ISSUE September 2007

NEWSLETTER CENTRE FOR INTERNATIONAL AND PUBLIC LAW

Professor Catherine A Mackinnon at CIPL-CIGJ lecture on ‘Women’s Status, Men’s Status’, 26 July 2007 Contents NOTE FROM THE DIRECTOR 2 WELCOME & OTHER NOTICES 3 FEATURE ARTICLES 4 VISITING CIPL SCHOLARS 4 AUSTRALIA & THE DEATH PENALTY FORUM 4 BOOK REVIEW 5 cipl & ncis 7 EVENTS 8 UPCOMING EVENTS 19 AUSTRALIAN YEAR BOOK OF INTERNATIONAL LAW 20 PUBLICATIONS BY CENTRE MEMBERS 21 PRESENTATIONS, PAPERS & OTHER activities 22 STUDENT INTERNSHIPS 25 CENTRE STAFF & MEMBERS 26

ANU COLLEGE OF LAW This newsletter covers activities of the Centre and Centre members in the period August 2006 to September 2007. A NOTE FROM THE DIRECTOR I am delighted to write this second message as Director of CIPL. In my first Director’s I would like to thank Valerie Wayte note I highlighted four aspects of the Centre I am keen to foster: its research core and who stood in as CIPL’s administrator for foundation, its commitment to community, the linking of international and public law six months during Kavitha Robinson’s CONGRATULATIONS and its community outreach. Since the last newsletter and throughout this past year maternity leave after the birth of these areas have been promoted energetically. CIPL has been holding a fortnightly Kavitha’s daughter Rathiga on 2 March Professor Robin Creyke has been appointed Wednesday afternoon tea in my office to enhance CIPL’s sense of community which 2006. Valerie’s six months included as the Integrity Adviser in the Australian is rich and vibrant. It enables me to update colleagues on events and activities and producing the July 2006 CIPL newsletter Taxation Office. for us to share with one another information about our own work and interests. and organising many events, including Graduate students and visitors and student interns are all welcomed and it has proved the lecture by Major Michael Mori which Dr Tom Faunce secured a Discovery Grant to be a productive way to develop a strong sense of being part of a Centre. The first drew a record crowd. titled ‘Regulating Medical Nanotechnology afternoon tea in 2007 was attended by two guests. The Honourable Judge Christopher Attendees of a CIPL afternoon tea session in Australia: Developing Practical Weeramantry, former Deputy President of the International Court of Justice spoke It has been great working with Kavitha Improvements in Safety and Cost- with us informally during afternoon tea about his current work. Professor Charles and since her return the role of Centre Effectiveness Analysis’. Sampford, Director of the Institute for Ethics, Governance and Law (IEGL) with whom Administrator has changed and with CIPL has partnered as part of a joint initiative of the United Nations University and recent College wide administrative Sue Harris Rimmer has won the Audre Griffith University, spoke about the value of the partnership. changes, Kavitha’s new title is Assistant WELCOME Rapoport Prize for Scholarship on the Manager, College Outreach and Human Rights of Women (adapted from CIPL welcomes our newest centre members Professor Peter Cane, In addition to the many seminars and events built around the research of visitors and Administrative Support Team (COAST). one of her thesis chapters) from the Dr Hitoshi Nasu and centre staff Ms Jacqueline Sanderson. colleagues (see below), CIPL supported important research meetings, and organised Kavitha is now being assisted by a Project University of Texas. Sue’s winning paper the workshop Governing (and Representing) Women: Local, National and Global Assistant and Jacqueline Sanderson is Professor Peter Cane for the first 20 years of his academic will be published in the Texas Journal of Approaches which drew together leading scholars from around the globe. This was welcomed within the newsletter below. career, taught at Corpus Christi College, Oxford, successively International Law. timed to make the most of the wonderful visit of Professor Vicki Jackson from as lecturer, reader and professor. Since 1997 he has been Georgetown University Law School who also presented the 2006 Geoffrey Sawer lecture Heather Roberts is completing her PhD Finally, I would like to draw your Professor of Law at ANU, until 2007 in the Research School which will be published in the next edition of the Federal Law Review. The lecture and has been successful in the annual attention to the achievements of those of Social Sciences (RSSS). His main research interests are in preceded the successful 2006 Public Law Weekend which is also reported on below. academic appointment round. Heather, within the Centre in the congratulations private law – especially the law of obligations, public law who was doing some teaching in the ANU box on page 2, and to the amazing – especially administrative law, and legal theory – especially Furthering this research core, and building on the desire to link international and College of Law, is now formally appointed research output and community concepts of responsibility. Peter is the Director of the John public law, this past July saw the first CIPL workshop bringing together public lawyers as a lecturer at the College. Heather contributions of the members of CIPL. It Fleming Centre for Advancement of Legal Research within the and international lawyers. Eighteen scholars, including