Melbourne Journal of International Law

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

Articles from Vol. 5, No. 2, October

Avena and Other Mexican Nationals (Mexico V United States of America): Must Courts Block Executions Because of a Treaty?
I INTRODUCTION The judgment of the International Court of Justice in Avena and Other Mexican Nationals (Mexico v United States of America) (1) considers the obligations that a state bears towards detained foreign nationals under art 36 of the Vienna...
Globalisation of Competition Law and Policy: Some Aspects of the Interface between Trade and Competition
[Competition law and policy has been on the World Trade Organization agenda since 1996. However, progress has been slow. Currently the developing states are not prepared to accept a multilateral competition agreement. This has dealt a blow to those...
Illegal, Unreported and Unregulated Fishing: An Analysis of the Legal, Economic and Historical Factors Relevant to Its Development and Persistence
[The state of global marine fisheries is of common concern to humankind. The emergence and persistence of noncompliant fisheries practices conveniently (though sometimes confusingly) labelled 'Illegal, Unreported and Unregulated fishing' ('IUU fishing'),...
New Publications in International Law
I GENERAL PUBLIC INTERNATIONAL LAW Antony Anghie et al (eds), The Third Worm and International Order: Law, Politics and Globalization (Martinus Nijhoff Publishers, 2003) ISBN 9041121668. R P Anand, Studies in International Law and History: An...
Precaution - a Matter of Principle, Approach or Process?
[In the 'global risk society' of late modernity, issues of scientific uncertainty and their impact on the regulation of technological risk have achieved prominence both domestically and internationally. The 'precautionary principle', included in the...
Prosecutor V Radislav Krstic: ICTY Authenticates Genocide at Srebrenica and Convicts for Aiding and Abetting
INTRODUCTION In mid-July 1995, members of the Bosnian Serb Army ('VRS') massacred between 7000 and 8000 Bosnian Muslim men. This massacre took place in the town of Srebrenica, located in eastern Bosnia and Herzegovina. The violence was all the more...
The Cambodian Khmer Rouge Tribunal: The Promise of a Hybrid Tribunal
[The proposed Cambodian Khmer Rouge Tribunal, intended to prosecute former senior leaders of the Khmer Rouge for egregious human rights abuses committed during the era of Democratic Kampuchea, is the latest hybrid tribunal to be devised. The rocky...
The Race to Patent the SARS Virus: The TRIPS Agreement and Access to Essential Medicines
[This article considers the race to sequence the Severe Acute Respiratory Syndrome virus ('the SARS virus') in light of the debate over patent law and access to essential medicines. Part II evaluates the claims of public research institutions in Canada,...