ICC

International covenant on Civil and Political Rights (ICCPR)
-adopted by General Assembly in 1966
-came into force in 1976
-Article 17 directly implemented into statute law as Human Rights(Sexual Conduct) Act 1994 allowing consenting adults freedom of sex in private

Convention on the Elimination on all forms of Racial Discrimination (CERD)
-Introduced in 1969
-Committee on Elimination of Racial Discrimination established to monitor compliance
-Commonwealth passed Racial Discrimination Act 1975 in compliance

Convention Against Torture (CAT)
-Came to force in 1987
-Aus has not passed domestic legislation
-The Crimes' (torture) Act 1988 was passed with references to acts of torture outside of Aus

Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW)
-Forced in 1981
-Sex Discrimination Act 1984

Convention on Rights of the Child (CRC)
-Came to force in 1989
-Family Law Reform Act 1995 passed to comply regarding child rights on the breakdown of parents' relationship

International Covenant on Economic, Social and Cultural Rights
-Set up committee monitoring compliance
-No specific legislation

* * *

Aus has been criticized as little legislation has been passed by aus responds by saying it has very good human right records and common law together with parliamentary democracy adequately protects human rights identified in the treaties.

* * *

Arguments for use of HR Trearties:

• Provision of consistency between member-states
• Provision of leadership to other nations
• Setting of standards and provision regarding human rights
• Universally protect human rights as people move from country to country
• Mechanism to monitor compliance by member states and reports to committees allows issues of violations to be addressed

Criticisms

• Interferes with country's sovereignty
  
• Committees set up are not courts, appearing to lack impartiality and objectivity
• If commonwealth legislated for every HR under external affairs power they are encroaching on state's residual power
• Lack of consistency in criticisms
• Aus govern = directly accountable to people, limited in degree which they can respond to all provisions of treaty

***

International Court of Justice (ICJ)

-Settle disputes brought to it by member-states in accordance with international law
-Give advisory opinions on questions of law internationally

**Hostage taking, asylum seekers' rights, territorial sovereignty, maritime borders

International Criminal Court (ICC)

-Investigates serios international crimes
-Genocide (Killing/causing serious harm to group of people with intention of destroying them)
-War crimes (breachs of Geneva Convention 1949) that apply internationally and domestically.
--Crimes against humanity (widespread and systematic attacks against civilian population

* * *

What are the roles of international treaties in Australian law? (8 marks)





I. Improve human rights protection for all Australians, set a new benchmark for human right protection in Australia.



· International covenant on Civil and Political Rights (ICCPR).

· Convention on the Elimination of all forms of racial discrimination (CERD).

· Convention Against Torture (CAT).

· Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW).

· Convention on Rights of the Child (CRC).



II. Additional guidelines to assist judges in interpreting statutes. Additional source of law to assist judges in interpreting statutes.



· International treaties signed by Australia act as additional guidelines for judges when interpreting statutes. This will ensure judges keep up to new evolving international standards when it comes to judicial law making.

· Additional source of law on top of domestic law. This ensures that domestic laws in Australia are constantly being ‘updated’ by new sources of laws if treaties signed by the Executive are passed by the Legislature (Parliament). This ensures that a domestic law in Australia does not remain stagnant and evolve according to new international norms.



Example: Enacting the Consequential Amendments Act 2002 (Cth) which incorporated offence of genocide into domestic Australian law.



Teoh’s Case * elaborate on the applicability. Note: the doctrine of Parliamentary Supremacy or Parliamentary Sovereignty against the judges decision in Teoh’s case.







III. Influence Australia’s trade policies and trade legislation. Facilitate enactment of Australian laws to improve Australia’s economy and international trade with other countries.



-US – Australia Free Trade Agreement: refer to page 125 of the textbook.

-Other International Trade Treaties.

· Facilitate safer inter-state relations

· Enhance international cooperation and understanding with other Australian trading partners.

· Trade treaties such as WTO Agreements and the United Nations multilateral treaties are shaping the way trade is conducted. Adopting these treaties sends a signal to international investors and trade operators that a country is serious about creating a secure climate for business.



IV. Affect Australian laws and policies on security and defense in including Australian criminal laws. (for example relating to terrorism laws *refer to example given in Lesson 33, referral of powers on new codification of criminal laws relating to terrorism).

· Improving the defense in Australia, the region and the world in general



· Defense Agreement between the government of Australia and the government of the Republic of Singapore concerning the use of Shoalwater Bay training area (Queensland) 2005.



· Australia’s role in Iraq and Afghanistan.





V. Preserve international stability and act as a guideline to resolve international territorial disputes, law of the sea.



· United Nations Law of the Sea (UNCLOS) (refer to Lesson 34)







VI. Extradition treaties, ensure criminals are prosecuted.

· signatory to the Geneva Convention 1949

· Enacting the Consequential Amendments Act 2002 (Cth) which incorporated offence of genocide into domestic Australian law

· Relationship with the ICC