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INDIGENOUS PEOPLES, CONSENT AND RIGHTS: TROUBLING SUBJECTS BY STEPHEN YOUNG (ROUTLEDGE, 2020) 276 PAGES. PRICE AUD252.00 (HARDBACK). ISBN 9780367344627. In 2007, the United Nations General Assembly adopted the United Nations [...]

CONTENTS I Introduction II Human Rights-Based Environmental Protections A International Environmental Rights B Constitutional Environmental Rights 1 Express Constitutional Recognition 2 Implied Constitutional Protection 3 Constitutional Directives 4 Efficacy of [...], The relationship between human rights and environmental rights is increasingly recognised in international and comparative law. This article explores that connection by examining the international environmental rights regime and the approaches taken at a domestic level in various countries to constitutionalising environmental protection. It compares these approaches to that in Australia. It finds that Australian law compares poorly to elsewhere. No express constitutional provision imposing obligations on government to protect the environment or empowering litigants to compel state action exists, and the potential for drawing further constitutional implications appears distant. As the climate emergency escalates, renewed focus on the link between environmental harm and human harm is required, and law and policymakers in Australia are encouraged to build on existing law in developing broader environmental rights protection.

Contents I Introduction II What Is a Treaty? III Treaty-Making Internationally A The United States B Canada IV Treaty-Making in Australia A Western Australia B Victoria C Northern Territory D [...], For many generations, Aboriginal and Torres Strait Islander peoples have called for treaties to be negotiated with Australian governments. In the face of Commonwealth inaction, states and territories have commenced treaty processes with Indigenous communities whose traditional lands fall within their borders. This article examines how the United States and Canada have negotiated treaties with Indigenous peoples and details the ongoing Australian processes in order to determine the most appropriate means of entering into treaties in the Australian federation. It concludes that while the state and territory processes are positive and offer the potential to realise valuable outcomes, it is preferable for treaties to be conducted with both federal and subnational governments. This should be undertaken by a Makarrata Commission comprising representatives of Aboriginal and Torres Strait Islander communities and federal, state, and local governments.

This article examines the Houtman Abrolhos Micro Nation, established by Kristin MacDonald, a Western Australian man, in 2020. The article draws on media reports and documents prepared by the 'prince' in support of his legal claims. Notwithstanding a curious attempt to draw support from the neighbouring micronation of New Westralia, MacDonald's claims were quickly dismissed by the Geraldton Magistrates Court in 2023, and the micronation has ceased to operate. Nevertheless, its brief existence demonstrates the continuing allure of micronationalism and pseudolaw for some individuals who have allowed what they perceive to be a personal injustice to take on a political dimension. [ABSTRACT FROM AUTHOR]

This article explores the use of postage stamps by micronations, non-state entities that mimic acts of sovereignty. The stamps of micronations, although resembling postage stamps, are considered "cinderellas" in the philatelic world, as they are not issued by a government postal administration. The article examines how the philatelic practices of micronations shed light on the material aspects of sovereignty and statehood. It situates the study within the broader trend of international law scholarship that focuses on the material and visual culture of international law. The article also provides an overview of micronations, their engagement with statehood, and their distinctiveness from de facto states and microstates. [Extracted from the article]