Legal Studies

The process by which treaty obligations translate into domestic law through accession or ratification

1. Creation - at this stage, states are free to decide whether they assume any legal commitment at all 2. Signature - agreement in principle but is still not legally binding. Signals a state's intention to enact domestic laws that give effect to the treaty 3. Ratification/Accession - binding agreement that the treaty will be implemented. State's compliance with the instrument is then monitored by the UN. 4. Parliamentary approval of the act

State

A country that has a permanent population, defined territory, government and has the ability to enter into legal relations with other states. Statehood is necessary for a country to qualify as a member of the UN.

Bill of Rights

A formal declaration of the legal and civil rights of the citizens of a particular state, country or federation. Its purpose is to protect individual rights against infringement by public or private entities or individuals. Australia does not have a bill of rights but rather relies on legislation and case law in the protection of human rights.

Royal Commission

A formal, independent public inquiry appointed by the Governor-General, operating under the Royal Commission Act 1902. Royal Commissions investigate an issue of public importance for the government; including government structure, the treatment of minorities, or economic questions. A royal commission has special powers to collect information and produce written reports making recommendations.

Roach v Electoral Commissioner (2007)

A woman's right to vote was restricted as she was in jail; considered lawful as she was serving a sentence of more than 3 years. Law in place that anyone in jail could not vote. Complainant in jail for non-payments of fine (1 year or less). Held: law invalid as not 'reasonable' (but law regarding can't vote if in jail for 3 years or more was valid)

Church groups

Advocate for human rights protections consistent with religious teachings - such as feeding the poor, not judging others and treating all people equally. They can also set up charities that donate food and clothing to those in need.

Rights of States in relation to Article 2.4 of the UN Charter (political independence and territorial integrity)

All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state. Political independence refers to governments that are sovereign which provides the right to exercise freely the full range of power and make decisions concerning their domestic and foreign policies. Territorial integrity is the principle that nation-states should not attempt to promote secessionists movements or border changes in other nation-states, nor impose a border change through the use of force.

Human Rights

Are the basic freedoms and protections that belong to every single person regardless of race, gender, age, nationality, religion or your beliefs. All human beings are born free and equal in dignity and rights (article 1 of the UDHR), in which these rights are inalienable, indivisible and interdependent.

Secretariat (UN)

Comprises the secretary-general and carries out the day to day work of the UN as mandated by the General Assembly.

Mayer v Australia Nuclear Organisation (2003

Issue: Sex Discrimination Pregnant woman requests 2-year extension and was only given 1; was considered discrimination as others who were not pregnant and asked to take the same amount of time off were given a 2-year extension.

The role of reservations

Enable a state to accept a multilateral treaty as a whole by giving it a possibility not to apply certain provisions with which it does not want to comply.

International Covenant on Economic, Social and Cultural Rights (ICESCR)

Ensures the enjoyment of economic, social and cultural rights, including the rights to education (article 13) and self-determination (article 1). It follows a similar structure to other foundational human rights instruments. It has a preamble and 31 articles divided into five parts. Articles 2-5 establishes that these rights should be recognised without discrimination.

The effect of the Human Rights Parliamentary Scrutiny Act 2011

Examines proposed laws and ensures that the future Commonwealth laws are consistent with Australia's international human rights obligations. It decides whether the proposed bill will significantly impact the national interest and have a negligible effect in Australia, which must be done through a Statement of Compatibility. For example, freedom of speech.

Fiona Given v Australia (2018)

Fiona Given has cerebral palsy. On 7 September 2013 Given wanted to vote by secret ballot in a Federal election. However, due to her limited muscle control and dexterity she was unable to mark a ballot paper, fold it and place it in the ballot box without assistance. An Electoral Commission officer was 'too busy' to assist Given to vote and directed her to ask her carer to assist her — an option Given did not want to undertake as she didn't wish her carer to know whom she was voting for. Electronic voting systems were available but were only able to be used by persons with a visual impairment. The Committee found that Australia had failed to fulfil its obligations. The Committee stated that Australia should provide Given with compensation for her legal costs and ensure Given was given access to voting procedures and facilities that assist her to be able to cast a secret ballot. As a general measure to prevent similar violations the Committee recommended that the Commonwealth Government amend the Electoral Act 1918 (Cth).

