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3. What is meant by the term state sovereignty? What is its relevance to international law?
The concept that all States are in complete and exclusive control of all people and property within
their territory. It has the authority of an independent State to govern itself.
4. In table format, outline the 4 main sources of international law (i.e. customs, treaties, legal
decisions, legal writings).
Source of Explanation
international
law
Treaties and The most common way to establish international law; a legal
declarations
agreement between 2 or more states; they can be bilateral or
multilateral; the more nations that sign a treaty, the more powerful it
becomes; they must be ratified to take effect
Legal writings When the writings of respected international lawyers and judges about
an issue gives rise to the need for a treaty
5. What needs to happen for international law to become part of Australian law?
It must be ratified into domestic law. This requires the national government to enact a law
accepting the terms and conditions of the international law. Only then is the nation obliged to
follow it.
6. What are the two ways that international law can be incorporated into Australian law?
Statute law- international law ratified into domestic law
Common law- precedent is made on the basis of international law
8. Find 2 articles from the last year (2015 or 2016) which relate to international law and its
relevance to Australia. Outline the issue and how it impacted (if at all) on contemporary
Australian law.
Cases on worksheet.