Navigational rights and freedoms and the new law of the sea
In: Publications on ocean development 35
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In: Publications on ocean development 35
In: Brill research perspectives. The law of the sea v. 1, issue 3
In: Routledge advances in maritime research 12
In: Antarctic and Southern oceans law and policy occasional papers 3
Both the Water Act 2007 (Cth) and the Murray-Darling Basin Plan rely to a significant extent upon Australia's international legal obligations under "relevant international agreements" to provide not only a constitutional basis for the legislative schema but also a foundation for how the Commonwealth has sought to develop the Plan. This raises issues regarding the extent of the international legal obligations in those agreements, the relevance of each agreement, and whether - consistent with High Court jurisprudence - the Act and Plan are consistent with aspects of the Commonwealth's s 51(xxix) power with respect to "external affairs". This article reviews these issues and comments on the relationship between international law and the Act and the Plan.
BASE
Both the Water Act 2007 (Cth) and the Murray-Darling Basin Plan rely to a significant extent upon Australia's international legal obligations under "relevant international agreements" to provide not only a constitutional basis for the legislative schema but also a foundation for how the Commonwealth has sought to develop the Plan. This raises issues regarding the extent of the international legal obligations in those agreements, the relevance of each agreement, and whether - consistent with High Court jurisprudence - the Act and Plan are consistent with aspects of the Commonwealth's s 51(xxix) power with respect to "external affairs". This article reviews these issues and comments on the relationship between international law and the Act and the Plan.
BASE
In: The Brown Journal of World Affairs, Band 15, Heft 1
In: ANU College of Law Research Paper No. 21.18
SSRN
In: The Australian yearbook of international law, Band 38, Heft 1, S. 344-348
ISSN: 2666-0229
In: International legal materials: ILM, Band 58, Heft 2, S. 414-438
ISSN: 1930-6571
On August 24, 2018, the secretariat of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) released its report and recommendations on its review of the introduction from the sea of sei whales (Balaenoptera Borealis) by Japan. The report was prepared by the secretariat under CITES Article XIII for consideration at the 70th meeting of the CITES Standing Committee, which met in Sochi, Russian Federation, from October 1 to 5, 2018.
In: ANU College of Law Research Paper No. 19.16
SSRN
Working paper
In: ANU College of Law Research Paper No. 14-48
SSRN
In: Proceedings of the annual meeting / American Society of International Law, Band 107, S. 272-275
ISSN: 2169-1118