Global Law PASS Week 11

Monism is based on the natural law idea that if all law is a product of human reason then all law forms part of the same universal normative legal order

• True

• False

The idea that international law and domestic law are two separate legal systems and they exist independently of each other. What is this?

• Monism

• Utilitarianism

• Dualism

Incorporation is the approach through which...

• international law becomes law automatically in the State with the need for legislation to transform that law

• international law becomes law automatically in the State without the need for legislation to transform that law

• international law becomes law automatically in the State with the idea for legislation to transform that law

Transformation is the idea that the approach under international law must be transformed into domestic law, so a state must implement legislation to do this

• True

• False

• Sometimes

Incorporation aligns with...

• Dualism

• Monism

• Transformation

Transformation aligns with

• Monism

• Incorporation

• Dualism

Australia has adopted a...

• Dualist and transformation approach in relation to treaties

• Monism and incorporation approach in relation to treaties

• Dualist and incorporation approach in relation to treaties

• Monism and transformation approach in relation to treaties

Which section of the Constitution provides the executive has the power to enter into treaties?

• s 49

• s 82

• s 25

• s 61

What are the reforms from 1996?

• Tabling of treaties

• National Interest Analysis (NIA)

• Joint Standing Committee on Treaties (JSCOT)

• Consultation mechanisms

• Australian Treaties Library

The provisions of an international treaty to which Australia is a party do not form part of Australian law unless those provisions have been validly incorporated into our municipal law by statute (Teoh's case)

• True

• False

• Sometimes