Litigation

Inter-American Court of Human Rights -- Advisory Opinion (OC-23/17)

On 7 February 2018, the Inter-American Court of Human Rights (IACtHR or Court) published an Advisory Opinion and explained that “[t]his Opinion constitutes one of the first opportunities this Court has had to address, in an extended manner, the state obligations that arise from the need to protect the environment under the American Convention[.]”

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Minister for Planning v Walker [2008] NSWCA 224 (case note)

Minister for Planning v Walker [2008] NSWCA 224  (case note)

The Court of Appeal ruled that, although the planning minister must make decisions in the public interest, not having regard to ESD principles does not necessarily constitute a breach of that obligation.

It was "somewhat surprising" that the Planning Minister had not considered the precautionary principle or the principle of inter-generational equity, but that does not constitute a basis for ruling his concept plan approval void, Justice David Hodgson said.

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