Melbourne Journal of International Law

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

Articles from Vol. 10, No. 1, May

Djibouti V France: Self-Judging Clauses before the International Court of Justice
CONTENTS I Introduction II Facts and Issues in the Case A The Facts B The Issues III The Mutual Assistance Convention and Art 2(c) A France's Reliance on Art 2(c)--Majority Judgment B France's Failure to Give Reasons under...
Indigenous Rights in International Law over the Last 10 Years and Future Developments
CONTENTS I Introduction II UN Bodies and Indigenous Rights III The Declaration on the Rights of Indigenous Peoples IV Regional Bodies V The Future of Indigenous Rights I INTRODUCTION Indigenous rights have been a prominent issue in...
International Competition Law and Policy: A Work in Progress
CONTENTS I Introduction II Nature of the Problems III Mapping International Responses to Competition Issues IV Conclusion I INTRODUCTION Competition law and policy has evolved in significant ways both domestically and internationally...
International Criminal Law: Taking Stock of a Busy Decade
CONTENTS I Introduction II Developments A Institution-Building B Judicial and Jurisprudential Output C Trendsetting and Epistemic Communities D Political Management III Challenges A (Re)nationalisation: From Technique to Context...
International Legal Theory: Snapshots from a Decade of International Legal Life
CONTENTS I Introduction II Compliance III Constitution IV Critique V Counter VI Tallies, To-Dos I INTRODUCTION In its very first issue, the Foreword to the Melbourne Journal of International Law stated an aspiration that the Journal might...
International Responsibility in United Nations Peacekeeping Operations: Command and Control Arrangements and the Attribution of Conduct
Article 5 of the International Law Commission's Draft Articles on the Responsibility of International Organizations prescribes the use of the 'effective control' test to determine the attribution of conduct of United Nations peacekeeping forces. A...
Kadi and Al Barakaat V Council of the European Union and Commission of the European Communities: The Incompatibility of the United Nations Security Council's 1267 Sanctions Regime with European Due Process Guarantees
CONTENTS I Introduction II The UN Security Council's 1267 Listing and Delisting Procedure and Due Process A The UN Security Council's 1267 Sanctions Regime B The Listing and Delisting Procedure and Due Process Concerns III The...
Mobilising Finance for Climate Change Mitigation: Private Sector Involvement in International Carbon Finance Mechanisms
This article examines the role of non-state actors in the climate change regime, particularly the role that the private sector plays in the implementation of the United Nations Framework Convention on Climate Change and the Kyoto Protocol. The international...
Negotiations for a Nuclear Weapons Convention: Distant Dream or Present Possibility?
At the 2005 Review Conference of the Treaty on the Non-Proliferation of Nuclear Weapons, states parties failed to adopt a final declaration. Unlike at previous meetings, there was disagreement 'across all frontlines'. (1) Today, multilateral negotiations...
Non-Justiciability in Australian Private International Law: A Lack of 'Judicial Restraint'?
The involvement of foreign states in domestic courts sits at the intersection between private and public international law. Whilst courts are becoming increasingly prepared to defer underlying notions of sovereignty and territoriality to protect private...
Reflections on the Past Decade of Transnational Litigation
The past decade of transnational litigation has seen a consolidation of the trend towards disputes about venue. Increasingly, transnational litigation takes the form of a battle about where the battle is to be fought. The proposed Hague Convention...
Reflections on the World Trade Organization and the Prospects for Its Future
CONTENTS I Introduction II The Changing Tide III Today's Challenges IV Conclusion I INTRODUCTION The past year has been a tumultuous one. Stock prices have tumbled, the financial system has nearly collapsed, oil and other commodities have...
Rights and Accountability in Development ('RAID') V das Air and Global Witness V Afrimex: Small Steps towards an Autonomous Transnational Legal System for the Regulation of Multinational Corporations
The enforcement framework for the OECD's Guidelines for Multinational Enterprises has long been the subject of criticism, especially by representatives of private and public actors. But two recent cases have suggested that enforcement actions arising...
R V. Tang: Clarifying the Definition of 'Slavery' in International Law
I Introduction II Facts III On Slavery: The High Court Majority Judgment IV Concurrent Opinions V Conclusion I INTRODUCTION The 21st century has witnessed a renaissance of court eases dealing with slavery. In the wake of the 2000 United Nations...
The Exile of Inclusion: Reflections on Gender Issues in International Law over the Last Decade
CONTENTS I Introduction II Inclusion: The Institutional Spread of Feminist Ideas III A New Form of Exile? Assessing the Costs of Increased Institutional Engagement IV Conclusion I INTRODUCTION 'But the Security Council is the...
The Last Outpost: Automatic CISG Opt Outs, Misapplications and the Costs of Ignoring the Vienna Sales Convention for Australian Lawyers
Australian lawyers and courts have tried long and hard to ignore the CISG. However, this article argues that widespread exclusion of the CISG and its misapplication in Australian courts has had serious consequences." clients have been disadvantaged,...