December | 2013 Newsletter Centre for International & Public Law CONTENTS Note from the Director ............................................ 3 Events from December 2012 – November 2013 .......................... 5 Australian Year Book of International Law ............................ 19 Cambridge University Press Series .................................. 20 New CIPL Staff Members .......................................... 22 CIPL Interns .................................................... 24 New CIPL visiting programs ....................................... 25 Publications by Centre Members ................................... 26 Presentations, Papers and other Activities ............................ 28 Centre Staff & Members ........................................... 37 ANU College of Law Note from the Acting Director Dr James Stellios It is with great pleasure that I report on the Centre’s activities for the last The Centre has had 12 months. The Centre has had a rich and diverse program engaging with important issues of public policy across international and public law areas. a rich and diverse Our program this year was highlighted by five conferences: symposia to mark program engaging the 30th anniversaries of the UN Convention on the Law of the Sea and the with important High Court’s decision in the Tasmania Dam Case; a conference to explore the whaling dispute before the International Court of Justice, the 21st Annual issues of public ANZSIL Conference, and the Public Law Weekend which focused on a range policy across of important and current administrative law issues. There was also a public seminar to explore the High Court challenge to the ACT Marriage Equality international and Act 2013, with a number of other public seminars on a range of issues. public law areas. In many cases we were able to collaborate with other ANU and College Centres and our government colleagues in the Department of Foreign Affairs and Trade and the Commonwealth Attorney-General’s Department. We look forward to continuing those collaborations into the future. I also thank Professor Andrew Byrnes (UNSW), ANZSIL President, Professor Don Anton (ANU) and the other members of the conference organising committee for running a successful ANZSIL conference again this year. We were privileged to hear from two distinguished speakers delivering the Annual Kirby Lecture on International Law and the Annual Geoffrey Sawer Lecture. Professor Gillian Triggs, the President of the Australian Human Rights Commission, delivered the Kirby Lecture entitled ‘Freedom of Speech and Giving Offence: Can a Balance be Struck?’. Former Dean of the ANU College of Law, Professor Michael Coper, delivered the Sawer Lecture looking at Geoffrey Sawer’s contribution to Australian legal and political life. His lecture was entitled ‘Geoffrey Sawer and the Art of the Academic Commentator: A Preliminary Biographical Sketch’. We were honoured to have heard their significant and insightful contributions to these premier Centre events. The details of our entire public program can be found in the newsletter below. I would like to thank my CIPL colleagues, particularly Don Anton, Kevin Boreham, Tim Bonyhady, Sarah Heathcote, Leighton McDonald, Andrew Macintosh, Wayne Morgan, Heather Roberts, Don Rothwell and Daniel Stewart, for their assistance in delivering this year’s program. Top: Kaushik Ramesh, Rui Lam, Sascha Silbertein, Dr Ryan Goss, The Centre welcomed five new academic members in the last 12 months: Prof Donald Rothwell, Katelyn Ewart, Joshua Neoh and Dr James Stellios Ryan Goss, Joshua Neoh, Kate Ogg, Imogen Saunders and Pauline Thai. Left: Prof Fiona Wheeler and Ms Rosalind Dixon Their teaching and research interests (profiled in the newsletter below) add Above: Prof Tim Bonyhady and Dr Heather Roberts considerably to the diversity of the CIPL academic community. The Centre also had the benefit of hosting four student interns, who worked closely on their projects with CIPL members. The students were Katelyn Ewart, Rui Lam, Kaushik Ramesh and Sascha Silberstein, and their experiences are described in the newsletter below. I would like to thank Centre members, Ryan Goss, Joshua Neoh and Don Rothwell, for their supervision of CIPL interns and their contribution to the internship program. 