Australia's entry into a treaty does not automatically create any direct legal obligation owed to the people within the nation who are ultimately intended to benefit from the terms of these treaties. The breach of a treaty obligation does not give rise to a cause of action which can be brought by an individual person before any Australian or international court. It may be useful to consider the nature of Australia's obligations, and the character of the rights which flow from them, in the context of a specific instrument. The States Parties to the present Covenant, Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world. Recognising that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his economic, social and cultural rights.
All peoples have the right of self-determination.
By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. The act of signing a treaty does not render it binding under international law. Legal obligations arise only after the terms of the signed treaty are ratified. Once formal ratification has been made, Australia is obliged to undertake such measures as are necessary to fulfil the terms of the international agreement to which it is a party. The Australian system of constitutional law, like the British, requires more than the ratification of a treaty for it to apply as part of our domestic law.