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Snapshot

  • Pleadings containing allegations involving acts of State are not sufficient to render non-justiciable a question concerning the acquisition of sovereignty or jurisdiction over land.
  • The requirements for establishing a rule of customary international law are settled State practice supported by opinio juris.

In Ure v Commonwealth of Australia [2015] FCA 241, The Hon Justice Yates concluded that allegations involving acts of State contained in pleadings were insufficient to render non-justiciable a question concerning the acquisition of sovereignty or jurisdiction over land. Furthermore, there was no customary international legal rule to the effect that private parties can obtain proprietary interests in land or that States must recognise and give legal effect to those private rights. This article considers these conclusions.

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