Quick questions on The effectiveness of international law in protecting human rights: QCE Legal Studies

The recognised sources of international law are set out in article 38 of the Statute of the International Court of Justice:

The United Nations, established by the Charter of the United Nations 1945, is the central institution of the international legal order. Its principal organs include:

International law rests on state sovereignty: states are not subject to a higher authority and generally cannot be bound without their consent. This creates structural weaknesses:

International law is enforced through a patchwork of mechanisms, all weaker than domestic enforcement:

Australia is a dualist state, so international law does not automatically form part of domestic law. The Commonwealth Parliament must legislate to give a treaty domestic effect, for example the Racial Discrimination Act 1975 (Cth) implementing the Convention on the Elimination of All Forms of Racial Discrimination. This means international obligations can be accepted internationally yet have limited domestic force unless and until Parliament acts.

Identify the sources of international law under article 38 of the Statute of the International Court of Justice. [4 marks]

Explain how state sovereignty limits the effectiveness of international law. [4 marks]

Evaluate the effectiveness of the United Nations in protecting human rights, referring to at least one strength and one weakness. [6 marks]