Information on how to define, find and cite a Treaty. Also provided information on how to locate Travaux Préparatoires.
Just as Statutes are the main source of Domestic Law in Australia, Treaties have become the key source of Law in International Law. A Treaty is a formally signed and ratified Agreement between two or more Nations or Sovereigns.
It is important to remember that Treaties do not come into force when they are signed. Most Treaties will have a clause which specifies the requirements of the Treaty entering into force. The clause may include a ratification date and a requirement that a certain number of parties have ratified before it can become law.
For more information on Treaties, have a look at this Guide produced by the Inner Temple Library.
Treaties can also be referred to as Agreements, Conventions, Covenants and Protocols. All of these terms have the same legal status, but are not necessarily interchangeable.
A Protocol has the same legal standing as a Treaty, but is generally used to amend, supplement or clarify an existing Treaty. The Kyoto Protocol's parent Treaty is the Convention on Climate Change. Parties of the parent Agreement can choose to ratify the Protocol or not.
See the UN Treaty Handbook glossary for definitions of terminology used with respect to Treaties.
Definitions of key Treaty terms and a glossary of terms relating to Treaty actions, is available from the United Nations Treaty Collection.
To locate a Treaty you can use these databases. Links to various tools are provided below, that you can use to help you find a Treaty.
Please note: If you cannot find a Treaty in the UNTS database, it may not yet be "in force". You will need to look at the International Legal Materials (ILM), Hein Online or use the Australian Treaty Series (ATS) available from AUSTLII.
This Globalex Guide has been compiled by Jonathan Pratter.
It provides an overview of what Travaux Préparatoires are why you may need to look for them.
For more information on how to cite a Treaty or other international legal materials refer to the Australian Guide to Legal Citation.
The Treaty Series Citation consists of a volume number, Treaty series citation abbreviation and page number. For United Nations Treaties, the volume number can be found on the UNTS homepage for the Treaty and the page number can be located by opening the full text of the Treaty.
Example | Agreement regarding the Transfer of the Administration of Justice in the Territories of Northern Slesvig, | Denmark - Germany, | signed 12 July 1921, | 8 LNTS 397 | (entered into force 17 January 1922) | art 1 |
---|---|---|---|---|---|---|
Element | Treaty Title | Parties' Names |
Date Opened for Signature or Signed |
Treaty Series | Date of Entry into Force | Pinpoint |
Rule | 8.1 | 8.2 | 8.3 | 8.4 | 8.3 | 8.7 |
Banner image sources: Image 1, 2, 4, & 5 licensed under CC0 Public Domain license. Image , Image 3 licensed under a CC BY-SA 2.0 license.
Except for logos, Canva designs, AI generated images or where otherwise indicated, content in this guide is licensed under a Creative Commons Attribution-ShareAlike 4.0 International Licence.