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 breaches of international law take place, especially in the areas of human rights, such as how Australia is not fulfilling its obligations, e. g. “Time for rethink on asylum seeker treatment” (SMH, 11/04/2013) Australian government has not practiced the requirements needed to maintain the fundamental human rights treaty for asylum seekers, within the Australian domestic law.

Australia have certainly failed to balance their law under the international law and are essentially required to revise their practices of both human rights standards and to ensure that they do not cause further harm to people, fleeing of desperate conditions. Australia has signed many of the international conventions, such as the ICCPR, CAT and the ICESCR. According to “Labor risks creating ‘underclass’ in Australia with new rules for asylum seekers: Cameron” (SMH, 22/11/2012) Labor senator Doug Cameron assumes that Julia Gillard prime minister of Australia has contrived the human rights treaty against asylum seekers rights to stay in Australia and simultaneously working for survival supplements, waiting for their permanent citizenships.

Australia not fulfilling their requirements of the human rights treaty and abandoning the life of asylum seekers, the living conditions and not being treated as any other Australian would be, ''The very people that we're meant to be protecting, are going to be put into the community into a situation where they face limbo without limits, and also the real risk of destitution without work rights,'' he told Sky News (SMH, 22/11/2011). Asylum seeker is a person, who has fled from one country to another, fleeing from desperate conditions. Australia has obligations to protect the human rights convention of asylum seekers. Australia has agreed according to the Refugee Convention, to ensure asylum & refugees are not fled back to a country where their life and freedom is threatened and violated.

This act is called the principle of non-refoulement. Australia has the covenant to keep refugees and asylums under detention centers and not to return, and violate part of the human rights under the International Covenant on Civil and Political Rights (ICCPR), the Convention Against Torture (CAT) and the Convention on the Rights of the Child (CRC). The human rights promotion in Australia is considered as a great responsibility, ensuring economic, social and cultural rights for all. In addition, the influence of international law on Australian domestic law has played a major role especially of the Human Rights convention. Although Australia had violated and not filled their obligations of the rights to asylum seekers, Australia are required to practice their human rights standard to prevent harm to people fleeing of desperate conditions. “It is time for Australia to accept its international obligations and to respect the human rights and human dignity of the people who seek asylum in our country” (SMH, 22/11/2012). View as multi-pages