Legal Studies – International Law
Evaluate the influence of international law on Australian domestic law
The influence of international law on Australian domestic law has enhanced the values of Australia in various ways. International law is law that governs the relationships between nation-states and domestic law is the law of a nation. Both international and domestic law has been affected negatively and positively due to state sovereignty rights. State sovereignty is where states have the authority and power to make and enforce rules for it population without interference of external states or bodies. Australia’s domestic polices are shaped by its international obligations.
International law is the body of law that governs the relationships between nations. International law applies only to those nations that agree to be bound by the law, its enforcement only exist in countries through complex legal tribunals and are permitted to exempt themselves from cases. International law is created through negotiations between nations.
Domestic law is the law within a nation. Australian domestic law is universal it applies to all within Australia. There are law agencies that exist, such as the police, to enforce the law. Australian law is made by parliaments or the rulings of judges.
The influence of international law on domestic law is brought through a process of proposal of a new international law, and then each nation must decide whether to participate, when the country agrees with the law, a representative of that nation will sign the agreement. However the law must then be ratified.
Ratification of international law is before a country is bound by an international law, it must ratify the law. This means passing a domestic law and accepting the terms and conditions of the international law.
The impact of state sovereignty on domestic and international law has significantly shifted the rights of all nations. Due to state sovereignty, many...
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