Commonwealth Of Australia And Another v. State Of Tasmania And Others

Abstract

International law in general — Relation to municipal law — Treaties — Federal State — Effect of conclusion of treaty by Federal Government on legal powers of States — The law of Australia

States as international persons — In general — Sovereignty and independence — Conduct of foreign relations — Foreign relations power in a federal State — Effect of conclusion of treaty by Federal Government on legal powers of States — The law of Australia

State responsibility — Nature and kinds of — For taking of, or interference with, property — Acts and regulations prohibiting construction of dam — Restriction of use of property — Whether a taking — Acquisition of property on just terms — What constitutes acquisition — Substance of property — Whether system of compensation fair and acceptable — The law of Australia

The individual in international law — Minorities — Protection of minorities — Aboriginals — Protection of cultural heritage — Power to legislate for race for which special laws deemed necessary — Whether law protecting cultural heritage of universal value also a special law — The law of Australia

Treaties — Conclusion and operation — Effect of municipal legislation — UNESCO Convention for the Protection of the World Cultural and Natural Heritage, 1972 — National Parks and Wildlife Conservation Act 1975 (Commonwealth) — Prohibition of dam construction authorized by Tasmania — Whether within power of federal legislature — Whether an acquisition of property — The law of Australia

Treaties — Interpretation — Principles and rules of interpretation — UNESCO Convention for the Protection of the World Cultural and Natural Heritage, 1972, Articles 4 and 5 — Undertaking to take appropriate measures — Whether illusory obligation — Relevance of travaux preparatoires — The law of Australia

Treaties — Interpretation — Consideration of preparatory work — UNESCO Convention for the Protection of the World Cultural and Natural Heritage, 1972, Articles 4 and 5 — Undertaking to take appropriate measures — Travaux preparatoires — Whether admissible Whether displacing natural construction of the language — The law of Australia

Treaties — Conclusion and operation — Operation and enforcement — UNESCO Convention for the Protection of the World Cultural and Natural Heritage, 1972 — Construction — Consideration of travaux préparatoires — Whether binding obligations imposed on State party

Implementation — Constitutional limitations — Federal States — Treaty-implementing power of federal legislature — National Parks and Wildlife Conservation Act 1975 (Commonwealth) and Regulations thereunder — World Heritage Properties Conservation Act 1983 (Commonwealth) and Regulations thereunder — Gordon River Hydro-Electric Power Development Act 1982 (Tasmania) — Prohibition of dam construction — Whether within Commonwealth powers — External affairs power — Commonwealth Constitution section 51(29) — Whether mere implementation of treaty obligation enough — Matter of international concern — Effect of federal clause of Convention — Extent of conformity required between treaty and legislation

Power to legislate for race for which special laws deemed necessary — Commonwealth Constitution Section 51(26) — Aboriginals — Protection of cultural heritage of race — Whether law protecting heritage of universal value also a special law — Acquisition of property on just terms — Whether an acquisition — Restriction of use of property through regulations — Whether a taking — System of compensation — The law of Australia