THE LAW IN OUR WORLD

Legal Studies Unit Term 3

JUST

WEEBLY LINK ONE PART OF YOUR LEARNING

http://year10businessanr.weebly.com

ACTIVITY ONE
What do you think? - Continuum Activity As a class, create a continuum line in the classroom. As your teacher reads the statement, move to the section of the continuum that suits your opinion. Be prepared to justify your position.
1. 2. 3. 4. 5. 6.

All people in the world are treated equally before the law. Laws should be consistent throughout the world. Religious views/rules should play no part in law making. The Australian legal system is always just and fair for all citizens. Capital punishment is appropriate in some countries. The Government ensures that all our human rights are protected and enacted in Australia.

Agree

Unsure

Disagree

OUR RIGHTS....
Laws throughout the world and in Australia are there to protect the rights of individuals and also to create responsibilities for both us as individuals and for the governments that represent us, its people. What rights should we have in our laws in Australia?

UNITED NATIONS
Organisations such as the United Nation were created to help ensure that the rights you outlined earlier, and others, are available to all throughout the world. They also promote the notion that governments should create legislation to ensure that these rights are protected. Look at the first clip about the UN from the UN tab in weebly. 9 minutes.

ACTIVITY TWO
1.

Write a paragraph on the history of the United Nations.

This must include the purpose of the UN which has four elements to it. Once completed share with the class. Note down any facts that you did not include in your paragraph

2.

What treaties/covenants has Australia signed from the United Nations? Give a brief outline of each.

THE UNITED NATIONS

The Universal Declaration of Human Rights was adopted by the United Nations General Assembly in 1948. It is the basis for human rights protection and promotion around the world. Those who drafted the Declaration had very much in mind the extreme human rights violations that had been perpetrated during World War II and the preceding years. The United Nations was all about promoting a better world through international co-operation, including in the field of human rights. In adopting the Declaration, the United Nations emphasised the inherent dignity of every person and that recognition of human rights was the basis for freedom, justice and peace. It called on governments and individuals to promote respect for human rights through education and government policies.

THE UNITED NATIONS

The Universal Declaration of Human Rights is a powerful and eloquent statement, setting standards that provide a framework for human rights supporters to call human rights violators to account. In its own words, it is '... a common standard of achievement for all peoples and all nations ...' The rights set out in the Universal Declaration cover not only civil and political rights, which protect individuals from government abuse of power, but also economic, social and cultural rights, which are the basis for adequate standards of living that will ensure human dignity. The existence of the Universal Declaration by itself does not mean that human rights violations do not continue to occur. Some countries are ruled by dictatorships, people are tortured and killed and there is discrimination and vilification. Some individuals are victims of poverty, unemployment, ill health and lack of educational opportunity. Nevertheless there has been much progress since 1948.

ACTIVITY 2 A
Universal Declaration of Human Rights There are 30 Articles of human rights that were developed in 1948. 1. Break into 6 groups and allocated 5 articles for each group to investigate. 2. They must read the article and clarify its meaning then write it in modern, clear language that teenagers of today could understand. 3. Compile the list of the 30 new articles. Go to the useful links tab on the weebly site to find the link for the articles.

ACTIVITY THREE
Human Rights Violations Complete the following table. It is expected that you complete three violations.
What are some of the violations of human rights that occur around the world today? Refer to the Universal Declaration of Human Rights to answer this question. http://www.un.org/en/documents/udhr/
Human Right e.g. Freedom of movement Violation Construction of ghettos for housing of groups that allowed no movement in or out of the ghettos in South Africa during apartheid.

ACTIVITY FOUR

Brainstorm any laws in Australia that enact the human rights set out from the UN. Can you think of at least 10?

Are there any human rights which Australia is not following?

Note you can look at the 30 articles to help.

HUMAN RIGHTS IN AUSTRALIA

The Australian Government has the responsibility for ensuring Australia's observance of internationally-recognised human rights. However, state governments have the responsibility to make and administer many of the laws that are relevant to human rights observance. These include laws relating to the administration of justice, land matters, health and education issues, among others.

HUMAN RIGHTS IN AUSTRALIA

It is the Australian Government that decides whether or not to take on obligations to observe international human rights standards. But the fact that the Government agrees to observe international standards does not make those standards legally enforceable within Australia. This requires specific Australian legislation. Without such legislation there is no legal way within the Australian court system to ensure that the rights in any international human rights treaty will take precedence over any state or territory legislation that is inconsistent with the treaty. What does this mean?

