Australian International Law Journal

Articles from Vol. 14, Annual

Case concerning the Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina V. Serbia and Montenegro), Judgment of 26 February 2007, General List No. 91
Introduction Earlier this year, on 27 February, a mass demonstration was held in Sarajevo, where 10,000 victims of the Srebrenica genocide expressed their disillusionment with the judgment of the International Court of justice ('ICJ') handed down...
Decision No. 2-3/PUU-V/2007 (2007) (Indonesian Constitutional Court)
Introduction After the fall of President Suharto's authoritarian 'New Order' regime in 1998, Indonesia's legal and political systems underwent a seismic process of reform (the 'reformasi eta') (1) In less than four years, the 1945 Constitution of...
Faheem Khalid Lodhi V. Regina
Introduction Faheem Khalid Lodhi was charged with four discrete terrorism-related offences under three sections of the Commonwealth Criminal Code (1) ('the Code'): s 101.4, s 101.5 and s 101.6, all of which relate to the procurement and possession...
Financing Adaptation in Pacific Island Countries: Prospects for the Post-2012 Climate Change Regime
Abstract This article explores the issues surrounding the development of the post-2012 international climate change regime with respect to financing for adaptation in Pacific Island countries. It is argued that adaptation to the adverse impacts...
Hicks V. Ruddock
Introduction David Matthew Hicks was released from Yatala Prison on 29 December 2007. Mr Hicks' release concluded more than five years of detention and imprisonment. Questions remain over the legality of Mr Hicks' detention by the United States...
Human Rights and Climate Change
Climate change, already affecting the lives of millions, is increasingly becoming one of the most urgent human rights challenges facing the global community. Yet government responses to climate change to date have tended to consider it an ecological...
International Law Ass'n (Australian Branch) Annual General Meeting
2007 has been a year of great significance for the Association. The primary development has been the restructure of the Journal which has regrettably fallen behind in production and content. I am delighted that Dr Ben Saul of the University of Sydney...
International Law in Australia under the Rudd Government: Some Initial Impressions; Address to the International Law Ass'n (Australian Branch), Annual General Meeting
Australia has just been through an election campaign in which considerable prominence was given to the ratification of an international treaty, the implications of that treaty for Australia, and the position Australia would take into international...
Is Peace Possible through an International Rule of Law? Speech at the Sydney Centre for International Law, Faculty of Law, the University of Sydney
Introduction The international landscape today is very different from that of two decades ago. The Cold War has ended, removing many serious threats to international peace and security. However, the international order that has replaced it has presented...
Is the Crisis of Climate Change a Crisis for International Law: Is International Law Too Democratic, Too Capitalist and Too Fearful to Cope with the Crisis of Climate Change?
Abstract This article goes beyond the international law of climate change to pose some bigger picture questions regarding the relationship of climate change and international law First, is that as to whether international law has some responsibility...
Jurisdiction and Choice of Law Rules for Defamation Actions in Australia Following the Gutnick Case and the Uniform Defamation Legislation
This article considers the private international law rules applying to tort actions generally, and the tort of defamation in particular, within Australia, the United Kingdom, Canada and the United States. It identifies outstanding jurisdictional and...
Preserving a Balanced Ocean: Regulating Climate Change Mitigation Activities in Marine Areas beyond National Jurisdiction
Abstract The urgency associated with mitigating the adverse impacts of climate change has spawned a variety of geoengineering schemes designed to promote better absorption of carbon dioxide and other greenhouse gases from the earth's atmosphere...
Protecting World Heritage Sites from the Adverse Impacts of Climate Change: Obligations for States Parties to the World Heritage Convention
Through its mandate to protect and preserve places of 'outstanding universal value', the World Heritage Convention provides an unlikely yet effective tool in global efforts to mitigate climate change. The practical efficacy of the Strategy to Assist...
Public Address by the Australian Foreign Affairs Minister; Address to the Annual Diplomatic Corps Christmas Party, Canberra
Secretary of the Department of Foreign Affairs and Trade, Michael L'Estrange. Thank you for that introduction. Your Excellencies. My parliamentary colleagues, the Minister for Trade, the Hon Simon Crean, and the Parliamentary Secretary for Trade, the...
R. (on the Application of Al-Jedda) V. Secretary of State for Defence
In R (on the application of Al-Jedda) v Secretary of State for Defence ('Al-jedda'), (1) the House of Lords evaluated the legality of certain British acts in Iraq, performed while part of the multinational force ('MNF). Four Lords rejected the Secretary...
State Responsibility and Self-Defence in International Law Post 9/11: Has the Scope of Article 51 of the United Nations Charter Been Widened as a Result of the US Response to 9/11?
In the aftermath of 9/11, there has been a general consensus that an armed attack of sufficient gravity is still a requisite element to establish the right of self-defence in international law. Debate has however surrounded the level of state responsibility...
The Genocide Convention Case: Confusion or Clarity? Case concerning the Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina V. Serbia and Montenegro), Judgment of 26 February 2007, General List No. 91
This article analyzes the judgment of the International Court of Justice delivered on 26 February 2007 dealing with the 1948 Convention on the Prevention and Punishment of the Crime of Genocide and State responsibility. If highlights the important...
The International Law of Climate Change
This issue of the Australian International Law Journal('AILJ') engages with a challenge that will dominate international law and legal institutions throughout this century--climate change. We are most grateful to the Editor-in-Chief, Dr Ben Saul, for...
The International Legal Issues Relating to the Facilitation of Sub-Seabed (CO.Sub.2) Sequestration Projects in Australia
In the last decade there has been growing momentum to develop carbon capture and storage technologies to address the adverse effects of climate change on marine ecosystems. In November 206, the 1996 Protocol to the London Convention was amended to...
There's No Place like Home: Human Displacement and Climate Change
Abstract Forced migration of human populations due to the impacts of climate change poses an enormous challenge for the world community and international legal system to accommodate. At present there are no coordinated legal and administrative systems...