LEGAL STUDIES HALF YEARLY NOTES

CHAPTER 1 BASIC LEGAL CONCEPTS Anarchy: the absence of laws and government. Customary law: principles and procedures that have developed according to the customs of a people or nation, or groups of nations, and are treated as obligatory. Customs: collective habits or traditions that have developed in a society over a long period of time. Doli incapax: a Latin term meaning incapable of wrong; the presumption that a child under 10 years of age cannot be held legally responsible for his or her actions and cannot be guilty of a criminal or civil offence. Equality: the state or quality of being equal, that is, of having the same rights or status. Ethics: (1) rules or standards governing the conduct of a person or the members of a profession; (2) a major branch of philosophy, which investigates the nature of values and of right and wrong conduct. Fairness: free from bias, dishonesty or injustice; a concept commonly related to everyday activities. Justice: the legal principal of upholding generally accepted rights and enforcing responsibilities, ensuring that equal outcomes are achieved for those involved. Law: a set of rules imposed on all members of a community which are officially recognised, binding and enforceable by persons or organisations such as the police and/or courts. Legal system: the system of courts, prosecutors and police in a country. Natural justice/Procedural fairness: the body of principles used to ensure the fairness and justice of the decision-making procedures of courts; in Australia it generally refers to the right to present your case, the right to freedom from bias by decision-makers, and the right to a decision based on logically relevant evidence. Rule of law: the principle that no one is above the law; the most important application of the rule of law is that the governmental authority is exercised in accordance with written, publicly disclosed laws that are adopted and enforced in accordance with established procedural steps. Rules: regulations or principles governing procedure or controlling conduct. Sanction: a penalty imposed on those who break the law, usually in the form of a fine or punishment. Tyranny: rule by a single leader holding absolute power in a nation-state. Values: principles, standards or qualities considered worthwhile or desirable within a society.

The meaning of law

The law can be defined as a set of enforceable rules of conduct which set down guidelines for relationships between people and organisations in a society. The law provides methods for ensuring the partial treatment of people, and outlines punishments for those who do not follow the agreed rules of conduct. A society is a group of human beings who are linked by mutual interests, relationships, shared institutions and a common culture. Laws today are imposed by the administrative institutions that govern a society; they cover all members of society and there are consequences that follow if they are breached.

Customs, rules and law - Customs are established patterns of behaviour among people in a society or group - Customs vary depending on the culture, religion and history of a group of people, society or country - Where a custom is followed by most of the population over time, it may become part of the laws of society. Because of differences between societies, not all customs become law. - Customary law consists of established patterns of behaviour that are accepted within a particular social setting. - These principles and procedures develop through general usage according to the customs of a people, nation-state or group of nation-states. - Customs arose to deal with problems in the most harmonious ways. - Three areas in which customary law has influenced the Australian legal system are: o Aboriginal and Torres Strait Islander customary law o English customary law o International customary law - Many societies, most customary law is never written down, as is the case with Indigenous Australian customary law - In other societies, customary law eventually is recorded and transferred into written law in formal legal systems. - Rules refer to prescribed directions for conduct in certain situations. - Rules are generally made by groups and only affect people within those groups - If these rules are broken, there is some form of punishment attached, enforceable by those involved in the making of the rules. Rules can also be altered by these people in order to deal with changed in situations. In a legal sense, rules form the basis of laws. However, rules can be changed quite quickly with the agreement of those involved. Laws, as you will discover, are much more difficult to change and punishment is not always a simple process. The law, as we know it, is made up of the formal rules of society. These legal rules have been agreed upon by the group and govern their behaviour and activities. Laws allow and prohibit a whole variety of activities, from here rubbish should be placed to how we should treat fellow human beings. Failure to follow these regulations incurs penalties ranging from a fine to imprisonment. Laws have certain characteristics that make them different from rules:

o Laws are binding on the whole community. This means that they apply to all members of society. o Laws can be enforced. This means that penalties apply if a law is broken. o Laws are officially recognised. This means that governments and courts recognise laws and enforce them. o Laws are accessible (or discoverable). This means that people can find out which law applies to a particular situation. o Laws relate to public interest. This means that laws exist for things that concern the whole of society, and that interest is considered to outweigh the costs or drawbacks of the governments involvement in enforcing them. o Laws reflect rights and duties. This means that everyone in society has responsibilities to others. Such as the duty to drive safely, and that everyone has the right to be treated in the same way by others. In Australia today, the laws of society are mainly decided on by elected government officials at local, state or federal government levels. Judges also have the power to make laws in certain cases when they set a precedent. Any laws made will be fair, just and equitable because they are expected by society to look after all members of the group. It is also expected that they will reflect traditional and recent ethics and values.

