Australia and the United Nations
Australia's involvement in the Multilateral Treaty System
Multilateral treaties are generally developed under the auspices of international (inter-governmental) organisations such as the United Nations. Nation states, particularly those with a relatively small population such as Australia, benefit a great deal from a world in which interaction between countries takes place within a framework of fair, agreed, and transparent rules. In the past few decades, the scope of issues subject to treaties has expanded. The need for global rules on the protection and promotion of human rights, the environment, wildlife, and the world's cultural and natural heritage is now widely accepted.
Australia has always been an active participant in multilateral diplomacy. In the GATT Uruguay Round, we were successful in having agriculture included on the agenda of global trade liberalisation. Australia has also helped shape a revised Law of the Sea Convention, in the process gaining sovereign rights over extensive areas of sea and continental shelf through diplomacy. In the field of disarmament, Australia put together a comprehensive draft of a Chemical Weapons Convention and through active diplomacy was instrumental in achieving a convention now approaching universal acceptance. Australia played a similar catalytic role in relation to the Comprehensive Test Ban Treaty, which will ban the testing of nuclear weapons once the Treaty enters into force. Treaties also provide for international co-operation on law enforcement, such as in relation to drug trafficking, establish resource management regimes to encourage sustainable development, and enhance global and regional security, all of which benefit Australia.
Australia has its say in the drafting of these treaties through active participation in the international forums in which they are negotiated. In the great majority of cases, the final content of a particular treaty is acceptable to Australia. In some cases, of course, we (and others) may have to accept compromises if they are necessary to achieve equitable global rules. If our concerns are serious, Australia would consider remaining outside the treaty, or joining after entering a reservation in relation to a part of the treaty, should that avenue be open.
In the Australian legal system, treaty provisions must be incorporated into Australian law by statute before they may be enforced by Australian courts. In 1996 reforms to the process by which Australia enters treaties were introduced, including the establishment of institutions (notably the Joint Standing Committee on Treaties), processes (especially the tabling of treaties in Parliament for consideration before finalisation), and documentary requirements (principally the National Interest Analyses that accompany treaties when tabled) to ensure transparency and wide consultation in the conclusion of treaties.
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