Legal Studies - International Law

Differences Between Domestic and International Law

	International Law	Australian Domestic Law
Application	Applies only to those nations that agree to be bound by the law	Is universal, meaning it applies to all
Enforcement	Complex legal tribunals exist but countries are permitted to exempt themselves from cases	Law Enforcement agencies exist, such as the police, to enforce the law
Creation	Made through negotiations between nations	Made by the parliament (statute) or the rulings of judges (common)

State Sovereignty

The notion of state sovereignty is at the centre of international law. It states that all nations are fundamentally equal and that each nation’s rulers have the right to make decisions on behalf of the nation.

State sovereignty gives nations the right to refuse to participate in international laws and in hearings of international courts and tribunals.

 Sources of Law:

International Customary Law

An international custom is a rule that has been established because it has long been a tradition and followed by many nations. Until the 19^th Century, almost all international law was customary, but customary law takes a long time to create. Despite the decrease in active creation of customary law, laws such as “The Law of The Sea” are largely based on customary law.

Instruments (declarations and treaties)

These can include conventions, protocols, covenant and declarations, but all cab be referred to as treaties. A treaty is described as an agreement between nations that is entered voluntarily. Those nation states which have signed are known as “parties to the agreement” and agree to be bound by the conditions and rules established in the agreement.

There are two main types of treaties. These are:

1. Bilateral Treaties – these are treaties between two nations
2. Multilateral Treaties – treaties between more than two nations.

 There is no prescribed way of making a treaty, although most follow this method:

1. Negotiation – various nations that have an interest in the treaty discuss the clauses and conditions of the treaty
2. Consent to be bound – participating nations agree to be bound by the treaty and they sign it.
3. Ratification – considered the most important step, it involves the signatory nation passing domestic law to accept the treaty.
4. Reservation - this allows nations to withdraw from a treaty or a part of it.

Legal Decisions

The International Court of Justice (ICJ) deals with most international law disputes. It is part of the United Nations structure and has the power to make rulings regarding treaties that nominate the court as the dispute resolution mechanism. Its rulings are considered a subsidiary means of international law making, but whilst not setting precedent, they are becoming an important source of international law as the ICJ has a tendency to use past cases to influence rulings.

Aside from the ICJ, there are also specialised international courts and tribunals. Cases involving war crimes are heard in ad hoc war crimes tribunals.

Legal Writings

In the 16^th – 18^th Centuries, legal writings established that the concepts of Natural Law – which held that law came from God and was above the authority of the state – were dominate. This included international law.

 By the 19^th Century, the concept of positive law took over dominance.  This put a greater emphasis on the role of the state in making law and treaties and customs began to dominate international law rather than the legal writings.

 Legal Writings in the 20^th Century are important as they focus the attention on defects in international law, leading to the rectification of these flaws. They also stimulate discussion and debate about the nature of the law.

Roles of organisations

The United Nations (UN)

When it was first established in 1945, the UN saw itself as providing a forum for nations in dispute with each other, but would not intervene in any matter that was domestic. In more recent times, the UN has deployed peacekeeping forces to various places where internal conflicts have developed. It remains a powerful force in the promotion of world peace and international law, despite heavy criticism. It uses a vast array of organisations to promote human rights and has established a legal framework for the prosecution of international criminals.

Courts and Tribunals

·         The International Court of Justice (ICJ) – this is the main judicial organisation of the UN. It consists of 15 judges and it serves two main functions:

1.        to decide on disputes brought before it by member nations

2.       To offer legal advice on matters of international law when requested by a member nation.

The ICJ is a court for nations only, only nations can bring a case to court. However, the ICJ’s jurisdiction is limited to agreements which have given jurisdiction over disputes to the ICJ, or from countries who have agreed to accept the ICJ’s jurisdiction on all matters.

·         War Crimes Tribunals – these are special international courts, created when needed (ad hoc) to try individuals accused of war crimes and crimes against humanity.

