C E N T R E F O R I N T E R N A T I O N A L A N D P U B L I C L A WF A C U L T Y O F L A W

Issue No. 3 of 2000 edited by Cathy Hutton December 2000

The Annual Public LawWeekend

10–11 November 2000This annual conference, the public law flagship of the Centre,

deals in alternate years with administrative and constitutional

law. This very successful fifth Public Law Weekend and the

third dealing with administrative law attracted 150 participants.

The Friday theme was administrative law intersections. The

speakers examined the shifting intersections between public

and private institutions and the laws affecting them. In

particular they looked at how tort liability, corporations law and

workplace relations have influenced and been influenced by

developments in administrative law. The Saturday update

reviewed recent developments in administrative law over the

last two years. The sessions covered freedom of information,

tribunals, judicial review and future developments.

The Friday night dinner speaker was the Hon. Michael Black

AC, Chief Justice of the Federal Court of Australia. Drawing on

his experience at the Federal Court, he reflected on the 20

years since the commencement of the Administrative Decisions

(Judicial Review) Act 1977.

Congratulations and thanks to the convenors Judith Jones and

Daniel Stewart for the splendid results of their hard work.

The proceedings will be published in a special edition of the

Federal Law Review. All Public Law Weekend participants will

be advised.

Robin Creyke and Chief Justice Michael Black

George Williams, John Basten QC & Peter Bailey

Congratulations toProfessor JohnMcMillan who has beenappointed as the firstAlumni Chair inAdministrative Law,Faculty of Law, ANU

CIPL Newsletter No 3, 2000 / / P a g e 2

The Dismissal Dinner11 November 2000

This commemorative dinner, hosted by Dean of the Faculty

Professor Michael Coper, was held at the Lobby Restaurant to

mark the 25th anniversary of the dismissal of the Whitlam

Government. It was attended by 140 people, including Gough

and Margaret Whitlam and was a truly memorable occasion. Mr

Whitlam’s splendid speech will be published in due course.

Gough Whitlam, Justice Jane Mathews &Tony Blackshield

Gough Whitlam & Cathy Hutton

Research projectsin the Centre

J & C Macarthur Foundation fundedproject on Women and International

Dispute Resolution(Charlesworth & Chinkin)

From 13–23 November 2000, I travelled the streets of Dili, East

Timor, along with beloved escapee pet monkeys, multiple stray

dogs and screeching cicadas, in search of information about

the involvement of East Timorese women in legal and

administrative processes initiated by the United Nations

Transitional Administration in East Timor (UNTAET). UNTAET

is a massive international mission, with thousands of civilian

workers and peacekeepers from around the world led by a

former Brazilian diplomat, Mr Sergio Vieira de Mello. According

to the terms of clause 6 of the Security Council Resolution

1272 (1999), Mr de Mello is responsible, as the Secretary-

General's Special Representative and the Transitional

Administrator, ‘for all aspects of the United Nations work in

East Timor’ and has ‘the power to enact new laws and

regulations and to amend, suspend or repeal existing ones’.

The Transitional Administrator's broad powers reflect the

ambitious mandate of the Administration itself, which range

from the maintenance of law and order in East Timor's 13

districts through to establishing an effective administration and

assisting in ‘the establish of conditions for sustainable

development’ (SC Res. 1272, clause 2).

My task was thankfully somewhat more modest than the terms

of the mandate. I am collecting data for a case study on the

ways in which East Timorese women were involved in the

international negotiations in 1999 leading to the establishment

of UNTAET, and subsequently in the discharge of its mandate.

This study will provide concrete evidence of how an

international solution to a humanitarian crisis negotiated within

the terms of the UN Charter affects women in the subject

territory. It also will provide an opportunity to test these results

against the various statements made by prominent UN bodies

and officials in recent years exhorting the greater involvement

of women in peace and security positions.

UNTAET does (now) have a Gender Affairs Unit. It has six

employees, all of whom are foreign nationals, and performs

various functions, from scrutinising legislative proposals for

sensitivity to gender issues through to initiating a domestic

violence awareness campaign. I was able to talk with a number

of women from local NGOs as well as a female East Timorese

member of the Transitional Cabinet, and gained some insights

into East Timorese gender issues, as well as making further

contacts. These insights and contacts will be crucial in helping

to refine my approach to the next fieldtrip in the new year, and

in ensuring that I learn as much about the technical aspects of

a UN mission as about the challenges of learning to live without

electricity and with soaring humid heat and a profusion of

domestic animals.

