International Law: Cases and Materials with Australian Perspectives: Second Edition Donald R

Cambridge University Press 978-1-107-69119-3 - International Law: Cases and Materials with Australian Perspectives: Second Edition Donald R. Rothwell, Stuart Kaye, Afshin Akhtarkhavari and Ruth Davis Frontmatter More information

International Law Second edition

CASES AND MATERIALS WITH AUSTRALIAN PERSPECTIVES

International Law: Cases and Materials with Australian Perspectives is the author- itative textbook on international law for Australian international law students. Written by a team of experts, it examines how international law is developed, implemented and interpreted, and features comprehensive commentary throughout. It balances analysis of international law in a global context with a strong focus on Australian perspectives and practice. All core areas of the law are covered, with chapters on human rights, law of the sea, international environmental law, and enforcement of international law. Cases and treaties are dissected to highlight the key principles, rules and distinctive learning points. This new edition has been thoroughly updated in line with recent developments in the ﬁeld and includes a new chapter on the use of force, as well as expanded content on the enforcement of international law, including sanctions, law enforcement against pirates and the 2011 Libyan conﬂict. International Law provides clear and rigorous analysis and is an indispensable resource for law students.

Donald R. Rothwell is Professor of International Law at the ANU College of Law at the Australian National University.

Stuart Kaye is Professor of Law and Director at the Australian National Centre for Ocean Resources and Security at the University of Wollongong.

Afshin Akhtarkhavari is Associate Professor and Reader in Law at the Grifﬁth Law School.

Ruth Davis is Lecturer in Law in the Faculty of Law, Humanities and the Arts at the University of Wollongong.

© in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-69119-3 - International Law: Cases and Materials with Australian Perspectives: Second Edition Donald R. Rothwell, Stuart Kaye, Afshin Akhtarkhavari and Ruth Davis Frontmatter More information

INTERNATIONAL LAW CASES AND MATERIALS WITH AUSTRALIAN PERSPECTIVES Second edition

Donald R. Rothwell Stuart Kaye Afshin Akhtarkhavari Ruth Davis

477 Williamstown Road, Port Melbourne, VIC 3207, Australia

Published in the United States of America by Cambridge University Press, New York Cambridge University Press is part of the University of Cambridge. It furthers the University’s mission by disseminating knowledge in the pursuit of education, learning and research at the highest international levels of excellence.

www.cambridge.org Information on this title: www.cambridge.org/9781107691193 © Cambridge University Press 2014 This publication is copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press.

First published 2011 Reprinted 2011 (twice), 2012 Second edition 2014 Cover designed by Sardine Graphic Design Typeset by Integra Software Services Pvt. Ltd Printed in Singapore by Markono Print Media Pte Ltd A catalogue record for this publication is available from the British Library A Cataloguing-in-Publication entry is available from the catalogue of the National Library of Australia at www.nla.gov.au ISBN 978-1-107-69119-3 Paperback Reproduction and communication for educational purposes The Australian Copyright Act 1968 (the Act) allows a maximum of one chapter or 10% of the pages of this work, whichever is the greater, to be reproduced and/or communicated by any educational institution for its educational purposes provided that the educational institution (or the body that administers it) has given a remuneration notice to Copyright Agency Limited (CAL) under the Act. For details of the CAL licence for educational institutions contact: Copyright Agency Limited Level 15, 233 Castlereagh Street Sydney NSW 2000 Telephone: (02) 9394 7600 Facsimile: (02) 9394 7601 E-mail: [email protected] Cambridge University Press has no responsibility for the persistence or accuracy of URLS for external or third-party internet websites referred to in this publication and does not guarantee that any content on such websites is, or will remain, accurate or appropriate.

Preface page xiii About the authors xvi Acknowledgements xvii Table of cases xix Table of statutes xxvi Table of treaties and other international instruments xxviii Abbreviations xxxv

1 The nature of international law 1 1.1 Introduction 2 1.2 Nature and signiﬁcance of international law 4 1.2.1 International law, humanity and the rule of law 9 1.2.2 Respect for international law 14 1.2.3 Do rules or norms matter in creating international order? 17 1.2.4 The institutional framework 20 1.3 Public and private international law 24 1.4 The role and nature of participation in international law 27 1.5 The limits of international law 37 1.6 Australian perspectives 46

2 Sources of international law 52 2.1 Introduction 53 2.1.1 Formal and material sources 56 2.1.2 Hierarchy of norms 58 2.2 Customary international law 61 2.2.1 Jurisprudence of the ICJ 63 2.2.2 Local or regional custom 88 2.2.3 The persistent objector 90 2.2.4 A critique of customary international law 93 2.3 Treaties 95 2.4 Treaties and customary international law 98 2.5 General principles of law 105 2.6 Subsidiary sources of international law 111

2.6.1 Judicial decisions 111 2.6.2 Contributions of publicists 115 2.7 Alternative sources of international law 116 2.7.1 UN practices and the formation of international law 117 2.7.2 Soft law 124

3 Law of treaties 127 3.1 Introduction 128 3.2 What is a treaty? 131 3.2.1 Instruments of less than treaty status 133 3.2.2 Unilateral declarations 137 3.3 Treaty negotiation 139 3.4 Treaty creation 142 3.5 Entry into force of a treaty 144 3.5.1 VCLT provisions 145 3.5.2 Australian practice 149 3.6 Reservations, objections and declarations 151 3.6.1 Reservations 154 3.6.2 Declarations 160 3.7 Legal obligations 164 3.7.1 Following entry into force of a treaty 165 3.7.2 By States which have signed but not ratiﬁed the treaty 167 3.8 Treaty interpretation 168 3.8.1 Application of the VCLT rules 170 3.8.2 Australian approaches 173 3.9 Invalidity of a treaty 179 3.10 Suspension or termination of a treaty 183 3.10.1 General provisions 184 3.10.2 Termination as a consequence of material breach 186 3.10.3 Impossibility of performance and fundamental change of circumstances 188 3.11 Treaty amendment and modiﬁcation 192

4 International and municipal law 196 4.1 Introduction 197 4.2 International law in municipal law 199 4.2.1 The monism–dualism debate 199 4.2.2 Transformation and incorporation 204 4.2.3 Impact on municipal law by decisions of international tribunals 207

vi Contents

4.3 Australian law and international law 208 4.3.1 Development of Australia’s international personality 209 4.3.2 The courts and Australia’s developing international personality 213 4.4 International law and its inﬂuence upon the common law 218 4.5 Treaties and municipal law: basic principles 226 4.6 Treaty-making 228 4.7 Municipal implementation of treaties 233 4.8 Treaties and municipal law: the courts 245 4.9 Treaties and municipal law: the legislature 261

