Elementos antrópicos: canal de agua, muro de rocas elevado, terraza y acumulación de rocas

REVIEW

1 Outline some of the ways in which Australia has been affected by international law.

2 Explain how international law affected the outcome of the Tasmanian Dam case.

LAW IN ACTION

1 Research one of the UN organisations to which Australia belongs. Make a short presentation to the class on the role of the organisation and how it affects Australia.

2 Working in small groups, conduct research into recent UN peacekeeping operations in which Australia has been involved. Each group should research a different operation, outlining the location, time frame, involvement and operation of the mission, and also describe the reasons why the mission was required.

3 Refer to the box above on recognition of same-sex relationships and explain how international law was used in this case.

CHAPTER SUMMARY

International law is the body of law that governs relationships between nations. International law is very different from domestic law (the law that applies within a country). A key difference is the way that laws are made. International laws are made by negotiation between individual countries.

Another difference relates to enforcement – in international law, special courts or tribunals enforce the law, but countries can exempt themselves from participation in cases.

While domestic laws are universal – meaning that the laws apply to all – in international law the laws only apply to those nations that agree to be bound.

The notion of state sovereignty is at the centre of all international law. It emerged at the same time as that of the ‘nation state’ – that all nations are fundamentally equal and that each nation’s rulers have the right to make decisions on behalf of the nation.

State sovereignty presents a major problem for international law as it allows nations the right to refuse to participate in it. Thus the scope and effectiveness of international law is greatly reduced.

Treaties are the most common method by which international law is made. A treaty is a voluntary agreement made between nations. Once a nation signs the agreement it is said to be a party to the agreement and therefore agrees to be bound by the conditions and rules of the treaty. Before the treaty takes effect for the signatory nation, however, it must first be ratified. This means that the national parliament

passes a domestic law agreeing to be bound by the terms and conditions of the treaty.

While treaties are voluntary, many countries participate in them because they wish to demonstrate their commitment to a principle, such as being against discrimination, or because they will gain some benefit from the treaty, such as favourable trade relations.

Some international laws are created by international customs: long-standing traditions that the majority of nations have followed. The decisions of international courts do not create precedent but they sometimes prompt the formation of international law.

The United Nations (UN), which has 192 member nations, is the principal international organisation. Only countries can join the UN, which has numerous bodies that have their own treaties and regulations. The key aim of the UN is the promotion of peace between nations in order to protect the rights of individuals. The UN Security Council is a significant UN body that aims to create peace. It has the power to create peacekeeping missions and is also entitled to request military action in order to enforce peace.

The principle international court is the International Court of Justice (ICJ).

Only nations are entitled to refer a matter to the ICJ. Most countries that participate in a treaty nominate the ICJ as the means for resolving disputes between parties to the treaty. However, the concept of state sovereignty means that countries may refuse to recognise the right of the ICJ to decide on a legal matter.

85

Chapter 6: International law

MULTIPLE-CHOICE QUESTIONS

1 Which of the following statements best describes international law?

A It is universal and applies to all nations.

B It is enforced by special peace-keeping forces of the United Nations.

C It is voluntary and is created through negotiations between countries.

D International laws only take effect once at least 50 per cent of the world’s countries vote to accept the law.

2 What is state sovereignty?

A The right of countries to make their own decisions B The right of individuals to have a say in who will rule them C The rights granted to each state under the Australian Constitution

D The right of the United Nations to force countries to comply with international laws 3 What is a treaty?

A A non-binding agreement made between nations

B A document outlining the rules of behaviour that governments must follow C A document signed by nations agreeing to be bound by certain rules of behaviour D An agreement made between governments and non-governmental organisations

4 Australia negotiates a treaty with Indonesia on a certain aspect of trade. What type of treaty is this?

A A bilateral treaty B A sovereign treaty C A declarative treaty D An intergovernmental treaty

5 A nation ratifi es a treaty. What does this involve?

A The leader of the country signing the agreement

B The people voting in a referendum to accept the agreement

C The nation indicating to the United Nations that it no longer wishes to be bound by the treaty

D The national parliament of a signatory nation passing a domestic law accepting the conditions of the treaty

6 What is an international custom?

A An international rule established through a long-standing tradition B Rules governing the movement and trade of goods between countries

C An international rule made through a vote of the General Assembly of the United Nations D Rules made through the legal decisions of international courts, such as the International

Court of Justice

7 Which of the following statements best describes the meaning of ‘positive law’?

A Laws that aim to achieve fair outcomes

B Laws made by parliaments, monarchs and courts

C International laws that are created to reward the good behaviour of countries D Laws that are created to maintain good order between countries during times of war

8 When does the International Court of Justice (ICJ) have jurisdiction to hear a legal matter?

A When the crime of genocide has been committed

B When the United Nations Security Council refers a matter to it

C When at least one country in the dispute asks the Court to decide on the matter D When a treaty nominates the Court as the decision maker in a dispute about the treaty 9 An army general is accused of murdering hundreds of unarmed enemy civilians and injured

soldiers. The general is charged with crimes against humanity. In which court are they most likely to be tried?

A International Criminal Court B International Court of Justice C The UN Security Council Tribunal D The Tribunal of the Geneva Convention

10 What method is most commonly used by non-governmental organisations to infl uence international law?

A Becoming signatories to international agreements B To refer matters to international courts and tribunals

C Applying pressure to individual governments through media and protest campaigns D Creating their own treaties and agreements and encouraging countries to sign and be

bound by the agreement

SHORT-ANSWER QUESTIONS

1 Outline the way that international law is generally made.

2 Outline the jurisdiction of the International Court of Justice.

3 Defi ne the term ‘treaty’.

4 Describe the nature of intergovernmental organisations.

5 Describe the role of non-governmental organisations in the operation of international law.

6 Compare the features of international and domestic law.

7 Explain the purpose of the International Court of Justice.

8 Analyse the role of the United Nations in the operation of international law.

9 Analyse the relevance of international law to Australia.

10 Assess the impact of state sovereignty on the effective operation of international law.

87

Chapter 7: Classification of law

SUMMARY OF CASE LAW

Bartho v. R (1978) 19 ALR 418

Commercial Bank of Australia v. Amadio (1983) 151 CLR 447

Donoghue v. Stevenson [1932] AC 562 (House of Lords)

Eveready Australia Pty Ltd v. Gillette Australia Pty Ltd [1999] FCA 1824 Gan v. Anderson & anor [2008]

NSWLEC 1257 (24 June 2008) New South Wales v. Commonwealth [2006] HCA 52; 81 ALJR 34; 231 ALR 1 R v. Blaue (1975) 3 All ER 446

R v. Peterson [1984] WAR 329

SUMMARY OF LEGISLATION

Education Act 1990 (NSW) Fair Trading Act 1987 (NSW) Trade Practices Act 1974 (Cwlth)