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Federal Challenges in Implementing International Obligations

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  • Tianqi Yu

    (The University of New South Wales, Sydney NSW 2033, Australia)

Abstract

This paper analyzes the structural challenges federal governments face in implementing international treaty obligations by comparing two landmark cases: Commonwealth v Tasmania (1983) from the Australian High Court and Vishakha v State of Rajasthan (1997) from the Indian Supreme Court. Both cases reveal contradictions in power distribution within federal systems, but with different root causes: the Tasmanian Dam Case reflects jurisdictional conflicts between federal and state governments, while Vishakha exposes legislative inertia. Through judicial intervention, the two cases were resolved respectively by expanding federal powers and enacting judicial guidelines. The paper argues that while federalism creates coordination inefficiencies and implementation delays, these challenges can be overcome through improved constitutional frameworks, enhanced coordination mechanisms, and timely legislative action.

Suggested Citation

  • Tianqi Yu, 2025. "Federal Challenges in Implementing International Obligations," Studies in Law and Justice, Pioneer Academic Publishing Limited, vol. 4(5), pages 37-40, October.
    • Handle: RePEc:cvg:stlaju:v:4:y:2025:i:5:p:37-40
    DOI: 10.56397/SLJ.2025.10.05
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