The Australian Government ratified the Coal Promotion Treaty (CPT) in early 2020. Under the terms of the treaty, member states commit to 'the promotion of the widest possible use of coal for energy production and for industrial purposes.' The CPT includes a number of provisions that seek to advance the increased use of coal, including Article 10 which provides that 'contracting states agree to expedite the approval of coal-related projects, including coal mines and coal export facilities.'

The Joint Standing Committee on Treaties (JSCOT) had recommended against ratification, on the grounds that the obligations under the CBT are inconsistent with the obligations assumed by the Australian Government on ratification of the 2015 Paris Agreement on Climate Change. The Commonwealth Parliament has not passed legislation implementing the CPT, with the government losing several votes on the Coal Promotion Bill (which would enact the treaty in Australian law) in the Senate. However, the Bill may soon pass as several crossbench Senators have indicated they may change their votes.

Citing the CPT, and the 'imminent passage' of the Coal Promotion Bill, the Environment Minister approved a new coal mine under the Environment Protection and Biodiversity Conservation Act 1999 (Cth). The approval has been challenged by a group of farmers living near the site of the proposed mine. They are seeking legal advice from a local solicitor and she, in turn, has sought your advice given your expertise in international law. The solicitor has posed the following questions for you to address:

(a) Can the Australian Government enter into the CPT if it is in conflict with Australia's obligations under other treaties, including the Paris Agreement, and customary international law?

(b)Can the Commonwealth Parliament pass the Coal Promotion Bill implementing the CPT given that (i) JSCOT has recommended against the Australian Government joining the Treaty, and (ii) the CPT may be in conflict with Australia's obligations under other treaties, including the Paris Agreement, and customary international law?

(c) Can the CPT be given legal effect by the Environment Minister in her decision-making?

Note: This problem question is fictitious. You are not expected to address issues of administrative or constitutional law raised by this question in any significant detail.