Andrew Southcott (Boothby, Liberal Party) Share this | Hansard source

On behalf of the Joint Standing Committee on Treaties I present the committee’s report entitled Report 72: Treaties tabled on 29 November 2005 (2): amendments to the Statute of the Hague Conference on Private International Law of 31 October 1951; Universal Postal Union: Seventh Additional Protocol to the Constitution of 10 July 1964, as amended: Convention, and Final Protocol; General Regulations; annex G: settlement of disputes to the Stockholm Convention on Persistent Organic Pollutants; Agreement between the Government of Australia and the Government of the Republic of Turkey on the Reciprocal Promotion and Protection of Investments.

Ordered that the report be made a parliamentary paper.

by leave—Report 72 contains the findings and recommendations of the committee’s review of four of the five treaty actions which were tabled in parliament on 29 November 2005. Members may recall that the committee’s review of a prisoner transfer agreement with Hong Kong was also tabled on that date and was included in Report 71. Report 71 was subsequently tabled in parliament last month. The four treaty actions included in Report 72 relate to amendments to private international law, amendments to the Universal Postal Union, amendments to the Convention on Persistent Organic Pollutants and a promotion and protection of investments agreement with Turkey. I will comment on all four treaties reviewed.

The proposed amendments to the Statute of the Hague Conference on Private International Law allow regional economic integration organisations to seek membership of the conference, change the procedure for amending the statute and provide for the equal authenticity of the statute in French and English. At present, the European Community is the only REIO seeking membership of the Hague conference. The statute is the constitution of the Hague Conference on Private International Law, and these amendments represent the first changes made to the statute since it entered into force in 1945. There are currently 36 conventions that have been negotiated through the Hague conference.

The amendments to the Universal Postal Union and convention will assist in developing a more efficient and effective international postal service. The amendments to the Final Protocol to the Universal Postal Convention incorporate the reservations lodged by Australia and other Universal Postal Union members. Reservations applied to one country are applied on a reciprocal basis to other member countries. Australia’s reservations are outlined in the report.

Another treaty reviewed by the committee, the amendments to the Stockholm Convention on Persistent Organic Pollutants, provides for new settlement dispute procedures to the convention. The Stockholm Convention on Persistent Organic Pollutants aims to protect human health and the environment from persistent organic pollutants. This treaty action provides for dispute settlement for the convention through arbitration, submission to the International Court of Justice and conciliation procedures. Under article 18 of the convention, parties are obliged to settle disputes through negotiation or other peaceful means. Parties may make a declaration accepting arbitration of the International Court of Justice. The convention provides that, where a party has not made a declaration or where parties to a dispute have not accepted the same means of dispute settlement, the default dispute settlement is conciliation. Australia is currently considering whether to make a declaration.

The committee also reviewed a promotion and protection of investments agreement with Turkey. This agreement will encourage and facilitate bilateral investment between Australia and Turkey. In view of the fact that Australia’s major trading partners have such agreements with Turkey, in 1999 the Australian government made an in-principle decision to negotiate an investment promotion and protection agreement with Turkey. Turkey is recognised by the International Monetary Fund as one of the highest returning markets on investment, with a relatively open and transparent investment regime. While investment between Australia and Turkey is currently small, this agreement will encourage and facilitate bilateral investment between countries, providing the potential for increased trade.

The committee heard that a number of Australian companies are currently looking at investing in Turkey over the next few years in the areas of energy, infrastructure and mining. Other Australian companies have already won tenders for development projects in Turkey, including a major investment by an Australian company in Turkey’s oil sector and other investments in the agriculture sector. Turkey’s new laws on mining and foreign investment are expected to continue to encourage foreign investment in the Turkish energy sector.

The committee also heard that Australia’s Turkish community was identified as a potential source of investment funds. However, the committee found that no formal consultation about the agreement had taken place with Australia’s Turkish community during the negotiating period. This reflects on the consultation undertaken in relation to the treaty, which the committee found had been inadequate and should have been undertaken.

In conclusion, the committee believes it is in Australia’s interest for the treaties considered in Report 72 to be ratified. I commend the report to the House.

See this speech in context