Security Council (UN)

Has primary responsibility, under the UN charter, for the maintenance of international peace and security by establishing equal rights for all persons, along with promoting justice and freedom.

General Assembly (UN)

Is the main deliberative, policy making and representative of the UN. It makes decisions on important questions such as those on peace and security, admission of new members and budgetary matters

Racial Discrimination Act 1975

Incorporates Australia's treaty obligations into domestic legislation and promotes equality before the law by making it unlawful to discriminate against a person on the basis of race, colour, descent, or national or ethnic origin. It was enacted in June 1975 and contains a total of 7 parts, including the prohibition of racial discrimination, prohibition of offensive behaviour based on racial hatred, the race discrimination commissioner and the functions of the commission. An example of this is in Sharma v Legal Aid Queensland 2001.

Lobbying

Involves activities that are designed to influence a lawmaker or policy maker to make changes that reflect the desires of the lobbyist. Lobbying uses various forms of media to ensure that messages and information about an issue are broadly communicated, which can raise pressure for the government to respond to an issue.

Covenant

Is a binding agreement between states, in which it is first adopted by a resolution by the General Assembly before they are open to other nation states to sign and ratify. An example of this is the International Covenant on Civil and Political Rights 1966.

Convention

Is a binding agreement between two or more nation states covering particular matters. In order for it to be binding, it must state that those parties entered into the agreement voluntarily; and it must be signed by an authorised representative of the nation it wishes to rely on. The term convention is found in agreements such as the Convention on Biological Diversity 1992.

The role of the Committee on the Elimination of Discrimination Against Women

Is a body of independent experts that monitors the implementation of the CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women). The Committee reviews national reports submitted by the state parties within one year of ratification or accession and makes recommendations on any issues affecting women around the world.

Multilateral

Is a formal agreement entered into by more than two nation states. They require conferences or gatherings of nations done under the auspices of international organisations. An example of this type of agreement is the International Covenant on Civil and Political Rights 1966.

Bilateral

Is a formal agreement entered into by two nation states

Treaty

Is a formalised agreement between two or more nation states covering a particular area of mutual interest, such as trade, prisoner exchanges or human rights. To give legal effect to a treaty, the Commonwealth relies on the external affairs power in s51 of the Constitution. The final decision about whether to ratify is made by the Federal Executive Council. An example of a human rights treaty is the Convention on the Rights of the Child 1990.

Magna Carta 1215

Is one of the most important documents in history as it was the first consideration of some form of human rights and was agreed to by King John of England in June 1215. It established the principle that everyone is subject to the law, even the king, and guaranteed the rights of individuals, the right to justice and the right to procedural fairness. It also inspired rights such as freedom of religion (s116 of the Australian Constitution).

International Federation of Red Cross and Crescent Societies (IFRC)

Is a global humanitarian organisation that coordinates and directs international assistance following natural and man-made disasters in non-conflict situations. They carry out relief operations to assist victims of disasters and heath emergencies, but also help communities in developing countries. The organisation works to combat discrimination and violence and promoting human rights, especially for migrants. They protect human rights through volunteering and through organising International Conferences with other partnerships to point out TB affected countries should increase efforts to reach out to patients.

Sex Discrimination Act 1984

Is a key piece of federal domestic legislation that makes discrimination against individuals on the basis of sex, gender identity, and sexual orientation unlawful, and also prohibits discrimination against marital status, pregnancy or the potential to be pregnant. The Act has helped thousands of people, who have suffered sex discrimination, which is defined under section 5, seek redress, while educating and promoting gender equality. An example of a specific case that applies to the family responsibilities under the SDA is in Song V Ainsworth Game Technology Pty 2002.

International Covenant on Civil and Political Rights (ICCPR)

Is a legally binding, multilateral treaty that recognises the inherent dignity of each individual and undertakes to protect and promote conditions within states to allow the enjoyment of civil and political rights. It was adopted and opened for signature, ratification and accession by the General Assembly resolution on 16 December 1966. The ICCPR consists of a preamble, conclusion, and is divided into 6 parts, where articles 6-27 encompasses the most important provisions. For example, the right to freedom of religion (article 18).