many from the ANU College of Professor Peter Cane was also elected to the Council of the is a great privilege to be working with ANU College of Law established in 2007. Law and ANU broadly, as well as from outside ANU both nationally and internationally, Australian Association of Constitutional such talented colleagues. We are all submitted abstracts and met from the 2-4 July to explore the topic Untangling The law in 2007. supported by a terrific Dean in Professor Dr Hitoshi Nasu joined the ANU College of Law late last year National From The Inter(national) And The Public From The Private: The Complexities Michael Coper. He is integral to the great and prior to his appointment at ANU he was a part-time Of Accountability And Governance In A Globalised World. The participants are Professor Donald Rothwell was successful sense of community in the ANU College lecturer at the University of Sydney, teaching international now developing their papers for the first book in the series. I have also just begun on a Discovery Grant as part of a team of Law which CIPL is proudly housed law. Hitoshi has a PhD on ‘Precautionary Approach to distributing the call for abstracts for the second CIPL workshop which will be held from based at Griffith University for a project within. International Security Law: A Study of Article 40 of the 26-28 May 2008 which revolves around the theme of Health and access to essential entitled ‘Re Envisioning Sovereignty UN Charter’ and special expertise in international law and medicines. For further information regarding that workshop please look at CIPL’s and Nationhood in the Contemporary Kim Rubenstein immigration law. His scholarly interests also include public forthcoming events information on the website. International Context’. Don and his May 2007 international law, international peace and security law, UN research team based at the University of law, conflict of laws especially jurisdiction. Dr Hitoshi Nasu Tasmania have also been awarded the ARC In addition to the research focussed activities since the last newsletter, you will see We have decided to distribute future in the events section reports of events catering for the greater community’s interest Linkage International Awards for a project editions of the CIPL newsletter Jacqueline (Jacqui) Sanderson started her role as Assistant in matters revolving around public law and international law, including the fully entitled The Future of Oceans Governance electronically. The Newsletter Project Officer in February this year. Jacqui has been subscribed, standing room only event on David Hicks in April, and two functions in Polar Areas. This award will run over will continue to be formatted appointed to assist Kavitha Robinson the Centre’s Project organised with the Centre for International Justice and Governance by Professor 2007 and 2008 involving workshops in professionally in the manner that Officer due to the growth of her responsibilities with the Catharine McKinnon from the University of Michigan and a presentation by Luis both Hobart and Calgary. you are accustomed and will act as Centre’s increased activities. Jacqui will be helping both CIPL Moreno-Ocampo, the first Prosecutor for the International Criminal Court. CIPL has the primary means for disseminating and the Australian Centre for Environmental Law (ACEL) on also held several events involving lawyers from the Attorney General’s Department and Amelia Simpson has won a Carrick information to members. An email casual basis until a permanent Assistant Project Officer the Department of Foreign Affairs and Trade. Such events and the networks they draw Institute Award for Outstanding alert will be used to notify you when is appointed. Contribution to Student Learning. Amelia on highlight the unique vantage of CIPL, operating as it does from the nation’s capital. it is ready and can be viewed at Ms Jacqui Sanderson has previously won a Vice-Chancellor’s http://law.anu.edu.au/cipl/newsletter. CIPL also encourages PhD students to participate in CIPL One additional area that CIPL’s board has encouraged me to think about further is teaching award as well. asp. At that time, if you would like to events. New PhD students in 2007 who have been welcomed CIPL’s contributions to advocacy associated with public law and international law. To receive a hard copy as well you can at CIPL afternoon teas include Imogen Saunders, Rebecca Dr Fiona Wheeler, was appointed to that end, I have invited Professor Noah Novogrodsky, Visiting Scholar, Georgetown contact Kavitha Robinson. Monson and Adérito Soares. The CIPL members’ page which Professor in the law school in its 2007 University Law Center and Director, International Human Rights Program, University of shows the list of PhD students associated with CIPL is at: annual appointment round. Toronto, Faculty of Law to meet and talk to me and colleagues about this more. He will E-bulletins will be issued every two http://law.anu.edu.au/cipl/staff.asp also be giving a public lecture on the evening of Thursday 18 October. Dr Ann Kent’s book Beyond Compliance: months to keep you up-to-date on China, International Organisations and past events and forthcoming events Global Security has been published by between the newsletters. Stanford CA: Stanford University Press is available for purchase.