Laws - to be obeyed by all citizens of a society - made by a law-making body - enforced through the courts - consequences of a breach results in a prescribed sanction imposed by the courts Relationship between customs, rules and laws

Rules - to be obeyed by specific individuals or groups - made by individuals or groups - enforced by leader of a group - consequences of a breach at the discretion of the leader of a group

o Whenever people have lived together in groups, they have developed rules to govern their behaviour and thus maintain the smooth running of activities
o o o

These rules were based on the traditions, customs and values of the group These rules have penalties attached if members of the group fail to follow them Groups usually put someone, or a small group, in charge to enforce these rules and the associated penalties. In modern times, this became the government.

Values and ethics

Living according to our ethics means that we do things that we consider to be morally right. It is very difficult to make rules, and thus laws, about everyones values, especially as there are often groups in society that have different standards of what is morally right or wrong. For this reason laws will only cover those ethical values that are common to all.

Characteristics of just laws

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The concept of justice involves the fair and impartial treatment of all persons, especially under the law. Justice can be seen as the continued effort to do the right thing by everyone. When it comes to making laws in a democratic society, justice involves consulting the people and carrying out the decisions of the majority, while the minority has the opportunity to put their point of view. A just law is one that allows everyone to receive fair treatment and outcomes, and ensures that human rights are recognised and respected.

The nature of justice

The system of courts, prosecutors and police in a country is often called the legal system. It is the task of the legal system to ensure that all citizens have equal access to the law and that the law provides equality, fairness and justice to all members of society.

Equality Equality means that all people in a society are treated in the same way with respect to political, social and civil rights and opportunities. While the law strives for equality, it also takes into account the peoples different capacities, such as maturity, recognises people are more vulnerable than others, and provides protection for them Doli incapax.

Fairness Fairness applies to everyday life, whereas justice has more legal connotations.

Even if it is sometimes possible for an opinion about what is fair to be justified or mistaken, there is no single social mechanism for deciding what is fair or ensuring fairness. Justice is more specific than fairness, as the term is applied to situations covered by the law.

Access The ultimate goal of the law is to protect the rights of all citizens in a society; however, the legal system can only fulfil this goal if all people have equal access to the agencies and institutions of the law. Access refers to the ability to obtain or make use of something. The concept of justice suggests that everyone who is covered by a legal system and its laws should have equal access to that system.

Procedural fairness and the principles of natural justice

Procedural fairness refers to the idea that there must be fairness in the processes that resolve disputes. Closely linked to the concept of natural justice. Natural justice refers to the fact that everyone should be treated fairly in legal situation. There are two main principles of natural justice: o The right to be heard this includes the right to a fair hearing o The right to have a decision made by an unbiased decision-maker.

The rule of law

The principle of the rule of law is that no one is above the law, including those who make the law. This means that the groups and individuals who are involved in the legal system, such as: o The legislators and judges who make, administer and interpret the law o The police who enforce the law o And the lawyer who represent and advice people on the law, are all answerable to the same laws as everyone other citizen.

Why do people obey the law? -

They create order They help each person to feel a sense of security the law is clear about what is expected of them as citizens and what they can expect from others. It also helps to reinforce the values of most members of society. The law embodies the concept that what each individual believes is important has the same importance to the larger group. Laws also function to protect all members of society. They tell society what actions are and are not permitted. Laws apply sanctions to those found guilty of a crime, and may act as a deterrent to those who might otherwise commit a crime. Laws enable people to resolve disputes, as they empower the police force and the courts to enforce and administer the law.

