Melbourne Journal of International Law

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

Articles from Vol. 5, No. 1, May

A Broad Framework for the Exploration of South China Sea Hydrocarbon Deposits in the Context of the Trans-Asean Gas Pipeline
[Proposals to interconnect the existing gas infrastructure of ASEAN states by means of a Trans-ASEAN Gas Pipeline carry considerable potential for increased economic development, efficiency and improved energy security in South East Asia. Longer-term...
Acting Extraterritorially to Tame Multinational Corporations for Human Rights Violations: Who Should 'Bell the Cat'?
[The continued impunity of multinational corporations ('MNCs') for human rights violations is driving the search for an effective as well as efficient regulatory model. Regulation of MNCs by home states through extraterritorial laws is a recent addition...
B & B and Minister for Immigration and Multicultural and Indigenous Affairs: Can International Treaties Release Children from Immigration Detention Centres?
CONTENTS I Introduction II B & B--Summary of the Facts and Decisions III The Effect of International Treaties on Australian Domestic Law A Incorporation by Legislation (Category One) B Incorporation by Interpreting Ambiguities and...
Case concerning Oil Platforms (Islamic Republic of Iran V United States of America): Did the ICJ Miss the Boat on the Law on the Use of Force?
CONTENTS I Introduction II Facts and Earlier Proceedings III The Judgment on the Merits A Iran's Claim B The US Counterclaim IV Comment A The Law on the Use of Force B The Meaning of 'Freedom of Commerce'. C Judicial...
Chief Justice Nicholson, Australian Family Law and International Human Rights
[The Hon Alastair Nicholson retires in July 2004 after 16 years as Chief Justice of the Family Court of Australia. In this article, based on a valedictory address, the author describes Nicholson CJ's career. He introduces his theme with illustrations...
Developing Countries and Their Engagement in the World Trade Organization: An Assessment of the Cancun Ministerial
[This commentary considers the implications of the failure of the 2003 Cancun Ministerial of the Worm Trade Organization. In particular, it contests the blunt perspective that the failure of the Ministerial was the result of developing country intransigence....
Incompatible Reservations to Human Rights Treaties: Severability and the Problem of State Consent
[Article 19(c) of the Vienna Convention on the Law of Treaties requires that reservations to treaties be compatible with the object and purpose of those treaties. This article examines the possible consequences for reservations to multilateral 'law-making'...
Judicial Discretion and Human Rights: Expanding the Role of International Law in the Domestic Sphere
[Australian case law points to the emergence of a new development in the use of international human rights law by judges in the exercise of their discretionary powers. While resort to international law as an aid to the development of the common law,...
Privatising Human Rights: What Happens to the State's Human Rights Duties When Services Are Privatised?
[International human rights law has traditionally focused on the obligations of states in fulfilling human rights--including the fulfilment of economic and social rights--through the provision of social services. This article asks how that state-focused...
Removing the Distinction between International and Non-International Armed Conflict in the Rome Statute of the International Criminal Court
[This article argues that the distinction between international and non-international armed conflict should be removed from the war crimes provisions of the 1998 Rome Statute of the International Criminal Court. This distinction arises from the history...
Testing the Ratcheting Labor Standards Proposal: Indonesia and the Shangri-La Workers
[In 2000, three American academics, Archon Fung, Data O'Rourke and Charles Sabel, presented a new theory of international labour regulation known as Ratcheting Labor Standards ('RLS'). Though a number of responses to the theory have been published,...
The Doctrine of State Responsibility as a Potential Means of Holding Private Actors Accountable for Human Rights
[The past few decades have witnessed an increase in the influence of private actors on domestic and international policies concerning the economy, welfare programs, taxation, trade, legislation, labour issues, education, development and other important...