

two types of treaties

A
  • bilateral: formal agreement between two states

- multilateral: a formal agreement between three or more states

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11
Q

conventions and declarations

A

a treaty which is agreed to and proclaimed by a large number of nations

conventions: regulate a particular aspect of international law
declarations: are similar and is usually a resolution of the united nations

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12
Q

customary international law

A

principles and procedures that have been generally used to the point that they are accepted as being fair and right by the international community

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13
Q

Jus Cogens

A

principle of international law that can not be contradicted by any nation

any treaty that goes against customary law that is jus cogens is declared invalid

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14
Q

legal decisions in international law

A

decisions are made by international organisations such as the UN and the ICJ

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15
Q

legal writings

A

writings of international lawyers, judges or despected journalosts or politicians, can be used as advisory notes by ICJ judges

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16
Q

united nations

A
  • 1945 after WW2

- mission: the maitenance of international peace and security

17
Q

key functions of the un

A
  • protect human rights
  • deliver humanitarian aid
  • promote sustainable development
  • uphold international law
18
Q

general assembily

A
  • the main deliberative, policymaking and representatie organ of the un
  • 193 member states
19
Q

security council

A
  • the secuirty council has primary responsibility for the maitanance of inetnational peacce and security
  • it can approve peacekeeping missions, impose sanctions, or authorise the use of force when there is a threat to international peace and security
  • 15 members ( 5 permanent ) ( 10 changed every 2 years )
  • 5 have power of vito ( if one doesnt agree something can not happen )
  • china
  • france
  • russia
  • the uk
  • us
20
Q

economic and social council

A
  • the principal body for coordingation, policy review, policy dialouge and recommendations on economic, social and environmental issues
  • implementation of internationally agreed development goals
21
Q

courts and tribunals

A
  • settle disputes between nations

- the international court of justice ( ICJ )

22
Q

ICJ

A
  • all members of the un are entitled to take matters before the ICJ
  • before engaging, the nations involved must recognize the right of the court to settle the dispute and accept their decision
  • can not enforce its decision in the same way as domestic
  • reduces the effectiveness of the ICJ
23
Q

the jurisdiction of the court recognized in three ways

A
  1. a special agreement, when an agreement is given in relation to a specific dispute
  2. a clause in a treaty, there are more than 300 international treaties that nominate the ICJ to resolve disputes between the signatories
  3. a unilateral declaration, some nations have agreed to accept the jurisdiction of the ICJ in all members
24
Q

war crimes tribunals

A
  • special international courts established on the basis to try individuals accused of war crimes and crimes against humanity
  • important so individuals act within the rules of war
25
Q

ICC

A

international criminal court

  • 2002
  • permanent court and deals with individuals accused of the most serious international crimes ( genocide, against humanity, serious war crimes)
  • ICC will not hear a case currently being investigated by another body unless the investigation is not genuine
26
Q

intergovernmental organizations (IGO)

A
  • organs of UN
  • bodies established to meet and decide upon certain topic and issues within international laws, such as refugees and wealth
  • example of IGO:
    ECOSOC
    EU
27
Q

nongovernmental organizations (NGO)

A
  • these organizations are separate from the Un and government but usually have their support
  • as these organizations are not recognized under international law, cannot bring matters before the ICJ
  • pressure nations to abide by international law
28
Q

relevance to contemporary Australian law

A
  • Australia has an active role in international law

- one of the founding members of the UN

29
Q

treaty process in Australia ( ext affairs )

A

(section 51 xxix the external affairs power) 51, 29 of the constitution.
- allows international signing of treaties

30
Q

treaty steps in Australia

A

STEP 1 - a mandate to enter a treaty
- minister who wants to create or enter a treaty must seek permission from the minister of foreign affairs or cabinet

STEP 2 - ministerial and executive council approval ( once terms and conditions have been finished)
- lead minister seeks agreement from the minister for foreign affairs, the attorney general, and any minister that will be affected by the treaty

STEP 3 - signature
- once the federal executive council has given its approval, a treaty may then be signed

STEP 4 - review by parliament
- both houses of parliament then review the treaty

STEP 5 - ratification

  • the treaty must be ratified at a domestic and international level
    a. domestic ratification
  • if any changes are required to domestic law or procedures and policies are required, legislation will be introduced into the federal parliament to implement the treaty in Australian domestic law
    b. international ratification
  • international act whereby Australia expresses its consent to be bound, an expression that Australia accepts the terms of the treaty including any qualifications or reservation

Legal Studies (6 decks)

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