Anarchy and tyranny

Rules are needed to ensure that our behaviour is regulated to meet the common expectations of society. The absence of laws, the inability to enforce laws or the unfair and unequal application of laws can result in states of anarchy or tyranny.

Anarchy
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The word anarchy comes from the Greek word anarchia, which means without a ruler. Anarchy is a term used to describe a state of chaos and disorder resulting from the absence of rules and laws.

Tyranny -

Opposite of anarchy. A tyrant is a single leader who has unlimited power over the power in a country or state.

CHAPTER 2 SOURCES OF CONTEMPORARY AUSTRALIAN LAW

Act of Parliament: Statute law, resulting from a bill successfully passing through parliament and gaining royal assent.

Adversarial system: a system of resolving legal conflicts, used in common law countries such as England and Australia, that relies on the skills of representatives for each side who present their cases to an impartial decision-maker.

Appeal: an application to have a higher court reconsider a lower courts decision, on the basis of an error of law.

Appellate jurisdiction: the ability or power of a court to hear appeals of the decisions of lower courts and to reject, affirm or modify those decisions.

Bicameral: containing two chambers or houses of parliament.

Bill: a drafted law that has not yet been passed by parliament.

Committal hearing: inquiries held in the Local or Magistrates Court to determine whether there is enough evidence against the defendant to warrant a trial in a higher court.

Common law: law made by courts; historically, law common to England.

Concurrent powers: existing at the same time, powers held by both state and federal parliaments.

Coronial inquests: investigations into deaths that have occurred in unusual circumstances, held in the Coroners Court and overseen by a magistrate called the Coroner.

Corporations law: legislation that regulations corporations and the securities and future industry in Australia; it s administered by the Australia Securities and Investments Commission (ASIC).

Courts of equity: historically, courts whose decisions were more discretionary and cased on moral principles, and which served as an antidote to the inflexibility of the common law.

Customary law: principles and procedures that have developed according to the customs of a people or a nation, or groups of nations, and are treated as obligatory.

Defamation: the act of making statements or suggestions that harm someones reputation in time community.

Delegated legislation: laws made by authorise of a crime or a civil wrong; in a criminal case, the defendant is also referred to as the accused.

Domestic law: the law of a nation.

Equity: the body or quality of being equal, that is, of having the same rights or status.

Exclusive powers: powers that can be exercised only by the federal parliament.

Ex parte: (Latin) from one side; in a case this means the other side is absent or unrepresented.

External affairs power: the power of the Commonwealth to legislative on international matters involving Australia interpreted by the High Court to mean that when the Commonwealth signs an international treaty or convention it has the authority to enact laws to give effect to this international law within Australia.

Federation: the process of uniting several states to form a single national government.

Indictable offences: serious criminal offences that require an indictment (a formal, written charge) and a preliminary hearing; they are typically tried before a judge and jury and are subject to a greater penalty.

Inquisitorial system: a legal system where the court or a part of the court is actively involved in conducting the trial and determining what questions to ask.

Jurisdiction: the powers of a court, depending on its geographic area, the type of matters that can be decided, and the type of remedies that can be sought.

Larceny: taking another persons property with intent to permanently deprive the owner of the property; also known as stealing.

Legislative powers: the legal power or capacity to make laws.

Mediation: (1) a process in which two parties are brought together for the purpose of discussing and resolving a conflict; (2) a form of alternative dispute resolution designed to help two or more parties, in the presence of a natural third party, to reach an agreement.

Natural justice: the body of principles used to ensure the fairness and justice of the decision-making procedures of courts, in Australia it generally refers to the right to present your case, the right of freedom from bias by decision-makers, and the right to a decision based on logically relevant evidence.

Obiter dicta: (Latin) comments from a judge in a case that are not directly relevant to the case and therefore not legally binding.

Opinio juris sive necessitatis: (Latin) opinion that an act is necessary by rule of law: the principle that for the practice of a state to be customary international law, the state must believe that international law requires it.

Original jurisdiction: the ability or power of a court to hear a case in the first instance. Precedent: a judgement that is authority for a legal principle, and that serves to provide guidance for deciding cases that have similar facts.

