International Law and Australian Public Law

Summary

This video explores Australia's legal relationship with the world, emphasizing the importance of understanding the Australian legal system's unique features and its place in the international legal order. It explains the main sources of international law, including agreements, decisions by legal bodies, and international custom. The video clarifies that while Australia is a party to many international treaties, these do not become domestic law until implemented by Parliament, reflecting a dualist system where international law does not override federal parliament powers. It also discusses the influence of international law on Australian law, both directly through treaty implementation and indirectly as a standard for domestic expectations.

Takeaways

• 📜 The video discusses Australia's legal relationship with the world, emphasizing the importance for Australian lawyers and law students to understand the Australian legal system and its differences from other systems globally.
• 🌐 International law governs the relationships between nations, also known as States, and is distinct from the states within Australia. It is created through international actions rather than individual government acts.
• 📝 The main sources of international law are international agreements, decisions by international legal bodies, and international custom.
• 🔍 International agreements are negotiated and entered into by two or more nation-states and can be called treaties, conventions, covenants, or other names.
• 🏛️ International legal bodies, such as the United Nations (UN), the International Court of Justice, and the International Criminal Court, make decisions that form part of international law.
• 👥 International custom consists of rules developed over time that nations consider themselves bound by, even though they can be difficult to define.
• 🌳 International legal principles cover a wide range of topics, including environmental standards and human rights, which are now considered international concerns.
• 🇦🇺 Australia participates in the international legal realm through the executive government, which has the power to enter into treaties and arrangements without needing parliamentary approval.
• 🏢 Australia follows a dualist system where international law does not become part of domestic law until implemented by the federal parliament.
• 📋 The executive's international engagements signal Australia's agreement to the international legal framework but do not obligate domestic implementation until parliament acts.
• 🛡️ International law does not operate as a higher law in Australia; it does not limit the federal parliament's powers and operates as a separate realm of law.
• 📚 International law can influence Australian law directly through treaty implementation or indirectly by setting standards for domestic expectations and conformity.

Q & A

What is the primary focus of the video script?

The video script focuses on explaining Australia's legal relationship with the world, the nature of the Australian legal system, and how it differs from other legal systems, as well as its role in the international legal order.

What does the term 'international law' generally refer to?

International law generally refers to the law that governs the relationships between nations, also known as States, and is typically created by international actions rather than individual governments.

What are the three main sources of international law mentioned in the script?

The three main sources of international law mentioned are international agreements, decisions made by international legal bodies, and international custom.

What is an international agreement and why are there different names for them?

An international agreement is a contract negotiated and entered into by two or more nation-states. They can be known by different names such as treaties, conventions, covenants, or other terms, reflecting the variety of formal arrangements between nations.

Can you name some international legal bodies and their roles?

Some international legal bodies include the United Nations (UN), the International Court of Justice, and the International Criminal Court. These bodies are often established by international agreements and play crucial roles in making decisions, declarations, or instruments that contribute to international law.

What is meant by 'international custom' in the context of international law?

International custom refers to the unwritten rules that have developed over time and are considered binding by nations, even though they can sometimes be difficult to define precisely. They form an important part of the international legal system.

How does Australia participate in the international legal realm?

Australia participates by engaging in international treaties and arrangements, being a party to many international and bilateral treaties, and through the role of the executive government, which has the authority to enter into international agreements on Australia's behalf.

What is the role of the executive government in Australia's international legal engagements?

The executive government in Australia has the power and authority to enter into international treaties and arrangements without needing permission from Parliament or other entities, thus representing Australia in international relations.

How does international law become part of Australia's domestic law?

International law becomes part of Australia's domestic law when the federal Parliament implements the treaties or agreements into Australian domestic law, following the executive's engagement at the international level.

What is the 'dual system' of international law in Australia?

The dual system in Australia refers to the separation between international law and domestic law. International obligations undertaken by the executive do not bind anyone domestically until the federal Parliament enacts them into domestic law.

How does the Australian legal system view the role of international law in relation to its own sovereignty?

The Australian legal system views international law as a separate realm and does not consider it as a higher law that controls or limits the federal Parliament's powers. The Parliament retains sovereignty to decide what becomes part of Australian law.

What influence can international law have on Australian law?

International law can influence Australian law directly when Parliament implements a treaty or agreement, and indirectly by serving as a standard for domestic expectations and conforming with global standards that many other countries adhere to.

Outlines

00:00

🏛 Understanding International Law and Australia's Legal System

This paragraph introduces the concept of international law, which governs the relationships between nations, and distinguishes it from the laws within individual countries like Australia. It highlights the three main sources of international law: international agreements, decisions by international legal bodies, and international custom. The speaker emphasizes the importance for Australian lawyers and law students to understand not just the Australian legal system, but also how it fits into the broader international legal framework. The paragraph also touches on the wide range of topics covered by international law, such as environmental standards and human rights, which have become matters of international concern despite being traditionally considered domestic issues.