·         International Criminal Court (ICC) – created by a special treaty known as the Rome Statue in 2002.  This court is a permanent court and deals with cases against individuals who have been accused of the most serious international crimes (eg. Genocide.) The ICC will not hear as case that is currently under investigation by another body unless the investigation is no genuine or it is unfair.

Intergovernmental Organisations (IGOs)

These are organisations that represent the governments of member nations. The UN is the most significant, but other regional based ones such as the European Union (EU) exist. These organisations have their own international laws and regulations; some enforce these with their own tribunals and sanctions.

Non-governmental Organisations (NGOs)

These groups represent special-interest groups but are not recognised under international law and have no direct legal role. However, they play a significant role in applying political pressure to nations to abide by international laws.

Relevance to Contemporary Australian Law

Australia plays a very active role in international law, being one of the found members of the UN and remains active in UN peacekeeping activities.

International law plays an important part for Australian Domestic Law as well. Eg. Tasmanian Dam Case (1983) – Franklin River Dam blocked by Federal Government after Government signed treaty regarding world heritage listed Gordon River.

Mathematics > Graphs > Functions & Graphs (Pt. 1)

Relations and Functions
A relation is a set of ordered pairs. eg. (1, 3), (1, 5), (2, 6), (-1, 6) and (-4, 1) is a relation. This can be plotted on a number plane:

A function is a special type of relation where for every x value there is only ONE y value. The above example is not a function, as an x value of 1 gives 2 different y values of 3 and 5. eg. (1, 3), (2, 6), (-1, 6) and (-4, -1) is a function.

If ordered pairs follow a pattern or rule, then the function can be written as an equation. eg. (-1, 0), (0, 1), (1, 2) satisfy the equation y = x + 1.

Vertical Line Test

If a set of ordered pairs is graphed on the number plane, there is a way of checking if they form a function. eg. In the above example, there are two y values for one x value. On a number plane, they lie in a vertical line:

In general, if any x value gives more than one y value, then these points lie in a vertical line. If there is only one y value for an x value, then no point will lie vertically above another.

Even functions are symmetrical about the y-axis.

Odd functions have point symmetry. Rotating 180 degrees about the origin gives the same graph.

The x-intercept is where a graph cuts the x-axis. The value of y is 0 everywhere along the x-axis.

The y-intercept is where a graph cuts the y-axis. The value of x is 0 everywhere along the y-axis.

The domain is the set of all possible x values, whereas the range is the set of all possible y values.

Natasha Stott Despoja Speech

Structure
Past
Identifies a problem of the past.
- eg. Women working: “...except in 1969. So appalled were some women at my mother’s intention of being a working mother that they walked out in disgust".
Present
Identifies such a problem still exists in the present.
- eg. “But we still have a long way to go in our society before women have equality”.
(concludes with the) Future
Presents a Utopian situation where the issue/issues have been solved.
eg. Stott Despoja presents her desire for a truly representative parliament.

Inclusive Pronouns
We is an inclusive pronoun. The effect of using an inclusive pronoun is bringing the issue to the audience and also connects the speaker with the audience, which allows for a more effective conveyance of their message.

Stott Despoja makes use of inclusive pronouns throughout her speech. Inclusive pronouns like “we” and “us” connect the speaker to their audience. Stott Despoja uses this in her concluding paragraphs to effectively convey her desire for change to occur. This is evident in the sentence: “We have the ensure that young people’s issues are addressed”. By beginning this sentence with the inclusive pronoun it motivates the audience to act with Stott Despoja to create change.

Personal References
Personal references serve two purposes. Firstly, the engage the audience by providing information the audience might not know. Secondly, it humanises the speaker, making them engage the audience as an equal, which allows for a more effective communication of the message.
- eg. “I addressed a women’s group that my mother had spoken to the year that I was born, except in 1969 so appalled were some women at my mother’s intention of being a working mother that they walked out in disgust".

