As a sovereign state, Australia is in a position to enter into agreements with other states. The ratification of international treaties does not imply the transfer of sovereignty to an international body, but creates international rights and duties. The Council of Justice has been mentioned 19 times in the UPR NGO/NHRI compilation report, including the withdrawal of reservations about international conventions, the administration of justice and the rule of law, indigenous peoples and migrants, refugees and asylum seekers. This is one of three reports reviewed by the UPR working group to assess the human rights record in Australia. The report is written by the Office of the High Commissioner and consists of information from civil society and national human rights institutions, such as the AHRC. There were 16 individual NGO applications and 5 joint applications/NGO coalitions. The AHRC also made submissions. As a sovereign state, Australia is able to enter into agreements with other states and other states clearly recognize that the Australian government alone is able to enter into valid agreements with other states. The legal basis for this is the Constitution. Although there is no explicit power to enter into a treaty in the Constitution, the High Court has interpreted section 61 of the R/Burgess Constitution so that it has the power to enter into contracts with other countries. (3) Once a contract is concluded, Section 51 (xxix) authorizes Parliament to legislate to implement the provisions of the treaty in order to meet our international obligations under this Treaty.
However, the High Court did not say that international treaties have no effect if there is no national legislation. Indeed, the majority considered that the ratified international treaties could not be directly used as a source of individual rights and obligations, but that the act of ratification was a positive statement by the executive government. The act of ratification was seen as a sufficient basis for individuals to have the right to believe that government decision-makers would act in accordance with the Treaty. (5) In addition, contracts have often been used by Australian courts to help resolve legislative ambiguities and develop the common law. International treaties must follow certain steps in order for them to be binding on international law. This option requires the executive to receive Parliament`s approval on the text of an international treaty before signing. This is probably the simplest way to increase contract control before execution. In 1966, Australia signed the International Convention on the Elimination of All Forms of Racial Discrimination (CERD) and Australia ratified cERD in 1975. The CERD is a UN convention that aims to promote ideas of racial equality while creating a legal framework to address issues of racial discrimination through legal procedures. International law is characterized by its consensual nature and is very different from national law.
The application of international law is difficult and is often achieved through political mechanisms rather than purely legal mechanisms. In general, the rules of international law are characterized by two factors. One is the actual practice of the state (i.e. when states systematically follow a particular practice in their relations) and the other is the intention of states to be bound by practice. If there is a practice so often followed by states, and when states, if they follow practice, prove that they are bound by practice, then it becomes a customary rule of international law. In other words, customary international law is the set of general principles that are accepted and respected by most states to the point of making them mandatory. As soon as a state practice achieves this widespread acceptance, it will crystallize into a rule of international law or a “usual international standard.” Although the government considers that the ratified treaties have only a limited effect until they are implemented by national legislation (20), the ratification act is considered binding in law