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Law

Question:
Critically discuss the treatment of international law within the Australian domestic sphere. In your answer, you should address at least two of the following issues:
a. Australia’s treatment of asylum seekers,
b. Australia’s shifting attitude towards international treaty monitoring bodies,
c. The relationship between international human rights laws and domestic bills of rights,
d. Questions over the legality of the war in Iraq.

The Australian government is inconsistent with its treatment of international law. The government generally adheres to uncontroversial international laws and customs where they are compliant out of necessity. However, the government is only willing to adhere to controversial international law if the relevant international laws are agreeable to its domestic policy. Australia’s shifting adherence to international laws that concern the Iraq war and the treatment of asylum seekers highlight how domestic policy takes greater priority than international law in the Australian domestic sphere. In this essay I will discuss the international laws that deal with the controversial matter of the treatment of asylum seekers and the extent to which these laws influence Australia’s treatment of their issues. I will then discuss the international laws that deal with the legality of the Iraq war and relate Australia’s treatment of that issue to Australia’s domestic policy.  

The international law governing the treatment of asylum seekers is detailed by the Refugee Convention 1951 to which Australia is a party. Other treaties and conventions apply. Examples are the International Convention of Civil and Political Rights and guidelines set by the UN High Commissioner for Refugees.
The Migration Act is the domestic law which governs the treatment of asylum seekers.