International Pressures (VCE SSCE Legal Studies): Revision Notes
International pressures
Australia's role in the global community
Australia actively participates in the international community and works with other nations to address global concerns. As a founding member of the United Nations (UN), which was established in 1945 and now includes 193 member states, Australia has committed to maintaining international peace and security, achieving international cooperation, and developing friendly relations among nations.
Australia has also signed several international treaties—legally binding agreements between countries that require nations to follow specific obligations and incorporate them into domestic law. Key treaties include:
- Convention on the Rights of the Child (1989)
- Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment (1984)
When Australia ratifies a treaty, the parliament must pass legislation to formally adopt the rights and responsibilities outlined in that treaty, making them part of Australian law. This process ensures that international obligations become enforceable under domestic law.
What are international pressures?
International pressures are demands or forces applied to parliaments, either from within Australia or internationally, to persuade them to make (or not make) laws addressing matters of international concern.
Over the past 20 years, these pressures have focused on issues such as:
- Preventing terrorist attacks and addressing radical terrorist groups
- Responding to increased cyber-attacks and data theft by foreign entities
- Tackling climate change and reducing greenhouse gas emissions
- Protecting vulnerable or minority groups (asylum seekers, First Peoples, young people, LGBTQIA+ community)
- Raising the age of criminal responsibility
- Addressing global pandemics, natural disasters, and wars
The range and intensity of international pressures have increased significantly in recent decades as global communication and interconnectedness have grown. Issues that once might have been considered purely domestic now often attract international attention and scrutiny.
Sources of international pressure
International pressures can originate from various groups and organisations, operating at both local and international levels.
Local activists
These are individuals or groups within Australia who organise petitions (formal written requests to parliament) to demand law reform. They generate grassroots support for change on international issues.
International activists
These activists work globally to generate change across multiple countries. For example, Greta Thunberg, a Swedish environmental activist, challenges countries and world leaders to take stronger action on climate change.
Other countries
Foreign governments may urge Australia to change its laws or criticise Australian legislative reforms. For instance, the United States has previously encouraged Australia to address concerns about China's influence in the region.
The United Nations and its bodies
The UN, particularly through bodies like the Economic and Social Council, has criticised Australia on issues such as the treatment of asylum seekers and has called for action on various human rights matters.
Non-government organisations (NGOs)
NGOs are not-for-profit organisations that operate independently of government and often conduct humanitarian work abroad. Examples include:
- Amnesty International – works on human rights issues globally
- Human Rights Watch – releases annual reports examining global human rights practices, including criticism of Australia's protection of children's rights
Transnational corporations (TNCs)
TNCs are companies operating globally across international boundaries. They can exert significant pressure on governments. For example, Meta (which operates Facebook) ran a public campaign against proposed Australian laws requiring social media companies to pay news publishers for displaying their content. In February 2021, Meta temporarily blocked Australian users from sharing news content as a protest, drawing global backlash.
TNCs can wield enormous influence over government policy due to their economic power and global reach. The Meta example demonstrates how corporations can use their platforms to apply direct pressure on governments, affecting millions of users in the process.
Example 1: Climate change
Understanding climate change
Climate change refers to long-term shifts in temperature and weather patterns. While some changes occur naturally, human activities since the 1800s have significantly altered global climate patterns, particularly by increasing the Earth's atmospheric temperature.
The primary driver is the burning of fossil fuels (coal, oil, and gas), which releases gases that trap the Sun's heat in the atmosphere, causing temperatures to rise.
Consequences of climate change include:
- Rising sea levels
- Shrinking mountain glaciers and melting ice
- Loss of coral reefs
- Species extinction threats
- Increased extreme weather events (flooding, intense heat waves)
- Forced relocation of coastal communities
Climate scientists argue that all countries should reduce reliance on fossil fuels and shift to renewable energy sources (solar power, wind turbines) to decrease greenhouse gas levels in the atmosphere.
International agreements
The 2015 Paris Agreement (formally the Paris Agreement under the United Nations Framework Convention on Climate Change) is a key international treaty requiring countries to commit to targets for reducing emissions. Australia is a signatory to this agreement.
Historically, Australia's reduction targets have been criticized as too low. While many countries aimed for 30-35% reduction by 2030, Australia's target until 2022 was only 26-28%. This discrepancy became a major source of international criticism and pressure.
