December 2011
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Newsletter CENTRE FOR INTERNATIONAL AND PUBLIC LAW INDEX Note from the Director 2 Events from November 2010 – December 2011 3 Future 2011 Events 13 Australian Year Book of International Law 15 Cambridge University Press (CUP) Series: Environmental Discourses 16 Publications by Centre Members 20 Presentations, Papers and other Activities 22 ANU COLLEGE OF LAW Centre Staff & Members 34 December 2011 NOTE FROM THE DIRECTOR The fifth CIPL workshop linking public lawyers with international lawyers was held in late June under the heading “Security Institutions and International and Public Law.” I thank my colleague Dr Hitoshi Nasu, who helped me run this workshop, which occasioned excellent papers from national and international participants. Those papers are now being written up for the fifth book in the CIPL, Cambridge University Press series. During the course of the year, production This year’s newsletter covers the period from November has proceeded on the finalisation of the third book in 2010 through until December 2011, and it has been a the series which is due out in December (see page 15) full and productive year, as the pages ahead illuminate! and work is being finalised on the fourth book from Our Friday lunchtime lecture series in 2011 were held on last year’s workshop on Allegiance and Identity in a the first and third Fridays in March, April, May, August, Globalised World. To that end a Call for Abstracts has September, and October. This year we highlighted been issued for the sixth workshop, which will be held academics whose research intersects with practice in August 2012 (see further at page 13). (see descriptions below of those of Don Anton, Anthea Since 2008 CIPL has been acting in the role of Roberts, Nicholas Duff, Glenn Patmore, Fiona David Secretariat for the Jessup International Law Moot and Houng Nguyen) and practitioners’ work in public Competition held at the ANU College of Law each or international law (see James Popple, Dr Marie-Luce summer and I thank those members of CIPL who Paris-Dobozy, Roger Wilkins AO, Catherine Ordway, coordinate it – in particular Professor Don Rothwell. Simon Matthews and Nick Westerink). As in each newsletter, we present the wonderful In addition to the lunchtime lecture series we had a contributions of our CIPL colleagues whose research series of public seminars and lectures occasioned by output and community outreach is prodigious! I’d also visitors to Canberra from a range of academics and like to take the opportunity to thank all those who practitioners, including a very successful roundtable support the Centre in so many ways. on Human Rights with Navi Pillay, the UN High Commissioner for Human Rights, together with Dr Our Dean, Michael Coper continues to be a great Helen Watchirs, the ACT Human Rights and champion of CIPL and we have all been thinking of Discrimination Commissioner and Professor Tom him and sending nurturing hearty wishes during his Campbell from CAPPE. The pages ahead give you extended leave this year, and look forward to his return more details of the breadth and scope of our occasional in 2012. I am grateful for Professor Fiona Wheeler’s public lectures and seminars. We were also delighted support as Acting Dean and her general support as a that the Thai Ambassador to Australia, His Excellency member of CIPL. Dr Kriangsak Kittichaisaree presented a public lecture Our Advisory Board members continue to provide and met with Board members of CIPL. invaluable support for the Centre in various guises, and Our two major conference events, the annual ANZSIL I thank The Honourable Susan Kenny, Federal Court conference in June and the annual Public law weekend of Australia, Professor William Maley AM, Asia-Pacific in September were coupled with our two named College of Diplomacy Mr Richard Rowe, Acting First lectures: the Annual Kirby Lecture in International law Assistant Secretary International Organisations & Legal was presented by The Honourable Louise Arbour from Division Senior Legal Adviser, Department of Foreign the International Crisis Group, and the Annual Geoff Affairs and Trade, Professor Don Rothwell, Professor Sawer Lecture was delivered by The Right Honourable of International Law Centre for International and Public Madam Chief Justice Beverley McLachlin, of Canada. Law, ANU College of Law, ANU, Mr Roger Wilkins These were each wonderfully attended and stimulating AO, Secretary, Attorney-General’s Department, The lectures, coupled with very engaging conferences and Honourable Justice Richard Refshauge, The Supreme I thank all presenters and attendees! Court of the ACT, Ms Kathy Leigh ACT Dept of Justice & Community Safety and Ms Elizabeth Broderick, Australian Human Rights Commission for all of