Ratify: to formally confirm that the country intends to be bound by the treaty.

Ratio decidendi: (Latin) the legal reason for a judges decision.

Referendum: the referral of a particular issue to the electorate for a vote.

Residual powers: those remaining matters on which the states can legislate, which are not referred to in the Constitution.

Sanction: a penalty imposed on those who break the law, usually in the form or a fine or punishment.

Stare decisis: a Latin term meaning the decision stands; the doctrine that a decision must be followed by all lower courts.

Summary offences: criminal offences that can be dealt with by a single judge without a jury and do not require a preliminary hearing.

Statute law: law made by parliament.

Terra nullius: land belonging to no one; the idea and legal concept that when the first Europeans came to Australia the land was owned by no one and thus was open to settlement. It has been judged legally invalid.

Treaty: an international agreement concluded between states in written form and governed by the guidelines of international law; treaties may also be referred to as conventions or covenants.

Ultra vires: (Latin) beyond the power or authority legally held by a person, institution or statute to perform an act.

Australias legal heritage

Legal processes and practices use din Australia today are based on the model developed in England. British came to Australia in 1788, they brought with them the law that applied in Britain, known as common law.

Contemporary Australia law has evolved from both common law and statue law. Common law refers to laws created in court that is, decisions made by judges. Statue law refers to laws made by parliament.

The adversarial system of trial Australia uses the adversarial system as part of both criminal and civil court proceedings. Adversary means opponent. In a trial the two sides of the case try to prove their version of facts and disprove the version of the other side. The defendant in a criminal trial does not have to prove anything, as he or she is assumed to be innocent until proven guilty. An impartial judge (and sometimes a jury) will listen to the evidence presented by both parties and make a decision as to which side has proved their case, and thus disproved the other sides case.

The inquisitorial system In an inquisitorial system, the court is actively involved in determining the way in which the competing claims are presented. It is different from the adversarial system where the role of the court is to act as an impartial referee. Derives from the Roman and Napoleonic codes. Found in Europe, as well as Japan and some other countries. Called the civil law system, a judge or group of judges have the task of investigating the case before them.

Common law
Common law in Australia today includes elements of the following: o Court-made law o Law developed by the courts of common law, as distinct from the courts of equity o The system of court based-law used in the United Kingdom and many of its former colonies

The doctrine of precedent

A judgement that is followed is called a precedent, and it provides the authority for the legal principle contained in the decision. The doctrine of precedent is also known as sate decisis Latin for the decision stands The purpose of precedent is to ensure that people are treated fairly, and that the law develops in a consistent and coherent fashion. Old cases retain authority and their decisions can be used as the basis for decisions in modern court cases. Thus the doctrine of precedent works to limit a judges ability to be creative when it comes to making a decision.

Making and following precedent Where there has been no previous decision to provide guidance for deciding a case, a court must use principles of the existing common law and statute law to make its decision. Another way in which precedents are created is in the interpretation of legislation. When a judge gives a decision in a case, it usually is made up of two parts: o The ratio decidendi the legal reason why a judge came to a particular decision. o Obiter dicta other remarks made by the judge regarding the conduct of the trial. If the facts or relevant points of law are significantly different from a previous case, the case may be distinguished from the earlier one and its ratio decidendi does not have to be followed. Lower courts are bound to follow decisions of superior courts, regardless of whether the judge believes a decision of the higher court is correct, this is known as binding precedent. Superior courts do not have to follow decisions mad in lower courts. They may, however, use them to help make a decision. This is called persuasive precedent.

Court hierarchy: jurisdiction of state and federal courts

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Australia has two levels of law: state and federal. All courts have the power to hear a case for the first time. Some courts can also hear appeals from lower courts. This means they can reconsider the decision of a lower court.

