Public international law workPublic international law work

Public international law work

2 Public international law work of the following kinds is tied to the Attorney‑General’s Department, AGS and also, in relation to sub‑paragraphs (a) to (d), the Department of Foreign Affairs and Trade. (a) International litigation and arbitration (ie Government to Government) This work covers proceedings before the International Court of Justice, a World Trade Organisation dispute panel or appellate body, an arbitral tribunal or some other form of internationally constituted tribunal. (b) Advice involving Australia’s or another country’s obligations under international law This work covers requests concerning Australia’s or another country’s obligations under international law generally or under a particular treaty to which Australia or the country is a party. It also, more indirectly, covers requests for advice under legislation which implements a treaty where the obligations under that treaty are an issue. For example, a request for advice about whether certain conduct by the Commonwealth is permitted by legislation which implements a treaty might give rise to a question whether Australia had met its international law obligations under that treaty. However, it does not cover advice on procedural aspects of an exercise of power under the legislation where those procedural aspects are unrelated to a question of Australia’s international law obligations. (c) Advice on treaty negotiation This work covers legal advice preparatory to, or in the course of, treaty negotiations.

Note: Australian treaty practice, as reflected in the Department of Foreign Affairs and Trade manual Negotiation, Conclusion and Implementation of International Treaties and Arrangements, will be relevant to this category of advice.

(d) Advice on implementing a treaty (including bilateral agreements)

This work includes advice on changes to legislation and practice necessary to become a party to a treaty. (e) Domestic litigation involving a significant public international law issue This work covers litigation where a court will or may decide whether Australia or another country has acted in conformity with its international law obligations (including as an incidental or indirect aspect of the case). Litigation involving legislation which implements a treaty will not be tied if it merely involves interpretation of that legislation or of the treaty for the purposes of applying that legislation and it does not raise the question whether Australia has complied with its international obligations.

Note 1: A reference to a ‘treaty’ in this paragraph includes international instruments of less than treaty status (eg memoranda of understanding between Australia and other countries and non‑binding declarations and recommendations adopted by international organisations).