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. The domestic implementation of international instruments requires specific legislative action. However, as Australia is a federation and many matters referred to in treaties relate to areas of legislative responsibility traditionally exercised by the States and Territories, the domestic implementation of obligations assumed by the Commonwealth Executive can give rise to difficulties. While the Executive is competent to enter into international agreements, the Commonwealth, State and Territory Parliaments may prevent Australia from fulfilling its international obligations.