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Australian Cases before Australian Courts and Tribunals Involving Questions of Public International Law 2010 Samantha Brown, Soo Choi, Emily Crawford, Sarah Schwartz and Tim Stephens International Law in General Native title — native title rights in the Australian Exclusive Economic Zone Akiba on behalf of the Torres Strait Islanders of the Regional Seas Claim Group v State of Queensland (No 2) [2010] FCA 643 Federal Court of Australia Finn J The applicants were Torres Strait Islanders seeking a determination of native title rights in areas of the Torres Strait. Some of the areas in which the applicants claimed they were entitled to native title rights and interests constituted part of the Australian Exclusive Economic Zone (EEZ). Section 6 of the Native Title Act 1993 (Cth) extended the Act to ‘the coastal sea of Australia... and to any waters over which Australia asserts sovereign rights under the Seas and Submerged Lands Act 1973 (Cth)’. Finn J considered that while Australia does not have sovereignty over its EEZ under the United Nations Convention on the Law of the Sea Australia’s rights to the area are described in the Convention as ‘sovereign rights’ and the Seas and Submerged Lands Act 1973 (Cth)
The Australian Year Book of International Law Online – Brill
Published: Jan 1, 2013
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