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. From its inception, the Kable principle The office coordinates U.S. Government support for has had to negotiate an awkward tension between, on war crimes accountability in the former Yugoslavia, the one hand, the continued existence of the states Rwanda, Sierra Leone, Cambodia, Iraq, and other and ‘their’ courts and, on the other hand, the integrated regions where crimes have been committed against judicature under Chapter III. Thus, Kim argued the civilian populations on a massive scale. The office Kable principle must be seen to be expressive of works closely with other governments, international values flowing from both of the structural pillars of institutions, and non-government organizations, and the Australian Constitution: the separation of powers with the courts themselves, to see that international and (attributes of a court) and federalism (attribution of domestic war crimes tribunals succeed in their efforts courts). Federalism values relate to the width of the
4 CIPL Newsletter December | 2011 to bring those responsible for such crimes to justice. in accordance with the information publications The Ambassador-at-Large for War Crimes Issues has scheme under the Act; and promoting awareness available a range of diplomatic, legal, economic, military, and understanding of the Act and its objects. Before and intelligence tools to help secure peace and stability, being appointed FOI Commissioner in November 2010, ensure accountability, and build the rule of law, which James worked for 12 years in various areas of the the Ambassador covered in his presentation. Australian Attorney-General’s Department, six years as First Assistant Secretary. In this presentation he shared Friday Lunchtime Seminar some of his experience so far in this role.
11 March 2011 Public Lecture ITLOS CASE NO.17: International Environment Law in 29 March 2011 the Seabed Disputes Chamber Aspects of the Work of the International Law Don Anton, ANU College of Law Commission Sir Michael Wood, Member of UN International Law Commission, FCO Legal Advisor (1999-2006) As a member of the International Law Commission, Sir Michael discussed the current work of the ILC, including the ILC’s recent work on the rules relating to expulsion of aliens and reservations Professor Rubenstein and Don Anton to treaties. Sir Michael Don Anton teaches, researches, and advises in the was the principal Legal areas of international law and environmental law. He Sir Michael Wood Adviser to the Foreign and has been a tenured member of the faculty at the Commonwealth Office ANU College of Law (ANU) since 2000 and teaches between 1999 and 2006. During 35 years as a lawyer in across a wide range of subjects including International the FCO, he participated in many important international Law, Human Rights, Property, Torts, International negotiations, including the United Nations Conference Environmental Law, Human Rights and the on the Law of the Sea. He spent three years at the Environment, Marine and Coastal Law, International United Kingdom Mission to the United Nations in New Trade and the Environment, International Procedure York, dealing chiefly with Security Council matters. and Advocacy, Federalism and the Environment, and He was Agent for the United Kingdom for a number Environmental Dispute Settlement. In this presentation of years before the European Commission and Court he shared his involvement in ITLOS CASE No 17. of Human Rights, and UK Agent in cases before the ICJ, as well as in proceedings before the International Friday Lunchtime Seminar Tribunal for the Law of the Sea and arbitral tribunals.
18 March 2011 Friday Lunchtime Seminar The First Four Months of the FOI Reforms 1 April 2011 James Popple, Freedom of Information Commissioner, Office of the Australian Information Commissioner New Constitutional Review in France: How Does the French Constitution Finally Speak to its People - or Dr James Popple is the Australian Freedom of Does it? Information Commissioner. He is responsible for undertaking merits review of FOI decisions made Dr Marie-Luce Paris-Dobozy by Commonwealth departments and agencies; A major constitutional reform took place in France in monitoring, investigating and reporting on compliance July 2008 aimed at modernizing the institutions of the with the Freedom of Information Act 1982; assisting Fifth Republic. One of the main goals of the reform was departments and agencies to publish information ‘to confer a new right to the citizen’ even before purging
CIPL Newsletter December | 2011 5 the constitutional order of unconstitutional statutes. But Friday Lunchtime Seminar it also had the ambitious, somehow ambiguous goal, of reintroducing the prevalence of the constitutional 6 May 2011 norm by making it a legal basis for claim in court. The Constitution, and the rights and freedoms it refers to, The Battle over Interpretive Power: States and are now part of the French litigation landscape. This Tribunals in the Investment Treaty System has caused several problems at both the adoption Ms Anthea Roberts, Lecturer in Law, London and implementation stages, especially when it comes School of Economics, Visiting Fellow, ANU College of to the operation of other established principles and Law mechanisms at the domestic and European levels. This seminar looked at the new constitutional review The investment treaty in the complex context of French and European law. system is currently An assessment of the new procedure was also made witnessing a battle through a comparison with the Australian constitutional between states and context. tribunals about the appropriate balance of power between Public Lecture them when it comes to interpreting investment 14 April 2011 treaties. States entering Universal Jurisdiction and the Suppression of into investment treaties Modern-day Piracy establish dual roles for Anthea Roberts themselves as treaty His Excellency Kriangsak Kittichaisaree parties (with an interest Thai Ambassador to Australia in interpretation) and actual or potential respondents Ambassador Kriangsak Kittichaisaree in investor-state disputes (with an interest in avoiding is Thailand’s Ambassador liability). By viewing states primarily as respondents Extraordinary and Plenipotentiary to rather than also as treaty parties, investment tribunals the Commonwealth of Australia, and, often overlook or undervalue the relevance of the concurrently, Papua New Guinea, Fiji, treaty parties’ subsequent agreements and practice the Solomon Islands, and Vanuatu. to the interpretation of investment treaties. Drawing on From November 2004–06, he was international relations theories, public international law Ambassador attached to the Ministry of Foreign Affairs interpretive tools and comparisons with human rights of Thailand responsible for international legal issues and law, this talk examined how states can reclaim their counter-international terrorism. While in that position, interpretive role in the investment treaty field and what he served as Coordinator of the International Legal limitations should be imposed on such a role. Cooperation against Terrorism stream of the Legal Issues Working Group of the Bali Regional Ministerial Friday Lunchtime Seminar Meeting on Counter-Terrorism, in response to the Bali Bombing of 12 October 2002 and subsequent terrorist 20 May 2011 activities in the Asia-Pacific region and beyond. From March 2006–07, he was Director-General of the Judicial Review in Australia: the Administrative Review Department of International Organisations, Ministry of Council’s Inquiry Foreign Affairs of Thailand. He was elected Chairman Roger Wilkins AO, Secretary, Attorney General’s of the Group of 77 of the Whole of the 9th Session of Department and member of the Administrative the Preparatory Commission for the International Sea- Review Council Bed Authority and for the International Tribunal for the Law of the Sea. The Administrative Review Council (ARC) is conducting an inquiry into the operation of judicial review across In this presentation the Ambassador gave his thoughts the federal administrative law system. The inquiry is on Universal Jurisdiction and the Suppresion of being conducted as part of the Council’s statutory Modern-day Piracy. responsibility to keep the administrative law system under review. The Council intends to report to the Attorney-General by the end of 2011. This lunch time seminar provided a great opportunity for the ARC to
6 CIPL Newsletter December | 2011 promote public discussion about issues raised in Nazi Hunter. His research in the 1980s led to the the Consultation Paper Judicial Review in Australia, discovery of hundreds of Nazi war criminals who fled released by the Council for comments. Europe to the United States, South America, Australia, Canada, Great Britain and elsewhere. This paper drew Roundtable Discussion from his latest book Operation Last Chance: One Man’s Quest to Bring Nazi Criminals to Justice, Zuroff which 24 May 2011 details the many cases he has worked on and the methodology he uses to bring alleged Nazi war criminals Human Rights Protections - What does Australia and their associates to justice, particularly focusing on Need the challenges faced with many key witnesses long Navanethem (Navi) Pillay, UN High Commissioner since having died. for Human Rights; Dr Helen Watchirs, ACT Human Rights & Discrimination Commissioner and Professor Annual Kirby Lecture on International Law Tom Campbell, Centre for Applied Philosophy and Public Ethics, ANU 23 June 2011 In 2008 the UN Secretary-General appointed Ms The Laws of WAR: Under Siege or Gaining Ground? Pillay of South Africa as the High Commissioner for The Hon Louise Arbour CC, GOQ, President & CEO Human Rights. Before this Ms Pillay was a judge on International Crisis Group, Brussels, Belgium the International Criminal Court, The Hague where she served for five years. From 1995–2003 she was a judge and for the last four years, President of the International Criminal Tribunal for Rwanda where she played a critical role in the Court’s groundbreaking jurisprudence on rape as genocide, as well as on issues of freedom of speech and hate propaganda. She was the first woman to start a law practice in her home province of Natal. She also acted as a defence attorney for anti-apartheid activists, exposing torture, and helping establish key rights for prisoners on Robben Island. After apartheid (1995), Ms Pillay was appointed a judge on the South African High Court. In this round-table Ms Pillay, Dr Helen Watchirs and Professor Tom Campbell engaged in some robust discussion regarding Australia’s need (L-R) Hon Louise Arbour, Hon Gareth Evans, Hon Justice Susan Crennan AC, for Human Rights Protection. and Prof. Rubenstein Public Lecture Louise Arbour has served as President and CEO of the International Crisis Group since July 2009. Previously 15 June 2011 she acted as United Nations High Commissioner for Human Rights from 2004 to 2008. The evening began Bringing Nazi Criminals to Justice: The Domestic and with a video presentation by Michael Kirby who was International Law Parameters unable to be present, and then the Vice Chancellor Efraim Zuroff, Director of the Simon Wiesenthal Gareth Evans introduced Louise Arbour who gave an Centre Office excellent presentation on the laws of War. Efraim Zuroff is recognised as the world’s leading expert 19th Annual ANZSIL Conference on tracking and bringing to justice the last remaining 23-25 June 2011 Nazi war criminals. The Promise and Limits of International Law Following in the footsteps The 19th Annual Conference of the Australian and of the late legendary Simon New Zealand Society of International Law (ANZSIL) Wiesenthal, Zuroff has was held at University House, ANU on 23–25 June. earned the title of The Last Efraim Zuroff The conference, themed The Promise and Limits of
CIPL Newsletter December | 2011 7 Workshop
27-29 June 2011 Connecting International and Public Law Security Institutions and International and Public Law
ANZSIL Conference International Law, considered the limits and limitations of international law and their relation to the promises – institutional, symbolic and practical – that international law makes in a variety of political and doctrinal contexts.
Professor Andrew Byrnes, ANZSIL President, and Workshop participants Professor Kim Rubenstein, Director, Centre for International & Public Law, ANU College of Law, opened This was the fifth workshop in the CIPL series the conference. The keynote address was given by connection International law and Public law and Dr Professor Beth Simmons, Clarence Dillon Professor of Hitoshi Nasu assisted in the running of the workshop. International Relations, Harvard University and there Participants hailed from all around the world and the was a wonderful range of papers from many members nation, and all papers are currently being worked up of the CIPL broader community. for the fifth book in the CIPL series (see further at p 15). Public Seminar Public Event 28 June 2011 26 July 2011 Law Enforcement issues in Maritime Security Arms Trade Treaty Assistant Professor Chie Kojima & Commander Hosted by the ANU Centre for European Studies, Ian Campbell CIPL and the ACT Red Cross International Maritime law enforcement remains an evolving legal Humanitarian Law Committee field. As new (or renewed) challenges emerge, such From 11–14 July 2011, the international community as maritime terrorism, piracy, and proliferation of met in New York to discuss how to regulate the global weapons of mass destruction related materials by arms market to prevent weapons reaching the hands of sea, and continuing challenges escalate (people and criminals, insurgents, human rights abusers and those drug smuggling by sea), maritime law enforcement has violating international humanitarian law. The ultimate become ever more complex and dynamic. aim was to have in place by 2012 a strong arms trade This seminar examined this complexity. Focussing treaty to control the international trade of conventional upon one of the mainstays of maritime law enforcement firearms. — fisheries — the speakers approached the topic from The speakers included: Matthew Zagor, Red Cross two different perspectives — international and domestic International Humanitarian Law Committee ACT; legal responses, examining a variety of legal issues Dr Stephanie Koorey, Adjunct Research Associate, arising from those responses including the challenges Monash University; Jesse Clarke, Legal Adviser, UK which non-state actors have presented for regulating Foreign & Commonwealth Office; Netta Goussac, Office states. of International Law, Attorney-General’s Department and Kelisiana Thynne, Legal Advisor, International Committee of the Red Cross.
