SAMPLE ASSESSMENT TASK

In recent years there has been growing consensus that environmental issues need to be dealt with on a global scale. This has led to an increase of international treaties, conventions and laws focusing on different environmental issues.1 There are, however, significant difficulties in the successful implementation of these international laws. This paper will look at the Convention on Wetlands of International Importance especially as Waterfowl Habitat (‘Ramsar Convention’)2 and how it has been implemented in Australia.

1 The Ramsar Convention

The Ramsar Convention is notable for several reasons. It was the first global agreement that aimed to protect a particular type of habitat around the world and reflected a shift in international legal efforts from protecting particular species to protecting habitats.3 It was also ‘the first treaty which sought to apply the concept of “wise use”, which today we describe as “sustainable use”, to a particular ecosystem.’ 4

The Ramsar Convention was signed in Ramsar, Iraq, in 1971 by 198 countries and currently has 168 contracting countries.5 There are four main obligations that contracting parties agree to in the convention. These are that each country:

  1. Philippe Sands et al, Principles of International Environmental Law (Cambridge University Press, 3rd ed, 2012) 3.
  2. Opened for signature 2 February 1971, 996 UNTS 245 (entered into force 21 December 1975).
  3. Sands, above n 1, 492–3.
  4. Mario P Comino, ‘The Ramsar Convention in Australia – Improving the Implementation Framework’ (1997) 14(2) Environmental and Planning Law Journal 89, 89.
  5. Ramsar Convention Secretariat, Country Profiles (2014) Ramsar <http://www.ramsar.org/country-profiles>.
  6. Ramsar Convention art 2.
  7. Ibid art 3.
  8. Ibid art 4.
  9. Ibid.

2 Implementation in Australia

While the ratification of an international treaty or convention by Australia may give rise to a legitimate expectation that the government will act in conformity with the convention or treaty, international obligations accepted by Australia do not become part of the Australian legal system until they have been enacted in legislation.10

The Ramsar Convention has been enacted into Australian law and is managed through the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (‘EPBC’). The EPBC establishes a framework for managing Ramsar wetlands through the establishment of the Australian Ramsar management principles.11

The EPBC is also supported by state legislation and policies such as the Native Vegetation Act 2003 (NSW) (‘NVA’) and the Wetlands Policy 2010.12 In Director General of the Department of Environment and Climate Change v Hudson the NSW Land and Environment Court held that the NVA was not inconsistent with the EPBC.13

  1. D E Fisher, ‘The Impact of International Law upon the Australian Environmental Legal System’ (1999) 16(5) Environmental and Planning Law Journal 371, 379; Minister for Immigration and Ethnic Affairs v Teoh (1995) 128 ALR 353, 361-5.
  2. Department of the Environment (Cth), Australian Ramsar Management Principles <http://www.environment.gov.au/water/ wetlands/managing/australian-ramsar-management-principles>.
  3. Department of the Environment, Climate Change and Water (NSW), NSW Wetlands Policy (March 2010) <http://www.environment.nsw.gov.au/resources/water/10039wetlandspolicy.pdf>.
  4. [2009] NSWLEC 4 (11 February 2009) [61]

BIBLIOGRAPHY

A Articles/Books/Reports

B Cases

C Legislation

D Treaties

E Other