Melbourne Journal of International Law

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

Articles from Vol. 4, No. 1, May

Advice on the Use of Force against Iraq
The Melbourne Journal of International Law was founded with the intention of providing a forum for the informed and considered discussion of issues of international law, with a specific focus, wherever possible, on the Asia-Pacific region. In furtherance...
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Advice to Hon Simon Crean MP on the Use of Force against Iraq
We have been asked to provide our opinion on the legality under international law of the use of force by Australia against Iraq in the absence of a further Security Council resolution. We conclude that military force can only be used against Iraq...
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Advice to Hon Simon Crean MP on the Use of Force against Iraq
In this advice I have been asked to address two questions: 1 Whether existing Security Council Resolutions relative to Iraq provide continuing legal authority for Australia to take military action in Iraq? Answer: No. 2 Whether, in the circumstances,...
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Bioprospecting in Areas outside National Jurisdiction: Antarctica and the Southern Ocean
[This article examines the issues surrounding bioprospecting for potential resources from areas outside national jurisdiction. Bioprospecting is attracting attention in international law because there is a lack of clarity in the interplay between sovereign...
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Broken Promises: Trade, Agriculture and Development in the WTO
I INTRODUCTION The relationship between developing countries and the General Agreement on Tariffs and Trade ('GATT') (1) and World Trade Organisation ('WTO') multilateral trade regime is marked by a troubled history. Following decades of virtual...
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Dow Jones & Company Inc V Gutnick: An Adequate Response to Transnational Internet Defamation?
I INTRODUCTION The recent decision of the High Court of Australia in Dow Jones & Co Inc v Gutnick (1) has inspired much controversy. The reaction from media and technology groups has been particularly critical as they see the decision representing...
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East Timor, Transitional Administration and the Status of the Territorial Sea
I INTRODUCTION There is nothing new in the United Nations, more particularly the UN Security Council ('UNSC'), undertaking tasks or establishing protocols for the conduct of 'domestic' functions in post-conflict areas. This form of temporary UN...
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Gosselin V Quebec (Attorney-General): Is Starvation Illegal? the Enforceability of the Right to an Adequate Standard of Living
I INTRODUCTION From 1984-89 Quebec provided those citizens on welfare and under the age of 30 with payments amounting to only one-third of a subsistence level of income if they did not work or attend school. If they did work but could not earn subsistence...
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Homelessness and Human Rights: Regarding and Responding to Homelessness as a Human Rights Violation
[This article argues that homelessness is a violation of fundamental human rights and freedoms, including the right to liberty and security of the person, the right to freedom from discrimination, the right to privacy, the right to freedom of expression,...
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Memorandum of Advice to the Commonwealth Government on the Use of Force against Iraq
[1] We have been asked whether, in the current circumstances, any deployment of Australian forces to Iraq and subsequent military action by those forces would be consistent with Australia's obligations under international law. The short answer is 'yes'....
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Promoting a Pacific Pacific: A Functional Proposal for Regional Security in the Pacific Islands
I PREFACE Both historically (1) and contemporaneously, the South Pacific Region ('SFR') (2) has been host to an extensive amount of violence and conflict. Bougainville, Fiji, Papua New Guinea ('PNG'), New Caledonia, the Solomon Islands and Vanuatu...
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Prosecutor V Brdjanin and Talic (Decision on Motion to Set Aside Confidential Subpoena to Give Evidence) and (Decision on Interlocutory Appeal): In the Public Interest? War Correspondents as Witnesses before International Criminal Courts
INTRODUCTION This case note discusses the landmark decision of the Appeals Chamber of the International Criminal Tribunal for the Former Yugoslavia ('ICTY') in the case of Prosecutor v Brdjanin and Talic (Decision on Interlocutory Appeal) (1) not...
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The International Court of Justice and Highly Political Matters
[Many commentators, including even some members of the International Court of Justice itself, have expressed concerns about the Court's ability to make a valid contribution to the resolution of highly political matters--those matters where the national...
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The Liability of Non-State Actors for Torture in Violation of International Humanitarian Law: An Assessment of the Jurisprudence of the International Criminal Tribunal for the Former Yugoslavia
[The International Criminal Tribunal for the Former Yugoslavia, in considering charges of torture as a war crime, has on three occasions been required to determine the definition of torture under international humanitarian law. One aspect of the definition...
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The Social Power of Bodin's 'Sovereignty' and International Law
[The word 'sovereignty' provides a forceful example of the social power of language as an organic instrument playing a leading role in the continuous and continuing process of creating and transforming human reality. The paper examines a pivotal episode...
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