8 CIPL Newsletter December | 2011 Friday Lunchtime Seminar
5 August 2011 Prosecuting Drug Cheats in the Court of Arbitration for Sport: Insight into the International anti-doping framework Ms Catherine Ordway, Sport & Anti-Doping Consultant
(L-R) Lauren Honcope, Kim Rubenstein, Simon Matthews & Nick Westerink Nick Westerink oversees ATO Legal Services – the largest litigators in the Australian court system. His career with the ATO spans 29 years and predominantly within the legal environment. His current role as Assistant Commissioner, Legal Services is a practice management role with responsibility for budgeting, recruitment, planning, processes, procedures and systems. Nick is admitted to practice as a solicitor in Catherine Ordway NSW and Queensland. Simon and Nick presented an informative account of the challenges and pitfalls of Catherine has more than 10 years experience in anti- their work in the ATO from a public law perspective. doping internationally, including working at the Senior Executive Service level with the Australian Sports Anti- Public Seminar Doping Authority. As one of the legal representatives to the Australian Olympic Committee in the lead up to the 23 August 2011 Sydney Olympic Games, Catherine established strong relationships with National Sports Organisations and Reflections on the ECCC International Federations. This work involved drafting the Presented by the Australian Red Cross, CIPL & anti-doping policies for the 32 Olympic sports, as well Mallesons Stephen Jaques. Panelists: Professor as conducting more than 30 anti-doping prosecutions Gerry Simpson, Ms Margaret Adamson and she drew upon this work for her presentation. Between 1975 and 1979 approximately 1.7 million people lost their lives in the Cambodian genocide under Friday Lunchtime Seminar Pol Pot’s Khmer Rouge regime. The enormous number of deaths, amounting to 21 per cent of the country’s 19 August 2011 population, was a tragedy that devastated the country. In Running a Large Commonwealth Legal Services 2002, the United Nations and the Royal Government of Team: the Challenges and the pitfalls Cambodia came to an agreement to establish a special court called the ‘Extraordinary Chambers in the Courts , ATO General Counsel Law Mr Simon Matthews of Cambodia for the Prosecution of Crimes Committed & Practice and , Assistant Mr Nick Westerink during the Khmer Rouge regime 1975–79 (the ECCC). Commissioner Legal Service, ATO The ECCC is sometimes referred to as a ‘hybrid Simon Matthews has been the ATO General Counsel court’, i.e. one with both domestic and international since October 2010. He joined the ATO as an ANU BA/ elements. A special chamber has been established in LLB graduate in 1990. Most of his career has been in the existing court structure of the Cambodian Courts policy and legislation areas of the office, but he also where Cambodian and International judges sit together spent several years as a senior tax counsel in law and jointly preside over hearings. A major innovation of interpretation. In his current role, Simon and his team the ECCC is the enhanced role it gives victims – they has corporate responsibility for safe guarding the ATO’s can be recognised as parties to the proceedings. This non-tax legal risks.
CIPL Newsletter December | 2011 9 seminar discussed the ‘extraordinary’ nature of the 16th Annual Public Law Weekend court, both in its structure and victim participation. It commented on the progress of the cases to-date, how 9–10 September 2011 it has been received in Cambodia and its relationship to the broader project of international criminal justice. 10 years on from September 11: The impact on public law Public Seminar
31 August 2011 State Control over Private Military & Security Companies in Armed Conflict Dr Hannah Tonkin, Lawyer, United Nations The proliferation of private military and security companies (PMSCs) in armed conflict raises concerns (L-R) Domonique Dalla-Pozza, George Williams AO, Michael L’Estrange AO, and about state control over military/security activities. Prof Kim Rubenstein Hannah Tonkin critically analysed the key international The 2011 Public law weekend drew together some obligations on states to control PMSCs in armed wonderful papers upon the theme, including an conflict and identified the circumstances in which excellent address by Professor Michael L’Estrange PMSC misconduct may lead to state responsibility. from the National Security College at the ANU. On the Saturday attention was paid to updates, including CIPL Friday Lunchtime Seminar the panel on Momsilovic which had to present on the decision that had only been handed down 2 days 2 September 2011 earlier! Do we need an International Law on the Self- determination of Peoples? Fourteenth Geoffrey Sawer Lecture Mr Nicholas Duff, Australian Institute of Aboriginal and Torres Strait Islander Studies 9 September 2011 Anti-Terrorism, the Judiciary and the Rule of Law The Right Hon Madam Chief Justice Beverley McLachlin, PC, Canadian Chief Justice The Right Honourable Beverley McLachlin was appointed Chief Justice of Canada on 7 January 2000. She had been appointed a judge of the Supreme Court of Canada in 1989. Prior to that, she was Nicholas Duff Chief Justice of the British Columbia Supreme Court from This paper made a critical assessment of the The Right Hon B. McLachlin 1988–89, a judge of the British international law of self-determination in light of the Columbia Court of Appeal from constructed nature of peoples. The author drew on 1985–88, a judge of the British Columbia Supreme his recent research into the political philosophy of self- Court from 1981–85, and a judge of the Vancouver determination, and argued that all of the important County Court from April to September 1981. The Chief moral values caught up in the conventional ideal of Justice’s paper drew upon the theme of the conference self-determination could be adequately protected and developed an interesting comparative framework without an institutionalised legal right to national self- for thinking through the application of the Rule of Law determination. The author argued further that just in the context of Anti-Terrorism. and peaceful outcomes could be more successfully promoted in the absence of such a legal right.
10 CIPL Newsletter December | 2011 Friday Lunchtime Seminar This presentation told the story of the constitutional debate 16 September 2011 in 2010 as it was reported in state-owned newspapers. Constitutional Change and Australian Republicanism This analysis took an up-close Glenn Patmore, University of Melbourne look at particular moment in the constitutional dialogue, Under section 128 of the Australian Constitution federal and aimed to make sense parliamentarians have the responsibility for initiating of contemporary ideas and constitutional amendments. Yet there is an absence of Huong Nguyen arguments. It relied on John attention in the constitutional literature to the motivations Gillespie’s discussion of the rule of law in Vietnam as of leaders to initiate constitutional amendments. the analytical framework, and on Mark Sidel’s work on This paper examined the motivation of politicians to the constitutional amendment process in 2001, for a propose and support a constitutional amendment to better understanding of the scope of the debate. The introduce an Australian republic. Three motivations analysis revealed three general characteristics of elite were examined: the desire to succeed in passing a constitutional discourse in the 2010 debate. First, the referendum and for re-election, the desire to promote a discourse blended elements of both the conventional new national identity, and timeliness. The paper sought rhetoric and liberal interpretations of the concept of to understand such motivations by an in-depth analysis a ‘law-based state’. Concretely, a ‘law-based state’ of interviews with political leaders involved with the 1999 would necessarily require the adoption of fundamental republican referendum and subsequent proposals. principles such as constitutional supremacy, a democratic popular mandate, limited state powers, and Friday Lunchtime Seminar the protection of individual rights. Second, the intellectual environment of the elite in 2010, as reflected in popular 7 October 2011 media, seemed to be quite supportive of separation of state powers, with three clearly defined state organs— An Australian’s Experience in Vienna: Drafting the legislative, executive, judiciary—to balance and check UNODC model law on smuggling of migrants one another. Third, the myth of the 1946 Constitution Fiona David, ANU College of Law was revived as a significant talking point in order to In 2009, Fiona David, a graduate of the ANU Law justify the need for fundamental change in the structure School, was invited by the United Nations Office of of state powers. A close analysis of these characteristics Drugs and Crime (UNODC) to draft a Model Law on has revealed the centrist and pragmatic nature of the the Smuggling of Migrants. The purpose of the Model constitutional discourse. Reformers within the country Law is to provide guidance to any State wanting to are clearly attempting to cope with the constraints of implement the ‘Protocol against the Smuggling of political boundaries while trying to push forward reform. Migrants by Land, Sea and Air’, which supplements the ‘United Nations Convention against Transnational Public Seminar Organized Crime’. The Model Law, which was released in December 2010, is being translated into all five 10 November 2011 UN languages. In this presentation, Fiona discussed The UN Security Council, NATO, the European Union, her experience of drafting the Model Law, including the ICC and Libya observations on the process used to develop the Model Law and some of the contentious issues that arose in Professor Władysław Czaplinski, Institute of Legal the drafting process. Studies, Polish Academy of Sciences This presentation discussed the international law Friday Lunchtime Seminar aspects of the situation in Libya. The introduction covered the issues of democratic forms of government 21 October 2011 under international law, and of state responsibility, including the right of third subjects (states and Pursuing Constitutional Dialogue within Socialist international organisations) to bring international claims. Vietnam: The 2010 Debate This was followed by a discussion of UNSC resolutions Huong Nguyen, Maurer School of Law, Indiana 1970 and 1973, dealing with the intervention in Libya. It University also looked at the role of NATO and the European Union
CIPL Newsletter December | 2011 11 in the Libyan conflict, in particular from the point of Public Seminar view of the role of regional organisations in maintaining and restoring international peace and security beyond 13 December 2011 the Member States. It analysed how the international recognition of the Transitional Council will be dealt The Role of the ICJ in the Formulation and with (including problems connected with the nature Development of Fundamental Norms of International of that body). Finally, the analysis covered aspects of Law international criminal law (prosecution of Gaddafi and Professor Vera Gowlland-Debbas, Graduate members of his staff), including the complicated and Institute of International and Development Studies, unclear relations between the UNSC and ICC. Geneva Public Seminar
29 November 2011 Plaintiff M61/2010E v Commonwealth and Momcilovic v The Queen Daniel Stewart and James Stellios Presented by ACLA and the Australian National University. Daniel Stewart considered the High Court’s decision in Plaintiff M61 which raised a number of important questions about the outsourcing of government decision making. James Stellios considered the High Court’s decision in Momcilovic v The Queen which dealt with the impact of Ch III of the Constitution on key features of the dialogue model of human rights protection in the 2006 Victorian Charter of Human Rights and Responsibilities Act, further to his presentation on this at the Public law weekend. Public Seminar
12 December 2011 Current issues at the desk of the Danish legal advisor Ambassador Thomas Winkler Head of the Legal Service, Ministry of Foreign Affairs, Copenhagen, Denmark
12 CIPL Newsletter December | 2011 FUTURE 2012 EVENTS CIPL Workshop Friday Lunchtime Seminar Series 6-8 August, 2012 En/gendering governance: from the local to the global In 2012 we will repeat our successful Friday seminar This final workshop of the CIPL series bringing pub- series on the first and third Fridays of March, April, May, lic lawyers together with international lawyers aims to August, September, and October. Details will be sent bring together scholars interested in gender and law’s as they are finalised. Any scholars/government lawyers structuring of politics and governing, including the role interested in presenting a seminar in 2012 should email that gender plays in the themes of representation and [email protected] participation in both ‘government’ and ‘governance’. 2012 Annual ANZSIL Conference Issues to be addressed include, but are not limited to: Where, how and/or why have constitutional principles 5–7 July 2012 evolved, if at all, to take into account gender equity and gendered issues in countries around the world? Wellington, New Zealand How have favoured features of constitutional design International Law in the Next Two Decades: Form or influenced or constrained gender equity outcomes in countries around the world? Substance? How diverse are the conceptions of gender equity, The 20th Annual Conference of the Australian and New gender equality, parity etc? Zealand Society of International Law (‘ANZSIL’) will take Could the political architecture of the state better place from Thursday, 5 July 2012 to Saturday, 7 July reflect and accommodate the distinct concerns of 2012 hosted by the New Zealand Centre for Public women and men and their respective varied needs? Law, Faculty of Law, Victoria University of Wellington. Or is the state necessarily gendered? The Conference Organising Committee now invites Where, how and/or why have international institutions proposals for papers to be presented at the Conference. evolved, if at all, to take into account gender equity and gendered issues? Call for Papers – Deadline 14 February 2012 How well have institutions of global governance http://law.anu.edu.au/cipl/workshops/aug2012/Call_ including the UN Charter bodies and treaty organs such as the ICJ, the ICC, or Committee system, For_Papers.pdf regional systems such as the EU, and its courts and tribunals and economic bodies such as the World 2012 PostGraduate Workshop Bank and IMF, addressed gender as a distinct issue? How could institutional policies and practices, at the 4 July 2012 local and/or international level, be reshaped to ensure that the issues that most effect women’s lives are Wellington, New Zealand dealt with? The ANZSIL International Law Postgraduate Research Are local frames of analysis intrinsically more Students Workshop will be held on Wednesday, 4 responsive or resistant to gender than global frames of analysis? July 2012, 9.30am–5.00pm. The Workshop will take What are the uses and misuses of comparative place at the Victoria University, Wellington. The aims approaches to gender? of the Workshop are to provide postgraduate degree To what extent has new governance theory research students with an opportunity to present their incorporated gendered perspectives? research to their peers, to discuss their experiences How have concepts such as accountability, of postgraduate research and to make academic and participation, transparency and rights, which are professional connections. Call for Papers – Deadline: constructed as fundamental to both public law and 24 February 2012 international law, been helpful or constraining of gender equity? Have citizenship claims empowered or constrained gender equity from the local to the global? Abstracts welcome for a paper addressing any of the
