When are disputes over the human rights of an individual within Australia best protected by international treaties?
(A) When the High Court hears the dispute after the Commonwealth Government has ratified the treaty
(B) When the High Court hears the dispute after Australia has voted for the treaty in the United Nations
(C) When the International Court of Justice hears the dispute between the Australian Government and the individual
(D) When the High Court hears the dispute after the Commonwealth Parliament has incorporated the treaty into our domestic law - HSC - SSCE Legal Studies - Question 6 - 2004 - Paper 1
Question 6
When are disputes over the human rights of an individual within Australia best protected by international treaties?
(A) When the High Court hears the dispute after ... show full transcript
Worked Solution & Example Answer:When are disputes over the human rights of an individual within Australia best protected by international treaties?
(A) When the High Court hears the dispute after the Commonwealth Government has ratified the treaty
(B) When the High Court hears the dispute after Australia has voted for the treaty in the United Nations
(C) When the International Court of Justice hears the dispute between the Australian Government and the individual
(D) When the High Court hears the dispute after the Commonwealth Parliament has incorporated the treaty into our domestic law - HSC - SSCE Legal Studies - Question 6 - 2004 - Paper 1
Step 1
When the High Court hears the dispute after the Commonwealth Government has ratified the treaty
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Answer
Ratification is an essential step for the implementation of international treaties within domestic law, but does not give individuals direct legal recourse.
Step 2
When the High Court hears the dispute after Australia has voted for the treaty in the United Nations
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Answer
Voting in the UN does not create obligations within domestic law and does not ensure individual protection.
Step 3
When the International Court of Justice hears the dispute between the Australian Government and the individual
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Answer
The International Court of Justice addresses disputes between states, not between states and individuals, making this option incorrect.
Step 4
When the High Court hears the dispute after the Commonwealth Parliament has incorporated the treaty into our domestic law
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Answer
This is the correct scenario, as incorporation by law allows individuals to have enforceable rights under the treaty in domestic courts.