their work this year. 2 CIPL Newsletter December | 2011 The administrative support for CIPL within the ANU College of Law comes through our College’s Outreach CIPL EVENTS and Administrative Support team (COAST) in particular November 2010 – December 2011 Wendy Mohring who has been doing a wonderful job – supported by Christine DeBono, Kristian Draxl, Sarah To access recordings and proceedings of CIPL Hull, Claire Atteia and Elaine Cooper. Thanks also to events, go to http://law.anu.edu.au/cipl/events.asp Margaret Donnelly who was part of the team during 2011. CIPL Friday Lunchtime Seminar I am always interested to hear feedback from our CIPL larger community and I wish you all the best for the 5 November 2010 forthcoming holiday season, and look forward to seeing Universal Periodic Review: The Politics of International you in 2012. Law Ms Rowan McRae, Attorney-General’s Department Kim Rubenstein The Universal Periodic Review (UPR) December 2011 was established in 2007. Under this process, every four years, each member state of the United Nations is required to engage in an interactive dialogue about its human rights record with member and observer states of the Human Rights Council. Rowan McRae The aim is to improve the human rights situation in all countries and address human rights violations wherever they occur. Australia’s first UPR was staged in January 2011. Rowan McRae’s presentation considered how the mechanism operates in practice, and how it measures up against its stated aims. CIPL Board members and Thai Ambassador: (L-R) Richard Rowe, Kim Rubenstein, Kathy Leigh, Richard Refshauge, Bill Maley, Susan Kenny, His Symposium Excellency Kriangsak Kittichaisaree, Justice Kenny’s son, Kamtorn Kenny- Jones 18 November 2010 Colonial Copyright, Postcolonial Publics: The Berne Convention and the 1967 Stockholm Diplomatic Conference Revisited Professor Hemmungs Wirtén, Uppsala University, Sweden This symposium explored the debate over intellectual property and the knowledge commons in the fields of research, culture, and science. The keynote speaker, Professor Eva Hemmungs Louise Arbour and Michael Coper Wirtén from Uppsala University Professor Wirten in Sweden discussed the development of a cultural commons, looking at the Berne Convention and the 1967 Stockholm Diplomatic Conference. CIPL Newsletter December | 2011 3 The four panellists explored a number of further constitutional implication in this way: a stronger Kable contexts for the debate over intellectual property and principle implies and is implied by a weaker attribution the knowledge commons. In particular, the speakers of a court to a state and vice versa. investigated the water commons; debates over cultural environmentalism and climate change; the CIPL Friday Lunchtime Seminar development of a scientific commons for the emerging field of synthetic biology; and the place of traditional 3 December 2010 knowledge in the intellectual commons. http://www. law.ed.ac.uk/ahrc/script-ed/vol7-3/wirten.asp Recent Developments in Chapter III: Kirk v Industrial Relations Commission of NSW CIPL Friday Lunchtime Seminar Emeritus Professor Leslie Zines, ANU College of Law 19 November 2010 Attributes and Attribution of State Courts Mr Brendan Lim, Attorney General’s Department, Canberra Emeritus Professor Zines and Professor Rubenstein In this seminar, Emeritus Professor Leslie Zines AO FASSA shared his views on recent developments in Chapter III of the Australian Constitution. Emeritus Professor Zines is a visiting fellow with the John Fleming Centre for the advancement of Legal Research at the Professor Rubenstein and Brendan Lim ANU College of Law and a visiting professor with the Faculty of Law at UNSW. After a succession of failed challenges to state legislation affecting the functions, processes and Public Lecture composition of state courts, the constitutional principle first identified inKable v DPP (NSW) has been revived in 24 January 2011 the High Court. In its current form, the Kable principle U.S. Policy and Accountability for Mass Atrocities, elaborates the constitutional expression “court of a Past and Present State.” Its doctrinal locus is the identification of the defining characteristics, or attributes, of a court. This Mr Stephen J Rapp, U.S. Ambassador-at-Large, presentation sought to identify a further, if overlooked, War Crime Issues dimension to the Kable principle, which Lim called The Office of War Crimes Issues, led by Ambassador the attribution of a court. By ‘attribution’ is meant the Rapp, advises the Secretary of State directly and identification of a court as an emanation, more or less formulates U.S. policy responses to atrocities committed exclusively, of a particular constituent body politic of in areas of conflict and elsewhere throughout the world. the federation.