Amnesty International

Is a non-government organisation that campaigns and advocated for the protection of human rights and raise awareness of the international standards that protect everyone. The advocacy methods used by this organisation include; calling on governments and companies to hold, create or change laws and policies that will protect human rights, mobilising the people to challenge injustices and put pressure on governments to stop rights violations, sending experts on missions where human rights are being abused, and working with the media to expose these violations. They make these concerns known through signing petitions, writing letters and taking online actions directed at governments.

Universal Declaration of Human Rights (UDHR)

Is a non-legally binding, historic document that articulates fundamental rights and freedoms that everyone is entitled to. Its adoption recognised human rights to be the foundation for freedom, justice and peace. The UDHR was adopted by the United Nations on 10 December 1948, in response to the barbarous acts which outraged the conscience of mankind during World War II. The Declaration consists of a preamble which sets out the common standards of achievement for all peoples and nations, followed by 30 rights and freedoms, including the right to life, liberty and security of a person (article 3).

Australian Lawyers for Human Rights (ALHR)

Is an association of legal professionals active in practising and promoting awareness of international human rights standards in Australia. The organisation advocates for human rights through the promotion of Federal and State laws across Australia and ensuring that they comply with international standards and obligations. They also engage with the United Nations in relation to Australian human rights violations, and internationally to promote the rule of law and human rights.

Australian Law Reform Commission (ALRC)

Is an independent Australian Government agency that conducts inquiries and provides recommendations for law reform to Government on areas of need. The ALRC aims to ensure that the proposals and recommendations it makes do not trespass unduly on personal rights and liberties, or make those rights unduly dependent on administrative decisions, rather than judicial, and are consistent with Australia's international obligations.

Australian Human Rights Commission (AHRC)

Is an independent statutory authority that was established under the Australian Human Rights Commission Act 1986. It includes a range of duties, functions and powers the commission has in respect to human rights, including undertaking inquiries and intervening in court proceedings. The commission also has the power to investigate and attempt to conciliate complaints of unlawful discrimination.

Convention on the Rights of the Child 1990 (CRC)

Is an international treaty that recognises the specific human rights of children within civil, political, economic, social, health and cultural spheres. The Convention came into force on 2 September 1990. It contains 54 articles which sets out the rights, and the remaining articles (43-54) focus on the extra responsibilities of adults and governments to ensure that children can access these rights. It further sets out four guiding principles that are intended to assist state parties in interpreting these obligations, including non-discrimination, the primacy of a child's best interest, the right of every child to life, and the importance of seeking the views of the child.

Freedom from discrimination

Is an internationally recognised human right and enshrines the principle of egalitarianism. The right provides equality before the law as it prevents people from being persecuted against due to race, colour, decent, or national or ethnic origin.

Queensland Council for Civil Liberties (QCCL)

Is focused on maintaining and protecting the civil liberties of Queensland citizens who interact with the government and its departments. The council advises governments on everything from privacy law to protest law, to the promotion of human rights in the media. The group advocates for human rights by submitting submissions to government which pushes governments to discuss any human rights violations and encourages public discussion on civil liberties by addressing groups and media reports. They further promote human rights by supporting relevant books as well as holding lectures and seminars that address civil liberties.

Right to free speech

Is one of the most fundamental of all freedoms in a free and democratic society. It is an essential aspect of the rule of law and ensures there is accountability in government, People must be free to express their opinion about the content of laws, as wells as the decisions of government. However, this freedom prohibits the discrimination or harm of others while communicating. For example, the right to public false rumours on social media should be curtailed.

Sovereignty

Is the basic principle that states have exclusive jurisdiction over what happens and can exercise full control over affairs within a geographical or territorial limit.

Economic and Social Council (UN)

Is the principal body for coordination, policy review, policy dialogue and recommendations on social and environmental issues, as well as the implementation of internationally agreed development goals.

Ratification

Is the process of full adoption of the obligations imposed by a treaty or covenant into Australian law by the passing of legislation through the federal parliament that mirrors and enacts the treaty obligations. For example, the Convention on the Elimination of All Forms of Racial Discrimination became part of the Australian legal system when the Commonwealth Government passed the Racial Discrimination Act 1975.

Right to legal representation

Is the process of lawyers representing their clients in court and the work that the lawyers do during the proceedings. Currently, there is no right to free legal representation in Australia. People must either pay for a lawyer to represent them, qualify for assistance such as Legal Aid, or remain unrepresented.