English Othello Essay

Ultimately, in this Shakespearian drama, it is the representation of intense human relationship that captivates audiences.

Explore the representation of at least one intense human relationship in 'Othello' evaluating its significance in the play as a whole.

Shakespeare’s plays have often been acclaimed for his representation of the human condition and Othello is no exception. The play focuses on relationships, between lovers, friends, masters and their servants, to captivate the responder and express concerns and ideas of human nature. The intense relationship of Desdemona and Othello is a centrepiece to the play and its destruction throughout the play mirrors the downfall of Othello. It is this relationship that exposes Othello’s weakness and the passionate, intense nature of it is easily manipulated by Iago to become a weapon to be used against the hero and bring about his downfall.

The marriage between Desdemona and Othello is full of controversy. It is through Act 1 Scene 3 that Shakespeare explores the deep love between the pair, so much so that Desdemona is willing to betray her father for Othello. This is the first exploration of the passionate, extreme nature of their relationship, the intense love between Desdemona and Othello proving to be the hero’s fatal flaw which would lead to his eventual downfall. Desdemona’s loyalty to Othello, whilst flawless, is also first called into question in this act, when her father says “She has deceived her father and may thee’, foreshadowing how Iago will turn the nature of the relationship against them both. The drama of the secret marriage between the couple allows for Shakespeare to highlight the passionate nature of Othello, with lines such as “my life upon her faith”, introducing the flawed nature of the main character.

This extreme emotional closeness between Othello and his wife is continued to be publically displayed in Act 2, Scene 1. In the beginning of this act, as the pair celebrates being reunited in Cyprus, the expression of their passion allows for Iago to plot Othello’s downfall. Iago states aside; “O, you are well tuned now, But I’ll set down the pegs that make this music.” It can be seen that this passionate relationship between Othello and Desdemona opens Othello up to be easily exploited, thus exposing his greatest weakness to Iago, creating opportunity for him to destroy the hero.

As the play continues, Iago manipulates both Othello’s passionate nature and the relationship to use against the main character. Having manipulated the innocent actions of Desdemona into something to make Othello jealous, Iago has taken the relationship and turned it into a weapon. He plants the handkerchief that Othello gave Desdemona in Cassio’s bedchamber to make it appear as if Desdemona was not as loyal to Othello as he thought. Through this action, Iago manipulates the intense love Othello has for Desdemona into jealousy and rage, which comes into a public manifestation first with Othello falling into a fit and secondly with Othello striking his wife in public and scorning her. The intense relationship between the two lovers became a weapon for evil and was exploited as Othello’s weakness, creating the climax of the tragedy. 

Despite all this, Desdemona still professes her deep love for Othello. This can be seen as her downfall and the reason why she is killed. She says, in Act 4 Scene 2, to Iago “His unkindness may defeat my life But never taint my love.” This expresses her deep, undying love for Othello, her weakness that creates her to unnatural, extreme loyalty which leads her to follow his commands despite his actions, thus resulting in her death further on in the play. She also expresses this feeling when discussing the nature of fidelity with Emilia, declaring she would never commit adultery, even if it gave her husband the world. Not only is this dramatic irony, that she is so firm in her loyalty even as Othello plots to kill her for alleged infidelity, but it also demonstrates the other side to the passionate relationship, the other half of Othello’s weakness that brings about his downfall.

The final act of the intense, but fatally flawed, relationship of Othello and his wife is the murder of Desdemona. This action not only shows the end of the extreme, passionate relationship, but also is the defining fall from grace of Othello that was brought about through the manipulation of this relationship. Othello continues to be torn between his two intense emotions, his speech swinging between love and the intent to kill. Desdemona continues to deny any form of infidelity, begging for her life in such a manner that only increases the extreme jealousy and rage of Othello, brought about from the extreme love he still feels for his wife. But what is most symbolic of the intense love between the pair is when Desdemona wakes, for a brief moment, and when asked who killed her says “Nobody; I myself” protecting her husband even as he killed her.

