International Treaty Obligations and Australain Law Flashcards
What is outlined by Article 2(4) of the UN charter?
Threat of force should not be used in international relations.
What is outlined by Article 51 of the UN charter?
Force can be used in self-defence
How are treaties recognised?
As an international agreement concluded between States in written form and governed by international law.
What is section 61 of the constitution?
States that the executive power of the Commonwealth is vested in the Queen and is exercisable by the Governor-General and extends to the execution and maintenance of this Constitution and laws of the Commonwealth. Meaning executive powers can enter into treaties without the need for parliamentary or legislative sanction.
What is the process for implementing an international treaty?
- Mandate to enter into a treaty
- controlled by Minister of Foreign Affairs or Cabinet - Ministerial and Executive Council Approval
- MFA, or Attorney-General - Federal Executive Council review/approval
- no legal obligation yet - Review by Parliament
- both houses, 15 days before action, JSCOT review - Ratification
- domestic (federal parliament), international
What are 2 examples of Non-Government Organisations (NGOs)?
United Nations (International) Child’s (Emergency) Fund (UNICEF) - funding from governments to provide children with emergency food, shelter, healthcare.
Amnesty International - protection of human rights around the world
What is the role of the UN High Commissioner for Human Rights?
Coordinates human rights activities and supervises Human Rights Council. Protects/promotes HR guaranteed under international law and UN declaration of HR. Promotes HR not yet recognised by international Law
What is the role of the High Commissioner for refugees?
Coordinating international efforts to protect refugees and resolve refugee problems worldwide. Works to ensure the right to seek asylum and safe refuge in another state.
