Melbourne Journal of International Law

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

Articles from Vol. 9, No. 1, May

Ahmadou Sadio Diallo: Republic of Guinea V. Democratic Republic of the Congo: Clarifying the Scope of Diplomatic Protection of Corporate and Shareholder Rights
CONTENTS I Introduction II Facts III Decision on Preliminary Objections A Diallo's Expulsion from Congolese Territory B Diallo's Rights as an Associe C Claims on behalf of Africom-Zaire and Africontainers-Zaire IV Comment ...
Australia's Interests under TRIPS Dispute Settlement: Trade Negotiations by Other Means, Multilateral Defence of Domestic Policy Choice, or Safeguarding Market Access?
[The TRIPS Agreement subsumes and applies the earlier international law of intellectual property (notably the Paris and Berne Conventions), but is typically distinguished from this juristic heritage by the still controversial reframing of intellectual...
Carbon Footprints, Food Miles and the Australian Wine Industry
[The embrace of carbon footprinting and local food sourcing as environmental measures designed to reduce greenhouse gas emissions poses a potential threat to Australian food export industries which are geographically distant to market, like the Australian...
Fragmentation in Two Dimensions: The ICJ's Flawed Approach to Non-State Actors and International Legal Personality
[Non-state actors have a profound and growing impact on international affairs. In light of their international influence, it is unsurprising that certain types of non-state actors have also been involved in high-profile international legal disputes....
Obstacles on the Road to Protection: Assessing the Treatment of Sex-Trafficking Victims under Australia's Migration and Refugee Law
[In recent vears both the international community and the Australian Government have renewed efforts to address the problem of sex-trafficking. This reflects the growing recognition that effectively addressing the issue of trafficking requires more...
Rape in Berlin: Reconsidering the Criminalisation of Rape in the International Law of Armed Conflict
[The specific criminalisation of sexual violence in war has made immense strides in recent years, as feminists engaged with the International Criminal Tribunal for the Former Yugoslavia. the International Criminal Tribunal for Rwanda and the Rome Statute...
The Artsakh Question: An Analysis of Territorial Dispute Resolution in International Law
[Since the ceasefire ending the armed conflict between Armenia and Azerbaijan in 1994, the Organization for Security and Co-operation in Europe Minsk Group has attempted to mediate the ongoing territorial dispute between the two states concerning the...
To What Extent Does the ICCPR Support Procreation and Parenting by Lesbians and Gay Men?
[Throughout the world, domestic legal systems fail to secure adequate procreative and parenting opportunities for lesbians and gay men. This article looks at the possibilities offered by United Nations human rights law as a source of the obligation...
Transnational Judicial Dialogue, Internationalisation of Law and Australian Judges
[In recent years an increasing number of judges of national courts, including in Australia, have taken part in a transnational dialogue about basic principles of the law, the values that underpin these principles, and the light that may be thrown on...
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