HUMAN RIGHTS IN AUSTRALIA

The main human rights treaties that have been specifically incorporated into domestic Australian law are: International Convention on the Elimination of All Forms of Racial Discrimination = Racial Discrimination Act 1975 (Cth) (RDA) Convention on the Elimination of All Forms of Discrimination Against Women = Sex Discrimination Act 1984 (Cth) (SDA) Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment = Crimes (Torture) Act 1988 (Cth)

HUMAN RIGHTS IN AUSTRALIA

Australia has historically been an active participant in the development of international human rights standards. As new international standards have been developed, Australia has either endorsed nonbinding instruments, such as the Universal Declaration of Human Rights, or has ratified binding legal instruments such as the Covenants on Civil and Political, and on Economic, Social and Cultural Rights. Australia has also ratified some of the mechanisms that give individuals the right to complain to United Nations bodies about violations of their rights.

HUMAN RIGHTS IN AUSTRALIA

The legal protection of human rights in Australia depends on a combination of the common law and statute. Where rights are not included in legislation, they may be more difficult to enforce. Political or economic interests may be given priority over human rights. And it is always open to governments to pass new legislation either to override the common law or to vary existing legislation that provides for human rights.

ACTIVITY FIVE - RESEARCH

Many issues associated with human rights have been in the national news lately. Issues to do with equality in the face of race, sex, age or disability differences come up frequently in Australian society. Issues to do with political freedoms and the right to speak out about matters have featured in Australian news coverage for many years. In groups, identify some of the human rights issues that are in the news currently being reported. You may like to refer to newspapers or magazines, or think about TV and radio news stories you have seen/heard in the last few weeks. Use online resources such as www.theaustralian.com.au or www.couriermail.com.au to help.

ACTIVITY FIVE - RESEARCH

1. 2. 3. 4. 5.

You must find/research two issues. For each you must provide the following information. Issue involved: Rights involved: Your view on the issue: List of Stakeholders (group affected by the issue): Brief outline of the resource used:

THE INTERNATIONAL COURT OF JUSTICE (ICJ)

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN). This is, it is the place were court hearings take place and judges make decisions based on evidence presented. It was established in June 1945 by the Charter of the United Nations and began work in April 1946. The seat of the Court is at the Peace Palace in The Hague (Netherlands). Can you find this on a map?

THE INTERNATIONAL COURT OF JUSTICE (ICJ)

The Courts role is to settle, in accordance with international law, legal disputes submitted to it by member countries governments and to give advisory opinions on legal questions referred to it by authorized United Nations organs (other areas of the UN eg Human Rights or Humanitarian sections) and specialized agencies. The Court is composed of 15 judges (each from a different region of the world), who are elected for terms of office of nine years by the United Nations General Assembly and the Security Council. Its official languages are English and French.

THE INTERNATIONAL COURT OF JUSTICE (ICJ)

The

International Court of Justice acts as a world court. The Court has a dual jurisdiction: 1. it decides, in accordance with international law, disputes of a legal nature that are submitted to it by States (jurisdiction in contentious cases); and 2. it gives advisory opinions on legal questions at the request of the organs of the United Nations or specialized agencies authorized to make such a request (advisory jurisdiction).

THE INTERNATIONAL COURT OF JUSTICE (ICJ)

1.

2. 3. 4.

In other words it can rule on: Breaches in treaties and agreements between member countries Questions of international law The interpretation of treaties The nature or extent of reparations to be made for breach of an international obligation. The main Criticism of the ICJ is that the decisions are not legally binding, which means that countries do not have to follow their decisions as state sovereignty is a fundamental right of nations under the UN charter. Do you think that the decisions should be legally binding on the countries?

THE INTERNATIONAL COURT OF JUSTICE (ICJ)

1.

2.

3.

Example Cases: In 1949 the UK took Norway to the International Court over fishing rights. The court ruled that Norway was within its rights to reserve certain fishing grounds for its own boats. In 1971, the court ruled that South Africa must cease its occupation of the territory of Namibia and leave. They did not follow the ruling. In 1979, the US embassy was seized in Tehran, Iran. Staff were taken hostage and the US government appealed for their release at the ICJ. The court found that Iran was violating international law, but the hostages were not released for many months.

THE INTERNATIONAL COURT OF JUSTICE (ICJ)

4.

Example cases cont The 1974 Nuclear Tests case. Australia and NZ jointly launched a case against France in the ICJ. In the early 1970s France conducted nuclear test on the island of Mururoa and Fangataufa. They weapons were buried in the lagoons and detonated. If an accident occurred it would lead to nuclear contamination of the South Pacific Ocean. When negotiated failed between governments, Aus and NZ took it to the ICJ as we had signed a Nuclear Test Ban Treaty at the UN. At the beginning of the case, France declared that it would not recognise the decision made by the ICJ and therefore withdrew from the case. So even though Aus and NZ presented its case, there was nothing that the ICJ could do to make or force a ruling.

