Melbourne Journal of International Law

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

Articles from Vol. 2, No. 1, June

Building Blocks: Australia's Response to Foreign Extraterritorial Legislation
[This paper discusses the nature of extraterritorial legislation and the use of `blocking' legislation to counter its effects, It examines the history of Australia's blocking legislation and the effects of foreign extraterritorial laws on Australia....
Convergence or Clash? the Recognition of Customary Law and Practice in Sentencing Decisions of the Courts of the Pacific Island Region
[Jurisprudential debate in the Pacific Island region is often focused on what the relationship between introduced/adopted law and customary law and practice was, is and should be. Here, the debate is narrowed to a particular area of law and procedure.'...
Invoking State Responsibility for Aiding the Commission of International Crimes: Australia, the United States and the Question of East Timor
[This paper discusses the International Law Commission's Draft Articles on State Responsibility (`Draft Articles'), focusing in particular on the International Law Commission's recent adoption of a compromise position, which abandons the international...
Japan Opens the Door to Parallel Imports of Patented Goods
JAPAN OPENS THE DOOR TO PARALLEL IMPORTS OF PATENTED GOODS I INTRODUCTION In BBS Krafifahrzeugtechnik AG v Racimex Japan KK; Jap Auto Products KK(1) the Supreme Court of Japan had the opportunity to decide an important question concerning the...
Moving Gaily Forward? Lesbian, Gay and Transgender Human Rights in Europe
[This article assesses the recent jurisprudence of the European judicial institutions in the area of lesbian, gay and transgender human rights. It considers four areas of rights protection: privacy, non-discrimination, family, and marriage. It concludes...
Republic of Fiji V. Prasad
INTRODUCTION The law, and the judges who apply and make it, normally have little or no role to play in the midst of a coup d'etat. The reasoning behind a coup is the antithesis of the rule of law; particularly in the Fiji Islands, where the coup...
The Hong Kong Court of Final Appeal
I THE COURT The Hang Kong Court of Final Appeal (`CFA') is, as its very name suggests, the final court of appeal in the Hang Kong Special Administrative Region (`HKSAR'). The Region is an unalienable part of the People's Republic of China (`PRC').(l)...
The Olympic Legal Legacy
I INTRODUCTION The Sydney 2000 Olympic Games left Australia with a legacy that extends beyond the sporting, cultural and artistic boundaries that are commonly assumed to arise as a result of a nation hosting the Olympic Games. The Games saw a greater...
The Overlap between Geographical Indications and Trade Marks in Australia
I INTRODUCTION The issue of the overlap and potential conflict in Australia between trade marks and geographical indications was enlivened when Australia enacted legislation in late 1993 designed to protect geographical indications. The legislation...