november 2009 newsletter - anu college of law · 2010. 11. 1. · cipl newsletter november | 2009...

NEWSLETTERCENTRE FOR INTERNATIONAL AND PUBLIC LAW

November 2009

ANU COLLEGE OF LAW

Note from the Director . . . . . . . . . . . . . . . . . . . . . . . 2

Welcome & other notices . . . . . . . . . . . . . . . . . . . . . . 3

CIPL’s Advisory Board . . . . . . . . . . . . . . . . . . . . . . . . . 4

Reconciliation Action Plan . . . . . . . . . . . . . . . . . . . . . 5

Events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Forthcoming Events . . . . . . . . . . . . . . . . . . . . . . . . . 18

Australian Year Book of International Law . . . . . . 19

Cambridge University Press (CUP) Series: Connecting International Law with Public Law . . . 21

Publications by Centre Members . . . . . . . . . . . . . . 22

Presentations, Papers and other Activities . . . . . . 24

Centre Staff & Members . . . . . . . . . . . . . . . . . . . . . 32

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� CIPL Newsletter November | 2009

continued on page 3

Note from the Director

This year’s newsletter covers the period from the 2008 Public law weekend through to this year’s Public Law Weekend . We are looking forward to seeing how the change to a Thursday and Friday schedule of this major Centre for International and Public Law (CIPL) conference affects the attendance . We appreciated the positive response we received from one member thanking us for making the timing more family-friendly .

I ended off last year’s note in this section by explaining I would be on study leave for the first half of 2009, as a Visiting Fellow at the Humanities Research Centre, here at The Australian National University (ANU), with the aim of completing the biography I am writing on Joan Montgomery, AM OBE . While the biography is not yet complete, I did manage to progress it considerably and I thank Professor Don Rothwell who fulfilled the role of Acting Director for that period with great effort and attention .

Indeed, Professor Rothwell introduced for 2009 a regular CIPL Friday lunch-time seminar series, held, where possible, on the first, third and fifth Friday of the month . As you will see in the following pages, the seminars were excellent with consistent strong attendance from a range of people at ANU and in the broader Canberra community and we are considering continuing a regular series in 2010 and would be grateful for your feedback .

Beyond the seminar series, the Centre has had a very busy year promoting a sustained interest and engagement around public law and international law research and the intersection between them . In August CIPL hosted its third workshop bringing together public and international lawyers, this time focussing on the environment . This workshop was jointly supported by the Australian Centre for Environmental Law (ACEL) here in the ANU College of Law . My colleague, Brad Jessup, played a key role in assisting in developing the workshop program and we are grateful to the Vice-Chancellor’s Travel Fund and the ANU partnership in the International Association of Research Universities (IARU) for funding the travel of the participants from the University of McGill, Oxford, Cambridge, National University of Singapore and University of Copenhagen . Work is well underway for this being published as the third in the series emanating from these workshops and I am delighted to report that Cambridge University Press is publishing the

series (see further on page 21 of this newsletter) with the first book due out this November .

The 2009 Australian and New Zealand Society of International Law (ANZSIL) conference was successfully held in Wellington, New Zealand and plans are already beginning for the 2010 conference, which will be held in Canberra on Thursday 24–Saturday 26 June, 2010, at University House . I’d like to publicly thank Professor Campbell McLachlan from the University of Wellington for his stewardship as President of ANZSIL for the past two terms and congratulate Professor Andrew Byrnes (former acting Director of CIPL) now at the University of New South Wales (UNSW) who was elected President of ANZSIL for this term . CIPL’s continuing role hosting the ANZSIL secretariat is significant and ANZSIL’s new website housed through the ANU College of Law website is an important part of ANZSIL’s services to its membership .

Since 2008, CIPL has also acted as the Secretariat for the Jessup International Law Moot Court competition, held at the ANU College of law each summer . This year’s secretariat was managed by CIPL colleagues Matthew Zagor and Professor Don Rothwell and we thank them for this work .

As the ANZSIL meeting was held in New Zealand, our other key CIPL initiative, the Kirby Lecture in International Law (held during the ANZSIL conference when it is in Canberra) was held separately in 2009 . CIPL was very happy that the Hon . Mr Michael Kirby AC CMG could attend and Professor Hilary Charlesworth’s speech was well received . The 2008 Kirby lecture, delivered by Professor James Crawford, will appear in this year’s Australian Year Book of International Law (see page 19 of the Newsletter) and Professor Charlesworth’s lecture text is presently available on the CIPL website . An edited version of her lecture will appear in the 2010 Australian Year Book of International Law .

Can I also draw to your attention the achievements of those within the Centre in the congratulations box below, and to the amazing research output and community contributions of the members of CIPL? As I have stated in each newsletter, it is a great privilege and pleasure to be working with such talented colleagues . We are all supported by a collegiate Dean in Professor Michael Coper . He is integral to the great sense of community in the ANU College of Law within which CIPL is proudly housed .

CIPL Newsletter November | �009 �

Moeen Cheema, Teaching Fellow, LLM (Harvard); LLB (London)

Dominique Dalla-Pozza, Associate Lecturer, BA (Hons); LLB (Hons) (Sydney)

Finally, I would like to thank all the people who have supported CIPL in various ways throughout the past year . In particular, Tanya Mark was CIPL’s administrator from August 2008 through to January 2009 and we are pleased she is not too far away, now working over at RegNet at the ANU . The College of Law’s Outreach and Administrative Support team (COAST) continues to support CIPL, primarily through its Assistant Manager, Wendy Mohring, who has been doing a superb job, supported by its Manager Christine Debono and other staff Kristian Draxl and Sarah Hull . CIPL extends its thanks for coordinating CIPL’s busy schedule .

Kim Rubenstein, November 2009

NEWSThe Minister for Immigration and Citizenship announced his receipt of the report of the Australian Citizenship Test Review Committee Moving forward . . . Improving Pathways to Citizenship, of which Professor Kim Rubenstein was a member . The Minister also issued the government’s response to the report and legislative changes were introduced during the year .

http://www.citizenship.gov.au/__data/assets/pdf_file/0015/�08140/moving-forward-report.pdf

WELCOME

CIPL is delighted to welcome new ANU members both in the ANU College of Law and from the greater ANU community, including Regulatory Institutions Network (RegNet) . For a full list of CIPL members see http://law.anu.edu.au/cipl/staff.asp

Moeen Cheema has been appointed as a Teaching Fellow and has an interest in comparative constitutional and administrative law . Moeen will be pursuing a PhD on the Rule of Law and the development of judicial review theory and practices in South Asia . His earlier research focused on the implantation of Islamic legality, particularly criminal laws, in Pakistan’s postcolonial legal system . Moeen’s academic qualifications include an LLM from Harvard Law School and an LLB from the University of London .

Dominique Dalla-Pozza joined the ANU College of Law as an Associate Lecturer in mid 2009 . Her teaching and research interests revolve around Australian Public Law and Constitutional Law, and so tie in well with the work done by CIPL . She has been teaching in both of those subjects at the ANU in the second half of 2009 .

Dominique is also completing her PhD with the Gilbert + Tobin Centre of Public Law at the Faculty of Law at the University of New South Wales . (She was based at this centre before joining the ANU .) Her thesis is titled ‘The Australian Approach to Enacting Counter-Terrorism Laws’ . This work is focused on the counter-terrorism legislation which was enacted by the Federal Parliament in the five year period from 11 September 2001–11 September 2006 . She is looking forward to using her interest in public law issues as the basis for her continuing research, and becoming involved in future CIPL events .

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CONGRATULATIONSCongratulations to the following CIPL members:

To Simon Rice in his appointment to chair the newly formed independent Law Reform Advisory Council in the ACT, (alongside his role as Director of Law Reform and Social Justice in the College)

The Attorney-General of the Commonwealth, Mr Robert McClelland, has announced the appointment to the Administrative Appeals Tribunal (AAT), on a full-time basis, of our esteemed colleague Professor Robin Creyke . Robin was Acting Director of CIPL in 2005 and continues as a member of the CIPL Board

To Simon Bronitt, Anne McNaughton with others from ANU College of Asia and the Pacific (CAP) and ANU College of Arts and Social Sciences (CASS) for a three year Linkage grant on ‘Australia and the European Union: A study of a changing trade and business relationship with the Department of Foreign Affairs and Trade (DFAT) and the European Union (EU) as partners

To Hilary Charlesworth for her success in obtaining a two year Linkage grant on protecting economic, social and cultural rights in the ACT

To Professors Don Rothwell and Kent Anderson for being awarded The Vice-Chancellor’s Award for Community Outreach, The Australian National University (2008)

Three of our colleagues received inaugural student awards for teaching: Amelia Simpson, Wayne Morgan and Kent Anderson . Congratulations to all three!

Professor Simon Bronnitt’s has been appointed Director of the ARC Centre of Excellence in Policing and Security

based at Griffith University in Brisbane and CIPL will miss him on his departure to Queensland

We are delighted that our colleagues Leighton McDonald and James Stellios were promoted to Level D (Reader/Associate Professor), Vivien Holmes to Level C (Senior Lecturer) and Heather Roberts to Level B (Lecturer) in the 2008 promotions round

At the end of 2008 Emeritus Professor Jim Davis stood down as Legal Adviser to the Senate Scrutiny of Bills Committee . Jim has been longest serving legal advisor, having been involved with the committee since 1983

To Susan Harris Rimmer who was the first ANU student to graduate with a Doctor of Juridical Science from the ANU College of Law on 11 December and on her appointment to the board of United Nations Development Fund for women (UNIFEM) Australia

CIPL graduate student member Matt Stevens, who spent a period working in the National Human Rights Consultation Secretariat at the Attorney-General’s Department

Congratulations to our colleague Amelia Simpson and her husband Andrew Egan on the birth of their son Jesse Rohan Egan, born in Manila on 22 July 2009 . Amelia is on leave while based in Manila

Justice Richard Refshauge and

Prof Michael Coper – Members of CIPL’S

Advisory Board .

CIPL is most grateful to its Board members for their time and support of CIPL . For a full list of CIPL’s Avisory Board see http://law.anu.edu.au/cipl/advisory-board.htm

CIPL’S ADVISORY BOARD MEMBERSIn 2009 CIPL farewelled two of its Advisory Board members, The Hon . Michael Kirby AC CMG, who retired from the High Court of Australia and Ms Renee Leon who had been Chief Executive of the ACT’s Department of Justice and Community Safety, and who has now taken up a position in the Commonwealth Attorney-General’s Department .

CIPL also welcomed Roger Wilkins, Secretary of the Attorney-General’s Department who replaced Robert Cornall on the Advisory Board and it is delighted to weclome Justice Richard Refshauge from the ACT Supreme Court as a replacement for His Honour Justice Kirby .

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RECONCILIATION ACTION PLANIn July 2009, the ANU launched its Reconciliation Action Plan which can be viewed at

http://www.anu.edu.au/equity/_documents/ANU_Reconciliation_Action_Plan.pdf

The University is dedicated to advancing reconciliation by further promoting an understanding of Indigenous culture and history, implementing strategies to increase the participation of Indigenous students and staff, and continuing a commitment to fostering partnerships in Indigenous research and development .

CIPL applauds this step by ANU and has been promoting the spirit of the plan in various ways . As you will have seen over the past two newsletters, CIPL has increased Indigenous content in its newsletter and publications, increased its engagement with Indigenous academics, particularly those working in fields associated with international Indigenous peoples rights and public law and international law, as well as increasing CIPL’s efforts to ensure Indigenous issues are canvassed at our discussion forums and workshops .

At the 2008 Public Law Weekend, Megan Davis, Director, Indigenous Law Centre, UNSW spoke on the topic Executive Policy Leadership in the International Realm: Indigenous Issues in a session on ‘Public law Leadership and the Executive’ . In this year’s 2009 Public Law Week-end,

the first session of the conference is devoted to The Declaration on the Rights of Indigenous People and Australian Law, with Associate Professor Irene Watson, University of South Australia, speaking on Indigenous Rights, Peoples/Human Rights and the Declaration, Dr Christopher Ward from the ACT Bar speaking on Australian Courts and the UN Declaration on the Rights of Indigenous Peoples and Dr Lisa Strelein—AIATSIS speaking on Native Title and UNDRIP: failing to meet the benchmark .

In addition, Dr Strelein’s book Compromised Jurisprudence: Native title cases since Mabo (2nd edition) will be launched at the Public Law-Weekend .

image is property of the ANU

� CIPL Newsletter November | 2009

image is property of the ANU

THE AURORA PROJECTIn 2009 ANU law students continued to be successfully applying to the Aurora Project for internships with Native Title Representative Bodies (NTRBs) and indigenous policy agencies and service providers .

The indigenous legal sector faces significant resource problems . The Aurora Project addresses some of these problems by providing interns who have an interest in indigenous affairs and are committed to using their skills to contribute to social justice for indigenous peoples . At the same time, of course, the interns gain invaluable experience, but as well they are alerted to career options in indigenous legal sector: the Aurora Project aims not just to provide the much needed legal, research and administrative support to overworked organisations, but also to give students a practical opportunity to actively consider the idea of working in the area of native title, policy, social justice and indigenous affairs .