THE INTERNATIONAL COURT OF JUSTICE (ICJ)

ICJ

Contentious Cases

Advisory Proceedings

THE INTERNATIONAL COURT OF JUSTICE (ICJ)

Contentious cases Only Member States may be parties to contentious cases. The Court is competent to hear a dispute only if the States concerned have:
Entered into a special agreement to submit the dispute to the Court; OR Both entered into a treaty and one member believes that another member is not adhering to that treaty The sources of law that the Court must apply are: international treaties and conventions in force; international custom; the general principles of law; and judicial decisions and the teachings of the most highly qualified publicists.

THE INTERNATIONAL COURT OF JUSTICE (ICJ)

Advisory proceedings
Advisory proceedings before the Court are open solely to five organs of the United Nations and to 16 specialized agencies of the United Nations family. The United Nations General Assembly and Security Council may request advisory opinions on any legal question. Other United Nations organs and specialized agencies which have been authorized to seek advisory opinions can only do so with respect to legal questions arising within the scope of their activities. When it receives a request for an advisory opinion, the Court, in order that it may give its opinion with full knowledge of the facts, is empowered to hold written and oral proceedings, certain aspects of which recall the proceedings in contentious cases. In theory, the Court may do without such proceedings, but it has never dispensed with them entirely.

THE INTERNATIONAL COURT OF JUSTICE (ICJ)

Write a paragraph, in your own words, that explains the ICJ and differentiated between their role in contentious cases and advisory proceedings.

THE NUREMBURG TRIALS

The International Court of Justice has no jurisdiction to try individuals accused of war crimes or crimes against humanity. As it is not a criminal court, it does not have a prosecutor able to initiate proceedings. So national courts were set up to deal with this and are supported/controlled by the UN. The are usually called ad hoc as they are not permanent tribunals. The first war crimes case was held in Nuremberg, Germany, in 1945.

THE NUREMBURG TRIALS

In total 22 former leaders of the Nazi Party, the German defence forces and the German government were tried for four categories of crimes said to have been committed during WWII. The charges were:
1. 2.

3.

4.

Conspiracy to wage aggressive war ie planning the war before it began Crimes against peace ie Nazi Germany invaded peaceful countries which violated treaties that Germany had signed War crimes- ie this related to specific crimes committed eg the treatment of prisoners and the use of slave labour Crimes against humanity ie this related to the treatment of civilians during the war eg the inmates at the concentration camps

THE NUREMBURG TRIALS

THE NUREMBURG TRIALS

The trials were heard by a special panel of 3 judges from the US, UK and the Soviet Union. Each country also provided prosecutors and each defendant (22 of them) was provided with a defence lawyer. 12 were found guilty of all or some of the charges and sentenced to death. 7 were found guilty of all or some of the charges and were sentenced to prison terms 3 were found not guilty and were released. These trials set an important precedent, as prior to this, crimes that were committed during war were excused as bad things happen during war.

THE NUREMBURG TRIALS

The most famous to be on trial was Herman Goering, a high ranking officer under Hitler. He was chief of the Gestapo (the secret police), he stole treasures as they conquered European countries and he helped to plan the final solution, which lead to the Holocaust (the genocide of the Jews in Europe). At the trial he said that he was just following orders from Hitler. He was found guilty and sentence to death but committed suicide prior to his execution.

OTHER COURTS

1.

2.

3.

The national courts for war crimes and crimes against humanity the ad hoc criminal tribunals established by the United Nations (such as the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR)) or in co-operation with it (such as the Special Court for Sierra Leone)), and The International Criminal Court, set up under the Rome Statute. Now permanently at the Hague.

OTHER COURTS

1.

Other International Courts and Tribunals

The European Court of Justice (the seat of which is in Luxembourg), whose role is to interpret European Community legislation uniformly and rule on its validity, as well as from The European Court of Human Rights (in Strasbourg, France) and The Inter-American Court of Human Rights (in San Jos, Costa Rica), which deal with allegations of violations of the human rights conventions under which they were set up. As well as applications from States, those three courts can entertain applications from individuals, which is not possible for the International Court of Justice. The International Tribunal for the Law of the Sea (ITLOS) The Special Tribunal for Lebanon established to try all those who are allegedly responsible for the attack of 14 February 2005 in Beirut that killed the former Lebanese Prime Minister Rafiq Hariri and 22 others. Extraordinary Chambers in the Courts of Cambodia established in 1997. The government requested the United Nations (UN) to assist in establishing a trial to prosecute the senior leaders of the Khmer Rouge. They created a court to try serious crimes committed during the Khmer Rouge regime 1975-1979.

2. 3.

4. 5.

6.