05:02

📜 The Dualist Nature of International Law in Australia

The second paragraph delves into the specifics of how international law is integrated into Australia's legal system, describing it as a dualist system. In this system, international agreements and treaties entered into by the executive government do not automatically become part of Australian domestic law. Instead, they require implementation by the federal parliament to have domestic effect. The speaker clarifies that while Australia can be bound by international law at the global level, this does not necessarily translate into domestic obligations until parliament takes action. This highlights the principle of parliamentary sovereignty, where the federal parliament retains the ultimate authority to decide what becomes law within Australia. The paragraph also notes the indirect influence of international law on Australian law, suggesting that while it may not be directly enforceable, it can serve as a standard for domestic legislative and executive actions.

Keywords

💡International Law

International Law refers to the body of rules that govern the relationships between nations, also known as States. It is a crucial concept in the video as it sets the stage for discussing how Australia's legal system interacts with the global legal order. The script mentions that international law is typically created by international actions rather than individual governments, highlighting its collective nature in addressing international matters.

💡Australian Legal System

The Australian Legal System is the national framework of laws and regulations within Australia. The video emphasizes the importance for Australian lawyers and law students to understand its specific features and how it differs from other legal systems. It is central to the discussion on how international law is integrated, or not, into domestic Australian law.

💡International Agreements

International Agreements are legally binding contracts negotiated and entered into by two or more nation-states. In the script, they are described as a primary source of international law, with various names such as treaties, conventions, or covenants. They are a key mechanism through which Australia participates in the international legal realm.

💡International Legal Bodies

International Legal Bodies, such as the United Nations (UN), the International Court of Justice, and the International Criminal Court, are organizations established by international agreements to oversee and enforce international law. The video explains their role in creating international decisions, declarations, or instruments that contribute to the body of international law.

💡International Custom

International Custom refers to unwritten rules that have developed over time and are considered binding on nations. The script describes these as sometimes difficult to pinpoint but operating in the background of the international legal system, influencing its development and application.

💡Domestic Law

Domestic Law is the body of laws within a nation that governs the conduct of individuals and institutions within that country. The video discusses how international law must be implemented by the Australian Parliament to become part of domestic law, illustrating the distinction between international obligations and domestic legal requirements.

💡Executive Government

The Executive Government in Australia is the branch that has the authority to enter into international treaties and arrangements on behalf of the country. The script explains that the executive does not need parliamentary approval to sign treaties, but these treaties do not become domestic law until implemented by Parliament.

💡Treaties

Treaties are a specific type of international agreement that is legally binding between the parties involved. The video uses treaties as an example of how international law is negotiated and entered into by nation-states, and how they must be implemented by the Australian Parliament to affect domestic law.

💡Parliamentary Sovereignty

Parliamentary Sovereignty is the principle that the federal parliament has the ultimate authority to make decisions about what becomes law within a country. The video describes how, in Australia, this principle means that international law does not automatically become part of domestic law without parliamentary implementation, emphasizing the power of the federal parliament.

💡Dualist System

A Dualist System is a legal framework where international law and domestic law are separate realms and international law does not automatically become part of domestic law. The video explains that Australia operates under such a system, requiring an additional act by the federal parliament to implement international treaties into domestic law.

💡International Concerns

International Concerns refer to issues that have become a matter of global interest and are regulated by international legal principles, even if they originally were considered domestic issues. The script gives examples such as environmental standards and human rights, indicating how international law can influence areas that were once solely within the jurisdiction of individual nation-states.

Highlights

Introduction to Australia's legal relationship with the world and its importance for Australian lawyers and law students.

Explanation of the term 'international law' as the law governing the relationship between nations.

Differentiation between international and domestic states within the Australian context.

Three main sources of international law: international agreements, decisions by international legal bodies, and international custom.

Description of international agreements as negotiated and entered into by nation-states, with various names like treaties or conventions.

Role of international legal bodies in making decisions, declarations, or instruments, with examples like the UN, International Court of Justice, and International Criminal Court.

Concept of international custom as rules developed over time that nations consider binding, even if difficult to articulate.

International law's coverage of a wide range of topics beyond strictly international matters, such as environmental standards and human rights.

Australia's participation in the international legal realm and the role of the executive government in entering treaties and arrangements.

The executive's authority to engage in international relations on Australia's behalf without needing parliamentary approval.

Australia's status as a party to numerous international and bilateral treaties, with the understanding that these do not automatically become domestic law.

The dualist system in Australia where international law does not bind domestically until implemented by the federal parliament.

International law's influence in Australian law, both directly through treaty implementation and indirectly as a standard for domestic expectations.

The non-obligatory nature of international law in the domestic sphere until parliament decides to implement it.

International law's role as an important standard for Australia's domestic law, indicating expectations for the parliament and executive.

The distinction between international obligations and their implementation within the Australian public law system.

Conclusion summarizing the impact and practical applications of international law in Australia's legal system.