State and territory courts The state court system in New South Wales operates under the following hierarchy:

HIGH COURT OF AUSTRALIA

Federal superior courts Federal Court of Australia

Federal superior courts Supreme Court of the ACT Supreme Court of NSW

Federal specialist courts Family Court of Australia

State intermediate courts District Court of NSW

Federal Magistrates Court of Australia Federal lower courts

Magistrates Court of the ACT Territory lower the ACT Coroners Court of courts Childrens Court of the ACT

Local Court of NSW Coroners Court of NSW State lower courts Childrens Court of NSW Land and Environment Court of NSW

1. Lower courts 2. Intermediate courts 3. Superior courts In criminal cases, minor offences such a loitering and obstructing traffic are called summary offences these are dealt with in the lower courts. More serious offences, such assault and murder, are called indictable offences these are dealt with in the higher courts.

Lower courts
LOCAL COURT AND MAGISTRATES COURT -

In NSW, the Local Court deals with minor criminal matters and minor civil disputes In this court, a magistrate will hear and decide the case, and will set the punishment for criminal offences. The Local Court in New South Wales has jurisdiction to deal with the following areas: o Minor criminal and summary offences

o Civil matters with a monetary values of $5,000-$60,000

CORONERS COURT
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In NSW and the ACT, the role of the Coroners Court is to ensure that unexplained or suspicious deaths, fires and explosions are properly investigated.

CHILDRENS COURT In NSW and the ACT, the Childrens Court deals with civil matters related to the care and protection of children and young people. It also deals with criminal cases involving persons under the age of 18 at then time of the offence, or (in NSW) under the age of 21 when charged with a crime they committed while under the age of 18.

LAND AND ENVIRONMENT COURT A specialist court responsible for interpreting and enforcing environmental law in the state of NSW. Wide jurisdiction and deals with matter related to environmental planning (e.g. zoning of parklands), environmental offences (e.g. illegal polluting or dumping) and appeals to local council rulings.

Immediate courts
THE DISTRICT COURT OF NEW SOUTH WALES Deals with more serious criminal matters. These include everything from charges of larceny to more serious charges like manslaughter, sexual assault and large-scale drug importation. Deals with criminal offences such as: o manslaughter, malicious wounding, and dangerous driving o assaults o sexual assaults o offences relating to properly, including robbery, breaking and entering, larceny and embezzlement o importing, supplying or possessing prohibited drugs

o offences involving fraud, including passing valueless cheques, obtaining money by deception, and forgery Handles civil cases where the amount claimed is between $60,000 and $750,000.

Superior courts
THE SUPREME COURT -

The Supreme Court is the highest court in the state or territory hierarchy. Deals with the most serious criminal matters and civil cases involving large sums of money. Also deals with appeals from the lower courts in that state or territory. Has criminal jurisdiction over the most serious indictable offences such as murder and manslaughter, attempted murder, kidnapping, major conspiracy and drug-related charges. All cases are heard before a judge and jury.

Federal courts
THE FEDERAL MAGISTRATES COURT OF AUSTRALIA The Federal Magistrates Court of Australia was established towards the end of 1999 and conducted its first sittings in July 2000. The jurisdiction of the Federal Magistrates Court includes family law and child support, administrative law, bankruptcy, human rights, consumer protection and trade practices, privacy, migration, copyright, and industrial law. Does not deal with criminal matters.

THE FEDERAL COURT OF AUSTRALIA -

Was established by an Act of Parliament in 1976 Deals with civil disputes governed by the federal law, as well as some summary criminal offences.

THE FAMILY COURT OF AUSTRALIA

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The Family of Australia is a superior federal court which deals with the most complex family law matters. Established by the Australia Parliament in 1975.

Main functions is to rule on cases related to specialised areas in family law, such as divorce, parenting orders, the division of property and spousal maintenance.

THE HIGH COURT OF AUSTRALIA The highest court in the Australian judicial system. Established in 1901 under section 71 of the Australia Constitution. Deals with appeals from the Federal Court of Australia, the Family Court of Australia, and the state and territory Supreme Courts. Also deals with cases concerning the interpretation of the Australia Constitution and the constitutional validity of laws.

Statute law
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Statute law is the law made by parliament. It is also known as legislation or Acts of Parliament. In Australia, any parliament has the power to make statute law. State, territory and federal governments all have the right to make laws. The Australian Constitution sets out the powers of the state and federal parliaments with respect to making law.