As a result of their Aurora internship, students and those who hear of their experience can seriously consider working with the indigenous legal sector as a viable professional option . Currently twenty five law graduates have taken up full—time positions as a result of the Aurora internship and scholarship programs, representing around 30% of the number of lawyers workings in NTRBs .

Students invariably have excellent, sometimes even life—changing experiences during their internships, often returning even more committed to promoting both the sector and the Aurora Project .

The winter intake this year was advertised to ANU law students through lecture announcements, the LSS, CIPL and, for the first time, on Facebook . As a result of the broad exposure of the programme and the level of interest that this generated, there were a record number of applicants . Many were placed in a wide range of indigenous policy organisations and NTRBs: Chiara Lawry went to the Cape York Land Council in Cairns; Anthony Hall worked at the Public Interest Advocacy Centre in Sydney; Greta McLeod, Diana Zeleny and Dante Mavec were placed at the Centre for Aboriginal Economic Policy Research at ANU; Grace Keesing worked on a NSW North Coast Native Title claim with Windeyer Chambers in Sydney; Isabel Robinson was placed with the Northern Land Council in Darwin, and Jennifer Brightling worked at Reconciliation Australia in Canberra . Placements in the 08/09 summer included Arjuna Dibley at the Australian Human Rights Commission, Lauren Hodes at the National Association of Community Legal Centres (NACLC), and Kari Griffiths at Central Desert Native Title Services in Perth . At the time of writing Aurora is deliberating on placing the 09/10 summer round of interns, which again attracted high levels of interest from ANU students .

Simon Rice, Asmi Wood and Matthew Zagor conduct the Aurora interview process at the College twice a year . Each of them has worked in the community sector and with native title issues at some stage, and has a keen appreciation of the challenges facing the indigenous legal sector . They find it is inspiring to work with the many ANU law students who are committed to improving legal policy and services for Australia’s indigenous peoples .

Clockwise from above, Mr Matthew Zagor, Mr Asmi Wood,

Simon Rice OAM . CIPL Colleagues who organise ANU’s participation

in the Aurora project

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Dr Carmen Lawrence Ms Megan Davis The late Judge Jack Goldring

CIPL Events — October 2008 to September 2009

Thirteenth Annual Public Law Weekend31 October — 1 November 2008National Museum of Australia, Canberra

The 2008 Public Law Weekend was a great success with a very stimulating program . The conference theme was ‘Public Leadership’ and it sought to move forward beyond the initiative of the Government’s 2020 Summit in April, in thinking about future directions for public law in Australia . In particular, it considered how our public law institutions can be leaders in public law initiatives . There were panels on Public law leadership and the Parliament, the Executive, Academia and the Courts .

Details of the Program and the papers from the conference are available on the website .

The Eleventh Annual Geoffrey Sawer lecture was prepared by Emeritus Professor Leslie Zines, AO FASSA, a Visiting Fellow with the John Fleming Centre for the Advancement of Legal Research at the ANU College of Law . Unfortunately, due to health reasons, Professor Zines was unable to present the lecture on the day and it was presented by Professor Michael Coper,

Dean of the ANU College of Law . The lecture was about Murray Gleeson’s method of constitutional interpretation, covering both matters in ‘The Constitution’ and broader constitutional principles . It contrasted his early statements emphasising ‘strict and complete legalism’ with many of his decisions . Matters covered included his views on original meaning, the place of human rights in legal interpretation and the relevance of social consequences in construing constitutional provisions .

The paper has been published as a chapter in HP Lee and P Gerangelos, Constitutional Advancement in a Frozen Continent (Federation Press, 2009); a book honouring the late Professor George Winterton .

Most CIPL seminars are recorded and can be accessed at: http://law .anu .edu .au/cipl/Events .asp

National Museum of Australia where the Public Law Weekend was held in 2008

Emeritus Professor Leslie Zines

Eleventh Annual Sawer Lecture Chief Justice Gleeson and the Constitution31 October 2008


Seminar: Disintegration Through Law? On the Decomposition of Citizenship in EuropeProfessor Dr Alexander Graser, Hertie School of Governance, Germany7 November 2008

In this seminar Professor Graser argued that the law is widely seen as contributing to the integration of political communities and to the legitimating of political power . Moreover, the concept of citizenship has long been said to play a vital role in this respect . In recent times, however, he explained the legal content of citizenship has

undergone significant changes—a ‘decomposition’, as he be argued, which may in turn undermine the law’s integrative and legitimatory capacity . This development is one he particularly advanced in ‘post national’ Europe, and the talk focused on this region .

Seminar: Why habeas corpus should be a jus cogens norm in international lawProfessor Larry May, Washington UniversityNovember 13 2008

Jus cogens norms are rights or rules that can not be derogated even by treaty . In the list that is often given, jus cogens norms include norms against torture, genocide, apartheid, slavery, and crimes against humanity . All of the items on this list are substantive rights . In this paper Prof May argued that some procedural rights such as habeas corpus should also have the status of jus cogens norms . He began by rehearsing some of the debates about these rights in the European and American Commissions on Human

Seminar: Making People Illegal. What Globalization Means for Migration and LawDr Catherine Dauvergne, University of British Columbia21 November 2008

This seminar was about a recently published book by Dr Dauvergne which examines the relationship between illegal migration and globalization . Under the pressures of globalizing forces, migration law is transformed into the last bastion of sovereignty . This explains the worldwide crackdown on extra-legal migration and informs the shape this crackdown is taking . It also means that migration law reflects key facets of globalization and addresses the central debates of globalization theory . This book looks at various migration law settings, asserting that differing but related globalization effects are discernible at each location . The ‘core samples’ interrogated in the book are drawn from refugee law, illegal labour migration, human trafficking, security issues in migration law and citizenship law . Special attention is paid to the roles played by the European Union and the United States in setting the terms of global engagement . The book’s conclusion considers what the rule of law contributes to transformed migration law .

Prof Simon Bronnitt, Prof Kim Rubenstein & Dr Alex Graser

Prof Larry May & Prof Michael Coper, Dean ANU College of Law

�0th Anniversary of the Genocide ConventionDr John Docker and Mr Robert Handby24 November 2008

On 9 December 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide . The Convention declares killing, acts causing serious bodily or mental harm committed with intent to destroy, in whole or in part, a national, ethnical, religious or racial group amount to the crime of genocide . This event, held in conjunction with the ACT Humanitarian Law committee of the International Red Cross, involved speakers covering issues relevant to the Convention .

Rights . He then explained what it meant for a right to have jus cogens status, and followed this with a defense of having procedural rights like habeas addeda to the list of jus cogens norms . He examined the Guantanamo case to help understand why there needs to be a stronger support for habeas than is often provided by regional courts . Procedural rights can have the status of gap fillers in international law, making it possible to cover much more possible abuse than can be captured under prohibitions that concern specific substantive rights violations .


Jessup International Law Moot Court Competition

2009 marked the 50th Anniversary of the Philip C Jessup Competition . The Competition, held at ANU College of Law in February 2009 was attended by 15 Law Schools from around Australia and was well supported by the Attorney-General’s Department, Department of Foreign Affairs and Trade and related government agencies . The final, held at the High Court of Australia and presided over by Chief Justice French, was between the University of Melbourne and University of Western Australia with Melbourne being successful on the day . The Hon . Mr Michael Kirby AC CMG, was acknowledged for his support of the Jessup Moot and was awarded the Friend of the Jessup . CIPL thanks Matthew Zagor and Don Rothwell for their roles in running this event on behalf of CIPL .

The Annual Kirby Lecture on International LawSwimming to Cambodia: Justice and ritual in human rights after conflictPresented by Professor Hilary Charlesworth, ANU19 March 2009

The Hon Michael Kirby AC CMG was the Special Representative for Human Rights of the UN Secretary-General in Cambodia from 1993–1996 . This lecture began with Michael Kirby’s contributions to peace-building in that context and then considered the role of international institutions in building peace more generally .

Prof Don Rothwell, Prof Hilary Charlesworth & The Hon Mr Michael Kirby AC CMG

Seminar: Ocean Acidification: An Acid Test for International LawDr Tim Stephens, University of Sydney3 April 2009

The world’s oceans are a major carbon sink, absorbing increasing amounts of carbon dioxide from the atmosphere which dissolves forming carbonic acid that disrupts processes of calcification utilised by many marine organisms, most notably corals . Despite the seriousness of this problem it is poorly addressed by existing international regimes . By reference to the negotiating history for the relevant instruments and subsequent state practice, this seminar sought to address how one of the most significant global environmental problems has so far avoided international regulation . Drawing on scholarship that examines the challenges associated with regulating other cross-cutting global environmental problems where there exists a ‘regime complex’ of partially-overlapping and non-hierarchical regimes, it also offered some preliminary thoughts in terms of strengthening and harmonising the climate and pollution regimes to address the ocean acidification phenomenon .

Dr Tim Stephens, Dr Hitoshi Nasu, Dr Robin Warner & Prof Don Rothwell


Seminar: State Responsibilities & Financial CrisesDr Sarah Heathcote, ANU College of Law17 April 2009

Absent a general rule of due diligence, it is doubtful that a State could incur international responsibility for the onset of a global financial crisis - and this despite ‘governance’ failures at the international level . Where international law has more to say is when a financial crisis prompts a State to depart from

its international obligations owing in some other field . Frequently, as with the Argentinean crisis of 2001-2002, the State departing from its obligations will invoke a state of necessity to avoid responsibility, but the results of ensuing awards have been both contradictory and unsatisfactory . In this seminar Dr Heathcote argued that, contrary to what the International Law Commission and a number of cases have (theoretically) held since 1997, state of necessity is not a rule of customary international law and the international legal system, including the rules on the origin of State responsibility, can cater in other ways to situations of financial necessity .

Conference: PARLIAMENTS AND BILLS OF RIGHTS — How can parliaments adapt their forms and practices to the new era of Bills of Rights?24 April 2009

This conference, held in conjunction with the ANU Parliamentary Studies Centre, was held at Parliament House and looked beyond the arguments over the pros and cons of Bills of Rights to report on ways that Parliaments can learn to live with Bills/Charters of Rights by reforming their own institutional rules and procedures to strengthen their legislative roles and responsibilities .

Keynote speakers were Prof George Williams, UNSW; Prof Brian Galligan, Melbourne University; Prof Richard Mulgan, ANU; Prof Simon Bronnitt, ANU; Prof Hilary Charlesworth, ANU; Prof Brian Costar, Swinburne University, Victoria and Sen . Hon . George Brandis SC, Shado Attorney-General on the Commonwealth .

Seminar: Operationalising the ‘Responsibility to Protect’ and Conflict Prevention: Dilemmas of Civilian Protection in Armed ConflictDr Hitoshi Nasu, ANU College of Law1 May 2009

The responsibility to protect is a nascent, highly contentious concept . Although a restrictive understanding of the concept was agreed upon by world leaders in 2005, the perspective of conflict prevention reveals the conceptual gap in terms of its scope, stage, and strength, failing to bridge the gulf between rhetorical support for prevention and tangible commitment to international action . In this seminar Dr Nasu argued that this commitment gap can be bridged by exploring the basis and boundaries of the legal responsibility that encompasses the transcending nature of the responsibility to prevent and to react at the operational level . The reach of legal responsibility to protect can be defined by drawing on the existing rules of international law relating to the protection of civilians . While such an extension of the legal responsibility to protect can be appreciated as furthering the agenda of conflict prevention, the marriage of the two concepts appears to be destined to failure, causing normative, operational, and ethical dilemmas . Dr Nasu suggested that a Human Protection Council be established as an alternative ‘right authority’ in order to resolve or mitigate those dilemmas by separating the responsibility to protect civilians from the Security Council’s primary responsibility for the maintenance of international peace and security .

Dr Sarah Heathcote

Dr Hitoshi Nasu & Prof Don Rothwell


Seminar: Inglis Clark and the First Sentences of Chapter III of the Australian Constitution and Article III of the American ConstitutionProfessor William Buss, Iowa University6 May 2009

It is common knowledge that Andrew Inglis Clark came to the Australasian Constitutional Convention in 1891 with a complete draft constitution and that it was very largely based on the Constitution of the United States . Professor Buss is engaged in research that gives considerable attention to the debates among the Australian framers when they were drawing significantly from the American Constitution, which is the case with Chapter III . Selectively, he is also looking at lingering questions or issues triggered by the debate and/or its resolution in provisions adopted in the Australian Constitution .

The first sentence of section 71 of the Australian Constitution contemplates three locations of ‘the judicial power of the Commonwealth’: [1] ‘a Federal Supreme Court’ in which that power is ‘vested’ by the Constitution itself; [2] any ‘other federal courts’ if Parliament chooses to create them; [3] ‘such other courts’ as Parliament ‘invests with federal jurisdiction .’ Dr Buss went on to say a few things about each of these locations concerning aspects of the convention debates and the relationship between these locations of federal judicial power and the American constitution .

