What is the main limitation of treaties?

• A. They create domestic law automatically
• B. They may not create domestic legislation that fully give effect to the treaty
• C. They require referendums in all cases
• D. They are only symbolic

Answer: (B)

Treaties are international agreements, and in Australia their domestic legal effect depends on Parliament turning them into law. Under a dualist system, international treaties don’t automatically become part of Australian law; they require implementing legislation to give them real force in courts and for individuals to rely on them. So the main limitation is that a treaty may not create domestic law that fully gives effect to its terms unless Parliament passes the necessary laws.

Some treaties can have direct effect if Parliament enacts specific provisions or if constitutional arrangements allow, but that isn’t guaranteed for every treaty. The other options aren’t accurate: treaties don’t automatically create domestic law, they don’t require referendums in all cases, and they aren’t merely symbolic once implemented.