Transcripts

hello again in this video I'm going to

talk to you about Australia's legal

relationship with the world it's

important for Australian lawyers and

indeed Australian law students to

understand the specific feature of the

Australian legal system but it's also

important for us to understand the ways

which our legal system differs from

other legal systems in the world and how

we understand our legal system operates

in the international legal order when we

speak of international law we mean in

general terms the law that governs the

relationship between nations sometimes

called States and those are different

from the states that we have within

Australia this law is typically made up

by international action rather than the

act of individual governments the main

sources of international law includes

three things that I want to talk to you

about today international agreements the

decisions made by international legal

bodies and international custom so

turning first to international

agreements as the name suggests these

are agreements negotiated and ultimately

entered into by two or more

nation-states international agreements

of this kind can be known by different

names you'll be familiar with the idea

of treaties or conventions but sometimes

they're called covenants or other names

secondly we have the international

decisions declarations or instruments

that are made by international legal

bodies many of those bodies are

established by international agreements

the most important body that we

generally familiar with is the United

Nations or UN but there are other

international bodies like the

international courts the International

Court of Justice and the International

Criminal Court are some examples those

and third we have international custom

those are the rules that are developed

over many years by which nations now

consider them

else bound they're sometimes quite

difficult to pinpoint or articulate but

they still operate in the backdrop of

the international legal system now even

though I've said that international law

is the law that governs the relationship

between nations it doesn't only deal

with strictly international matters

there are international legal principles

covering a whole range of topics

subjects or concerns so for instance

there will be international legal

principles concerning environmental

standards or protection of human rights

or international criminal law some of

these are issues that really are

regulated or take place wholly within a

nation-state but the international order

or the international legal framework has

decided that there is a kind of

collective approach towards those issues

which originally we might have thought

of as domestic or internal national

issues but have now become of

international concern turning then to

Australia Australia participates in the

international legal realm in many

different ways first we need to be clear

on the role of the executive in our

system in our system it's the executive

government that has the authority and

the power to enter into international

treaties and arrangements with other

countries all within the UN system it

does so on Australia's behalf but it

doesn't need anyone elses permission to

do that so the executive can go ahead

and sign treaties and covenants or make

undertakings or promises in the

international world without waiting for

the authority of parliament or some

other operator in our system the

executive has the full power to engage

in international relations that means

that the executive government can go

ahead and engage Australia as a party to

all or any of the international legal

framework or legal instruments but

Australia is of course a party to many

international treaties and covenants

and many bilateral treaties with other

nations and multilateral treaties with a

number of different nations the

important point to take from this is

that whilst the executive might have

gone ahead and made all those

arrangements that doesn't necessarily

filter down into Australia's domestic

law until something additional happens

so the executive can go ahead and make

those arrangements with our friends at

the international level but it won't

become part of Australian law until

Parliament implements those treaties or

arrangements or covenants so we have in

Australia what's known as a doula system

international law that we undertake to

be a part of at the international level

does not bind anyone in the domestic

level until this additional act takes

place that is that the federal

parliament implements that international

standard or undertaking into Australian

domestic law so the international acts

that we undertake are a signal to the

international world that we agree to be

part of the international legal

framework but we're not obliged in the

domestic sphere to implement that until

Parliament decides to do so even if

there are mechanisms for enforcing

international law and making that

international law obligatory in our

nation they don't become obligatory

until the Australian Parliament or the

Federal Parliament implements those

international mechanisms the important

point I guess that I want you to take

from this is that international law

doesn't operate as a higher law in the

Australian system it doesn't operate as

controlling or limiting any of the

federal parliament powers it operates as

a different realm of law the effect of

international law in any nation-state

will be dependent on the constitutional

system in that state and in our system

it doesn't become vine

in many ways we can understand this this

Julis system as an example of

parliamentary sovereignty because the

federal parliament retains the

sovereignty the right to make the

decision about what becomes part of

Australian law and what doesn't even

though the executive government might

have signed up to certain obligations in

the international stage now

international law still has significant

influence in Australian law it can

influence our law of course directly

when Parliament implements a treaty or

an international agreement where a

doctor can influence us indirectly for

present purposes we can say that

international law is not always directly

relevant to Australian public law but it

can become so the fact that something is

prohibited or permitted by international

law does not make it an issue of whether

it's legally valid or invalid within

Australia whether it is legally valid or

invalid in Australia will depend on

whether the Australian Parliament the

federal parliament has actually

implemented that standard if the

standard remains unimplemented it's just

an obligation that we have visa vie our

international friends but not within the

Australian public law system internally

international law can still serve as an

important standard for us in domestic

law it can still indicate to us what we

expect a domestic parliament to do what

we expect our executive to do in terms

of conforming with a standard that all

other countries or many other countries

are adhering to but it doesn't force our

government to do anything it's

interesting to look at the different

international standards that we expect

Australia is bound to and consider

whether we are actually bound to do

those in our domestic sphere that's all

for today thanks