LAWS1111 Study Guide - Final Guide: Racial Discrimination Act 1975, Kofi Annan

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25 Jun 2018
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Department
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Professor
Questions:
Dame Rosalyn Higgins, a former President of the International Court of
Justice, has stated that ‘[i]international law is not rules. It is a normative
system.’ What do you think she means by this?
1.
Normative system = a system based on what is established as the norm (Oxford
Dictionary).
She means that international law isn't just a set of rules, they should already be
integrated into each country as the norms and the normal laws. The system
should already be in place in each respective country.
Norm - not a rule - we follow as a standard of practice seen by society.
It doesn’t work as domestic law, its not binding; its more of a socially acceptable
In July 2012, the then UN Special Envoy Kofi Annan (retired Aug 2012)
conceded that international efforts to stop the ongoing violence in Syria
were failing. What do you think are some of the causes of this failure? What
does it tell you about the effectiveness (or lack of effectiveness) of the
international legal system?
2.
Different countries being backed by different nations doesn’t stop the conflict;
only making it worse.
Security Council was trying to make peace plan (back one party) -Russia and
China are permanent members and Vetoed the decisions because they back
Assad.
^ problem - powerhouses have the say in what IL should be.
No international police force - no consequences for Assad unless he voluntarily
gives himself over.
We have to interfere in ways which respect the countries' sovereignty.
Australia has ratified nearly all major human rights treaties, but has been
criticised for failing to comply with its obligations. Given this, do you think
international human rights law has had a real impact in Australia?
3.
It has had an impact on Australia to an effect, in the way that we have
recognised all the human rights and we acknowledge that they are there
and every person/citizen is entitled to them however, we also take away
those rights in certain instances. Recent anti-terrorism laws have impeded
certain human rights.
High Risk Terrorist Offenders Bill includes provisions for 'continuing
detention of high risk terrorist offenders' following the end of their court-
ordered jail sentence, as well as lowering the age for control orders from 16
to 14.
Terrorism suspects to be held without charge for 14 days - the right to be
innocent until proven guilty is revoked here.
Racial discrimination Act - ratified treaty.
Koowarta - Commonwealth overruled QLD decision to not let an Indigenous
man buy land.
Teoh - Admin. Decision makers are bound to take international treaty
ratifications
Question 1
Introduction:
Define complex terms - show marker your understanding of the terms
Argument - agree/disagree/partially agree or disagree
Thesis Statement -sentence or so outlining each paragraph.
Body Paragraphs:
Paragraph where we agree with the quote.
Paragraph where we disagree with the quote.
Para 1:
What international law is - how it is formed - from
Sovereignty - each country is sovereign - can rule themselves.
Dualist countries see sovereignty as very important and must implement
the laws in their countries by themselves.
Opinion o diuris - customary law is followed because their believe it is
binding on them. The things you sign are still binding on you even though
there aren't consequences.
Jus cogens - customs are very entrenched. We all agree genocide is wrong
and it is entrenched in our society so we
Consequences of violating IL
Reputation to other states/own citizens,
Morally willing to trade.
Agree with Rosalyn - Int. Court of Justice = voluntary.
Japan Whaling - countries don’t have to follow what International
community says.
Positivism & Natural law
Its fine IL doesn’t work like Domestic Law.
Is International Law effective - frequent essay question
No one polices international law - no consequences.
-
No punishment for breaking international laws.
-
Some countries employ economic sanctions - take away ties from a certain country.
Countries don’t usually do this because it will be to their detriment.
-
Tutorial 5
Tuesday, 27 March 2018
9:10 am
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This preview shows pages 1-2 of the document.
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Questions:
Dame Rosalyn Higgins, a former President of the International Court of
Justice, has stated that ‘[i]international law is not rules. It is a normative
system.’ What do you think she means by this?
1.
Normative system = a system based on what is established as the norm (Oxford
Dictionary).
She means that international law isn't just a set of rules, they should already be
