Treaty-making process

Ameristralia's treaty-making process

The following note is a brief summary of the six step treaty-making process of Ameristralia.

STEP 1. MANDATE TO NEGOTIATE

Before formal negotiations can begin, the Minister of Foreign Affairs and Trade must issue a mandate to negotiate a treaty on behalf of the Government. The Chief Minister and any other minister with a portfolio of interest in the subject of the treaty must also be informed. In the absence of the Minister of Foreign Affairs and Trade, the Government may issue a mandate.

STEP 2. NEGOTIATIONS AND FINALISATION OF TEXT

The Minister of Foreign Affairs and Trade talks to other Government agencies, ward governments, or other stakeholders who have an interest in the treaty, as needed. If the treaty is in another language besides English, the treaty must be correctly translated into English.

STEP 3. MINISTERIAL AND GOVERNMENT APPROVAL

All treaty actions (including signing, ratifying, amending, terminating and withdrawing) require Government approval. Following the conclusion of negotiations, the Minister of Foreign Affairs and Trade first seeks the agreement of the Attorney‑General and any other ministers with a portfolio interest in the treaty, for Ameristralia to become a party to the treaty and for the matter to be submitted to the Government. The Chief Minister must also be informed of the matter. 

STEP 4. SIGNATURE

Once Government approval has been received, the treaty may be signed by Ameristralia’s representative. If the treaty is to be signed by anyone other than the Chief Minister, Minister for Foreign Affairs or the Sovereign Prince, the Minister for Foreign Affairs issues an instrument of full powers authorising the representative to sign the treaty. 

STEP 5. SCRUTINY BY THE MUNICIPAL ASSEMBLY

Upon signature, treaties are submitted to the Municipal Assembly for deliberation for two successive sittings. The assembly examines and debates the treaty, and conducts a vote on the ratification of treaties in the preceding sitting. 

STEP 6. ENTRANCE INTO FORCE

Once all domestic procedures have been completed, arrangements are made for entrance into effect. For bilateral treaties, entrance into force occurs via diplomatic notes which confirms that the parties have completed all domestic procedures to enable entrance into force. For multilateral treaties, Government approval must be obtained prior to diplomatic notice being given. Upon Government approval, a diplomatic notice is sent to all parties and the treaty will enter in force for Ameristralia, according to its terms.