Please use this identifier to cite or link to this item: http://hdl.handle.net/2440/96249
Type: Journal article
Title: Sharing water from transboundary rivers in Australia - an interstate common law?
Author: Webster, A.
Citation: Melbourne University Law Review, 2015; 39(1):263-305
Publisher: Melbourne University, Law Review Association
Issue Date: 2015
ISSN: 0025-8938
1839-3810
Statement of
Responsibility: 
Adam Webster
Abstract: In Australia, the sharing of water from a river — such as the Murray River — that ows through or forms the boundary between two or more states (a ‘transboundary river’) has historically been resolved by political agreement. Since colonial times, one of the great unanswered questions is how to resolve transboundary river disputes in the absence of an intergovernmental agreement. One argument that has been made is that the solution lies in the development of an ‘interstate common law’ on the basis that there must be equality between states. In evaluating this potential solution, I demonstrate that one di culty with the argument is that the common law would be placing a limit on state legislative and executive power. I argue that if a limit on state power does exist, it is more appropri- ately derived directly from the text and structure of the Australian Constitution; however, the argument that an implication of ‘equality of states’ can be derived from the text and structure of the Constitution so as to place a limit on state power is not without di culty.
Rights: © Melbourne University Law Review Association
RMID: 0030038077
Published version: http://www.law.unimelb.edu.au/BCC82260-6B4B-11E5-9B020050568D27D4
Appears in Collections:Law publications

Files in This Item:
File Description SizeFormat 
hdl_96249.pdfPublished version393.48 kBAdobe PDFView/Open


Items in DSpace are protected by copyright, with all rights reserved, unless otherwise indicated.