The Knesset - Research and Information Center Background Document on: The Role of the Parliament in the Ratification of International Treaties and Agreements Comparative Survey Presented to the Constitution, Law and Justice Committee July 10, 2003 Written by Ms. Dafna Ben-Porat and Ms, Hodaya Kain Research Assistants, Professional supervision and approval: Ms. Dana Neufeld, Head of Team Translated from Hebrew, Dr. Susan Hattis Rolef Table of Contents 1. Introduction 2. Australia 3. The Czech Republic 4. Denmark 5. Finland 6. France 7. Germany 8. Great Britain 9. Ireland 10. Italy 11. The Netherland 12. New Zealand 13. Portugal 14. South Africa 15. Sweden 16. The United States 1. Introduction This document was prepared at the request of attorney Sigal Kogut, the Legal Advisor of the Constitution, Law and Justice Committee, for the deliberations of the Committee on the subject of "A Proposed Constitution with Broad Consensus". The document reviews the role of parliament in the approval of international treaties and agreements in Australia, the Czech Republic, Denmark, Finland, France, Germany, Great Britain, Ireland, Italy, the Netherlands, New Zealand, Portugal, South Africa, Sweden, and the United States. An international treaty, as defined in the Vienna Convention regarding the Law of Treaties, 1969 is "an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation". A distinction is made between an "ordinary agreement" and a treaty: an ordinary agreement goes into effect by force of the signature by the representatives of the states that are party to the agreement, while a treaty goes into force only after being ratified. This distinction is made to facilitate the task of the executive branch in its international contacts, and free it from the requirement to ask for the approval of parliament for every agreement.1 The issue of the role of parliament in the approval of international agreements and treaties, is on the agendas of many parliaments around the world, especially in this period, in which many public matters are settled by means of international law, and the status of international bodies is becoming progressively stronger. These processes create the need of parliaments to be more involved in foreign policy and the ratification of treaties.2 The survey below incidcates, that on the whole, foreign policy and the signing of international treaties and agreements, are almost exclusively under the responsibility of the executive branch. Nevertheless, in all the countries, parliament has a certain role to play in the approval of international treaties and agreements. In most of the countries surveyed there is an obligation of approval by the parliament of treaties, and only of certain agreements (the Czech Republic, Denmark, Finland, France, Germany, Ireland, Italy, South Africa, and Sweden). In several countries the approval of parliament is required for every treaty or agreement, with few exceptions (the Netherlands, the United States). In several countries the parliament's approval is not required, but the treaty or agreement must be laid on the parliament's table, by force of law or custom (Australia, Great Britain, New Zealand). In Israel the Government has the authority to sign international treaties and ratify them.3 According to the Basic Law: the President of the State, the President signs "treaties with foreign countries, that were approved by the Knesset".4 1 The Knesset Research and Information Center, The Role of Parliament in the Approval of International Agreements and Treaties, written by Judith Galili, May 15, 2002. (Hebrew) 2 The Israel Democracy Institute, "The Role of Parliaments in the Approval of International Treaties", Parliament No. 22, December 1998, pp. 8-10. (Hebrew) 3 Amnon Rubinstein and Barak Medina, The Constitutional Law of the State of Israel, fifth edition, Jerusalem and Tel-Aviv, Shocken Publishers, 1996, pp. 8-10 (Hebrew) 4 Article 14(a)(5) in the Basic Law: the President of the State The process of ratifying treaties in Israel is not laid down by means of explicit legislation, but on the basis custom. In general, there is no obligation to receive the consent of the Knesset for the signing of treaties, but over the years a custom has evolved under which the Government brings to the Knesset for its approval, treaties of special importance, before they are ratified and go into force. The Government Rules of Procedure stipulate that it is possible to bring to the Government for its ratification an international treaty only after it has been deposited with the Knesset secretariat for at least two weeks, in the course of a session.5 Over the years several bills have been tabled on this issue. For example, MK Nahum Langental, Tsahi Hanegbi, Tamar Gozansky, and Avraham Hirschson,6 proposed that the existing custom in the Government Rules of Procedure and the Instructions of the State Attorney, according to which the Government does not approve a treaty, which requires ratification, unless it has been laid on the Knesset table for 14 days, be applied by law. Furthermore, a special procedure was proposed regarding treaties, whose ratification is urgent. The proposal also included a provision, according to which a debate should take place in the Knesset plenum on a certain treaty at the request of twenty Knesset Members, and the Government will not be entitled to ratify this treaty before it is approved by the Knesset.7 2. Australia