Institutions of International Law: An Australian Perspective
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Drawing on existing knowledge about legal institutions and processes, this presentation provides an overview of the origin and nature of international law and its institutions and processes of governance. It highlights the relationship between international law and Australian domestic law, through the concept of sovereignty and also Australian processes for incorporating international law domestically.
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Institutions of International Law: An Australian Perspective
- 1. International legal institutions and processes Sustaining national sovereignty and global peace 1
- 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 2
- 4. WHAT IS INTERNATIONAL LAW? The nature and origins of law 4
- 5. What are the goals of international law? 5
- 6. Origins 6 Ratification of the Peace of Westphalia of 1648 in Münster |Gerard Terborch (1617–1681)
- 7. ‘International’ law (origins): whom did it serve? 7
- 8. Contrast Treaties International sale of goods Peace keeping Inter-country adoption 8 Public international law (law of nations) Private international law
- 9. Contrast Domestic law: expression of sovereignty over citizens Domestic Law Citizen Citizen Citizen International law: agreement between nations International law Nation Nation Nation Nation 9
- 10. Who is the subject of law? Domestic Law International law 10
- 11. Hard law, soft law 11 Treaties Conventions Protocols Covenants Charters Recommendations Declarations Principles
- 12. International law reflects shared values 12
- 13. UNITED NATIONS International law’s governing body 13
- 14. Genesis of legitimacy, authority – think constitution 14
- 15. WE THE PEOPLES OF THE UNITED NATIONS DETERMINED to 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 ENDS to 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]15
- 16. INSTITUTIONS OF THE UN International law 16
- 17. General Assembly Security Council International Criminal Court International Court of Justice Economic & Social Council UN organs, agencies Secretary General UN Governance 17 decides
- 18. The General Assembly Does it remind you of a legal institution? 18
- 19. The Security Council Does it remind you of a legal institution?19
- 20. UN Secretary-General 20 Does this role remind you of a legal institution?
- 22. 22 What makes international law legitimate? What makes international laws valid? Consider what you know about law
- 23. Consider the logic: IF Law reflects sovereignty UN makes law How is a nation sovereign? 23
- 24. Sovereignty 24 ‘[t]he Organization [the UN] is based on the principle of the sovereign equality of all its Members’ UN Charter – Article 2
- 25. Negotiate Adopt authenticate SignRatifyReservations Entry into force 25 Treaty process
- 26. Interpreting international law – parallels with Australian law? Good faith Ordinary meaning In context To achieve the purpose Supple- mentary means 26
- 27. How to connect? International law (eg treaty) Domestic law (statute) 27
- 28. Enter treaty Parliament passes legislation Only then will international law become part of domestic law Australian law requires two steps 28
- 30. International law within domestic law: examples Sex discrimination Race discrimination Torres Strait Treaty World heritage 30
- 31. Why do nations comply with international law? Fear of ostracism Sanctions Keep favour with other nations International friendship 31
- 33. UN Charter – Article 33 The 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. 33
- 34. International Court of Justice 34
- 35. ICJ Where is it? How many judges ? Are judges represent- ative ? How are judges selected ? 35
- 36. Sanctions 36
- 37. Force 37
- 38. Increasing or decreasing impact of international law in Australia? Mabo Response to anti- torture breach Response to climate change targets 38
- 39. Review Origins; source; nature Relationship: sovereignty; international + domestic law Governance ~ constitution; parliament; executive; court Making international law Dispute resolution under international law 39