Melbourne Journal of International Law

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

Articles from Vol. 7, No. 1, May

Activism from the Closet: Gay Rights Strategising in Egypt
[Recently the Egyptian Government has been systematically attacking gays by putting them on trial, detaining and torturing them. The author suspects that there are two reasons behind the Government's attacks of gay men: firstly, as a strategy to divert...
Diplomatic Assurances and the Silence of Human Rights Law
[Diplomatic assurances raise a number of legal as well as communicative questions. Whom do they assure and what do they assure? How are they structured and what does this structure imply about the authority of human rights? This article explores the...
Harmonising International Human Rights Law and Domestic Law and Policy: The Establishment and Role of the Human Rights Law Resource Centre
[In a recent case, Royal Women's Hospital v Medical Practitioners Board of Victoria, the President of the Victorian Court of Appeal commented that 'an Australian jurisprudence drawing on international human rights law is in its early stages' and that...
Hospitality, Politics of Mobility, and the Movement of Service Suppliers under the GATS
[The movement of natural persons constitutes one of the modes of supply for services identified under the General Agreement on Trade in Services ('GATS'). However, entry regulations have been recognised as a major barrier to such movement. Proponents...
Human Rights after Faith-An Introduction to the 'Cultures of Human Rights' Symposium
CONTENTS I Faith and the Cultures of Human Rights II The Arrival of Rights III What Comes after Faith? I FAITH AND THE CULTURES OF HUMAN RIGHTS The symposium articles in this edition of the Melbourne Journal of International Law are drawn...
Reconceiving the UN Human Rights Regime: Challenges Confronting the New UN Human Rights Council
[In 2006, the UN Commission on Human Rights, established 60 years earlier, was replaced by a new Human Rights Council. This article examines the widely differing reasons given for the Commission's loss of credibility and seeks to draw lessons relevant...
Terror in the Name of Human Rights
[The dominant political language of today seems to involve the notion that the 'terrorists' and 'outlaw states' threaten peace, human rights, dignity and freedom, and that in defence of these values 'we' are justified in going to war. This article...
The 'Islamic Scarf' in the European Court of Human Rights
[The wearing of religious clothing and symbols has become a source of potent legal and political controversy. This article analyses the way in which the European Court of Human Rights has dealt with claims by two women (one a teacher and one a student)...
Theses on Law, History and Time
[This essay offers eight theses in the style of Walter Benjamin's 'Theses on the Philosophy of History'. Law constructs time as linear, turns history into legal procedure and uses it to create the authorised record of the past, to legitimise the present...
The United Nations Human Rights Treaty System and the Challenges of Commitment and Compliance in the South Pacific
[This article examines the profile of international human rights in the South Pacific, with specific reference to the seven core United Nations human rights treaties. While acknowledging some of the weaknesses of the UN human rights treaty system,...