The Australian Constitution grants Parliament legislative powers in the sphere of foreign affairs.8 Nevertheless, there are no stipulations in the Constitution regarding the establishment of contacts by means of international treaties, or their ratification. In practice, the Government is authorized to join treaties and ratify them, and Parliament decides whether to implement them by means of legislation.9 According to custom, treaties, including the amendment of treaties, or withdrawal from them, are laid on the table of the Parliament for at least 15 sitting days, before being ratified.10 The Government lays the proposed text of the treaty on Parliament's table, together with a "National Interest Analysis", that provides background about the proposal, and details regarding it.11 There is a divergence from this procedure only when the Foreign Secretary 5 The Knesset Rules of Procedure, Decisions on Matters of Procedure, Bringing Treaties for the Consideration of the Knesset Members, before Ratification. 6 International Treaties Bill (approval by the Knesset), 5760- 2000, Bills P/2164 7 It should be noted that that the Bill includes a provision, which enables the Minister for Foreign Affairs, in certain cases, to dispose in writing of the requirement to lay certain treaties on the Knesset's table, after consulting the Minister of Defense and the Minister of Justice. 8 Article 51 in the Australian Constitution. 9 Parliament of Australia - Department of Parliamentary Library, Federal Parliament's Changing Role in Treaty Making and External Affairs, Anne Twomey (consultant), March 7, 2000. 10 11 Ibid. Such an analysis must include details regarding the economic, environmental, social and cultural ramifications of joining the treaty, the undertakings that it imposes, the manner in which it is to be implemented in the country, the costs involved, and consultations that took place with the regional governments, community bodies, and other bodies concerned. declares that a certain treaty is especially urgent or sensitive, and involves foreign trade, strategy or foreign policy interests.12 It should be noted that there is a Joint Standing Parliamentary Committee on Treaties, for the two Houses. The function of this Committee is to examine all the Government proposals regarding treaties, and to report on them, before the Government takes any binding action in this regard. This Committee is authorized to investigate issues that emerge from the treaties, and it is used to getting representatives of the Government, and others, to testify, in public hearings. At the end of its work, the Committee presents a report to Parliament, that includes recommendations on the question whether Australia ought to join the treaty, and additional issues that came up during the examination.13 3. The Czech Republic According to the Czech Constitution, the consent of the Poslanecka Snemovna (the Czech parliament) is required for the ratification of international agreements on the following subjects: agreements that concern the rights and duties of persons, peace agreements, alliances or any political treaty, agreements by which the Czech Republic would be joining an international organization, agreements of an economic nature, or agreements on other issues that require legal arrangements.14 According to the Rules of Procedure, the Poslanecka Snemovna debates international agreements that require ratification, before the ratification, or upon withdrawal from them.15 Regarding the procedure, it is necessary to lay on the table of the Poslanecka Snemovna at least one copy of the original version of the agreement, and one copy of a translation into Czech. The instructions of the Rules of Procedure that apply to debates on bills, also apply to debates on international agreements (with the exception of several articles). After the debate on the agreement in first reading, the Committee that deliberates the agreement shall inform the President of the Poslanecka Snemovna whether it has decided to recommend that the House express its consent to the agreement's ratification. The President shall ensure that the Committee’s decisions are referred to the Members of the Poslanecka Snemovna at least 24 hours before the debate in second reading. A parliamentary debate takes place on the agreement and on the Committee’s recommendations, after which the Poslanecka Snemovna will decide whether it will give its consent to the ratification. 4. Denmark16 The Danish Constitution stipulates that the authority regarding international matters is in the hands of the King. Nevertheless, the Constitution deals in detail with matters on which the consent of the Folketinget - the Danish parliament - is required: an act that leads to a 12 Information from the website of the Australian Parliament, http://www.aph.gov.au/house/committee/jsct/ppgrole.htm. 13 Ibid. 14 Article 49 in the Constitution of the Czech Republic 15 Article 108 in the Rules of Procedure of the Poslanecka Snemovna. 16 Article 19 in the Danish Constitution. change in the territory of the State, entering an obligation that requires cooperation with the Folketinget, an obligation of crucial importance in any other manner, and the use of armed forces against a foreign state (excluding defense requirements against military attack). In addition, the consent of the Folketinget is required to withdraw from an international treaty, which the Folketinget originally approved. The Constitution also stipulates that the Folketinget shall appoint, from among its members, a Foreign Affairs Committee, and the Government is obliged to consult with it before adopting decisions on matters of crucial importance, connected with foreign policy. 