Ure v. Commonwealth of Australia and Director of National Parks

Abstract

Territory — Acquisition of sovereignty — Islands — Whether international law permitting acquisition of sovereignty over terra nullius by an individual — Whether State acquiring sovereignty over territory obliged to recognize existing private ownership

Relationship of international law and municipal law — Justiciability of international law issue in municipal courts — Act of State doctrine — Whether mere allegations of an act of State rendering a matter non-justiciable

Human rights — Property rights — Customary international law — Whether a private individual can obtain proprietary rights under customary international law in terra nullius through occupation — Whether a State acquiring sovereignty over terra nullius must recognize and give effect to subsisting property rights under customary international law — The law of Australia