2.Sovereignty: A state has sovereignty, which means independence from control of its internal affairs by other states.…
The purpose of laws in our society is as systematic set of rules to control our conduct. These rules are enforced by the courts. It also declares how we must behave.…
International law is developed and agreed upon by those that make up the international system, but not every nation state is a member or has a part in the process. Most nations are said to comply with International Law, but that appears questionable considering the number of human rights violations still occurring around the world. While the international community does attempt to hold all nations to International Law, it is not always feasible. Force may be necessary in order to ensure compliance, and the international community is generally against the use of force…
Australia became an independent nation on 1st of January 1901 when the British parliament passed legislation allowing the six Australian colonies to govern their own rights as part of the commonwealth. The commonwealth was established as a Constitutional Monarchy, constitutional in that it was established with a written constitution and monarchy because the head of state is the Queen. Australia’s constitution was approved on the 9th of July 1900 and was in effect on the 1st of January 1901. Some aspects of the constitution are model on the U.S. constitution but it doesn’t include a bill of rights like…
Australia has deep-rooted ties to its founding nation; the UK. To sever the few remaining links to our ally and historical parent under peaceful conditions (unlike the American war of independence) would be a crying shame.…
Federation happened in 1901 when the six separate Australian colonies came together to form what is now the Commonwealth of Australia. It occurred for many reasons including: to unite the defence of Australia; to make uniform bank laws; taxes and tariffs resulting in better trade and communication between states; and to put the "White Australia Policy" into practise. Federation came about with the aid of many political leaders, federation lobby groups, many drafts of the constitution and the people of Australia, through a series of conventions held in different colonies.…
Australia does not need to become a republic to demonstrate its independence as a nation. Australia behaves like a republic and has the characteristics of one, and therefore does not need to officially become a republic to prove its independence. These republican-like actions include having our own flag, singing our own national anthem and playing international sport under our…
The Australian Alps (the Alps) hold much historical and cultural value to Australians and, for this reason they are a popular tourist destination. The Alps begin in NSW with the Brindabella National Park then travel downwards through the ACT and NSW, before finishing down in Victoria’s, Baw Baw National Park. The Alps contain great geological significance through the presence of glacial lakes dotted throughout them, which provide the only evidence of glacial activity in Australia and also provide insight to the geological history of Australia.…
The principle of state sovereignty has a profound effect on the promotion and maintenance of world order, however, nations still abuse its immense power to disrupt the protection of human rights. State Sovereignty is the ultimate law-making power of a state. It is the ability of a state to govern within its own borders without external influence/interference. However, state sovereignty is quite ambiguous, it is both a barrier and a vehicle for the promotion and maintenance of world order. Countries with strong legal systems might use their sovereignty to prevent/ prosecute human rights offences. For instance, Australia has used its sovereignty to create the Criminal Code Act 1995, which prohibits sexual servitude. Though It can be used by governments…
After I read Eric Posner’s Twilight of Human Rights Law, it seemed that the ostensibly scintilating international law is useless, given the growing crimes against humanity and the ICC is meeting a deadlock without military enforcement. Are they really useful?…
International law governs international relations both in time of peace and in time of armed conflict. It covers a plenty of fields. It also regulates the circumstances in which states may use armed force (traditionally termed ius ad bellum) and the way in which armed force is actually used ( termed ius in bello or the law of war, international humanitarian law applicable in armed conflict).…
As the dissolution of the Soviet Union occurred towards the last years of the twentieth century, the world’s nations experienced an era of cooperation and unprecedented unity, leading to the creation of international organizations known as the International Criminal Court (ICC). Its purpose would be to capture criminals who had committed crimes against humanity and try them when their home nations refused to do so. Although there have been such courts in the past, the ICC would be the first of its kind to be a permanent international court. However, as all international organizations are, the courts are laden with internal disputes and disorganization from the sheer amount of people and their respective ideas present. Therefore, since the creation of the ICC, there has been a heated debate over its purpose: some argue that the ICC is integral in maintaining international relations and the protection of human rights, while others argue that the ICC is relatively incompetent in carrying out its goal, thereby wasting international resources. Although supporters may claim that the International Criminal Court has properly captured and convicted international criminals to their proper sentences, they fail to see that the court has almost no power compared to other international organizations, is too bloated with internal political disputes to work efficiently, and is a waste of international funds.…
It has often been said that international law ought to be classified as a branch…
Since international law has no established compulsory judicial system for the settlement of disputes or a coercive penal system, it is not as straightforward as managing breaches within a domestic legal system. However, there are means by which breaches are brought to the attention of the international community and some means for resolution. For example, there are judicial tribunals in international law in certain areas such as trade and human rights. The formation of the United Nations, for example, created a means for the world community to enforce international law upon members that violate its charter through the Security Council.…
“International law is an effective tool for the resolution of international disputes and enforcement of International humanitarian Law.”…