Seminar: The Security Council and the Rule of Law: Breaches of Constitutional Law as a Threat to the Peace under Article �9 of the UN Charter?Professor Theodore Christakis, University of Grenoble & Sciences-Po Paris15 May 2009

Over the past few years the UN Security Council has on several occasions affirmed the ‘vital importance’ it attaches to promoting the rule of law . Dozens of its resolutions make references to the need to respect ‘the rule of law’ or ‘the constitutional order’ of States . In some cases in

which democratic governments have been overthrown by military coups, the Council has gone as far as to ask ‘for an immediate restoration of the constitutional order’, declaring that it ‘opposes any attempts to change governments through unconstitutional means’ . Moreover, in some of those cases, the Council has not hesitated to adopt sanctions in order to deal with what it considered ‘threats to the peace and international security’ . Could this mean that there is an emerging connection in Council practice between certain grave breaches of constitutional law and the concept of ‘threat to the peace’ found in article 39 of the Charter? Nothing is less certain . In the great majority of cases, the Security Council remains completely indifferent to member States’ violations of their constitutional law, including many unconstitutional overthrows of governments by way of coup d’état . Indeed, in some cases the Security Council even seems to consider that the respect of domestic constitutional law might be dangerous for international peace and security, thereby encouraging attitudes and actions contrary to national constitutions .

Prof Theodore Christakis

Public Forum: THE SIEV �� INCIDENT—The Legal Issues and Policy ResponsesMr Kerry Murphy, D’Ambra Murphy Lawyers, Sydney; Mr Richard Towle, UNHCR; Dr Gregor Urbas, ANU; Dr Robin Warner, University of Wollongong7 May 2009

On 16 April 2009, Suspected Illegal Entry Vessel (SIEV) 36 exploded and sank near Ashmore Island after having been detained by the Australian Border Protection Command . Tragically, five persons lost their life during this incident, and many sustained very serious burns and injuries . The subsequent repatriation of the injured to mainland Australia for hospitalisation and treatment was part of a significant medical evacuation operation involving both military and civilian authorities .

The SIEV 36 Incident unleashed an extensive debate within Australia as to the Rudd Government’s current policy

position with respect to asylum seekers coming to Australia by boat, the pursuit of people smugglers, and the factors which have contributed to a significant upsurge in boat arrivals from Indonesia during the course of 2009 .

This CIPL Forum addressed the significant legal and policy issues arising from these events especially as they related to Australian refugee law and policy, the factors contributing to the greater numbers of asylum seekers attempting to reach Australia, the investigation into the SIEV 36 incident and the potential for criminal charges to be laid, and Australia’s bilateral initiatives with Indonesia to deal with people smuggling .

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The conclusion presented by Professor Christakis was that the UN Security Council’s interest in the respect of a State’s constitutional order are only incidental and that for this organ, national constitutions remain, as the Permanent Court of International Justice put it in 1926, ‘mere facts’ .

Seminar: International Law and CitizenshipProfessor Peter Spiro, Temple University - Beasley School of Law, Philadelphia, USA19 May 2009

Professor Spiro explained that the conventional wisdom has categorically situated citizenship practice at the core of sovereign discretion, outside the ambit of international law . But in his view, recent developments suggest that human rights norms will come to bear on rules relating to birth citizenship, naturalization, and dual nationality . Professor Spiro argued that the emergence of an international law of citizenship advances human rights and anti-discrimination norms . Over the long run, however, it undermines the liberal state as a location for the redistribution of rights

Seminar: Genocide and the World CourtProfessor Karine Bannelier, University of Grenoble & Sciences-Po Paris29 May 2009

Although not a criminal tribunal, the International Court of Justice can deal with the crime of genocide within the context of both its advisory and its contentious jurisdiction . In February 2007, the Court issued a landmark judgment in the Genocide Case opposing Bosnia and Serbia . Further in November 2008, the Court established its jurisdiction in a second case concerning allegations of violations of this Convention between Croatia and Serbia . And in a third case, concerning allegations by Georgia against Russia of violations of the Convention on the Elimination on all Forms of Racial Discriminations, the Applicant reserved its right to invoke article IX of the Genocide Convention as an additional basis for the Courts jurisdiction . Professor Bannelier argued these cases submitted to the World Court reflect a growing interest in the Convention Concerning the Prevention and Punishment of the Crime of Genocide . Over the past few years, a growing number of jurisdictions, both international and domestic, have handed down judgments based on this Convention . Often these have led to controversial and contradictory interpretations on the definition of genocide as phrased in the Convention . On this point, Professor Bannelier argued the World Courts contribution could be significant as a means of avoiding jurisprudential fragmentation in this field .

Public Seminar: The Role and Activity of the Independent Reviewer of Terrorism Legislation in the UKLord Carlile of Berriew Q .C16 June 2009

Lord Alex Carlile has been the Independent Reviewer of Terrorism Legislation for the UK since 2001 . He carries out running reviews and reports publicly on the operation of counter-terrorism legislation and he has been critical of, and supportive of government . In this seminar he argued that an independent person in this role can provide a level of public reassurance on the balance between regulation and civil liberties; and that he can proportionately influence debate and policy making . He also argued that national security is an important individual liberty in the context of current international terrorist activity .

1�th Annual ANZSIL Conference: The Future of Multilateralism in a Plural World2-4 July 2009

This year the 17th Annual ANZSIL Conference was held in Wellington New Zealand and was a great success . Details of the conference are now available on ANZSIL’s website at http://law.anu.edu.au/anzsil/.

Prof Theodore Christakis, Prof Karine Bannelier, Dr Sarah Heathcote & Prof Don Rothwell

Prof Michael Coper & Lord Carlile

CIPL Newsletter November | �009 1�

Public Seminar: Accountability of UN Peacekeepers: Monitoring the MonitorsCaptain Rob McLaughlin, RAN, Dr Hitoshi Nasu7 July 2009

In 2009, the need to address issues surrounding the accountability of UN Peacekeepers has never been more pressing . The challenges of operational self-defence and the attribution of peacekeepers’ conduct to the UN remain limitations upon the effective prosecution of UN Peacekeepers for misconduct and breaches of International Humanitarian Law . These issues merit timely consideration for the protection of victims of armed conflict and to afford peacekeepers themselves the advantage of legal clarity .

Captain Rob McLaughlin examined three possible approaches to characterising self-defence to establish which issues are legitimately in, and which outside, the legal definition of‘self-defence’ as it applies to operational UN Peacekeepers . Dr Hitoshi Nasu reviewed the rationale behind UN immunity and the law of attribution and explores the limits to judicial review by domestic courts of the wrongful conduct of UN Peacekeepers .

Seminar: Joint development of Arctic Ocean oil and gas resources and the United Nations convention on the law of the sea.John Abrahamson, Director International Tax, Sheltons, Copenhagen, Denmark31 July 2009

Several countries with Arctic coasts are likely to claim the same Arctic Ocean areas for offshore oil and gas development . Global warming is also likely to reduce ice cover and increase the potential for resource conflicts . Joint Development Zones (JDZs) are a potential solution used in other ocean regions . JDZs can be made under the United Nations Convention on the Law of the Sea, and can be agreed without determining a final ocean boundary . Australia has agreed a JDZ with East Timor and has extensive experience with their terms . The presentation reviewed the outer continental shelf claims in the Arctic Ocean, the latest estimates for Arctic oil and gas reserves, and the ocean areas with the best potential for JDZs .

John Abrahamson

Seminar: The Responsibility to Protect (R�P) —the White Man’s Burden?Mr Kevin Boreham, ANU College of Law7 August 2009

In this seminar Kevin Boreham asked: ‘What is the status in international law of the first limb of the ‘Responsibility to Protect’, ie the statement of the 2005 World Summit Outcome that: ‘Each individual State has the responsibility to protect its populations from genocide, war crimes, ethnic cleansing and crimes against humanity . This responsibility entails the prevention of such crimes, including their incitement, through appropriate and necessary means . We accept that responsibility and will act in accordance with it .’

Mr Kevin Boreham

Does this statement have the status of a customary norm? Does it conflict with the widespread state practice of Third World states opposing enforcement of human rights norms? Does this opposition show a lack of opinio juris for the proposition that states accept a responsibility to protect their populations?

Is the first limb of R2P just a clever formulation barely concealing the entrenched opposition in the Third World to the enforcement of human rights norms? Has R2P really ‘solved’ the contentious issue of humanitarian intervention?


Public Lecture: Sustainable Development and the Promise of IntegrationProfessor Jaye Ellis, McGill University11 August 2009

Professor Ellis’s visit to CIPL was supported by the Vice-Chancellor’s travel fund . In this public lecture she examined sustainable development, described in the ground-breaking Brundtland Report as meeting the needs of present generations without compromising future generations to meet their

own needs . She explained it has at its heart a promise of integrating and reconciling environment, economy and society . Yet the challenge presented by this promise is immense . In this lecture, she discussed the obstacles and potential pathways to integration, taking as her standpoint international environmental law .

Prof Kim Rubenstein & Prof Jaye Ellis

CIPL—ACEL Environmental Discourses Workshop: Connecting International and Public LawEnvironmental Discourses In International and Public Law13-15 August 2009

This third workshop in the CIPL series (see CUP book series on page 25 series) was held in August 2009 and CIPL was delighted to be joined by the Australian Centre for Environmental Law (ACEL) from the ANU College of Law to examine the topic of Environmental Discourses in International and Public Law . Professor Rubenstein and Brad Jessup coordinated the workshop which focused on environmental discourses within law and policy at the domestic and international levels . The workshop explored how dominant environmental thought and action, often drawn from non-legal disciplines, has been placed within public and international law . The workshop brought public lawyers and international lawyers together with academics from related disciplines to the table to learn and draw from each other in the resolution of some of the crucial issues underpinning this area . Participants came from University of McGill in Canada and the IARU universities of National University of Singapore, Oxford and Cambridge and the University of Copenhagen . In addition there were Australians from around the country . ANU College of law participants included Brad Jessup, James Prest, Professor Don Rothwell and PhD student Owen Cordes-Holland .

Seminar: Justice for Timor-Leste: the 10th anniversary of the Independence BallotJanelle Saffin MP, Federal Member for Page, Dr Susan Harris-Rimmer, CIGJ, ANU21 August 2009

30 August marks the tenth anniversary of the ballot in 1999 by which the people of Timor Leste won their independence . On 4 September 1999, it was announced that 78 .5 per cent of the population had voted against Timor Leste remaining as part of Indonesia, and therefore independence would be granted to the territory . The announcement of the ballot

Janelle Saffin MP & Dr Susan Harris-Rimmer

result resulted in immediate acts of violence, a ‘scorched earth’ policy, looting, massive evacuations and forced deportation of the population, overseen by the departing Indonesian military . Ten years later, Janelle Saffin MP and Dr Susan Harris-Rimmer review the quest for justice in Timor Leste, appraising the outcomes of the UN-led serious crimes process within Timor, the Commission on Truth, Reception and Reconciliation (CAVR), the Jakarta trials and the Joint Truth and Friendship Commission .

CIPL–ACEL Workshop


Symposium: Global Health: Beyond the Millennium Development GoalsProfessor Lawrence Gostin, Georgetown University; Professor Thomas Pogge, ANU; Dr Matthew Rimmer, ANU College of Law; Associate Professor Thomas Faunce, ANU College of Law21 August 2009

Following on from the CIPL and CAPPE 2008 public forum on Global Health and Access to Medicines, this symposium takes advantage of Professor Gostin’s position at the University of Sydney, as Visiting Professor of Global Health Law, to bring him together with ANU experts to examine continuing pressing issues of global health . The symposium was chaired by Professor Kim Rubenstein, Director of the Centre for International & Public Law in the ANU College of Law .

L—R: Dr Matthew Rimmer, Prof Thomas Pogge, Prof Kim Rubenstein, Assoc Prof Thomas Faunce and Prof Lawrence Gostin

Public Lecture: Cambodia and Human Rights: Memories of a Former Special RepresentativeJointly run with the Centre for International Governance and JusticeThe Honourable Michael Kirby AC CMG— Chaired by Professor Hilary Charlesworth7 September 2009

The Hon Michael Kirby is a retired Justice of the High Court of Australia . He was Special Representative of UN Secretary-General for Cambodia, 1994–96 . His special concerns include human rights, the rule of law, the independence of the judiciary and the impact of science and technology on society . He was inspired to present this lecture following

Event Audience

Professor Charlesworth’s presentation of the 2009 Annual Kirby Lecture in International law earlier in the year .

