Upload
kate-galloway
View
103
Download
3
Embed Size (px)
Citation preview
2
Aims
Institutional role of international law
Ethics & values that inform international
law
Explain how international law can be
upheld in domestic context
Relate international institutions to
institutions of law
Differentiate Australian framework of law from
international law
8
Contrast
Treaties Internationa
l sale of goods
Peace keeping
Inter-country adoption
Public international law (law of
nations)
Private international
law
9
ContrastDomestic law: expression of sovereignty over citizens
Domestic Law
Citizen Citizen Citizen
International law: agreement between
nations
International law
Nation
Nation
Nation
Nation
11
Hard law, soft law
TreatiesConventions
ProtocolsCovenants
ChartersRecommendations Declarations
Principles
15
WE THE PEOPLES OF THE UNITED NATIONS DETERMINEDto save succeeding generations from the scourge of war, which twice
in our lifetime has brought untold sorrow to mankind, and to reaffirm faith in fundamental human rights, in the dignity and
worth of the human person, in the equal rights of men and women and of nations large and small, and
to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and
to promote social progress and better standards of life in larger freedom,
AND FOR THESE ENDSto practice tolerance and live together in peace with one another as
good neighbours, and to unite our strength to maintain international peace and security,
and to ensure, by the acceptance of principles and the institution of
methods, that armed force shall not be used, save in the common interest, and
to employ international machinery for the promotion of the economic and social advancement of all peoples,
HAVE RESOLVED TO COMBINE OUR EFFORTS TO ACCOMPLISH THESE AIMS
[Preamble – UN Charter]
17
General Assembl
y
Security Council
International Criminal
Court
International Court of Justice
Economic & Social
Council
UN organs, agencies
Secretary General
UN Governance
decides
implement
s
recommend
s
22
What makes international law legitimate?What makes international laws valid?
Consider what you know about law
24
Sovereignty
‘[t]he Organization [the UN] is based on the principle of the sovereign equality of all its Members’
UN Charter – Article 2
26
Interpreting international law – parallels with Australian law?
Good faith
Ordinary meaning
In context
To achieve the
purpose
Supple-mentary means
Supple-mentary means
28
Enter treaty
Parliament passes
legislation
Only then will
international law become
part of domestic law
Australian law requires two steps
30
International law within domestic law: examples
Sex discriminatio
n
Race discriminatio
n
Torres Strait Treaty
World heritage
31
Why do nations comply with international law?
Fear of ostracism
Sanctions Keep favour with other
nations
International friendship
33
UN Charter – Article 33The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice.
The Security Council shall, when it deems necessary, call upon the parties to settle their dispute by such means.
38
Increasing or decreasing impact of international law in
Australia?
Mabo Response to anti-torture breach
Response to climate change
targets