Strictly speaking – Yes. In general terms – No.

This is where we get totally side-tracked by the word rather than the intent and goal; and strictly speaking, yes, a treaty is an “international agreement”.

Let’s look at a couple of key definitions. First up, the good old Encyclopedia Britannica, which states:

“The term ‘treaty’ is used generically to describe a variety of instruments, including conventions, agreements, arrangements, protocols, covenants, charters and acts. In the strict sense of the term, however, many such instruments are not treaties.” 

According to the Australian Department of Foreign Affairs and Trade:

“A treaty is an international agreement concluded in written form between two or more States (or international organisations) and is governed by international law. A treaty gives rise to international legal rights and obligations.”

Therein lies the crux of the use of the word “Treaty” in the Victorian process. In the strictest sense of the word, it isn’t a Treaty that is being negotiated.

Rather, it is – as explained by Professor Cheryl Saunders in this interview – a “solemn agreement” between parties. In the case of the statewide Treaty, the Victorian Government and the First Peoples’ Assembly of Victoria.

Final Note: Don’t get hung up on the word. It’s the process rather than the word.