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WAPolitics and LawQuick questions

Unit 4: Rights, Governance and International Law

Quick questions on International Law and Australia: WACE Year 12 Politics and Law

2short Q&A pairs drawn directly from our worked dot-point answer. For full context and worked exam questions, read the parent dot-point page.

What is australia's treaty process?
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In Australia, the power to enter into treaties belongs to the executive (acting through the Governor-General on advice), reflecting the prerogative over foreign affairs. Since 1996, proposed treaties are tabled in parliament and examined by the Joint Standing Committee on Treaties before ratification, improving transparency, though parliament cannot itself ratify a treaty.
What is incorporation into domestic law?
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Australia follows a dualist approach: international and domestic law are separate systems. Ratifying a treaty creates an obligation on Australia internationally, but it does not automatically change Australian law. To be enforceable in Australian courts, a treaty must be incorporated by Commonwealth legislation.

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