Process of Ratifying Treaty Flashcards
1
Q
Explain the process in ratifying a treaty including the role of reservations
A
A treaty originates as an agreement between two or more nations.
In Australia, the executive branch, under 61 of the Constitution, is given the power to negotiate and agree to treaties.
However, for these agreements to be fully accepted into Australian law they first need to be ratified by the legislative branch, which is the branch with the power to create law.
This ratification occurs when a Bill is passed by the Parliament which mirrors the terms of the original treaty.
Terms of the treaty which are not included in the Bill do not become part of domestic law, and are known as reservations.