 CIPL NEWSLETTER ISSUE September 2007  CIPL NEWSLETTER ISSUE September 2007 AFP policy and official Australian government policy opposing the death FEATURE ARTICLES penalty. Dr Ann Kent (CIPL) spoke about the imposition of the death penalty BOOK REVIEW in China and the issues that may arise for Australia in our bilateral relations as business and tourism between the two countries continues to boom. Bill Rowlings (Civil Liberty Australia) gave a graphic presentation of the history of the death penalty and some of its contemporary forms, highlighting some recent instances of errors that had occurred during executions.

Professor Bill Buss with CIPL Advisory Board member Justice Michael Kirby AC CMG and Panel Two focussed on future challenges and Dr Michael Fullilove (Lowy Professor Kim Rubenstein Institute) considered some of the diplomatic options open to Australia within the Asia Pacific to pursue a regional initiative in opposition to the death penalty. Dave McRae (ANU College of Asia and the Pacific) spoke directly on the imposition of the death penalty in Indonesia and some of the legal (or didn’t understand) of what they were I was the frequent beneficiary of options that may be available within Indonesia to constitutionally challenge Visting CIPL Scholar borrowing, how the adopted (or rejected) scholarly programs, notably a two- the death penalty. Finally, Professor Donald Rothwell (ANU College of Law) provisions have worked out in Australia day symposium on hate speech and a considered the legal and policy options open to the Australian government and the United States since guest lecture by former Justice Sandra in the case of the six Australians in Bali, and reflected upon some of the 1 January 1901. Day O’Connor, and a seemingly endless lessons that should have been learned from the Van Nyugen case. A SHORT NOTE ON MY MONTH array of teas, lunches, and dinners – a AT ANU Canberra was a perfect place to start highlight being a lunch with Justice In this edition of the CIPL Newsletter, The issues raised in the forum were highlighted within a few weeks work in Australia because of the National Michael Kirby and Professor Kim Gabriele Porretto reviews a book in which By Professor William (Bill) following the December 2006 execution of Saddam Hussein in Baghdad. Library of Australia and the National Rubenstein in Justice Kirby’s chambers two CIPL members have chapters. Kim Buss Notwithstanding, the international condemnation of the manner and Archives of Australia and the Mitchell as arranged by Professor Rubenstein. Rubenstein’s chapter ‘Rethinking Nationality method of his execution and that of his fellow collaborators, the Australia Library, not very far away in Sydney. It in International Humanitarian Law’ is in Writing about The Making of the government remained silent. This was in contrast to the position taken by was exciting to find a few archival gems, Of no small moment, I received much Part 1 and Sue Harris Rimmer’s chapter Australian Constitution – and the the United Kingdom and even the United States who made statements such as seeing the actual pencilled notes encouragement and interest in my ‘The Role of the United Nations High weather – J.A. LaNauze said, “September expressing their concern about aspects of the execution, especially the lack and doodling that Edmund Barton put on project on Australian and American Commissioner for Refugees’ is in Part IV. is Sydney’s month.” For me, that of dignity within the execution chamber. a copy of an Australian Constitution Bill constitutional law. I hope to return extended to Canberra. in 1897. sometime after the project has moved Two major outcomes arose from the forum. The first was the need for on a pace. Dr Gabriele Porretto In September 2006, I came here to do Australia to adopt a consistent position on the imposition of the death But what was especially valuable for some of the early work on what I expect penalty. Such a position was one that should be based on fundamental me were my conversations with ANU William Buss Ustinia Dolgopol and Judith Gardam (eds.), will be a long-term project. The project Australian values and reflect the abolition of the death penalty in Australian faculty who, besides their expertise O.K. Patton Professor of Law The Challenge of Conflict: International Law involves taking a very close look at law, and also Australia’s support for the abolition of the death penalty in Australian constitutional law, have University of Iowa Responds (Leiden, Boston: Martinus Nijhoff just what the framers of the Australian internationally such as through acceptance of the Second Optional Protocol sophisticated, up-to-date knowledge Iowa City, Iowa Publishers, 2006) xxii, 628p. Constitution said about the Constitution to the International Covenant on Civil and Political Rights (ICCPR). To of American constitutional law. The USA of the United States, how much they that end, Australia’s opposition to the death penalty should not only be ANU College of Law is a wonderful The volume is the outcome of an relied (or didn’t rely) upon the American articulated formally through treaty obligations and also by leading members combination of warmth, congeniality, International Conference held in February Constitution, how much they understood of the government of the day, but also by Departments and agencies of the and intellectual dynamism. 2004 in Adelaide. The Conference featured government such as the AFP. Australia’s position in this area would also be an impressive array of speakers, including strengthened if it not only expressed its opposition to the death penalty scholars, senior members of governments when the lives of Australian’s were at stake, but more generally when the and of the civil service, judges, officers death penalty was being imposed in any case. from international organisations, military Australia & the Death Penalty Forum personnel and representatives of civil society The second outcome was support for the proposition that Australia should including human rights lawyers and activists. be seeking to pursue a diplomatic initiative to build a regional coalition This is reflected in the variety of perspectives By Professor Donald Rothwell of States opposed to the death penalty. To that end, it was seen as being of analysis of the conference papers. Indeed, valuable for Australia to directly initiate a campaign with respect to those even if the book’s title seems to highlight CIPL hosted an important forum on Australia and the Death Penalty at the National countries in the region where Australian’s find themselves immediately at only the ‘international law’ perspective, the Museum of Australia on 27 November 2006, to coincide with the one year anniversary risk either because of the severity of the nature of the death penalty or reader will find also remarkable contributions of the execution of Van Nyugen Tuong in Singapore 2005. The event attracted a because of the number of Australian’s frequenting that country. Singapore in several other areas, including public variety of speakers giving consideration to both the legal and policy issues confronting was seen as an example of such a country. In addition, there would be law and legal theory, political studies and Australia in the wake of the Van Nguyen case and with six Australian members of value for Australia to link with like-minded countries in the region in the international relations, peace and conflict the ‘Bali Nine’ having also been sentenced to death in Indonesia. The first panel development of such an initiative. New Zealand and the Philippines (which studies, refugee studies, cross-cultural commenced with Bob McMullan MP (Federal Member for Fraser) highlighting the recently acceded to the Second Optional Protocol to the ICCPR) were psychology and cultural anthropology. bipartisan opposition to the death penalty in Australian politics but expressing concern identified as probable partners. Finally, given Australia’s record of seeking that the Howard Government’s support for the execution of non-Australians gave to promote human rights within the Asia Pacific and regularly engaging in With the end of the Cold War, armed Professor Donald Rothwell mixed messages to some of our regional neighbours. Miriam Gani (ANU College of human rights dialogue with various countries it was seen as viable to link conflicts of both an international and non- Law) addressed the role of the Australian Federal Police (AFP) in the gathering of a human rights campaign with the abolition of the death penalty of which international character have mushroomed intelligence which lead up to the arrest of the Bali Nine and the inconsistency between China would be a clear State within which to promote such a campaign. in the five continents. The international community has responded through a new activism in the field of the maintenance of peace and security. This encompasses instances of decentralised response by States acting individually or through ad hoc

