Civics & Citizenship · Year 9 · Global Citizenship and International Law · Term 3

International Law: Sources & Sovereignty

Students will explore the nature and sources of international law and its relationship with domestic law, including state sovereignty.

• ACARA Content Descriptions
• AC9C9K03

About This Topic

The United Nations (UN) plays a pivotal role in establishing global standards for human rights. For Year 9 students, this topic focuses on the Universal Declaration of Human Rights (UDHR) and how international treaties influence Australian law. Students examine how Australia, as a founding member of the UN, balances its international obligations with its national sovereignty. They look at examples where the UN has critiqued Australian policy, such as in relation to asylum seekers or the rights of First Nations peoples.

This topic aligns with AC9C9K03, exploring Australia's roles and responsibilities in the global community. It encourages students to think about themselves as global citizens with rights and duties that transcend borders. Students grasp this concept faster through structured discussion and peer explanation of how international 'soft law' becomes domestic 'hard law'.

Key Questions

1. Explain the concept of state sovereignty in the context of international law.
2. Compare the enforcement mechanisms of international law with national law.
3. Analyze how international treaties become binding on Australia.

Learning Objectives

• Analyze the primary sources of international law, including treaties, customary international law, and general principles of law.
• Explain the concept of state sovereignty and its implications for a nation's ability to enter into and be bound by international agreements.
• Compare and contrast the enforcement mechanisms of international law with those of domestic legal systems.
• Evaluate how international treaties are incorporated into Australian domestic law, referencing specific legislative processes.
• Critique the balance between Australia's international legal obligations and its national sovereignty in contemporary policy debates.

Before You Start

Year 9: Australia's System of Government and Law

Why: Students need a foundational understanding of how Australia's federal parliament makes laws before exploring how international law interacts with domestic legislation.

Year 8: Australia and the Global Community

Why: Prior exposure to Australia's role in international organizations and global issues provides context for understanding international law and obligations.

Key Vocabulary

State Sovereignty	The supreme authority of a state to govern itself and control its own affairs, free from external interference. In international law, it means states are independent and equal.
Treaty	A formal written agreement between sovereign states or international organizations, governed by international law. Treaties can cover a wide range of subjects, from trade to human rights.
Customary International Law	International law that results from the consistent practice of states in their dealings with each other, accepted as legally binding. It is unwritten and derived from general practice.
Monism vs. Dualism	Two theories on the relationship between international and domestic law. Monism views them as a single legal system, while dualism sees them as separate systems that must be reconciled.
International Comity	The principle by which courts in one country may give effect to the laws and judicial decisions of another country, based on courtesy and mutual respect, not legal obligation.

Watch Out for These Misconceptions

Common Misconception

The UN can force Australia to change its laws.

What to Teach Instead

The UN has no 'world police' to enforce laws; it relies on diplomacy, treaties, and international pressure. A simulation helps students see that Australia must choose to pass its own laws to reflect UN treaties.

Common Misconception

Human rights are only for people in developing countries.

What to Teach Instead

Human rights are universal. Peer discussion about rights in Australia (like the right to protest or privacy) helps students realise these standards apply at home as much as abroad.

Active Learning Ideas

Simulation Game: UN General Assembly

Assign students different countries. They must debate a resolution on a human rights issue (e.g., child labour or climate refugees), trying to reach a consensus while protecting their own nation's interests.

60 min·Whole Class

Gallery Walk: The UDHR in Australia

Display various articles of the UDHR. Students move around the room and find examples of Australian laws that protect these rights (e.g., the Fair Work Act for the right to work) and areas where they are contested.

40 min·Small Groups

Think-Pair-Share: Sovereignty vs Rights

Students discuss: 'Should the UN be able to tell Australia how to run its prisons?' They weigh the importance of national independence against the need for universal human rights standards.

20 min·Pairs

Real-World Connections

• The Australian Department of Foreign Affairs and Trade (DFAT) negotiates and advises the government on international treaties, such as the Trans-Pacific Partnership trade agreement, which then requires domestic legislation to implement.
• International environmental lawyers working for organizations like the UN Environment Programme (UNEP) or non-governmental organizations (NGOs) such as the Australian Marine Conservation Society use international environmental law to advocate for policy changes regarding climate change or marine protection.
• The High Court of Australia considers international law principles when interpreting domestic legislation, particularly in areas like human rights or administrative law, influencing court decisions on refugee claims or government actions.

Assessment Ideas

Discussion Prompt

Pose the question: 'Imagine Australia signs a treaty requiring all citizens to pay a new global tax. Should this treaty automatically become Australian law, or should Parliament pass a new law? Explain your reasoning, referencing state sovereignty and the difference between international and domestic law.'

Quick Check

Provide students with a short scenario: 'Country X and Country Y sign a treaty to share scientific research. Country X's parliament passes a law to implement this treaty. Country Y does not pass a law. Is the treaty binding on Country Y? Why or why not?' Ask students to write a one-sentence answer and one supporting reason.

Exit Ticket

On an exit ticket, ask students to list two sources of international law and briefly explain how one of them can become binding law in Australia. They should also write one sentence defining state sovereignty.

Frequently Asked Questions

What is the Universal Declaration of Human Rights?

Adopted in 1948, it is a milestone document that outlines 30 fundamental rights that should be universally protected for all people, regardless of nationality or background.

How can active learning help students understand the UN?

The UN can seem like a distant, bureaucratic entity. By running a mock General Assembly, students experience the difficulty of international negotiation and the tension between national interest and global good, making the UN's role much clearer.

Does Australia have a Bill of Rights?

No, Australia is the only major Western democracy without a national Bill of Rights. Instead, our rights are protected through the Constitution, common law, and specific Acts of Parliament.

What is a 'treaty'?

A treaty is a formal, legally binding agreement between countries. Once Australia signs and ratifies a treaty, it has an international obligation to uphold its terms.