5 International legal personality 268 5.1 Introduction 269 5.2 Statehood 271 5.2.1 Permanent population 273 5.2.2 Deﬁned territory 274 5.2.3 Government 277 5.2.4 Capacity to enter into relations 278 5.2.5 The Holy See (Vatican) 280 5.2.6 The status of Taiwan 283 5.2.7 The status of Palestine 285 5.3 Peoples and the right to self-determination 289 5.4 Secession 295 5.5 Recognition of States 301 5.5.1 Recognition of statehood and recognition of governments 303 5.5.2 Criteria for recognition 305 5.5.3 State practice: recognition of the Former Yugoslav Republic of Macedonia 309 5.5.4 Australian practice 314 5.6 International organisations 320 5.7 Other international legal persons 328

6 Sovereignty over territory 332 6.1 Introduction 333 6.2 Occupation 334 6.3 Critical date 352 6.4 Discovery 357 6.5 Accretion 358 6.6 Cession and annexation 360 6.7 Postcolonial critiques 362

Contents vii

6.8 Antarctica 364 6.9 Common heritage of mankind 365

7 Jurisdiction 369 7.1 Introduction 370 7.2 Types of jurisdiction 370 7.3 Territorial jurisdiction 376 7.4 Nationality jurisdiction 386 7.5 Universal jurisdiction 400 7.6 Protective principle 411 7.7 Passive personality jurisdiction 416 7.8 Foreign State immunity 420 7.9 Diplomatic immunity 436

8 State responsibility 445 8.1 Introduction 446 8.2 Basic principles 446 8.3 Wrongful acts 450 8.4 Attributability 455 8.5 Reparation 464 8.6 Defences 469 8.7 Countermeasures 480 8.8 Appropriation of assets 484 8.9 Treatment of foreign nationals 494 8.10 Exhaustion of local remedies 509

9 Human rights 514 9.1 Introduction 515 9.2 The nature of human rights as a discourse in international law 522 9.2.1 The Universal Declaration of Human Rights 526 9.2.2 Different kinds of human rights 531 9.2.3 Engaging critically with the human rights discourse 537 9.3 The UN system and the human rights discourse in international law 543 9.3.1 The core treaties of the UN human rights system 547 9.3.1.1 The ICCPR and the ICESCR 547 9.3.1.2 Other core agreements of the UN human rights treaty system 558 9.3.2 Institutions and the human rights discourse within the UN 564 9.3.2.1 Institutions with a general mandate 565

viii Contents

9.3.2.2 Treaty bodies 569 9.3.2.3 Australia and the UN treaty bodies 577

10 Law of the sea 588 10.1 Introduction 589 10.1.1 Freedom of the seas 589 10.1.2 Codiﬁcation 591 10.2 Maritime zones 592 10.2.1 Introduction 592 10.2.2 Baselines 597 10.2.3 Internal waters 599 10.3 Territorial sea 600 10.3.1 Nature of the territorial sea 600 10.3.2 Innocent passage 601 10.3.3 International straits 605 10.3.4 Archipelagic waters 610 10.4 Contiguous zone 612 10.5 Continental shelf 613 10.6 Exclusive economic zone (EEZ) 619 10.7 The high seas 626 10.8 The deep seabed 629 10.9 Delimitation of maritime boundaries 632 10.10 Protection of the marine environment 641 10.11 Piracy 644 10.12 Dispute resolution and the law of the sea 649

11 International environmental law 653 11.1 Introduction: trends in international law-making for the environment 654 11.2 The development of international environmental law 657 11.3 Institutional framework 661 11.4 Sources of international environmental law 663 11.5 General principles of international environmental law 666 11.5.1 State responsibility and the prevention of environmental harm 666 11.5.2 Responsibility to avoid causing environmental harm 673 11.5.3 Duty to cooperate 675 11.6 Environmental principles 678 11.6.1 Sustainable development 678 11.6.2 Intergenerational equity 683 11.6.3 Precautionary principle 687

Contents ix

11.7 International environmental law in Australia: response to selected issues 691 11.7.1 World heritage 692 11.7.2 Climate change 697 11.7.3 Climate change in the Australian courts 698 11.8 Regional regimes 703 11.8.1 The relationship between global and regional agreements 703 11.8.2 A regional environmental regime: the Antarctic Treaty System 705

12 Use of force 712 12.1 Introduction 713 12.2 Self-defence 715 12.2.1 Classical self-defence 715 12.2.2 Self-defence and non-State actors 724 12.2.3 Anticipatory self-defence 729 12.2.4 Collective self-defence 732 12.3 UN-sanctioned use of force 736 12.4 Humanitarian intervention and ‘responsibility to protect’ 748

13 Enforcement of international law 769 13.1 Introduction 770 13.2 State enforcement 771 13.2.1 Jurisdiction 772 13.2.2 Piracy 774 13.2.3 War crimes and genocide 776 13.3 Collective enforcement 783 13.3.1 Sanctions 786 13.3.2 Peacekeeping 791 13.4 Enforcement within the World Trade Organization (WTO) 796

14 The peaceful settlement of international disputes 805 14.1 Obligation to settle disputes peacefully 806 14.2 Methods of dispute settlement 812 14.2.1 Negotiation 812 14.2.2 Enquiry 816 14.2.3 Mediation and conciliation 818 14.2.4 Arbitration 823 14.3 Judicial settlement of disputes 827 14.3.1 Introduction 827 14.3.2 Operation and membership of the ICJ 828

x Contents

14.3.3 Jurisdiction 831 14.3.4 Special agreement 834 14.3.5 Provisions in treaties and conventions 837 14.3.6 Compulsory jurisdiction: the ‘optional clause’ 838 14.3.7 Third parties 844 14.3.8 Provisional measures 846 14.3.9 Enforcement 849 14.4 Advisory jurisdiction of the ICJ 850 14.4.1 Introduction 850 14.4.2 Advisory jurisdiction 851 14.4.3 Effect of an advisory opinion 859 14.5 The relationship between the ICJ and the Security Council 860 14.6 Trends in dispute resolution 864

