Intergovernmental organisations (IGOs) are organised groups of nation-states, established to pursue mutual interests in a wide variety of
areas. Many IGOs are subsidiary agencies of the UN; others have been formed to make collective decisions about international issues such as refugees, tariffs or wealth. The International Labour Organization is a UN agency whose aim is to ensure the safe and fair treatment of workers.
Regional organisations also play an impor-tant role in international decision-making. For example, the European Union is an economic and political partnership of European nations that have agreed to cooperate for the common good.
It has regulatory powers covering areas such as human rights, the environment, economic policies and trade.
Non-government organisations
Non-government organisations (NGOs) are associations based on common interests and aims, which have no connection with any government.
They make contributions in a wide range of areas, from world peace, disaster relief, and environmental protection to promoting education and alleviating poverty. They do this by informing the public and lobbying governments to take action on issues of concern. Examples of international NGOs include the Red Cross, Greenpeace and World Vision.
A well-known human rights NGO is Amnesty International. It has an estimated 2.2 million mem-bers and subscrimem-bers throughout the world. It is independent of any national government: that is, it does not rely on funding from any national govern-ments. According to its official site (www.amnesty.
org), Amnesty International takes action to:
stop violence against women s
defend the rights and dignity of those trapped s
in poverty
abolish the death penalty s
oppose torture and combat terror with justice s
free prisoners of conscience s
protect the rights of refugees and migrants s
regulate the global arms trade.
s jurisdiction
the power of a court to rule on a question
Go to www.libsci.sc.edu/bob/
IGOs.htm. This site lists all IGOs in the world alphabetically, with website addresses.
legal links
Figure 2.25 The symbol of the Red Cross
#HAPTER 5 5
The legal system
R E V I E W 2 . 6
1 Explain two different ways that the term
‘state’ can be used.
2 Identify what is meant by the term
‘international law’. Outline the different ways in which international law is made.
3 Why was the United Nations established?
4 Discuss the limitations of international law.
5 Describe the functions of the UN General Assembly.
6 Explain the importance of the UN Security Council.
7 Outline the role of the International Court of Justice. Discuss its limitations.
8 Identify some organisations that influence international law.
R E S E A R C H 2 . 5
1 Go to the United Nations website: www.un.org.
Choose one of the issues that the United Nations covers (for example human rights).
2 Write a report about some of the recent initiatives taken by the UN in this area.
3 Outline any problems that you see the UN facing as it undertakes these initiatives.
R E S E A R C H 2 . 6
Investigate adversarial and inquisitorial legal systems. Write a report that looks at the origins and workings of adversarial and inquisitorial legal systems.
Include a comparison of the systems, looking at the advantages and disadvantages of each system. You might like to look at Indonesia and recent trials that have taken place with respect to terrorist activity and drug smuggling. Come to a conclusion about which system you think is better for Australia.
Re l eva n ce o f i nt e r n a t i o n a l l a w to Au s t ra l ia n l aw
As discussed earlier, in some countries ratification of a treaty automatically makes it part of that country’s domestic law. This is not the case in Australia.
For some treaties, new legislation may be re-quired to implement it in Australian law. For others, existing federal or state/territory legislation is sufficient (in other words, the terms of the con ven-tion are already being satisfied by domestic law).
To pass new legislation implementing a treaty, the federal government may rely on the external affairs power in s 51(xxix) of the Constitution. It may also rely on other powers, for example the trade and commerce power in s 51(i) if the subject matter involves shipping.
International law does not dictate the way in which Australia implements the obligations it has under treaties. The preferred method of giving effect to most treaty obligations is by incorporating the actual text of the treaty provisions into domestic legislation. For example, the Space Activities Act 1998 (Cth) contains provisions from several UN
treaties regulating the exploration and use of outer space.
Treaties also influence Australian law in the development of the common law, in judicial review of decisions, and in the judicial interpretation of statutes.
Examples of human rights treaties that have some of their provisions reflected in state or territory and/or federal legislation include:
International Covenant on Civil and Political s
Rights (ICCPR) – see for example Human Rights Act 2004 (ACT); Charter of Human Rights and Responsibilities Act 2006 (Vic)
Convention on the Rights of the Child
s (CROC) –
see for example Family Law Act 1975 (Cth), in particular s 67ZC
Convention on the Elimination of All Forms of s
Discrimination Against Women (CEDAW) – Sex Discrimination Act 1984 (Cth)
Convention Against Torture and Other Cruel, s
Inhuman or Degrading Treatment or Punishment (CAT) – Crimes (Torture) Act 1988 (Cth).
