Chapter 1 - Introduction

  1. Introduction
    1. The Joint Standing Committee on Treaties (JSCOT) was appointed by the Commonwealth Parliament to inquire into any treaty to which Australia has become a signatory, upon the treaty being tabled in the Parliament or as referred by a Minister.[1]
    2. The Committee's resolution of appointment empowers it to inquire into and report on:
  1. matters arising from treaties and related National Interest Analyses and proposed treaty actions and related Explanatory Statements presented or deemed to be presented to the Parliament;
  2. any question relating to a treaty or other international instrument, whether or not negotiated to completion, referred to the committee by:
  1. either House of the Parliament; or
  2. a Minister; and
  1. such other matters as may be referred to the committee by the Minister for Foreign Affairs and on such conditions as the Minister may prescribe.[2]
    1. Prior to tabling, major treaty actions are subject to a National Interest Analysis (NIA), prepared by the Australian Government. The NIA considers the treaty, outlines the treaty obligations and any regulatory or financial implications, and reports the results of consultations undertaken with state and territory governments, federal, state and territory agencies, and with industry or non-government organisations.
    2. The Committee takes account of the NIA in its examination of the treaty text, in addition to other evidence taken during the Inquiry.
    3. The treaties, and matters arising from them, are evaluated to ensure ratification is in the national interest, and that unintended or negative effects on Australia do not arise.
    4. This report contains the Committee’s review of the following major treaty actions:
  • Amendments to Appendices I, II and III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora
  • Australia-Tuvalu Falepili Union
  • Exchange of Notes to extend the Exchange of Notes constituting an Agreement between the Government of Australia and the Government of the United States of America to Amend and Extend the Agreement concerning the Conduct of Scientific Balloon Flights for Civil Research Purposes of 16 February 2006.
    1. The Amendments to Appendices I, II and III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) amend the species listed in Appendices I, II and III of the convention as decided at the 19th Conference of the Parties held in November 2022 in Panama City. While the majority of listing amendments have no implications for Australia, the listing of the pygmy bluetongue lizard (Tiliqua adelaidensis), four marine species (requiem sharks, hammerhead sharks, guitarfish, and sea cucumbers), and seven plant species do have some trade implications for Australia. CITES is a multilateral environmental agreement that regulates the international trade in wild fauna and flora via the listing of species in Appendices based on the basis of scientific assessments and analysis of international trade data.
    2. The Australia-Tuvalu Falepili Union is a legally binding partnership between Australia and Tuvalu that enhances development, creates human mobility pathways and facilitates cooperation between the two nations on matters related to climate change and regional security. The treaty elevates Australia’s existing relationship with Tuvalu and improves Australia’s standing in the Pacific through a display of good neighbourliness.
    3. The Exchange of Notes to extend the Exchange of Notes constituting an Agreement between the Government of Australia and the Government of the United States of America to Amend and Extend the Agreement concerning the Conduct of Scientific Balloon Flights for Civil Research Purposes of 16 February 2006 extends a mutually beneficial agreement between Australia and the United States. Cooperation on space-related activities between the two nations dates back to 1957, with the extension of the existing agreement allowing for the US to continue using existing facilities in Woomera for the launching, tracking, recording and recovery of scientific balloons in Australian territory.
    4. A copy of the treaties considered in this report and the associated documents may be accessed through the Committee’s website at: https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Treaties.

Footnotes

[1]Joint Standing Committee on Treaties (JSCOT), ‘Role of the Committee’, https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Treaties/Role_of_the_Committee.

[2]Joint Standing Committee on Treaties (JSCOT), ‘Resolution of Appointment, https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Treaties/Resolution.