Index 871

Contents xi

Since the ﬁrst edition of this book was published in 2010 there have been continual developments in international law through State practice, new treaties and an expand- ing international jurisprudence developed by a growing array of international courts and tribunals. For example, in 2011 the United Nations (UN) Security Council adopted Resolutions 1970 and 1973 giving effect to the ‘responsibility to protect’ principle in order to protect the civilian population of Libya. In 2010 and 2012 respectively, the International Court of Justice handed down signiﬁcant opinions on Kosovo’s unilateral declaration of independence and the issue of jurisdictional immunities. In 2012 the international community gathered to celebrate and consider achievements in environmental protection since the 1992 ‘Earth Summit’ in Rio de Janeiro, while in early 2013 the UN sought to respond to the security threat posed by North Korea’s nuclear ambitions. These developments have resulted in a continual thickening of international law, with the consequence that some gaps in the law have been covered, understanding of the law has been enhanced, and adjudication and enforcement of international law have added to a better appreciation and understanding of its capacity. This second edition takes stock of some of these and other important recent developments in international law. Challenges such as climate change, crimes against humanity, human rights abuses, nuclear proliferation, piracy, resource management, self-determination of peoples, and transnational crimes such as people smuggling are considered. These challenges have caused States,1 international organisations and the international community more generally to reconsider some of the foundational concepts and principles of international law, and whether new approaches to these and other emerging challenges to the international order are required. This work seeks to assess these issues from a traditional international lawyer’s perspective, but also one which considers appropriate Australian State practice. While international law is a truly global discipline, we consider there is much to be gained from considering, where appropriate, Australian viewpoints and practice in international law and that tradition has been continued in this edition. In some instances where there is no particular Australian State practice to draw upon or where that

...... 1 For the purposes of this book, an entity which meets the criteria for statehood under international law is referred to as a ‘State’ and is distinguished from those units which make up federal systems, such as Australia, and are referred to as ‘states’. Australia is therefore a State while New South Wales is a state.

xiii

practice is not deemed relevant for illustrative purposes, Australian perspectives have not been included. On the other hand where Australian perspectives are considered relevant, the text seeks to draw upon them in order to illustrate the application and interpretation of international law and to also highlight its significance in an Australian context. To that end, the High Court’s 2011 decisions in Plaintiff M70/2011 v Minister for Immigration and Citizenship and Plaintiff M106 of 2011 v Minister for Immigration and Citizenship concerning the Gillard Government’s ‘Malaysian Solution’ as a response to boat arrivals of asylum seekers is a prominent example of the ongoing significance of international law within Australia. In preparing this edition, the authors have continued to draw upon their collective experience in teaching and researching in the field of international law over many years. As with any such project, compromises have had to be made in terms of the breadth and depth of coverage. This is particularly so in relation to the later chapters relating to specific fields of international law, where the law of the sea, international environmental law and human rights law were selected for more in- depth treatment. While other topics are equally interesting and worthy of attention, these three were chosen because of their relative importance for Australian practice and their ability to further demonstrate principles and concepts referred to in the foundational chapters. A feature of this edition is the inclusion of a separate chapter on the use of force. While the authors have jointly shared responsibility for this edition, primary responsibility for writing the chapters is as follows:

Donald R. Rothwell: Chapters 3, 4, 5, 12 and 13 Stuart Kaye: Chapters 6, 7 and 8 Afshin Akhtarkhavari: Chapters 1, 2, and 9 Ruth Davis: Chapters 10, 11 and 14

The authors would like to acknowledge and thank the numerous people who have assisted with this project. Since publication of the ﬁrst edition the book has been used by our students and our colleagues, and we acknowledge their contributions by way of feedback on the usefulness of the book for their learning and teaching. Particular thanks are extended to Warwick Gullet, Dave Letts, Hitoshi Nasu and Brenda Weekes- Kaye who read and commented on the new chapters for the second edition. We also acknowledge the research assistance of Fiona Lubett, Callum Musto, Rachel Paljetak and Candice Visser. We remain indebted to colleagues who assisted with the ﬁrst edition, especially Nicole Abadee, Afroza Begum, Kevin Boreham, Jeremy Farrell, David Mason and Mark Scully. Cambridge University Press have again been patient with us as we have sought to meet deadlines for this edition. We thank them for their ongoing support of this project and especially acknowledge Jessica Pearce who has overseen various stages of this book.

xiv Preface

Finally, we would all like to thank our families for their patience and support: Beth Gibson and Jennifer Rothwell; Brenda Weekes-Kaye; Nikki, Lachlan and Zoe Akhtarkhavari; and Matt, Liam, Naia and Jack Webb. The law is stated as at 1 July 2013. Canberra, Wollongong and Brisbane September 2013

Preface xv

Donald R. Rothwell is Professor of International Law and Head of School at the ANU College of Law, Australian National University, where he is also an ANU Public Policy Fellow. In 2006 he chaired the Sydney Panel of Independent International Legal Experts which authored the report Japan’s Special Permit (‘Scientiﬁc’) Whaling under International Law, and in 2008 he chaired the Canberra Panel addressing the same issue. He is Co–Editor in Chief of the Australian Year Book of International Law and serves on the Editorial Advisory Board of the New Zealand Yearbook of International Law.

Stuart Kaye is Professor of Law in the Faculty of Law, Humanities and the Arts at the University of Wollongong, and Director of the Australian National Centre for Ocean Resources and Security, which is based at the University of Wollongong. He is also Academic Leader of the University’s Global Challenges Program for Sustaining Coastal and Marine Zones. He is a member of the Editorial Board of Ocean Development and International Law and the Board of Advisors of International Law Studies. He is a Fellow of the Royal Geographical Society and the Australian Academy of Law.

Afshin Akhtarkhavari is Associate Professor and Reader in Law at the Grifﬁth Law School. His published work includes a monograph on the epistemology of change in international law and politics which was published by Edward Elgar Publishing as Global Governance of the Environment: Environmental Principles and Change in International Law and Politics.Heis a member of the Editorial Board of the Grifﬁth Law Review.

