Terminology Flashcards
Rights of States
Sovereignty is independent power or authority in government as possessed or claimed by a state or community. It is a ‘description of statehood’ and identifies a number of legal characteristics including:
- states having the ability to perform acts internationally and agree to covenants
- states have exclusive competence in their international affairs
- not subject to compulsory international process, jurisdiction or settlement without consent given
- states regarded as equal (may be formal rather than substantive)
Effects of the Human rights (parliamentary) Acts 2011 (Cth)
To ensure future Cth laws consistent with HR obligations:
1. when bill introduced statement of compatibility (SOC) which includes an assessment of whether bill is compatible with HR.
2. SOC should identify whether proposed legislation affects HR by promoting/ limiting them and if rights limited the reasons for any limitations
Legal Criteria
- balancing competing interests
- effectiveness in protecting HR
- just and equitable
- even and impartial
- clear and consistent
Sovereignty
Supreme and independent power to govern as possessed by a state or community.
Role of the UN, its agencies and organizations
Forum where all member states can voice an opinion and vote on global issues. Provides an opportunity to help resolve international conflicts and formulate policies on matters that effect all people.
Key goals:
1. Internatinal peace and security
2. human rights
3. Humanitarian action
4. Economic and sustainable development
Role of reservations
A declaration made by the state which excludes or alters the legal effect of certain provisions of the treaty. Enables states to accept a multilateral treaty as a whole by giving it a possibility not to apply certain provisions with which the country doesn’t want to comply.
Signatory treaty
Signatory: a state that supports a treaty and is willing to continue engagement with the treaty process. This intent codified as a signature submitted to the qualified Interntional body with oversight of the treaty or the authoritative body defined by the treaty. States can sign treaty before domestic processes required for ratification.
Bill of rights
A declaration of individual rights and freedoms usually issues by national gov. Internationally the UN charter “reaffirmed faith in fundamental human rights and dignity and worth of a person” and committed member states to promote “universal respect for and observance of human rights and fundamental freedoms for all”. International Bill of rights: UDHR, ICCPR + optional protocol, ICESCR + OP.
ratification
Formal process where states legislative body confirms a government action in signing a treaty to which that state is bound to acceptance of the terms. The legislature authorities the government to ratify treaties through standard legislative procedures by passing a bill
multilateral treaty
Between 3+ countries e.g. UN charter
States
Synonymous with a ‘country’: a group of people permanently occupying a fixed territory having common laws and government and capable of conducting international affairs
Optional Protocol
Additional legal instrument (AKA supplement) which adds to a treaty. Often provide procedures relating to a treaty.
Equality, political, independence and territorial integrity (A 2(1), A 2(4), 2(7)) of the UN charter
- Article 2(1): based on principle of the sovereign equality of all its members
- Article 2(4): all members shall refrain from the threat or use of force against the territorial integrity or political independence of any state or in any manner inconsistent with the purposes of the UN.
- Article 2(7): Nothing shall authorize the UN to intervene in matters which are within domestic jurisdiction of a state, but shall not prejudice the application of enforcement measures under chapter VII
Treaties
an agreement between states (countries) which is binding at international law. Key features include a preamble (stating names of parties), aims of treaty, articles (terms of agreement).
Bilateral treaty
Between 2 countries (Aviation agreement Aus/ US)
UN High commissioner for refugees
Role is to lead and coordinate international action to protect refugees and to resolve refugee problems worldwide. Its main purpose is to safeguard the rights and wellbeing of refugees.
Process by which treaty obligations translate into international law
- ratification requires Aus to introduce domestic legislation
- Accession act whereby a state accepts offer to become a party to a treaty already negotiated and signed on (has same legal effect as ratification, usually occurs after treaty comes into force)
1. Mandate to enter treaty
2. ministerial and executive council approval
3. signature
4. review by parliament
5. ratification: domestic and international level
UDHR key features
Universal- belong to everyone
Inalienable- can’t be taken away
Indivisible and interdependent- govs shouldn’t pick which are respected
Includes key rights:
- everyone born free and equal in dignity
- freedom from discrimination
- right to life liberty and security
Human rights
equal and inalienable rights and fundamental freedoms based on dignity, equality and mutual respect.
Rights are: Universal, inalienable, indivisible and interdependent
Covenants/ convention
A binding treaty coming into force after ratification by a certain number of states.
Article 26 of the ‘Vienna convention on the law of treaties’ provides that: “every treaty is binding and must be performed in good faith”
