International Obligations Flashcards
(7 cards)
What is the United Nations?
UN is an international organisation committed to maintaining international peace and security, developing friendly relations among nations, and promoting social progress, better living standards and human rights.
- 193 Members (currently)
- Membership is open to all peace-seeking states that accept the obligations of the UN Charter and are deemed able to carry out these obligations.
Impact on Australian laws
Statutory Interpretation, Development of Common Law, Treaty Implementation through Legislation
Statutory Interpretation
A key principle of this is that Australian law should be interpreted in a way that is consistent with Australia’s international legal obligations.
When Interpreting legislation, courts can refer to relevant international treaties (including UN conventions that Australia has *ratified.
*To ratify something, in the contexts of international agreements like treaties, means to formally approve and give legal force to it.
Development of Common Law
In some instances, the High Court of Australia has drawn upon international human rights principles, often reflected in UN instruments, to inform the development of the common law.
Treaty Implementation through Legislation
When Australia ratifies a UN treaty (a legally binding agreement under international law), it intends to be bound by its terms publicly. Australian Parliament then needs to pass new laws or amend existing ones to reflect the treaty’s provisions.
How does UNESCO impact Australian
law?
The United Nations Educational, Scientific and Cultural Organisation
A specialised agency of the UN, founded in 1945
Its primary goal is to promote international peace and security through international cooperation in 5 key areas:
- Education
- The Arts
- Sciences
- Culture
- Communication and information
Implementation of UNESCO Conventions:
When Australia ratifies a UNESCO convention, it undertakes an international legal obligation to implement its provisions into domestic law. This often requires the Australian Parliament to pass new legislation or amend existing laws.
How does the Human Rights Council
impact Australian law?
HRC is an international body within the UN System which is responsible for strengthening the promotion/protection of human rights around the globe. It addresses situations of human rights violations and emergencies and makes recommendations on them.
Universal Periodic Review:
Australia’s human rights record is reviewed every 4.5 years under the UPR process. This involves scrutiny by other UN member states, who make recommendations for improvement.
Treaty Body Recommendations:
Australia is a party to several international human rights treaties monitored by UN Treaty bodies (committees of experts). These treaty bodies examine Australia’s reports on its implementation of the treaties and issue recommendations for legal and policy change.
