Rainforest [2025] FCA 532, Panesar [2025] FCA 477
Two recent cases comment on treaty interpretation.
In Rainforest (at [121]), Shariff J noted – ‘it is difficult to see a material difference between the principles governing the interpretation of international treaties and those ordinarily adopted in respect of domestic legislation’11. In Panesar (at [97]), Feutrill J said – ‘While the principles of treaty interpretation are similar to the principles of statutory construction, there are differences’. Do these comments expose a difference of view? Answer – no. Each accepts that there are differences between the international and domestic rules. But the differences are not of great moment, nor are they based on conflicting theories.
This principle is from Episode 123 of interpretation NOW!
Footnotes:
11 NBGM [2006] FCAFC 60 [122] quoted, cf NBGM [2006] HCA 54 [55].