ACTIVITY

In groups of 3, you are to investigate one of national courts. Your teacher will assign you one of the courts that was set up to deal with world issues to investigate. You must find out what issue they are dealing/dealt with. You may need to extend your research further than the court system to find out more general background information. (eg what happened in Rwanda for this court to be established) Are there are findings/decision made in relation to the issue. You will be required to share your findings with the class. A simple way may be; who, what, where, when, why, how.

COMPARING INTERNATIONAL LAWS

Throughout the world, laws differ even when the UDHR exists, as there are different interpretations of these principles. There are many philosophical or cultural differences on many issues.

Are there any laws that you know of from around the world that are different to those in Australia?

COMPARING INTERNATIONAL LAWS

BUSINESSES AND INTERNATIONAL LAWS

We all participate in the business world in our everyday lives. Just by living in our homes, going to work, driving our cars, using public transport, going to the shops, parks, beaches or schools or going to hospitals we interact directly or indirectly with the goings on of the business community. And those interactions bring human rights into play. Whether we are employees or employers; consumers, wholesalers or retailers; service users or providers; business purchasers or business suppliers, human rights issues are raised.

BUSINESSES AND INTERNATIONAL LAWS

A companys operations can have an impact, positive or negative, on the human rights of a broad set of people, including employees, customers, suppliers and their employees, business partners, and communities in which a company operates. In fact, there are hardly any human rights that are not relevant to business.

BUSINESSES AND INTERNATIONAL LAWS

1.

2.

3.

Australian companies operating in different countries and sectors may impact on different rights, however these are some of the most common business-related human rights impacts: Impact on fair working conditions Australian employers can impact a range of employment rights including the right to fair working conditions such as fair payment of wages and reasonable working hours; and the right to a safe and secure workplace including protection from harassment and bullying. Impact on equality and dignity Business can impact the right to equality and non-discrimination in the workplace particularly as it concerns women, people with disability, people of culturally and linguistically diverse backgrounds, Indigenous peoples, the elderly, and people of diverse sexuality. This applies to employees and also to people accessing goods and services. Impact on peoples health, life and security Businesses can have an impact on peoples right to health and have a responsibility to provide safe and secure worksites and places of business; prevent and redress industrial accidents, spillages or contamination; and to ensure the appropriate use of water, land and air.

BUSINESSES AND INTERNATIONAL LAWS

4.

5.

6.

Impact on housing and standards of living Business need to respect the right to housing and an adequate standard by assessing their impact on housing, land, water, farming and employment needs of the local community in which they operate. Impact on Indigenous peoples, land and culture The rights of Australias Indigenous peoples can be impacted through how businesses develop or use land or otherwise affect the enjoyment of cultural practices. To the extent that Australian companies operate overseas, the rights of other Indigenous peoples may also be affected. Human rights impacts in the supply chain As possible purchasers of materials and products from the global economy, the business community has the responsibility to ensure that it does not contribute to or is otherwise directly linked to human rights abuses in their supply chains like child labour, slavery, trafficking, unfair wages or unacceptably poor working conditions.

BUSINESSES AND INTERNATIONAL LAWS

A range of Australian laws currently require companies to comply with human rights standards. While these laws are not always framed in human rights language, the standards they stipulate are in fact based on Australias international human rights obligations. Examples include:

Laws prohibiting discrimination and harassment in the workplace and laws requiring employers to provide equal employment opportunities. Such laws address the rights to equality and nondiscrimination, which are set out in various international human rights treaties including the International Covenant on Civil and Political Rights. Laws regulating conditions of work. For example, occupational health and safety, terms and conditions of employment, minimum wage, collective bargaining, and prohibition of child labour and forced labour. Such laws address a range of labour rights, which are contained in various instruments adopted by the International Labour Organization (ILO) and in major international human rights treaties.

BUSINESSES AND INTERNATIONAL LAWS

Laws regarding Native Title. Such laws address economic, social and cultural rights including property rights, which are set out in various international human rights treaties or declarations including the International Covenant on Economic, Social and Cultural Rights and the Declaration on the Rights of Indigenous Peoples. Laws imposing liability on companies for certain acts which impact on human rights, such as bribery of foreign officials or complicity in gross human rights abuses such as war crimes, genocide or crimes against humanity even if they occur overseas. Such laws are based on standards contained in a range of international instruments, for example the United Nations Convention against Corruption and the Rome Statute of the International Criminal Court.

However, an Australian company that complies with Australian laws (or the local laws of a country in which the company operates), does not necessarily satisfy all its responsibilities to respect human rights. In some cases, businesses need to go beyond domestic laws if they do not reach the level, or cases conflict with, international human rights standards.

BUSINESSES AND INTERNATIONAL LAWS

BUSINESSES AND INTERNATIONAL LAWS

STAKEHOLDERS
The Food and Agriculture Organisation The international labour organisation Unesco Unicef WHO Check page 31 of United Nations and Global Issues also use book a united world?