Ruth Davis is Lecturer in Law in the Faculty of Law, Humanities and the Arts at the University of Wollongong, and a member of the Australian National Centre for Ocean Resources and Security. Her primary research interests are in the ﬁelds of international environmental law, marine environmental law and polar law and governance. She is currently working on a PhD thesis concerning the protection of cetaceans under international law.

xvi

ACKNOWLEDGEMENTS

The authors and publisher are grateful to the holders of copyright in materials from which extracts appear in this book, particularly to the following: American Society of International Law Australian Year Book of International Law, Australian National University Blackwell Publishing British Institute for International and Comparative Law British Yearbook of International Law Cambridge University Press Cameron May Catholic University Law Review Colombia University Press CQ Press Environmental Policy and Law, IOS Press Federation Press Hague Academy of International Law Hart Publishing Harvard International Law Journal, Harvard University Human Rights Quarterly, Johns Hopkins University Press International Court of Justice John Marshall Journal of Computer and Information Law, John Marshall Law School Journal of International Law and Politics, New York University Kluwer Law International LexisNexis Butterworths Manchester University Press Martinus Nijhoff Melbourne Journal of International Law, University of Melbourne Melbourne University Law Review, University of Melbourne Melbourne University Publishing Michigan Journal of International Law Ocean Development and International Law, Taylor & Francis Oxford University Press Pearson Education Presidian Legal Publication

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Routledge Rutgers Law Journal, Rutgers School of Law Sweet & Maxwell Sydney Law Review, Sydney Law School Thomson Reuters Australia Transnational Publishers UCLA Law Review, University of Los Angeles California United Nations University of New South Wales Press University of Tasmania Law Review, University of Tasmania Washington Law Review, University of Washington School of Law Yale Law Journal All Australian legislative material herein is reproduced by permission but does not purport to be the ofﬁcial or authorised version. It is subject to Commonwealth of Australia copyright. Every effort has been taken to trace the original source of copyright material contained in this book. The authors and publisher tender their apologies for any accidental infringement. They would be pleased to hear from copyright holders to rectify any errors or omissions.

xviii Acknowledgements

A v Minister for Immigration and Ethnic Affairs [1997] HCA 4, 173–5, 178 Aaland Islands Case, League of Nations Ofﬁcial Journal Special Supplement No. 3 (1920), 277 Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo (Advisory Opinion) [2010] ICJ Reports 403, 294, 296–300, 852–7, 858, 864 Aegean Sea Continental Shelf Case (Greece v Turkey) [1978] ICJ Reports 3, 816 Aerial Herbicide Spraying (Ecuador v Colombia) Application Instituting Proceedings (31 March 2008) (ICJ), 673 Aguilar-Amory and Royal Bank of Canada Claims (Great Britain v Costa Rica) (Tinoco Arbitration) (1923) RIAA 369, 305–9 Ahmadou Sadio Diallo (Republic of Guinea v Democratic Republic of the Congo) (Compensation Owed by the Democratic Republic of the Congo to the Republic of Guinea) Unreported 19 June 2012 (ICJ), 469 Airlines of NSW Pty Ltd v New South Wales (No. 2) [1965] HCA 3, 239 Al-Kateb v Godwin [2004] HCA 37, 555 Ambatielos Claim (Greece v United Kingdom) 12 RIAA 83, 510–12 Amoco International Finance Corporation v Iran (1988) 27 ILM 1314, 485, 487–8, 492 Anglo-Norwegian Fisheries Case (United Kingdom v Norway) [1951] ICJ Reports 116, 598 Application for Revision of the Judgment of 11 September 1992 in the Case Concerning the Land, Island and Maritime Frontier Dispute (El Salvador v Honduras; Nicaragua Intervening) (Judgment) [2003] ICJ Reports 392, 831 Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Provisional Measures) [1993] ICJ Reports 325, 863 Application of the Interim Accord of 13 September 1995 (Former Yugoslav Republic of Macedonia v Greece) Unreported 5 December 2011 (ICJ), 484 Arrest Warrant of 11 April 2000 (Democratic Republic of Congo v Belgium) (Judgment) [2002] ICJ Reports 3, 85, 402–10, 436–9 Asian Agricultural Products Limited v Sri Lanka (1991) 30 ILM 577, 508 Asylum Case (Colombia v Peru) (Judgment) [1950] ICJ Reports 266, 88–9, Attorney-General (Canada) v Attorney-General (Ontario) [1937] AC 326, 233 Attorney-General (Cth) v Tse Chu-Fai [1998] HCA 25, 280, 319 Attorney-General of the Government of Israel v Eichmann (1961) 36 ILR 5, 225, 378–83, 411–15 Australian Federation of Islamic Councils Inc v Westpac Banking Group (1987) 17 NSWLR 623, 443

xix

Award in the Arbitration Regarding the Iron Rhine (‘Ijzeren Rijn’) Railway between the Kingdom of Belgium and the Kingdom of the Netherlands (2005) 27 RIAA 35, 682 Baker v Canada [1999] 2 SCR 817, 198 Barcelona Traction, Light and Power Company Case (Belgium v Spain) [1970] ICJ Reports 3, 393–9, 507–7 Bradley v Commonwealth [1973] HCA 34, 213 Caire Claim (1929) 5 RIAA 516, 452 Canevaro Case (1912) 11 RIAA 397, 509 Caroline, The (1837) (United States v Great Britain) 29 British and Foreign State Papers 1137-8; 30 British and Foreign State Papers 195-6, 715–16, 717–18, 722, 724 Case Concerning Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v Uganda) [2005] ICJ Reports 168, 727, 728–9 Case Concerning Certain Phosphate Lands in Nauru (Nauru v Australia) [1992] ICJ Reports 240, 831 Case Concerning East Timor (Portugal v Australia) (Merits) [1995] ICJ Reports 90, 810–11, 830, 844–5 Case Concerning Legality of Use of Force (Yugoslavia v United States) (Provisional Measures) [1999] ICJ Reports 916, 849 Case Concerning Maritime Delimitation in the Black Sea (Romania v Ukraine) [2009] ICJ Reports 61, 636–7 Case Concerning Pulp Mills on the River Uruguay (Argentina v Uruguay) [2010] ICJ Reports 14, 672, 676 Case Concerning Questions of Interpretation and Application of the Montreal Convention Arising out of the Aerial Incident at Lockerbie (Libya v United Kingdom) (Provisional Measures) [1992] ICJ Reports 3, 861–3 Case Concerning Right of Passage over Indian Territory (Portugal v India) (Merits) [1960] ICJ Reports 6, 89 Case Concerning Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia v Singapore) [2008] ICJ Reports 12, 345–8, 836 Case Concerning the Continental Shelf (Tunisia v Libyan Arab Jamahiriya) [1982] ICJ Reports 18, 621 Case Concerning the Factory at Chorzów (Germany v Poland) (Claim for Indemnity) (Merits) [1928] PCIJ Reports, Series A, no. 17, 464–6, 490 Case Concerning the Gabcˇíkovo–Nagymaros Project (Hungary v Slovakia) [1997] ICJ Reports 7, 189–92, 449–50, 470–6, 480–2, 665, 679–81, 682 Case Concerning the Land, Island and Maritime Dispute (El Salvadore v Honduras, Nicaragua intervening) [1992] ICJ Reports 351, 354 Case Concerning the Oil Platforms (Iran v United States) (Judgment) [2003] ICJ Reports 161, 719–22 Case Concerning the Oil Platforms (Iran v United States) (Preliminary Objections) [1996] ICJ Reports 803, 454 Case Concerning the Temple of Preah Vihear (Cambodia v Thailand) (Merits) [1962] ICJ Reports 6, 180–1, 182, 356

