Legal Studies Essay Help (1 Viewer)

[captainpigs]

If anyone wants to post essay questions or anything they are having trouble with I'm happy to give some advice

 

[SharkeyBoy]

What's the difference between ratifying an international treaty and enacting it into domestic legislation? Are they the same? or is enacting it just taking it one step further? Thanks

 

[raaachelwinter]

Okay so I just got an assignment and basically we have to choose a contemporary issue and describe how both legal and non-legal actions are used to deal with the issue
I was thinking of doing it on the truth-in-sentencing act, but I don't know if I could do it or how hard it would be. What are your thoughts?

 

[raaachelwinter]

Because of state sovereignty not obeying an international treaty doesn't result in any consequences. But if it is enacted into domestic legislation the country and population have to follow it

 

[captainpigs]

Hey SharkeyBoy,

ratifying an international treaty and enacting it into domestic legislation are not the same.
The best way to describe what a treaty is I've found is this "It has also been observed that ‘(t)reaties are landmarks which guide nations in their relations with each other. They express intentions, promises and normally appear to contain reciprocal advantages. Treaties represent attempts to reduce the measure of uncertainty inherent in the conduct of international affairs"
Enacting it into domestic legislation is as you said taking it one step further in making it law for everyone and something that is enforceable to all people immediately.

An example that I can think of is the Convention on the Elimination of Discrimination Against Women (CEDAW) which gives effect to Australia's obligations under the Convention on the Elimination of All Forms of Discrimination Against Women and certain aspects of the International Labour Organisation (ILO) Convention 156.

As quoted Its major objectives are to

"promote equality between men and women
eliminate discrimination on the basis of sex, marital status or pregnancy and, with respect to dismissals, family responsibilities, and
eliminate sexual harassment at work, in educational institutions, in the provision of goods and services, in the provision of accommodation and the delivery of Commonwealth programs."

If your looking for more information this is a good website to have a read from
http://australianpolitics.com/1995/09/04/international-treaties-their-impact-on-australia.html

Hope this helps.

 

[captainpigs]

Okay so I just got an assignment and basically we have to choose a contemporary issue and describe how both legal and non-legal actions are used to deal with the issue
I was thinking of doing it on the truth-in-sentencing act, but I don't know if I could do it or how hard it would be. What are your thoughts?

Is this for human rights?

 

[SharkeyBoy]

Hey SharkeyBoy,

ratifying an international treaty and enacting it into domestic legislation are not the same.
The best way to describe what a treaty is I've found is this "It has also been observed that ‘(t)reaties are landmarks which guide nations in their relations with each other. They express intentions, promises and normally appear to contain reciprocal advantages. Treaties represent attempts to reduce the measure of uncertainty inherent in the conduct of international affairs"
Enacting it into domestic legislation is as you said taking it one step further in making it law for everyone and something that is enforceable to all people immediately.

An example that I can think of is the Convention on the Elimination of Discrimination Against Women (CEDAW) which gives effect to Australia's obligations under the Convention on the Elimination of All Forms of Discrimination Against Women and certain aspects of the International Labour Organisation (ILO) Convention 156.

As quoted Its major objectives are to

"promote equality between men and women
eliminate discrimination on the basis of sex, marital status or pregnancy and, with respect to dismissals, family responsibilities, and
eliminate sexual harassment at work, in educational institutions, in the provision of goods and services, in the provision of accommodation and the delivery of Commonwealth programs."

If your looking for more information this is a good website to have a read from
http://australianpolitics.com/1995/09/04/international-treaties-their-impact-on-australia.html

Hope this helps.

Thanks soo much mate, I just needed clarification on the subject
+ 1

 

[captainpigs]

Thanks soo much mate, I just needed clarification on the subject
+ 1

btw sorry i meant to say Sex Discrimination Act 1984 (Cth) which gives effect to Australia's obligations under the Convention on the Elimination of All Forms of Discrimination Against Women and certain aspects of the International Labour Organisation (ILO) Convention 156.

 

[Examine]

Hey SharkeyBoy,

ratifying an international treaty and enacting it into domestic legislation are not the same.
The best way to describe what a treaty is I've found is this "It has also been observed that ‘(t)reaties are landmarks which guide nations in their relations with each other. They express intentions, promises and normally appear to contain reciprocal advantages. Treaties represent attempts to reduce the measure of uncertainty inherent in the conduct of international affairs"
Enacting it into domestic legislation is as you said taking it one step further in making it law for everyone and something that is enforceable to all people immediately.

An example that I can think of is the Convention on the Elimination of Discrimination Against Women (CEDAW) which gives effect to Australia's obligations under the Convention on the Elimination of All Forms of Discrimination Against Women and certain aspects of the International Labour Organisation (ILO) Convention 156.

As quoted Its major objectives are to

"promote equality between men and women
eliminate discrimination on the basis of sex, marital status or pregnancy and, with respect to dismissals, family responsibilities, and
eliminate sexual harassment at work, in educational institutions, in the provision of goods and services, in the provision of accommodation and the delivery of Commonwealth programs."

If your looking for more information this is a good website to have a read from
http://australianpolitics.com/1995/09/04/international-treaties-their-impact-on-australia.html

Hope this helps.

Just to add onto this there are some countries that deem treaties enforceable once they are ratified and they run under a monist system. (e.g. France)
Countries like Australia and the UK are dualist systems and as captainpigs said this means treaties aren't enforceable until they have been enacted into domestic legislation.

 

[Examine]

Is this for human rights?

I think that is prelims content.

 

[SharkeyBoy]

Just to add onto this there are some countries that deem treaties enforceable once they are ratified and they run under a monist system. (e.g. France)
Countries like Australia and the UK are dualist systems and as captainpigs said this means treaties aren't enforceable until they have been enacted into domestic legislation.

Cheers for that