LEGAL STUDIES – HSC
CLASS TEST: CHAPTER 14
Solutions
Total marks – 20
Section I – Multiple choice
5 marks
Section II – Short answer questions
15 marks


Section I – Multiple-choice questions

1 (B) 2 (D) 3 (B) 4 (B) 5 (B)

[1 mark each]

Section II – Short answer questions

6 Discuss the meaning of ‘state sovereignty’ and ‘multilateralism’. How can these two terms interact?

State sovereignty refers to a state’s power and authority over persons, things and events that are within its territory. It refers to the independence of the state from external control to which it has not consented. Multilateralism, on the other hand, refers to cooperation between multiple states for mutual benefit or protection from common threats.

State sovereignty is an essential principle of the international legal system, and refers to the inviolability of the state from outside control, except where the state has consented to that control. For example, consent could include two states agreeing to have a dispute heard by the International Court of Justice. Multilateralism refers to cooperation between sovereign states, but without necessarily relinquishing their own control. Multilateralism is most obvious in the context of trade and international relations between states for mutual benefit, and particularly in the negotiation and agreement of the numerous multilateral treaties that form the basis of the modern system of international law.

[3 marks]

7 Identify when the United Nations Charter was agreed and outline some of the reasons why the international community decided to establish this international organisation.

Some of the possible points that students could raise include:

·  the UN Charter was signed in San Francisco on 26 June 1945, following the end of World War II

·  based on the principle of collective security, through multilateral cooperation states could help to protect each other from harm

·  following the outbreak of World War II and the atrocities that occurred, the international community required a larger and stronger organisation to help prevent the outbreak of war

·  to help ensure peace and security for all states and their citizens

·  to help ensure people in all countries could live out their lives in ‘freedom from fear and want’

·  to encourage states to abandon the use of force

·  to establish a wider and permanent system of general security.

[2 marks]

8 Identify and briefly explain the roles of three of the organs of the UN.

The current UN organs include:

·  General Assembly — the main organ and forum for international discussion, which is composed of representatives of all UN member states

·  Security Council — the organ with responsibility for international peace and security, composed of only five permanent member states, and ten rotating, non-permanent members

·  Secretariat — the body that handles the day-to-day work of the UN, and headed by the UN Secretary-General, Ban Ki-moon

·  Economic and Social Council — this organ has 54 rotating members meeting annually to assist in promoting international economic and social cooperation and development; it includes various committees and acts as the central forum for discussion of economic, social, environmental and humanitarian issues

·  International Court of Justice (ICJ) — the judicial organ, with jurisdiction to settle disputes between consenting nation-states and provide advisory opinions to states, the UN and its agencies.

[2 marks]

9 Critically evaluate the structure and powers of the UN Security Council, having regard to its effectiveness in maintaining world order.

Some of the points that students could discuss are listed below.

·  The UN Security Council is the UN organ charged with maintenance of international peace and security.

·  It exercises its power through legally binding and non-binding resolutions. It can authorise military actions, sanctions or peacekeeping operations.

·  It has five permanent members, consisting of the United States, France, the United Kingdom, China and Russia, who have veto power over any substantive action of the Security Council.

·  It also has ten non-permanent members elected by the General Assembly for two-year terms, without special veto powers.

·  The veto power is one of the most controversial features of the Security Council, because it can block any substantial action, including appointment of the Secretary-General or any substantial reform of the UN.

·  During the cold war, for example, the UNSC was paralysed by the inability of its permanent members to cooperate to deal with regional and global issues that threatened world order.

·  There have been many calls for reform of the UNSC, particularly with respect to the permanent members, who reflect the power realities of 1945 rather than of today.

·  For instance, it has been suggested that India, Brazil, Germany and Japan would be the front-runners for eligibility as permanent member status.

[3 marks]

10 Describe how the prospect of membership of international organisations like the European Union or NATO can be a positive force for change in the world.

Students could raise any of the points outlined below.

·  Both the EU and NATO have strict membership criteria.

·  The EU only permits member states who are located on the European continent, and who adhere to its strict standards of membership, known as the ‘acquis’.

·  These standards span many different areas, including, for example, trade and commerce (movement of goods, persons, services and capital), law and justice, environment, social policy, education and training, or financial controls.

·  The promise of membership and the implementation of membership negotiations has been a major force for change in European countries.

·  Membership negotiations can take decades to complete, during which time enormous changes have to be undertaken to update the institutions, laws and policies of prospective countries, which can have a profound impact on the standard and quality of life for citizens of that country.

·  Like the European Union, NATO has strict membership criteria and a series of ‘acquis’ to which prospective member states must comply.

·  It adheres to the UN Charter regarding the use of force, and requires that its members are democracies that uphold the rule of law and respect human rights.

·  For example, ex-communist countries from Eastern Europe have been keen to join NATO, which they see as a protection against Russian domination.

[2 marks]

11 Critically evaluate the effectiveness some of the responses to the threat of nuclear weapons in the world.

Responses to this issue will be varied, but some of the issues involving legal responses to the threat of nuclear weapons that students could discuss include:

·  the only effective way to address the issue of nuclear disarmament is through multilateral cooperation — no single country can solve this problem

·  the UNSC’s Resolution 1887 of 2009 and the 2010 Review Conference for the NPT give some cause for optimism for the future.

·  to date international cooperation has seen some success, with a number of countries disposing of their previous stocks entirely, or other countries, such as the US and Russia, agreeing to gradually but seriously reduce their stockpiles

·  however, some countries have continued to pursue nuclear weapons technology

·  the world depends on the leaders of states with nuclear weapons to set an example to the rest of the world by dramatically cutting their own nuclear arsenals

·  coordinated action is also necessary against countries such as North Korea or Iran to have them abandon their plans for nuclear armament

·  the international community may need to strengthen the control and security of nuclear weapons, especially in Russia, and ban the production and stockpiling of fissile material

·  although huge reductions have been achieved, the eventual aim should be to cut world stocks to zero, and to ban all weapons of mass destruction though a convention, in the same way that chemical and biological weapons have been banned by treaty.

[3 marks]