Australian International Law Journal

Articles from Vol. 19, Annual

Al-Skeini V United Kingdom (2011) 53 EHRR 18
I Introduction Al-Skeini v United Kingdom (1) concerned the treatment of Iraqi civilians and detainees by UK soldiers during the occupation phase of the Iraq conflict. The case highlights the impact of human rights law, in particular the Convention...
Barriers to Universal Membership of the World Trade Organization
Abstract This article examines the feasibility of achieving the World Trade Organization's stated aspiration of achieving universal membership. The article first examines the requirements for accession, and argues that the commonly-used definition...
China-Measures Related to Exportation of Various Raw Materials, Report of the Appellate Body
I Introduction On 30 January 2012, the Appellate Body of the World Trade Organization ('WTO') published its decision in relation to China--Measures Related to Exportation of Various Raw Materials. (1) The dispute was between China and the United...
Deep Seabed Mining: Implications of Seabed Disputes Chamber's Advisory Opinion
Abstract In February 2011, the Seabed Disputes Chamber unanimously adopted an advisory opinion: Responsibilities and Obligations of Slates Sponsoring Persons and Entities with Respect to Activities in the Area. This opinion is significant as it...
Diane A Desierto, Necessity and National Emergency Clauses: Sovereignty in Modern Treaty Interpretation (Martinus Nijhoff, 2012), ISBN 978-90-04-21852-9, 411 Pages
There is no 'one-size-fits-all' definition of the doctrine of necessity under international law. Its meaning and application under a particular treaty regime depend upon the text of the treaty and its underlying object or purpose. In simplified terms,...
Hybrid and Internationalised Criminal Tribunals: Selected Jurisdictional Issues
Sarah Williams, Hybrid and Internationalised Criminal Tribunals: Selected Jurisdictional Issues (Hart, 2012), ISBN 978-1-84113-672-1, 470 pages. This work looks at seven so-called 'hybrid' or 'internationalised' tribunals established in recent times...
International Arbitration in Australia: Selected Case Notes and Trends
Abstract This article briefly considers caseload statistics and aggregate trends regarding International Arbitration Act 1974 (Cth) matters heard by Australian courts. It then provides selective case notes on 11 judgments rendered since 2010, querying...
Jurisdictional Immunities of the State (Germany V Italy; Greece Intervening) (Judgment) International Court of Justice, General List No 143, 3 February 2012)
Introduction On 3 February 2012, the International Court of justice ('ICJ') adjudged a dispute between the Federal Republic of Germany and the Italian Republic--the Hellenic Republic intervening. The dispute concerned Germany's purported immunity...
Lifting the Organisational Veil: Positive Obligations of the European Union Following Accession to the European Convention on Human Rights
Abstract This article examines the likely positive obligations of the European Union ('EU') following its approaching accession to the European Convention on Human Rights. By focusing on the Dublin Regulation and recent asylum seeker returns to...
Momcilovic V the Queen (2011) 245 CLR I
I Introduction In Momcilovic v The Queen, (1) the High Court considered several issues of major public importance. (2) These included the effect of 'reverse onus' provisions and whether Victorian legislation was inconsistent with Commonwealth law...
Not Yet out of the Woods: Australia's Attempt to Regulate Illegal Timber Imports and World Trade Organization Obligations
Abstract The Illegal Logging Prohibition Bill, introduced in the Commonwealth Parliament in 2011, gives effect to a 2010 election commitment of the Gillard government to restrict imports of illegally logged timber products into Australia. This article...
Nystrom V Australia, UN Doc CCPR/C/102/D/1557/2007 (18 July 2011)
I Introduction On 18 July 2011, the United Nations Human Rights Committee (the 'Committee') published its views in Nystrom v Australia. (1) In Nystrom, the Committee expanded the scope of art 12(4) of the International Covenant on Civil and Political...
Protecting Australian Cyberspace: Are Our International Lawyers Ready?
Abstract Cyberspace is an important element of Australia's critical national infrastructure. Recent policy developments within this field seek to maintain economic opportunity and protect national security. This article discusses four contemporary...
Recent Judicial Aberrations in Australian Private International Law
Abstract This article discusses three Australian first-instance decisions of 2010 On matters of private international law. The cases are Singh v Singh, where an injunction restraining a person from participating in foreign criminal proceedings was...
SGS Societe Generale De Surveillance SA V the Republic of Paraguay, Decision on Jurisdiction, Case No ARB/07/29, International Centre for Settlement of Investment Disputes
Introduction The institution of investment arbitration has transformed the landscape of investment protection. (1) Substantive norms aside, investors' ius standi to directly invoke the arbitration procedure has infused a sense of security in cross-border...
Splendid Isolation? Australia as a Destination for 'Libel Tourism'
Abstract 'Libel tourism' has been a source of tension between the United States and the United Kingdom. Ti highlights the difference not only between these countries' defamation laws but also their conflict of laws rules. Legislation to combat the...
Symposium Paper: The Future of Private International Law in Australia
Abstract In a seminar held at the University of Sydney on 16 May 2011, four speakers were invited to consider 'The Future of Private International Law in Australia' from different perspectives--judge, lawyer in government, practitioner and academic....
Symposium Paper: The Future of Private International Law in Australia
Abstract This is an edited transcript of observations made by Andrew Bell SC in the course of a seminar on 16 May 2011 on 'The Future of Private International Law in Australia'. I Introduction When launching the 8th edition of Nygh's Conflict...
The Multilateralization of International Investment Law
Stephan W Schill, The Multilateralization of International Investment Law (Cambridge University Press, 2009), ISBN 978-0-521-76236-6, 451 pages The emergence of international investment law has been one of the more striking developments in the international...
To Bind or Not to Bind: The United Nations Declaration on the Rights of Indigenous Peoples Five Years On
Abstract In 2012, the United Nations Declaration on the Rights of Indigenous Peoples ('UNDRIP') celebrates its fifth birthday. Since its adoption by the UN General Assembly in 2007, the UNDRIP has inspired expansive academic commentary. This literature...