Melbourne Journal of International Law

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

Articles from Vol. 13, No. 2, November

Climate Policy and Border Adjustment Regulation: Designing a Coherent Response
The Australian Government's Clean Energy Legislative Package includes the legislative infrastructure for a carbon tax which came into full effect in July 2012. Although the legislation is comprehensive, we argue that it lacks a mechanism that adequately...
Dark Justice: Australia's Indefinite Detention of Refugees on Security Grounds under International Human Rights Law
This article examines Australia's security assessment and related detention of refugees in the light of international human rights law. The current domestic legal process typically denies refugees any or adequate notice of the allegations and evidence...
Gender, Shame and Sexual Violence: The Voices of Witnesses and Court Members at War Crimes Tribunals
GENDER, SHAME AND SEXUAL VIOLENCE: THE VOICES OF WITNESSES AND COURT MEMBERS AT WAR CRIMES TRIBUNALS BY SARA SHARRATT (FARNHAM, UK: ASHGATE, 2011) 196 PAGES. PRICE 55.00 [pounds sterling] (HARDCOVER) ISBN 9781409419990. Although the concept of the...
Gender Violence or Violence against Women? the Treatment of Forced Marriage in the Special Court for Sierra Leone
The article considers the case for viewing forced marriage, a prevalent form of violence suffered by women during the Sierra Leone conflict, as a gender crime. The article begins with a brief examination of the Special Court for Sierra Leone trials,...
International Law and the International Court of Justice's Decision in Jurisdictional Immunities of the State
CONTENTS I Introduction II The Background A The Factual Background B The Contested Doctrinal Background III The Proceedings before the Court A Incidental Proceedings B The Pleadings of the Parties in the Main Proceedings ...
International Law in Domestic Courts and the Jurisdictional Immunities of the State Case
National court litigation in Greece and Italy prompted Germany to bring suit before the International Court of Justice ('ICJ'), resulting in the Jurisdictional Immunities of the State judgment. The history of that litigation, as well as the ICJ's judgment...
Language Games of International Law: Koskenniemi as the Discipline's Wittgenstein
THE POLITICS OF INTERNATIONAL LAW BY MARTTI KOSKENNIEMI (HART PUBLISHING, OXFORD, UK AND PORTLAND, OREGON, 2011) 371 PAGES. PRICE US$70.00 (PAPERBACK) ISBN 9781841139395. CONTENTS I Introduction II The Non-Philosophy and the Non-Theory of the...
New Publications in International Law
I GENERAL INTERNATIONAL LAW Amnon Altman, Tracing the Earliest Recorded Concepts of International Law: The Ancient Near East (2500-330 BCE) (Brill, 2012) ISBN 9789004222526. Julio Bacio Terracino, The International Legal Framework against Corruption:...
Ratification of African Union Treaties by Member States: Law, Policy and Practice
The African Union ('AU') seeks to achieve its policy goals through the adoption of treaties. The realisation of these goals requires that the treaties be signed, ratified and implemented by the member states. As an institution, the AU lacks powers...
Temporary Protection, Derogation and the 1951 Refugee Convention
Temporary protection is generally associated with protection of limited duration and standards of treatment lower than those envisaged in the 1951 Convention relating to the Status of Refugees ('1951 Refugee Convention' or 'Convention'). In some mass...
The Children of Mae La: Reflections on Regional Refugee Cooperation
CONTENTS I Welcome to Mae Sot II Protracted Refugee Situations in Southeast Asia III International Regulation of Migration A International Law 1 Right to Seek and Enjoy Asylum 2 Non-Refoulement 3 Other Impediments...
The UN Convention on the Elimination of All Forms of Discrimination against Women: A Commentary
THE UN CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN: A COMMENTARY EDITED BY MARSHA A FREEMAN, CHRISTINE CHINKIN AND BEATE RUDOLF (OXFORD, UK: OXFORD UNIVERSITY PRESS, 2012) 808 PAGES. PRICE AU$239.95 (HARDCOVER) ISBN 9780199565061....
Towards a Communicative Theory of International Law
FORMALISM AND THE SOURCES OF INTERNATIONAL LAW: A THEORY OF THE ASCERTAINMENT OF LEGAL RULES BY JEAN D'ASPREMONT (OXFORD, UK: OXFORD UNIVERSITY PRESS, 2011) 288 PAGES. PRICE 60.00 [pounds sterling] (HARDCOVER) ISBN 9780199696314. CONTENTS I Introduction II...