Federal Challenges in Implementing International Obligations
DOI:
https://doi.org/10.56397/SLJ.2025.10.05Keywords:
federalism, implementation of international obligations, jurisdictional conflicts, external affairs power, legislative inertia, judicial intervention, Commonwealth v Tasmania, Vishakha v State of Rajasthan, world heritage convention, Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)Abstract
This paper analyzes the structural challenges federal governments face in implementing international treaty obligations by comparing two landmark cases: Commonwealth v Tasmania (1983) from the Australian High Court and Vishakha v State of Rajasthan (1997) from the Indian Supreme Court. Both cases reveal contradictions in power distribution within federal systems, but with different root causes: the Tasmanian Dam Case reflects jurisdictional conflicts between federal and state governments, while Vishakha exposes legislative inertia. Through judicial intervention, the two cases were resolved respectively by expanding federal powers and enacting judicial guidelines. The paper argues that while federalism creates coordination inefficiencies and implementation delays, these challenges can be overcome through improved constitutional frameworks, enhanced coordination mechanisms, and timely legislative action.
