INTERNATIONAL TREATY MAKING AND THE ROLE OF THE STATES

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Appendix 1: Glossary

AIDA

Australia-Indonesia Development Area Agreement.

ASEAN

Association of South-East Asian Nations.

BIMP-EAGA

Brunei/Indonesia/Malaysia/Phillipines - East ASEAN Growth Area.

COAG

Council of Australian Governments, a regular meeting of the heads of Australian government together with a representative of the Australian Local Government Association.

Customary International Law

That body of rules governing relations between countries which has developed over the centuries out of the practices of governments in conducting international relations. Its relation to treaty law is something like the relation common law bears to legislation. It is sometimes referred to as "the law of nations".

DFAT

Department of Foreign Affairs and Trade.

Domestic Law

The law of a particular country, determined by that country's constitutional processes and administered by that country's courts.

External Affairs Power

The power granted to the Commonwealth Parliament by Section 51 (xxix) of the Australian Constitution, to "make laws for the peace, order, and good government of the Commonwealth with respect to ... External affairs".

ILO

International Labour Organisation.

International Law

The law which binds countries in their relations to one another. It includes the rules of customary international law, as well as rules agreed to by countries in the treaties they make. It is administered by international bodies such as the United Nations and the International Court of Justice, as well as informally, by way of diplomacy and international relations.

JSCT

Commonwealth Parliament Joint Standing Committee on Treaties.

Leaders' Forum

A regular meeting of the Premiers and Chief Ministers of the States and Territories.

MOU

Memoranda of Understanding, an international agreement which does not create obligations at international law.

NIA

National Interest Analysis, a document prepared by the Commonwealth Government to inform the Commonwealth Parliament of the effects of a treaty Australia is proposing to enter into, and the Government's intentions in negotiating the treaty. If a treaty is one in which the States are seen as having a major interest, the Commonwealth will seek the input of State Governments in drafting the NIA, particularly with regard to the way in which the treaty is likely to affect the States.

SCOT

Standing Committee on Treaties, a meeting of senior officials representing the States and Territories and the Commonwealth. It acts as a secretariat to the Treaties Council.

Treaty

A formal agreement between national governments binding at international law. A treaty may be multi-lateral (that is, have many countries party to it), or bilateral (that is, be a treaty between just two countries). International custom is for bilateral treaty negotiations to remain confidential until the treaty is signed.

Treaties Council

An adjunct to COAG, made up of all heads of Australian government together with the Minister for Foreign Affairs. It was created by COAG on June 14^th 1996, to consider and advise on the federal implications of Australia's treaty implications.

UN

United Nations. The United Nations Charter created the post-World War II international legal order, and has something like constitutional status in contemporary international law.