xx Table of cases

Case Concerning the Territorial Dispute (Libyan Arab Jamahiriya v Chad) (Judgment) [1994] ICJ Reports 6, 170–2 Case of the Monetary Gold Removed from Rome in 1943 (Preliminary Question) [1954] ICJ Reports 19, 845 Case of the SS ‘Lotus’ (France v Turkey) [1927] PCIJ Reports, Series A, no. 10, 54, 370–1, 417 Certain Expenses of the United Nations (Article 17, paragraph 2, of the Charter) (Advisory Opinion) [1962] ICJ Reports 151, 785–6 Certain German Interests in Polish Upper Silesia (Germany v Poland) [1926] PCIJ Reports Series A, no. 7, 465 Certain Phosphate Lands in Nauru (Nauru v Australia) (Jurisdiction) [1992] ICJ Reports 240, 828, 845–6 Certain Questions of Mutual Assistance in Criminal Matters (Djibuti v France) [2008] ICJ Reports 177, 172 Chamizal Arbitration (1911) 5 American Journal of International Law 782, 359 Chattin Claim (1927) 4 RIAA 282, 498–501 Chow Hung Ching v R [1948] HCA 37, 218–19, 225, 435 Chung Chi Cheung v R [1939] AC 160, 204–5, 435 Clipperton Island Case (France v Mexico) (1932) 26 American Journal of International Law 390, 338–40, 351 Collins v State of South Australia [1999] SASC 257, 254–6 Commonwealth v Tasmania [1983] HCA 21, 212, 234–6, 238, 239, 242, 262, 272, 692, 693–4 Connolly and Great Barrier Reef Marine Park Authority and Far North Queensland Airwork Pty Ltd (Party Joined) [2007] AATA 2098, 597 Construction of a Road in Costa Rica along the San Juan River (Nicargua v Costa Rica), Application Instituting Proceedings, 21 December 2011 (ICJ), 676 Corfu Channel Case (United Kingdom v Albania) (Merits) [1949] ICJ Reports 4, 453, 458–60, 605–6, 669, 827, 845 Cosmos 954 Claim (1979) 18 ILM 899, 454 Croome v Tasmania [1997] HCA 5, 581 Customs Regime between Germany and Austria (Advisory Opinion) [1931] PCIJ Reports, Series A/B, no. 41, 278–9, 477 Cutting Case (1906) II Moore’s Digest of International Law 228, 419 Daemar v Industrial Commission of New South Wales (1988) 12 NSWLR 45, 256 Dietrich v R [1992] HCA 57, 226–7, 228 Director of Public Prosecutions v Doot [1973] 1 All ER 940, 384 Director of Public Prosecutions v Stonehouse [1978] AC 55, 384 Dispute Concerning Delimitation of the Maritime Boundary between Bangladesh and Myanmar in the Bay of Bengal (Bangladesh/Myanmar) (Order of 14 March 2012) ITLOS Case No. 16, 637 East Timor (Portugal v Australia) (Judgment) [1995] ICJ Reports 90, 208, 290, 291–2, 294 Elettronica Sicula SpA (ELSI) (USA v Italy) [1989] ICJ Reports 15, 512 Esphahanian Bank v Tejarat (1983) 2 IUCTR 157, 509 Ex parte Iskra (1964) 80 WN (NSW) 925, 385

Table of cases xxi

Finnish Ships Arbitration (Finland v United Kingdom) (1934) 3 RIAA 1479, 512 Fisheries Jurisdiction (United Kingdom v Iceland) (Merits) [1974] ICJ Reports 3, 619–21 Frontier Dispute (Benin v Niger) (Judgment) [2005] ICJ Reports 90, 831 Frontier Dispute (Burkina Faso v Republic of Mali) [1986] ICJ Reports 582, 356 Gerhardy v Brown [1985] HCA 11, 519 Golder v United Kingdom (1979-80) 1 EHRR 524, 171–3 Gray v Minister for Planning [2006] NSWLEC 720, 700 Hempel v Attorney-General (Cth) [1987] FCA 362, 239 Home Mission Society Claim (United States v Great Britain) (1920) 6 RIAA 42, 463 Horta v Commonwealth [1994] HCA 32, 208, 239 Humane Society International Inc v Kyodo Senpaku Kaisha Ltd [2008] FCA 3, 625 Iceland Fisheries Jurisdiction Case (United Kingdom v Iceland) (Merits) [1973] ICJ Reports 3, 191 I’m Alone Case (Canada v United States) (1935) 3 RIAA 1609, 467–9 In re Piracy Jure Gentium [1934] AC 586, 401 In re Westinghouse Electric Corporation Uranium Contract Litigation [1977] 3 All ER 703, 413 In the Legality of the Threat or Use of Nuclear Weapons (Advisory Opinion) [1996] ICJ Reports 226, 86 Interhandel Case (Switzerland v United States) (Preliminary Objections) [1959] ICJ Reports 6, 509–11 Interpretation of Peace Treaties with Bulgaria, Hungary and Romania (Advisory Opinion) [1950] ICJ Reports 65, 810, 858, 859 Island of Palmas Case (The Netherlands v United States) (1928) 2 RIAA 829, 333, 339–44, 351–2, 357, 361, 826 Jumbunna Coal Mine NL v Victorian Coal Miners’ Association (1908) 6 CLR 309, 385 Jurisdictional Immunities of the State (Germany v Italy) Unreported February 3 2012 (ICJ), 429–34 Kartinyeri v Commonwealth [1998] HCA 22, 218, 520 Koowarta v Bjelke-Petersen [1982] HCA 27, 238 Kruger v Commonwealth [1997] HCA 27, 224 Lac Lanoux Arbitration (France v Spain) (1957) 12 RIAA 281, 673, 675–6 LaGrand (Germany v United States) (Judgment) [2001] ICJ Reports 466, 850 LaGrand (Germany v United States) (Provisional Measures) [1999] ICJ Reports 9, 850 Lee v R (2000) 112 A Crim R 168, 387 Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (Advisory Opinion) [2004] ICJ Reports 136, 113, 726–8, 858, 864 Legal Status of Eastern Greenland Case (Denmark v Norway) [1933] PCIJ Reports, Series A/B, no. 53, 139, 353–4, 355–6 Legality of the Threat or Use of Nuclear Weapons (Advisory Opinion) [1996] ICJ Reports 226, 673, 717 Legality of the Use by a State of Nuclear Weapons in Armed Conﬂict (Advisory Opinion) [1996] ICJ Reports 66, 858

