b)- Mechanisms of Change
Outline the limitations the UN has as a mechanism for change.
The UN is limited as a mechanism of change as state sovereignty often presents a challenge to the UN, in its ability to enforce its principles, especially those involving peace and security. The UN cannot force states to incorporate the resolutions of the UN into their domestic law or make them follow a specific path of action. Its role as a mechanism for change depends on the political views of states. In the Security Council of the UN, for example, any country can veto a majority decision.
Identify one area of law reform in Australia where international law has had an impact.
Australian laws that addressed the issue of Privacy rights of children were changed in 1991. This was due to the international convention, CROC (The Convention on the Rights of the Child), which was adopted by the United Nations in November 1989 and signed by Australia in December 1990. Any legislation, policy or practice within Australia that breaches CROC puts Australia in violation of its international obligations, and could result in consequences at a international level. Hence, this is an area where international law has had an impact on Australian law.
Outline the limitations the UN has as a mechanism for change.
The UN is limited as a mechanism of change as state sovereignty often presents a challenge to the UN, in its ability to enforce its principles, especially those involving peace and security. The UN cannot force states to incorporate the resolutions of the UN into their domestic law or make them follow a specific path of action. Its role as a mechanism for change depends on the political views of states. In the Security Council of the UN, for example, any country can veto a majority decision.
Identify one area of law reform in Australia where international law has had an impact.
Australian laws that addressed the issue of Privacy rights of children were changed in 1991. This was due to the international convention, CROC (The Convention on the Rights of the Child), which was adopted by the United Nations in November 1989 and signed by Australia in December 1990. Any legislation, policy or practice within Australia that breaches CROC puts Australia in violation of its international obligations, and could result in consequences at a international level. Hence, this is an area where international law has had an impact on Australian law.