Melbourne Journal of International Law

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

Articles from Vol. 1, No. 1, December

Australia & New Zealand V Japan: Southern Bluefin Tuna Case
I INTRODUCTION On 4 August 2000, an arbitral tribunal constituted under annexure VII of the United Nations Convention on the Law of the Sea ('UNCLOS') (1) delivered its Award on Jurisdiction and Admissibility ('Award') (2) in a dispute between Australia...
Austria and the European Union - the Report of the 'Three Wise Men'
International organisations have long been in the business of monitoring the human rights practices of their member states. The result of such monitoring is usually a report, resolution, or statement, which indicates if the member has lived up to its...
Do On-Shore Asylum Seekers Have Economic and Social Rights? Dealing with the Moral Contradiction of Liberal Democracy
[Australia has restricted on-shore asylum seekers' access to work entitlements and publicly funded social assistance, leading to a marked erosion in their standard of living. It is argued in this article that Australia's actions place it in breach...
Foreword
The publication of the inaugural issue of the Melbourne Journal of International Law is an important event in the vast and varied field of international law scholarship. A university journal carries the best and most original thinking of the younger...
For Keeping or for Keeps? an Australian Perspective on Challenges Facing the Development of a Regime for the Protection of Underwater Cultural Heritage
[Early next year the international community will hold the latest in a series of meetings to consider a pressing issue concerning the world's cultural heritage--the Draft Convention on the Protection of the Underwater Cultural Heritage ('Draft Convention')....
From the Editors
Towards the end of 1999, we became acutely aware of the shortage of academic and practice oriented material dealing with the region's relationship with both private and public international law. As the new millennium replaced the old, we worked to...
Handmaidens, Hierarchies and Crossing the Public-Private Divide in the Teaching of International Law
[This article explores the question of what law students are encouraged to imagine is the role of international law in the global community. It argues that the ability to practise international law as economic and social justice is impeded if the teaching...
Legal and Commercial Risks of Investment in the Timor Gap
[This paper examines the legal and commercial risks for investors and contractors in the Zone of Cooperation of the Timor Gap, both during the transitional period under the administration of the United Nations Transitional Administration in East Timor...
New Publications in International Law
I GENERAL PUBLIC INTERNATIONAL LAW Michael Byers (ed), The Role of Law in International Politics: Essays in International Relations and International Law (Oxford University Press, 2000) ISBN 0 198 26887 4. Guy S Goodwin and Stefan Talmon, The...
Poverty and Human Rights in Bangladesh
I GLOBAL AWARENESS OF POVERTY The United Nations Development Programme's Human Development Report 2000 ('2000 Report') (1) is a serious effort to focus attention on the notion that, regardless of global structural changes taking place, each person...
Prosecutor V Musema: A Commentary on the Musema Judgment Rendered by the United Nations International Criminal Tribunal for Rwanda
CONTENTS I Introduction II The Trial: Towards More Efficient Proceedings III Issues of International Criminal Procedure A The Swiss Files B The Alibi Defence IV Individual Criminal Responsibility as a Superior V Applicable Law...
The Right to Strike in Australia: International Treaty Obligations and the External Affairs Power
I INTRODUCTION In 1993, the Australian Government passed legislation (1) protecting the right to strike pursuant to section 51(xxix) of the Australian Constitution. (2) The legislation was passed in response to various findings by International...
The UNCITRAL Draft Convention on Assignment in Receivables Financing: Applicability, General Provisions and the Conflict of Conventions
[Financing is paramount for the promotion of commerce, both on a domestic and an international level. In relation to the latter, the United Nations Commission on International Trade Law is currently attempting to promote international commerce through...
What's in an Emblem? Humanitarian Assistance under Any Other Banner Would Be as Comforting
With all due deference to the literary genius of William Shakespeare, this note is not about the Montague Clan but about the Red Cross emblem. Mind you, if Juliet had been a Ms Cross and Henri Dunant (1) and his mates had chosen a Red Monty instead,...