Melbourne Journal of International Law

Melbourne Journal of International Law is a magazine specializing in law topics.

Articles from Vol. 3, No. 2, October

Adversaries into Partners: International Water Law and the Equitable Sharing of Downstream Benefits
[This paper first reviews the role of international law in the governance of international watercourses, including the role of the principle of equitable utilisation. Discussion then turns to a suggested logical corollary to the principle of equitable...
Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo V. Belgium): The International Court of Justice's Failure to Take a Stand on Universal Jurisdiction
CONTENTS I Introduction and Facts of the Case II The Relief Requested and the Order on Provisional Measures III The Court's Judgment IV The Separate and Dissenting Opinions A The Opinions Not Dealing with the Substance of Universal Jurisdiction...
International Arbitration Law: Progress towards Harmonisation
CONTENTS I Introduction II Arbitration: Nature and Themes III Legal Convergence in the Enforcement of Arbitral Agreements and Awards IV Convergence in Arbitral Procedure V Convergence in Substantive Law VI Conclusion I INTRODUCTION...
Peace or Justice? Amnesties and the International Criminal Court
[This paper examines whether amnesties granted by states to perpetrators of serious human rights abuses can preclude the possibility of prosecution before the newly established International Criminal Court. The author considers the general debate between...
Regie National Des Usines Renault SA V. Zhang: Choice of Law in Torts and Another Farewell to Phillips V Eyre but the Voth Test Retained for Forum Non Conveniens in Australia
CONTENTS I Introduction II Choice of Law A The Position before Zhang B The Position as a Result of Zhang 1 The Adoption of the Lex Loci in Place of the Double Actionability Test ...
Responses to Terror: The New 'War'
[The events of 11 September 2001 profoundly challenged the existing principles of international law, both as to the right of a state to use military force and as to the principles of international humanitarian law. This article assesses whether international...
The Chinese Practice of Private International Law
CONTENTS I Introduction II Jurisdiction A General Rule of Territorial Jurisdiction B Exceptions to the General Rule of Territorial Jurisdiction 1 Exclusive Jurisdiction 2 Jurisdiction of the People's Court of the...
The Global Economy and the On-Line World: Consequences of WTO Accession on the Regulation of the Internet in China
CONTENTS I Introduction II China and the WTO A China's Entry into the WTO B Obligations of WTO Member Nations III Regulation of the Internet in China A Regulations Prohibiting Use of the Interact for Political...