5. Finland The Finnish Constitution grants the authority to conduct the foreign affairs of the State to the President and the Government. Nevertheless, the Constitution elaborates on the issues, for which the consent of the Riksdagen - the Finnish parliament - is required, regarding international obligations by the State, before they may enter into force, or in order to bring about a withdrawal from them.17 The consent of the of the Riksdagen is required on issues of war and peace.18 In addition, the consent of the Riksdagen is required for treaties (or other international obligations), that include articles of a legislative nature, treaties that are important for other reasons, or treaties requiring the approval of the Riksdagen on the basis of the Constitution.19 The approval of the Riksdagen is also required to withdraw from these treaties. The decision of the Riksdagen regarding its consent for international commitments is adopted by a majority vote, and the legislative procedure is an ordinary procedure. Nevertheless, if the commitment concerns the Constitution, or requires a change in the borders of the State, a two-thirds majority is required.20 In addition to the aforesaid, the Constitution lays down the right of the Riksdagen to receive information regarding foreign policy. Inter alia, it has been laid down that the parliamentary Foreign Affairs Committee is authorized to receive from the Government, upon demand, reports regarding foreign and defense policies.21 6. France22 According to the French Constitution, the authority to hold negotiations and ratify treaties, is in the hands of the President. Nevertheless, treaties on important subjects are to be approved or ratified only by means of an act of the parliament. These include peace treaties, trade treaties, treaties or agreements connected to an international organization, or those involving a financial commitment of the State, a change in the territory of the State, an 17 Article 93(1) in the Finnish Constitution. 18 Ibid. 19 Article 94(1) in the Finnish Constitution. 20 Article 94(2) in the Finnish Constitution. 21 Article 97 in the Finnish Constitution. 22 Articles 52-55 & 83 in the French Constitution. amendment of legislation, or dealing with the status of individuals. These treaties or agreements enter into force only after being approved or ratified. The President of the State, the President of the National Assembly, or sixty members of the National Assembly or Senate, are entitled to ask the Constitutional Court to rule that an international agreement is in contradiction to the Constitution. In such a case the agreement will be approved or ratified only after the Constitution is amended.23 The Constitution lays down special procedures regarding bills, that concern the ratification of treaties or the approval of international agreements, that do not require ratification.24 7. Germany The Basic Law grants the Government the power to engage in international treaties.25 Nevertheless, the Constitution stipulates that treaties which regulate the political relations of the State, or are connected with legislation, require the consent, or involvement of the Bundestag (the German parliament), by means of legislation.26 "Political treaties" in this context include, inter alia, military alliances, disarmament treaties, and peace treaties. A treaty is considered political if it concerns the survival of the State, its borders and independence, or its status in the international community, and if its intention and content are directed at controlling the State's political relations.27 It would appear that the criteria in this respect are vague, and there remains a gray area in which controversies could emerge between the Bundestag and the Government regarding the classification of a treaty.28 The Rules of Procedure of the Bundestag stipulate special provisions regarding legislation for the approval of treaties on the above mentioned issues.29 8. Great Britain30 The British Parliament has no official role regarding engagements by means of treaties. Nevertheless, according to the constitutional practice that is termed "The Ponsonby Rule", every treaty or agreement that require the Government's ratification, are presented to 23 Article 129 in the Rules of Procedure lays down the procedure in this case. 24 Article 128 in the Rules of Procedure. 25 Article 32 in the German Basic Law. 26 Article 59 in the German Basic Law. The Basic Law lays down that in such cases the consent of the parliamentary body, that is authorized to pass laws on the specific issue, is required. 27 Julia Yoo, "Participation in the Making of Treaties: The United States and Other Federal Systems", Columbia Journal of Transnational Law, 2003. 28 See footnote 2. 29 For example, article 78 in the Rules of Procedure stipulates that other bills must pass three readings, while treaties in the said categories require only two readings. Article 81(4) in the Rules of Procedure stipulates that it is not possible to vote on parts of the treaty, but only on the treaty as a whole. 