Skip to Main Content

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.

For further information see:


Useful resources


Important treaties to which Australia is a party

 

These treaties have been cited according to AGLC4 chapter 8.

 
  • CAT: Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment, opened for signature 10 December 1984, 1465 UNTS 85 (entered into force 26 June 1987).

  • CEDAW: Convention on the Elimination of All Forms of Discrimination Against Women, opened for signature 18 December 1979, 1249 UNTS 13 (entered into force 3 September 1981).

  • CERD: International Convention on the Elimination of All Forms of Racial Discrimination, opened for signature 21 December 1965, 660 UNTS 195 (entered into force 4 January 1969).

  • CISG: United Nations Convention on Contracts for the International Sale of Goods, opened for signature 11 April 1980, 1489 UNTS 3 (entered into force 1 January 1988).

  • CRC: Convention on the Rights of the Child, opened for signature 20 November 1989, 1577 UNTS 3 (entered into force 2 September 1990).

  • CRPD: Convention on the Rights of Persons with Disabilities, opened for signature 30 March 2007, A/RES/61/106 (entered into force 3 May 2008).

  • ICCPR: International Convention on Civil and Political Rights, opened for signature 16 December 1966, 999 UNTS 171 (entered into force 23 March 1976).

  • ICESR: International Covenant on Economic, Social and Cultural Rights, opened for signature 16 December 1966, 999 UNTS 3 (entered into force 3 January 1976).

  • Vienna Convention: Vienna Convention on the Law of Treaties, opened for signature 23 May 1969, 1153 UNTS 331 (entered into force 27 January 1980).

Texts

  • Treaties by Richard Gardiner (2023)
    This addition to the Elements of International Law series explains what treaties are, their contribution to international law, how they are made, how they are interpreted, and how they are implemented across domestic and international legal systems
  • The Oxford Guide to Treaties by Duncan B Hollis (2020)

    This guide is an authoritative reference point for anyone interested in the creation or interpretation of treaties and other forms of international agreement. It covers the rules and practices surrounding their making, interpretation, and operation, and uses hundreds of real examples to illustrate different approaches treaty-makers can take.

  • The Oxford Handbook of United Nations Treaties by Simon Chesterman; David M. Malone; Santiago Villalpando (2019)

    The United Nations is a vital part of the international order. Yet this book argues that the greatest contribution of the UN is not what it has achieved (improvements in health and economic development, for example) or avoided (global war, say, or the use of weapons of mass destruction). It is, instead, the process through which the UN has transformed the structure of international law to expand the range and depth of subjects covered by treaties. This handbook offers the first sustained analysis of the UN as a forum in which and an institution through which treaties are negotiated and implemented.

  • Research Handbook on the Law of Treaties by C. J. Tams (Editor); A. Tzanakopoulos (Editor); A. Zimmermann (Editor) (2014)

    Offering a unique conceptual approach to the Law of Treaties this insightful Research Handbook not only sets out the foundational issues, but identifies tensions within the field, including formalism vs flexibility, integrity vs flexibility, and uniformity vs specialisation, to name a few. It seeks to define and re-define the dimensions in which Treaty law operates, tracing its fault-lines and the challenges it faces, such as breaches, regime-collisions, state succession and armed conflict. Representing a broad range of jurisdictional and ideological perspectives, the Research Handbook provides a diverse and stimulating approach to international treaties.

  • Principles of international law by Stephen Hall (2019)

    Principles of International Law explains and illustrates the essential concepts of international law from an Australian perspective. It provides an authoritative yet accessible guide to the structure of international law, its systemic requirements and major substantive topics. Each chapter contains a clear statement of objectives, a list of key instruments and authorities, a lucid statement of the law, original analysis, extracts from relevant treaties and other international instruments, and helpful case summaries and extracts.

  • The Oxford handbook of comparative foreign relations law by Curtis A. Bradley (editor) (2019)

    Comparative foreign relations law compares and contrasts how nations, and also supranational entities such as the European Union, structure their decisions about matters such as entering into and exiting from international agreements, engaging with international institutions, and using military force, as well as how they incorporate treaties and customary international law into their domestic legal systems.

International law blog sites

 
  • EJIL:Talk!

    A blog of the European Journal of International Law.

  • Institute for Human Rights and Business
    Founded in 2009, IHRB is the leading international think tank on business and human rights. IHRB’s mission is to shape policy, advance practice, and strengthen accountability in order to make respect for human rights part of everyday business.

  • Opinio Juris

    Opinio Juris was the world’s first blog dedicated to informed discussion of international law by and among academics, practitioners and legal experts.

  • ANZSIL Perspective

    ANZSIL Perspective is a collection of articles with the intention of generating discussion and debates on major issues of international law.