Mary Wood

CIPL Newsletter No 3, 2000 / / P a g e 3

Centre publicationsAustralian Year Book of

International LawVolume 20 published in December 2000 is a festschrift for Don

Greig. Contributors include Dame Rosalyn Higgins (ICJ),

Professor Vaughan Lowe (Oxford), Professor Malgosia

Fitzmaurice (London) and Professor R St J Macdonald

(Dalhousie). The publication was launched by Sir Gerard

Brennan on 18 December at the Law School. Please contact

the Centre if you would like to order a copy.

Law and Policy PapersThe three papers in the Law and Policy Paper series soon to

be published are:

Paper 14Australia and the United Nations: Challenges in the NewMillenniumHE Ambassador Penny Wensley

A survey of Australia’s involvement with the United Nations and

an analysis of the future challenges in light of this relationship

(presented on 2 March 2000, the text of the first in a series of

annual lectures by Australia’s Ambassador to the United

Nations). Publication is available from Federation Press from

January 2001.

Paper 15The Resurrection of the RepublicProfessor George Winterton

A discussion of the 1999 Republic Referendum and the

prospects for future constitutional change. Expected publication

date January 2001.

Paper 16Administrative Review in TransitionJustice Deirdre O'Connor, President of the Administrative

Appeals Tribunal

Susanne Tongue, Principal Member of the Migration Review

Tribunal

Dr Peter Nygh, Acting Principal Member of the Refugee

Review Tribunal

Mr Bill Rolfe, Principal Member of the Veterans' Review Board

Ms Margaret Carstairs, Acting Principal Member of the Social

Security Appeals Tribunal.

Five essays by the principal members of the existing tribunals

on the proposed changes in the Commonwealth tribunal

system discussing the features of the existing system that

could be preserved within the new structure. Expected

publication date January 2001

Subscription enquiries: Law and Policy Paper series:Federation PressTelephone: 02 9552 2200Fax: 02 9552 1681email: sales@federationpress.com.au

Discussion groupsPublic Law and Public Administration

Discussion Group (PLDG)Evening seminars

The PLDG seminars are convened by Pam O'Neil and

membership is by invitation

23 NovemberThe Electronic Revolution: Is the Nation State Redundant?John Broome, former head of the National Crimes Authority

This talk will be published by the Centre as an Occasional

Paper in the New Year. It was the fifth seminar organised in

2000 for the Group which is now in its 17th year. In 2001 the

seminars will follow the theme of ‘Problems of Federalism and

Administrative Law’ to reflect 100 years of Federation.

CongratulationsJohn McMillan has been elected President of the Australian

Institute of Administrative Law.

Amelia Simpson, our CIPL Scholar during the first half of

2000, has been awarded a Fulbright Postgraduate Scholarship

to study in the United States. This is a great achievement.

Amelia will take up her scholarship in August 2001, studying for

an LLM at either Yale or Columbia. She intends to study

American legal responses to issues of racial inequality and

discrimination, and consider how these might inform law reform

efforts in Australia. Amelia has also been appointed as a

Lecturer in the Faculty of Law, ANU.

Adrienne Stone has been awarded a 3-year Large ARC grant

as joint chief investigator with Professors Tom Campbell (ANU)

and Jeffrey Goldsworthy (Monash) for research on ‘Legislative,

Judicial and Popular Participation in the Protection of Human

CIPL Newsletter No 3, 2000 / / P a g e 4

Rights in Australia’. She has also been appointed as a Senior

Lecturer in the Law Faculty, ANU.

Phillipa Weeks has been appointed to a Chair in the Law

Faculty, ANU from 1 January 2001.

Arrivals and departures inthe Centre

Anne Gallagher, Office of the UN High Commissioner for

Human Rights, and Visiting Fellow in the Faculty this year, has

now returned to Geneva but we hope to see her for short visits

during 2001. During her time in the Faculty Anne worked on

issues of trafficking in women and children.

Dr Ann Kent from the Law Program, RSSS, has won an ARC

Research Fellowship to be in the Law Faculty for five years to

work on international law in China's foreign policy. This is the

first ARC Fellow we have hosted here in the Law Faculty and

we are delighted that she will be located in CIPL.

Adrienne Stone will be a Visiting Scholar at Columbia Law

School from January 2001 for six months.

