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.