Melbourne Journal of International Law

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

Articles from Vol. 4, No. 2, October

International Law and the War with Iraq
[The United States-led invasion of Iraq prompted a widespread debate about the legitimacy and legality of the use of force without explicit United Nations authorisation. Some argued that the invasion enjoyed the implied authorisation of the Security...
Land Rights of Indigenous Peoples in South-East Asia
[Very little has been written on indigenous rights in South-East Asia. This article attempts to address issues concerning indigenous land rights in the region, arguing that there is a clear gap between the existing situation and the relevant standards...
New Publications in International Law
I GENERAL PUBLIC INTERNATIONAL LAW Phillip Allott, The Health of Nations: Society and Law beyond the State (Cambridge University Press, 2002) ISBN 0521016800. Ian Brownlie, Principles of Public International Law (6th ed, Oxford University Press,...
Operation Iraqi Freedom: United States V. Iraq - the Legality of the War
[This article critically evaluates the legality of the use of force in 2003 by the United States and its allies against Iraq. The author considers the three main arguments advanced to justify the war: the use of force was authorised by existing United...
State Immunity and Denial of Justice with Respect to Violations of Fundamental Human Rights
CONTENTS I Introduction II The Principle of State Immunity A The Concept and Its Evolution B Exceptions III The Principle of Access to Court A Article 6(1) of the ECHR B Compatibility with the Principle of State Immunity IV...
Strengthening the International Regime for the Prevention of the Illicit Trade in Cultural Heritage
[Whilst the illicit movement and trade of movable cultural heritage has long been of international concern, it has re-emerged in recent times as a contemporary problem for international law--states in conflict, such as Afghanistan, Iraq and Palestine,...
The Common Heritage of Mankind: An Adequate Regime for Managing the Deep Seabed?
[The concept of the 'common heritage of mankind" governs the deep seabed However. the principle of the common heritage of mankind has differing interpretations and consequently lacks legal force. This article attempts to give content to the common...
The International Crime of Gender-Based Persecution and the Taliban
[This paper seeks to establish that the prohibition of gender-based persecution is already part of customary international law. We begin by tracing the history of crimes against humanity and the concept of gender-based crimes in international law;...
Twenty Years On: An Evaluation of the Court of Arbitration for Sport
[An examination of the history of world sport, particularly over the past 50 years, provides ample evidence of the broad range of disputes which can arise both on the field and off it. However, sport is unique because existing municipal and international...
War on the Enemy: Self-Defence and State-Sponsored Terrorism
[Under international law, internal mechanisms have provided the appropriate responses to terrorist acts. The weakness of domestic criminal law is, however, evident in the face of transnational terrorist groups whose operations spreads across many borders....
Women Asylum Seekers in Australia: Discrimination and the Migration Legislation Amendment Act (No 6) 2001 (Cth)
[The Australian government recently implemented various pieces of legislation to amend and expand the country's strict border control strategy. The Migration Legislation Amendment Act [No 6] 2001 (Cth) was one such piece of legislation that directly...