Legal Studies Full Course Study Notes

ENVIRONMENT Soft law- not binding Hard law- binding Stewardship- protect your environment Treaties- most successful international hard law ICJ- jurisdiction: nominated in agreement OR both parties agree. Disputes of noncompliance. 15 judges. International Customary Law- traditional practice that doesn’t conflict with international law eg. Transboarder pollution practices UN- 1945. States sign charter. Initially world peace, now agencies develop and sponsor environmental law. UN Environmental Program- review environment. State and advice NGOs- Non legal. Voluntary groups w/ common interests. No govt funding. UN sees as a consultative body. Increase public awareness and pressure. Media- non legal. Communicate. Mass consumption v Inform Codification- Formalization and documentation of customary law NSW POWERS Environmental Protection Authority (EPA)- Enforcer. Licensing. Prosecute and direct public authorities. Heritage Council- Heritage Act. Environmental Planning and Assessment Act. Conservation orders and refer offenders to Land and Environmental Court Land and Environmental Court- Jurisdiction: environment and references by EPA. Appelate. Part of department of environment and conservation. Protection of the Environmental Policies (PEPs)- protection policies to decrease pollution through guidelines and protocols etc. EPA ensures they are maintained. Integrated environment protection licensing- PEP = licsnse. License conditions- monitor, audit program, reduction program, management of waste and resources. License term- reviewed every 5 years. Valid unless revoked, suspended or surrendered. INTERNATIONAL STOCKHOLM CONFERENCE ‘72 - guidelines for resource management - est. UNEP (environ program) +stepping stone. Catalyst. Many issues. Showed need for changes -Vague, no clauses, soft law. RIO CONFERENCE ‘92 1) Agenda 21- human caused degradation and est. commission on sustainable development 2) UN Convention on Biodiversity- Protect flora and Fauna 3) UN Framework convention on Climate change- Greenhouse gasses 4) UN Declaration on Environment and development- sustainable development

JOHANNESBURG ‘02 - Further Rio’s sustainable development - Increase health and sanitation targets for 10 years MONTREAL PROTOCOL ‘89 -Decrease Greenhouse “Single most successful” – kofi annan. Was what Sparked Rio. KYOTO PROTOCOL -Aus signed not ratified. Big players not taking part, can’t enforce to non-compliers. -Consessions = ineffective Murphyores v Commonwealth Section 51 of constitution = international agreements = environmental protection -High court on board = institutions are aligning w/concerns CRIME CRIMES ON INDIVIDUAL Homicide- unlawful killing (war and self defense is allowed) 1) Murder- deliberate or indifference to life 2) Manslaughter- killed but w/ defense Involuntary- negligence Voluntary- mitigating circumstances Constructive- during crime 3) Infanticide- 2 people plan)

Victimless- no victim but affect society. COURTS Local- Summary. Magistrate (your worship). No jury. Inquisitorial. Committal hearings – prima facie. DPP gather evidence, take to district? Childrens- All Politics +Increase policies +Educative function +Increased tolerance -Rights are already protected -Politicises the judiciary -Litigation = costs -Decreased parliamentary sovereignty -Limit our rights to those in the Bill -Rights are not freedoms -Not flexible enough to change w/change in perceptions *The UN UDHR = 1st International agreement on basic rights *Free speech is in the constitution as a democracy = free speech

*Geneva Conventions and additional protocols have a lot of International Humanitarian law *The Magna Carta curtailed the power of the King and gave specific rights to nobility and free man Current Context Issues Trial by Media Chamberland and Haneef = selective leaking Decreased justice due to sensationalism – run with interesting stories rather than truth Defamation = prejudice Theoretically: Increased awareness w/media = effective justice Media = middle man: increase deterrence, knowledge of rights etc. Media = pressure to deliver justice (parliament setting laws, enforcement and judge decisions in a trial) Media = lobbyist: representation of what society values Mandatory Sentencing (eg 3rd charge found guilty in = jail) Blurs distinction between parliament (legislature) and courts (judicial) as law = less interpretation involved in courts at the quota. 17 y.o stole teatowel in NT as his last crime and then committed suicide Increased justice in the community: repeat offenders are taken out of the community at the expense of justice for the individual Majority Verdict 11-1 = accepted ruling = resource efficient – less retrials due to one dissenting person (dealing w/rogue jurer) Increased justice for society but less rights for the accused AntiTerror Law Right is at stake: Hedius Corpus- can’t be held w/out charge “Better safe than sorry” Howard = contradict presumption of innocence Increased powers of surveillance etc. Prohibitted evidence to magistrate but not defence = unjust Death Penalty Acted as a deterrent initially, but people get used to the idea and crimes don’t stop Ethical dilemma- UDHR says Death penalty is wrong Right to life, free of hanus punishment

Other INTERNATIONAL and DOMESTIC CRIME ACTS

Crimes (Child Sex Tourism) amendment act 1994 Stop Australian males going to SE Asia to commit sexual acts with underaged children = controls Australians outside Australian jurisdiction Terrorism Act 2002 Answer to Sept. 11 2001 Anti-Terrorism Act 2005 Like 2002 act, increase police powers and ASIO investigative powers Proceeds of Crime Act 1987 Stop money laundering and drag trafficking and seize assets that may have been bought by crime. Crimes Amendment Act 1989 Computer crime. Keep up w/technology Migration Amendment Act 2002 Decrease people smuggling. Increase sentences = deterrence Seabed Treaty Decrease nuclear testing on the seabed Drug Trafficking Act 1974 Decrease import of drugs Law Reforms Victims Rights Act 1996 Impact statements Crimes (serious sex offenders) Act 2006 Extend detention for prisoner whose term is up. Increased community justice. Decreased individual rights. Therefore, must rehabilitate and show remorse Copyright Amendment Act 2006 Decriminalising copying music to i-pod. Personal use = ok. Responded to unenforceability of previous law

Environmental Law Reform

Treaties – Conventions – International Bodies – Jus Cogens – Role of Lobbyists (Media, NGOs) – Govt. bodies and LRCs Treaties and Conventions = est. new directions and policies. Catalyst for change International bodies = UN, UNEP, IWC, APEC Jus Cogens = New law for new philosophy Lobbyists = awareness Govt. bodies = EPA, Parliament, ALRC, Courts Ozone Protection Act 1986 Antarctic Treaty Environment Protection Act 1980 Protection of the Environment Operations Act 1997 Australian concerns- Water, Forests, CO2 emissions International concerns- Global warming, Whaling, Ozone