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:
|
| 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:
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| 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:
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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For example:
| consecutive:
non-consecutive: | arts 5−8
ss 5, 7, 9 |
| Rule |
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For example:
| arts 32−38 |
Subsequent References to Treaties
| Rule |
<Treaty Name>, opened for signature <Full date>, <treaty series citation>, <Pinpoint> (entered into force <Full date>) (‘<Abbreviated Treaty Name>’).
<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 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)
- The Fletcher School of Law and Diplomacy at Tufts University, Massachusetts: http://fletcher.tufts.edu/multilaterals.html
- 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
- ATS online: http://www.austlii.edu.au/au/other/dfat/treaties/.
- ATS database search and monthly updates on AustLii: http://www.austlii.edu.au/au/other/dfat/.
- Hard copy at the University of Melbourne Law Library: UniM Law KC 12 A82 AUST vols 1989–2001.
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 |