The role of the Convention on the Elimination of All Forms of Racial Discrimination Committee (CERD)

Is to examine the mandatory reports submitted by the state parties and publishes their concerns and observations with recommendations for improvements.

The role of the Committee on the Rights of Persons with Disabilities

Is to monitor the implementation of the implementation of the Convention on the Rights of Persons with Disabilities (CRPD)by member states, who are required to submit regular reports to the Committee on how effectively the rights are being implemented. The Committee examines the reports and makes suggestions and general recommendations.

The role of the United Nations High Commissioner for Refugees (UNHCR)

Is to safeguard the rights and wellbeing of refugees by leading and coordinating international action and advising governments to protect refugees. This includes providing access to asylum procedures and measures to ensure that their basic human rights are respected, safely returning them, and allowing them to live in dignity while helping them find a more durable, long-term solution.

Accession

Is when a nation-state enters into a treaty that has already been formed after it has been negotiated and signed by other states.

Signatory Treaty

Is when a state is in political support of a treaty and is willing to continue its engagement with the treaty process through domestic laws.

Hunter v Queensland (2015)

Issue: Disability Discrimination Hunter sustained a spinal injury about 40 years ago resulting in tetraplegia. He has lost additional fine motor movement in his left hand due to the growth of a cyst within his spinal cord at the level of his original injury. In August 2013 the police charged Mr Hunter with an offence. He was told to attend the Southport Police Station for identification processing. Mr Hunter went to the police station on 9 August 2013. When the time came to take his fingerprints, Mr Hunter proceeded in his wheelchair to the front of a device for scanning fingerprints called a Live Scanner. Mr Hunter informed the officer that his left hand was paralysed. The officer told Mr Hunter to place his left hand on the scanning device. Mr Hunter did this, but he was unable to open his curled fingers due to his paralysis. The officer manually opened Mr Hunter's left hand and attempted to roll each finger on the scanning plate to scan the fingerprints on each finger. The operator recorded that prints could not be obtained as the left hand was bandaged. That was not the case as Mr Hunter's left hand was not bandaged but of the set outcome options available in the scanner, the operator decided that this was the most appropriate option for recording purposes.

Williams v the Commonwealth (2012)

Issue: Freedom of Religion The High Court considered a challenge to the funding of the National School Chaplaincy Program on several bases, one of which was s116 of the Constitution. One of the grounds argued by the Plaintiff was that the school chaplain is an 'office under the Commonwealth' and because the definition of the school chaplain imposes a religious test for that office then the payments to SUQ by the Commonwealth government under the School Chaplaincy Program was prohibited by s116.The challenge failed because it was held that the chaplains engaged by SUQ held no office under the Commonwealth. The chaplain at the Darling Heights State Primary School was engaged by SUQ to provide services under the control and direction of the school principal. There was no contractual or other arrangement between the chaplain and the Commonwealth.

Preston v Avery (2019)

Issue: Freedom of speech Mr Preston outside the Specialist Gynaecology Centre located in a building in Victoria Street, Hobart held up placards containing words and images showing his opposition to abortion. Mr Preston appealed challenging the validity of these laws on the basis that they unlawfully infringed the freedom of communication right implied in the Australian Constitution.

Eatock v Bolt (2011)

Issue: Racial Discrimination Andrew Bolt wrote an article implying that fair skinned aborigines (as a result of 'mixed' marriage within past / present generations with a white person) were not genuine aborigines and were only claiming to be so, in order to claim govt benefits only available to aborigines. Eatock was the complainant (claiming breach of 18C). Held: Bolt's conduct was not exempted under 18D as it was not in 'good faith'. The article contained errors of fact, distortions of the truth and inflammatory and provocative language. He had not bothered to seek a response from any of the 18 people he named. (Plus, many / most fair skinned aborigines identified as aborigines from an early age and genuinely conducted themselves as aborigines).

Fair Work Ombudsman v Yenida Pty Ltd & Anor (2018)

Issue: Racial Discrimination NSW man was underpaying Malaysian workers but paying Australian workers legal rates

Right to Silence

It has two aspects; the right of a suspect not to answer questions asked before trial (pre-trial silence) and the right of the accused to not give evidence in his or her defence during the trial (at trial silence). The right to silence protects the right no to be made to testify against oneself and the right not to be made to incriminate oneself. This protects the innocent defendant from convicting themselves and spurs the prosecutor to carry out an independent investigation.

