Law Reform

Agencies of Law reform Parliament Law Reform Commissions Courts

Parliament Can make proposals to the international community Incorporation of international law into domestic law – The Convention for the Elimination of all Forms of Racial Discrimination This entered Australian law when ratified by the Racial Discrimination Act 1975 (CTH) The European parliament has acquired greater power over time and now its decisions trump those made by national governments when they clash.

Courts Courts can play an important part in reform through their rulings. ICJ (1946) can provide resolutions between nations and provide opinion rulings that set precedent for conduct of nations. ICC (2002) is the body that oversees the enforcement of humanitarian law and human rights. Its future trials of war criminals will contribute to the reform of these areas of law. ECJ can make laws for Europe which override national laws where there is conflict.

Law Reform Commissions International Law Commission set up by the UN in They write reports for the UN and make recommendations for new treaties and conventions. Domestic Law reform commissions can see that international obligations are upheld and conform to the spirit of the international treaty.

Conditions that give rise to the need for law reform Changing social values and composition of society New concepts of justice Failure of existing laws International law and new technology Other developments in the 21 st century

Changing social values and composition of society Until 1807 international trading of slaves was legal and acceptable because society saw nothing wrong with it. Social attitudes changes and it became illegal. Eventually the concept of slavery itself was outlawed. People in the world are more educated and interconnected and have a greater understanding of global issues. World opinion sees the intervention in abuses of human rights eg: Rwanda and Yugoslavia. It also sees humanitarian aid supplied in times of need eg: Boxing Day Tsunami 2004 and Haiti earthquake Previously these may not have been afforded aid from abroad.

New concepts of justice Justice has changed as new nations and agreements between nations have developed. Regional bodies can help promote justice for smaller nations that may previously had no voice.

Failure of existing law Where the law fails it needs to be modified to suit its original purpose and adapt to changing conditions. Relates to copyright laws as an example

International law and new technology Trade – The World Trade Organisation (WTO) is continually trying to resolve disputes around trade between nations that will set precedents for how nations conduct themselves. It is required to deal with issues that arise out of new technology. Internet – Ownership of the internet is becoming contentious as global dependence on it continues. The USA controls key elements of the net and this can unnerve other nations. – The issue of cybercrime is increasing. This can be in the form of fraud, scams, child pornography, theft or racism. When these issues cross borders coordinated international action can be taken.

Weapons – Treaties have been signed to try and limit WMDs Anti-ballistic missile Treaty 1972 USA-USSR Convention on Cluster Munitions 2010 Nuclear non-proliferation Treaty 1968 (not renewed in 2005) – These treaties are not signed by all countries and are not followed by all who sign. This brings into question their effectiveness.

Other factors Terrorism – Since the 11 th September 2001 attacks on the USA terrorism has caused a paranoia that never before existed. Although terrorism is not a new concept technology has allowed it to be more destructive than ever. – Governments around the world have responded with tighter security measures and restrictions on civil rights of their citizens. Anti-Terrorism Act 2005 (CTH) This gave police powers to detain people without charge for up to 14 days. Growth of new global powers – World has had USA as the one superpower but the growth of China, India and other countries developing nuclear weapons capability makes the world less stable. A restructure of the UN may be needed to reflect the power shifts.

Environmental concerns – Global warming is threatening the world. Kyoto Protocol 1997 called on nations to reduce carbon emissions. None reached their targets. The Copenhagen conference 2008 failed to reach any kind of consensus among nations. – Whaling Japan and Scandinavian countries refuse to stop whaling. International whaling conference 2010 did not ban the practice of whaling due to the political representation at the conference. Australia id currently taking Japan to the ICJ to stop whaling in the southern ocean

Social concerns – Disease Threat from global epidemics is increased due to the increased volumes of migration and travel that exists between nations. The SARS epidemic caused upheaval to global travel in Flights were banned from some destinations and people were tested for disease before entering Australia – Poverty children die from poverty each day Poverty is addressed by UNESCO NGOs are most effective at promoting the issue internationally