CIPL Newsletter December | 2011 13 issues raised by the topic of the workshop by Friday 2nd March 2012. Participants need to be involved for the three days of the workshop. Extended 2012 Public law weekend
Thursday 20th September (international law focus), Friday 21st September (public law focus) and Saturday 22nd September (updates in public and international law). Law’s Challenge to Democracy: Democracy’s Challenge to Law In 2012 we are planning an extended Public Law week- end around the theme Law’s Challenge to Democracy. The Friday 21st September will replicate earlier public law weekend formats, concentrating upon the domes- tic, public law aspects to the theme, with the 2012 Sawer lecture to be presented at the end of the Friday 21st September, and the Saturday concentrating on updates in important judicial decisions and current leg- islative or public policy initiatives. The PLUS, is an additional day on Thursday 20th September looking at the topic from an International law perspective culminating with the Kirby lecture in International law at the end of the day on Thursday 20th September, and a dinner to follow the Kirby lecture. This will be a great opportunity, to either register for the traditional Public law weekend, or also add in the Thursday 20th day - or just come for the Thursday! With two important public lectures thrown in – and a dinner on the evening of Thursday 20th September I hope you agree it will be a terrific opportunity to mix with colleagues with common academic and practical interests, and hear some stimulating papers! Please note those dates now, and academics and practitioners who are interesting in submitting paper proposals, please do so by Friday March 16th 2012 to [email protected] Annual Kirby Lecture on International Law
Thursday 20 September 15th Geoffrey Sawer Lecture
Friday 21 September
14 CIPL Newsletter December | 2011 AUSTRALIAN Table of Statutes International Instruments YEAR BOOK OF The Australian Yearbook of International Law Volume 30 will be published in 2012– it will include papers INTERNATIONAL LAW presented at an Australian Year Book of International Law Forum’Tampa and 9/11—Ten Years on: Reflections Volume 29 Australian Yearbook of International Law on Developments in International Law’. has been published. This was presented by the Australian Centre for Military EDITORS Law and Justice with the Centre for International and Donald R Rothwell and Kim Rubenstein Public Law ANU College of Law. ARTICLES Kirby Lecture in International Law (2009) Swimming to Cambodia: Justice and ritual in human rights after conflict Hilary Charlesworth Comment: United Nations Special Procedures: A Response to Professor Hilary Charlesworth The Hon Michael Kirby AC CMG Burden of Proof in International Courts and Tribunals Caroline E Foster The Legal Value of Silence as State Conduct in the jurisprudence of International Tribunals Sophia Kopela Limiting Good Faith: ‘Bootstrapping’ asylum seekers and exclusion from refugee protection Penelope Mathew Defining the Rule of Law for Military Operations Angeline Lewis
BOOK REVIEWS — edited by Wendy Lacey Cases before Australian Courts and Tribunals Involving Questions of Public International Law 2008 Australian Cases before International Courts and Tribunals Involving Questions of Public International Law 2008 Australian Legislation Concerning Matters of International Law 2008 Australian Practice in International Law 2008 Annual Survey of Recent Developments in Australian Private International Law, 2008 Australian Treaty Action 2008 Table of Cases
CIPL Newsletter December | 2011 15 CAMBRIDGE UNIVERSITY PRESS (CUP) SERIES Environmental Discourses in Public and International Law
This CUP series emanates In the second workshop in May 2008 CIPL joined with from the workshops initiated Professor Thomas Pogge and CAPPE (the Centre by Professor Rubenstein’s for Applied Philosophy and Public Ethics) at ANU, arrival at CIPL. As she to examine global health and access to essential explained, the Centre for medicines. The papers from this workshop are in the International and Public second book in the series, edited by Kim Rubenstein, Law (CIPL) was established Thomas Pogge and Matthew Rimmer, Incentives by ANU in 1990 under for Global Public Health: Patent Law and Access to the formal title “Centre for Essential Medicines (Cambridge University Press, Advanced Legal Studies 2010). in International and Public Law”. Its mission is to The third workshop in August 2009 saw CIPL join with advance international and the Australian Centre for Environmental Law (ACEL) public law, focussing on from the ANU College of Law to examine the topic of the relationship between governments, and between Environmental discourses in international and public governments and their citizens, from both a domestic law. The book from this workshop is now in press, and international perspective. jointly edited by Kim Rubenstein and Brad Jessup and is due out in February as set out in the image. Setting up a Centre linking public law and international law proved a stroke of prescience. As the first The fourth workshop held in July 2010 explored the review report of CIPL stated, “the most remarkable theme Allegiance and Identity in a Globalised World. developments of the past decade or so have been the The book from that workshop is currently in the “internationalisation” and “globalisation” of different editorial process, and is being jointly edited by Fiona dimensions of Australian society, the Australian Jenkins, Mark Nolan and Kim Rubenstein. economy and the Australian legal system.” The review affirmed the Centre had sought to respond to these The fifth workshop held in July 2011 addressed inexorable trends by adopting a “genuinely integrated Security Institutions and International and Public Law approach to its work in various fields of both public and is being jointly edited by Hitoshi Nasu and Kim and international law.” Rubenstein.
CIPL initiated a series of workshops bringing public The final workshop in the series En/gendering and international lawyers and public and international governance: from the local to the global will be held in policy makers together for interdisciplinary discussion August 2012 and a call for abstracts is set out earlier on selected topics and themes, extending CIPL’s in this newsletter. unique project emphasising the links between international and public law. A book series from the Brad Jessup, Kim Rubenstein workshops, jointly edited by Professor Kim Rubenstein Hardback (ISBN-13: 9781107019423) and Professor Thomas Pogge with the series title Subject: Public international law Connecting International and Public Law is an outcome Series Connecting International Law with Public Law of this initiative. (No. 3) Not yet published - available from February 2012 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 in the first book edited by Kim Rubenstein and Jeremy Farrall, Sanctions Accountability and Governance in a Globalised World (Cambridge University Press, 2009).
16 CIPL Newsletter December | 2011 demonstrate the rewards of connecting regulatory RegNet REPORT study with public and international law.
Dr Katie Young attended the RegNet@10 conference Carol Heimer, a sociologist from Northwestern in March on behalf of CIPL and has prepared this University, drew insights from the increasing legalization report for our associates who were unable to be of the practice of medicine. Using data from HIV/AIDS clinics in the United States, Uganda, Thailand and South there. Africa, she suggested that an onslaught of procedural rules, produced in faraway places through the practice of global governance, was changing the practice of medicine in places with diverse populations and hugely different disease profiles and resource burdens. She identified certain local responses to these global rules. For instance, local clinicians practice ‘strategic ignorance’, insequestering knowledge and therefore disciplining the reach of rules. Identifying the implications of this practice may help us to move more subtly beyond the legal concepts of transplants, borrowing, and reception, ubiquitous to the study of international and comparative law. Terence C. Halliday, Co-Director of the Center on (L-R) Kate Young and Prof Veronica Taylor Law and Globalization, American Bar Foundation and University of Illinois College of Law, presented a November 2011 micropolitics of global lawmaking. For four years, he What regulatory concepts improve the study of public observed the input of country and institution delegates and international law? The question is an important at UNCITRAL, in a working group which was charged one, as both fields of public law and international law with designing global norms of bankruptcy. He identified grow in complexity and ambition. The close proximity the varied influence held by individual delegates, of the Regulatory Institutions Network (RegNet) and by tracking their speaking input and attendance at CIPL allows us to broach some answers. negotiation sessions. RegNet, of course, exists in close spatial proximity to His conclusions – that the delegates of the United CIPL – it is housed 200 metres away from the College States were among the most regular attendees, and of Law in the Coombs Extension on Fellows Road.Many that delegates from developing countries were among members of CIPL have formal affiliations with RegNet. the least – introduced a new layer to our understanding Former CIPL Director Hilary Charlesworth leads the of state influence in global lawmaking. He also identified Centre for International Governance and Justice within an alternative mobilisation among African States, led RegNet. Other CIPL members affiliated with RegNet by Senegal, in the drafting of the Carriage of the Sea include Jeremy Farrall, RegNet PhD students Amanda Convention. In identifying the points of leverage within Alexander, Jo Ford, and Adérito Soares and recently lawmaking contexts, Halliday’s observations move graduated RegNet PhD scholars Laura Grenfell and beyond the realist and constructivist paradigms for Gabrielle Simm. understanding international law. His description of the The spatial closeness is combined with a closeness of recursivity of law, and a developing equilibrium of global vision. CIPL members no doubt share in the general lawmaking and national lawmaking, is a rich lens to aim expressed by Veronica Taylor, Director of RegNet – view projects crossing domestic and international law. to change the world. And there is much to be gained by Many readers of this newsletter will be familiar with drawing further connections, between what I would call the work of local RegNet scholars, and much of their the broad socio-legal multi-disciplinarity of RegNet, and pathbreaking work was on display. Valerie Braithwaite, the “law-and” cross-disciplinarity of CIPL. for example, spoke about her findings of respect and In March this year, RegNet celebrated its first decade disrespect between regulators and regulatees. Drawing with the RegNet@ 10 conference, organised by Hilary on her study of the Australian Tax Office, and on varied Charlesworth and attracting regulatory scholars from all doctoral and other RegNet studies on taxed tobacco over the world. The ideas shared during that conference farmers and on recipients of child protection services in Australia, she identified the spirals of disrespect that
CIPL Newsletter December | 2011 17 regulation can invite. She suggested that notions of The full conference program is available at: http://regnet.anu. procedural justice, which were useful in decades past edu.au/program/registration/REG@10FINALPROGRAM. in identifying minimums of procedural protection, had pdf The program for ongoing RegNet seminars, held on become ritualised. She called for a renewal of attention Tuesdays at 12.30 is available at: http://regnet.anu.edu. to the substantive goals of procedural justice, lest au/program/currentevents/ regulation loses the trust and confidence that is vital to its success. Katie Young Veronica Taylor, in her remarks, described current Senior Lecturer, ANU College of Law, projects of rule of law promotion in Asia. She noted and a Visiting Fellow, RegNet the diversity in projects promoting the rule of law, which has encompassed the support of environmental governance in China, independent regulators in Indonesia, court buildings in Mongolia, and judicial independence in Vietnam. She also reflected critically on the projects not reached by the visions of rule of law donors and technical assistance, and the challenges of such rapid institutional reform. Reflecting more positively on RegNet’s potential, she noted the growing investment in the young intellectual leaders of the region, and a continued mobilization of new ideas in favour of the vulnerable in an increasingly complex legal environment. John Braithwaite described his recent study of the peacekeeping process in Timor-Leste, which he has completed with CIPL affiliates Hilary Charlesworth and Adérito Soares. He suggested that the determined efforts of the independence movement, the skilful leadership of José Ramos-Horta and Xanana Gusmao, and the connection with Indonesian democracy movements, built a networked governance of (temporary) liberation. The weapons of the weak, he suggested, can be powerful. Realist theories, and their adoption by Australian leaders such as Gough Whitlam and Gareth Evans, are inadequate tools for describing this strength. The alternative idea of principled engagement helps to describe a better grounding for international relations. Alongside this operation, John noted the value that comes from a principled engagement between the disciplines of the university. He described the recombination of disciplinary structures that had taken place in the biological sciences, where zoology and botany recombined around more significant categories, such as molecular study, and the like. Not so for the social sciences. He suggested disciplines like economics, psychology – and here we might add law – would create the greatest intellectual breakthroughs if they were structured around ideas, rather than around the boundaries forged in earlier periods of intellectual study. This interdisciplinarity has been the intent behind RegNet, and we are lucky to have this world leader in socio-legal studies – now ten years old – in the midst of CIPL’s own work. May the connections continue.
