PPL – International Law and Australian Law (Lecture 10) final

PPL – International Law and Australian Law (Lecture 10) final

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PPL – International Law and Australian Law (Lecture 10) Some differences from Australian law and international law No international legislature o Rules are made by agreement between States (treaties) or by the conduct and opinion of States (customary international law and general principles of law) We can usually see the Australian act for Australian law, but for international law uses treaties between states. No international judiciary o Jurisdiction of legal bodies is usually by consent If there is a dispute, then courts can be enforcing ONLY if there is a dispute . If a court thinks that an issue does not exist, they do not have to resolve it. o Few direct enforcement mechanisms International law also lack enforcement mechanisms as we have in domestic law. For example: If need to pay damages, domestic law would allow paying in various enforceable methods. International law doesn’t. o There is an international court of justice however. Treaties Wide variety of names, such as conventions, agreements, covenants. These are all written agreements between states. Some treaties are o Bilateral - Between two countries. o Regional - Agreements between countries. o Multilateral – Between many different states. A wide vary of other bodies. Process of treaty-making o Signature – When signing a treaty, a country is not legally bind by it. Occurs through negotiation on and gone through the final version. Must work out through negotiation the content of the treaty. This can also be a long process. This is done if countries are considering ratifying the treaty, thus preventing domestic law undermining a treaty.
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o Ratification (if signed)/Accession (if not signed) - consent to be bound at the international level. Doesn’t have direct domestic elements however (no direct legal effect), but the country will act in accordance to the treaty. o Direct legal effect will only occur upon countries when a treaty is transformed into Australian law. Customary international law – Two elements Both of these are required to form a rule of customary law. o General State practice (objective element) – extensive and substantially uniform practice by states. o
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PPL – International Law and Australian Law (Lecture 10) final

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