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Legal Research Basics

Treaties

What is a treaty?

"An international agreement concluded between states in written form and governed by international law ... Treaties, whether general or particular, establish rules recognised by states and as such are a primary source of international law ... Also known as 'agreement', 'arrangement', 'covenant', 'convention', 'declaration', 'exchange of letters', exchange of notes', 'Final Act', 'General Act', 'modus vivendi', 'protocol' or 'statute'."

Encyclopaedic Australian Legal Dictionary (online 19 February 2019) 'treaty'.

What is treaty law?

"A body of rules in international law that deals with procedural and substantive aspects of treaties as a source of international law. Treaty law regulates the creation, operation, interpretation, suspension and termination of treaties between international persons."

Encyclopaedic Australian Legal Dictionary (online at 19 February 2019) 'treaty law'.

An introduction to treaties

View the Non-U.S. Treaties Tutorial from the Georgetown Law Library for an excellent introduction to what treaties are, how they work, and where to find them (7 mins 36 sec, last updated May 2018).


Australia's treaty making process

"A treaty is an international agreement concluded in written form between two or more States (or international organisations) and is governed by international law. A treaty gives rise to international legal rights and obligations...The power to enter into treaties is an Executive power within section 61 of the Australian Constitution". Department of Foreign Affairs and Trade, Treaties (Web Page).

"When a treaty is signed, it does not automatically become Australian law. The Australian Government negotiates and signs treaties but only the Australian Parliament can make laws. Sometimes, new laws aren’t required for Australia to meet its obligations under a treaty; existing laws will ensure Australia meets its treaty obligations. If new laws are required, bills – proposed laws – will be introduced and passed by Parliament before the treaty will come into force". Parliament of Australia. Parliamentary Education Office. Your Questions on Notice  (Web Page, 25 May 2022).

The process for Australia to become a party to a treaty is:

  1. Signature: agreement in principle (not legally binding).
  2. Ratification: a binding agreement that the treaty will be implemented.
  3. Accession/Implementation: Parliament implements the agreement through an Act. For example, the Racial Discrimination Act 1975 (Cth) implements the Convention on All Forms of Racial Discrimination. The text of the Convention is located in the Schedule to the Act. Where existing Australian law already covers the subject matter of the treaty, it does not have to be implemented through a separate Act.

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