Describe the relationship between international treaties and the external affairs power. - VCE - SSCE Legal Studies - Question 3 - 2018 - Paper 1

The relationship between international treaties and the external affairs power is crucial in understanding how Australia engages with the international community.

International treaties are formal agreements between countries that are governed by international law. In Australia, the external affairs power is derived from Section 51(29) of the Constitution, which grants the Parliament the ability to make laws concerning 'external affairs'. This provision has been interpreted by the High Court to include the power to implement international treaties into domestic law.

This means that when Australia enters into an international treaty, it can legislate to give effect to the treaty within its borders. The High Court has confirmed that the external affairs power not only allows for compliance with treaties but also grants the Parliament the authority to broaden the scope of legislation related to international obligations. For instance, treaties such as the Tasmanian Dam Case illustrate how the external affairs power has been used to enact laws that respond to international commitments, even if those laws extend beyond traditional notions of foreign affairs.

Furthermore, treaties can influence the interpretation of existing laws, thus reinforcing their significance within the Australian legal framework. Therefore, the external affairs power and international treaties are interconnected, as the former provides the mechanism through which Australia enacts its international commitments domestically.