Australian Government: Attorney-General's Department
Australian Government: Attorney-General's DepartmentAchieving a Just and Secure Society

International Law

International law consists of the laws and principles governing actors at the international level. These actors include governments as well as international organisations.

International law is of two main types:

  1. Treaties
  2. Customary international law

The Office of International Law provides legal advice and policy advice to the Attorney General and other agencies.

Treaties

Treaties are the formal instruments of international law.

Treaties come into force internationally upon signature, or upon signature and ratification, depending upon the terms of the instrument. States must formally assent to treaties before they become binding on them.

Further information about treaties, and the treaty-making process in Australia, is available from the Department of Foreign Affairs and Trade – Treaties website.

Customary international law

Customary international law is based upon the practices and views of states (countries). To establish a principle as one of customary international law requires establishing that states for the most part conform to the principle and accept it as one of international law.