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Sources of australian contemporary law 3
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Sources of australian contemporary law 3

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  • 1. Sources of Australian Contemporary Law
    ATSI Customary Law
    International Law
  • 2. there was no single system of law between the groups, but there were many common aspects and many groups shared alliances
    Aboriginal and Torres Strait Islander law is based on tradition, ritual and socially accepted conduct
    for this reason it is known as ‘customary law’
    Aboriginal and Torres Strait Islander Customary Law
  • 3. Ownership of Land
    possession of land was a key principle in British law
    Indigenous cultures considered the land as sacred that could not be owned by any one person
  • 4. when the British settled Australia they made a legal claim under international law that the land was terra nullius, meaning land belonging to no one
  • 5. ATSI Customary Law Today
    customary law can sometimes be taken into account when an Indigenous Australian is charged with a crime
    Indigenous elders can sometimes be consulted by those maintaining or enforcing the law
  • 6. Should ATSI customary law be incorporated into the Australian Legal System?
    Is it fair?
    Should everyone be treated by the law equally?
    Discussion Point
  • 7. international law governs the relationship between countries (known as states or ‘nation-states’)
    one of the main criticisms of international law is that it lacks enforcement
    International Law
  • 8. Customary International Law
    not a written document, it is based on traditions and customs
    Treaties
    the most common source of international law
    international agreements are written and binding on the countries that sign and ratify them
    they can be bilateral or multilateral
  • 9. The United Nations
    192 members
    5 major organs of the UN
    Most important – General Assembly, Security Council and International Court of Justice
    International Organisations
  • 10. for international law to become Australian law new legislation is usually required (enacted into domestic law)
    State Sovereignty of the Australian Government allows them to agree or decline areas of International Law
    E.g Kyoto Protocol
    Relevance of International Law to Australia