30 House of Commons Information Office, Treaties, Factsheet P14 Procedure Series, revised April 2003. Parliament at least 21 working days before the ratification, so that Parliament can express its opinion on them. The assumption is that within three weeks a debate will take place in the House of Commons regarding every important or controversial treaty. Under this rule the Government must report to Parliament on every agreement, obligation and understanding that require the State to take action under certain circumstances. In addition, there is a custom according to which treaties that have direct budgetary ramifications, require the consent of Parliament, due to their effect on State revenue. We are speaking in particular about bilateral agreements, that are designed to prevent double taxation. In October 2000 the British Government adopted several recommendations from Parliament's Procedure Committee Report regarding the "Parliamentary Scrutiny of Treaties".31 The Government undertook to present to the Committee, whose field of activity covers the subject of the agreement, a copy of each treaty which has been laid on the table of Parliament, according to the said Ponsonby Rule, accompanied by explanatory comments, for purposes of supervision. The Committee is entitled to refer the copy to other committees. The Committee has at its disposal 21 days to examine the treaty, and the Government is entitled to consent to prolong this time limit. 9. Ireland The Irish Constitution stipulates that the authority regarding the foreign affairs of Ireland is in the hands of the Government, but international agreements turn into part of the law of the land, only on the basis of a decision of parliament.32 According to the Constitution, the Government is obliged to lay any international agreement that it has joined on the table of Parliament. In addition, the State may not engage in any international agreement that involves the expenditure of public funds, unless the Parliament has approved the conditions of the Agreement. These two obligations do not apply to agreements or treaties of a technical or administrative nature.33 After the treaty has been laid before Parliament for a defined period of time, without any objections having been received, this is viewed as "a tacit consent".34 10. Italy The Italian Constitution stipulates that the ratification of the Parliament is required only for the following treaties: treaties of a political nature, treaties that lay down arrangements regarding arbitration or judgement, treaties that require a change in the territory of the State, treaties that involve financial obligations, or treaties that involve legislative 31 For the Committee's second report see: http://www.publications.parliament.uk/pa/cm199900/cmselect/cmproced/210/21003.htm. 32 Article 29 in the Irish Constitution. 33 Ibid. 34 See footnote 1. amendments.35 The ratification of the treaties takes place by means of a law in the usual procedure.36 11. The Netherland On the basis of the 1983 Dutch Constitution, the early approval of the States General the Dutch parliament - is required to engagements in treaties or withdrawal from them. The procedure for granting the approval, and the cases in which an approval is not required, were to be laid down by law. In this respect, the Constitution enables approval by means of "tacit consent". The Constitution also stipulates that the provisions of a treaty that contradict the Constitution, or are liable to contradict it, must be approved by at least a two thirds majority of the participants in the vote, in the first and second States General.37 As stated above, the Constitution authorized the legislative authority to settle by law the approval procedure, and the cases in which the approval of the States General is not required. But this law has not yet been enacted. In the meantime, the arrangement from the 1972 Constitution remains in force. This arrangements lays down the following: Regarding the procedure for granting the approval, before the treaties are ratified, the Government must present them before the two States General for approval. The approval of the States General can be given explicitly or implicit (i.e. "tacit consent"). If within 30 days from the day on which the treaty is presented to the States General no demand has been expressed by one of the Houses, or at least one fifth of the members of each of the Houses, to the effect that the treaty requires an explicit approval by the States General, this will be considered an implicit approval. In any other case an explicit approval is required, and this shall be granted by means of a law of the States General.38 The 1972 Constitution elaborates on which agreements do not require the approval of the States General. These include agreements that deal with the implementation of an agreement that was approved by the States General, as long as the law that approves the agreement does not stipulate otherwise; an agreement that does not impose significant financial obligations on the States, and was signed for a period of no more than a year; an urgent agreement, regarding which the State interest requires its entry into force without delay, before being approved by the States General (such an agreement will be presented, in any event, for the approval of the States General, without delay).39 35 Article 80 in the Italian Constitution. 36 Article 72 in the Italian Constitution. 