What is a treaty?

A treaty is a settlement or agreement arrived at through negotiation. A treaty gives rise to binding obligations between parties who make them. It may outline the rights and responsibilities of the parties as they are agreed upon.

In international law, the word ‘treaty’ has been used to cover a variety of international agreements. According to the 1969 Vienna Convention on the Law of Treaties, a treaty is an agreement between two or more nation-states over matters that they have agreed upon. Enforcement and interpretation of these treaties is governed by international law.

However, a ‘treaty’ can also refer to any agreement or contract and in this sense it can be used to describe agreements made between parties other than nation-states.

Treaties were commonly used by the European nations who recognised Indigenous peoples’ occupancy, ownership and governance of the countries they wanted to colonise.

Although treaties were signed between Indigenous peoples and non-Indigenous peoples in countries such as Canada, the United States and New Zealand, none were made in Australia with Aboriginal peoples or Torres Strait Islander peoples.

From: TREATY let’s get it right! FREQUENTLY ASKED QUESTIONS
National Treaty Support Group ATSIC 2002