Pressures to act on climate change
| Source of pressure | Explanation |
|---|---|
| The United Nations | The UN has described climate change as a global emergency requiring drastic action. In early 2022, the UN Secretary-General criticized Australia for not strengthening its 2030 emissions reduction target, calling Australia a "holdout." |
| Organisations and groups | Hundreds of organisations advocate for climate action, including: - Greenpeace – runs media campaigns and petitions to pressure government action - 1 Million Women – encourages women to take climate action and vote for pro-climate politicians - Climate 200 – an Australian crowdfunding initiative supporting community-backed independent candidates who prioritize climate action (successfully supported candidates who defeated prominent politicians like Josh Frydenberg in 2022) |
| Other countries | - The US has criticized Australia for insufficient emissions commitments - The UK's decision to ban new petrol and diesel cars by 2030 has prompted calls for Australia to follow suit (the ACT has committed to banning them by 2035) - Pacific nations (Tonga, Fiji, Solomon Islands) have pressured Australia to act, as they are particularly vulnerable to climate threats like rising sea levels |
| Individuals | - Activists such as Greta Thunberg and Vanessa Nakate - Independent "teal" candidates elected in the 2022 federal election, supported by Climate 200, focusing on a 43% reduction target by 2030 and gradual closure of coal and gas resources - Influential business leaders like Mike Cannon-Brookes (co-founder of Atlassian) who has sought to force AGL, Australia's largest carbon emitter, to convert to renewables quickly |
Pressures not to act on climate change
Not all groups support aggressive climate action. Pressures against acting include:
- Industry organisations (coal and mining groups) pressure parliament not to negatively impact coal communities and industry jobs
- Certain political parties have different views on addressing climate change:
- The National Party (representing regional communities and farmers) has pressured government to tackle climate change while allowing the natural environment to "coexist" with resources and agricultural industries
- Pauline Hanson's One Nation disputes climate science and opposes proposed law changes
- Coal communities in Queensland and Western Australia, whose workers are more affected by the transition to renewable energy than urban populations, may pressure governments to protect their jobs and provide training for emerging green power industries
Economic considerations: Coal remains one of Australia's largest exports, employing approximately 36,000 people and generating an estimated $45 billion in export revenue in 2021-22. This creates a significant tension between environmental goals and economic interests.
Current government responses to climate change
In 2022, following the election of the Australian Labor Party (ALP), the Commonwealth Parliament passed the Climate Change Act 2022 (Cth), which came into effect on 14 September 2022. This legislation enshrined into law:
- An emissions reduction target of 43% from 2005 levels by 2030
- Net-zero emissions by 2050
The legislation resulted from consultation with business, industry, unions, farmers, the community, and conservation groups who urged Parliament to pursue net-zero emissions consistent with UN goals.
Key features of the Act:
- Ensures accountability through annual updates to Parliament by the Climate Change Minister on progress toward targets
- Empowers the Climate Change Authority to advise government on future targets
This represents a significant strengthening of Australia's climate commitments compared to previous targets.
State government actions:
- Victoria and New South Wales have set aggressive carbon reduction targets
- Victoria has committed to reducing emissions by 75-80% by 2034 and achieving net zero by 2045
Example 2: The age of criminal responsibility
Understanding the age of criminal responsibility
The age of criminal responsibility is the age at which a child is deemed capable of forming the intention to commit an offence under criminal law and therefore can be found guilty of committing a crime.
In Victoria:
- The minimum age is 10 years old
- The principle of doli incapax applies between ages 10 and 14, which is the presumption that children in this age range do not possess the necessary knowledge to have criminal intent
- However, this presumption can be rebutted with evidence showing the child knew their actions were morally wrong
International context: The United Nations has nominated 14 years as the absolute minimum age of criminal responsibility. Australia has a low age of criminal responsibility compared with many other countries globally, making this a significant source of international pressure.
Reasons for pressure to increase the age
Advocates for raising the age have highlighted several concerns:
- Overrepresentation of First Nations people – Data indicates that First Nations youth are detained at a rate 17 times higher than non-Indigenous young people
- Disadvantaged backgrounds – Many young people come from disadvantaged backgrounds with special and complex needs better addressed outside the criminal justice system
- Difficulty engaging with the justice system – Young people struggle to engage with criminal proceedings, which can result in additional problems or trauma
- Long-lasting negative effects – Concerns that custody can create a "life of crime" for young people who are jailed at such young ages
The disproportionate impact on First Nations youth has become a central focus of advocacy campaigns, with First Nations-led organisations playing a leading role in calling for reform. These organisations emphasize that the current age of criminal responsibility perpetuates systemic disadvantage and fails to address the underlying causes of youth offending.
