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 to 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.
    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. The report contains the Committee’s review of the following major treaty actions:
  • Comprehensive Economic Partnership Agreement between Australia and the United Arab Emirates
  • Agreement between the United Arab Emirates and Australia on the Promotion and Protection of Investments
    1. The Comprehensive Economic Partnership Agreement between Australia and the United Arab Emirates (CEPA) establishesAustralia’s first trade agreement with the United Arab Emirates (UAE), including a stand-alone chapter covering First Nations trade and investment.
    2. The CEPA seeks to diversify Australian trade by eliminating tariffs on over 99 per cent of Australian goods exported to the UAE and will provide exporters, investors and service providers with a greater certainty of access and regulatory conditions. Once fully implemented it is estimated that the CEPA will increase Australian exports by approximately A$678 million per year.
    3. The Agreement between the United Arab Emirates and Australia on the Promotion and Protection of Investments (UAE Investments Agreement) was signed alongside CEPA and forms an integral part of the CEPA package, further assisting in diversifying Australia’s trade and investment opportunities. The UAE’s leading Sovereign Wealth Funds contain an aggregate of US$1.4 trillion in assets, including significant investments in Australia in sectors such as renewable energy, agribusiness, tourism, health and aged care, and resources.51F The Agreement provides significant scope to expand this two-way investment with the UAE.
    4. The UAE Investments Agreement was negotiated as a separate stand-alone treaty at the request of the UAE. This is the UAE’s usual practice and includes investment protections and non-discrimination provisions which provide certainty to Australian and UAE investors.
    5. The UAE Investments Agreement does not include Investor-State Dispute Settlement provisions; however, it does establish a Council on Investment to promote economic cooperation between Australia and the UAE.
    6. The report also contains the following minor treaty actions:
  • 2023 Amendments to Annexes A and B of the Minamata Convention on Mercury
  • 2024 Amendment to Annex I of the International Convention against Doping in Sport
  • Amendment to Appendix III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora
    1. A copy of the treaties considered in this report and the associated documents may be accessed through the Committee’s website at: www.aph.gov.au/Parliamentary_Business/Committees/Joint/Treaties.

Footnotes

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