Melbourne Journal of International Law

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

Articles from Vol. 2, No. 2, December

Australia's Implementation of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions
I INTRODUCTION On 16 December 1996 the UN adopted the United Nations Declaration against Corruption and Bribery in International Commercial Transactions. (1) The Declaration committed UN members to criminalise bribery in an effective and coordinated...
A Victory for Democracy? an Alternative Assessment of Republic of Fiji V. Prasad
I INTRODUCTION In his introduction to the Respondent's Brief from Republic of Fiji v Prasad (`Prasad'), (1) published in the June edition of this journal, George Williams contends that the case `may prove decisive in restoring democracy to the Republic...
Global Governance and National Interests: Regulating Transnational Security Corporations in the Post-Cold War Era
[Since the end of the Cold War, we have seen transnational security corporations (`TSCs'), or private armies, involved in an increasing number of conflicts. The rise of TSCs has led to calls to control or regulate these companies. However, attempts...
Jurisdictional Patchwork: Law of the Sea and Native Title Issues in the Torres Strait
[The Torres Strait is the region where mainland Australia most closely approaches another state; where the northernmost Australian islands are a few kilometres off the Papua New Guinean coast. By virtue of its location, configuration and people, the...
Legitimating Humanitarian Intervention: Principles and Procedures
I INTRODUCTION The current debate over the legitimacy and legality of humanitarian intervention is bogged down in doctrinal trench warfare over the meaning of sovereignty. NATO's use of force against the Federal Republic of Yugoslavia (`FRY') in...
Listening to `the Other'? the Convention on the Rights of the Child
[This paper seeks to analyse whether the Convention on the Rights of the Child, its text and its monitoring procedure, successfully meets the challenge posed by cultural relativism to the legitimacy of the United Nations' international human rights...
On the Convergence of U.S. and Australian Patent Law
[The environment for US-Australian patent law convergence is characterised by old and new influencing factors, structural similarities and differences in national legal systems, and coupling between intellectual property law, competition law and trade...
Prosecuting Atrocities at the District Court of Dili
[A special regime for the prosecution of atrocities has been set up by the United Nations in East Timor. A panel of judges of the District Court of Dili, known as the Special Panel, is currently trying those accused of committing offences such as crimes...
Small Cetaceans, International Law and the International Whaling Commission
[Small cetaceans (small whales) represent something of an anomaly in international law, as it is not clear which international or regional organisations have primary competence over their management. It is my contention that the International Whaling...
The Effect in Private International Law of a Breach of Public International Law by a State Actor
I INTRODUCTION Civil courts have always been reluctant to sit in judgment on the acts of foreign sovereigns, particularly acts done within their own sovereign territory. That reluctance is expressed in a range of separate but closely related doctrines...
Was the Conflict in East Timor `Genocide' and Why Does It Matter?
[In the intense mass media reporting of the post-independence ballot violence in East Timor in September 1999, frequent reference was made to the term `genocide'. The characterisation of the violence as genocide was driven by comments made by East...