Protesting

Means to engage in public expression of disapproval or objection to a policy or the way the government handles an issue.

Rights of States in relation to Article 2.7 of the UN Charter (when the UN can intervene with affairs of a member)

Nothing contained in the present charter shall authorise the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the members to submit such matters to settlement under the present charter.

The media

Plays an enormously important role in the protection of human rights. It instrumental in uncovering unethical behaviour and corruption, exposing human rights violations and offers an arena for different viewpoints to be heard in public discourse.

Principle of double jeopardy

Prevents prosecution or punishment of a person twice for the same offence. The rule is contained in both section 16 and 17 of the Criminal Code 1899 (Qld). It provides equality under the law as it ensures that anyone found innocent of a crime would not be charged again for the same offence unless there was new and compelling evidence presented.

International Convention on the Elimination of All Forms of Racial Discrimination 1966 (ICERD)

Promotes an understanding among all races by preventing all manifestations of racial discrimination and combats racist doctrines and practices. It was adopted and opened for signature by a General Assembly resolution on 21 December 1965. It consists of a preamble that begins by affirming the core aspirations of equality, followed by 25 articles made up of 3 parts, in which article 1 defines discrimination and articles 11-13 establishes dispute resolution mechanisms.

Convention on the Elimination of All Forms of Discrimination against Women 1979 (CEDAW)

Promotes equality between women and men through ensuring women's equal access to, and equal opportunities in, political and public life, including the right to vote and to stand for election, as well as education, health and employment. The Convention was adopted by the UN General Assembly in December 1979 and consists of a preamble and 30 articles set across 6 parts. It defines what constitutes discriminations against women and sets out the commitments undertaken by States (articles 1-6).

Trusteeship Council (UN)

Promotes the advancement of the inhabitants of Trust Territories and their progressive development towards self-government or independence. Under the charter, the Trusteeship Council is authorised to examine and discuss reports from the Administering Authority on political, economic, social and educational advancement of the peoples of Trust Territories, and in consultation with the Administering Authority, to examine petitions from and undertake periodic and other special missions to Trust Territories.

Right to protest and the freedom of assembly

Protects the right of individuals and groups to meet and to engage in peaceful protest, and to form associations to pursue common goals. There is no express right in the Australian Constitution to either of these rights, although there is an implied right to freedom of political communication, set out by the High Court in Lange's case. It is one of the core 7 human rights which is outlined under article 21 and 22 of the ICCPR and provides equality by allowing individuals to express their opinions so that everyone's views are heard.

Convention Relating to the Status of Refugees (1951)

Protects the right to asylum by laying down the basic minimum standards for the treatment of refugees. In response to the growth of refugees after the conclusion of World War 2, the Convention was approved on 28 July 1951. It defines who a refugee is (article 1), refugee's rights and responsibilities (article 2), and the legal obligations of States in correlation to the non-refoulment principle.

Lodging complaints (QHRC)

Queensland Human Rights Commission (QHRC) The QHRC takes complaints under three pieces of legislation: the Anti-discrimination Act 1991, the Public Interest Disclosure Act 2010, and the Human Rights Act 2019, which are generally resolved through the process of conciliation. The Commission is an impartial body that helps the parties involved in the complaint reach an agreement concerning resolution mechanisms.

Human Rights Council (UN)

Responsible for strengthening the promotion and protection of human rights around the globe and address situations of human rights violations.

Rights of States in relation to Article 2.1 of the UN Charter (sovereignty and equality)

Sovereignty is the authority of a state to make decisions on behalf of itself in relation to domestic and international issues (e.g. to make and apply laws; impose and collect taxes; and form treaties with foreign states). It is the concept that states can exercise full control over affairs within a geographical or territorial limit. All states have an equal right to function as a state and make decisions about what occurs within their own borders. Since all states are equal in this sense, one state does not have the right to interfere with the internal affairs of another state.

Lodging complaints (AHRC)

The AHRC investigates and conciliates complaints regarding discrimination and breaches of human rights on a federal level. The AHRC generally investigates and resolves complaints of discrimination, harassment and bullying based on a person's sex, race, disability and age.

