The influence of international environmental law on Australian courts

The impact of internatonal environmental law upon Australian law and institutions has grown significantly in recent decades. Since the 1983 decision by the High Court of Australia in Commonwealth v. Tasmania (Tasmanian Dam), there has been a growing awareness of the impact of international environmental law upon Australia and the important role that the courts will play in the process of interpreting and implementing the law. Because of Australia's federal system, this impact has not only been at the federal or national level, but also at the State level where specialist environmental courts and tribunals have been influenced by international developments. The purpose of this article is to review these developments, particularly through an analysis of the decisions of the courts, and to assess the influence international environmental law currently has upon Australian courts and whether that influence may grow in the future.