George Williams has taken up his new position as Anthony

Mason Professor of Law and Director of the Gilbert & Tobin

Centre of Public Law at the University of NSW. He will also be

teaching as the Laskin Professor of Public Law at Osgoode

Hall Law School, Toronto over the winter 2001 semester

(January to May). He can be contacted on

george.williams@unsw.edu.au

Staff and members'conference papers and talksPlease contact CIPL members directly for further information

on their publications

Hilary Charlesworth

Presentation at Conference on Conflict and Peacemaking in

the Pacific: Social and Gender Issues 12 October 2000

(Canberra)

New College Lectures ‘The Centenary of Federation: Human

Rights Perspectives’ New College 16–18 October (Sydney)

‘Australia and the United Nations’ Lord Mayor’s UN Reception

24 October (Brisbane)

Lunchtime seminar on ‘The Boundaries of International Law’,

DFAT 28 October (Canberra)

‘Utopias and Apologies: the mixed language of human rights’

presentation at RSPAS workshop on International Relations

and International Law, 10 November (Canberra)

‘Australia and International Human Rights’ paper at Conference

on Human Rights: A Fair Go for All, 8 December (Perth)

‘Australia and the International System of Refugee Protection’,

book launch of UNHCR’s State of the World’s Refugees (2000)

14 December (Canberra)

Robin Creyke

‘The Impact of Administrative Law on Federal Government

Agencies’, paper scheduled to Heads and Members of

Australian Public Service Agencies (COMNET Group),

22 November 2000

‘Administrative Review by Tribunals: Divergence and Loss’,

paper presented at the Annual Public Law Weekend, ANU,

11 November 2000

Pene Mathew

‘A clean slate? Timor Lorosae (East Timor) during and after

UNTAET’s administration’, paper delivered to the joint

American Society of International Law and the Australian and

New Zealand Society of International Law meeting in Canberra,

June 2000.

‘Economic, Social and Cultural Rights’, paper delivered at

‘Human Rights and the Future of East Timor’, a workshop

convened by the UNTAET Human Rights Unit and the

Association of East Timorese Jurists, Dili, August 2000. The

conference was opened by the UN High Commissioner for

Human Rights, Mary Robinson, and attended by members of

the Council for National Timorese Resistance (CNRT),

members of East Timorese non-government organisations and

UN officials, including Sergio Viera de Mello and Pat Burgess.

The conference produced recommendations to feed into the

subsequent CNRT conference.

John McMillan

‘An Analysis of the Reasons for Decision of the Refugee

Review Tribunal’, paper and address delivered to the RRT

Members' Annual Conference, Sydney, October 2000

CIPL Newsletter No 3, 2000 / / P a g e 5

‘Recent Developments in Federal Judicial Review’,

presentation to the ANU Alumni Weekend (Canberra, October

2000) and a public sector seminar (Melbourne, November)

‘Public Sector Tort Liability and its Intersection with

Administrative Law’, paper and address delivered to the ANU

Public Law Weekend, Canberra, November 2000

‘External Review Project Interim Report’, joint presentation with

Dennis Pearce and Robin Creyke to the PSMPC COMNET

meeting, November 2000

Dennis Pearce

Concluding Comments: Seminar: Administrative Law in

Transition — The Proposed Administrative Review Tribunal,

Parliament House, Canberra 25 October 2000

(With Robin Creyke and John McMillan) Presentation to

ComNet (Australian Public Service) on research project relating

to the impact of administrative law on government agencies

Adrienne Stone

Panellist, Parliamentary Education Office Forum ‘Who's

Running the Show Anyhow? The Separation of Powers’,

October (Canberra)

Staff and members'publications

Please contact CIPL members directly for further information

on their publications

Hilary Charlesworth <Hilary.Charlesworth@anu.edu.au>

‘The Politics of Collective Security’ (2000) IX Finnish Yearbook

of International Law 39

Robin Creyke <Robin.Creyke@anu.edu.au>

Books: (forthcoming)

Control of Government Action: Text, Materials and Cases (with

J McMillan) Sydney, Butterworths, publishing 2001 (900 pages)

Australian Administrative Law in the 21st century (with

P Keyzer) (publishing late 2000 with Federation Press) (the

papers from ANU CIPL Public Law Weekend special theme

conference to honour the contribution to Australian

administrative law of Sir Gerard Brennan, former Chief Justice,

High Court of Australia, held 6–7 November 1998)

Administrative Justice — the Core and the Fringe (co-editor

with J McMillan), Canberra, AIAL, 2000 (conference

proceedings from AIAL Forum, Canberra, May 1999)

(publishing by Brown & Co, late 2000 — manuscript with

publishers)

Administrative Review in Australia (with DC Pearce, and

JD McMillan), publishing 2001 (results of six year empirical

research into external review of government, funded by two

Large Australia Research Council Grants)

Laying Down the Law: the foundation of legal reasoning,

research and writing in Australia (with CJ Cook, RH Geddes,

I Holloway (5th ed), Sydney, Butterworths, publishing

November 2000). Manuscript is with publishers. The work is the

most widely used foundation text in Australian law schools —

one of Butterworths ‘golden books’.