Prof Hilary Charlesworth, The Hon Michael Kirby AC CMG, Prof Kim Rubenstein & Prof Michael Coper

Public Lecture: Counter—Piracy Off Somalia: The Emerging Legal FrameworkDr Douglas Guilfoyle, Faculty of Law, University College of London17 September 2009

Dr Guilfoyle explained that piracy off Somalia, on the rise since 2005, has now reached endemic proportions . While the total proportion of shipping attacked and seized for ransom in the Gulf of Aden remains low and hostage deaths few, the issue has attracted international attention . The initial response was to seek Security Council authorisation for military counter-piracy operations . With the deployment of over 24 warships under a variety of national missions and legal mandates, the legal question of what to do with a captured pirate has proved more complex than anyone fi rst anticipated . Dr Guilfoyle further displayed there has been a rapid transition from a ‘top-down’ military or kinetic approach to the ‘bottom-up’ creation of a decentralised law-enforcement framework . A variety of hard and soft law mechanisms now form part of a flexible, pragmatic and

1� CIPL Newsletter November | 2009

Seminar: ‘Iran’s Nuclear Ambitions & International Law’Dr Michael Smith AM, Henry Parkes Chambers18 September 2009

The scope and intentions of Iran’s nuclear program is one of the most pressing matters before the international community . Dr Smith examined the offer by Iran’s top nuclear negotiator in early September to return to the negotiating table as having again focused attention on the efficacy of UN and unilateral sanctions, and the attendant roles of the the Security Council and the International Atomic Energy Agency . Dr Smith also considered the legal aspects of any use of force .

Public Seminar: Challenges and Innovations: Multilateralism in the United Nations Human Rights SystemDr Sarah McCosker, Office of International Law, Attorney-General’s Department2 October 2009

Both the United Nations human rights treaty body mechanisms and Charter mechanisms face ongoing challenges, including significant backlogs; issues of overlapping mandates; inconsistency in quality; and the perception that the system has little impact on the principal human rights violators . Dr McCosker showed how both the treaty body and Charter mechanisms have developed some interesting innovations in recent years, which highlight the adaptive capability of the UN human rights system to develop new ways of addressing challenges— but which have also brought fresh challenges . The paper then examined thechallenges and innovations reflected in the new Convention on the Rights of Persons with Disabilities and the Optional Protocol to the Convention Against Torture . The paper also critically evaluated some innovations in treaty reporting processes, and an interesting (and potentially controversial) development in the way that some treaty committees are drafting their General Comments—by first providing a draft text to States Parties and civil society and inviting them to submit their views .

Public Seminar: The Regulation of Dangerous People Under International & Domestic LawJointly run with the Centre for International Governance and JusticeFergus Hanson, Research Fellow, Lowy Institute & Deputy Editor, The Interpreter and Christopher Michaelson, Research Fellow, Gilbert & Tobin Centre of Public Law, UNSW16 October 2009

This seminar considered the regulation of dangerous people under international and domestic law . Fergus Hanson looked at the options available for responding to the presence of alleged war criminals living in Australia and Chris Michaelson analysed the issues surrounding the individual listing of alleged terrorists in the UN Sanction framework .

L—R: Prof Kim Rubenstein, Fergus Hanson, Christopher Michaelson and Dr Susan Harris-Rimmer

The paper finally discussed the relative success so far of the Universal Periodic Review Mechanism, the most significant innovation of the Human Rights Council .

still-evolving framework aimed at the effective prosecution of captured pirates . Finally, questions not fully resolved include the scope of authority to use force against suspect pirates and the impact of human rights law on their transfer to regional States such as Kenya to face trial .

CIPL Newsletter November | �009 1�

Public Seminar: The Grammar of Customary LawRun in conjunction with AITSISProfessor Jeremy Webber, University of Victoria, Canada22 October 2009

In this paper, Professor Webber argued for the customary nature of law – all law . He build on the pragmatist conception of law developed by Lon Fuller and Gerald Postema and substantially modified their approach, while, arguing that concerns of facilitation and efficiency are less responsible for the content of law and that the various conceptual languages of the law play a much greater role . In doing so, he offered an understanding of how law is related to its various societies . His argument has important implications for the value of comparative law, for how one should do comparative law, and for how one should structure societies that contain more than one legal order . Although the paper’s argument was not limited to customary legal orders in the narrow sense, it did draw upon comparisons across indigenous and non-indigenous orders to make its arguments .

Prof Kim Rubenstein, Prof Jeremy Webber & Dr Lisa Strelein from AITSIS

Conference: Corfu Channel Case – ‘The ICJ’s First Judgement: a Landmark for International Law’29 October 2009

This one-day conference commemorated the sixtieth anniversary of the International Court of Justice’s first judgment in the Corfu Channel Case . Many of the issues dealt with by the Court in 1949 remain central questions of international law today, including: due diligence, forcible intervention and self-help, maritime operations, navigation in international straits and the concept of elementary considerations of humanity . The Court’s decision has been cited on numerous occasions both in the literature and in international litigation . Indeed, the relevance of this judgment goes far beyond the subject matter dealt with by the Court in 1949, extending to pressing problems such as trans-boundary pollution, terrorism or piracy . Thanks to Dr Sarah Heathcote from the ANU College of Law for her key role in facilitating this conference .

Seminar: The Last Scramble: The �009 Explosion of Continental Shelf ClaimsProfessor Stuart Kaye, Melbourne Law School, University of Melbourne30 October 2009

In 2009 over 80 submissions and communications have been made by States to the Commission on the Limits of the Continental Shelf - the bulk of these being made in a three week period from late April to mid-May . These communications have seen States assert rights over huge areas of seabed, in what is arguably one of the largest grabs for jurisdiction in history . The claims vary in nature and scope considerably, and are already giving rise to dispute . This paper considered the origins and nature of this last scramble, as well as possible future outcomes .


Forthcoming Events

John Curtin School of Medical Research, the venue for the 2009 Public Law Weekend

Fourteenth Annual Public Law WeekendFinkel Theatre, John Curtin School of Medical Research, ANU12-13 November 2009

This fourteenth annual Public Law Week-end introduces, for the first time, a Thursday afternoon and Friday schedule, to end off the week . The program, around the theme of Change in public and administrative law, includes on the Thursday evening the twelfth Geoffrey Sawer annual lecture .

Twelfth Annual Sawer LectureOn Stormy Waters: South Africa’s Judges (& Politicians) test the limits of their Constitutional Authority.12 November 2009

An important part of this year’s Public Law Week-end will be the 2009 Geoffrey Sawer Lecture to be presented by Professor Hugh Corder, Professor of Public Law at the University of Cape Town, South Africa .

The formal provisions of the South African Constitution have , over the past fi fteen years, shifted from a racist variation of parliamentary sovereignty to a constitutional democracy based on limited government under law, striving for dignity, equality and freedom . The Constitution of 1996 seeks to incorporate the best lessons learnt by other such systems over the past sixty years in particular, blended with substantial infusions of supranational scholarship and experience and built on an African, developing country base . The superior courts have had to assume a more directly ‘political’ role in exercising the testing power of judicial review, not only in respect to the protection and enforcement of basic rights . Their judgments have had to engage with urgent socio-economic problems, as those faced with dire circumstances have increasingly turned to the courts to hold the executive and legislature accountable to their constitutional mandate . In crafting their responses, the judges have had to be extremely sensitive both to their responsibility to the letter and values of the

Constitution but also to the policies and limitations of the other branches of government . This lecture seeks to analyse the current situation critically, and to speculate on what lies ahead in this sphere .


Book Reviews: edited by Wendy LaceyAustralian Cases before Australian Courts and Tribunals Involving Questions of Public International Law �00�: Lucas Bastin, Naomi Hart, Justin Hogan-Doran, Claire McEvilly, Tim Stephens, Zelie Wood and Houda Younan

Australian Cases before International Courts and Tribunals Involving Questions of Public International Law �00�: Tim Stephens and Brett Williams

Australian Legislation Concerning Matters of International Law �00�: Alicia Fairlie, Lauren Henschke, James Potter and Andrew Sainsbury

Australian Practice in International Law �00�: compiled and edited by Patrick Dennien and Genevieve Paterson and supervised by Helen Horsington and Ben Milton

Annual Survey of Recent Developments in Australian Private International Law �00�: Kent Anderson and Jim Davis

Australian Treaty Action �00�

EditorsDonald R Rothwell and Kim Rubenstein

PrefaceJames C HathawayIs There Still a Place for a ‘Yearbook’ of International Law?

Articles: Symposium: The Howard Government and International Law

Introduction: Australia and International Law during the Howard Years

Donald R Rothwell and Kim Rubenstein

Greg Carne Neither Principled nor Pragmatic? The Howard Government, International Law and International Terrorism

Sarah Joseph The Howard Government’s Record of Engagement with the International Human Rights System

Stuart Kaye Australia and East Timor during the Howard Years: An International Law Perspective

Jane McAdam and Kate Purcell Refugee Protection in the Howard Years: Obstructing the Right to Seek Asylum

Gregory Rose Australian Approaches to International Environmental Law during the Howard Years

Gerry Simpson Warriors, Humanitarians, Lawyers: The Howard Government and the Use of Force

Jeff Waincymer The Howard Government’s Legacy in International Trade and Investment

Ilias Bantekas The Politics and Foundations of Arbitrability in International Commercial Arbitration

Alexander Kunzelmann An Australian International Law: The Impact of Australian Courts on the Fragmentation of International Law

Australian Year Book of International Law

Volume �� is now available for purchase. To view the contents page or order a copy of recent past volumes please go to our website at:

http://law.anu.edu.au/CIPL/Publications/YearBook.htm

�0 CIPL Newsletter November | 2009

2009 CIPL Intern was Gabrielle Zimnoch

Book Reviews: edited by Wendy LaceyAustralian Cases before Australian Courts and Tribunals Involving Questions of Public International Law �00�

Australian Cases before International Courts and Tribunals Involving Questions of Public International Law �00�

Australian Legislation Concerning Matters of International Law �00�

Australian Practice in International Law �00�

Annual Survey of Recent Developments in Australian Private International Law �00�

Australian Treaty Action �00�

CIPL STUDENT INTERNSHIPSCIPL has continued its association with the ANU Law Internship program by accepting undergraduate law students to work with CIPL . Interns work with members of the Law School on projects of an applied nature, attend CIPL afternoon teas/lunches and meetings and assist with the major conferences CIPL runs . At the end of their internship, students write a 6000 word essay which is marked and goes towards their final degree .

After completing my bachelor degree in law at the Jean Moulin University in Lyon, France, I was attracted by the exchange program with the The Australian National University in Canberra . As ANU exchange student I acquired an understanding of the Australian common law system and I was given the great opportunity to complete a law internship with the CIPL .

My CIPL Internship focused on ‘Facebook: Freedom of Speech and Regulation of Social Networking’ . It was a fantastic occasion to deepen my knowledge in particular areas I am interested in, such as international and comparative law, human rights, as well as intellectual property and information technology law .

I gratefully acknowledge the supervision and guidance received from Professor Matthew Rimmer . I am thankful for all his advice and support .

In October I will start a LL .M . degree, the E .M .L .E . which will give me the opportunity to study at the University of Bologna, the University of Hamburg and the Erasmus University of Rotterdam .’

— Gabrielle Zimnoch

Volume �8 is in press and will be published at the end of �009.

EditorsDonald R Rothwell and Kim Rubenstein

Inaugural Kirby Lecture in International lawInternational Law in the House of Lords and the High Court of Australia 1996–2008: A ComparisonJames Crawford

ArticlesPower, Environmental Principles and the International Court of JusticeAfshin Akhtarkhavari

Re-thinking International Criminal Law: Re-Connecting Theory with Practice in the Search for Justice and PeaceDylan Bushnell

Litigation over Marine Resources: Lessons for Law of the Sea, International Dispute Settlement and International Environmental LawNatalie Klein

Some Views are more Equal than Others: Submissions to the Commission on the Limits of the Continental Shelf and the Strange Loss of Confidence in Article IV of the Antarctic TreatyAndrew Serdy

The World, through the Judge’s EyeKatharine G Young

CIPL Newsletter November | �009 �1

This CUP Book series emanates from the workshops initiated by Professor Rubenstein’s arrival at CIPL in 2006 . As set out in explaining the raison d’etre of the series, the Centre for International and Public Law (CIPL) was established by ANU in 1990 under the formal title ‘Centre for Advanced Legal Studies in International and Public Law’ . Its mission is to advance international and public law, focussing on the relationship between governments, and between governments and their citizens, from both a domestic and international perspective . Setting up a Centre linking public law and international law proved a stroke of great prescience . As the 1995 five year review report stated ‘the most remarkable developments of the past decade or so (which in 2009 now represents almost two decades) have been the ‘internationalisation’ and ‘globalisation’ of different dimensions of Australian society, the Australian economy and the Australian legal system .’ The review stated that the Centre had sought to respond to these inexorable trends by adopting a ‘genuinely integrated approach to its work in various fields of both public and international law .’

CIPL initiated this series of workshops bringing public and international lawyers and public and international policy makers together for interdisciplinary discussion on selected topics and themes, extending CIPL’s unique project emphasising the links between international and public law . A book series from the workshops, jointly edited by Professor Kim Rubenstein and Professor Thomas Pogge is the outcome of this initiative, published by Cambridge University Press .