xxii Table of cases

Legality of Use of Force (Serbia and Montenegro v Belgium) (Preliminary Objections) [2004] ICJ Reports 279, 751 Mabo v Queensland (No. 2) [1992] HCA 23, 208, 214–15, 217, 219–21, 256, 335–7, 349–51, 520, 557 Mavrommatis Palestine Concessions (Greece v United Kingdom) (Jurisdiction) PCIJ Reports Series A, no. 2, 465 Military and Paramilitary Activities in and against Nicaragua (Nicaragua v United States of America) (Merits) [1986] ICJ Reports 14, 73–81, 85–8, 93, 100–1, 718–21, 722–4, 732, 733–4, 750, 842–3 Minister for Immigration and Ethnic Affairs v Teoh [1995] HCA 20, 228, 245–50, 254, 256 Minogue v Williams [2000] FCA 125, 556 Minquiers and Ecrehos Case (France v United Kingdom) [1953] ICJ Reports 47, 336–8, 351 Neer Claim (1926) 4 RIAA 60, 495–7 New South Wales v Commonwealth [1975] HCA 58, 594–6 Newcrest Mining (WA) Ltd v Commonwealth [1997] HCA 38, 215–16, 217 North American Dredging Company of Texas v Mexico (1926) 4 RIAA 26, 503–6 North Sea Continental Shelf Cases (Federal Republic of Germany v Denmark; Federal Republic of Germany v Netherlands) [1969] ICJ Reports 3, 64–72, 84–5, 274, 633–4, 835 Northern Cameroons Case [1963] ICJ Reports 15, 64–72 Norwegian Loans Case (France v Norway) [1957] ICJ Reports 9, 840–2 Nottebohm Case (Liechtenstein v Guatemala) (Second Phase) [1955] ICJ Reports 4, 387–92 Nuclear Tests Case (Australia v France) (Interim Measures) [1973] ICJ Reports 99, 669–72 Nuclear Tests Case (Australia v France) (Merits) [1974] ICJ Reports 253, 137–9, 669–72, 673, 811, 830, 833–4, 849 Nuclear Tests Case (Australia v France) (Provisional Measures) [1973] ICJ Reports 99, 848 Nuclear Tests Case (New Zealand v France) (Interim Measures) [1973] ICJ Reports 135, 669–72 Nuclear Tests Case (New Zealand v France) (Merits) [1974] ICJ Reports 457, 669–72, 673, 811, 830, 834 Nulyarimma v Thompson [1999] FCA 1192, 206, 221–5, 776 Opinion on the Difference Relating to the Immunity from Legal Process of a Special Rapporteur of the Commission on Human Rights [1999] ICJ Reports 62, 859 Panevezys-Saldutiskis Railway Case (Estonia v Lithuania) [1939] PCIJ Reports, Series A/B, no. 76, 495 Plaintiff M61/2010E v Commonwealth of Australia; Plaintiff M69 of 2010 v Commonwealth of Australia [2010] HCA 41, 260 Plaintiff M70/2011 v Minister for Immigration and Citizenship; Plaintiff M106/2011 v Minister for Immigration and Citizenship [2011] HCA 32, 257–61

Table of cases xxiii

Polyukhovich v Commonwealth [1991] HCA 32, 401–3, 404 Povey v QANTAS Airways Ltd [2005] HCA 33, 174–6, 178 Project Blue Sky v Australian Broadcasting Authority [1998] HCA 28, 264–7 PT Garuda Indonesia Ltd v Australian Competition and Consumer Commission [2012] HCA 33, 436 Pulp Mills on the River Uruguay (Argentina v Uruguay) [2010] ICJ Reports 14, 82–3, 88 Queensland v Commonwealth [1989] HCA 36, 238, 239 Quintanill Claim (1926) 4 RIAA 101, 507 R v Bow Street Metropolitan Stipendiary Magistrate and Others; Ex parte Pinochet Ugarte (Amnesty International and Others Intervening) (No.3) [2000] 1 AC 147, 225, 422–8, 773 R v Burgess; Ex parte Henry [1936] HCA 52, 123, 150, 239, 240–1 R v Keyn (1976) 2 Ex 63, 206 R v Nekuda (1989) 39 A Crim R 642, 384 R v Poole; Ex parte Henry [1939] HCA 19, 241 R v Tang [2008] HCA 39, 176–7, 178 R v Turnbull; Ex parte Petroff [1971] 17 FLR 438, 384 Rainbow Warrior (New Zealand v France) France–New Zealand Arbitration Tribunal (30 April 1990) (1990) 82 ILR 499, 472–9, 823 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam [2003] HCA 6, 250–2 Reparation for Injuries Suffered in the Service of the United Nations Case (Advisory Opinion) [1949] ICJ Reports 174, 320–2, 325–6 Request for an Examination of the Situation in Accordance with Paragraph 63 of the Court’s Judgment of 20 December 1974 in the Nuclear Tests (New Zealand v France) Case [1995] ICJ Reports 288, 670–3, 834 Request for Interpretation of the Judgment of 15 June 1962 in the Case Concerning the Temple of Preah Vihear (Cambodia v Thailand) (Request for the Indication of Provisional Measures) (2011) 50 ILM 1134, 848 Reservations to the Convention on Genocide Case (Advisory Opinion) [1951] ICJ Reports 15, 157 Reservatons to the Convention on the Prevention and Punishment of the Crime of Genocide (Advisory Opinion) [1951] ICJ Reports 15, 154 Responsibilities and Obligations of States Sponsoring Persons and Entities with Respect to Activities in the Area (Seabed Disputes Chamber) (Advisory Opinion of 1 February 2011), ITLOS Case no. 17, 631 Richardson v Forestry Commission (Tasmania) [1988] HCA 10, 238, 239–40 Roberts Claim (1926) 4 RIAA 77, 499–502 Robinson v Western Australian Museum [1977] HCA 46, 593 Salem Case (1932) 2 RIAA 1161, 509 Savarkar Arbitration (France v Great Britain) (1911) 11 RIAA 243, 385, 479 Schooner Exchange v M’Faddon 11 US 116 (1812), 420, 435 South West Africa Cases (Ethiopia v South Africa; Liberia v South Africa) (Preliminary Objections) [1962] ICJ Reports 329, 468, 814–15