18 CIPL Newsletter December | 2011 Under Kim’s supervision, I wrote a paper addressing CIPL INTERNSHIPS the citizenship issues surrounding deportation of British subjects from Australia. This was done from a legal- Anna Aidman historical perspective using four High Court decisions regarding deportation. The legal analysis addressed Nearing conclusion of my the changing interpretation of the alien’s power, the degree, and approaching changing statutory frameworks for deportation of “non- my Honours semester, I citizens” under the Immigration Restriction Act, the was drawn to an internship Nationality Act and the Migration Act. These changes with CIPL in the hopes of were situated within their broader historical context, expanding my research skills through considering the publicly recorded response and getting a taste for the to these cases as well as the government policies mysterious academic realm. informing the original decisions of the relevant Minister. I was excited to be given an This was an incredibly challenging and rewarding opportunity to engage in opportunity. I was very fortunate to have the enthusiastic independent research and to support of Kim and the experience has prompted me contribute to a larger project to consider further research in the field of legal history. I involving several academics was also very grateful for Wendy Mohring’s assistance who are experts in their field. with the other tasks I carried out for CIPL. My internship involved conducting research for Professor Kim Rubenstein in the area of inter- governmental relations and the structure and function of the Council of Australian Governments. In particular, I assisted Professor Rubenstein with her preparation for a Federalism symposium. In addition to this research, I was also able to complete – under Professor Rubenstein’s supervision – an internship research paper combining my personal passion for anti-discrimination law with a newly developed interest in Federalism (acquired through an exposure to the area during my time with CIPL). Developing my paper, exploring the interaction between industrial relations and sex-discrimination law in regulating women’s work, provided a valuable experience in academic writing as well as enabling me to delve deeper into a (fascinating) developing area of law. I feel indebted to Professor Rubenstein and to CIPL for the opportunity to grow as a researcher and as a writer. The experience has certainly empowered me as I come to write my Thesis! Alice Rumble I had the pleasure of undertaking an internship with CIPL in the first semester of 2011. At the start of the semester, I assisted Kim Rubenstein in drafting a submission to the Inquiry into Multiculturalism. This submission made recommendations about how to include normative understandings of citizenship in ‘multicultural’ policies.
CIPL Newsletter December | 2011 19 A SELECTION OF SARAH HEATHCOTE ‘Article 42: Validity and Continuation in Force of PUBLICATIONS BY Treaties’, in O Corten & P Klein, (eds) 2011, The Vienna Conventions on the Law of Treaties: A Commentary, CENTRE MEMBERS 2nd edn, Oxford University Press, Oxford, 1015-1030, (second author; Marcelo G. Kohen, principal author) November 2010–November 2011 ‘Article 45: Loss of a Right to Invoke a Ground DON ANTON for Invalidity, Terminating or Withdrawing from or Suspending the Operation of a Treaty’, in O Corten & P Anton, D & Shelton, D 2011, Klein, (eds) 2011, The Vienna Conventions on the Law Environmental Protection and Human of Treaties: A Commentary, 2nd edn, Oxford University Rights, Cambridge University Press Press, Oxford, 1064-1089, (second author; Marcelo G. Kohen, principal author) Anton, D 2011, ‘Protecting Whales by Hue and Cry: Is There A Role for HITOSHI NASU Non-State Actors in the Enforcement ‘The UN Security Council’s Responsibility and the of International Law?’, Journal of “Responsibility to Protect”’, 15 Max Planck Yearbook International Wildlife Law & Policy, 14 (2), 137-145. of United Nations Law, 2011, 377-418
Anton, D, Makgill, R & Payne, C 2011, ‘Seabed Mining: ‘The Expanded Conception of Security and Advisory Opinion on Responsibility and Liability’, International Law: Challenges to the UN Collective Environmental Policy and Law, 41, (2), 60. Security System’ Amsterdam Law Forum, 2011, 3 (3), 15-33 SUE HARRIS-RIMMER ‘Raising women up: analysing Australian advocacy for ‘Operationalizing the Responsibility to Protect in the women’s rights under international and domestic law’ Context of Civilian Protection by UN Peacekeepers’ in M Thornton & T Luker (eds) 2010, Sex Discrimination International Peacekeeping, 2011, 18 (4), 364-378 in Uncertain Times, ANU E-press. ‘Introduction: Regional Integration and Human Rights ‘Passport to Punishment: Administrative Measures of Monitoring Institutions’ in Hitoshi Nasu and Ben Saul Control’ in N McGarrity, G Williams & A Lynch (eds), (eds) 2011, Human Rights in the Asia-Pacific Region: 2010, Counter-Terrorism and Beyond: The Culture of Towards Institution Building, London: Routledge, 1-13 Law and Justice After 9/11, Routledge Research in Terrorism and the Law Series. SIMON RICE Adam McBeth, Justine Nolan and Simon Rice, The ‘Assessing the relevance of the international legal International Law of Human Rights, Oxford University framework in claiming economic and social rights’, in Press, 2011 A Neville (ed.) 2010, Human Rights and Social Policy, Edward Elgar. Simon Rice, ‘Staring Down The ITAR: Reconciling Discrimination Exemptions And Human Rights Law’, ‘Women Cut in Half: Refugee Women and the (2011) 10(2) Canberra Law Review 97 Commission for Reception, Truth-Seeking and Reconciliation’, Timor-Leste Refugee Survey Quarterly, Simon Rice, ‘Access to a Lawyer in Rural Australia: 2010, 29 (2), 85-103. Thoughts on the Evidence We Need’, (2011) 16(1) Deakin Law Review 13 ‘Introduction and Sexing the Subject of Transitional Justice’, Australian Journal Special Issue: Feminist Bruce Arnold, Patricia Easteal, Simon Easteal and Internationalisms Feminist Law, 2010, 36 (2). Simon Rice, ‘It just doesn’t ADD Up: ADHD/ADD, the Workplace and Discrimination’, (2010) 34(2) Melbourne ‘The dangers of character tests under Australian University Law Review 359. migration laws’, Australian Journal of Administrative Law 2010, 17 (4), 229-244
20 CIPL Newsletter December | 2011 MATTHEW RIMMER ‘The International Legal Framework’ in Rachel Baird and Donald R. Rothwell (eds), Australian Coastal and Rimmer, M 2011, Intellectual Marine Law (Federation Press, Annandale (NSW): Property and Climate Change: 2011) 21-44 Inventing Clean Technologies, Edward Elgar, Cheltenham (UK) ‘Ports and Harbours’ in Rachel Baird and Donald R. and Northampton (Mass.): http:// Rothwell (eds), Australian Coastal and Marine Law www.e-elgar.co.uk/bookentry_ (Federation Press, Annandale (NSW): 2011) 178-202 main.lasso?id=13601 “Environmental Integration and Coastal and Marine Refereed Articles Law” in Rachel Baird and Donald R. Rothwell (eds), ‘”Breakfast at Tiffany’s”: eBay Inc., Australian Coastal and Marine Law (Federation Press, Trademark Law, and Counterfeiting’, Journal of Law, Annandale (NSW): 2011) 348-372 Information, and Science (forthcoming) 2011
‘A Proposal for a Clean Technology Directive: KIM RUBENSTEIN European Patent Law and Climate Change’, A Journal Chapter with Niamh Lenagh Maguire, Citizenship and of Renewable Energy Law and Policy 2011, 3, 195-204. the Boundaries of the Constitution in The Research Rimmer, M, ‘Patenting Free Energy: The Black Handbook In Comparative Constitutional Law, Rosalind Light Litigation and The Hydrogen Economy’ 2011, Dixon, Tom Ginsburg (eds.), Edward Elgar, 2011 Journal of Intellectual Property Law and Practice 6 (http://papers.ssrn.com/sol3/papers.cfm?abstract_ (6), 374-380, Oxford: http://jiplp.oxfordjournals.org/ id=1855811) content/6/6/374.short?rss=1 and SSRN: http://papers. ssrn.com/sol3/papers.cfm?abstract_id=1787704 and ‘From Suffrage to Citizenship: A Republic of Equals’ BePress Selected Works: http://works.bepress.com/ 2011, Legal Date, 23 (3) 13-14. matthew_rimmer/92/ Hollie Kerwin and Kim Rubenstein “Reading the Life Rimmer, M 2011, ‘Owning Omega-3: Monsanto and Narrative of Valerie French, the First Woman to Sign the Invention of Meat’, Farm Policy Journal 8 (1), the Western Australian Bar Roll” in Fiona Davis, Nell 11-21. SSRN: http://papers.ssrn.com/sol3/papers. Musgrove and Judith Smart (eds), Founders, Firsts cfm?abstract_id=1787702 and BePress Selected and Feminists: Women Leaders in Twentieth-Century Works: http://works.bepress.com/matthew_ Australia. First published online in December 2011 rimmer/93/ by the Australian Women’s Archives Project at http:// www.womenaustralia.info/leaders/fff HEATHER ROBERTS ‘Mirror to the Man: Reflecting on Justice William JAMES STELLIOS Deane: A Private Man in Public Office’ 2011, Adelaide Articles Law Review, 32 (1). ‘Reconceiving the Separation of Judicial Power’, 2011,Public Law Review 113 DON ROTHWELL ‘Exploring the Purposes of Section 75(v) of the Donald R. Rothwell and Andrew Jackson, ‘Sovereignty’ Constitution’, 2011, UNSW Law Journal 70 in Marcus Haward and Tom Griffiths (eds), Australia and the Antarctic Treaty System: 50 years of influence ‘The Jury System in Australia’, 2011, Comparative Law (UNSW Press, Kensington, 2011) 48-67 Review, 44(4) 35 Rachel Baird and Donald R. Rothwell (eds), Australian Other publications Coastal and Marine Law (Federation Press, Annandale ‘Constitutional Limitations on State and (NSW): 2011) xxxvi + 379pp Commonwealth Parliaments’, 2011, 23(3) Legaldate 4 Donald R. Rothwell and Rachel Baird “Australia’s Coastal and Marine Environment” in Rachel Baird ERNEST WILLHEIM and Donald R. Rothwell (eds), Australian Coastal and Marine Law (Federation Press, Annandale (NSW): ‘A Federation in these Seas: An account of the 2011) 1-20 Acquisition by Australia of its External Territories’, 2010, 21 PLR 47.