The first workshop in July 2007 looked at the complexities of accountability and governance in a globalised world, using sanctions as a framework into the issues . The papers from that workshop are now available in the first book in the series edited by Kim Rubenstein and Jeremy Farrall, Sanctions Accountability and Governance in a Globalised World due out in November 2009 .

In the second workshop in May 2008 CIPL joined with Professor Thomas Pogge and CAPPE (the Centre for Applied Philosophy and Public Ethics) at ANU, to examine global health and access to essential medicines . The papers from this workshop are now in press for the second book in

the series, edited by Kim Rubenstein, Thomas Pogge and Matthew Rimmer, Incentives for Global Public Health: Patent Law and Access to Essential Medicines due out in 2010 .

The papers from the third workshop Environmental Discourse in International and Public law are now being developed for the third book in the series to be edited by Brad Jessup and Kim Rubenstein .

The fourth workshop in the series to be held in 2010 has the theme Allegiance and Identity in a Globalised World which will become the fourth book in the series . The 2010 workshop will revolve around issues to do with the movement of people and globalisation and will bring together lawyers, psychologists and philosophers . Any individuals interested in attending should go to the CIPL website’s call for abstracts for the fourth workshop at

http://law.anu.edu.au/CIPL/�010_Workshop/ Call_for_Papers.pdf

Sanctions Accountability and Governance in a Globalised World due out in November 2009 . Edited by Kim Rubenstein and Jeremy Farrall

CAMBRIDGE UNIVERSITY PRESS (CUP) Series: Connecting International law with Public law

�� CIPL Newsletter November | 2009

A Selection of Publications by Centre Members September 2008 — October 2009

Peter BaileyThe Human Rights Enterprise: In Australia and Internationally, LexisNexis/Butterworths, Sydney, 2009 . The book was launched by former High Court Justice Michael Kirby to a large audience in the Finkel Theatre at the ANU College of Medicine .

Tony ConnollyCultural Difference On Trial: The Nature and Limits of Judicial Understanding . Ashgate Publishing: Farnham (forthcoming January, 2010)

Indigenous Rights . Ashgate Publishing: Farnham (International Library of Essays on Rights Series), (2009) .

‘Pardons’ in The New Oxford Companion to Law . P . Cane and J .Conaghan (eds .), Oxford University Press, Oxford (2008) .

First Nations Cultural Heritage and Law, Case Studies, Voices and Perspectives, by Catherine Bell and Val Napoleon (eds .), 19(5) Law and Politics Book Review (May, 2009) (American Political Science Association) pp .303-306 .

Susan Harris-RimmerGender and Transitional Justice: The Women of East Timor, Routledge Contemporary South East Asia Series, 2009 (in press)

Understanding Transitional Justice: Concepts and Debates, Edward Elgar (under contract, with Laura Grenfell)

‘Passport to Punishment: Administrative Measures of Control’ . Andrew Lynch, Nicola McGarrity, and George Williams (eds), Counter-Terrorism and Beyond: The Culture of Law and Justice After 9/11 Routledge Research in Terrorism and the Law Series, (in press 2009) .

‘Reconceiving Refugees and Internationally Displaced Persons as Transitional Justice Actors’ CIGJ Issues Paper No.8, March 2009 .

‘Is ASIO a good judge of character?’ (2009) Alternative Law Journal, 34(2): 102-106 .

‘Comment: Examining the character of Australian citizens’ (2009) Public Law Review 20(2): 95-100 .

Surfacing Gender in the Constitution of Timor Leste, The Constitution of Timor Leste . Ed . William Binchy . Dublin: Clarus Press, (forthcoming 2010) .

Book review - ‘Counter-Terrorism Policing by Sharon Pickering, Jude McCulloch and David Wright Neville for the ANZ Journal of Criminology, 2009 .

Book review - Peter Bailey, The Human Rights Enterprise in Australia - Alternative Law Journal

Book review – Implementing Human Rights Norms: Judicial Discretion and Use of Unincorporated Conventions by Wendy Lacey Australian Journal Human Rights 15 .1

Moeen Cheema‘From the Hudood Ordinances to the Protection of Women Act: Islamic Critiques of the Hudood Laws of Pakistan’, forthcoming in (2009) UCLA Journal of Near Eastern and Islamic Law (with Abdul Rahman Mustafa) .

Hitoshi NasuInternational Law on Peacekeeping: A Study of Article 40 of the UN Charter (Leiden: Martinus Nijhoff Publishers, 2009) .

‘Who Guards the Guardian?: A Regulatory Approach to the Enhancement of Legal Accountability of the UN Security Council through Dialogue’ in Kim Rubenstein and Jeremy Farrall (eds), Sanctions Accountability and Governance in a Globalised World (Cambridge: Cambridge University Press, forthcoming) .

‘Status of Rebels in Non-International Armed Conflict’, in Louise Dowsald-Beck, Azizur Rahman Chowdhury, Jahid Hossain Bhuiyan (eds), International Humanitarian Law - An Anthology (LexisNexis Butterworths, India, 2009) .

‘Operationalising the “Responsibility to Protect” and Conflict Prevention: Dilemmas of Civilian Protection in Armed Conflict’ (2009) 14 Journal of Conflict & Security Law forthcoming .

Tom Faunce and Hitoshi Nasu, ‘Normative Foundations of Technology Transfer and Transnational Benefit Principles in the UNESCO Universal Declaration on Bioethics and Human Rights’ (2009) 34 Journal of Medicine and Philosophy 296-321 .

Yasuhiro Okuda and Hitoshi Nasu, ‘Constitutionality of the Japanese Nationality Act: A Commentary on the Supreme Court’s Decision on 4 June 2008’ (2008) 13 Zeitschrift für Japanisches Recht/Journal of Japanese Law 101-115 .

Matthew RimmerWikipedia, ‘Collective Authorship, and the Politics of Knowledge’, in Arup, C . and W . Van Caenegem (ed .), Intellectual Property Policy Reform: Fostering Innovation and Development, Cheltenham (UK) and Northampton (Mass .): Edward Elgar, 2009, p 172-198 .

CIPL Newsletter November | �009 ��

‘The Grapes of Wrath: the Coonawarra Dispute, Geographical Indications and International Trade’, in Kenyon, A ., Richardson, M . and S . Ricketson (ed .), Landmarks in Australian Intellectual Property Law, Cambridge: Cambridge University Press, 2009, p 209-232 .

Heather RobertsConstitutional Law’ in Freckelton & Selby Appealing to the Future: Michael Kirby and his legacy (Federation Press, 2009), 179 (With Professor John Williams)

Donald R Rothwell‘The Arctic in International Affairs: Time for a New Regime?’ (Fall/Winter 2008) 15 Brown Journal of World Affairs 241-253

Natalie Klein, Joanna Mossop and Donald R . Rothwell ‘International Law Perspectives on Trans-Tasman Maritime Security’ in Andrew Forbes (ed) Australia and Its Maritime Interests: At Home and in the Region (Sea Power Centre—Australia, Canberra: 2008) 209-221

Donald R . Rothwell and Kim Rubenstein ‘Introduction: Australia and International Law during the Howard Years’ (2008) 27 Australian Year Book of International Law 1-10

Maritime Piracy and International Law’ Crimes of War Project <crimesofwar .org/onnews/news-piracy .html> (24 February 2009)

Hitoshi Nasu and Donald R . Rothwell ‘Law at Sea: Challenges Facing Japan’s Anti-piracy Mission’ Jurist Forum (26 March 2009) at www .jurist .pitt .edu/forum/2009/03/law-at-sea-challenges-facing-japans .php

Donald R . Rothwell and Tim Stephens ‘The Regulation of Southern Ocean Whaling: What Role for the Antarctic Treaty System?’ Sydney Law School Research Paper No . 09/20 available via SSRN @ <ssrn .com/abstract=1378635>

Donald R . Rothwell ‘Time for a new Arctic Treaty’ (2009) No . 1 The Circle 6-8

‘Resettling Guantanamo Detainees: Reluctant and Responsibility’ Jurist Legal News & Research Forum (11 June 2009) at http://jurist .law .pitt .edu/forumy/2009/06/resettling-guantanamo-detainees .php [discussing the obligations of the US and the international community to accept Guantanamo detainees]

‘The IPY and the Antarctic Treaty System: Reflections 50 Years Later’ in Jessica M . Shadian and Monica Tennberg (eds) Legacies and Change in Polar Sciences: Historical, Legal and Political Reflections on The International Polar Year (Ashgate, Farnham, UK: 2009) 125-144

Donald R . Rothwell and Brad Jessup ‘The Limits of the Great Barrier Reef Marine Park: Defining Bays and Redefining Regulatory Control’ (2009) 37 Federal Law Review 71-91

‘The International Legal Framework for Protecting the Health of Antarctic Wildlife’ in Knowles R . Kerry and Martin J . Riddle

(eds) Health of Antarctic Wildlife: A Challenge for Science and Policy (Springer-Verlag, Berlin: 2009) 317-338

Natalie Klein, Joanna Mossop and Donald R . Rothwell eds ., Maritime Security: International Law and Policy Perspectives from Australia and New Zealand (Routledge, London: 2009)

‘Maritime Security in the Twenty-First Century: Contemporary and Anticipated Challenges for Australia and New Zealand’ in Natalie Klein, Joanna Mossop and Donald R . Rothwell eds ., Maritime Security: International Law and Policy Perspectives from Australia and New Zealand (Routledge, London: 2009)

Natalie Klien, Joanna Mossop and Donald R, Rothwell ‘Australia, New Zealand and Maritime Security’ in Natalie Klein, Joanna Mossop and Donald R . Rothwell eds ., Maritime Security: International Law and Policy Perspectives from Australia and New Zealand (Routledge, London: 2009)

Donald R . Rothwell and Natalie Klein ‘Maritime Security and the Law of the Sea’ in Natalie Klein, Joanna Mossop and Donald R . Rothwell eds ., Maritime Security: International Law and Policy Perspectives from Australia and New Zealand (Routledge, London: 2009)

Donald R . Rothwell and Cameron Moore ‘Australia’s Traditional Maritime Security Concerns and Post 9/11 Perspectives’ in Natalie Klein, Joanna Mossop and Donald R . Rothwell eds ., Maritime Security: International Law and Policy Perspectives from Australia and New Zealand (Routledge, London: 2009)

Kim Rubenstein‘Nationality’ and ‘Naturalization’ in Peter Cane and Joanne Conaghan (eds) The New Oxford Companion to Law (OUP, 2008)

‘Citizenship’ in Freckleton and Hugh Selby (eds), Appealing to the Future: Michael Kirby and his legacy (Thomson Reuters, 2009) With Niamh Lenagh Maguire-

With Mark Nolan ‘Citizenship and Identity in Diverse Societies’ (2009) XV(1) Humanities Research 29-44 http://epress .anu .edu .au/hrj2009_citation .html

Daniel Stewart“Who’s responsible? Justiciability of private and political decisions” in Kim Rubenstein and Jeremy Farrall (eds) Sanctions, Accountability and Governance in a Globalised World (2009) CUP

Ernst Wilheim“Australian Legal Procedures and the Protection of Secret Aboriginal Spiritual Beliefs: A Fundamental Conflict”, in Peter Cane, Carolyn Evans and Zoe Robinson (editors), Law and Religion in Theoretical and Historical Context (Cambridge University Press, 2008)


“An Amicus Experience in the High Court: Wurridjal v Commonwealth” (2009) 20 PLR 104 .

Leslie ZinesChapter in HP Lee and P Gerangelos, Constitutional Advancement in a Frozen Continent (Federation Press, 2009);

Papers, Presentations and Other Activities by Centre Members

September 2008 — October 2009

Peter BaileyPaper at Bruce Hall in August in an evening forum sponsored by Asia Pacific Studies Society on the topic ‘Does China Play by Our Rules?’

Guest lecturer at the Annual General Meeting of Relationships Australia, Canberra and Region in October on human rights and the possibility of RACR becoming a human rights compliant organisation under the Human Rights Act 1994 (ACT) .

Moeen CheemaWorkshop on ‘Islamic Law in the Courts: Judicial Interpretation of Shari’a in Modern Muslim States’, 5-6 June 2009, University of Washington, Seattle U .S .A .

‘Militancy, Orthodoxy & “Rule of Law”: Reconstructing the De-Islamization of Pakistan’s Laws’: at the Conference on Countering Militancy in Pakistan: Domestic, Regional and International Dimensions, 3-4 August 2009, Centre for Muslim States and Societies, University of Western Australia (http://www .cmss .uwa .edu .au/welcome/whats_new/countering_militancy_in_pakistan_conference/mr_moeen_cheema/moeen_cheema_abstract)

Tony Connolly‘Judicial Reasoning and the Acquisition of Concepts’ . Judicial Reasoning: Art or Science? Conference Proceedings, National Judicial College of Australia: Canberra (2009) .

‘The Objectives of Law Schools: What Are We Educating Our Students For? . International Association of Law Schools Conference, ‘The Role of Law Schools and Law School Leadership in a Changing World’, Canberra, May, 2009 .

