WHO treaty should be ratified by Parliament not Cabinet
by Kev Moore
No Australia is not losing ” sovereignty” to the WHO and China next week.????
Explainer – The Treaty Process in Australia
9 April 2018 |
This explainer sets out the legal process that underpins how a treaty is created under International Law and then incorporated into Australian domestic law. Definitions of key terms related to the treaty process have been taken from the United Nations and the Department of Foreign Affairs and Trade .
What is a Treaty?
Australia becoming a party to a treaty is a legal process.
The Australian law recognises that a treaty is:
… an agreement between States (countries) which is binding at international law. In some cases international organisations can be parties to treaties. Even if a document is agreed between two or more sovereign countries, it will not be a treaty unless those countries intend the document to be binding at international law. DFAT
Section 61 of the Australian Constitution allows Australia to enter into treaties as an exercise of Executive Power. Treaties are then tabled in both Houses of Parliament.
A treaty is generally tabled after it has been signed for Australia, but before any treaty action is taken which would bind Australia under international law. DFAT
The legal process for Australia to sign, ratify or accede/implement to an international agreement/treaty is set out below:
Signature – agreement in principle, but not legally bound by the treaty.
Ratification – a binding agreement that Australia will implement the treaty. In the case of a multi-lateral United Nations agreement an instrument of ratification prepared by the Australian Department of Foreign Affairs and Trade is deposited with the UN Secretary-General after being approved by the Governor-General in Council.
Accession/Implementation – the Parliament implements the agreement as an Act of Parliament
Example: the Racial Discrimination Act 1975 (Cth) implements the Convention for the Elimination of Racial Discrimination
“Entry into force for Australia 1 November 1945”
In force generally
24 October 1945 description
Charter of the United Nations [UN]
Notes and references to published text
Signed for Australia 26 June 1945 by F M Forde and H V Evatt. Instrument of ratification deposited for Australia 1 November 1945. Entry into force for Australia 1 November 1945. Also applies to Norfolk Island.
It may be of interest to know that Australia ratified the full text of the United Nations Charter as a treaty in 1945 and in so doing gave away its sovereignty. Communist “Doc”Evatt and dupe, P.M. Ford signed on behalf of Australia.
Charter of the United Nations, as amended  ATS 1
[ To understand the UN, see the book, “THE FEARFUL MASTER A SECOND LOOK AT THE UNITED NATIONS” by G. Edward Griffin ]
“Government is not reason;
it is not eloquence;
it is force! Like fire,
it is a dangerous servant
and a fearful master!”