37 Article 91 in the Dutch Constitution of 1983. This constituted a significant change from the provisions of the 1972 Constitution. The previous Constitution stipulated a detailed arrangement regarding the role of the States General, while the current Constitution empowers the legislative authority to lay down the details of the arrangement. From: Van Dijk, Pieter & Tahzib, Bahiyyih G., "Symposium on Parliamentary Participation in the Making and Operating of Treaties, Europe: Parliamentary Participation in the Treaty Making Process of the Netherlands", Chicago-Kent Law Review, 1991 38 Article 61 in the Dutch Constitution of 1972. 39 Article 62 in the Dutch Constitution of 1972. 12. New Zealand According to the Rules of Procedure of the House of Representatives, the Government is obliged to present the following treaties to the House: treaties that require ratification, approval, accession or acceptance, and withdrawal from them; treaties that underwent one of these procedures urgently, due to some national interest; bilateral treaties of central importance, that do not require ratification, approval or acceptance by some other means, that the Minister for Foreign Affairs and Trade decided should be presented to the House of Representatives. The treaty must be presented to Parliament accompanied by a "national interest analysis", that provides background to the proposal, and details about it.40 The treaty and the national interest analysis are referred to the Foreign Affairs, Defense and Trade Committee (Hereinafter - "the Foreign Affairs Committee"), which examines them or refers them to another committee for examination. If the Foreign Affairs Committee is unable to convene within seven days from the day on which the treaty was presented, and the subject matter of the treaty is clearly within the competence of another committee, the Speaker of the House of Representatives will refer the treaty to the other committee for examination and reporting to the House. The Committee must consider whether to call the attention of the House of Representatives to certain aspects of the treaty. The Committee must add the national interest analysis as an appendix to the report. 13. Portugal41 According to the Portuguese Constitution, the authority to ratify treaties is in the hands of the President. Nevertheless, the Assembly of the Republic has the authority to approve international agreements regarding matters that are under its exclusive authority: agreements involving the State's accession to international organizations, friendship agreements, peace agreements, defense agreements, military agreements, and any other agreement that is presented to the Assembly of the Republic by the Government. Regarding all other treaties, the authority of approval is in the hands of the Government. 14. South Africa The South African Constitution stipulates that the holding of negotiations and the signing of international agreements are within the competence of the executive branch. Nevertheless, 40 This analysis deals with the following points: the reasons for joining the treaty, advantages and disadvantages of the treaty going into force; obligations that will apply to the State by force of the treaty; a position regarding the reservations attached to the treaty; economic, social, cultural and environmental ramifications of entry or non-entry of the treaty into force; costs resulting from the treaty; possibilities for amending the treaty, and the ramifications of the amendment; means that could or should be adopted to implement the treaty, and the Government's intention regarding these means (including legislation); the consultations that took place, or should take place with the community and bodies concerned, relating to the possibility of withdrawal from the treaty, or its termination. Regarding a treaty that was ratified urgently, the analysis must include an explanation of the reasons for the adoption of the urgent action. 41 Articles 138, 164, and 200 in the Portuguese Constitution. the approval of Parliament is required so that these agreements shall be binding. This approval is granted by the two Houses of Parliament.42 Despite the aforesaid, the Constitution stipulates that international agreements of a technical, administrative or executive nature, or agreements that do not require ratification or accession by the executive branch, are binding without the need for parliamentary approval. These agreements must be laid on the table of Parliament within a reasonable period of time.43 The Rules of Procedure of the Lower House - the National Assembly - lay down the procedure for approving agreements in the Assembly.44 The Rules of Procedure stipulate that a copy of the agreement, with the addition of an explanatory note, shall be presented to the Speaker of the Assembly. The Speaker must lay the agreement and explanatory note on the Assembly's table, and refer them to one of the Assembly's committees that is responsible for the issue, or any other committee that the assembly might decide upon, for the purpose of examination and reporting. The Committee must examine the agreement in order to recommend approval or rejection. The Committee is entitled - and with the instruction of the Speaker must - consult the Foreign Affairs Committee, and any other committee of the Assembly that is directly concerned with the subject of the agreement. Finally, the Committee must present a report to the Assembly, with a recommendation whether to approve the agreement, or reject it. This