Minister of State for Immigration and Ethnic Affairs v Teoh (1995)

The case is notable for giving unprecedented significance to the ratification of international treaties by the executive government (in particular the CRC). Ah Hin Teoh, a Malaysian citizen, came to Australia in May 1988 and was granted a temporary entry permit. In July 1988, Teoh married Jean Lim, an Australian citizen and the de facto spouse of Teoh's deceased brother. Mrs Teoh had four children, one from her first marriage and three from the de facto relationship. Subsequently, Mr and Mrs Teoh had three children together. In October 1988, Teoh was granted a further temporary entry permit that enabled him to remain in Australia until February 1989. Prior to the expiry of the permit, Teoh applied for a grant of resident status. In November 1990, whilst this application was being processed, Mr Teoh was convicted on charges of heroin importation and possession. In January 1991, Teoh was notified pursuant to the Migration Act 1958 that his application for resident status had been refused on the ground that he could not meet the good character requirement as he had a criminal record. The High Court decision was there had been a breach of natural justice, as the Immigration department had failed to invite Teoh to make a submission on whether a deportation order should be made, contrary to the Convention on the Rights of the Child, which provided that in any administrative decision concerning a child, the child's best interests must be a primary consideration.

Disability Discrimination Act 1992

The human rights identified in the CRPD have been incorporated into domestic law at both Commonwealth and State levels of government. The Act provides protection for everyone in Australia against direct and indirect discrimination based on disability. The Act is administered by the Australian Human Rights Commission (AHRC), who investigate and conciliate discrimination complaints.

Freedom of religion

The inclusion of the right to religious freedom in the Australian Constitution provides this right with constitutional protection from statutory encroachment. There are four prohibitions contained in s116; the 'establishment', 'observance', 'free exercise' and 'religious test' clauses respectively. It stops the Commonwealth from passing laws that would establish a religion or prohibit the free exercise of religion but does not explicitly create a personal or individual right to religious freedom. It provides equality before the law as everyone is free to practice their religion and cannot be persecuted due to this.

Plaintiff v Minister for Immigration and Border Protection & Anor (2014)

The plaintiff, a citizen of the Islamic Republic of Iran, entered Australia's migration zone by sea at Christmas Island. His method of entry into Australia qualified him as an 'unauthorised maritime arrival' under the Migration Act 1958 s55A. The plaintiff challenged s198AB (that provides that the Minister may designate a country as a regional processing country), s198AB (that designation of Papua New Guinea (PNG) as a regional processing country) and s198AD(5) (that UMAs were taken to PNG).

Right to trial by jury

The principle to have a trial by jury is enshrined in the Magna Carta 1215 and is incorporated in each State and Territory law in Australia, as well as in section 80 of the Constitution (express right). Trial by jury provides equality under the law as jurors remain unbiased and impartial, and base their decisions on the facts of the case rather than the opinions of others, providing people with more just and equitable outcomes.

Protocol Relating to the Status of Refugees 1967

This Protocol amended some shortfalls of the Refugee Convention, which initially only applied to those displaced prior to 1951. It did this through removing geographic and time related restraints on the definition of a refugee (expanded the coverage of protections of the Convention).

International Court of Justice (ICJ)

To settle, in accordance with international law, legal disputes submitted to it by states and to give advisory opinions on legal questions referred to it by authorised United Nations organs and specialised agencies.

Convention on the Rights of Persons with Disabilities 2006 (CRPD)

Uses an approach that all persons should have full and equal rights and be empowered to make decisions for themselves. The Convention was ratified by Australia in July 2008. It has a preamble and 50 articles, in which articles 3-9 set out a number of general obligations that member states must abide by and articles 10-30 identify specific rights and freedoms.

Australian Human Rights Centre

Uses strategic legal action, policy solutions and advocacy to allow individuals a decent, dignified life; where laws, policy solutions and advocacy promote fairness and equality. They advocate for human rights by creating public campaigns to create an Australian Charter of Human Rights, build trust in their relationships so that decision makers in the government can promote and defend rights, and take legal action to establish court precedents.

Reservations

When a nation-state does not wish to be bound by every provision in a treaty so it ratifies only the parts of the treaty by which it does agree to be bound. This allows states to give off the impression they're complying with International instruments without compromising domestic activities.