5 6 C a m b r i d g e L e g a l S t u d i e s – P re l i m i n a r y
The Australian Constitution took shape during s
the process of federation.
The constitutional division of powers outlines s
the responsibilities of the Commonwealth and the states by reference to concurrent, exclusive and residual powers.
The High Court has the ultimate responsibility s
for interpreting the Constitution.
The High Court is the final court of appeal s
IN ALSO notably constitutional law.
The Constitution indicates how the separation s
of powers operates in Australia. It is IMPORTANT truly independent in Australia.
The separation of powers ensures that s
individual rights and the democratic system are protected.
The law in Australia, prior to European s
settlement, was customary law based on Aboriginal and Torres Strait Islander traditions, rituals and acceptable conduct.
Customary law still has relevance in s
Australia today and elements of it have been incorporated into dispute resolution procedures.
Contemporary Australian law is based on s
English common law and adapted over time to suit modern Australian society.
The Australian Constitution sets out s
the fundamental rules of Australian law.
Parliament has the power to make changes to these laws as long as the correct processes are followed. The government in power at the time will influence changes to the law.
The doctrine of precedent is an element of s
COMMON rulings made in previous court cases, unless they are inconsistent with a higher court’s decision or wrong in law.
Australia is recognised internationally as a s
sovereign state with the authority to make its own laws.
Australia also takes part in international s
lawmaking through its membership of the United Nations and by being a signatory of international treaties.
4 2EFERRING
statements is true?
a Victoria would be able to produce its own notes and coins.
b Queensland is able to pass laws to allow migrants into the state to work in agriculture.
c New South Wales is able to legislate to legalise same-sex marriages.
d South Australia can build a rail line along its southern coastline.
5 How would the High Court decide a case where a state and the Commonwealth exercising a concurrent power come into conflict?
Commonwealth because it must act in accordance with the Prime Minister’s wishes
Chapter summary Multiple-choice questions
1 Which section of the Constitution outlines the legislative powers of the Commonwealth Government?
a S b S c S
d S
2 On what grounds would it be unconstitutional FOR elected to the House of Representatives?
a it offends the division of powers b it offends the separation of powers c it would be ultra vires
d it is not allowed under the referendum PROVISIONS
3 Australia does not follow the doctrine of the separation of powers in its pure form because:
a Australia does not have a president b members of the executive and the legislature are completely separate c some members of the executive are also
members of the legislature d Australia is still a monarchy
#HAPTER 5 7
The legal system
7 Discuss the relationship between the government and the whole parliament when it comes to making new laws or amending current laws.
8 Evaluate the influence of international law on domestic law.
9 %XPLAIN
in New South Wales or the Australian Capital Territory.
10 Critically analyse the ways that Indigenous Australian law has been, and can be, incorporated into the contemporary Australian legal system.
1 %XPLAIN
and balances’ provided by the Australian Constitution.
2 Explain the difference between the ‘division of power’ and the ‘separation of powers’
under the Constitution.
3 Use examples to describe the various roles of the High Court.
4 Class debate: If the Constitution were to be rewritten today, what current state government powers should go directly to the federal government?
5 Explain the difference between common law and statute law. Analyse their relationship.
6 Describe the distinguishing features of Indigenous Australian law.
6 What is common law?
a parliament-made law b JUDGE MADE
c the legal principles developed in England and followed in Australia
d law that resolves disputes between two individuals
7 When is a binding precedent set?
a when it is established by a higher court
b WHEN
of a case are similar to another case
c WHEN
JUDGE
d when parliament passes a law about a case 8 What is the main purpose of equity?
a TO
b to achieve fairness c to achieve equality d to achieve damages
9 Which of these statements about the Security Council is true?
a IT
b it has the authority to send armed forces into countries
c it must take the advice of the General Assembly on matters involving peacekeeping
d it has limited powers
10 Which of these features does the adversary system involve?
a THE
b the payment of damages to the victim of a crime
c JUDGES
d each side presenting its case and testing the opposition’s evidence
Chapter summary tasks
5 8 C a m b r i d g e L e g a l S t u d i e s – P re l i m i n a r y