The role and structure of parliament -

A parliament is a body of elected representatives. It debates proposed legislation, passes or rejects it, and amends legislation. Apart of QLD and the territories, all state parliaments and the federal parliament are bicameral. ACTs parliament is unicameral: it only has a lower house, called the Legislative Assembly. In NSW, the lower house is known as the Legislative Assembly and the upper house is called the Legislative Council. In federal parliament, the two houses are the Senate (the upper house) and the House of Representatives (the lower house). The prime minister is the leader of the government. The Executive Council is made up of Governor or Governor-General and selected ministers.

The Queen must assent to laws. She is represented in Australia by the Governor-General at federal level and governors at the state level.

The legislative process

Passing legislation -

One of the most important functions of parliament us the passing of laws. A proposed new law is known as a bill. The making of a law can be difficult and time-consuming. Bills are usually introduced by ministers, who are responsible for their preparation. Before a bill passes and becomes federal law, it requires the approval of both houses of parliament and the Governor-General. It then becomes an Act of Parliament.

THE PROCESS OF PASSING A BILL THROUGH PARLIAMENT Need for new law is identified Influences on governments to make laws come from many and varied sources. These include: - community interest - electoral mandate - the need to continue or enhance existing laws - national/international events

Draft bill Cabinet approves the drafting of a bill. The proposed bill is drafted by parliamentary clerks and timetabled for its first reading in the Lower house. The bill is presented by the minister, ready for its first reading. First reading The first formal reading of the bill takes place by the Clerk of the Parliament who reads out the title of the bill. Each member receives a copy of the proposed Act. Second reading The minister then speaks about the proposed Act, elaborating on its general aims, debate over the bill takes place. This stage is complete by the Clerk reading the title of the bill for the second time. Committee stage The bill is examined and debated in detail and changes (known as amendments) are made if necessary. Third reading During the third reading a vote is taken on the bill. If the bill passes, it moves to the Upper house.

Upper house In the Upper house, the process is repeated. If the bill does not pass in the Upper House it may be returned to the Lower House for amendments or may be rejected.

Royal assent If the bill is passed in the Upper House, it is presented to the Governor or GovernorGeneral for formal approval. The bill now becomes an Act of Parliament and is law as of the date specified in the Act.

The Constitution
A constitution is a set of rules that may apply to a social club, a large scale organisation or even a nation.

On 1 January 1901, Australia gained a Commonwealth Constitution, which outlined the legal framework and rules that apply to the governance of Australia.

Division of power - Chapter 1, Part V of the Constitution. - The Constitution divided up the powers between the federal government and the states. Separation of powers - Key organs of government as: o the legislature the law-makers (Aus: this is the parliament: House of Representatives) o the executive the ministers and government departments who administer the laws made by parliament (Aus: Governor-General, the Prime Minister and the Cabinet) o the judiciary the courts which interpret and apply to law

Aboriginal and Torres Strait Islander Peoples customary laws

There is no single system of Aboriginal and Torres Strait Islander law. All laws are spiritually based and closely linked to the land. Aboriginal and Torres Strait Islander law is based on tradition, ritual and socially acceptable conduct. For this reason it is known as customary law.

The spiritual nature of Indigenous customary law - The Dreaming is the basis of much Aboriginal and Torres Strait Islander law. - The Dreamtime is the history of the Aboriginal and Torres Strait Islander peoples. It explains how the land, animals, plants and sky were created and has a very strong religious element. Diversity of Indigenous societies - Aboriginal and Torres Strait Islander law is tribal and different tribes have their own variations of customary law. - There are also offences that are not recognised by non-customary law but are punishable under traditional law. E.g. insulting an elder and the singing of sacred songs in public. Ritual and oral traditions within indigenous societies - Aboriginal and Torres Strait Islander law is part of everyday life. - The law is an integral part of the values, customs and ethics of Indigenous peoples and have developed over many thousands of years. - Most laws related to marriage, child-rearing, religion, family and kinship. - Customary laws have been passed from generation to generation by word of mouth and trough ritual. Dispute resolution within Indigenous societies - Elders and influential members of the tribe might meet with the people in conflict and use discussion and dialogue in an attempt to settle the dispute. Enforcement and sanction within Indigenous societies - Punishments range from ridicule and shaming to exile, spearing or death. The relevance of customary law today - Many aspects of customary law can be seen embodied in Australia law today.