Susan Harris-RimmerGraduated from SJD December 2009

Presenter, Surfacing Gender in the Constitution of Timor Leste, The Constitution of Timor Leste Conference, Trinity College Dublin, November 2008 .

Susan Harris Rimmer presented at the Australia and New Zealand Society of International Law in Wellington NZ, Thursday 2 July on the Responsibility to Protect doctrine .

Sue participated in the Gilbert + Tobin Centre of Public Law’s Terrorism and Law Expert Roundtable in July 2009 .

Sue Harris Rimmer presented a panel paper on ‘Refugees, IDPs and R2P’ at an International Conference: ’Protecting People in Conflict and Crisis: Responding to the Challenges of a Changing World’ . 22 - 24 September 2009, held at Harris Manchester College and Queen Elizabeth House, Oxford .

Jeremy Farrell and Sue Harris Rimmer are presenting at the Assisting Disrupted States event on Thursday 29 October from 9 .30-12 .30, hosted by the Australian Institute of International Affairs, AIIA Conference Centre, Level 1, Stephen House, 32 Thesiger Court, Deakin, ACT

CIPL Seminar Series “Justice in Timor - Leste on the 10th Anniversary of the Timor Independence Ballot” Dr Susan Harris-Rimmer & Janelle Saffin, 21 August 2009

‘Regulating human worth: disability and migration policy in Australia’ Susan Harris-Rimmer, RegNet ANU and Dr Kristen Natalier, School of Sociology and Social Work, University of Tasmania, RegNet seminar, 21 July,

Presenter, Leadership Awardees, ‘Gender and the GFC’, Future Summit, Melbourne 17 May 2009 .

Presenter, Advocacy skills, UNIFEM Young Women’s Leadership Forum, Powerhouse Museum, Sydney, 22 May 2009 .

Presenter, Whats in it for Women? Women and Human Rights Protection in Australia, Australian Human Rights Commission, Central Bardon Conference Centre, Queensland, 28 April 2009 .

Keynote, 60th Anniversary of the Universal Declaration . ACT Bahai Centre, 9 December 2009 .

Sue and Hilary trained participants in the UNSW 18th Annual Human Rights & Peoples Diplomacy Training, 2-3 December 2008

Struggling for women’s rights in Afghanistan, South Asian Masala 10 September 2009

‘Grand plans’ Inside Story, May 2009 [domestic violence and child protection national action plans]

‘Why Australia should engage with the Durban Review conference’, Australian Policy Online (2009) (with Hilary Charlesworth)

Australia’s Guantanamo Dilemma, opinion piece with Eve Lester, ABC Unleashed, 5 February 2009 .

Some lawyers take cheap shots, some even work pro bono, opinion piece on the national human rights consultation, The Canberra Times January 2009 .

Clear case for reform, opinion piece on the Clarke report


into Dr Haneef incident, The Canberra Times, December 2008 .

ALHR submission to the JSOM inquiry into the migration treatment of disability, October 2009, hearing 28 October 2009 .

ALHR submission to the National Human Rights Consultation, 15 June 2009 .

Joint Standing Committee on Treaties inquiry into the text of the Optional Protocol to the Convention on the Rights of People with a Disability, (with Hilary Charlesworth, Andrew Byrnes and Andrea Durbach), March 2009

Joint Committee on Foreign Affairs, Defence and Trade inquiry into Human Rights in the Asia Pacific region, (with Hilary Charlesworth) 20 November 2008, evidence given on 7 April 2009 http://www .aph .gov .au/house/committee/jfadt/asia_pacific_hr/subs/Sub%203 .pdf

Joint Standing Committee on Treaties inquiry into the text of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women of 18 December 1979 (with Hilary Charlesworth and Andrew Byrnes), October 2008 .

Leighton McDonald22 October in Sydney to the Australian Association of Constitutional Law, entitled ‘The Entrenched Minimum Provision of Judicial Review and the Rule of law’ .

Hitoshi Nasu ‘Who Decides Who Is Responsible for the Wrongful Conduct of Peacekeepers?: Limits to Judicial Review by Domestic Courts’, Public Seminar hosted by Australian Red Cross with the support of Mallesons Stephen Jaques on Accountability of UN Peacekeepers: Monitoring the Monitors, Canberra, 7 July 2009 .

‘Operationalising the “Responsibility to Protect” and Conflict Prevention: Dilemmas of Civilian Protection in Armed Conflict’, Public Seminar of the Centre for International and Public Law, The Australian National University College of Law, Canberra, 1 May 2009 .

Hitoshi Nasu and Donald Rothwell, ‘Law at Sea: Challenges Facing Japan’s Anti-piracy Mission’ Jurist, 25 March 2009, available at <http://jurist .law .pitt .edu/forumy/2009/03/law-at-sea-challenges-facing-japans .php>; also in ANU News at <http://news .anu .edu .au/?p=1081> .

Hitoshi Nasu and Don Rothwell, ‘Different Kind of Meltdown in View’ (an opinion piece in relation to North Korea’s rocket launch), The Australian, 6 April 2009, available at <http://www .theaustralian .news .com .au/story/0,25197,25293759-7583,00 .html>; also in ANU News at <http://news .anu .edu .au/?p=1089> .

Hitoshi Nasu and Professor Donald Rothwell were recent special guest columnists with Jurist Legal News & Research,

University of Pittsburg, School of law, providing commentary at a recent Forum on Law at Sea: Challenges Facing Japan’s Anti-piracy Mission

Matthew Rimmer‘The Road to Copenhagen: Intellectual Property and Climate Change’, The Journal of Intellectual Property Law and Practice, November 2009, Vol . 4 (11), http://jiplp .oxfordjournals .org/cgi/content/abstract/jpp148

‘Fair Use and Other Fantastic Beasts: In Search of Harry Potter’, Australian Intellectual Property Law Bulletin, April 2009, Vol . 21 (9), p 188-192 .

‘Remixing Canadian Copyright Law; A Review Essay on ‘An Emerging Intellectual Property Paradigm’, ‘Canadian Copyright: A Citizen’s Guide’; and ‘RiP!: A Remix Manifesto’, Prometheus, September 2009, Vol . 27 (3), p 297-305 .

‘Media Futures; A Review Essay on “The Future of Reputation”, “TV Futures”, and “The Future of the Internet and How to Stop It”’, Prometheus, September 2009, Vol . 27 (3), p 267-279

‘Why So Serious?: Copyright Law, Fair Use, and Appropriation Art’, Core Computer Studies, School of Art, ANU, 13 October 2009 .

‘23andMe: Google, Genetics, and Social Networking’, Global Health: Beyond the Millennium Development Goals, 21 August 2009 .

‘The Role of Fair Use in Creative Freedom’, Reimagining Copyright for the 21st Century in Canberra at the National Gallery, 6 August 2009 .

‘Copyright Law and Libraries’, National Library of Australia, 30 July 2009 .

‘Intellectual Property and Climate Change: Inventing Clean Technologies’, Alabama Programme, 23 July 2009 .

‘Intellectual Property and Climate Change: Inventing Clean Technologies’, The Duty to Invent: Intellectual Property and Scientific Research, Workshop, Innovations Building, Canberra, 5 June 2009 .

‘Discussant on Copyright Law and Orphan Works’, Copyright Future, Copyright Freedom, Old Parliament House, Canberra, 27-28 May 2009 .

‘23andMe: Google, Genetics, and Social Networking’, the Law Faculty, the University of Otago, New Zealand, 15 April 2009 .

‘How Do We Balance Freedom of Expression with Religious Sensitivity?’, Bruce Hall’s Rhetoric Learning Community, 2 April 2009 .

Senate Community Affairs Reference Committee, ‘Public Hearing on Gene Patents’, 20 August 2009, http://www .aph .gov .au/hansard/senate/commttee/S12358 .pdf (appearance by Rimmer) .

�� CIPL Newsletter November | 2009

Holcombe, S ., Rimmer, M . and T . Janke, ‘A Submission on the Hawke Interim report on the Environment Protection and Biodiversity Conservation Act 1999 (Cth)’, August 2009, http://www .environment .gov .au/epbc/review/comments/pubs/042-holcombe-rimmer-janke .pdf

Rice, S . and M . Rimmer, ‘Law Reform and Social Justice: Effectiveness of House Committees’, House Standing Committee on Procedure, July 2009, http://www .aph .gov .au/House/committee/proc/committees2/index .htm

Holcombe, S ., Rimmer, M . and T . Janke, ‘Australia’s Biodiversity Conservation Strategy 2010-2020: A Submission to the National Biodiversity Strategy Review Taskforce’, May 2009, http://www .environment .gov .au/biodiversity/strategy/review-submissions/pubs/id955-anupart1-01062009 .pdf

‘A Submission to the Senate Standing Committee on Community Affairs Inquiry into Gene Patents’, March 2009, http://www .aph .gov .au/senate/committee/clac_ctte/gene_patents/submissions/sublist .htm

‘A Submission to the Joint Standing Committee on Treaties on the Agreement Between Australia and the European Community on Trade in Wine 2009’, March 2009, http://www .aph .gov .au/house/committee/jsct/3february2009/subs/sub7 .pdf

House of Representatives Standing Committee on Climate Change, Water, Environment and the Arts, ‘Inquiry into the Resale Royalty Right for Visual Artists Bill 2008 (Cth)’, 6 February 2009, http://www .aph .gov .au/hansard/reps/commttee/R11596 .pdf (appearance by Dearn and Rimmer) .

Dearn, R . and M . Rimmer, A Submission to the House of Representatives Standing Committee on Climate Change, Water, Environment and the Arts Inquiry into the Resale Royalty Right for Visual Artists Bill 2008 (Cth), January 2008, http://www .aph .gov .au/house/committee/ccwea/resaleroyalty/subs/sub031 .pdf and http://www .aph .gov .au/house/committee/ccwea/resaleroyalty/subs/sub031a .pdf

Martin, Steve, ‘Patentable Subject Matter’, ABC Ballarat, 23 September 2009 .

Just, Ingrid, ‘Copyright Infringement Action: the Kookaburra song and the Men at Work Song, ‘Down Under‘, ABC Queensland, 25 June 2009 .

Gwynne, Peter, ‘Protecting IP - Anything But Simple’, Scientific American Worldview, 2009, http://www .saworldview .com/article/protecting-ip-anything-but-simple1

Pauli, Darren, ‘Racial Hate Groups Erupt on Facebook’, Computer World, 12 June 2009, http://news .idg .no/cw/art .cfm?id=D4BB7A36-1A64-6A71-CEA7973410417C30

Skilton, Nyssa . ‘Human Rights Test Case for Gene Patents’, The Canberra Times, 19 May 2009, p 6 .

Skilton, Nyssa . ‘Global Rise in Pirated Software’, The Canberra Times, 13 May 2009, p 6 .

James, Paul . ‘World Book and Copyright Day’, China Radio International, 23 April 2009, http://english .cri .cn/7146/2009/04/23/1481s477703 .htm

McLaren, Oscar . ‘Reform of Patent Law Underway’, ABC Radio PM, 3 April 2009, http://www .abc .net .au/pm/content/2008/s2534674 .htm

Moses, Asher . ‘Vigilantes Publish Alleged Arsonist’s Image Online’, The Age and The Sydney Morning Herald, 16 February 2009, http://www .theage .com .au/articles/2009/02/16/1234632703992 .html

Strickland, Katrina . ‘Broad Strokes of Concern About Art Royalty Bill’, The Weekend Australian Financial Review, 7-8 February 2009, p 4 .

Heather Roberts‘Swearing-in Speeches as indicators of Judicial Leadership’ at the Public Law Weekend 1 November 2008 .

