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16. (a) Distinguish between domestic law and international law - HSC - SSCE Legal Studies - Question 16 - 2001 - Paper 1
Question 16
16. (a) Distinguish between domestic law and international law. Domestic law refers to rules and regulations that are enacted and enforced within a specific nation-... show full transcript
Worked Solution & Example Answer:16. (a) Distinguish between domestic law and international law - HSC - SSCE Legal Studies - Question 16 - 2001 - Paper 1
Step 1
Distinguish between domestic law and international law.
Answer
Domestic law refers to rules and regulations that are enacted and enforced within a specific nation-state, holding immediate authority over its citizens. These laws are enforceable by domestic authorities like police and courts.
International law, in contrast, governs the relationships between nations and is primarily established through treaties, conventions, and agreements. It often lacks direct enforcement mechanisms and relies on the consent of sovereign states, leading to issues of non-enforcement.
Step 2
Using ONE specific example of an international human rights issue, outline how domestic law has responded to this issue.
Answer
One notable example of an international human rights issue is gender discrimination. The United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) has prompted many countries to amend their domestic laws to eliminate gender discrimination.
For instance, many nations have introduced legislation to promote women's rights in areas such as employment, education, and healthcare, thereby aligning their domestic laws with international human rights standards.
Step 3
Define a Bill of Rights and explain ONE benefit and ONE limitation of a Bill of Rights in protecting human rights.
Answer
A Bill of Rights is a formal declaration of the rights and freedoms that are guaranteed to individuals by law. One significant benefit of a Bill of Rights is that it provides a clear framework for protecting individual rights, allowing citizens to understand their entitlements.
However, a limitation of a Bill of Rights is that it may not be exhaustive; certain rights could be overlooked or inadequately protected, leaving gaps that could be exploited.