Melbourne Journal of International Law

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

Articles from Vol. 9, No. 2, October

Climate Change and Peak Oil as Threats to International Peace and Security: Is It Time for the Security Council to Legislate?
[The need to take decisive, coordinated, global action on the twin threats of climate change and peak oil is becoming increasingly urgent. There has been plenty of rhetoric and considerable activity on climate change, but if measured in terms of global...
Corporate Accountability under the Alien Tort Claims Act
[Since the late 1990s, plaintiff, have increasingly used the Alien Tort Claims Act to attempt to hold multinational corporations to account for their alleged misconduct outside the United States. In Sosa v Alvarez-Machain ('Sosa'), decided in 2004,...
Indigenous Struggles in Standard-Setting: The United Nations Declaration on the Rights of Indigenous Peoples
[For over twenty years, indigenous peoples have worked toward the adoption of the United Nations Declaration on the Rights of Indigenous Peoples. When the Declaration was passed on 13 September 2007, it was a triumph for indigenous peoples who had...
New Publications in International Law
I GENERAL PUBLIC INTERNATIONAL LAW Chittharanjan F Amerasinghe, Diplomatic Protection (Oxford University Press, 2008) ISBN 9780199212385. Christine Bell, On the Law of Peace: Legal Aspects of Peace Agreements (Oxford University Press, 2008) ISBN...
Quo Vadit Jus Ad Bellum? A Legal Analysis of Turkey's Military Operations against the PKK in Northern Iraq
[In October 2007, a series of cross-border attacks by Kurdistan Workers' Party fighters operating from inside northern Iraq led Turkish authorities to launch (unauthorised) military operations in Iraqi territory. The present article analyses to what...
R. (on the Application of Al-Jedda) V. Secretary of State for Defence: Human Rights in a Multi-Level System of Governance and the Internment of Suspected Terrorists
CONTENTS I Introduction II The Law of International Legal Responsibility A Effective Control B The 'Authorisation' or 'Delegation' Test C International Responsibility in Behrami and Saramati III International Responsibility in Iraq...
The Sinking of the Strait: The Implications of Climate Change for Torres Strait Islanders' Human Rights Protected by the ICCPR
[The Torres Strait Islands are among the most vulnerable regions to climate change in Australia. This paper examines the implications of climate change for Torres Strait Islanders' human rights protected by the International Covenant on Civil and Political...
Torture Team: Human Rights, Lawyers, Interrogations and the 'War on Terror' - a Response to Philippe Sands
CONTENTS I Introduction II The Cover Up: The Administration's Attempt to Pass the Buck A The Schlesinger Report B The Cracks Begin to Appear III A Tale of Two Strands: The Unravelling of the Administration's Account A The Presidential...
Torture Team: The Responsibility of Lawyers for Abusive Interrogation
CONTENTS I Introduction II The Proscription on Torture and the Memo of 2 December 2002 III The Administration's Narrative A Exploring the Narrative 1 The Presidential Decision that the Geneva Conventions Did Not Apply...
Voluntary Human Shields, Direct Participation in Hostilities and the International Humanitarian Law Obligations of States
[Voluntary human shields challenge accepted norms that have treated the civilian as a passive subject of rather than an actor in, armed conflict. Later this" year, the International Committee of the Red Cross will deliver a final report on the deliberations...