‘Women Judges, ‘Maiden Speeches’ and the High Court of the Australia’ at the International Conference on Feminist Constitutionalism, Queens University, Kingston, Ontario, 28 February - 1 March 2009

Donald R RothwellDiscussing the Australian Government’s position with respect to the death penalty in light of the anticipated executions in Indonesia of the ‘Bali Bombers’ (3 November 2008):

ABC Radio 936 Hobart ‘Drive’: 5 .12pm

ABC Radio ‘PM’: 5 .35pm

ABC Radio Australia ‘Asia Pacific’

SBS TV World News: 7 .05pm

2CC Canberra ‘Drive’ 5 November 2008 at 5 .20pm discussing the Australian Government’s position with respect to the death penalty in light of the anticipated executions in Indonesia of the ‘Bali Bombers’

ABC Radio Australia/Radio National ‘Asia Pacific’ 8 November 2008 at 5 .05am discussing an attempt to bring criminal charges of torture in New South Wales against a visiting Chinese government official

ABC Radio ‘PM’ 12 November 2008 at 5 .35pm discussing the options open to the Obama Administration with respect to the US military detention facility at Guantanamo Bay and how detainees may be legally treated

3AW ‘Afternoons with Derryn Hinch’ 19 November 2008 at 5 .50pm discussing the hijacking by pirates of the supertanker Sirius Star off the coast of Somalia

Peter Michael ‘Accused honeymoon killer will be brought back to face trial’ Courier Mail 27 November 2008, p 7

CIPL Newsletter November | �009 ��

[discussing the possible extradition from the US of Gabe Watson in relation to the death of his wife during a Great Barrier Reef honeymoon holiday]

Kate Campbell ‘Australians feared pirate hijack bid’ The West Australian 5 December 2008, p 41 [discussing the recent spate of pirate attacks off the African coastline and targeting of cruise ships]

ABC Radio Australia/Radio National ‘Asia Pacific’ 19 December 2008 discussing recent Indonesian naval exercises in the Straits of Malacca to combat piracy within the region

‘Letters to the Editor’ The Australian 3 January 2009, p 14 (responding to an Op Ed by Mirko Bargaric regarding the situation between Israel and Hamas)

Claire Harvey ‘Breach of promise’ Sunday Telegraph 4 January 2009, p 37 (discussing the current position regarding Australian policy and law regarding whaling in the Southern Ocean and the campaign of Sea Shepherd)

Discussing the legal issues which could arise if Australia was to consider accepting former Guantanamo Bay detainees from the US:

David McLennan ‘Asylum for detainees best: academic’ The Canberra Times 6 January 2009, p 2

ABC Radio News ‘666 Canberra’ 6 January 2009, 7 .05am

Discussing the legal issues which could arise if Australia was to consider accepting former Guantanamo Bay detainees from the US:

Mark Metherell ‘No whys or wherefores on refusals to accept US detainees’ The Sydney Morning Herald 7 January 2009, p 5

2CC Canberra ‘Breakfast’ 7 .35am

‘Legal Issues in the Israeli/Hamas Conflict’ boardroom radio Australia at http://www .brr .com .au/event/54538/legal-issues-in-israelihamas-conflict 8 January 2009 discussing the legal issues arising from the conflict between Israel and Hamas in Gaza

ABC TV ‘The 7 .30 Report’ Friday, 9 January 2009 at 7 .35pm discussing the legal situation in Gaza and the issues arising from civilian casualties

Radio Adelaide 101 .5FM ‘Breakfast’ 15 January 2009 at 8 .38am discussing the current legal situation in Gaza and ceasefire initiatives

ABC TV ‘7 .30 Report’ 19 January 2009 at 7 .31pm discussing the legal and policy recommendations arsing from the report of the Canberra Panel on Japan’s Special Permit ‘Scientific’ Whaling in the Southern Ocean

Discussing the legal and policy recommendations arsing from the report of the Canberra Panel on Japan’s Special Permit ‘Scientific’ Whaling in the Southern Ocean (20 January 2009)

‘Japan’s Whalers Defy Antarctic Laws—New Report’ Scoop Independent News <Scoop .co .nz>

‘Whalers “breaching Antarctic treaty”—IFAW’ Australian Associated Press General News

Rod McGuirk ‘Lawyers say environmental treaty could end whaling’ Associated Press Newswires

‘Go to court, stop whaling: legal expert’ Australian Associated Press General News

‘Japanese whalers in breach of Antarctic law, experts say’ BBC Monitoring Asia Pacific

Discussing the legal and policy recommendations arsing from the report of the Canberra Panel on Japan’s Special Permit ‘Scientific’ Whaling in the Southern Ocean (21 January 2009)

Andrew Darby ‘Whaling choice: protest or diplomacy’ The Age 21 January 2009, p 5

‘Whaling activists offer to abandon ‘aggressive tactics’’ Australian Associated Press General News

Radio 2SM ‘Mornings’ at 10 .28am

‘Anti-whalers offer to end ‘aggressive’ tactics if legal, action taken’ BBC Monitoring Asia Pacific 1 .20am

‘Aust has case against Japan’ Sunshine Coast Daily 21 January 2009, p 14

Cathy Alexander “’Strong” case to stop Japanese whaling’ The Canberra Times 21 January 2009, p 3

‘Japan’s whalers “breaching Antarctic treaty” says IFAW’ Gisborne Herald 21 January 2009, p 20

Discussing the legal and policy recommendations arsing from the report of the Canberra Panel on Japan’s Special Permit ‘Scientific’ Whaling in the Southern Ocean (22 January 2009):

‘New challenges face whale hunters’ New Zealand Herald 22 January 2009, p 6

‘Activists offer to back off’ Ballarat Courier 22 January 2009, p 21

‘Japan’s whaling breaches an international treaty’ Western Bathurst Times 22 January 2009, p 4

Nathan Beaumont ‘Protesters Offer Deal on Pursuit of Whaling’ Dominion Post 22 January 2009, p 5

2CC Radio News

ABC Radio ‘AM’ 23 January 2009 at 7 .24am discussing Australian writer Harry Nicolaides and the prospects for his return to Australia under a prisoner transfer arrangement following his guilty plea to a charge of insulting the Thai Royal Family

‘Go to court to end whaling, expert tells Government’ The West Australian 24 January 2009, p 63 discussing the legal options open to the Australian government to challenge


the legitimacy of Japan’s Southern Ocean whaling program

Claire Harvey ‘Whale crusade back on the warpath’ Hobart Mercury 24 January 2009 (Magazine, p 3) discussing the tactics of Sea Shepherd in the Southern Ocean

Rosslyn Beeby ‘Japan rejects whaling compromise’ The Canberra Times 4 February 2009, p 2 discussing reports that the IWC is considering a compromise that would permit Japan to engage in limited whaling within its EEZ

ABC Radio ‘The World Today’ 20 February 2009 at 12 .47pm discussing the issues arising from a US Federal Court decision that the Uighur detainees at Guantanamo Bay, Cuba, did not have a right of entry into the United States

Discussing the seizure of evidence from the Steve Irwin following its arrival in Hobart and the potential for Australia to investigate Japanese allegations regarding the conduct of the vessel in the Southern Ocean:

Andrew Darby ‘Anti-whaling ship raided’ The Sunday Age 22 February 2009

David Barbeler and Andrew Darby ‘Greens want answers on anti-whaling vessel raid’ The Sun-Herald 22 February 2009, p 8

Michael Stedman ‘Charges possible in whale inquiry’ The Mercury 24 February 2009, p 8 [discussing the potential for charges to be brought against Paul Watson as a result of investigations into the actions of the Steve Irwin in the Southern Ocean]

3CR Community Radio ‘Done by Law’ 10 March 2009 at 6 .10pm discussing the investigation by the AFP of the Steve Irwin and possible consequences arising from this action under Australian and international law

ABC Radio 666 Canberra ‘Mornings with Alex Sloane’ 16 March 2009 at 9 .05am discussing the legal and policy issues arising from the oil spill off the SE coast of Qld by the Pacific Adventurer

ABC Radio ‘PM’ 16 March 2009 at 5 .40pm discussing the potential issues arising from Australia’s appearance before the UN Human Rights Committee

ABC Radio 666 Canberra ‘Drive’ 20 March at 5 .52pm discussing diplomatic immunity and the issues arising in Canberra with diplomats enjoying immunity from criminal prosecution

ABC Radio 666 Canberra ‘Afternoons’ 23 March at 2 .07pm discussing the ANU College of Law’s success in the Copenhagen Climate Change Negotiation Competition

Jonathan Pearlman ‘Missile launch would blow apart regional talks, Australia warns’ The Sydney Morning Herald 4-5 April 2009, p 13 [discussing North Korea’s planned missile launch and regional ramifications]

Discussing North Korea’s missile/rocket test and the

international legal and political implications

ABC TV2 ‘Breakfast’ 6 April 2009 at 7 .31am

SBS TV ‘World News’ 6 April 2009 at 7 .00pm

SBS ‘World View’ 6 April 2009 at 5 .11pm

Discussing North Korea’s missile/rocket test and the international legal and political implications

ABC Radio National ‘Asia Pacific’ 7 April 2009 at 5 .06am

‘Mornings’ ABC Radio South East NSW, 9 April 2009 at 10 .12am discussing the testing by North Korea of a missile/rocket and its implications for international law and international relations

Discussing the US response to the seizure of the Maersk Alabama off the coast off the coast of Somalia by pirates and its implications for international law:

ABC TV2 ‘Breakfast’ 13 April 2009 at 8 .23am

ABC Radio 666 Canberra 13 April 2009 at 8 .47am

ABC NewsRadio 13 April 2009 at 9 .15am

Discussing the US response to the seizure of the Maersk Alabama off the coast off the coast of Somalia by pirates and its implications for international law:

Radio 2CC Canberra 14 April 2009 at 8 .05am

ABC Radio Capricornia (Rockhampton) 14 April 2009 at 9 .10am

ABC Radio 666 Canberra 14 April 2009 at 10 .05am

ABC Radio JJJ ‘The Hack’ 15 April 2009 at 5 .32pm discussing the legal regime of the Arctic and current disputes that exist over resource rights and sovereignty

CRI (China Radio International) English ‘People in the Know’ 16 April 2009 discussing the legal issues arising from recent incidents concerning piracy and how the international community should respond to the issue

ABC Radio ‘The World Today’ 20 April 2009 at 12 .47pm discussing the legal issues arising from efforts to prosecute pirates for their actions off the coast of Somalia

ABC TV ‘The 7 .30 Report’ Monday, 20 April at 7 .38pm discussing the application of Northern Territory law to the events that took place on Ashmore Reef and the sinking of a SIEV and the loss of 5 lives

Discussing Australia’s border protection policies and regional cooperation to deal with people smuggling [7 May 2009]:

ABC TV 2 ‘Breakfast’—8 .50am

ABC Radio 666 Canberra ‘Drive’—4 .07pm

ABC Radio Tasmania ‘Drive’—4 .20pm

ABC Radio Australia ‘Pacific Beat’ 11 May 2009 at 12 .16pm ‘Wait for maritime boundary claim’ discussing the joint submission of FSM, PNG and the Solomon Islands to the


CLCS for an OCS claim

Discussing Australia’s option to take Uyghur detainees from the US currently being held at Guantanamo Bay [2 June 2009]:

ABC Radio News (various)

ABC 666 ‘Drive’ at 4 .07pm

Jonathan Pearlman ‘Uygur detainees: Canberra caught in diplomatic vice’ Sydney Morning Herald 3 June 2009, p 7 discussing the position of the Rudd Government in considering a request to take Uighur detainees from the US

SBS World News Australia—4 June 2009 6 .59pm discussing the Australian Government’s position regarding the request from the Obama Administration to take some Uyghur detainees from Guantanamo Bay

‘The Guantanamo Refugees no one wants’ The Age 15 June 2009 p XX [discussing the plight of the Uighurs being held at Guantanamo Bay by the US]

Melanie Christiansen ‘New trial unlikely in Reef death case’ The Courier Mail 16 June 2009, p 7 [discussing the prospect of double jeopardy as it may apply to the retrial in the US of Gabe Watson]

Ashley Midalia ‘Scales of justice in combat zones’ Australian Financial Review 25 June 2009, p 7 [discussing application of law to ADF military operations]

Discussing the Australian Defence Force’s ‘act-of-grace’ compensation payments in Afghanistan (2 July 2009):

ABC 666 Canberra ‘Mornings’ 11 .48am

ABC Radio ‘The World Today’

SBS TV ‘Dateline’ 5 July 2009, 8 .33pm discussing Australian military practice with respect to the investigation of civilian deaths and injuries arising from military operations in Afghanistan

Joe Kelly ‘ADF quizzes its own over Afghan civilian casualties’ The Australian 6 July 2009, p 2 discussing Australian military practice with respect to the investigation of civilian deaths and injuries arising from military operations in Afghanistan

Discussing Australia’s response to the detention of Rio executive, Mr Stern Hu, in China:

Nicola Berkovic ‘Turnbull presses PM to call Hu Jintao over arrest of Rio executive’ The Australian Online 9 July 2009

ABC Radio ‘PM’ 9 July 2009 at 5 .10pm

Kim MacDonald and Andrew Tillett ‘Rio “spy” could get death penalty’ The West Australian 11 July 2009, p 4

Radio 2UE ‘Breakfast’ with Mike Carlton and Sandy Aloisi, 13 July 2009 at 8 .07am discussing the Stern Hu case and the diplomatic and legal options available to the Australian government plus associated syndicated radio news reports

Nicholas Stuart ‘China’s dragon stirs in spy tale’ The Canberra Times 14 July 2009, p 15 [discussing the legal options open to the federal government in the Stern Hu case]

ABC 702 Sydney ‘Drive’ 15 July 2009 at 4 .08pm discussing the Prime Minister’s comments regarding the Stern Hu case

ABC Radio ‘PM’ 15 July 2009 at 6 .25pm discussing Australia’s legal options to challenge the detention of Stern Hu in China

Discussing the possible application of Australian law to Stern Hu for actions amounting to bribery of a foreign governmental official (3 August 2009):

ABC Radio ‘The World Today’ 12 .23pm

SBS TV World News 6 .40pm

2CC ‘Drive’ 5 .12pm

ABC Darwin 6 .03pm

ABC 666 Canberra 6 .04pm

Discussing the possible application of Australian law to Stern Hu for actions amounting to bribery of a foreign governmental official (4 August 2009):

