Melbourne Journal of International Law

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

Articles from Vol. 8, No. 1, May

At the Border and between the Cracks: The Precarious Position of Irregular Migrant Workers under International Human Rights Law
[This article aims to identify jurisprudence which advances the standards of treatment of unauthorised migrants in the context of often hostile domestic laws and political rhetoric. Due to its universalist and humanist underpinnings, many would consider...
Combating Foreign Anti-Competitive Conduct: What Role for Extraterritorialism?
[Expanding globalisation has resulted in the growth of anti-competitive commercial activities that are transnational or have transnational effects. In the absence of a global competition agreement, as countries experience the consequences of foreign...
Don't Mention the War (on Terror): Framing the Issues and Ignoring the Obvious in the ICJ's 2005 Armed Activities Decision
CONTENTS I Introduction II Factual Matrix, Issues in Dispute and Summary of Findings III Self-Defence, Failed States and Non-State Actors IV An Act of Aggression? V Extra-Legal Zones and Persons VI Explaining the Judgment's Silence VII...
Enforcing Australian Law in Antarctica: The HSI Litigation
[Law enforcement in Antarctica is complicated by uncertainties regarding sovereignty, and jurisdiction. In line with the usual practice of the Antarctic Treaty parties, Australia has generally refrained from enforcing its legislation for the Australian...
SRYYY V Minister for Immigration and Multicultural and Indigenous Affairs: War Crimes and the Refugee Convention
CONTENTS I Introduction II The Facts III The Issues on Appeal IV The Full Court's Approach to the Interpretation of Article 1F of the Refugee Convention A International Instruments since 1951 B The Significance of the...
The International Criminal Court and the Lord's Resistance Army
[In 2004, the conflict in northern Uganda became the first situation to be referred to the International Criminal Court ('ICC'). Although an investigation was initiated by the Office of the Prosecutor ('OTP') and arrest warrants were issued in 2005...
The WTO and Its Institutional Impediments
[The latest round of multilateral trade negotiations--the Doha Round--initiated a comprehensive negotiating round set out in a complex structure. At the same time, this Round focused attention on a 'development agenda', all as part of a 'single undertaking'...
Threats from the Global Commons: Problems of Jurisdiction and Enforcement
[This commentary considers a number of potential threats to security originating from the global commons. While direct attacks on a state from vessels and aircraft passing through the global commons constitute such threats, this paper focuses upon...
Why Refugee Law Still Matters
CONTENTS I Misinterpretation of International Refugee Law A Governmental Obfuscation B Advocates' Absolutism II Reinvigorating International Refugee Law A Refugee Law Embodies a Principled Compromise B Revitalising...