2 ANU College of Law CIPL | December 2013 3 In 2010, the The Federal Law Review, one of Australia’s leading academic journals, CIPL Events Federal Law has an annual prize for excellence in legal research awarded in honour Professor Leslie Zines. The Zines Prize for 2012 was awarded to Dr Brendan December 2012 – November 2013 Review introduced Lim. Further details can be found in the newsletter below. On behalf of the Centre and its members, I would like to congratulate Dr Lim on this SYMPOSIUM a prize for legal outstanding achievement. research in honour 10 December 2012 With this newsletter, my time as acting director of the Centre is nearing 30th Anniversary: UN Convention on the Law of the Sea of Professor Leslie an end. I would like to thank the Dean of the College, Professor Stephen Zines. The Zines Bottomley, for his support of the Centre and its activities, and the Centre’s law.anu.edu.au/conferences/law-sea Prize for 2012 Advisory Board for its continuing guidance. I would also like to acknowledge The United Nations Convention on the Law of the Sea opened for signature and thank the members of the College’s Outreach and Community Support on 10 December 1982 at Montego Bay, Jamaica. Thirty years on, the was awarded to Team (COAST) for the professional and expert way in which they organise Convention has assumed the contours of universality – with 162 States Party. Dr Brendan Lim. and run CIPL events. In particular, I would like to thank Wendy Mohring for The achievements it embodies are immense. The drafters of the Convention her invaluable support of the Centre’s activities, with excellent assistance strived to improve global security and justice among states, while recognising from Christine DeBono, Kristian Draxl, Sarah Hull and Claire Atteia. that the oceans and their finite resources should be dealt with holistically. It is Professor Kim Rubenstein will return to the Director’s chair in 2014. a framework for dealing with the myriad ways in which humanity interacts with the oceans. James Stellios This symposium, co-hosted with the Australian Department of Foreign Affairs December 2013 & Trade considered the achievements of the last 30 years and the challenges of the future. CIPL ADVISORY BOARD Our Advisory Board members continue to provide invaluable support for the Centre. I thank Professor Stephen Bottomley, Dean, ANU College of Law, ANU, the Honourable Justice Susan Kenny, Federal Court of Australia, Professor William Maley, AM, Asia-Pacific College of Diplomacy, Mr Richard Rowe, Senior Legal Advisor, International Organisations & Legal Division, Department of Foreign Affairs and Trade, Professor Don Rothwell, Professor of International Law, Centre for International and Public Law, ANU College of Law, ANU, Mr Roger Wilkins AO, Secretary, Attorney-General’s Department, The Honourable Justice Richard Refshauge, The Supreme Court of the ACT, Ms Kathy Leigh ACT Deptartment of Justice & Community Safety. Bill Campbell QC, Prof Don Rothwell, Mark Alcock and Anthony Bergin PUBLIC LECTURE 28 February 2013 Somali Pirates as Agents of Change in International Law and Organisation Dr Douglas Guilfoyle, Reader in Law, University College London Somali pirate attacks on world shipping are finally declining: but what explains this, and what does it tell us about international law and organisation? Both Somali piracy and counter-piracy efforts have proven highly adaptive. Somali pirates have been agents of international change, but largely at the level of generating new models of cooperation and soft- law. But to what extent are the forms of international cooperation that have emerged particularly new or effective? This talk considered a series of shifts: the move from a military approach to law enforcement operations; from unilateral enforcement to transnational coordination; from reliance on formal organizations to informal coordinating bodies; and from maritime law-enforcement to land-based operations, including criminal justice reform. 4 ANU College of Law CIPL | December 2013 5 However, industry and market based measures may have proven the most atolls, and cays, a threshold issue will be the capacity of these features to effective in suppressing piracy—and pirates themselves may now be looking generate maritime zones consistent with the 1982 United Nations Convention for new markets to enter. on the Law of the Sea. In this regard, particular legal questions arise as to whether these maritime features are Article 121 (1) islands, or Article 121 (3) This lecture was co-hosted with Centre for Military & Security Law rocks. Even when those matters are determined, there will remain issues as to how these features will be considered for the purposes of delimiting EEZ or continental shelf maritime boundaries. Some of these matters have been highlighted by the January 2013 application by the Philippines to invoke Part XV dispute resolution against China via Annex VII Arbitration. This seminar assessed these legal questions, and also considered the ICJ’s 2012 decision in Nicaragua/Colombia which has particular relevance to some of these legal issues. The seminar was facilitated by the Department of Foreign Affairs and Trade. Dr James Stellios, Assoc Prof David Letts, Dr Douglas Guilfoyle and