 CIPL NEWSLETTER ISSUE September 2007  CIPL NEWSLETTER ISSUE September 2007 Paraphrasing Boutros Ghali’s words in the Last but not least, Part four looks BOOK REVIEW Agenda for Peace, one may synthesise to the role of the UN, humanitarian CIPL & NCIS continued the book’s philosophy as follows: the organisations and peacekeepers in post- As indicated in the last CIPL newsletter, CIPL and the National Centre for Indigenous notions of peace and international conflict scenarios, as well as to their Studies (NCIS), both housed in the ANU College of Law, have developed a partnership coalitions, but above all a revitalised security are difficult to grasp and new action to try to prevent, contain and arrangement based on friendship and the promotion of international Indigenous action of international organisations, risks for stability must therefore be bring conflicts to an end. peoples rights. as well as a massive response of the addressed in every phase of conflicts. The As a general observation on the different civil society mostly through the action logic of conflict prevention is the need As a celebration of this partnership CIPL aims to increase Indigenous content in its topics analysed, one cannot but agree of NGOs. In a milestone report (An to identify at the earliest possible stage newsletter and publications, increase its engagement with Indigenous academics, with one point that Professor Ivan Agenda for Peace: Preventive Diplomacy, situations that may produce conflict, particularly those working in fields associated with international Indigenous peoples Shearer makes in his foreword to the Peacemaking and Peace-keeping) as well as the timely elimination of the rights and public law and international law, as well as increase our efforts to ensure book: “As these essays reveal, structures submitted in June 1992, UN Secretary- sources of danger. In the introduction Indigenous issues are canvassed at our discussion forums and workshops. and processes have been developed General Boutros-Boutros Ghali presented to the book, the editors identify one of that provide a framework within which his analysis and recommendations on the key features of Part one in the idea We are delighted that Professor Mick Dodson’s term on the United Nations Permanent effective measures can be taken to ways of strengthening and making that commitment to a democratic form Forum on Indigenous Issues has been extended for a further three years. deal with all aspects of contemporary more efficient the capacity of the UN of government is normally an effective conflicts. What is most urgently required to address the new challenges of armed bulwark against the occurrence of For further information see: conflicts. Contributions in this section is the political will to make these conflicts in all their stages. The Secretary- http://info.anu.edu.au/mac/Media/Media_Releases/_2007/_May/_020507_DodsonUN.asp structures work.” General correctly pointed out that the therefore concentrate on key issues sources of conflict are pervasive and deep such as: good governance, ethnicity, Furthering this association between CIPL and NCIS, Professor Jon Altman, Director of It goes without saying that the list of and go well beyond military threats. He nationality, identity, social, cultural the Centre for Aboriginal Economic Policy Research (CAEPR) participated in the Senate the topics potentially falling within therefore mentioned in his report key and religious factors, discrimination, Committee System seminar and an extract from his paper is included here. such an ambitious piece of work may issues such as “the respect for human exclusion, threat, security and be extended, or cut, for largely arbitrary rights and fundamental freedoms”, “the responsibility to protect. reasons. Still, if I may, it is my opinion promotion of sustainable economic and Some Views based on Recent Experience with Land Rights Reform In Parts two and three, the main focus that in a reappraisal of international social development for wider prosperity, of the analysis shifts towards the phase responses to conflicts, at least two other action to alleviate distress and to curtail Extracts from the paper presented by Professor Jon Altman, CAEPR, ANU at the of post-conflict and peace-building, major topics, as mentioned inter alia the existence and use of massively Reforming the Senate Committee System seminar 15 September 2006, National even if the dividing line between the in the Agenda for Peace, would have destructive weapons”. Along the avenues Museum of Australia. To hear the full paper go to: two parts is not totally clear with respect definitely deserved more attention: indicated by the Secretary-General more http://anu.edu.au/cipl/Archived%20Downloadable%202006%20Past%20Events.htm to the repartition of some papers. 1. the environment and sustainable than a decade ago, the book in review Part three brings together papers on development, including the issue of here provides academics, practitioners, This paper examines the effect of government control of the Senate in the pre 11 topics of international criminal law and water as a source of conflict 2. the issues as well as the broader public with a September 2006 Senate Committee System. In particular, it looks at the actions of international humanitarian law, and of disarmament and of the prohibition/ topical analysis of the international the Senate Community Affairs Legislation Committee during its inquiry into the papers dealing with the resort to the use restrictions on some weapons, means and community’s response to the sources and Aboriginal land Rights (Northern Territory) Amendment Bill 2006. It does not look at of international force (in other words, methods of warfare. consequences of modern armed conflict. the substance of the amendments, nor the final report. Rather, it is the process that the so-called jus ad bellum, as distinct was gone through that is the essence of the paper. However, this does not deprive the book The book includes 31 contributions, from the jus in bello, or International of its indisputable merits, among which divided into four thematic parts: Humanitarian Law [IHL]) and issues of The Bill was introduced into the House Of Representatives on 31 May 2006 and the State responsibility. However, the two the outstanding contribution towards Senate on the 19 June 2006. Two days later it was referred to the Community Affairs a deeper understanding of the topics I. Causes and prevention of conflict sections taken together undoubtedly Legislation Committee to seek the opinions of the broader community, especially the provide the reader with original and analysed in its different parts. The Indigenous people and communities to be most effected by the Bill as well as experts II. Conflict resolution and peace- thought-provoking insights on the papers aim to relate theory to practice, about the potential consequences of proposed amendments. building way in which States, civil societies and thus giving content and actuality to the international organisations address (or broader conceptual framework. Also, The Committee was given a time frame of three weeks to receive submissions (a total of III. International criminal law, fail to address) the issues arising in the what stands out from this remarkable only 15 were received) and a month-and-a-half after the Bill first entered the Senate, humanitarian law and State phase of post-conflict peace building: collection of essays is the coherence of it was passed. The Committee, the Australian Labour Party, Australian Democrats and responsibility institution and State building, the the theme and framework throughout Australian Greens each released reports claiming that the consultation time frame was response to violence against civilians the book. The editors must therefore inadequate. There was not enough time to write submissions, the one day of public IV. The role of the UN, humanitarian (one may mention here some papers be acknowledged for their successful hearing allowed only eight witnesses to appear at one locality Darwin, and those most organisations and peacekeepers in dealing with violence against women and effort in bringing different bodies of affected by the proposed laws, were unable to have their views heard. post conflict situations. children), post-conflict administration research and literature into a more of justice. comprehensive, interdisciplinary analysis It is clear from this case that government control of the Senate has some worrying Needless to say, the four sections must of the international community’s consequences. Minority sections of Australian society, such as the Indigenous people not be seen as water-tight areas: several current responses to the challenges of in this case, will increasingly be neglected and their views disregarded. ‘Bad laws’ could contributions could therefore have been armed conflict. be rushed through the parliament because complex laws take longer to consider by all included in more than one section. parties; and finally, the loss of goodwill that the Senate committee system was held in by those interested in the formulation of laws is being jeopardised, especially if the Committee system starts to operate as a pre-determined ‘rubber stamp’ process.

