Reflections on legal issues in the Tasmanian Dams Case
The purpose of this paper is to identify the principal issues which arose for decision in the Tasmanian Dams Case and review the way in which they were resolved. The principal issue concerned the scope of the external affairs power (s.51(xxix). Did the power extend to the implementation of the World Heritage Convention by prohibiting the construction of the dams in the World Heritage Area when the Convention obligations related to matterswithinAustralia? By a majority of four to three the...[Show more]
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