CIPL Newsletter December | 2011 21 Amici Curiae and Access to Constitutional Justice in the High Court of Australia: (2010) 22.3 Bond LR126 PAPERS, Submissions PRESENTATIONS AND MATTHEW ZAGOR OTHER ACTIVITIES BY ‘I am the law! Perspectives of Legality and Illegality in the Israeli Army’ (2010) 43 Israel Law Review CENTRE MEMBERS
November 2010–November 2011 DON ANTON ‘Australia in secret whaling talks with Japan’, Jill Pengelley, Adelaide Advertiser, (5 Jan 2011 - http:// www.adelaidenow.com.au/australia-in-secret- whaling-talks/story-e6frea6u-1225982003509)
‘Australia Goes to Court to Stop Whaling’, Cathy Alexander & Vincent Morello, Shepparton News, (31 Jan 2011)
Anton’s Weekly Digest of International Law, (3 Feb 2011 - http://theantonweeklydigestofinternationallaw. com/,
‘The Federated State of Micronesia’s challenge to the expansion of a Czech power plant’, Radio New Zealand, (26 May 2011 - http://www.rnzi.com/pages/ news.php?op=read&id=60835, http://www.rnzi.com/ pages/news.php?op=read&id=60835)
The appellate amici brief organised by Don Anton in Chevron v. Donziger Yahoo! News and the PRNewswire (13 June 2011 - http://intlawroundtable. com/2011/06/10/chevron-v-donziger-amicus-brief-of- international-law-professors/)
Discussed possible international arbitral action by Philip Morris against Australia over cigarette labelling ABC News 24, Afternoon Live, (27 June 2011)
‘Might isn’t right, Labor tells big tobacco’ (The Australian, Courier Mail, Herald Sun, Daily Telegraph, Adelaide Now, News.com.au, Perth Now, (27 June 2011 -http://www.theaustralian.com.au/news/breaking- news/might-isnt-right-labor-tells-big-tobacco/story- fn3dxity-1226082990152)
Print and online media coverage of commentary by Don Anton on possible international arbitral action by Philip Morris against Australia over cigarette labelling (27-28 June 2011)
Anton’s Weekly Digest of International Law Vol. 2, No. 34, 1 September 2011
22 CIPL Newsletter December | 2011 ‘PM stands firm on ciggie plain packaging’, Ninemsn, KEVIN BOREHAM Yahoo! 7, The West Australian, Australiantimes.co.uk ‘The United States has been too slow on Egypt’ On (27 June 2011 - http://news.ninemsn.com.au/ Line Opinion, (2 Feb 2011 - http://www.onlineopinion. national/8265698/tobacco-giant-to-take-legal-action) com.au/view.asp?article=11558) Law Reform ‘Egypt, the US and Israel - US must do better’, On Line The Legal and Constitutional Affairs Legislation Opinion, (14 Feb 2011 - http://www.onlineopinion.com. Committee Report into the Human Rights au/view.asp?article=11613) (Parliamentary Scrutiny) Bill 2010 [Provisions] and Human Rights (Parliamentary Scrutiny) (Consequential ‘UN Security Council’s Libya resolution is a fragile Provisions) Bill 2010 [Provisions] was tabled out of precedent’, The Conversation, (24 March 2011 - http:// session on 28 January 2011. The joint ANU Submission theconversation.edu.au/un-security-councils-libya- that Anton assisted in organising was cited a number resolution-is-a-fragile-precedent-383) of times. ‘Libya and R2P: The limits of responsibility’, East Asian International Appearance before ITLOS Forum, (31 March, 2011 - http://www.eastasiaforum. Don appeared as Co-Counsel for the International org/2011/03/31/libya-and-r2p-the-limits-of- Union for the Conservation of Nature (IUCN) before the responsibility/, Seabed Disputes Chamber of the International Tribunal for the Law of the Sea in Case No. 17, Responsibilities ‘Libya and the ‘Responsibility to Protect’ doctrine’, and Obligations of States Sponsoring Persons and On Line Opinion, (26 August 2011 - http://www. Entities with Respect to Activities in the Area (Request onlineopinion.com.au/view.asp?article=12522) for Advisory Opinion Submitted to the Seabed Disputes Chamber). In a first for any international court or tribunal, the oral submissions were webcast live. The TONY CONNOLLY Advisory Opinion was handed down on 1 February Dr Tony Connolly’s most recent book Cultural 2011 and took account of a number of arguments Difference on Trial: The Nature and Limits of Judicial made by the IUCN. Understanding (Ashgate, 2010) was the subject of a symposium at the Australian Society of Legal Litigation Philosophy Annual Conference held in Brisbane in Appeared as Counsel and Attorney of Record in the late July. The papers presented at the symposium Federal Court of Appeals in New York to file an amici (including Tony’s) published in the Australian Journal of curiae brief in Chevron v. Donziger on questions of Legal Philosophy. international law on behalf of 30 international lawyers around the world, including: Martti Koskeneimi, Stephen McCaffrey, Manfred Nowak, and Burns SARAH HEATHCOTE Weston. Seminar ‘Legal Curiosities in the Central and Southwest Events Pacific’, Centre de droit international, Université libre Supervised the first ANU law student led symposium de Bruxelles (Belgium), 7 April 2011. and first ANU College live conference webcast, Towards Rio+ 20: Contemporary Issues in International THOMAS FAUNCE Environmental Law http://donanton.org/2011/05/29/ teaching-international-environmental-law-in-2011/ (28 ‘Call for health whistleblowers to get protection’, Julia May 2011) Medew, The Age (12 May 2011 - http://www.theage. com.au/national/call-for-health-whistleblowers-to-get- Participated in the 2011 ANU Great Green Debate on protection-20110511-1eizl.html) opposing sides of the proposition: The Environment will never be prioritised over material desires ‘A healthy prescription: doctors, own up to medical mishaps immediately ’theconversation.edu.au, (2 PETER BAILEY August 2011 - http://theconversation.edu.au/a-healthy- prescription-doctors-own-up-to-medical-mishaps- ‘Ten years of anti-terror laws’, Sarah Collerton, 1233 immediately-2608) ABC Newcastle, (12 September 2011 - http://donanton. org/2011/05/29/teaching-international-environmental- law-in-2011/ )
CIPL Newsletter December | 2011 23 ‘Trees have the answer to everything’, The Sydney ‘The Legal Implications of GM Contamination’, Michael Morning Herald, (4 August 2011 - http://www.smh. Mackenzie, The Bush Telegraph, (11 February 2011 - com.au/environment/energy-smart/trees-have-the- http://www.abc.net.au/rural/telegraph/content/2011/ answer-to-everything-20110803-1ibh9.html) s3136364.htm) and http://mpegmedia.abc.net.au/ rn/podcast/2011/02/bth_20110211_1106.mp3 with ‘Big idea suits big technology’, Deborah Smith, The Western Australian Minister for Agriculture, Terry Sydney Morning Herald, (4 August 2011 - http://www. Redman. smh.com.au/environment/energy-smart/big-idea- suits-big-technology-20110803-1ibh8.html) ‘AFACT v iiNet: Government called to action’, (24 Feb 2011 - http://www.computerworld.com.au/ BRAD JESSUP article/377816/afact_v_iinet_government_called_ action/James Hutchinson), Computerworld ‘So much for a fair go: Kyoto protocol lets Australia offload climate responsibility’, The Conversation, (10 ‘Australia Hoping to Replace Logos on Cigarette June 2011 - http://theconversation.edu.au/so-much- Packs with Grisly Images of Cancer’, Kristen Gelineau, for-a-fair-go-kyoto-protocol-lets-australia-offload- The Washington Post (7 April 2011 - http://www. climate-responsibility-1369) washingtonpost.com/world/australia-hoping-to- replace-logos-on-cigarette-packs-with-grisly-images- MATTHEW RIMMER of-cancer/2011/04/06/AFihaBsC_story.html) Also syndicated in The Canadian Press and Associated Speeches Press Newswires ‘The Creative Commons: A Critical Retrospective’, The Treasury, 12 July 2011 ‘The Case for Plain Packaging of Tobacco Products’, Alastair Air, Crikey, (21 June 2011) ‘Intellectual Property and Commercialisation’, John Curtin Medical Research School, 2 August 2011. ‘Tech titans at war over patents’, The Herald-Sun, (24 August 2011 - http://www.heraldsun.com. ‘Why So Serious?: Copyright Law, Fair Use, and Artistic au/ipad/tech-titans-at-war-over-patents/story- Appropriation’, Core Computer Studies, School of Art, fn6bn9st-1226120734099 ), Jennifer Dudley-Nicholson, ANU, 23 August 2011. Perth Now, http://www.perthnow.com.au/tech-titans- at-war-over-patents/story-fn6cn2ls-1226120414351 ‘Who’s Afraid of Ai Weiwei?: China, Art, Human Rights, and ‘Patent Madness’, Sunday Tasmanian, (4 and Social Media’, Core Computer Studies, School of September 2011) Art, ANU, 27 September 2011. ‘The Cliff Richard Copyright Term Extension’ Louise ‘The Washington Declaration on Intellectual Property Maher, ABC 666 Drive, (13 September 2011) and the Public Interest’, ANU Remote Hub, United Nations Forum on Internet Governance, 27 September ‘Big Tobacco Uses The Castle in Legal Blue’, Julian 2011. Drape, Australian Associated Press General News, (13 September 2011 - http://www.news.com.au/breaking- ‘Biofuels and the Synthetic Biology Revolution: news/big-tobacco-uses-the-castle-in-legal-blue/ Intellectual Property, Climate Change, the Energy story-e6frfku0-1226136212203) Crisis, and Food Security’, Keynote Speech, University of British Columbia, November 2011. Republished in News.com, ‘Tell Big Tobacco They’re Dreaming’, http://www.news.com.au/ ‘Intellectual Property and Climate Change: Inventing business/tell-big-tobacco-theyre-dreaming/story- Clean Technologies’, Centre for Law and the e6frfm1i-1226136483579 The West Australian, The Environment, University of British Columbia, November Australian Magazine, Herald Sun, Daily Telegraph, 2011. PerthNow, AsiaPulse, the Courier Mail, and Sky News, http://www.skynews.com.au/businessnews/article. Media aspx?id=661328&vId= ‘The St Kilda Legal Action in the Federal Court of Australia over Nude Photographs’, ABC Television ‘Plain Packaging of Tobacco Products’, 2CN (14 News 24, (24 December 2010 ) September 2011); Mike Welsh, 2CC (14 September 2011); John Barron, ABC News Radio, (14 September
24 CIPL Newsletter December | 2011 2011 - http://mpegmedia.abc.net.au/newsradio/ ‘Mark Colvin Image Used in Blackberry Promotion’, audio/20110914-rimmer.mp3); Ross Solly, 666 Ashley Hall PM, ABC Local Radio and Radio National, Mornings (14 September 2011). (28 October 2011 - http://www.abc.net.au/pm/ content/2011/s3350961.htm) ‘Tobacco Industry Case Up in Smoke’, Leanne O’Rourkes, ANU Media Press Release, (14 September ‘Blackberry Pinches Colvin’s Twitter Pic for Ad’, Ashley 2011 - http://news.anu.edu.au/?p=11311), Reprinted Hall, ABC News, (29 October 2011 - http://www.abc. in States News Service, Targeted News Service, net.au/news/2011-10-28/blackberry-ad-used-colvin- My Science, Health Canal (http://www.healthcanal. photo-without-permission/3607330?section=nsw) com/public-health-safety/20689-Tobacco-industry- case-smoke.html) and Senior Australian News, ‘Apple, Samsung Tablet War Judgement Imminent in (http://seniorau.com.au/index.php/more-seniorau- Australia and Australian Court to Make Key Ruling in news/1106-tobacco-industry-fight-will-fail-expert) Tablet War’, Dow Jones International News.