 CIPL NEWSLETTER ISSUE September 2007  CIPL NEWSLETTER ISSUE September 2007 EVENTS: Sources & Trends in Post 9/11 Whales, Antarctica, The Role of Foreign Law in the US Domestic Legal System Anti-Terrorism Law Diplomacy & the Justice Sandra Day O’Connor August 2006–September 2007 Professor Kent Roach, Law: Humane Society Lecture: 12 September 2006 University of Toronto International v Kyodo Discussion Group: 25 August 2006 Former United States Supreme Court Justice Sandra Day O’Connor, the first woman to Seminar: 4 September 2006 be appointed to the Supreme Court, visited the ANU College of Law and addressed a Professor Kent Roach visited CIPL for the packed lecture theatre on the role of foreign law in the United States domestic legal day. He presented a lunchtime seminar This seminar considered the case of system. This was one of two events drawing a huge crowd for 2006. The other was the examining UN Security Council Resolutions Humane Society International Inc earlier lecture by Major Mori on the 17 August 2006. 1373 and 1624 and Britain’s Terrorism Act v Kyodo Senpaku Kaisha Ltd [2006] 2000 as three influential sources that have FCAFC 116, a decision of the Full Bench encouraged states to enact laws against the of the Federal Court, and the important US Military Commissions & International Humanitarian financing of terrorism, to use immigration issues it raised. Specific issues included how best to effectively protect the Law in the ‘War on Terrorism’ law as anti-terrorism law, to employ broad definitions of terrorism and to enact laws Antarctic marine environment and the Major Michael Mori, US Marine Corp against terrorist speech. He argued that the Antarctic environment more broadly, Lecture: 17 August 2006 implications of these trends in anti-terrorism the potentially serious politico-legal implications of the case within the Over 500 people attended this Solferino Seminar, hosted by CIPL and law for either security or human rights have not been carefully thought out and some present Antarctic regime and the the Australian Red Cross. Major Michael Mori spoke on US Military relationship between foreign affairs Commissions and IHL in the ‘War on Terrorism’. possible remedies for the trendy nature of anti-terrorism law were considered. and the courts from the standpoint of justiciability of Executive pursuit of To listen to the audio version of the lecture please visit CIPL’s website: external affairs. Speakers included Chris http://law.anu.edu.au/cipl/events.asp To listen to the audio version of the lecture please visit CIPL’s website: McGrath, Barrister, Junior Counsel for Professor Michael Coper with Justice Sandra Day O’Connor http://law.anu.edu.au/cipl/events.asp Humane Society International; Alan D. Hemmings, Senior Fellow, Gateway Antarctica, University of Canterbury; Henry Burmester AO, QC, Chief General Governments & Gardening: Human Rights Obligations for Counsel, Australian Government Violations by Transnational Corporations Overseas Security & Indefinite Solicitor; Don Anton, Senior Lecturer in Professor Robert McCorquodale Law, ANU College of Law and Donald Major Michael Mori and Professor Michael Coper Immigration Detention in the Discussion Group: 12 September 2006 R. Rothwell, Professor of International Supreme Court of Canada: The Law, ANU College of Law. Impact of the Charter of Rights Robert McCorquodale led a discussion on state responsibility for extra-territorial Making a new international law: violations of human rights by corporate nationals. He looked at the circumstances Hague Convention on Maintenance Obligations Mr Rayner Thwaites a state is responsible under international human rights law for its transnational Discussion Group: 29 August 2006 Free Speech, Hate Speech & corporations violating human rights when operating outside its territory. Seminar: 23 August 2006 Human Rights in Australia Mr Rayner Thwaites, Visitor, Centre for Workshop: 8 & 9 September 2006 An audio version of Professor McCorquodale’s talk is available at: In 1999 The Hague Conference on Private International Law concluded Comparative Constitutional Studies, http://law.anu.edu.au/cipl/events.asp that the five international conventions on enforcement of maintenance University of Melbourne and a PhD obligations and their applicable law were inadequate. In 2003 the Special CIPL was one of several groups candidate at the University of Toronto sponsoring the two day workshop Commission on the International Recovery of Child Support and Other led a lunchtime discussion on the use of Forms of Family Maintenance was convened to draft a new maintenance in early September. Topics included human rights arguments in deportation and the history of hate speech and the convention. The fourth session of the Special Commission was completed in indefinite detention cases in both Canada June 2006, and the final ‘diplomatic session’ to finalise the text is scheduled challenges it presents to the Australian and Australia. He spoke about the Canadian legal system. to convene in 2007. Charter of Human Rights and Freedoms and noted the impact that the absence of such a Katherine Gelber and Adrienne Stone This seminar saw Professor John Sampson, University of Texas, School of Law document has in Australian cases. and Member of the US State Department delegation to the Hague Special have published an article based on Commission, as well as Ms Dolores Schneider, Director, Legal Services, Child their presentation in the recent edition To listen to the audio version of the of ASSA. Support Agency and Zoe Cameron, Senior Adviser, Child Support Agency, lecture please visit CIPL’s website: both of whom were Australian Representatives at the June 2006 meeting of http://law.anu.edu.au/cipl/events.asp The article is also available on CIPL’s the Hague Special Commission speak about child support in their respective website at: countries. Special thanks to Professor Jane Stapleton from the former Professor Robert McCorquodale and Professor Kim Rubenstein http://law.anu.edu.au/cipl/events.asp Law Programme at Research School of Social Sciences, now with the John Fleming Centre at the ANU College of Law for initiating this seminar.

