Sources Of Public International Law

In the 21st Century many things have been called into question. Among those things is the adversarial system that Australia’s Rule of Law system follows. The argument stands that the adversarial system is too aggressive in its approach to the legal system. Would Australia benefit more from the adversarial system changing into the inquisitorial system or would it be more beneficial to create a hybrid of the two. This essay will aim to discuss the advantages and disadvantages of both the current system of adversarial and the more European system of inquisitorial. Highlighting why it is important to begin moving away from a traditional adversarial system drawing evidence from the Family court of Australia, the Netherlands and Nigeria’s current

For this assignment, I will describe the main international institutions by giving a description of what they are and how they operate. I will then explain how they are structured and governed and I will give some details about how they form and evolved. In my assignment, I will also include some case studies operated by these institutions and their consequences. Finally, I will explain the impact of these institutions on UK Public Services.

Implementation of international human rights law can happen on either a local, a territorial or a global level. States that endorse human rights arrangements confer themselves to regarding those rights and guaranteeing

Australia pride itself on its strong human rights record and its standing as a good global citizen. However deeper analysis and according to recent situation that how boat people are being treated shows that Australia has failed to fulfill with its international human rights obligations in a number of areas. This is making the things complicating and has tendency towards receptionist and relativist arguments as regard as these international obligations. Especially, much of the focus in Australia and the country’s

The adversarial nature of Australia’s court system deal with facts and legal implications. Here lies the establishment of such principles that make the law

Australian laws have two forms, public and private law. Public law is an individual versus the Australian government, for example, criminal law, constitutional law and environmental law. It involves public bodies, public matters and is the concern of everybody in Australia. Private law involves disputes between private citizens or entities, for example, contract law, family law and probate laws.

Over one hundred and eighty sovereign states are members of the United Nations and they have different constitutions. Some have to provide for a federal structure, in others although unitary, include different legal systems within the one state. The disparities between constitutions deals with momentous ethnic, linguistic and religious considerations. Their vagueness requires a prudent imposition on what ?is? and what ?ought? to be the law. The premise of this piece is on Global Administrative Law, with an exegesis on critical legal studies.

3. Australian International Law – Australia’s legal system and effectiveness. Peter Greste - Australian Government Department of Foreign Affairs and Trade.

Taking this into consideration, dealing with external activities of a state, international law has extensive latitude. In Article 38 (1) of the Statue of the International Court of Justice, the following sources of international law are acknowledged: (a) international conventions, whether general or particular, establishing rules expressly recognized by the contesting States; (b) international custom, as evidence of a general practice accepted as law; (c) the general principles of law recognized by civilized nations; (d) ... judicial decisions and the teachings of the most highly qualified publicists of the various nations, subsidiary means for the determination of rules of law (36). Sources having a technical meaning related to the law making process and must not be confused with information sources, research sources or bibliographies on international law (35). Rules expressed and recognized by consenting states are referred to as treaties and/or conventions. Treaties are codified agreements established by consenting states as means of resolving a dispute or to recognize mutual interests. Since treaties are codified, they are favored over customary law; therefore, becoming a vital part of building a more stable foundation for international law. States are required to meet their international obligations as well as formulate efforts to

As mentioned in the text “Law is a body of rules established by government officials that bind government, individuals, and nongovernment organization.” These rules were established to maintain stability and justice. The five sources of law are common law, constitutional law, legislation, executive orders and administrative law. Common law is judge made and is grounded in tradition and previous judicial decisions, instead of in written laws. It was a tradition beginning in England as the United States had former ties to England, they were influenced by it. Constitutional law is the body of law that comes out of the courts in cases involving the interpretation of the constitution. The highest court is the Supreme Court.

2. This international society has a law that establishes the rights of its members – above all, the rights of territorial integrity and political sovereignty.

In the pursuit of positive peace for the global community, certain mechanisms are necessary in order to better protect human rights and resolve interstate conflicts. Prior to the events of World War II, a cogent set of laws defining those human rights, much less violations therein were never heard at an international scale. The International Criminal Court has the role as both appellate for justice and voice for peace in the international community but has not yet resolve the contradictory ends of both roles. That contradictory end is that many countries proclaim the necessity of the International Criminal Court as an advocate for conflict resolution and peace advocacy while being resist or outright antagonistic towards the court when their own state has committed those same crimes. To the ends of defending basic universal rights, the International Criminal Court (hereafter ICC) serves that capacity when state level systems cannot or will not act accordingly.

Article 2 emphasizes the rudimentary importance of sovereignty in international law as almost absolute. This belief has been further demonstrated in General Assembly Resolutions. Resolution 2625, accepts the Declaration on Principles of International Law Concerning Friendly Relations and Co-operation among States. Amongst other considerations, it confirms the importance of the Charter and sovereign equality. General Assembly Resolution 3314, defines aggression and calls upon members to refrain from aggression as well as other uses of force that would not be in compliance with the Charter. It also reinforces the Declaration on Principles of International Law Concerning Friendly Relations and Co-operation among States. Declaration 42/22, the approval of the Declaration on the Enhancement of the Effectiveness of the Principle of Refraining from the Threat or Use of Force in International Relations, once again reaffirms the importance of non-intervention, the importance of peaceful relations and the necessity for peaceful means to be used in conflict resolution because a) the risks and concerns associated with conflict and more importantly in this

Norms are expectations of behaviour and a vital part of the international community (Finnemore and Sikkink, 1998, 887). In the anarchic system of international politics, norms can provide stability and unity due to certain expectations, as well as implement change when norm shifts restructure the international community (Finnemore and Sikkink, 1998, 894). Therefore, the process that enables a norm to be accepted internationally is an important one to analyze and understand. In order for a norm to become international, the most important factors are shared moral assessment and hegemonic acceptance of the norm.

The United Nations is widely regarded and respected as the most powerful institution that promotes international cooperation and human rights action. In theory, actions implemented by and within the United Nations are based on the mutual global goal of protecting international human rights and preventing human sufferings. These actions are constituted through three main mechanisms: the Treaty-based system, the Human Rights Council, and Security Council and Humanitarian Interventions, with the level of confrontation and seriousness in each mechanism increases respectively. While aimed to serve the mutual goal of protecting human rights over the world and have shown some successes, in a world of sovereignty, actions when implemented are in fact grounded by the national interests of each state, including embracing its national sovereignty, concreting its strategic relationships with other states, and enhancing its reputation in the international community. This paper will analyze the successes and failures of each of the three mechanisms of the United Nations regime, through which it aims to prove that when it comes to actions, states focus more on their national, and in some cases, regional interests than on the mutual goal of strengthening human rights throughout the world, thus diminishing the legitimacy of the whole United Nations system.