‘Tobacco industry case up in smoke’, ANU News (14 ‘New Australia Smoking Law Bans Brand Labels’, September 2011 - http://news.anu.edu.au/?p=11311) James Grubel, Reuters (10 November 2011 - http:// www.reuters.com/article/2011/11/10/us-australia- ‘All huff and puff as big tobacco quietly runs away’ smoking-idUSTRE7A924N20111110), syndicated in Dept of Health and Ageing website (14 September The Chicago Tribune (http://www.chicagotribune. 2011 - http://www.health.gov.au/internet/ministers/ com/health/sns-rt-us-australia-smokingtre7a92 publishing.nsf/Content/mr-yr11-nr-nr178.htm) 4n-20111110,0,4150634.story), The Independent (UK) (http://www.independent.co.uk/news/world/ ‘Apple vs Samsung Patent Lawsuits’ Jorge Branco, australasia/new-australia-smoking-law-bans-brand- QUT News (21 September 2011 - http://www.4eb.org labels-6259901.html), The Jerusalem Post (http:// au/) www.jpost.com/Health/Article.aspx?id=245089), The Jakarta Globe (http://www.thejakartaglobe. ‘Tobacco’s Mad Men Threaten Public Health’, com/international/new-australia-smoking-law- The Conversation (23 September 2011 - http:// bans-brand-labels/477653), Trade Arabia (http:// theconversation.edu.au/tobaccos-mad-men- www.tradearabia.com/), Gulf Times (http://www. threaten-public-health-3450) gulftimes.com/site/topics/article.asp?cu_no=2&item_ no=469357&version=1&template_id=39&parent_ ‘Aussies Get Tough on Tobacco Advertising’, id=21), RTE (Irish Radio) (http://www.rte.ie/ Greymouth Evening Star (NZ) (26 September 2011) 4 news/2011/1110/australia_smoking.html), MSNBC, (http://www.msnbc.msn.com/id/43224053/ns/ ‘The Andrew Bolt Racial Discrimination Matter’, Louise health/t/new-australia-smoking-law-bans-brand- Maher, ABC 666 (28 September 2011) labels/), and Pretoria News (South Africa) (http://www. pretorianews.co.za/new-australia-smoking-law-bans- ‘Australian Court to Rule in Apple-Samsung Tablet brand-labels-1.1175956) War’, Ross Kelly, The Wall Street Journal (29 September 2011 - http://online.wsj.com/article/SB10001424052 ‘The Plain Packaging of Tobacco Products’, Chris 970204138204576598090875357166.html) and The Hedley, BBC World News (11 November 2011) Australian (http://www.theaustralian.com.au/business/ world/sydney-court-to-rule-in-apple-samsung-tablet- ‘Australia Stubs Out Cigarette Branding’, Greymouth war/story-e6frg90o-1226150942852) Evening Star (NZ), (11 November 2011) 7
‘More Trouble Brewing in Patent Battle: Samsung tries ‘Threats of by cigar-producing countries Cuba and to convince Federal Court to ban sales of Apple’s Ukraine to take action over Australia’s plain packaging iPhone 4S’, Brian Corrigan, The Australian Financial legislation is just bluster,’ 3 pm news, ABC 666 Radio Review (19 October 2011) 15 (14 November 2011)
‘Shortcomings Patently Obvious: Policy Issues Arising ‘IP presents ‘barriers to climate action’, Anna Salleh, Out of Apple-Samsung Patent Battle’, Brian Corrigan ABC Science, (1 December 2011) with Alex Boxsell, The Australian Financial Review (21 October 2011) 57
CIPL Newsletter December | 2011 25 SUE HARRIS-RIMMER of Alberta, Edmonton, Canada, 22-23 September 2011, 22pp Panellist, ‘The Children of Afghanistan Save the ‘Compulsory Pilotage, Vessel Traffic Systems and the Children’, National Press Club, televised for ABC TV UNCLOS: How Free is the Freedom of Navigation’ Big Ideas, 2 February 2011 presented at Cooperation for the Safety of Navigation in East Asia: Legal Arrangements and Political Paper presenter at Women, Leadership and Implications, National Institute for South China Sea Democracy Conference – Old Parliament House, 2 Studies, Haikou, China, 17-18 November 2011, 19pp December 2011 Conference Panellist DONALD ROTHWELL ‘Joint Development in the Timor Sea’ presented at Conferences CIL Conference on Joint Development and the South ‘Global and Regional Dimensions to Maritime Security China Sea, Centre for International Law, National in the Pacific’ presented at Cooperation Regimes and University of Singapore, Singapore (17 June 2011) Third Parties conference, ANU Centre for European Studies/Centre for International Security and European Lecture Studies, University of Grenoble, ANU, Canberra (22 ‘Maritime Boundary Delimitation: State Practice and November 2010) Implications for the Arctic’ lecture presented at Faculty of Law, McGill University, Montreal, Quebec, Canada, ‘The Polar Regions and the Law of the Sea: Are there (1 November 2010) Antarctic Lessons for the Far North’ presented at UNCLOS and the Antarctic Treaty: competing models ‘Arctic Governance: Is there a need for a new legal of Polar governance? ESRC Seminar Series, British regime?’ lecture presented at Faculty of Law, Université Library, London, UK (15 February 2011) de Montréal, Montreal, Quebec, Canada, (1 November 2010) ‘A Pacific Ocean Perspective’ presented at “Indo- Pacific Maritime Security in the 21st Century” Lowy ‘Polar Oceans Governance in the Twenty-first Institute-US Naval War College Conference, Garden Century’ – Third Annual Douglas M. Johnston Ocean Island, Sydney (21 February 2011) Governance Lecture, Dalhousie University, Halifax, Nova Scotia, Canada, 20 September 2011 ‘The Law of the Sea, Maritime Security and Naval Operations in the South China Sea’ presented Seminars at ‘Contemporary International Law Issues in the ‘Juggling International Law in the Southern Ocean: Asia Pacific: Opportunities and Challenges’ 2011 Pursuing Japan’s Whaling in the ICJ, or Sea Shepherd International Law Association Asia-Pacific Regional in the Australian Courts, or both?’ presented at Faculty Conference, Taipei, Taiwan, (29 May – 31 May 2011) of Law, University College London (17 February 2011)
‘International Law in the Contemporary World: ‘Arctic Ocean Choke Points and the Law of the Sea’ Australian Practice in Protecting Citizens Abroad’ presented at Ministry of Foreign Affairs (Denmark), presented at ‘Contemporary International Law Issues Copenhagen, Denmark (18 February 2011) in the Asia Pacific: Opportunities and Challenges’2011 International Law Association Asia-Pacific Regional ‘International Law and Military Operations in Libya’ Conference, Taipei, Taiwan (29 May – 31 May 2011) presented at Perspectives on the International Intervention in Libya forum, Castan Centre for Human Joint Development in the Timor Sea” presented at CIL Rights, Monash University, Melbourne (20 April 2011) Conference on Joint Development and the South China Sea, Centre for International Law, National University ‘Operationalising the Responsibility to Protect: The of Singapore, Singapore, 17 June 2011 Libyan Experience’ presented at Centre for Public, International and Comparative Law, TC Beirne School ‘Freedom of Navigation in Uncertain Times: of Law, University of Queensland, 20 May 2011 Implications for the South China Sea and Arctic Ocean’ presented at Canada, US and China: Maritime ‘IHL, R2P and the Libyan Experience’ presented at Security Issues – The Arctic and the South China Sea- The Libyan Conflict: International Humanitarian Law Sharpened Competition or Collaboration?, University Issues, Red Cross IHL Committee Solferino Seminar, Canberra, 24 June 2011
26 CIPL Newsletter December | 2011 ‘The 2011 Libyan Conflict and Operationalising the ABC Local Radio Queensland Drive 10 November 2010, ‘Responsibility to Protect’ doctrine’ presented at 5.25pm Discussing the case of Gabe Watson and the Faculty of Law, University of Western Australia, 15 potential for him to be held in Immigration Detention August 2011 following his release from a Qld prison because of fears he may be subject to the death penalty upon his ‘The 2011 Libyan Conflict and Military return to the US: 11 November 2010 Operationalisation of the ‘Responsibility to Protect’ Kristen Gelineau, “Man guilty in wife’s honeymoon doctrine’ presented at Australian Defence Force death leave jail” Forbes.com 11 November 2010: Reserve Legal Panel, Irwin Barracks, Karrakatta, http://www.forbes.com/feeds/ap/2010/11/10/ Western Australia, 15 August 2011 general-as-australia-diving-death_8095559.html Also in Seattle Times, San Francisco Examiner, The ‘South China Sea Maritime Disputes: Options Canadian Press, Jakarta Globe, Kansas City Star, for China and the US’ Faculty of Law, Singapore Anchorage Daily News Management University, Singapore, 4 October 2011 Hedley Tomas “Killer’s Alabama honeymoon over” “The Responsibility to Protect and Libya: A New The Australian 12 November 2010, p. 39 discussing Principle of International Law?” Faculty of Law, the case of Gabe Watson and the government of University of Hong Kong, Hong Kong, 7 October 2011 Queensland accepting assurances from Alabama regarding his fate ‘South China Sea Security Issues: China’s Approach to the Law of the Sea’ presented at Looking Ahead: John Garnaut ‘Our children need their father back: Cross-cutting Issues in International Law, Attorney- jailed executive’s wife’ Sydney Morning Herald online General’s Department International Law Colloquium, (28 November 2010) (http://www.smh.com.au/world/ Canberra, 14 November 2011 our-children-need-their-father-back-jailed-executives- wife-20101127-18bp3.html) commenting on the ‘Australia’s Antarctic Engagement’ presented to detention in China of the Australian businessman University of the Third Age (U3A), Belconnen, ACT, 23 Matthew Ng November 2011 Chinese law is Australia’s business” ABC Online Book Review Unleashed (29 November 2010) http://www.abc.net. ‘Salt Water Neighbours: International Ocean Law au/unleashed/41544.html discussing the detention of Relations between the United States and Canada’ Matthew Ng in China and parallels with the Stern Hu (2010) 29 Australian Year Book of International Law case 229-231 ABC Radio National PM 1 December 2010 at Parliamentary Briefing 5.12pm discussing the Interpol search alert that had Parliamentary Briefing to the Foreign Affairs Sub- been issued for Julian Assange following criminal Committee of the Joint Standing Committee on Foreign proceedings being launched against him in Sweden Affairs, Defence, and Trade on “Australian Sovereignty for alleged rape in Antarctica” – Parliament House, Canberra (12 September 2011) ABC Radio 702 Sydney/666 Canberra “Evenings with Robbie Buck” 1 December 2010 at 9.32pm discussing Media the situation of Julian Assange and the potential for ABC Radio Gold Coast Drive 4 November 2010, him to face criminal charges arising from the release of 5.15pm discussing the possibility that Schapelle Corby material on WikiLeaks may be eligible to return to Australia under a prisoner transfer agreement which is the subject of ongoing ABC TV Lateline 1 December 2010 at 10.35pm negotiation between Australia and Indonesia discussing the situation of Julian Assange and the ABC Radio 666 Canberra Mornings 10 November potential for him to face criminal charges arising from 2010, 9.20am the release of material on WikiLeaks ABC Radio The World Today 10 November 2010, 12.11pm Andrew Darby ‘Calls for Gillard to seek whaling ‘Honeymoon killer could walk free’ The Brisbane injunction’ The Sydney Morning Herald, 3 December Times, http://www.brisbanetimes.com.au/queensland/ 2010, p. 10 discussing the timeline for ICJ litigation honeymoon-killer-could-walk-free-20101110-17ngh. against Japan in the JARPA II case html