Pressures to change the age of criminal responsibility
| Source of pressure | Explanation |
|---|---|
| The United Nations | - In 2017, the UN questioned why Australia was "out of step" with the rest of the world - In 2019, the UN Committee on the Rights of the Child expressed serious concern about Australia's age and called for it to reach internationally accepted levels, focusing on prevention and rehabilitation - In the 2021 Universal Periodic Review (a UN peer-review process), 31 countries recommended Australia raise its age of criminal responsibility |
| Organisations and groups | - Law Council of Australia (peak representative body of the legal profession) has called for the age to be raised to 14, with children aged 10-13 accessing services to reduce criminal justice interaction - First Nations-led organisations including National Aboriginal and Torres Strait Islander Legal Services (NATSILS) and Victorian Aboriginal Legal Service (VALS) have strongly advocated for change, citing medical and criminological evidence and recognizing children's complex needs (mental health concerns, disabilities, housing issues, behavioral difficulties, drug/alcohol use, child protection involvement, trauma, violence, social isolation) - #RaiseTheAge campaign created by organizations like Human Rights Law Centre, Australian Indigenous Doctors' Association, Public Health Association of Australia, NATSILS, and Law Council of Australia, using lobbying and social media campaigns |
| NGOs | Organizations like Amnesty International and Human Rights Watch have expressed concerns about the effects of criminalisation on children, especially young First Nations people who are disproportionately represented in prison statistics |
Pressures not to change the age
Not everyone supports raising the age of criminal responsibility:
- Western Australian Office of Public Prosecutions (in a 2022 draft report) submitted that the age should remain at 10, noting that children aged 10-14 are rarely charged with minor crimes unless they regularly commit them, meaning only serious offenders end up in court
- South Australia Police indicated they were not supportive, noting that young people can benefit from departmental supervision and changing the age might send the wrong message to young people
This demonstrates a key challenge in responding to international pressures: competing views within Australia itself. Law enforcement and prosecution services have expressed concerns about public safety and the message sent to young offenders, while human rights organisations and legal bodies emphasize the developmental needs of children and international standards.
Current government responses
Commonwealth and state coordination:
The Standing Council of Attorneys-General (where Commonwealth and state Attorneys-General meet quarterly) agreed in 2018 to establish a working group to examine whether to raise the age of criminal responsibility.
Key developments:
- The working group prepared a draft report (2020 Draft Report)
- In November 2021, state Attorneys-General supported developing a proposal to increase the minimum age from 10 to 12, subject to certain requirements
- In December 2022, the 2020 Draft Report was released (still in draft form, not agreed to by all jurisdictions) with a recommendation that all governments raise the minimum age to 14 years, without exception
- The Draft Report noted that before implementing this change, consideration must be given to programs supporting prevention of youth crime and providing support for young children, families, and communities
Jurisdictional changes:
- Northern Territory – In November 2022, passed a bill to raise the minimum age to 12
- Australian Capital Territory (ACT) – Indicated it will introduce legislation in 2023 to gradually increase the age to 14 years by 2027
- Victoria – In April 2023, the Attorney-General announced:
- By the end of 2024, children aged 10 and 11 will not be held criminally responsible
- The age will increase to 14 by 2027
- Exclusions will apply for children accused of more serious crimes
These changes demonstrate how sustained international pressure, combined with domestic advocacy, can lead to significant law reform, even when facing opposition from some quarters.
How international pressures affect parliament's ability to make law
Key factors influencing parliamentary response
Whether pressure impacts government willingness to act depends on:
- The nature of the issue
- The source of the pressure
- Level of public support for change
- Competing pressures and considerations
Competing considerations governments must balance:
- Climate change example: The need to reduce emissions must be weighed against Australia's reliance on coal and energy as revenue sources
- Age of criminal responsibility example: Pressure to increase the age must be balanced against ensuring proper frameworks support young people and deter offending
- Resource allocation: Law reform in areas facing international pressure must compete with more immediate concerns (pandemics, natural disasters)
- Financial impact: Governments must consider the cost of implementing law reform
These competing considerations explain why governments may respond slowly or only partially to international pressures, even when those pressures are intense and sustained.
Influence on voting behavior:
Powerful organizations and campaigns can significantly impact how people vote. Examples include:
- Social media campaigns like #RaiseTheAge
- School student climate protests
- Organizations like Climate 200 supporting independent candidates
These movements can influence both voter behavior and public discourse on issues. When international pressures align with strong domestic public support, they are more likely to result in legislative change. The success of Climate 200-backed independent candidates in the 2022 federal election demonstrates how international concerns (climate change) can translate into domestic political change.
Remember!
Key points:
- International pressures are demands on parliaments to make (or not make) laws addressing matters of international concern
- Australia's membership in the UN and signing of international treaties makes it subject to international scrutiny and pressure
- Pressures originate from diverse sources: local and international activists, other countries, the UN, NGOs, and transnational corporations
- Governments often face competing pressures on the same issue (e.g., climate action vs. coal industry protection)
- Recent examples demonstrate how international pressure can lead to legislative change (Climate Change Act 2022, proposed changes to age of criminal responsibility)
Key terms to remember:
- United Nations (UN) – international organization maintaining peace, security, and cooperation
- International treaty – legally binding agreement requiring nations to incorporate obligations into domestic law
- Ratification – parliament's formal approval and adoption of treaty obligations
- International pressures – demands on parliament from within or beyond Australia
- NGO – not-for-profit organization operating independently of government
- TNC – company operating globally across international boundaries
- Doli incapax – presumption that children aged 10-14 lack criminal intent (can be rebutted)
Exam technique:
When discussing international pressures, you should:
- Explain what international pressures are and identify their sources
- Analyze how specific pressures have influenced parliamentary law-making (use concrete examples)
- Evaluate the effectiveness of international pressures by considering competing views and whether governments ultimately respond
- Assess the balance governments must strike between international obligations and domestic concerns (economic, social, political factors)