International human rights law

the same rights as their parents.” The aim of this paper is to identify and explain how The Australian Legal System does not adequately protect and enforce the rights of children seeking refugee status in Australia. The relevant law to children seeking refugee status in Australia is the Migration Act 1958 (Cth) that states the interests of the child should be the primary consideration. Changes introduced on the 25 September 2014, to the Migration…

In the classic boomerang, a violation against human rights is committed by the state causing internal and external protests to occur, the state is then pressured to succumb to the demands of the people and enact change (Godoy, Feb 07). When applied to the Wells Fargo/Seattle case the boomerang misses the initial step because abuse has yet to happen and the final step because Wells Fargo did not follow the demands of the protestors. In Latin America, the boomerang was a powerful tool used to…

Attitudes towards sovereignty and individual rights tend to be highly polarized. On one side of the spectrum are those who believe that the most emphasized aspect of international law should be the protection of sovereignty while others hope for individual rights to be promoted and protected. International lawyers Kofi Annan and Martti Koskenniemi, offer their contrasting perspectives. Martti Koskenniemi believes that sovereignty since its inception has played a vital role in developing…

has the right to self-defense and the right to equality in international law. In short, the "autonomous self-determination," the highest authority. The concept of sovereignty to enter the field of international law, is derived from Hugo Grotius which a book called< the Law of War and Peace>, he stands in a legal perspective elaborated and demonstrated the principle of sovereignty between countries.(Chun.S,2005,p.5) As the cornerstone of the international law, the principle of state…

any forms of aggression, as human rights is a pivotal factor in the conditions in resort to war. However, this principle has its limit. As signalled by the word ‘last’, it implies that war is the last option when all other conceivable alternatives failed. With the delay in decision making, as pointed out by Brough, Lango and Linden (2007),…

In a complete impartiality of rights and founded on their free consent, states in an agreement process of their will, form juridical procedures by accords or by custom that lead to the international law creation. The creation of the juridical regulation becomes compulsory for all the states. The violation of an international obligation causes international response of the States. In this framework, a State which commits unlawful acts of international perception and whose liability has been…

While the inception of modern public international law heralded a revolutionary shift in law governing relations, the accountability of States, individuals and actors who engage in unlawful international conduct has often been alibied by a horizontal system of law which is unable to enforce consent to cooperate with treaties and charters. Unlike domestic law, which embodies an enforceable judiciary, legislature and executive, International law has no agency or organisation capable of mandatorily…

the story of Babel shows that since a “perfect unity” can’t be reached in this earthly realm it must be a “false unity.” Ultimately, the story of Babel is used by Delsol to show that losing diversity and differentiation, which would be necessary under a universal state, could be detrimental. Delsol argues that diversity is required for the fullness of human nature, but fragmentation of humanity is okay as long as freedom is tolerated. Delsol compares NATO’s actions in Kosovo to the United…

grundnorm is an ordinance that states follow to make contracts between each other (J.G. Rumsey, International Law Lecture 2)(Murphy, 11). The significance of this term is that it helps to establish what states can put down on their treaties, so that they have something to refer to and go off of when making such a contract. 2. Define and explain the significance of pacta sunt servanda. The definition of pact sunt servanda is adhering to the contract states signed to have with each other…

evidence to suggest that average productivity of workers in the global manufacturing industry increases with the cost of labour, (Rodrik, 1997) it is a reality that low-skilled workers in a developing country can produce identical products to low skilled workers in high-income countries at a fraction of the cost, even after transportation costs have been accounted for. However, intense international debate surrounds the use of ‘cheap’ labour forces in developing countries, as currently no…