‘Outside the courtroom: the extra-judicial writings of Sir Gerard

Brennan’ in R Creyke & P Keyzer (eds) Australian

Administrative Law in the 21st Century (2000)

Articles: (forthcoming)

‘Globalisation, Rights and Australian Administrative Law’ (with

J McMillan), a script of a duet presented at the AIAL Forum,

June 2000, Adelaide, in C Finn (ed) Sunrise or Sunset?

Reinventing Administrative Law for the New Millennium AIAL,

Canberra, publishing Brown & Co, Canberra, late 2000.

‘Globalisation: A Threat to Australian Administrative Law’ (with

J McMillan) paper presented at the AIAL Forum, June 2000,

Adelaide, publishing early 2001.

‘Administrative Review by Tribunals in Australia: Divergence

and Loss’ in J Jones, D Stewart (eds) Proceedings of the

Public Law Weekend, ANU, 10–11 November 2000, publishing

early 2001.

‘Legitimate Expectation’ topic entry in A Blackshield, M Coper,

G Williams Oxford Companion to the High Court, LBC

Information Services Ltd, 2001

‘Kioa’, case law entry in A Blackshield, M Coper, G Williams

Oxford Companion to the High Court, LBC Information Services

Ltd, 2001

‘Administrative Justice: The Concept Unfolds’ (with J McMillan)

in R Creyke, J McMillan (eds) Administrative Justice: the Core

and the Fringe AIAL, publishing December 2000.

CIPL Newsletter No 3, 2000 / / P a g e 6

Pene Mathew <Penelope.Mathew@anu.edu.au>

‘Conformity or Persecution: China’s One Child Policy and

Refugee Status’ University of New South Wales Law Journal.

The article is part of a symposium on refugees with a forward

by Professor Guy Goodwin-Gill (Oxford) and contributions by

Justice Sackville, Justice Einfeld, the Minister for Immigration

and Multicultural Affairs, Mr. Ruddock and Australian

academics and others who write in the field of refugee law.

Pene’s contribution is the final published product of her

Doctoral work at Columbia University.

John McMillan <John.McMillan@anu.edu.au>

‘Law and Administration — Conflicting Values’ Canberra

Bulletin of Public Administration December 2000

Book reviews in Lawyers' Weekly, Ethos, and Canberra Bulletin

of Public Administration

Mary Wood (with H Charlesworth & C Chinkin) ‘Women and

Conflict Resolution in International Law’ Development Bulletin

No 53, 7–9 October 2000

Consultations withgovernment

Hilary Charlesworth

Meeting with a delegation from the Chinese Academy of Social

Sciences on UN treaty reform 13 November

Submission to Joint Standing Committee on Foreign Affairs,

Defence and Trade on Australia and the United Nations

Submission to the Joint Standing Committee on Treaties on the

Statute of the International Criminal Court

Pene Mathew

Submission for the Jesuit Refugee Service to the regional

meeting of UNHCR in July, 2000 regarding Australia’s Border

Protection Legislation Amendment Act. The paper resulted in

two contributions to the NGO statement to the meeting.

Commented on the ‘Three Circles’ Consultation with States,

NGOs and academics initiated by UNHCR to coincide with the

50th anniversary of the 1951 Convention Relating to the Status

of Refugees.

Hilary Charlesworth and Pene Mathew

Participated (with Dianne Otto, University of Melbourne) in a

round table with representatives of DFAT and Attorney-

General’s Department, regarding the Australian Government’s

High Level Diplomatic Initiative on reform of the UN treaty

bodies, 29 November 2000.

Dennis Pearce

Report to Therapeutic Goods Administration on an

Investigation Relating to the Advertising of Certain Therapeutic

Goods

MediaPene Mathew

Interviewed by the ‘Law Report’ Radio National, July 2000,

regarding the establishment of a new legal system in East Timor

Interviewed by SBS German language program regarding

refugees in Australia as compared with the European Union

(recorded 2 August, 2000).

Interviewed by ‘Statewide’, ABC TV regarding Australia’s

adoption of temporary visas for refugees entering without a visa

(recorded 2 August, 2000).

Interviewed by Radio National, 6 September, 2000 regarding

suggestion that Australia withdraw from the communication

procedure under the Convention Against Torture.

