International law and the Murray-Darling Basin Plan

Donald R. Rothwell

    Research output: Contribution to journalReview articlepeer-review

    8 Citations (Scopus)

    Abstract

    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.

    Original languageEnglish
    Pages (from-to)268-280
    Number of pages13
    JournalEnvironmental and Planning Law Journal
    Volume29
    Issue number4
    Publication statusPublished - 2012

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