integrated into each country as the norms and the normal laws. The system
should already be in place in each respective country.
Norm - not a rule - we follow as a standard of practice seen by society.
It doesn’t work as domestic law, its not binding; its more of a socially acceptable
In July 2012, the then UN Special Envoy Kofi Annan (retired Aug 2012)
conceded that international efforts to stop the ongoing violence in Syria
were failing. What do you think are some of the causes of this failure? What
does it tell you about the effectiveness (or lack of effectiveness) of the
international legal system?
2.
Different countries being backed by different nations doesn’t stop the conflict;
only making it worse.
Security Council was trying to make peace plan (back one party) -Russia and
China are permanent members and Vetoed the decisions because they back
Assad.
^ problem - powerhouses have the say in what IL should be.
No international police force - no consequences for Assad unless he voluntarily
gives himself over.
We have to interfere in ways which respect the countries' sovereignty.
Australia has ratified nearly all major human rights treaties, but has been
criticised for failing to comply with its obligations. Given this, do you think
international human rights law has had a real impact in Australia?
3.
It has had an impact on Australia to an effect, in the way that we have
recognised all the human rights and we acknowledge that they are there
and every person/citizen is entitled to them however, we also take away
those rights in certain instances. Recent anti-terrorism laws have impeded
certain human rights.
High Risk Terrorist Offenders Bill includes provisions for 'continuing
detention of high risk terrorist offenders' following the end of their court-
ordered jail sentence, as well as lowering the age for control orders from 16
to 14.
Terrorism suspects to be held without charge for 14 days - the right to be
innocent until proven guilty is revoked here.
Racial discrimination Act - ratified treaty.
Koowarta - Commonwealth overruled QLD decision to not let an Indigenous
man buy land.
Teoh - Admin. Decision makers are bound to take international treaty
ratifications
Question 1
Introduction:
Define complex terms - show marker your understanding of the terms
Argument - agree/disagree/partially agree or disagree
Thesis Statement -sentence or so outlining each paragraph.
Body Paragraphs:
Paragraph where we agree with the quote.
Paragraph where we disagree with the quote.
Para 1:
What international law is - how it is formed - from
Sovereignty - each country is sovereign - can rule themselves.
Dualist countries see sovereignty as very important and must implement
the laws in their countries by themselves.
Opinion o diuris - customary law is followed because their believe it is
binding on them. The things you sign are still binding on you even though
there aren't consequences.
Jus cogens - customs are very entrenched. We all agree genocide is wrong
and it is entrenched in our society so we
Consequences of violating IL
Reputation to other states/own citizens,
Morally willing to trade.
Agree with Rosalyn - Int. Court of Justice = voluntary.
Japan Whaling - countries don’t have to follow what International
community says.
Positivism & Natural law
Its fine IL doesn’t work like Domestic Law.
Is International Law effective - frequent essay question
No one polices international law - no consequences.
-
No punishment for breaking international laws.
-
Some countries employ economic sanctions - take away ties from a certain country.
Countries don’t usually do this because it will be to their detriment.
-
Tutorial 5
Tuesday, 27 March 2018
9:10 am
Unlock document

This preview shows pages 1-2 of the document.
Unlock all 6 pages and 3 million more documents.

Already have an account? Log in

Document Summary

Dame rosalyn higgins, a former president of the international court of. Justice, has stated that [i]international law is not rules. Normative system = a system based on what is established as the norm (oxfor. She means that international law isn"t just a set of rules, they should already be integrated into each country as the norms and the normal laws. The system should already be in place in each respective country. Norm - not a rule - we follow as a standard of practice seen by society. It doesn"t work as domestic law, its not binding; its more of a socially acceptab. In july 2012, the then un special envoy kofi annan (retired aug 2012) conceded that international efforts to stop the ongoing violence in syria were failing. Different countries being backed by different nations doesn"t stop the conflict; only making it worse. Security council was trying to make peace plan (back one party) - russia and.

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