 CIPL NEWSLETTER ISSUE September 2007  CIPL NEWSLETTER ISSUE September 2007 Same-Sex Marriage/ Contradictions in Constitutional Construction: Executive Power Constitutionalism & Their in Australia & the US Centrality To Equality Professor Kenneth Mayer Rights In Hong Kong: A (Fulbright-ANU Distinguished Professor of Political Science) Discussion Group: 24 October 2006 Comparative Socio-Legal Reforming the Senate Committee System International Lawyers as Appraisal Professor Mayer led a discussion evaluating the problems associated with using Seminar: 15 September 2006 Grantors or Withholders of Mr Phil Chan conventions as a substitute for constitutional language and addressed the question: What happens when a constitution does not mean what it says? Foreign Policy Legitimacy: Discussion Group: 20 October 2006 This very successful seminar, hosted by CIPL and the ANU Parliamentary Studies Centre, took place over the course of one morning at the National Delimiting the Scope of the Mr Chan was a visitor at the Asia- An audio version of Professor Mayer’s talk is available at: Museum of Australia. Senators Marise Payne, Joe Ludwig and Andrew International Lawyer’s Pacific College of Diplomacy at ANU. http://law.anu.edu.au/cipl/events.asp Bartlett as well as the Clerk of the Senate, Mr Harry Evans presented their Political Agency He took a comparative, socio-legal to views on the reforms to the Senate Committee system, giving those in his discussion on homosexuality and Dr Shirley Scott attendance a unique look from the perspective of those intimately involved the protection of sexual minorities. Discussion Group: 26 September 2006 with the system. After a break people who use, but are not part of the While the talk focused on Hong Kong’s system voiced their views. These included Richard Gilbert, CEO of Investment approach to same-sex marriages, Mr Dr Scott presented a paper on the effect and Financial Services Association, Professor Jon Altman, Director of Chan also discussed civil partnership international lawyers can have on the the Centre for Aboriginal Economic Policy Research and Professor John registration at the British Consulate perceived legitimacy of government Warhurts, School of Social Sciences, ANU. See the extract from Professor under the Vienna Convention on actions. Focusing on the US and the War Altman’s paper in the feature on CIPL and NCIS in this newsletter. Consular Relations and the European in Iraq, Dr Scott spoke of factors that both Convention on Human Rights. permit international lawyers the power to Audio of both sessions is available at: act as grantors of foreign policy legitimacy Professor Kenneth Mayer and Ms Amelia Simpson http://law.anu.edu.au/cipl/events.asp An audio version of Mr Chan’s talk as well as what limits their capacity to is available at: fulfil their roles. http://law.anu.edu.au/cipl/events.asp Beyond Reasonable Doubt: Proving Genocide in Srebrenica An audio version of Dr Scott’s talk is Mr James Stewart available at: Lecture: 25 October 2006 http://law.anu.edu.au/cipl/events.asp The Murphy Legacy in Troubled Times Another successful Solferino Seminar was jointly hosted by CIPL and the IHL Committee Seminar: 21 October 2006 of the Australian Red Cross ACT. Mr James Stewart’s experience as an Appeals Counsel for the prosecution on the United Nations International Criminal Tribunal for the CIPL and the National Institute of former Yugoslavia, gave all attendees a unique insight into the investigations and Social Science and the Law jointly evidence that established General Radislav Kirstic’s responsibility for the genocide hosted this seminar looking at the in Srebrenica. effect Lionel Murphy had on law in Australia. Described as both a maverick and a reformer, Graham Workshop: Governing (& Representing) Women: Fricke QC looked at the links between Local, National & Global Approaches Lionel Murphy and William O. Douglas, Workshop: 2 November 2006 Sue Tongue presented on Lionel Dr Shirley Scott at CIPL Discssion Group on Murphy as Law Reformer, Dr Jocelynne Panel one members of the Reforming the Senate Committee System Seminar This workshop brought together academics both junior and senior from around the 26 September 2006 Scutt presented on ‘Lionel Murphy vs world to discuss approaches to women and constitutional and international law. The Chilling Effect’ and Dr Tom Faunce Developing on from a 2003 workshop initiated by Professor Kim Rubenstein, the highlighted excerpts from Murphy’s The Thrills & Perils of Encountering the workshop was considered a success by all who attended. The use of video conferencing Forge v Australian Securities and judgments that showed his prescience Australian Constitution facilities to link scholars around the world (Professor Judith Resnik, Yale University and Investments Commission [2006] and conscience. Professor William G. Buss Professor Beverley Baines, Queens Univesity) worked well and the success of the use of HCA 44 this technology can be seen in the video recording of the event on CIPL’s website. This Discussion Group: 21 September 2006 An audio version of the seminar Informal Discussion Session: 5 October 2006 event also coincided with the Ninth Geoffrey Sawer lecture by Professor Vicki Jackson is available at: from Georgetown University and the visit of Professor Jane Mansbridge from Harvard Professor William B. Buss, an O.K. Patton Professor, University of Iowa http://law.anu.edu.au/cipl/events.asp College of Law gave an informal talk, outlining his experiences with the This informal discussion was held over lunch for the Passmore lecture at RSSS. Australian Constitution before making some comments about comparative led by Dr Fiona Wheeler, Mr James Stellios constitutional law. and Dr Adrienne Stone from ANU as well Audio and video of the workshop are available at: as Ms Sandra Power from the Attorney http://law.anu.edu.au/cipl/events.asp See also Professor Buss’s contribution in this newsletter regarding his visit General’s Department. The discussion was to ANU. both productive and informative.

