Oxford LibGuides: Australian law: Treaties

Treaties in Australian Law

Discussions of the relationship between treaties and Australian national law-

Article by Glen Cranwell in QUT Law and Justice Journal 2001 (available on Austlii).
Briefing from the Australian Government Solicitor, 2013, provides a discussion of the Teoh case (see below).

Examples of High Court decisions which have examined the relationship between treaty law and Australian national laws (from Austlii)-

Simsek v McPhee
Decision against international Conventions effecting national law.
Mabo v Queensland
Rights of Australian Aborigines recognised by the High Court in accordance with international law.
Minister of State for Immigration and Ethnic Affairs v Teoh
Established the principle that Commonwealth decisions should take into account international law.

Treaties to which Australia is a signatory are published in the Australian Treaty Series (available free via Austlii).

The following databases provide search facilities and access to electronic versions of treaty-related documents and information.

Australian Treaties Database (ATD)
On the Department of Foreign Affairs and Trade website. The Australian Treaties Database (ATD) is an online resource for researching treaties to which Australia is a signatory, or where Australia has taken other treaty action.

You can search by subject, date or keyword, or you can search using several words separated by the words 'AND' or 'OR'. Search results include links to the full text of the treaty. All treaty texts are routinely added to the Australian Treaties Library on the Australasian Legal Information Institute (AustLII) database. Search by subject, date or keyword. Includes resources on the treaty-making process.
Australian Treaty Series (ATS)
Provided by AustLII. Note related sections on AustLII are Australian Treaty National Interest Analyses (ATNIA), Australian Minor Treaty Actions - Explanatory Statements (AMTAES), Australian Treaties Not Yet In Force (ATNIF), Joint Standing Committee on Treaties (JSCOT) Reports,
List of Multilateral Treaty Actions Under Negotiation or Consideration, Status Lists for Multilateral Treaties, Australia International Treaty Making Reference Documents
UNCTAD's International Investments Hub
Free resource. Search UNCTAD's database of Bilateral Investment Treaties (BITs) and Treaties with Investment Provisions (TIPs)