* Reported by L. F. E. Goldie, Professor of Law, Loyola University of Los Angeles, Visiting Scholar, Columbia University

2 Agreement Relating to the Exploration for, and the Exploitation of, the Petroleum Resources, and certain other Resources, of the Continental Shelf of Australia and of certain Territories of the Commonwealth and of certain other Submerged Land, signed Oct. 16, 1967. The final section, §26, averred that “[t]he Governments acknowledge that this Agreement is not intended to create legal relationships justiciable in a Court of Law… ,“ This agreement was implemented by a “legislative scheme,” namely, reciprocal legislation by the Parliaments of the Commonwealth and the States. The Commonwealth enactments were: Petroleum (Submerged Lands) Act, No. 118, 1967; Petroleum (Submerged Lands) (Royalty) Act, No. 119, 1967; Petroleum (Submerged Lands) (Exploration Permit Fees) Act. No. 120, 1967; Petroleum (Submerged Lands) (Production License Fees) Act, No. 121, 1967; Petroleum (Submerged Lands) (Pipeline License Fees) Act, No. 122, 1967; Petroleum (Submerged Lands) (Registration Fees) Act, No. 123, 1967; and Petroleum (Ashmore and Cartier Islands) Act, No. 124, 1967. All these statutes became law on Nov. 22, 1967.

3 Aust'l. Const. §51(x).

4 Opinion of Barwick, C.J., at pp. 277-278.

5 Ibid, at p. 278. These cases would appear to be those cited ibid, at p. 279 and are: Fitzhardinge (Lord) v.Purcell, [1908] 2 Ch. 139; Lord Advocate v.Clyde Navigation Trustees, 19 Rett. 174 (1891); Lord Advocate v.Wemyss, [1900] A.C. 48 (H.L.); Secretary of State for India v.Chelikani Rama Rao, 85 L.J.P.C. 222 (1916).

6 Ibid. at pp. 278-279.

7 Ibid.at p. 283

8 Opinion of Kitto, J., at pp. 287-288.

9 Opinion of Menzies, J., at p. 289. Owen, J., made a similar point. See p. 299.

10 Opinion of Windeyer, J., at p. 290.

11 Ibid, at p. 293.

12 Ibid.

13 Ibid. at p. 294.

14 Ibid.