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Legal Studies 2020 > International law > Flashcards

International law Flashcards

1
Q

What is international law?

A

International law is the body of law that governs the relationship between nation-states.

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2
Q

What does international law provide?

A

International law provides mechanisms for the maintenance of peace and security and the reduction of conflict.

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3
Q

What does international law cover?

A

International law covers fundamental human rights making it illegal to do such things as torture or commit genocide

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4
Q

What does international law rely on?

A

International law relies on countries consenting to cooperate in the enforcement of these laws

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5
Q

What is a nation-state?

A

A nation-state in the legal sense is an independent entity that is recognised by other nation-states on an international basis.

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6
Q

What must a nation-state have?

A

A defined territory, a permanent population an effective government and the capacity to enter into international negotiations.

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7
Q

What is meant by the term state sovereignty?

A

State sovereignty means that the state has the authority to make laws for it population and the power to enforce laws.

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8
Q

What are sources of international law?

A
  1. Treaties-Bilateral and multi-lateral2. Declarations3. Customary international law4. Legal decisions 5. Legal writings
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9
Q

What is a treaty?

A

A treaty is a voluntary agreement between nations and may cover any sphere of international relations between the parties. Parties who have signed the agreement abide to be bound by the conditions and rules established in the agreement.

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10
Q

What are the two types of treaties?

A

Bilateral treaties and Multilateral treaties

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11
Q

What is a bilateral treaty?

A

these are between two nations

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12
Q

What is a multilateral treaty?

A

treaties between two or more countries

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13
Q

What does ratify mean?

A

When a nation signs a treaty and agrees to be bound by it is said to ‘ratify’ it ( in Australia, we must then pass enabling legislation to incorporate the provisions of the treaty into our legal system

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14
Q

What are declarations?

A

These state the parties’ position on particular issues but do not impose legally binding provisions that must be followed. An example of this is the Universal declarations of human rights, which was signed following the events of the Holocaust in WW1

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15
Q

What was the declaration of human right the foundation for?

A

The declaration is the foundation for two binding UN human rights covenants (treaties)-The international covenant on civil and political rights and the international covenant on economic, social and cultural rights.

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16
Q

What is international law?

A

International custom is a rule that has been established by its long tradition and is followed by many nations.

17
Q

Who decides upon international legal decisions?

A

The international court of justice. This court deals with most disputes involving international law. Many treaties designate the ICJ as the means of resolving disputes that arise under the treaty.

18
Q

What plays an important role in guiding the decisions made?

A

The writings of respected international lawyers, judges and academics.

19
Q

When was the united nations established?

A

The united nations was established in 1945 by the charter of the united nations

20
Q

What are the Un’s main goals?

A

Maintain global peace and security to develop friendly relations among nations and to promote co-operation in solving international problems.

21
Q

What does the UN General Assembly do?

A

The Un general assembly is made up of representatives of all member nations. It discusses and makes recommendations on the operation of the Un

22
Q

What is the most powerful part of the UN?

A

The united nations security council and has the final say

23
Q

What does the security council consist of?

A

The security council consists of five permanent members (The United Kingdom, The United States, Russia, China and France) There are also 10 non-permananet members

24
Q

What is the International court of justice?

A

The International Court of justice is the main judicial organisation of the UN.

25
Q

What are the two main functions of the International Court of Justice?

A

Decides on disputes when brought before it by member nations Offer advice on matters of international law when requested

26
Q

What are war crime tribunals?

A

War crime Tribunals are special courts held on ad hoc (when needed) basis. They try individuals accused of war crimes. or crimes against humanity.

27
Q

What is the international criminal court?

A

Established by the treaty of Rome. hears cases against an individual who are accused of serious international crime. Such as genocide.

28
Q

What are intergovernmental organisations?

A

IGOSare organised groups of nation-states established to pursue mutual interests. The UN is one example of this another example is the EU

29
Q

What are non-government organisations?

A

NGOs are associations based on common interests and aims which have no connection with any government. They make contributions to world peace, disaster relief, environmental protection and alleviating poverty.

30
Q

What are some example of NGOs?

A

The red-Cross, World vision and Amnesty international

31
Q

How is international law a source of law?

A

Some countries like France, when they ratify an international treaty, it automatically makes it part of that country’s domestic law. This is not the case for Australia new legislation is required to be pass through both the lower and upper houses.

32
Q

What are sources of international law?

A

Sources of international law are treaties, declarations covenants, customs and legal decisions of international courts and tribunals.

33
Q

What might Australia need to do after signing declarations and covenants?

A

After signing declarations, covenants and traties, Australia may need to pass legislation to reflect their provisions in our domestic legislation.

Legal Studies 2020 (9 decks)

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