xxiv Table of cases

South West Africa Cases (Ethiopia v South Africa; Liberia v South Africa) (Second Phase) [1966] ICJ Reports 6, 468, 815 Southern Blueﬁn Tuna Case (Australia and New Zealand v Japan) (Award on Jurisdiction and Admissibility) (2000) 39 ILM 1359, 652, 827, 869 Southern Blueﬁn Tuna Cases (New Zealand v Japan; Australia v Japan) (Provisional Measures) (1999) 38 ILM 1624, 688–9, 826 Sovereignty over Palau Ligitan and Palau Sipidan (Indonesia/Malaysia) [2002] ICJ Reports 625, 341–7, 355 Status of Eastern Carelia (Advisory Opinion) (1923) PCIJ Reports, Series B, no. 5, 808–9, 858 Taralga Landscape Guardians Inc v Minister for Planning and RES Southern Cross Pty Ltd [2007] NSWLEC 59, 699–700 Territorial and Maritime Dispute (Nicaragua v Colombia) (Judgment) [2012] ICJ Reports, 348–50, 352, 355 Texaco Overseas Petroleum Company v Libya (1977) 53 ILR 389, 489–94 Thorpe v Commonwealth of Australia (No. 3) [1997] HCA 21, 224 Tien v Minister for Immigration and Multicultural Affairs [1998] FCA 1552, 253–4 Toonen v Australia (1992) HRC ‘Views’, Communication no. 488/1992, 464, 580 Trail Smelter Case (United States v Canada) (1949) 3 RIAA 1905, 333, 334, 455, 663, 667–9, 672, 673, 688, 826 Travita v Minister for Immigration [1994] 2 NZLR 257, 198 Trendtex Trading v Central Bank of Nigeria (1997) 1 QB 529, 205–6 Union Bridge Company Claim (1924) 6 RIAA 138, 463 Union Steamship Company of Australia Pty Ltd v King (1988) 166 CLR 1, 385 United States Diplomatic and Consular Staff in Tehran Case (United States v Iran) [1980] ICJ Reports 3, 461–3, 816, 862–4 Victoria v Commonwealth [1996] HCA 56, 238, 239, 241 West Rand Central Gold Mining v R [1905] 2 KB 391, 206 Western Australia v Ward [2002] HCA 28, 216–18 Western Sahara (Advisory Opinion) [1975] ICJ Reports 12, 290, 295, 335, 851–2, 858 Wright v Cantrell (1943) 44 SR (NSW) 45, 435 Xstrata Coal Queensland Pty Ltd v Friends of the Earth – Brisbane Co-Op Ltd [2012] QLC 013, 700–3 Yeager v Islamic Republic of Iran (1987) 82 ILR 179, 502

Table of cases xxv

Acts Interpretation Act 1901 (Cth), 178, 213, 233, 236, 238–9, 240–1, 262, 263, 256 276, 520, 581, 692, Administrative Decisions (Effect of Constitution of the United States of International Instruments) Act 1995 America, 197, 228, 232 (SA), 256 Consular Privileges and Immunities Act Air Navigation Regulations (Cth), 241 1972 (Cth), 444 Ashmore and Cartier Islands Acceptance Coral Sea Islands Territory 1969 (Cth), Act 1933 (Cth), 276 276 Australia Act 1986 (Cth), 213 Crimes Act 1914 (Cth), 386, 774–5, Australian Citizenship Act 1948 (Cth), Criminal Code 1924 (Tas), 464, 580 400 Criminal Code 1995 (Cth), 206, 417, Australian Postal Corporation Act 1989 418–19, 778–9 (Cth), 267 Customs Act 1901 (Cth), 267 Bill of Rights (USA), 197 Diplomatic Privileges and Immunities Broadcasting Services Act 1992 (Cth), Act 1967 (Cth), 266, 444 266 Environment Protection Act 1994 (Qld), Canadian Charter of Rights and 703 Freedoms, 197 Environment Protection and Biodiversity Charter of the United Nations Conservation Act 1999 (Cth), 625, (Sanctions – Democratic People’s 695 Republic of Korea) Amendment Extradition Act 1988 (Cth), 782 Regulations 2009 (No. 1) (2009), 791 Fisheries Management Act 1991 (Cth), Charter of the United Nations 774 (Sanctions – Democractic People’s Foreign Judgments Act 1991 (Cth), 318 Republic of Korea) Amendment Foreign States Immunities Act 1985 Regulations 2009 (No. 2) (2009), 791 (Cth), 318, 426–9, 436, 443 Charter of the United Nations Act 1945 Genocide Convention Act 1949 (Cth), (Cth), 214, 266, 791, 206, 776 Christmas Island Act 1958 (Cth), 276 Heard and McDonald Islands Act 1953 Civil Aviation (Carriers’ Liability) Act (Cth), 276 1959 (Cth), 266 Helms–Burton Act 1996 (USA), 416 Coastal Waters (State Powers) Act 1980 Human Rights (Sexual Conduct) Act (Cth), 595 1994 (Cth), 578, 581 Coastal Waters (State Title) Act 1980 Human Rights and Equal Opportunity (Cth), 595 Commission Act 1986 (Cth), 256 Constitution of the Commonwealth of International Criminal Court Act 2002 Australia, 55, 85, 150, 197, 198, 211, (Cth), 781, 782

xxvi

International Organisations (Privileges Seas and Submerged Lands Act 1973 and Immunities) Act 1963 (Cth), 327 (Cth), 593, 594, 613 International Tribunal for the Law of the State Immunity Act 1985 (Can), 419 Sea (Privileges and Immunities) Statute of Westminster 1931 (UK), 130, Regulations 2000 (Cth), 444 211, 213 Lemonthyme and Southern Forests Statute of Westminster Adoption Act 1942 (Commission of Inquiry) Act 1987 (Cth), 130, 211 (Cth), 240 Torres Strait Fisheries Act 1982 Migration Act 1958 (Cth), 166, 258 (Cth), 774 Native Title Act 1993 (Cth), 232, 351 War Crimes Act 1945 (Cth), 401, 404, 776 Navigation Act 2012 (Cth), 608 World Heritage Properties Conservation Sea Installations Act 1987 (Cth), 267 Act 1983 (Cth), 236, 272

