The Implementation of International Treaties in Australia | AUSSIE LAW

One of the dimensions of the external affairs power in section 51 (xxix) of the Australian Constitution is the implementation of international treaties. In this video, we explore how the obligations acceded to in the international law arena are implemented as domestic law in Australia according to the Vienna Convention on the Law of Treaties and the Commonwealth Constitution.
0:00 - Intro
1:15 - International treaties (VCLT)
3:05 - Monist and dualist countries
5:07 - External affairs power
// This video does not provide legal counselling or opinion about cases. This channel was created for educational purposes only. //
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RECOMMENDED READINGS:
- The Constitution of the Commonwealth of Australia (Aroney, Gernagelos, Murray and Stellios)
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- The Annotated Constitution of the Australian Commonwealth (Quick and Garran)
- Winterton's Australian Federal Constitutional Law (Gerangerlos, Aroney, Murray, Evans, Emerton, Stone)
- The Constitution of the Commonwealth of Australia Annotated (Lumb, Moens and Trone)
- Federal Constitutional Law - A Contemporary View (Joseph and Castan)
- Hanks' Australian Constitutional Law (Clarke, Keyzer, Stellios)
- Australian Constitutional Cases (P. H. Lane)
- The Law of Politics (Orr)
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SUBSCRIBE: www.youtube.com/@AussieLaw?sub_confirmation=1 BECOME A MEMBER: kzbin.info/door/loahlV-M4A0LIc14rmfNnwjoin 0:00 - Intro 1:15 - International treaties (VCLT) 3:05 - Monist and dualist countries 5:07 - External affairs power // This video does not provide legal counselling or opinion about cases. This channel was created for educational purposes only. //

[@Cpod97]

Great video!!! One question I have is does Australia always have to ratify or accede to a treaty for it to be legally binding on the international level?? As in could Australia take on legally binding obligations at the international level just through a signature??

[@sosnew4164]

Furtheremore, can the legislater refuse to act implimenting legislation?

[@freelancerwick5418]

You are teaching a great theory. But the 2017 amendment in the form of a Section 46PO3A(a) of the Australian Human Rights Commission Act 1986 (cth) is designed and interpreted in a way denying access to justice and answering the Racial Discrimination Act 1975 (cth) as part of a judicial trial. The stolen wages, modern slavery, and forced labor with financial penalty mechanisms in the form of legally binding and publicly confidential commercial arbitration tactics are a ground reality.

[@patpearce8221]

What are you talking about? This is external affairs...

[@sosnew4164]

@freelancerwick5418 My question is are once signed by the executive branch of Australia, do treaties create external binding obligation (not domestically) on Australia? In other words, do they enter into force with regard to the other contracting parties (or obligation/right of Australia)? Was the west minister style of treaty making reformed by the 1996 reform of the government of Australia? The reform seem to enhance the role of the parliament. Furthermore, can the pariament refuse to enact implimenting legislation?