CIPL Newsletter December | 2011 27 Sky News TV Lunchtime Agenda 6 December 2010, ‘Sea stoushes with Japanese whalers could sink 12.30pm, discussing the reported comments by PM the legal battle’ The Age (13 January 2011), p. 15 Rudd to the US regarding use of force against China [discussing Australia’s obligations with respect to the and possible criminal changes being brought against Australian-flagged Gojira and its role in SSCS protests Wikileaks founder Julian Assange against Japanese whaling] Also reported in: Greg Ansley ‘Canberra braced for Chinese backlash’ Andrew Darby ‘Whaler’s achilles heel found’ National New Zealand Herald 7 December 2010 discussing Times online (13 January 2011) at http://www. the implications for Australia/China bilateral relations brisbanetimes.com.au/environment/whale-watch/ as a result of the WikiLeaks material relating to Rudd/ whalers-achilles-heel--found-20110113-19oxi.html Clinton discussions Discussing the potential extradition from Thailand of Discussing the extradition proceedings against Julian two Thai fugitives wanted in relation to the murder of a Assange in the UK and the implications for later Melbourne man in 2009: changes arising from his activities with WikiLeaks - 8 Mark Butler “Police arrest men suspected of killing December 2010: Luke Mitchell” The Herald-Sun 25 January 2011 ABC NewsRadio, 9.17am. at : http://www.heraldsun.com.au/news/victoria/ ABC 4SCR Sunshine Coast FM (Queensland) police-arrest-men-suspected-of-killing-luke-mitchell/ Mornings, 10.15am story-e6frf7kx-1225993867482 Lanai Vasek ‘Curious case of the Swedish sex ABC Radio PM – 25 January 2011, 5.42pm charges’ The Australian 8 December 2010, p. 6 discussing the potential extradition from Thailand of Radio 3AW Melbourne, 4.50pm two Thai fugitives wanted in relation to the murder of a Melbourne man in 2009 Radio 2CC Canberra, 5.10pm National Nine News – 25 January 2011 – 6.07pm ABC Radio PM 5.30pm ABC Radio 666 Canberra Drive 5.45pm Newsline Australia Network 14 February 2011, ABC Radio Statewide Drive (Qld) 5.50pm discussing the Australian legal claim against Japan ABC TV 7.30 Report 7.31pm in the ICJ and the potential for a Japanese counter- ABC News 24 The World 9.34pm claim based on the activities of Sea Shepherd in its Jessica Crouch and Caroline Zielinksi “The extradition harassment of the Japanese whaling fleet case against Assange”
28 CIPL Newsletter December | 2011 Donald R. Rothwell and Hitoshi Nasu ‘Legalising ABC News 24 Breakfast – 6 April 2011, 8.09am Military Intervention in Libya’ ABC Online The Drum ABC Radio Australia – 6 April 2011, 8.47am Unleashed (15 March 2011) at
CIPL Newsletter December | 2011 29 Ron Sutton “50th anniversary of the Antarctic Treaty” ABC Radio AM 6 July 2011, 8.20am discussing reports SBS World News Australia Radio 23 June 2011 at that Indonesia may decline to prosecute an alleged 6.22am [commenting on the 50th anniversary of the Bali bomber and the options available to Australia to entry into force of the Antarctic Treaty] prosecute and extradite
Discussing a possible international legal claim by Philip ABC Radio JJJ Hack 6 July 2011, 5.40pm discussing Morris Asia against the government of Australia over the introduction into Parliament of the tobacco plain plain packaging of tobacco (27 June 2011): packaging Bill and its implications for potential litigation ABC Radio 612 Brisbane Mornings 27 June 2011 challenging the legislation ABC Regional Statewide Radio NSW Drive 27 June ABC Radio 666 Canberra Drive 27 June ABC Radio 612 Brisbane Drive 4 August 2011, 3AW The Derryn Hinch Show 27 June 2011 4.20pm discussing the withdrawal by the Vatican of its ABC Radio 774 Melbourne Drive 27 June 2011 Ambassador to Ireland and the diplomatic and legal Channel TEN News 27 June 2011 issues arising from this. ABC Radio Triple J Hack 27 June 2011 ABC TV News 27 June 2011 Discussing the High Court of Australia’s injunction against the Commonwealth government sending ABC TV Lateline 27 June asylum seekers to Malaysia: 2CC Canberra Drive 27 June ABC News 24 Breakfast, 9 August 2011 at 7.37am Radio New Zealand News ABC 720 Radio Perth Mornings at 11.30am ABC Radio News (various) ABC Radio NSW Statewide Drive at 4.45pm ‘Can Big Tobacco’s legal challenge to plain packaging TEN News at 5.15pm succeed?’ The Conversation (27 June 2011 - http:// Seven News at 11.39am theconversation.edu.au/can-big-tobaccos-legal- ABC News at 12.10pm challenge-to-plain-packaging-succeed-2025) Discussing the High Court of Australia’s injunction Enda Curran “Corporate News: Philip Morris set to against the Commonwealth government sending fight ad ban” The Wall Street Journal 28 June 2011, asylum seekers to Malaysia, 10 August 2011: p. B4. Michelle Grattan and Richard Willingham “No-risk bid on asylum” The Age 10 August 2011, p. 11 PM defiant on cigarette packs as legal stoush begins ‘Bowen: delay ‘no green light’’ The Canberra Times Ross Peake, The Canberra Times (28 June 2011 - 10 August 2011, p. 4 http://www.canberratimes.com.au/news/national/ ‘Malaysia delay puts PNG talks in frame’ West national/general/pm-defiant-on-cigarette-packs-as- Australian 10 August 2011, p. 14 legal-stoush-begins/2208814.aspx) p.2 RTR FM Perth Morning Magazine 9.45am
Aj-Jazerra TV (English) 29 June 2011, 11.28pm Australia Network TV Newsline 17 August 2011 (GMT) discussing France’s arms drop in Libya and its discussing the Lowy Institute report on Australia’s consistency with the UN Security Council Resolutions strategic interests in Antarctica dealing with Libya also John Garnaut “Australian businesswoman falls foul BBC Monitoring Middle East 30 June 2011, 0806 of China’s legal system” The Sydney Morning Herald, 23 August 2011, p. 1 discussing the case of Charlotte ABC Radio The World Today 30 June 2011, 12.34pm Chou and whether Australian citizens of ethnic Chinese discussing France’s arms drop in Libya and its heritage are being targeted by Chinese officials consistency with the UN Security Council Resolutions dealing with Libya Discussing the High Court proceedings in the Malaysian refugee case and implications for the Gillard “Australia side steps the ‘law of war’ The Wire government: (Community Radio) 4 July 2011 (discussing revelations ABC News 24 Afternoon Line, 23 August 2011 at that Australia sought to avoid certain Geneva 4.22pm Convention obligations with respect to detainees) Channel 7 Seven News 23 August 2011 at 6.03pm Radiolive (New Zealand) Drive with Paul Henry ABC Radio PM 23 August 2011 at 5.48pm discussing the trial before the ICTY of Ratko Mladic ABC TV 7.30 23 August 2011 at 7.48pm and his initial appearance before the Tribunal AAP “Malaysia Solution verdict due next week” 23
30 CIPL Newsletter December | 2011 August 2011 Act and Immigration (Guardianship of Children) Act to ABC TV Lateline 23 August 2011 at 10.35pm achieve offshore processing of asylum seekers
Discussing the issues confronting the High Court in the Lenore Taylor, ‘Leader’s stand-off may sink a common Malaysian Solution case: goal’ The Sydney Morning Herald, September 10-11, 2011, News Review, 17, discussing the options open ABC News Radio – 9.15am, 31 August 2011 to the Gillard government to amend the Migration and Guardianship Acts Discussing the High Court’s decision in the ‘Malaysian Solution’ case (31 August 2011): Discussing proposed government amendments to the ABC News 24 at 3.05pm Migration Act and the Immigration (Guardianship of MTR Melbourne at 3.35pm Children) Act (12 September 2001): ABC Radio 666 Canberra Drive at 4.06pm ABC Radio National Breakfast at 7.50am ABC Radio NSW Drive at 4.23pm ABC Online The Drum: “The Complex Business of saving Gillard’s solution” at http://www.abc.net.au/ ABC Radio 702 Sydney Drive at 5.07pm unleashed/2881870.html ABC News 24 The Drum at 6.05pm ABC Radio News at 2.03pm ABC TV 7.30 at 7.34pm ABC TV News 24 at 4.15pm ABC Radio National Australia Talks at 6.33pm ‘Deal? No deal, says ANU law expert’, ANU News (31 ABC Regional Radio WA Drive at 5.10pm August 2011 - http://news.anu.edu.au/?p=11011) ABC Radio Perth Drive at 5.25pm Discussing the High Court’s decision in the ‘Malaysian BBC World TV at 1.18pm (GMT time) Solution’ case (1 September 2011): Radio Adelaide FM Breakfast – 6.45am Discussing proposed government amendments to the Migration Act and the Immigration (Guardianship of ABC 24 News Breakfast – 7.44am Children) Act (13 September 2001): ABC Radio 612 Brisbane Mornings – 8.37am Radio Australia Breakfast at 7.33am Radio 4BC Mornings – 9.20am Kirsty Needham ‘Children remain challenge in ABC Radio JJJ Hack - 5.33pm Malaysia plan’ The Sydney Morning Herald, 13 ZINC FM Townsville – 6.01am September 2011, p. 6 Matthew Franklin ‘Minors stay at minister’s mercy’ ABC Radio North West WA – 10.06am The Australian, 13 September 2011, p. 2 SBS TV World News – 6.31pm ABC Radio NSW Regional Drive at 5.12pm FM 104.7 (Canberra) at 7.33am Discussing the High Court’s decision in the ‘Malaysian SYN FM (Melbourne) at 4.59pm Solution’ case (2 September 2011): Radio 6PR Mornings – 8.34am ‘Compulsory Pilotage in the Torres Strait’, Social ABC 24 News Breakfast – 6.35am Science Research Network (14 September 2011 - Radio FM 104.7 – 8.02am http://papers.ssrn.com/sol3/papers.cfm?abstract_ id=1927648) ‘Government could have foreseen refugee decision’, Discussing proposed government amendments to the The Australian, (5 September 2011 - http://www. Migration Act and the Immigration (Guardianship of theaustralian.com.au/national-affairs/opinion/ Children) Act (14 September 2001): government-could-have-foreseen-refugee-decision/ SBS Radio World View at 6.17am story-e6frgd0x-1226129287613) Channel 7 News – 14 September 2011, 6pm discussing Discussing the advice of the Solicitor-General to the the extradition to Australia from the United States of government regarding the High Court’s decision in the the Australian citizen accused of having strapped a M70 case (5 September 2011): fake bomb to the Sydney teenager Madeleine Pulver Paul Maley and Milanda Rout, “Abbott refloats offshore solution” The Australian 5 September 2011, p. 1, 4 ABC Radio Hobart Mornings, 27 September 2011 ABC Radio 702 News: 5.30am discussing the case of the SS Gairsoppa and its ABC Radio 612 News: 6am salvage in the Atlantic and the rights that may be ABC TV Lateline 5 September 2011 at 10.40pm enjoyed by the savlors to the estimated $236 million of Lauren Wilson ‘Lawyer ready for migration scrap’ The silver on board the vessel Australian (7 September 2011), p. 4 discussing the amendments that would be required to the Migration Discussing the Gillard’s government efforts to amend the Migration Act following the High Court decision in
CIPL Newsletter December | 2011 31 M81 (13 October 2011): ABC Radio National Asia Pacific 16 November 2011 2CC Canberra Drive: 5.06pm at 5.18am discussing a proposal by the Philippines to ABC Radio Perth Drive: 5.11pm develop a zone of peace for the South China Sea ABC Radio PM, 17 October 2011, 5.22pm discussing Discussing the claim lodged by Philip Morris Asia allegation against the Sri Lankan High Commissioner against the introduction of plain paper tobacco packing for having committed war crimes in Sri Lanka in 2009 and the legal processes that would apply in the case of laws (22 November 2011): ABC Radio 612 Brisbane – 8.40am an Australian prosecution Radio Australia – 11.05am ABC Radio Gold Coast Breakfast, 18 October 2011, 7.12am discussing allegation against the Sri Lankan Book Review High Commissioner for having committed war crimes ‘Salt Water Neighbours: International Ocean Law in Sri Lanka in 2009 and the legal processes that would Relations between the United States and Canada’(2010) apply in the case of an Australian prosecution 29 Australian Year Book of International Law 229-231
