Sources of australian contemporary law 3
Transcript of Sources of australian contemporary law 3
Sources of Australian Contemporary Law
ATSI Customary LawInternational Law
there was no single system of law between the groups, but there were many common aspects and many groups shared alliances
Aboriginal and Torres Strait Islander law is based on tradition, ritual and socially accepted conduct
for this reason it is known as ‘customary law’
Aboriginal and Torres Strait Islander Customary Law
Ownership of Land◦ possession of land was a key principle in British
law◦ Indigenous cultures considered the land as
sacred that could not be owned by any one person
when the British settled Australia they made a legal claim under international law that the land was terra nullius, meaning land belonging to no one
ATSI Customary Law Today◦ customary law can
sometimes be taken into account when an Indigenous Australian is charged with a crime
◦ Indigenous elders can sometimes be consulted by those maintaining or enforcing the law
Should ATSI customary law be incorporated into the Australian Legal System?◦ Is it fair?◦ Should everyone be treated by the law equally?
Discussion Point
international law governs the relationship between countries (known as states or ‘nation-states’)
one of the main criticisms of international law is that it lacks enforcement
International Law
Customary International Law ◦ not a written document, it is based on traditions
and customs
Treaties the most common source of international law international agreements are written and binding
on the countries that sign and ratify them they can be bilateral or multilateral
The United Nations◦ 192 members◦ 5 major organs of the UN◦ Most important – General Assembly, Security
Council and International Court of Justice
International Organisations
for international law to become Australian law new legislation is usually required (enacted into domestic law)
State Sovereignty of the Australian Government allows them to agree or decline areas of International Law◦ E.g Kyoto Protocol
Relevance of International Law to Australia