In the Torres Strait there already exists a treaty.[1] This treaty recognises the traditions and customs, the traditional way of life and livelihood of Aboriginal and Torres Strait Islander people living in the Torres Strait. However, Torres Strait Islanders are not a party to this treaty, and protecting and preserving Torres Strait culture is not a primary concern of this treaty. The recognition and protection of certain rights in the treaty has been beneficial for Indigenous people living in the Torres Strait to the extent that these rights are protected in a treaty governed by international law, but inadequate to the extent that such rights are limited by and subject to domestic legislation.