The Treaty-Making Power in the Commonwealth of Australia

In the relation of states, treaties are a matter of great importance. The law of treaties and the study of treaty-making procedures in municipal law systems have become both from a theoretical and practical point of view, subjects of increasing interest. The United Nations Legal Committee as well as the International Law Commission have published studies concerned with the relationship of international law and municipal law, emphasizing national practices concerning the conclusion of treaties. In the case of some countries, such as Great Britain and the United States, numerous studies of treaty­ making problems have been made, but much less has been published in the case of many other countries such as Australia, Canada or India. In the case of Australia, research on treaty-making has resulted in comparatively few published articles in scholarly and legal journals and only a few comments in general legal treatises. But no comprehen­ sive legal analysis of the subject has as yet appeared. This study aims to present a comprehensive survey and analysis of actual treaty­ making procedures and practices in Australia against the setting of the relevant constitutional and other legal norms of the Australian political system. The analysis of treaty-making will consider both normative and empirical legal aspects. Basic constitutional norms, legal principles derived from common and constitutional law and statutes will be discussed, as well as the actual practices and procedures used in the exercise of the treaty-making power. Front Matter....Pages I-XXVII The Evolution of the Treaty-Making Power in the British Commonwealth of Nations....Pages 1-23 The Evolution of the Treaty-Making Power in the Commonwealth of Australia....Pages 24-68 Constitutional Framework....Pages 69-82 The Prerogatives of the Crown and Treaty-Making....Pages 83-103 Negotiation and Conclusion....Pages 104-128 Ratification and Implementation....Pages 129-160 Treaty Implementation and Constitutional Limitations....Pages 161-210 The Competence of the States in “External Affairs”....Pages 211-242 Federalism, Constitutionalism and Internationalism....Pages 243-256 Back Matter....Pages 257-284