Duty to Cooperate:Making Messy Mosaic Laws into Jigsaw Laws
Jennifer McKay |
• March 2019
Inserting a duty to cooperate in laws about the environment will overcome political issues of past laws being too regionally focussed. The mosaic of laws will be replaced by laws that respect existing political power arrangements but superimpose a duty to cooperate. Such a duty exists in contract law and international water law. The duty to cooperate will enable upstream and downstream water users to cooperate. Judges would adjudicate the level of cooperation mindful of cultural sensitivities. In the long run laws could be harmonised less time wasted on compliance and the common good in achieving human, sentient beings and diatom flourishing would be achieved. What a model of excellent Australian practice to share with the international community.