This article discusses Australia's diplomatic approach and steps in the making of a treaty. It also highlights the mis-implementation of trade laws and its impact on bilateral relations with China and USA.
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Running head: INTERNATIONAL RELATION AND GLOBAL ECONOMY 1 1 1 International relation and global economy Name Institutions Professor Course Date
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INTERNATIONAL RELATION AND GLOBAL ECONOMY 2 Q 9.1 Australia has attempted to achieve its diplomatic aims several times; the most common incident is the Vienna Convention. The convention was aimed at establishing diplomatic relations with various countries globally. It was established on 14th April 1981 and held on 18th April 1981 at the NeueHofburg in Vienna, Austria. The convention came into effect on 24th April 1964. It comprised of 60 nations as the signatories. The second instance is when the Australian embassy in America expressed its compliments that some parts of the treaty were not compatible with Australia's position, in so doing Australia wanted to fulfill its diplomatic obligations by pressuring the American government not to publish the treaty citing that it would not have any additional purpose of the Australia sanction of the treaty. Australia based its diplomatic approach on ideology, this situation made Australia go out of the way given that the country enjoyed benefits with the US such as trading, culture, military benefits as well as political benefits.According to Laurence the tread that Australia exerted could have led to the termination of the treaty. (2009). Secondly, some of the trade relations that Australia enjoyed with China were not implemented accurately. The trade laws were drafted to protect both countries and let them enjoy mutual benefits, the same case applied to the USA, Consequently, the mis-implementation of these laws led to Australia ruining the bilateral relations it had with China and USA. This as a tremendous impression hence Australia was privileged to experience trading relations with superpowers regarding that China is rapidly advancing in technology and USA has a humungous economy which would have aided Australia in strengthening its economic ties (Arthur 2011)
INTERNATIONAL RELATION AND GLOBAL ECONOMY 3 Q 9.2 Steps in the making of a Treaty Proposal This is the process where the parties making the treaty need to come to an agreement on how they want to make the treaty. The treaty must be based on something; it might be on political grounds, religious grounds or in terms of trade relations. This is the part where the parties decide what matters will be incorporated in the treaty (Brennan, 2005). Negotiations This is where the parties in need of the treaty recommend by means of deliberation the treaty they will need to make their agreement effective. This might involve adding or discarding the content on the treaty they had initially proposed of creating. Draft document A draft document in a treaty is a summary of the treaty being created. It is one of the maturing stages of a treaty. It refers to a document that is a product of the two parties’ proposals and negotiations in the initial stages. The parties produce their cohesive thoughts and ideas and table them, then formulate the ideas into a draft document (Tobin 1993). Final draft These are the concluded ideas that make a treaty. The ideas will then be suddenly adopted into an agreement that might later come into effect. Authentication of the final text
INTERNATIONAL RELATION AND GLOBAL ECONOMY 4 This is a pivotal stage in the treaty-making process, it involves verification of the final document and government endorsement, in addition, the document must be signed by all parties in accordance to the international treaty. The principal reason for this stage is to ascertain that the document is authentic and genuine. Consent to be bound This is a stage where the state or other organizations of international law concerned with treaty-making will consent, the appropriate body, therefore, ensures that the treaty fulfills the obligations of the international law before it extends into effect. Ratification: Ratification comprises the head of the body governing international law consenting to the treaty; this is where the treaty is verified whether or not it is against the constitution of the international law. In some cases, the treaty might be enacted by members of parliament who are conversant with the constitution in order to ensure it aligns with the law. Treaty enters into force; a treaty cannot enter into action when it is adopted. Consequently, in the treaty-making process, it is defined when the treaty comes into effect.
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INTERNATIONAL RELATION AND GLOBAL ECONOMY 5 References Arthur, S. (2011).US Treaty-making with Americans Indians.Dept of Govt, Harvard University. Brennan, S. (2005).Treaty. Annandale, N.S.W.: Federation Press. Laurence, R .H (2009)Terminating Treaties, Virginia L R 157. Tobin H, (1993)The Termination of Multipartite Treaties, (Columbia University Press, New York 1993)