Lipman, Zada --- "Compliance and Enforcement of International Environmental Conventions in Australia" [2011] ELECD 306; in Paddock, Lee; Qun, Du; Kotzé, J. Louis; Markell, L. David; Markowitz, J. Kenneth; Zaelke, Durwood (eds), "Compliance and Enforcement in Environmental Law" (Edward Elgar Publishing, 2011)

Book Title: Compliance and Enforcement in Environmental Law

Editor(s): Paddock, Lee; Qun, Du; Kotzé, J. Louis; Markell, L. David; Markowitz, J. Kenneth; Zaelke, Durwood

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848448315

Section: Chapter 2

Section Title: Compliance and Enforcement of International Environmental Conventions in Australia

Author(s): Lipman, Zada

Number of pages: 26

Extract:

2. Compliance and Enforcement of
International Environmental
Conventions in Australia
Zada Lipman*

1. FEDERAL BARRIERS TO EFFECTIVE COMPLIANCE AND
ENFORCEMENT

Australia's acceptance of its international obligations is complicated by the
federal system and a policy of co-operative federalism. Australia is a federation
consisting of six States, two internal and several external Territories. The
establishment of a federation in 1901 1 facilitated a unification of the six colonies
without changing their separate systems of government. Each State had, and
retains, its own constitution. The executive, legislative and judicial powers of the
Federal Government are elaborated in the Commonwealth of Australia
Constitution Act (the Constitution).

1.1 Ratification of International Conventions

The power to enter into conventions is an executive power within s 61 of the
Commonwealth Constitution rather than Parliament. Final decisions as to whether
to sign and ratify are taken at Ministerial level, and frequently, by Cabinet. Until
the late 1980s, the Executive had proceeded to ratify a number of multilateral
environmental conventions, often without consulting the States. This led to a
great deal of tension between the Federal Government and the States.
In the late 1980s Australia opted for a policy of co-operative federalism and
initiated a total reform of intergovernmental relations. This process was
facilitated through the development of new national policy instruments and inter-
governmental institutions, all of which have impacted on the ratification and
implementation of Australia's international obligations.
The most important policy instrument was the Intergovernmental Agreement
on the Environment 1992. ...