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International Treaties - Melbourne Manual for International Law Citation ( MMILC )

International Treaties

From MMILC

Contents

General Rule

<Treaty Name>, opened for signature <full date>, <treaty series citation>, <pinpoint> (entered into force <full date>).

Treaty Name

Rule The treaty name should be in italics, as it appears on the first page of the treaty, except that:
  • full stops should not be used in abbreviations, in accordance with the Punctuation rule; and
  • capitalisation should adhere to the Capitalisation rule.
Example Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, opened for signature 23 September 1971, 974 UNTS 177 (entered into force 26 January 1973).

Dates

'Opened for Signature' Rule

Rule For most multilateral treaties, states can consent to be bound after the date on which the treaty is opened for signature. If this is the case, then:
  • the full date on which the treaty was opened for signature should be included between the treaty name and the treaty series citation; and
  • the full date on which the treaty entered into force (or, if not yet in force, then the phrase 'not yet in force' or 'due to enter into force <full date>') should be included in parentheses at the end of the citation.
Example International Covenant on Economic, Social and Cultural Rights, opened for signature 16 December 1966, 999 UNTS 3 (entered into force 3 January 1976).

'Signed by All Parties' Rule

Rule Where the treaty was signed by all the parties on the same day, but entered into force on a different day, then:
  • the full date on which the treaty was signed by all the parties should be included, between the treaty name and the treaty series citation; and
  • the full date on which the treaty entered into force (or, if not yet in force, then the phrase 'not yet in force' or 'due to enter into force <full date>') should be included in parentheses, at the end of the citation.
Example Agreement between the Government of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland Providing for the Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters, signed 23 August 1990, [1994] ATS 27 (entered into force 1 September 1994).

'Signed and Entered into Force on Same Day' Rule

Rule Where the treaty was 'signed by all the parties and entered into force on the same day, then only the phrase 'signed and entered into force <full date>' should be included in parentheses, at the end of the citation.

NOTE: This is common in bilateral treaties.

Example Agreement between the Government of Australia and the Government of the United States of America Relating to Cooperation on Antitrust Matters, 1369 UNTS 43 (signed and entered into force 29 June 1982).

Parties’ Names

Rule
  • If the names of the states parties to a bilateral treaty do not appear in the title, they should be listed after the date of signature and should be separated by an en-dash.
  • It is not necessary to list the parties to a multilateral treaty.
Example Convention for the Avoidance of Double Taxation with Respect to Taxes on Income and Capital, signed 20 November 1978, Canada–Romania, 1467 UNTS 241 (entered into force 29 December 1980).

Treaty Series

Rule
  • All treaties should be cited according to the most authoritative citation, which is usually the United Nations Treaty Series (‘UNTS’).
  • The order of preference for citations is:
  • a primary international treaty series, eg the UNTS OR the League of Nations Treaty Series (‘LNTS’);
  • the Australian Treaty Series (‘ATS’);
  • an official treaty series of the other state party, eg the United States Treaties and Other International Agreements (‘UST’);
  • another international treaty series, eg the Consolidated Treaty Series (‘ConTS’).
  • If the treaty is not published in a treaty series, other materials such as the International Legal Materials (‘ILM’) may be cited.
  • Parallel citations should not be used.
  • When citing the Treaty Series, for example 1465 UNTS 85:
  • The first number (1465) refers to the volume number
  • The second number (85) refers to the page on which the Treaty starts
Examples Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, opened for signature 10 December 1984, 1465 UNTS 85 (entered into force 26 June 1987).

Slavery Convention, opened for signature 25 September 1926, 60 LNTS 253 (entered into force 9 March 1923).

Treaty between Australia and the Republic of Indonesia on the Zone of Cooperation in an Area between the Indonesian Province of East Timor and Northern Australia, opened for signature 11 December 1989, Australia–Indonesia, [1991] ATS 9 (entered into force 9 February 1991) (‘Timor Gap Treaty’).

Agreed Measures for the Conservation of Antarctic Fauna and Flora, opened for signature 2 June 1964, UKTS 1978 No 45 (entered into force 12 November 1982).

United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses, opened for signature 21 May 1997, 36 ILM 700 (1997) (not yet in force).

Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, opened for signature 16 September 1988, [1989] OJ L 319 (entered into force 1 January 1992).

Pinpoint

Rule
  • The same numbering system as the treaty uses should be used for specifying articles in both the text and footnotes, ie art IV; art 34. Page numbers should not be cited.
  • The pinpoint reference must go before the date of entry into force, and is preceded by a comma.
  • The following abbreviations should be used in pinpoint references to a treaty within the text or in section titles, except where the word appears at the start of a sentence:
article

articles

section

sections

subsection

subsections

paragraph

paragraphs

schedule

schedules

appendix

art

arts

s

ss

sub-s

sub-ss

para

paras

sch

schs

app

Rule
  • If several consecutive articles, sections or paragraphs are referred to, the first and last of these articles, sections or paragraph numbers should be included and should be separated by an en-dash.
  • If the articles, sections or paragraphs cited are not consecutive, the article, paragraph or section numbers should be separated by commas rather than ‘and’.

For example:

consecutive:

non-consecutive:

arts 5−8

ss 5, 7, 9

Rule
  • For treaties, the first and last numbers of a span should be written in full. That is, the page span rule does not apply here.

For example:

arts 32−38

Subsequent References to Treaties

Rule
  • If a treaty is cited frequently, an officially designated short title or common abbreviation may be used after the initial full citation.
  • The initial citation should contain the abbreviated treaty name in single quotation marks and italics, enclosed by parentheses after the date of entry into force:

<Treaty Name>, opened for signature <Full date>, <treaty series citation>, <Pinpoint> (entered into force <Full date>) (‘<Abbreviated Treaty Name>’).


In subsequent references, ‘above n’ may be used:

<Abbreviated Treaty Name>, above n <fn no>.

Draft Conventions and Draft Treaties Rule

Rule <Drafting Body>, <Title>, <Doc no>, <Full date>.

Memoranda of Understanding

Rule
  • Memoranda of understanding are to be cited in the same way as treaties, except that a UN Document Number should be included if available:

<Memoranda of Understanding Name>, opened for signature <Full date>, <Treaty Series Citation>, <UN Doc no (if available)>, <Pinpoint> (entered into force <Full date>).

Location

General Treaty Links

  • Westlaw: select the ‘Directory’ link from the top right of the screen, then click on:

International/Worldwide Materials → Multi-National Materials → Legislation (or for the second stage, click another area such as European Union)

  • Lexis: In the ‘Look for a Source’ box click on:

Areas of Law — By Topic → International Law

United Nations Treaty Series

  • UNTS online: http://untreaty.un.org/English/treaty.asp.
  • This site provides both the UNTS citation and information on the Status of Multilateral Treaties.
  • Hard copy at the University of Melbourne Law Library: UniM Law KC 10 U5 UNIT vols 1–10 (1947–1999).

Australian Treaty Series

Consolidated Treaty Series

  • 1648–1920: Hard copy at the University of Melbourne Law Library – UniM Law KC 10 C6 CONS

League of Nations Treaty Series

1920–1946: Hard copy at the University of Melbourne Law Library – UniM Law KC 10 L4 LEAG

International Legal Materials

  • 1962–2000: Hard copy at the University of Melbourne Law Library – UniM Law Periodicals INTE vols 1–39.
  • 1962 onwards: Lexis.
  • 1980 onwards: Westlaw.
The Melbourne University Law Review Association and the Australian Guide to Legal Citation do not endorse these rules and the rules contained in the MMILC do not in any way modify or change the rules contained in the Australian Guide to Legal Citation

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