National litigation and international law: repercussions for Australia's protection of marine resources

Australia's efforts to protect certain marine resources have been challenged in recent litigation before Australian courts, potentially prompting repercussions for Australia's standing within international legal regimes. In this article, the authors consider the extent to which Australian courts should not only be generally cognisant of the international law framework in which their decisions sit, but also take specific account of Australia's international rights and duties in determining matters. This analysis contributes to wider discussions about the role of international law before national courts and, in particular, addresses the use made of non-justiciability doctrines as well as whether national courts should play a role in seeking institutional change in the international legal system.