This presentation on international Treaties covers the International Convention on Treaties, and how it can govern the making of treaties. It also covers how, if the Convention does not apply, (such as for example if the Australian Government ignores the Convention or continues its state of war), then the customary international law applies instead.
This has several consequences. First, two parties in a state of continuing war cannot execute a treaty between them. They must first cease the war and execute a Treaty of Friendship. Any power purporting to enslave another people is at war with them. The enslavement and the consequent slavery must stop. This also applies to the two corollaries of slavery, genocide and torture. They must stop, or else there can be no treaty. Second, any treaty negotiated and drafted through fraud, or through a fraudulent process, will be invalid right from its very start. The presentation fully describes deceit and fraud, and the causal relationship between them. Third, treaties can be put together from multiple and disparate documents. Fourth, the person who signs the Treaty must have appropriate State powers. A mere appointed special agent, with strictly limited powers, cannot validly sign and execute a Treaty.
Since a treaty is similar to a that part of a contract called an agreement, but without a Court to enforce it, there must be a valid offer and a valid acceptance. Thus, the First Nations party to the treaty must be in receipt of third-party externally derived military advice, to prevent the treaty’s descent into war.
Thus, if the Supreme Court of New South Wales, as the mouthpiece of the Crown, made a decision with which the First People’s state agreed, then that decision’s document can be ratified and accepted by the appropriate person with state powers of the First People’s state in question. Putting all these ratified documents together will constitute a valid Treaty.
Biography: Dr Gary Lilienthal holds a Sydney University law degree, a Sydney College of Law Graduate Diploma in Legal Practice, a Melbourne masters degree in Freudian psychoanalysis and a Perth doctorate in the history and development of intellectual property law.
He is widely published internationally, with around 50 scholarly publications to his credit, thus representing acceptance by, and incorporation into, the international community of scholars. Around 11 of his scholarly publications are now indexed by the prestigious ISI and SCOPUS international accreditation bodies.
Dr Lilienthal has supervised several research students to the completion of their doctorates. He now chairs a United Nations accredited NGO, which operates a collaboration of scholars from around the world. In the last year, this collaboration has published several scholarly papers internationally in the field of Agricultural Law, explaining how Western European corporate interests systematically usurp indigenous farmers’ rights. Two years ago, he delivered a suite of three keynote lectures on Australian First Peoples’ Allodial Title at the University of Notre Dame in Broome, Western Australia.
Dr Lilienthal has written and published a series of three scholarly publications on Australian Aboriginal Human Rights and Land Law, including one published by the Denning Law Journal in the United Kingdom, one used in open argument in Court by the Chief Justice of the ACT Supreme Court, and one explaining how the Australian First Peoples’ Songlines map out an inextinguishable communal Aboriginal allodial land title, subsisting throughout the continent of Australia.
Dr Lilienthal is currently in the process of publishing a suite of research on the character and operation of Diplomatic Law, with three scholarly publications now in press.
Short selection . . . .
1. The Australian ‘Songlines’: Some Glosses for Recognition. James Cook University Law Review, vol. 23, 2017.
2. Communis Opinio and Jus Cogens: A Critical Review on Pro-Torture Law and Policy Argument. Journal of East Asia & International Law, 10 (2), 2017.
3. Public Duty to Disclose Corporate Corruption through the Lens of Misprision of Felony. Malaya Law Journal 4 (49), 020-039, 2017.
4. The South China Sea Islands Arbitration: Making China's Position Visible in Hostile Waters. Asia-Pacific Law & Policy Journal 18 (2), 1-42, 2017.
5. Law of Assisted Reproductive Surrogacy in Malaysia: a Critical Overview. Commonwealth Law Bulletin, 42 (3), 355-374, 2016.
6. Australian Aboriginal Human Rights and Apprehended Bias: Skirting Magna Carta Protections? Denning Law Journal, 27 (1), 146-177, 2015.
7. The Trans-Pacific Partnership and Forced Labour: A Comparative Analysis of the China and Malaysia Positions.
8. Constructive Adverse Possession of Allodial Title: Mere Colour of Title, Supreme Court of the Australian Capital Territory 2016 (Refshauge ACJ, Cited … 2016).
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