Philip Dorling ‘Legal expert backs China’s claims about Hu’s “crimes”’ The Canberra Times 4 August 2009, p 5

Brendan Nicholson ‘Hu could be charged under Australian law’ The Sydney Morning Herald 4 August 2009, p 4

SBS TV World News 6 .30pm, 10 August 2009 discussing the latest allegations China has made against the Rio Tinto executive Stern Hu

ABC Radio 666 Canberra ‘Mornings’ 11 August 2009, 9 .45 discussing the international legal and diplomatic issues associated with the ETS and the Copenhagen negotiations

ABC Radio ‘AM’ 21 August 2009, 7 .18am discussing the position of an Indian national convicted of culpable driving in Victoria who has fled to India and the prospects for his extradition

3AW ‘Afternoons with Derryn Hinch’ 21 August 2009, 4 .07pm discussing the legal issues arising from Scotland’s decision to release the convicted Lockerbie bomber, Abdelbaset al-Megrahi

Ben Packham, Mark Buttler and Stephen McMahon ‘No Justice: Fugitive killers flee overseas and we can’t touch them’ Herald-Sun 22 August 2009, p 1, 4 (discussing the position of an Indian national convicted of culpable driving in Victoria who has fled to India and the prospects for his extradition)

Marissa Calligeros ‘Lockerbie release hurt Corby’ Brisbanetimes .com .au 25 August 2009 (discussing the prospects for release of Schapelle Corby from her Bali prison and possible return to Australia)

Discussing comments by Queensland Liberal MP endorsing torture in limited circumstances:


3AW ‘Mornings with Neil Mitchell’ 26 August 2009, 9 .25am

4BC ‘Afternoons’ 26 August 2009, 3 .20pm

Nick Butterly ‘Military justice in limbo after court ruling’ The West Australian 27 August 2009, p 12 discussing the implications of the ruling by the High Court that the Australian Military Court was ruled as unconstitutional

Discussing Australia’s Military Justice system following the High Court’s ruling in Lane v Morrison (28 August 2009):

Radio Australia, at 8 .46am

‘Military justice system in tatters’ New Zealand Herald

ABC Radio 666 Canberra ‘News’ 31 August 2009, 2pm + various other ABC national radio news outlets; discussing whether an ANL owned ship may have breached UNSC Resolutions dealing with North Korea and the consequences under Australian law

Rod McGuirk ‘Executive expects no charges over NKorea weapons’ Associated Press Newswires 31 August 2009 discussing whether ANL had broken Australian law given effect to UN sanctions with respect to North Korea

ABC Radio Gold & Tweed Coasts ‘Drive’ 1 September 2009 at 4 .45pm discussing recent comments by the Prime Minister relating to the negotiation of a Prisoner Transfer Agreement with Indonesia and the case of Schapelle Corby

ABC Radio ‘PM’ 9 September 2009 at 5 .10pm discussing the decision by the Australian Federal Police to commence an investigation into the 1975 death in Balibo, East Timor, of five Australian citizens at the hands of Indonesian forces

ABC Radio Australia—10 September 2009 at 9 .10am discussing the decision by the Australian Federal Police to commence an investigation into the 1975 death in Balibo, East Timor, of five Australian citizens at the hands of Indonesian forces

Radio Adelaide ‘The Wire’ 15 September 2009, 5 .53pm discussing the legal action brought by Mamdouh Habib in the Federal Court and the application of the act of state doctrine

Naomi Levin ‘Concern over Israel war crimes changes’ The Australian Jewish News 17 September 2009, discussing the recommendations of the Goldstone enquiry into war crimes and crimes against humanity committed during the 2008/2009 Gaza conflict

Acting Director, Centre for International and Public Law (February – July 2009)

Vice-Chancellor’s Award for Community Outreach— The Australian National University (2008)

National Administrator—Philip C . Jessup International Law Moot Court Competition—2009 Australian Regional Rounds

‘Apathy is not an option’ The Canberra Times,

4 November 2008, p 15 [discussing the diplomatic and legal options the Rudd Government should pursue in responding to the anticipated execution of the Bali Bombers]

‘War is a case for law’ The Canberra Times 10 January 2009, p B5 discussing the legal situation in Gaza, the international humanitarian law and international criminal situation, and the potential for Israel to be accountable before the ICC

Hitoshi Nasu and Donald R . Rothwell ‘Different kind of meltdown in view’ The Australian 6 April p 8 [discussing North Korea’s missile/rocket test and the international legal and political implications]

‘How the world needs to tackle pirates on the high seas’ The Canberra Times 13 April 2009, p 9 [discussing the response of the international community to ongoing pirate attacks off the coast of Somalia]

‘Jakarta part of solution’ The Australian 1 May 2009, p 12 [discussing the capacity of Australia to utilise the Lombok Agreement with Indonesia to implement more effective measures to combat people smuggling]

‘Australia has a moral obligation to accept Uighurs’ The Canberra Times 2 June 2009, p 11 [discussing Australia’s response to the request from the Obama Administration to accept some Uighur detainees presently held at Guantanamo Bay]

Owen Cordes-Holland and Donald R . Rothwell ‘Better to delay emissions Bill till after Copenhagen’ The Canberra Times, 11 August 2009, p 15 [discussing the international legal and diplomatic issues associated with the ETS and the Copenhagen negotiations]

Owen Cordes-Holland and Donald R . Rothwell ‘Time to negotiate’ ABC On-line ‘Unleashed’ 13 August 2009 www .abc .net .au/unleashed/stories/s2654603 .htm [discussing the international legal and diplomatic issues associated with an emissions trading system and the Copenhagen negotiations]

‘Capital Punishment and Diplomatic Protection: Australia’s Experience in Responding to its Citizens in Peril’ presented at Lunchtime Seminar Series, School of Law, University of Canterbury, Christchurch, New Zealand, 2 October 2008

‘The Antarctic Treaty System and the Challenges of Responding to Japanese ‘Scientific’ Whaling’ presented at Christchurch Antarctic Festival 2008, Lyttelton Port of Christchurch, Christchurch, New Zealand, 3 October 2008

‘The Yes Case’ presented at The Socratic Forum: ‘That the responsibility to protect must override national sovereignty’ John Curtin School of Medical Research, The Australian National University, Canberra, 30 October 2008

‘Towards an Arctic Treaty Regime’ presented at Melting the political ice? Recent developments in the Arctic Conference, British Institute of International and Comparative Law, London, 28 November 2008


‘A New Legal Regime for the Arctic’ presented at Arctic Change 2008 Conference, Quebec City, Quebec, Canada, 11 December 2008

‘Maintaining a Dialogue: Lights, Camera, Mobile Phones, the News Cycle and the Law’ presented at Law and Change: Exploring the role of legal research in law reform and social justice, The Australian National University Postgraduate Law Conference, ANU College of Law, Canberra, 11 June 2009

Co-Convenor—Responding to Contemporary Challenges and Threats to Antarctic Security: Legal and Policy Perspectives Colloquium, University of Canterbury, Christchurch, New Zealand, 6-7 July 2009

Alan Hemmings and Donald R . Rothwell ‘Military Operations within the Antarctic Treaty Area’ presented at Responding to Contemporary Challenges and Threats to Antarctic Security: Legal and Policy Perspectives Colloquium, University of Canterbury, Christchurch, New Zealand, 6-7 July 2009

‘Shall not become the Scene or Object of International Discord: Is Southern Ocean Security Compatible with National Interests?’ presented at Responding to Contemporary Challenges and Threats to Antarctic Security: Legal and Policy Perspectives Colloquium, University of Canterbury, Christchurch, New Zealand, 6-7 July 2009

‘Capital Punishment and Diplomatic Protection: Australia’s Experience in Responding to its Citizens in Peril’ Kirby Seminar, School of Law, University of New England, Armidale, NSW, 14 July 2009

‘The International Environmental Discourse over the Future Management of the Polar Regions’ presented at CIPL-ACEL Environmental Discourses Workshop, ANU, Canberra, 13-15 August 2009, 18pp

‘The Torres Strait Regime of Compulsory Pilotage: Testing the Limits of the Law of the Sea?’ presented at Canadian Council of International Law Annual Conference, Ottawa, Canada, 14-16 October 2009

Kim RubensteinPresented two papers during her sabbatical on her work on the Biography of Joan Montgomery AM OBE—one to the Humanities Research Institute at ANU and one at the National Library of Australia

Invited to join the Editorial Board of the Global Constitutionalism journal .

Made a submission to the Senate Standing Committee on Legal and Constitutional Affairs’

Inquiry into the Australian Citizenship Amendment (Citizenship Test Review and Other Measures) Bill 2009 and her submission was cited throughout the report .

Appeared in two AAT citizenship matters . One of the cases has received judgment - See SNMX v Minister for

Immigration [2009]AATA 539 (21 July 2009)

Referred to in Hansard on Tuesday 15th September 2009 in the Senate in a speech by the Minister for Immigration and Citizenship, Senator Chris Evans .

Lecture to U3A meeting on Dual Citizenship with Dr Mark Nolan Tuesday 18th August 2009

Presented to ACT Schools Constitutional Convention 2009

Presented the paper Mandating Equal Power: Form and Substance in the Australian Constitution to the ANU College of Law’s conference on the 25th Anniversary of the Sex Discrimination Act, 2 October 2009

Interviewed by Radio 2SER Sydney The Wire—on the new citizenship test—20 October 2009

Daniel StewartWith George Barker, ‘Intellectual Property 2 .0: The Role of Intellectual Property in the New Digital Economy’ Canadian Law and Economics Association Annual Conference, 2-3 October 2009 .

‘Openness in Government: The Legal Obstacles to achieving real reform’, ANU / Minter Ellison Legal Update Seminar, 24 July 2009 .

CENTRE STAFF & MEMBERSKim Rubenstein, Professor and Director

COAST, Administration & Events

Glenda Waddell, Assistant Editor, Australian Year Book of International Law

Amanda Alexander, PhD Candidate (RegNet)Kent Anderson, Professor (Asian Studies)Don Anton, Senior Lecturer (on leave from July 08)Hafiz Aziz-Ur-Rehman, PhD CandidatePeter Bailey AM, OBE, Adjunct ProfessorHelen Bermingham, Assistant LecturerKevin Boreham, LecturerSimon Bronnitt, ProfessorPeter Cane, ProfessorHilary Charlesworth, Professor & ARC Federation Fellow, Director of Centre for International Governance & Justice (RegNet CIGJ)Moeen Cheema, Teaching FellowJennifer Clarke, Senior Lecturer (on leave from July 2008)Tony Connolly, Senior LecturerMichael Coper, Professor and DeanRobin Creyke, Professor and Alumni Chair of Administrative LawDominique Dalla-Pozza, Associate LecturerLynn Du Moulin, Lecturer (Part Time)Thomas Faunce, Associate ProfessorJeremy Farrall, Research Fellow, (RegNet CIGJ)Jean-Pierre Fonteyne, Senior LecturerJo Ford, PhD Scholar, (RegNet-CIGJ)Don Greig, Visiting Fellow and Emeritus ProfessorLaura Grenfell, PhD Candidate (RegNet)Kath Hall, Senior LecturerSusan Harris-Rimmer, Research Officer (RegNet,CIGJ)Sarah Heathcote, Senior LecturerVivian Holmes, Senior LecturerBrad Jessup, Teaching FellowJudith Jones, Senior LecturerAnn Kent, Visiting FellowLinda Kirk, Graduate Student Wendy Kukulies-Smith, Teaching FellowJoanne Lee, PhD CandidateLeighton McDonald, Associate ProfessorAlison McLennan, PhD CandidateJohn McMillan, Professor (on leave)Anne McNaughton, LecturerAnne MacDuff, Lecturer & PhD CandidatePenelope Mathew, Reader (on leave)Rebecca Monson, PhD candidateWayne Morgan, Senior LecturerHitoshi Nasu, LecturerMolly Townes O’Brien, Associate ProfessorLouise Parrott, PhD CandidateDennis Pearce AO, Visiting Fellow and Emeritus ProfessorJames Prest, LecturerPeter Prince, PhD CandidateSimon Rice OAM, Associate ProfessorHeather Roberts, LecturerDonald R Rothwell, Professor of International LawGabrielle Simm, PhD Candidate (RegNet)Amelia Simpson, Senior Lecturer (on leave)Achmad Gusman Catur Siswandi, PhD CandidateAdérito Soares, PhD (RegNet)James Stellios, Associate ProfessorDaniel Stewart, Senior LecturerFelicity Tepper, PhD CandidateFiona Wheeler, ProfessorBen Wickham, LecturerErnst Wilheim, Visiting FellowGeorge Williams, Visiting FellowKatie Young, Research Fellow(RegNet)Matthew Zagor, LecturerLeslie Zines, Visiting Fellow and Emeritus Professor

Centre for International and Public LawANU College of Law

The Australian National University

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T: +61 (02) 6125 0454

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E: cipl .law@anu .edu .au

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november 2009 newsletter - anu college of law · 2010. 11. 1. · cipl newsletter november | 2009...

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