Page "Franklin Dam controversy" Paragraph 29

The resulting court case became known as Commonwealth v Tasmania.

On 1 July 1983, in a landmark decision, the High Court on circuit in Brisbane ruled by a vote of 4 to 3 in the federal government's favour.

Judges Mason, Murphy, Brennan and Deane were in the majority and justices Wilson and Dawson with Chief Justice Gibbs were in the minority.

This ruling gave the federal government the power to legislate on any issue if necessary to enforce an international treaty and has been the subject of controversy ever since.

Justice Lionel Murphy wrote most broadly of the Franklin Dam decision's broader environmental and social implications in terms of the UNESCO Convention's common heritage of humanity principle, stating that " The preservation of the world's heritage must not be looked at in isolation but as part of the co-operation between nations which is calculated to achieve intellectual and moral solidarity of mankind and so reinforce the bonds between people which promote peace and displace those of narrow nationalism and alienation which promote war ... he encouragement of people to think internationally, to regard the culture of their own country as part of world culture, to conceive a physical, spiritual and intellectual world heritage, is important in the endeavour to avoid the destruction of humanity.

" The High Court ruling ended the dam's construction, and the plans have never been revived.