report will be enjoined to a motion for the agenda, for the adoption of a resolution by the Assembly. Regarding an international agreement of a technical, administrative or executive nature, or an agreement that does not require ratification or accession, but which must be laid on the Parliament's table under the Constitution - the Speaker must refer it to the relevant committee, or to any other committee, on the basis of the Assembly's decision, for the receipt of information 15. Sweden45 According to the Swedish Constitution, the consent of the Riksdagen (the Swedish parliament) is required for international agreements that necessitate legislation, the amendment of a law or its cancellation, or the adoption of a resolution by the Riksdagen in any other way. When a special procedure is laid down for the adoption of a resolution by the Riksdagen, the same procedure applies to the approval of the agreement as well. In addition, the approval of the Riksdagen is required for agreements of special importance. Nevertheless, the Government can act without the consent of the Riksdagen when this is required for reasons of national interest. In such a case the Government must consult with the Foreign Affairs Advisory Council (heretofore - "the Council"). The membership of the Council consists of the President of the Riksdagen, and nine additional Members of the Riksdagen. The Government is obliged to convene the Council at the request of at least four members of the Council. The Government is obliged to report 42 Article 231 in the South African Constitution. 43 Ibid. 44 Articles 306-308 of the National Assembly Rules of Procedure. 45 Article 1-9 of the Tenth Chapter in the Swedish Constitution. regularly to the Council on matters of special importance connected with the foreign relations of the State, and consult it on such matters as required, before adopting a decision. 16. The United States The Constitution of the United States stipulates that the President has the authority to engage in treaties only in consultation with the Senate and its consent, on the basis of a resolution adopted by two thirds of the Members of the Senate present.46 The consent of the Senate is required only at the end of the process, before the treaty is ratified, and if the Senate objects, it is entitled to condition its approval upon certain reservations, understandings or declarations.47 The Senate Rules of Procedure stipulate that the procedures in connection with the examination of treaties (their referral to a committee, a majority being required at every stage, etc.).48 Over the years three types of procedure have developed in the United States regarding the signing of international agreements: for treaties, for sole executive agreements, and for Congressional-executive agreements. As stated, the Constitution relates to treaties, but there is a certain vagueness as to which procedure should be followed. The State Department issued rules regarding the procedure to be followed, including an approach to the legal advisor of the Department concerned for advice. Thus, in practice, the executive branch is responsible for the balance between the Senate and the House of Representatives on this issue, as well as on the manner of supervision over its engagement in international agreements. 46 Chapter II article 2 to the US Constitution. 47 Yoo, Julia, "Participation in the Making of Treaties: the United States and other Federal Systems", Columbia Journal of Transnational Law, 2003. 48 Rule XXX in the Rules of Procedure. Sources Books and Articles The Israel Institute for Democracy, "The role of parliaments in the approval of international treaties", Parliament, December 22, 1998, pp. 8-10. (Hebrew) Lapidot, Ruth, "The place of public international law in Israeli law", Mishpatim, 19, 4 1990, pp. 807-829. (Hebrew) Rubinstein Amnon & Barak, Medina, The Constitutional Law of the State of Israel, fifth edition, Shocken publishers, Jerusalem and Tel Aviv, 1996, pp. 793-96. (Hebrew) Chen, Mai, "Unfinished Business? The Evolving Role of Parliament in Executive Treaty Making in New Zealand", paper delivered at the ANZSIL/ASIL 2000 Conference on "International Legal Challenges for the 21st Century", Canbara, 28 June, 2000. Tiitinen, S., "The Role of Parliament in the Conduct of Foreign Relations", Constitutional and Parliamentary Information, 173, 1997, pp. 55-71. Van Dijk, Pieter & Tahzib Bahiyyih G., "Symposium on Parliamentary Participation in the Making and Operating of Treaties: Europe Parliamentary Participation in the Treaty Making Process of the Netherlands", Chicago-Kent Law Review, 1991. Yoo, Julia, "Participation in the Making of Treaties: the United States and Other Federal Systems", Columbia Journal of Transnational Law, 2003. Background papers The Knesset Research and Information Center, The Role of Parliament in the Approval of International Treaties and Agreements, Judith Galili, May 15, 2002. (Hebrew) House of Commons Information Office, Treaties, Factsheet P14, Procedure Series, revised April 2003. Parliament of Australia - Department of Parliamentary Lib rary, Federal Parliament's Changing Role in Treaty Making and External Affairs, Anne Twomey (consultant), March 7, 2000. Websites Constitutions website of the ICL, http://www.uni-wuerzburg.de/law. Date of entry: July 6, 2003. The Australian Parliament, http://www.aph.gov.au/house/committee/jsct/ppgrole.htm . Date of entry: July 6, 2003.