The responder watches the development and exploitation of an intensely passionate relationship between Othello and Desdemona. It is highly significant to the play as a whole, as it exposes Othello’s weakness and is manipulated by Iago to bring about the hero’s downfall. The relationship’s end also symbolises Othello’s fall from grace, through the murder of his wife and then his suicide over the guilt for killing an innocent, faithful woman that he loved. Overall, this relationship plays out at the centre of the play, as both a way to develop characters and as a major plot piece and a weapon for Iago.

Comment: Excellent Work! Well structured and clearly and cohesively argued. The only improvement I could suggest would be to put some questions in at relevant points. 15/15


Essay by Torchi.

Legal Studies > The Legal System > Basic Legal Concepts

Meaning of Law
The law is a set of rules that are seen as binding on the community as a whole, a set of rules that can be enforced and are officially recognized. Most importantly, laws are universal, apply to everyone and reflect the values of society.

Laws:

• Are binding on the whole community
• Can be enforced
• Are officially recognized by courts, governments etc.
• Are discoverable
• Relate to public interest
• Reflect rights and duties

Customs, Rules and Law
Customs are a type of behavior that has emerged over time and is followed by a group by mutual consent.
Rules however apply only to certain groups or at certain times. They are not always written down, but can be recorded using symbols. They are more enforceable than customs.

Values and Ethics

Values are principles or attitudes that a society holds as important.

Ethics are a set of moral beliefs governing behaviour. They are concerned with choosing between values, with what we ought to do and what is right, in a particular situation.
Neither values nor ethics are constant. Therefore the law must be adaptable to cope with these changes in society.

Characteristics of Just Laws

A valid law is one that is just. Just Laws must be:

• Equal – applies to all the same
• Based on widespread values
• Made to benefit society as a whole
• Aimed at redressing inequalities
• Minimize delay
• Not be retrospective – must be designed for the future and not change the past.
• Discoverable

The Nature of Justice

Equality: Justice requires laws that do not discriminate and that are applied equally to all people. The enforcement of the law must also be equal
Fairness: Fairness is another feature of justice. Key factors of fairness include ensuring the law does not have a particularly harsh affect on an individual and the right to appeal a decision. Fairness and equality are not often mutual.
Access: Individuals have to be able to access the law in order for justice to be achieved. Law should be understandable.

Procedural Fairness

Procedural Fairness, also known as “natural justice” is a doctrine of the law with the overriding principle being the concept of fair treatment before the law. This doctrine includes:

• The right of a person to participate in the legal proceedings in which they have interest
• The right of a person accused of wrongdoing to know of what they have been accused.
• The right of a defendant to have a hearing
• The right for the matter to be heard in a court free from bias.
• The right to test the evidence presented in a case eg. Cross-examination of a witness
• The right of the accused to not have previous criminal convictions or accusations brought against them in a trial.

Rule of Law
The rule of law is a key principle in legal systems of democratic societies which prevents the use of arbitrary power, unrestrained use of power or decisions made without reference to the law. The other critical element of the rule of law is that the law must be known and its application certain.

Key features of a legal system that follows the rule of law are:

• Separation of powers: Separation of the executive (those that administer the law), the legislative (those who make the law) and the judiciary (those who enforce the law.)
• Controls to ensure that those who enforce the law do not abuse their power
• The accused should not be forced into incriminating themselves.
• The defense should be free to operate without interference from the prosecution
• The accused must be informed of the allegations against them.
• Criminal laws must not be retrospective
• Governments are bound by a constitution
• Humans rights are protected.

Anarchy and Tyranny

Anarchy is a state of lawlessness eg. Post earthquake Hati
Tyranny is a state where there is no check on lawmakers or enforcers. Law is there, but the rule of law is absent.

Notes by Torchi.
Edited by Frankie.

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