International law
The differences between domestic and international law - Each country has laws for its own people, known as domestic law.

A state, in the legal sense, is an independent entity that is recognised by other states on an international basis. In order to be a state, a place must have: o A defined territory o A permanent population o An effective government o The capacity to enter into international negotiations. International law governs the relationships between nation states. International law enables nations to participate in trade and commerce and provides mechanism for the maintenance of peace and security and the reduction of conflict. Sovereignty means that the state has the authority to make rules for its population and the power to enforce these rules/ The term state can refer to a political division within a federation, or to an autonomous nationstate.

Customary international law - Customary international law is not contained within a written document. Instead it is based on longestablished traditions or common practices follow by many nations to the point that they are accepted as being fair and right by the international community. Treaties and declarations - Treaties are the most commonly used course of international law. - A treaty is an international agreement concluded between states in written form and governed by the guidelines of international law. - Treaties can be either: o Bilateral between two nations o Multilateral between many nations - Declarations are also international instruments, but they differ from treaties. - Declarations state and clarify the parties position on particular issues, but do not impose legally binding provisions that must be followed. Legal decisions and legal writings - The International Court of Justice (ICJ), which is part of the United Nations, Is the judicial body that deals with disputes between states. Many treaties designate the ICJ as the means of resolving disputes that arise under the treaty. - Due to the changing international political landscape and the developing nature of international law. The writings of respected international lawyers, judges and academics have an important part to play in guiding decision-making and treaty formation.

International organisations
The United Nations - The United Nations is the chief organisation involved in international law. - It was established in 1945 by the Charter of the United Nations. - It main objectives are to maintain global peace and security; to develop friendly relations among nations based on respect for equal rights and each nations right to govern its own political, economic and social development; and to promote cooperation in solving international problems. - The UN has been central to the protection of human rights and to developing a legal framework to address terrorism, drug trafficking, the clearing of landmines, and protection of the environment. - It has also been active in concrete efforts to fight disease, reduce poverty, provide emergency relief in natural disasters, and many other humanitarian operations. - The main organs of the UN are:

o The General Assembly this is the main body of the UN and is made up of representatives from all member nations and is the main forum for multilateral discussion on all international matter covered by the UN charter. o The Security Council the arm of the UN responsible for maintaining world peace and security. It is the most powerful part of the UN. It is the executive of the UN and had the final say about the security and peacekeeping activities of the General Assembly. It consists of five permanent members: the United Kingdom, the United States of America, Russia, China and France. The International Court of Justice - The International Court of Justice (ICJ) is the picture principal judicial organ of the United Nations. It was established in 1945 and its main functions are to settle disputes submitted to it by states and to give advisory opinions on legal questions submitted by the General Assembly, the Security Council, or other bodies as permitted by the General Assembly. - The ICJ can only hear disputes if the nations involved accept the jurisdiction of the court. Intergovernmental organisations - International organisations (IGOs) are organised groups of nations-states, established to pursue mutual interests in a wide variety of areas. Non-government organisations - Non-government organisations (NGOs) are associations based on common interest and aims, which have no connection with any government. - A well-known human rights NGO is Amnesty International. It takes action to: o Stop violence against women o Defend the rights and dignity of those trapped in poverty o Abolish the death penalty o Oppose torture and combat terror with justice o Free prisoners of conscience o Protect the rights of refugees and migrants o Regulate the global arms trade Relevance of international law to Australia law - In some countries, ratification of a treat automatically makes it part of that countrys domestic law. This is not the case in Australia. - For some treaties, new legislation maybe required to implement it in Australian law. For others, existing federal or state/territory legislation is sufficient. - To pass new legislation implementing a treaty, the federal government may rely on the external affairs power. - International law does not dictate the way in which Australia implements the obligations it has under treaties. - Treaties also influence Australian law in the development of the common law, in judicial review of discussions, and in the judicial interpretation of statutes.