International obligations Flashcards
(7 cards)
What is the United Nation
United Nation (UN) is an international organisation committed to maintaining international peace and security.
- develops friendly relations amount nations, and is promoting social progress, better living standards, and human rights.
How does the UN impact on Australian law?
- statutory interpretation
- development of common law
- treaty Implementation through legislation
What is the statutory interpretation?
- statutory interpretation:
when interpreting laws, australian courts aim to be consistent with the country’s international obligations. This means they can refer to UN treaties that Australia has ratified to help guide their decisions.
What is the development of common law?
- development of common law:
The high court of Australia sometimes uses international human rights principles from UN instruments to help shape and develop common law
What is the treaty implementation through legislation?
- treaty Implementation through legislation:
When Australia ratifies a UN treaty, it agrees to followe its terms. To do this, Australian Parliament must pass or update laws to make the treaty’s rules part of domestic law
How does UNESCO Impact Australian law
Implementation of UNESCO conventions:
- When Australia ratifies a UNESCO convention, it takes on a legal duty to follow its rules.
- australian parliament usually needs to create new laws or change exsisting ones to match the conventions requirments
How does the Human Rights Council impact Australian law
- Universal Periodic Review (UPR):
Through the UPR, the UN Human Rights Council reviews Australian’s human rights record every 4.5years. Other than UN members states suggest improvements, which can influence changes in Australian law and policies - Treaty Body Recommendation:
UN Treaty Bodies review how Australia implement human rights treaties and provide recommendation. These suggestions can influence changes in Australian laws and policies to better align with international human rights standards