10 CIPL NEWSLETTER ISSUE September 2007 11 CIPL NEWSLETTER ISSUE September 2007 Transnational Challenges to Constitutional Law: Convergence, Perspectives on Accountability Prosecuting Commercial Pirates Resistance, Engagement Eleventh Annual Public Law Weekend Plunder of the Democratic Dr Gerry Simpson Professor Vicki Jackson Conference: 3-4 November 2006 Republic of Congo Discussion Group: 20 November 2006 Ninth Geoffrey Sawer Lecture: 2 November 2006 The Eleventh Annual Public Law Weekend Mr James Stewart Dr Simpson’s seminar focused on the idea that there are ‘enemies of mankind’. Lecture: 8 November 2006 Professor Vicki Jackson, the Ninth Geoffrey Sawer lecturer from Georgetown Conference was held with the slightly A special emphasis was placed on pirates. University in Washington DC spoke on the different approaches to the use of different focus, linking constitutional law and administrative law through the Mr Stewart addressed the liability An audio version of the talk is available at: http://law.anu.edu.au/cipl/events.asp transnational sources of law in constitutional interpretation. Her paper for this of business entities and their lecture will be published in the next volume of the Federal Law Review. theme of ‘Perspectives on Accountability’. The approach of developing an representatives for the plunder of overarching theme was a great success. natural resources during conflict. An audio version of Professor Jackson’s talk is available at: Focusing on the Democratic Republic Do terrorists have any rights or responsibilities http://law.anu.edu.au/cipl/events.asp It was a well attended conference with under the laws of war? more than 90 participants present. CIPL of Congo (DRC), the talk also spoke received wonderful feedback from the about the Conclusions of the Security Hypothetical: participants about each of the sessions. Council appointed Panel of Experts Monday 20 November 2006 Speakers included both national and on Illegal Exploitation of Natural international experts. Contributions have Resources in the DRC. This was the CIPL and the ACT Red Cross IHL Committee held a highly successful “Hypothetical” on been posted as they were received from second seminar by Mr Stewart for Monday 20 November 2006. Guided by Dr Gerry Simpson, a panel of experts discussed the speakers. CIPL in 2006. legal, moral, and policy issues relevant to the question, “Do terrorists have any rights or responsibilities under the laws of war?” Experts included Nicole Hogg (ICRC), Papers from the Conference are An audio version of the talk is Senator George Brandis, journalist Jack Waterford, Bishop Patrick Power, and Dr Sue available at: available at: Wareham. The 200 members of the audience enjoyed a lively, entertaining exchange http://law.anu.edu.au/cipl/events.asp http://law.anu.edu.au/cipl/events.asp of views, using scenarios based on a fictional conflict involving two island nations, Amphibia and Bottlenose.

Official Languages and Bilingualism in the Courtroom: Hong Kong, Canada, the Republic of Ireland, and International Law Mr Phil Chan Discussion Group: Wednesday 22 November 2006

Mr Chan used the Hong Kong case of Re Cheng Kai Nam Gary, in which an appeal was heard against the trial judge’s refusal to allow a case to be heard in Cantonese, CIPL members Dr Gabriele Porretto and or to appoint a bilingual judge, as a starting point for a Professor Vicki Jackson from Georgetown University with Professor Michael Coper and Judicial Review – 2005 and 2006 panel members Professor Kim Rubenstein Professor Kim Rubenstein with speaker Mr discussion on international law’s role in the protection of James Stewart language rights in the courtroom. Mr Chan also referred to Canada and Ireland’s bilingual court proceedings to illustrate his point. Conspiracy at Tokyo: The Tokyo Tribunal & the An audio version of the talk is available at: http://law.anu.edu.au/cipl/events.asp Concept of Conspiracy in CIPL seminar speaker Mr Phil Chan International Criminal Law Associate Professor Neil Boister Lecture: 15 November 2006

CIPL and the IHL Committee Australian Dinner Speaker Justice John Basten with Red Cross ACT joined together again Professor Michael Coper to present another Solferino Seminar. In this lecture, Neil Boister spoke about Tokyo’s decision to charge Crimes against Peace as a conspiracy. Boister examined the evolving nature of the conspiracy charge throughout the trial, and used it to illustrate the historical and legal validity of such charges. Participants of Governing (and Representing) Women Workshop An audio version of the talk is Dr Michael Carrel, former Chair of the IHL Committee of the Australian Red Cross ACT and Professor Kim Rubenstein with speaker Associate Professor Neil Boister from University of Canterbury available at: http://law.anu.edu.au/cipl/events.asp