Lucy Ardern ‘War crimes slap mars Games bid’ The Commentator Gold Coast Bulletin, 19 October 2011, p. 2 discussing ‘Antarctica: Assessing and Protecting Australia’s allegations against the Sri Lankan High Commissioner National Interests’ Lowy Institute for International Policy for having committed war crimes in Sri Lanka in 2009 Food for Thought seminar series, Canberra, (8 August and the legal processes that would apply in the case 2011) of an Australian prosecution Community Presentation Letter to the Editor The Australian 22 October 2011, ‘Sea Piracy in the 21st Century’ presented to University p. 15 discussion Coalition policy of ‘towing back the of the Third Age (U3A), Belconnen, ACT, 6 April 2011 boats’ carrying asylum seekers
Discussing possible war crimes changes being Workshop brought against the Sri Lankan President during his Working Group Floater/Integrator ‘The Arctic Beyond visit to Australia for CHOGM (25 October 2011): National Jurisdiction: Exploring the Opportunities ABC Radio 774 Melbourne Drive: 5.10pm and Challenges of Expanded Human Use and ABC Radio 666 Canberra Drive: 5.30pm Future Governance’ Workshop, University of Alaska, SBS TV World News: 6.40pm Fairbanks, Alaska, USA, (24-27 July 2011)
ABC Radio National Asia Pacific 26 October 2011, ‘Australian Jurisdiction and International Law’ 5.05am discussing possible war crimes charges being presented at International Law in Australia (Third brought against the Sri Lankan President during his Edition) Contributors Workshop, Australian Institute of visit to Australia for CHOGM International Affairs, Canberra (22 June 2011)
ABC Radio AM 29 October 2011, 8. 13am discussing Working Group Floater/Integrator ‘The Arctic Beyond developments with the possible surrender of Saif National Jurisdiction: Exploring the Opportunities Gaddaffi to the International Criminal Court so as to and Challenges of Expanded Human Use and face charges that have been brought against him Future Governance’ Workshop, University of Alaska, Fairbanks, Alaska, USA, 24-27 July 2011 Discussing the decision of the High Court in the UK on the appeal of Julian Assange against his extradition to KIM RUBENSTEIN Sweden (3 November 2011): Presented a paper on ‘Citizenship and Constitutions’ ABC News 24 Breakfast – 7.34am 2CC Drive – 3.10pm to the Centre for Constitutional Democracy at the University of Indiana on 3 March 2011 and a paper SBS TV World News 7 November 2011, 6.44pm on ‘Feminism and Australian Constitutional law’ at a discussing an Australian man detained in Israel conference on Constitutionalism and Difference for the following IDF interdiction of a flotilla heading for the first Pan Asian Seminar, a joint initiative of the ANU and Gaza Strip Indiana University, on 4-5 March 2011 at the University ABC TV 7.30 10 November 2011, 7.45pm discussing of Indiana in Bloomington Indiana the enactment of tobacco plain paper packaging legislation and the possible legal claims that could be Chaired the Launch of the ANU Gender Institute (10 made by tobacco manufacturers against the legislation March 2011)
32 CIPL Newsletter December | 2011 Presented a paper with Louise Chappell and Deborah JAMES STELLIOS Brennan on “Australian Intergovernmental Relations: A Gender And Change Perspective” in a workshop Media Article on Momcilovic v The Queen, Public Sector on Federalism and Intergovernmental Relations at the Informant, July 2011 Gilbert and Tobin Centre, UNSW (24-25 March 2011) Article on Dickson v the Queen, Public Sector Informant, May 2011 Keynote speaker at the YWCA World Breakfast at Old Parliament House (29 April 2011) ERNST WILLHEIM Speaker at ANU Holocaust Remembrance Service, (3 ‘The Mounting Legal Bills of an Ideological War’, The May 2011) Public Sector Informant, March 2010
Panellist at Forum ‘Tackling Intolerance’, Australian Submission to public consultations on ACT hospital Centre for Christianity and Culture, Barton (17 May planning drawing’s attention to human rights issues 2011) Contribution to Civil Liberties Australia submission Chair, ‘Human Rights Protections - What does to parliamentary inquiry into unexplained wealth Australia Need?’ Panel Members: Navanethem (Navi) legislation Pillay, UN High Commissioner for Human Rights, Dr Helen Watchirs, ACT Human Rights & Discrimination Media interviews Commissioner, Professor Tom Campbell, Centre for Violence in Libya and possible application of the Applied Philosophy and Public Ethics, ANU (24 May) Responsibility to Protect principle
Participated in Public Consultation about Indigenous Australia’s article 40 human rights report Australians in our nation’s Constitution (25 May 2011) SBS: Swiss referendum for automatic expulsion of Chair, Annual Kirby Lecture on International Law, foreign criminals presented by Hon Louise Arbour CC, GOQ, President ABC: Constitutional implications of gay marriage and CEO International Crisis Group, Brussels, Belgium, legislation proposals (23 June 2011) SBS: Rule of law, international criminal law and implications for state sovereignty Chair, Opening and session at 19th Annual ANZSIL Conference, The Promise and Limits of International Presentations Law, 23-25 June 2011 Presentation to AACL Talking Constitutions group on Rowe v Australian Electoral Commission [2010] HCA Chair-Connecting International and Public Law 46 Workshop- Security, Institutions and International and Public Law (27-29 June 2011) MATTHEW ZAGOR Participant at Law Council of Australia Forum on Submission (on behalf of Australian Lawyers for Constitutional Recognition of Indigenous Australians Human Rights) on Provisions of the Criminal Code at Old Parliament House (22 July 2011) Amendment (Cluster Munitions Prohibition) Bill 2010, Chair: Lunchtime forum: Progress of the world’s Senate Foreign Affairs, Defence and Trade Committee women - in pursuit of justice (August 3, 2011) (January 2011)
Key note speaker “The Challenges of Citizenship” at Seminar Uni SA conference From Refugee to Citizen, August 4 ‘The Cluster Munitions Convention and the Principle Presentation on Submission Guidelines to forum: of Humanity: interpreting the interoperability clause’ Getting ready for the Referendum: Aboriginal and (4 May 2011, Cluster Bombs, Human Rights and the Torres Strait Islander Peoples in the Australian Australian Legislation, at ANU Centre for European Constitution (8 August 2011) Studies) Presented a paper to the Women, Leadership and Democracy Conference at Old Parliament House Media on Using Citizenship as a Theoretical Framework to ‘Is Australia Serious about Eradicating Cluster analyse Trailblazing Women Lawyers, 2 Decemer 2011 Munitions?’ The Canberra Times (28 February 2011)
CIPL Newsletter December | 2011 33 Quoted in Dan Oakes, ‘Rudd Condemned: Cluster Don Anton and Matthew Zagor Bombs’, Sydney Morning Herald (4 May 2011) taught a new course, Environmental Protection and Human Rights. Built around Don Anton’s recent text of ‘Is Australia serious about eradicating cluster the same name (co-authored with Dinah Shelton), the munitions?’, Canberra Times (28 February 2011) course explored recent human rights developments that bear on the environment in international law, Appointed as an Adjunct Fellow, ANU Centre for examining the environmental application of human European Studies rights contained in international instruments, national constitutions, and legislation. Submission to Senate Legal and Constitutional Affairs Committee inquiry into the Migration Amendment (Detention Reform and Procedural Fairness) Bill 2010 (prepared on behalf of Australian Lawyers for Human Rights).
Chair, Moving Towards an Arms Trade Treaty, 26 July (event co-hosted by CIPL, IHL Committee of ACT Red Cross, and ANU Centre for European Studies)
Public Lecture, ‘Reading the Cluster Munitions Convention against the Principle of Humanity: interoperability and the draft legislation’, Cluster Bombs, Human Rights and the Australian Legislation, ANU (4 May 2011)
ADDITIONAL MEDIA
Don Anton & Gregor Urbas Why Julian Assange May Have a Case to Answer in Australia, Despite What the AFP Says (or, Why Julia Gillard Might Be Right), SSRN (1 January 2011)
Anton & Urbas on Assange, Wikileaks, and the Australian Criminal Code, Lawrence Solum, Legal Theory Blog (4 January 2011)
Peter Cane and Jane Stapleton A Goodhart, or two, for ANU, ANU News, On Campus (February 2011)
Thomas Faunce, Gregor Urbas and Lesley Skillen ‘Implementing US-style anti-fraud laws in the Australian pharmaceutical and health care industries’, MJA, 194 (9) 474-478 (2 May 2011)
Donald Rothwell & Hitoshi Nasu ‘UN Security Council resolutions on Libya and the significance of ‘R2P’, East Asia Forum (8 April 2011)
Ruth Townsend and Dominique Dalla-Pozza ‘National security, private rights: should doctors identify would-be terrorists?’, The Conversation, (16 June 2011)
34 CIPL Newsletter December | 2011 CENTRE STAFF & MEMBERS
Kim 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 Hafiz Aziz-Ur-Rehman, PhD Candidate Peter Bailey AM, OBE, Adjunct Professor Helen Bermingham, Assistant Lecturer Kevin Boreham, Lecturer Peter Cane, Professor Hilary Charlesworth, Professor & ARC Federation Fellow, Director of Centre for International Governance & Justice (RegNet CIGJ) Moeen Cheema, Teaching Fellow Jennifer Clarke, Senior Lecturer (on leave from July 2008) Tony Connolly, Associate Professor Michael Coper, Professor and Dean Dominique Dalla-Pozza, Associate Lecturer Lynn Du Moulin, Lecturer (Part Time) Thomas Faunce, Associate Professor Jeremy Farrall, Fellow, Asia-Pacific College of Diplomacy Jean-Pierre Fonteyne, Senior Lecturer Jo Ford, PhD Scholar, (RegNet-CIGJ) Don Greig, Visiting Fellow and Emeritus Professor Kath Hall, Senior Lecturer Susan Harris-Rimmer, Research Officer (RegNet,CIGJ) Sarah Heathcote, Senior Lecturer Vivian Holmes, Senior Lecturer Brad Jessup, Teaching Fellow Judith Jones, Senior Lecturer Ann Kent, Visiting Fellow Wendy Kukulies-Smith, Teaching Fellow Joanne Lee, PhD Candidate Leighton McDonald, Associate Professor Alison McLennan, PhD Candidate John McMillan, Professor (on leave) Anne McNaughton, Lecturer Anne MacDuff, Lecturer & PhD Candidate Rebecca Monson, PhD candidate Wayne Morgan, Senior Lecturer Hitoshi Nasu, Lecturer Molly Townes O’Brien, Associate Professor Louise Parrott, SJD Candidate Dennis Pearce AO, Visiting Fellow and Emeritus Professor James Prest, Lecturer Peter Prince, PhD Candidate Simon Rice OAM, Associate Professor Heather Roberts, Lecturer Donald R Rothwell, Professor of International Law Gabrielle Simm, PhD Candidate (RegNet) Amelia Simpson, Senior Lecturer (on leave) Centre for International and Public Law Achmad Gusman Catur Siswandi, PhD Candidate ANU College of Law Adérito Soares, PhD (RegNet) The Australian National University James Stellios, Associate Professor Daniel Stewart, Senior Lecturer CANBERRA ACT 0200 Fiona Wheeler, Professor Ben Wickham, Lecturer T: +61 (02) 6125 0454 Ernst Willheim, Visiting Fellow George Williams, Visiting Fellow F: +61 (02) 6125 0150 Katie Young, SJD Senior Lecturer E: [email protected] Matthew Zagor, Lecturer Leslie Zines, Visiting Fellow and Emeritus Professor W: http://law.anu.edu.au/CIPL