Australian International Law Journal

Articles from Vol. 18, Annual

Appellate Body Report, Australia - Measures Affecting the Importation of Apples from New Zealand, WTO Doc WT/DS367/AB/R (29 November 2010)
I Introduction The place of agriculture under the World Trade Organization (WTO) and its predecessor, the General Agreement on Tariffs and Trade (GATT), (1) has, for some time, been somewhat vexed. Indeed, the road to the incorporation of agriculture...
Breaking in the 'Unruly Horse': The Status of Mandatory Rules of Law as a Public Policy Basis for the Non-Enforcement of Arbitral Awards
Abstract International arbitration has increasingly emerged as a preferred method of dispute resolution in recent years as it offers parties to a contract the autonomy to choose the law that will govern any dispute arising from that contract. The...
Corruption and Human Rights in India: Comparative Perspectives on Transparency and Good Governance
Corruption is universal. However, countries are differentiated by the way a government responds to potential and actual corruption. Professor Raj Kumar's book demonstrates that the prevention, uncovering and reaction to corruption indicate the strength...
From Humanitarian Discretion to Complementary Protection - Reflections on the Emergence of Human Rights-Based Refugee Protection in Australia
Abstract For many years, Australia stood alone among industrialised countries for its failure to provide 'complementary protection' to people who are not refugees, but who are nonetheless at risk of return to serious human rights abuses in their...
Habib V. Commonwealth of Australia
I Introduction On 4 October 2001, three days before the commencement of United States (US) combat operations in Afghanistan, dual Australian-Egyptian citizen Mamdouh Habib was arrested in Pakistan by Pakistani authorities assisted by US officials....
Holder, Attorney General V Humanitarian Law Project 561 US (2010): Does Training in International Humanitarian Law and Human Rights Law Constitute 'Material Support to Terrorism'?
I Introduction Since 11 September 2001, there has been nationally and internationally a continued expansion in the scope of criminal offences related to terrorism. Specific acts of terrorism--ranging from, inter alia, offences against aircrafts...
Innovative Mechanisms for Resolving or Avoiding Inter-State Trade Disputes in an Asia-Pacific Regional Free Trade Agreement
Abstract This article elaborates upon ideas contributed to a symposium considering the possible shape of an Asia Pacific Community, including future trade arrangements within an Asia Pacific Community. It suggests some innovations in dispute settlement...
Interlocutory Decision on the Applicable Law: Terrorism, Conspiracy, Homicide, Perpetration, Cumulative Charging (United Nations Special Tribunal for Lebanon, Appeals Chamber
I Factual background The mandate of the United Nations (UN) Special Tribunal for Lebanon is to prosecute persons responsible for the attack of 14 February 2005 in Beirut, which resulted in the death of the former Lebanese Prime Minister Rafik Hariri...
Morrison V. National Australia Bank Ltd
Abstract The United States (US) Supreme Court recently overturned more than 40 years of US Federal Court of Appeal jurisprudence in holding that US anti-fraud provisions do not apply to securities listed on a non-US stock exchange, even if the alleged...
Novel Treaty-Based Approaches to Resolving International Investment and Tax Disputes in the Asia-Pacific Region
Abstract Trade and investment treaties have proliferated throughout the Asia-Pacific region. Their dispute resolution mechanisms are important in entrenching market access commitments, especially when providing for direct claims by firms against...
Plaintiff M 70/2011 V Minister for Immigration and Citizenship: Plaintiff M106/2011 V Minister for Immigration and Citizenship
I Introduction On 25 July 2011, the Australian Government entered into an arrangement ('the Arrangement') with the Government of Malaysia. Under the Arrangement, Australia would transfer to Malaysia $00 asylum seekers who had arrived in Australia...
The Asian Development Bank and the Role of Human Rights in the Pursuit of Just and Sustainable Development in the Asia-Pacific Region: An Advocacy Role for Australia?
Abstract The Asian Development Bank ('ADB') is an important institutional financer of development in the Asia-Pacific region: its primary mission is reducing poverty in the region by promoting sustainable and inclusive economic growth. ADB-financed...
The Draft Civil Code of the People's Republic of China: English Translation
This book provides an English translation of a major drafting work carried out by Professor Liang Huixing and many distinguished colleagues from Chinese law schools. The work was commenced in 1998 and completed in 1999 The aim was to create a complete...
The Institutionalization of Torture by the Bush Administration
Ten years after '9/11' (11 September 2001), the shell shock of the Bush Administration's counter-terrorism practices still resonates. For lawyers accustomed to expect the rule of law and strict controls on law enforcement, the laissez-faire approach...
The International Law of the Sea
Possibly for the wrong reasons--the planting of a Russian flag on the seabed at the North Pole in 2007 and the upsurge starting at about the same time in piracy off the coasts of Somalia, neither of which is evidence of any inadequacy in the existing...
The Last Frontier of Human Rights Protection: Interrogating Resistance to Regional Cooperation in the Asia-Pacific
Abstract Asia and the Pacific are the only regions in the world which are yet to establish cooperative regional mechanisms for the promotion and protection of human rights. This article briefly outlines the existing scope of human rights protections...
The Nature, Status and Future of Amnesties under International Criminal Law
Abstract The ultimate sovereign prerogative of States to begin and end wars and, in particular, to grant amnesties for crimes committed during those wars, has been significantly eroded by the expanding legal imperative to address crimes whose gravity...
The Survival of Head of State Immunity at the International Criminal Court
Abstract The recent cases that have been advanced by the Prosecutor of the International Criminal Court (ICC) against presidents Omar al-Bashir of Sudan, Muammar Gaddafi of Libya and Laurent Gbagbo of Cote d'Ivoire have attracted significant publicity....
Victim Participation at the International Criminal Court and Its Impact on Procedural Fairness
Abstract The victim participation regime in operation at the International Criminal Court marks a departure from the minimal role that victims have played in international criminal law proceedings in the past. This article examines the practice...