Question
On 28 July 2022, the United Nations General Assembly adopted Resolution 76/300 entitled The human right to a clean, healthy and sustainable environment. Australia voted
On 28 July 2022, the United Nations General Assembly adopted Resolution 76/300 entitled "The human right to a clean, healthy and sustainable environment". Australia voted in favour of adoption of this resolution. In total, 161 member States of the United Nations voted for the resolution and no States voted against its adoption. Eight States formally abstained from the vote. There is no record of Australia making any formal statement explaining its vote but various national representatives in the General Assembly questioned the status of such a "human right" under customary international law or under international law more generally.
You work for Crown Law Queensland. The Attorney-General of Queensland asks for a detailed legal advice on the relevance, if any, of Resolution 76/300 to the interpretation of legislation enacted by the Queensland Parliament, either directly, or through the operation of the Human Rights Act 2019 (Qld). Your advice should also include references to relevant judicial decisions and relevant secondary sources.
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