UNIDROIT

Key documents at bottom of this article
Q: On 17 March 1975 Gough Whitlam signed a declaration recognising the jurisdiction of international court. Where is that document published?
AI A: Based on the search results provided, the declaration signed by Gough Whitlam recognizing the jurisdiction of the International Court of Justice was published in the United Nations Treaty Series. Specifically:

  1. The declaration was deposited with the Secretary-General of the United Nations on 17 March 1975 and came into force on the same date.
  2. It is published in Volume 961 of the United Nations Treaty Series.
  3. The full title of the document is “Declaration by Australia recognizing as compulsory the jurisdiction of the International Court of Justice, in conformity with Article 36, paragraph 2, of the Statute of the International Court of Justice”.
  4. The declaration was signed by Edward Gough Whitlam as Prime Minister, acting for and on behalf of the Minister of State for Foreign Affairs of Australia.
  5. The document is dated 13 March 1975, but was deposited with the UN on 17 March 1975.

This declaration withdrew a previous declaration made by Australia in 1954 and recognized the compulsory jurisdiction of the International Court of Justice in relation to any other State accepting the same obligation

Q: Who was Minister of State for Foreign Affairs of Australia at that time?
AI A:

Based on the information provided in the search results, the Minister of State for Foreign Affairs of Australia in March 1975 was Don Willesee. Specifically:

  1. Don Willesee served as Minister for Foreign Affairs from 6 November 1973 to 11 November 1975 in the Whitlam government.
  2. Gough Whitlam himself had briefly held the position of Minister for Foreign Affairs (then called Minister for External Affairs) from 5 December 1972 to 6 November 1973, before handing it over to Willesee.
  3. Willesee’s tenure as Minister for Foreign Affairs covered the period of March 1975, when the declaration recognizing the jurisdiction of the International Court of Justice was signed.

It’s worth noting that during this period, there were also ministers assisting the Minister for Foreign Affairs:

  • Bill Morrison served as “Minister assisting the Minister for Foreign Affairs in matters relating to Papua New Guinea” from 30 November 1973 to 6 June 1975, and then as “Minister assisting the Minister for Foreign Affairs in matters relating to the Islands of the Pacific” from 6 June 1975 to 11 November 1975.

However, Don Willesee was the primary Minister for Foreign Affairs at the time the declaration was signed in March 1975.

Q: In that declaration, it writes: “paragraph 2 of Article 36 of the Statute of the Court”. Which statute of the court is that referring?
AI A: The declaration is referring to the Statute of the International Court of Justice. Specifically:
  1. Article 36, paragraph 2 of the Statute of the International Court of Justice is commonly known as the “Optional Clause”.
  2. This statute is an integral part of the Charter of the United Nations, which Australia ratified on November 1, 1945, as mentioned in the declaration.
  3. The Statute of the International Court of Justice establishes the Court’s organization, competence, and procedures.
  4. Article 36, paragraph 2 allows states to recognize the compulsory jurisdiction of the International Court of Justice in relation to other states accepting the same obligation.
  5. By making this declaration under Article 36(2), Australia was accepting the compulsory jurisdiction of the International Court of Justice for certain types of legal disputes, as outlined in the article.

The declaration signed by Gough Whitlam in 1975 was specifically withdrawing a previous declaration made in 1954 and making a new declaration recognizing the Court’s compulsory jurisdiction under this statute.

Q: When did Australia agree to International Institute for the Unification of Private Law?
AI A:

Based on the search results provided, Australia agreed to join the International Institute for the Unification of Private Law (UNIDROIT) in 2014. Specifically:

  1. On September 10, 2014, Australia deposited its instrument of accession to the 1973 Convention Providing a Uniform Law on the Form of an International Will.
  2. This Convention, also known as the Washington Convention, was developed by UNIDROIT.
  3. The Convention entered into force for Australia on March 10, 2015.

While this doesn’t indicate when Australia officially became a member of UNIDROIT itself, it does show that Australia formally engaged with UNIDROIT instruments in 2014 by acceding to one of its conventions. This suggests that Australia’s involvement with UNIDROIT likely began around or before this time. It’s worth noting that joining UNIDROIT as a member state is a separate process from acceding to individual UNIDROIT conventions. However, the search results don’t provide specific information about when Australia may have become a full member of UNIDROIT as an organization.

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The Declaration by Australia recognizing as compulsory the jurisdiction of the International Court of Justice
https://treaties.un.org/doc/Publication/UNTS/Volume%20961/volume-961-I-13809-English.pdf (URL of UN pdf)
volume-961-I-13809-English (local copy of pdf as at 27.10.2024)

UNIDROIT Principles 2016 https://www.unidroit.org/instruments/commercial-contracts/unidroit-principles-2016/
Unidroit-Principles-2016-English-bl (pdf)

Posted by PMA admin