i dunno if this is right.. i'm just typing a heap of info..
lol
Domestic Law & International Law
In Australia, the domestic legal system is composed of the legislatures, executives and judiciaries of the Australian states and territories and of the federal goverment.
The purpose of domestic law is to regulate society within the borders of a nation.
The purpose of international law is to enable nation states to maintain peaceful and productive relationships and to enable citizens of different nation states to conduct business and personal affairs with each other.
Domestic Law
Constitutional basis: Australia's legal system is based on the Australian & State Constitutions. These establishes the systems of law and some universal right for citizens.
How laws are made: Through statute law, common law & delegated legislation.
Customary Law: In Australia, Aboriginal and Torres Strait Islander customary law has become increasingly recognised. This takes place within the framework of domestic law.
Organisation: Federal & State Parliments, local goverment & Court hierarchy.
Dispute Resolution: Through the criminal and civil, federal and state court systems. Alternate Forms of dispute resolution include negotiation, mediation, arbitration and specialist tribunals.
Basis of enforcement: The basis of law is enforcement and obedience. law must be abided by others or otherwise punishments will be imposed
Enforcement procedures and punishments: Enforcements is through the police, private prouutions, citizen's arrest and goverment officals. Punishment include fines, criminal records and goal sentances. Punishments are enforced.
International Law
Consensual basis: There is no binding constitution upon which law is based. International law relies on agreement between nations
How laws are made: through treaties, conventions, declarations, resolutions of the UN, customary international law, legal decisions & legal writings.
Customary law: Is an importantbasis of international law, and is recognised extensively by nations. It is often included in treaties and conventions.
Organisations: The United Nations, seperate treaties between countries, regional organisations such as the European Union.
Dispute Resolutions: The International court of Justice and diplomatic negotiation, such as conferences and diplomatic channels. Mediation and conciliation using the UN, a nuteral nation or a respected mediator when a treaty is broken.
Basis of Enforcement: It is possible to enforce international law, but no sovereign state can be forced to obey a law. Obedience of international law by nations is based on the ideas of reciprocity, which means nations obey the law because they want other nations to do the same, and legal responsibility, which means nations want to be seen as law abiding by other nations
Enforcement procedures and punishment: Enforcement is throught the UN, dispute-resolution mechanisms and the Security council. Punishments include the use of economic and the Security Council. Punishments include loss of legal rights and privileges. Peacekeeping forces can also be sent to area of conflict
LOL HOPE THIS HELPS!
