International Law (EXAM)

Question 1

What does the Latin phrase Jus Cogens mean?

Answer 1

“Compelling Law”, or rules which are regarded as international rules and should be followed by all nations

Question 2

What lead primarily to the creation of the UN?

Answer 2

World War Two and the failure of the league of nations

Question 3

What are the main legal international Public Law Instruments that dictate the sphere?

Answer 3

UNHDR
ICCPR
ICESCR
UNIDROIT
TRIPS
UNCLOS

Question 4

What are the two main theories about International Public Law on a domestic front?

Answer 4

Monism and Dualism

Question 5

Describe Monism

Answer 5

Monism is the theory and practice that international treaties are made domestic law the instant that the treaty is affected.

Question 6

Describe Dualism

Answer 6

International laws are only incorportated into national law when legislation passes it.

Further, domestic laws can encroach the international law.

Question 7

What system is Australia?

Answer 7

Mainly dualist

Question 8

What case and judgment supports Australia as a dualist system?

Answer 8

Yager v The Queen (1977) 139 CLR 28

Question 9

What is refoulement?

Answer 9

The explusion of people who have the right to be recognised as refugees under UNESCO Rules. Art 33 (1)