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  • Essay / International Law Essay - 841

    International law is the universal system of rules and principles concerning the relations between sovereign states and the relations between states and international organizations such as the United Nations. The modern system of international law developed in Europe from the 17th century and is now accepted by all countries in the world. International law concerns the rights and duties of states in their relations with each other and with international organizations, while domestic law is located within a state and concerns the rights and duties of legal entities within the state. This essay will assess the international impact on Australian domestic law. State sovereignty implies the ability of a state to govern its own internal affairs without external interference, while protecting its claim to equality in the society of states. Enshrined in Article 2 of the United Nations Charter, sovereignty constitutes the basis and remains at the heart of all state interaction in the modern world. The nature of international law is very different from national legal structures. Given the impact this has on international human rights, sovereignty does not always become an issue. If human rights violations occur in a particular state governed by laws that protect human rights, victims have recourse to national institutions. Incorporation of international law is the process by which international agreements become part of the domestic law of a sovereign state. A country incorporates a treaty by passing national legislation that gives effect to the treaty in the national legal system. The need for incorporation depends on the national legislation of the country. An example of state sovereignty is that of the Democratic Republic of C...... middle of paper ......mination in the workplace focusing on indigenous peoples, etc. In the late 1970s, the Queensland government claimed the Murray Islands in the Torres Strait as part of Queensland and banned the islanders from using their land and practicing traditional law. In 1982, Eddi Koiki took over the Queensland government to do this. Ultimately, he took this case to the High Court. He claimed that his people had occupied the Murray Islands for a long time and had become too well known as the "Mabo Ruling"; the High Court rejected the notion of terra nullius. The idea of ​​terra nullius was a declaration by the British Parliament in the 19th century that Australia was not inhabited by anyone who could claim ownership of the land. The "Mabo Decision" meant that Aboriginal people could claim Crown land where it could be proven that continued occupation and use had occurred..