Signed op/ed with seven other international lawyers, ‘Howard’s

Human Rights Stance a Concern’, Financial Review,

8 September, 2000.

Op/ed piece with Hilary Charlesworth, ‘Why a Bill of Rights

would Protect Howard’s “Fair Go”’ The Age, 12 September 2000.

ConferencesJohn McMillan

Conference Director for ‘Administrative Law in Transition —

The Proposed Administrative Review Tribunal" — a one-day

seminar on the ART Bill, held at Parliament House, October

2000, jointly sponsored by the Australian Institute of

Administrative Law and the Senate Legal and Constitutional

Legislation Committee (proceedings published on the

Parliament House website).

CIPL Newsletter No 3, 2000 / / P a g e 7

F o r Y o u r D i a r y

Australian and New Zealand Society ofInternational Law

Annual Conference13–14 June 2001

Australian National University

Call for Papers

The Annual Conference and General Meeting of the Australian and New Zealand Society of International Law will be held

13-14 June 2001 at the Australian National University, Canberra, organised by the Centre.

The conference format will comprise a keynote speaker and panel sessions. One part of the conference will be devoted to the

theme of ‘International Law Down Under: Antipodean Contributions & Challenges’. Papers that reflect on the past contributions of

Australia and New Zealand to the development of international law and also look to challenges that we may face in the present

and future are especially welcome, but papers in any area of international law will be considered. New scholars andpractitioners are particularly encouraged to present a paper.

Proposals and/or abstracts should be submitted by Friday 16 February 2001 to the ANZSIL Secretariat. Presentations delivered

at the conference should be between 10 and 15 minutes long. Papers submitted in written form after the conference will be

published in the proceedings. The conference brochure will be sent out in March 2001 with details of registration, travel,

accommodation etc. Some financial assistance will be available to encourage students to attend and this information will also be

included in the brochure.

Further information:ANZSIL Secretariat

CIPL, Faculty of Law

Australian National University

Canberra ACT 0200

Tel: +61 2 6125 0454

Fax: +61 2 6125 0150

email anzsil@law.anu.edu.au

Please note change in telephone & fax no. prefix for the ANU

CIPL Newsletter No 3, 2000

2000 staff and membersof the Centre

StaffHilary Charlesworth, Professor and DirectorCathy Hutton, AdministratorJenny Braid, Publications

Academic Members: Public LawPeter Bailey, Adjunct ProfessorPeter Bayne, ReaderTony Blackshield, Adjunct ProfessorJennifer Clarke, LecturerMichael Coper, Professor and DeanRobin Creyke, ReaderIan Holloway, Senior Lecturer (to July)Judith Jones, LecturerJohn McMillan, ReaderJohn Seymour, Adjunct ProfessorAmelia Simpson, LecturerDaniel Stewart, LecturerAdrienne Stone, LecturerFiona Wheeler, Senior LecturerGeorge Williams, Senior LecturerPhillipa Weeks, Reader

Academic Members: International LawDeborah Cass, Senior Lecturer (to July)Annemarie Devereux, Visiting Lecturer & PhD CandidateJ-P Fonteyne, Senior LecturerDon Greig, Emeritus ProfessorPenelope Mathew, Senior LecturerRobert McCorquodale, Reader (to August)Gerry Simpson, Senior Lecturer (to July)

Visiting FellowsPam O’NeilDennis Pearce, Emeritus ProfessorTom Sherman

PhD CandidatesZoe PearsonHelen Watchirs

Visiting Postgraduate StudentSari Kouvo (University of Göteborg, Sweden)

Research FellowsDeborah SenzMary Wood

Research AssistantsSyvi BoonJill Caldwell

Belinda HollwayEsther JamesGeorgia Price

2000 Advisory BoardProfessor John Braithwaite, Law Program, Research School ofSocial Sciences, ANU

Professor Michael Coper, Dean, Faculty of Law, ANU (Chair)

Mr Robert Cornall, Secretary, Attorney-General’s Department

Mr John Dauth, Secretary, Department of Foreign Affairs andTrade (from October)

Professor Meredith Edwards, Deputy Vice Chancellor,University of Canberra

The Hon. Justice Susan Kenny, Federal Court of Australia

The Hon. Justice Michael Kirby AC, CMG, High Court ofAustralia

Mr Miles Kupa, Deputy Secretary, Department of ForeignAffairs and Trade (to October)

Robert Cornall, John Braithwaite,Hilary Charlesworth, Justice Michael Kirby, Miles

Kupa, Justice Susan Kenny, Michael Coper

Please note change in telephone & fax no. prefixfor the ANU

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