JSB171 Lecture Notes - Lecture 1: Navigation Authority, Control Order, John Toohey (Judge)
Document Summary
There are two aspects to the external affairs power: treaty (part 1); and, non-treaty (part 2) Part 1: the treaty aspect of the external affairs power. Industrial relations act case (1996) is latest case re-affirming the position of the court in. [entry into a treaty] (1936: only the cth has international legal personality not the states: r v burgess; ex parte henry, however states can enter into contractual obligations. 2009-1: cth executive may enter into any treaty which the government sees fit: ss 2 & 61, assent to a treaty not by actual signing, accession = concent without signing, ratification = formal consent after signing. 2) per brennan j: creation of legitimate expectation in administrative law but denied by executive (keating and howard governments), right to deny acknowledged in miea v teoh. Power to implement treaties: external affairs power covers the power to implement a treaty: koowarta v bjelke-petersen (1982); tas dams.