Table of statutes xxvii

African Charter on Human and Peoples’ Rights (1982) 21 ILM 58, 528 Agreement between Australia and the Republic of Indonesia on the Framework for Security Cooperation [2008] ATS 3, 192 Agreement between the Government of Australia and the Government of Japan for the Protection of Migratory Birds in Danger of Extinction and their Environment [1981] ATS 6, 696 Agreement between the Government of Australia and the Government of the Democratic Republic of Timor-Leste Relating to the Unitisation of the Sunrise and Troubadour Fields [2007] ATS 11, 639 Agreement between the Government of Australia and the Government of the Hong Kong Special Administrative Region of the People’s Republic of China Concerning Transfer of Sentenced Persons [2006] ATS 13, 280 Agreement between the Government of Australia and the Government of the People’s Republic of China for the Protection of Migratory Birds and their Environment [1988] ATS 22, 696 Agreement between the Government of Australia and the Government of the Republic of Indonesia on Maintaining Security [1996] ATS 13, 188, 192 Agreement Establishing the World Trade Organization (WTO Agreement) [1995] ATS 8, 16, 797–800, 801, 826, 869 Agreement for the Exchange of Postal Parcels between the Commonwealth of Australia and Hong Kong [1933] ATS 12, 130 Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks [2001] ATS 8, 629, 691 Agreement on the Privileges and Immunities of the International Tribunal for the Law of the Sea [2000] ATNIA 22, 323–4

xxviii

Agreement Relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982 [1994] ATS 32, 631 Agreement with the Government of the French Republic on Cooperative Enforcement of Fisheries Laws in the Maritime Areas Adjacent to the French Southern and Antarctic Territories, Heard Island and the McDonald Islands [2011] ATS 1, 628 American Convention on Human Rights (1970) 9 ILM 673, 528 Antarctic Treaty [1961] ATS 12, 128, 167, 186, 195, 364–5, 705, 710, 813 Articles on Responsibility of States for Internationally Wrongful Acts Adopted by International Law Commission (2001) UN General Assembly Resolution 56/83 (12 December 2001), 446–8, 450–2, 455–6, 465–8, 469–71, 480–2, 484 Australia–New Zealand Closer Economic Relations Trade Agreement [1983] ATS 2, 8, 266 Australia–US Free Trade Agreement [2005] ATS 1, 141 Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and Their Disposal [1992] ATS 7, 676 Basic Treaty of Friendship and Co-operation between Australia and Japan, and Protocol [1977] ATS 19, 599 Charter of Economic Rights and Duties of States UN General Assembly Resolution 3281 (XXIX) (1974), 485, 486–7, 677 Charter of the United Nations [1945] ATS 1, 13, 16, 20, 23, 43, 95, 183, 214, 285, 288, 326, 327, 483, 486–7, 515, 568, 645, 654, 714–15, 716–17, 724, 728, 733, 734, 736–7, 738, 739, 747, 750, 766, 770, 783–6, 791, 794, 806, 807, 808, 828, 831, 849, 850, 858, 860–1, 862, 864 Constitution of the International Labour Organization [1920] ATS 1, 817 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment [1989] ATS 21, 532, 547 Convention between Australia and the Republic of Chile for the Avoidance of Double Taxation with respect to Taxes and Fringe Benefits and the Prevention of Fiscal Evasion [2013] ATS 7, 141 Convention for the Conservation of Antarctic Seals [1987] ATS 11, 705 Convention for the Conservation of Southern Bluefin Tuna [1994] ATS 16, 144, 826 Convention for the Pacific Settlement of International Disputes (Hague I) [1901] ATS 130, 808, 816–19, 823–5 Convention for the Protection of the World Cultural and Natural Heritage [1975] ATS 47, 49, 166, 212, 272, 660, 692, 695 Convention for the Regulation of Aerial Navigation [1922] ATS 6, 241 Convention for the Supression of Unlawful Acts Against the Safety of Maritime Navigation [1993] ATS 10, 644–5 Convention on Biological Diversity [1993] ATS 32, 130, 662, 663, 674, 695 Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention) (1991), 88 Convention on Fishing and Conservation of the Living Resources of the High Seas [1963] ATS 12, 591 Convention on International Civil Aviation [1957] ATS 5, 400 Convention on the Civil Aspects of International Child Abduction [1987] ATS 2, 8

Table of international instruments xxix

Convention on the Conservation of Antarctic Marine Living Resources [1982] ATS 9, 144, 326, 626, 705 Convention on the Conservation of Highly Migratory Fish Stocks in the Western and Central Paciﬁc Ocean [2004] ATS 15, 279, 285 Convention on the Conservation of Migratory Species of Wild Animals [1991] ATS 32, 695 Convention on the Continental Shelf [1963] ATS 12, 84, 591, 617 Convention on the Elimination of All Forms of Discrimination against Women [1983] ATS 9, 155, 159, 532, 547 Convention on the Elimination of All Forms of Racial Discrimination [1975] ATS 40, 232, 547 Convention on the High Seas [1963] ATS 12, 591, 626, 775 Convention on the Prevention and Punishment of the Crime of Genocide [1951] ATS 2, 206, 222, 448, 776 Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter [1985] ATS 16, 660 Convention on the Privileges and Immunities of the United Nations [1949] ATS 3, 321–3, 326, 859 Convention on the Recognition and Enforcement of Foreign Arbitral Awards [1975] ATS 25, 26 Convention on the Rights of Persons with Disabilities [2008] ATS 12, 547 Convention on the Rights of the Child [1991] ATS7 Convention on the Settlement of Investment Disputes between States and Nationals of Other States [1991] ATS 2, 827 Convention on the Territorial Sea and the Contiguous Zone [1963] ATS 12, 591, 598, 600 Convention on Wetlands of International Importance Especially as Waterfowl Habitat (Ramsar Convention) [1975] ATS 48, 695 Convention Relating to the Status of Refugees [1954] ATS 5, 8, 166, 258–61 Covenant of the League of Nations [1920] ATS 1, 16, 515, 713, 738, 808 Declaration by United Nations [1942] ATS 4, 515 Declaration of the United Nations Conference on the Human Environment (Stockholm Declaration) (1972) 11 ILM 1416, 643, 657–60, 665, 669, 670, 676, 683 Declaration on Fact-ﬁnding by the United Nations in the Field of the Maintenance of International Peace and Security UN General Assembly Resolution 46/59 (1991), 818 Declaration on Principles of International Law Concerning Friendly Relations and Co-operation among States in Accordance with the Charter of the United Nations UN General Assembly Resolution 2625 (XXV) (1970), 361, 806 Declaration under the Statute of the International Court of Justice Concerning Australia’s Acceptance of the Jurisdiction of the International Court of Justice [2005] ATS 5, 839–40 European Convention on Human Rights and Fundamental Freedoms 213 UNTS 221, 171, 528

xxx Table of international instruments