Melbourne Journal of International Law

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

Articles from Vol. 13, No. 1, June

A Critical Review of the ICC's Recent Practice concerning Admissibility Challenges and Complementarity
CONTENTS I Introduction II The Two-Fold Test in Art 17: From Pragmatic Assistance in Self- Referrals to Rejection of State Parties' Admissibility Challenges III Determining Activity: Exporting the 'Same Person/Same Conduct' Test to Contexts...
A Weight for Water: An Ecological Feminist Critique of Emerging Norms and Trends in Global Water Governance
The human population is placing an ever-greater demand on the Earth's freshwater supply. These water systems are interdependent components of a planetary hydrologic cycle. Reflecting this reality, a global water governance framework, based on multilateral...
Emergence of New States in Africa and Territorial Dispute Resolution: The Role of the International Court of Justice
This article examines the potential contribution of the International Court of Justice ('Court') in resolving current and emerging territorial disputes in Africa. The article contends that the Court as the principal judicial organ of the Charter of...
Extraterritorial Criminal Jurisdiction: Does the Long Arm of the Law Undermine the Rule of Law?
Assertions of extraterritorial jurisdiction have become increasingly frequent in the 21st century. Although a useful response to transnational crime, such assertions are often highly politicised and used by states to further unilateral foreign policy...
Extraterritorial Use of Force against Non-State Actors
EXTRATERRITORIAL USE OF FORCE AGAINST NON-STATE ACTORS BY NOAM LUBELL (OXFORD, OK: OXFORD UNIVERSITY PRESS, 2010) 320 PAGES. PRICE AU$143.95 (HARDBACK) ISBN 9780199641222. In 2011, the liquidation of Osama bin Laden, the confirmation of the President...
Foreword
2011 presented many remarkable opportunities for reflecting upon, refining and developing the principles of international humanitarian law ('IHL') and international criminal law ('ICL'). On one view, international law seeks to 'account for, respond...
How Command Responsibility Got So Complicated: A Culpability Contradiction, Its Obfuscation, and a Simple Solution
The literature on command responsibility is extensive and is rapidly growing more complex. In this article, I argue that command responsibility can be much simpler than it seems, I focus on a single puzzle, one hidden in plain sight. The puzzle is...
Legal-Policy Considerations and Conflict Characterisation at the Threshold between Law Enforcement and Non-International Armed Conflict
When characterising a conflict situation as an international armed conflict, states and other analysts traditionally consider the facts on the ground'. When determining whether a situation is one of civil disturbance and riot, or has risen to the level...
Prosecuting International Crimes in Australia: The Case of the Sri Lankan President
In October 2011 an Australian citizen filed an indictment for war crimes and crimes against humanity against President Mahinda Rajapaksa in the Melbourne Magistrates' Court. Within a day of the indictment being filed, the Commonwealth Attorney-General,...
Reconsidering the Proper Law of the Contract
This article appraises the choice of law rule that applies where parties have either impliedly chosen, or failed to choose, the law governing their contract. It reconsiders the problems besetting the common law rule, known as the proper law of the...
Rediscovering the War Crimes Trials in Hong Kong, 1946-48
In Hong Kong, from 28 March 1946 to 20 December 1948, four British military tribunals tried war crimes cases from across the British colonial territories of Hong Kong, Kowloon and the New Territories, and also from Formosa (Taiwan), China (Waichow...
The Gaza Mission: Implications for International Humanitarian Law and Un Fact-Finding
The Report of the United Nations Fact-Finding Mission on the Gaza Conflict was published more than two years ago. The UN Human Rights Council and the UN General Assembly endorsed the recommendations of the Report and requested both parties to undertake...
The Implications of the Failed 'Malaysian Solution': The Australian High Court and Refugee Responsibility Sharing at International Law
The notion that international cooperation is required in order to adequately respond to the challenge of refugee protection is a well established and accepted concept, yet in recent decades many states' attempts to engage in responsibility sharing...
The International Convention for the Protection of All Persons from Enforced Disappearance and Its Contributions to International Human Rights Law, with Specific Reference to Extraordinary Rendition
The first Part of this article presents the major advances in international human rights law introduced by the International Convention for the Protection of All Persons from Enforced Disappearance ('CPED'). The second Part examines the legal nature...
The International Criminal Court and National Courts: A Contentious Relationship
THE INTERNATIONAL CRIMINAL COURT AND NATIONAL COURTS: A CONTENTIOUS RELATIONSHIP BY NIDAL NABIL JURDI (FARNHAM, UK: ASHGATE, 2011) 303 PAGES. PRICE 65.00 [pounds sterling] (HARDCOVER) ISBN 9781409409168. The ability to exercise criminal jurisdiction...
The Legacy of the International Criminal Tribunal for the Former Yugoslavia
THE LEGACY OF THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA EDITED BY BERT SWART, ALEXANDER ZAHAR AND GORAN SLUITER (OXFORD, UK: OXFORD UNIVERSITY PRESS, 2011) 584 PAGES. PRICE AU$181.95 (HARDBACK) ISBN 9780199573417. 'A legacy is...
'The Nuremberg Military Tribunals and the Origins of International Criminal Law'
THE NUREMBERG MILITARY TRIBUNALS AND THE ORIGINS OF INTERNATIONAL CRIMINAL LAW BY KEVIN JON HEELER (OXFORD, UK: OXFORD UNIVERSITY PRESS, 2011) 509 PAGES. PRICE US$135.00 (HARDBACK) ISBN 9780199554317. BEYOND VICTOR'S JUSTICE? THE TOKYO WAR CRIMES...
The Pacific Island States: Themes Emerging from the United Nations Human Rights Council's Inaugural Universal Periodic Review?
This commentary reviews the Universal Periodic Review experience of the Pacific Island states. Under the auspices of the new United Nations Human Rights Council, every UN member state, including the 12 Pacific Island states holding UN membership, underwent...
The Responsibility to Protect after Libya and Syria
At the United Nations World Summit in 2005, global political leaders endorsed a new doctrine to govern international political behaviour entitled the 'responsibility to protect'. Pursuant to this doctrine, the nations of the world affirmed that the...
The Search for an International Legal Concept of Democracy: Lessons from the Post-Conflict Reconstruction of Sierra Leone
This article explores the treatment of democracy in the formulation of United Nations resolutions, peace agreements and external aid agreements related to the post-conflict reconstruction of Sierra Leone. It seeks to contribute towards a fuller understanding...
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