12 CIPL NEWSLETTER ISSUE September 2007 13 CIPL NEWSLETTER ISSUE September 2007 Treaty Crimes: Why They Aren’t International Crimes An Ever More Social Union? How not to try a former Head Informal meeting with Graduate Students Associate Professor Neil Boister - Constitutionalisation of State: Lessons learnt at the Professor James Hathaway Discussion Group: 23 November 2006 of the European Union Milosevic Trial Meeting: 26 February 2007 Through Human Rights Professor Tim McCormack, Professor Boister’s seminar rejected the claim that treaty crimes should be Graduate students had an invaluable opportunity to speak to and receive feedback Melbourne University international crimes. He engaged in a lively discussion concerning the legal nature and Citizenship Law from one of the foremost refugee experts in the world. As the founding director of Lecture: 8 February 2007 of treaty crimes and the negative impact that the identification of treaty crimes as Dr Katja S. Ziegler the University of Michigan’s Program in Refugee and Asylum Law, a Senior Visiting international crimes would have on the law. Discussion Group: 15 December 2006 Research Associate at Oxford University’s Refugee Studies Program, Professor CIPL and the IHL Committee of the Hathaway’s experience is indisputable. Those who attended found the meeting to be Australian Red Cross ACT presented An audio version of the talk is available at: http://law.anu.edu.au/cipl/events.asp interesting as well as a great help to their studies. CIPL and the National Europe Centre, Professor Tim McCormack in the first ANU presented Dr Ziegler, the Deputy Solferino Seminar for 2007. Professor Director of the Institution of European McCormack spoke about his experiences Canberra launch of Sir Ninian Stephen: A Tribute Death Penalty and Comparative Law at the University as an amicus curaie to the International Book Launch: 27 February 2007 Forum: 27 November 2006 of Oxford. Dr Ziegler spoke about the Criminal Tribunal for the Former increased recognition of human rights in Yugoslavia and the impact Milosevec’s The Canberra launch of the book Sir Ninian Stephen: A Tribute was a huge success. CIPL brought together two panels of experts to discuss with attendees the the different instruments of the EU. She death has had on justice in Yugoslavia. Edited by Professors Tim McCormack and Cheryl Saunders, the book contains a diplomatic, political and legal issues that arise when an Australian citizen faces the presented a persuasive argument that the The seminar was enjoyed by all who collection of essays by Australia’s most respected legal, political and diplomatic figures. ‘death penalty’ in an overseas jail. With a particular focus on Indonesia and East inclusion of economic values into the law attended. Professors Kim Rubenstein and Hilary Charlesworth, both members of CIPL contributed Asia, the forum examined Australia’s experiences to date, as well as the challenges of the EU leads to new hierarchies in the chapters to the book while the foreword to the book is written by CIPL Board Member the future might hold. See Professor Don Rothwell’s account in this newsletter. law and to constitutionalism “through” A powerpoint for Professor Tim the back door. McCormack’s talk is available at: Justice Michael Kirby. The book was launched by The Hon AM Gleeson AC, Chief Justice http://law.anu.edu.au/cipl/events.asp of the High Court of Australia and both Sir Ninian and Lady Stephen were present for An audio version of the talk is the launch, as was Tim McCormack, together with five of the seven current High Court available at: Judges. A copy of the book Sir Ninian Stephen: A Tribute can be purchased from the Melbourne University Press. http://law.anu.edu.au/cipl/events.asp Teeming Voids: International Legal Authority, Torture, and the Claim to Conscience Dr Fleur Johns Discussion Group: 21 February 2007

Panel one members of Death Penalty Forum Panel two members of Death Penalty Forum Dr Jones spoke about the murky relationship between international law and its more shadowy domains. In particular the necessity of their New South Wales v The Commonwealth (the WorkChoices Case) Dr Katja S. Ziegler and Professor Kim Rubenstein [2006] HCA 52 interaction was questioned. Dr Johns’ experience in the international law field Informal Discussion Session: 1 December 2006 Informal meeting with His made her an extremely engaging speaker With the Australian Association of Constitutional Law) and the seminar was a definite success. Excellency Judge Christopher This discussion was led by Elisa Arcioni, James Stellios, Adrienne Stone, Heather Roberts Weeramantry, former Judge An audio version of the talk is and Leslie Zines and Vice President of the available at: http://law.anu.edu.au/cipl/events.asp International Court of Justice The One Court that Congress Cannot Take Away: In conjunction with CIPL Afternoon tea: Singularity, Supremacy, and Article III 7 February 2007 Professor Laurence Claus, University of San Diego, School of Law Discussion Group: 11 December 2006 The Centre’s first afternoon tea this year was held in great fashion with In his seminar Professor Claus talked about the constitutional case against the His Excellency Judge Christopher jurisdiction-stripping provisions of the Military Commissions Act 2006. In particular Weeramantry in attendance. His the legality of the new provisions allowing Congress to restrict the Supreme Court’s Excellency met with staff and with powers were examined. individual graduate students. We look forward to welcoming him back again in Sir Ninian Stephen: A Tribute launched in Canberra by The Hon A.M. Gleeson AC, Chief Justice of Australia The paper that accompanies the talk is available at: the future. http://law.anu.edu.au/cipl/events.asp

14 CIPL NEWSLETTER ISSUE September 2007 15 CIPL NEWSLETTER ISSUE September 2007 ICJ Genocide Judgment David Hicks in Court: An Against Public Interest Roach v Australian Electoral Dr Gabriele Porretto & Ms Sarah Update on Court Action in Standing in Administrative Commissioner McCosker Australia and the US Law: exploring a non- Discussion Forum: 13 June 2007 Discussion Group: 3 April 2007 Lecture: 11 April 2007 individualist constitutional Recognising the importance of the The ICJ Genocide Judgment seminar This was another well attended CIPL argument case of Roach v Australian Electorial was an interesting and informative event. There was standing room only Ms Hanna Wilberg Commissioner, CIPL and ACT Chapter session. Gabriele Porretto and Sarah to see Professors Don Rothwell, Hilary Discussion Group: 17 May 2007 of the Australian Association of McCosker spoke of the ICJ’s recent Charlesworth and Kim Rubenstein, Constitutional Law organised a discussion decision in the Case Concerning the along with Dr Christopher Ward, speak Hanna Wilberg talked on the possible forum to be held almost immediately Application of the Convention on the about past, current and future issues adoption of a doctrine of public interest after the case was finished being heard Prevention and Punishment of the Crime concerning David Hicks and his court standing in Australian administrative by the High Court. Speakers included of Genocide (Bosnia and Herzegovina v actions. The seminar was chaired by law. Outlining the development of Professor Kim Rubenstein and Amelia Serbia and Montenegro). They provided Professor Rothwell. The three speakers public interest standing both in Simpson (both members of CIPL) and Phil a brief overview of the case before in their talks raised issues of public Australia and around the world, Wilberg Lynch (solicitor for the applicant). concentrating on the court’s findings law, both in Australia and on the went on to examine its compatibility A wide selection of people from both the on the legal characterization of the international arena, and citizenship with the constitutional role Australian academic and professional communities Srebrenica massacre and the question of issues. There was a lively discussion to courts have. turned up to hear the three distinguished State responsibility for such events. This finish up the seminar. speakers discuss the issues arising in the lunchtime seminar was very An audio version of Hanna Wilberg’s case as well as how a possible outcome well attended. To listen to the audio version of the talk is available at http://law.anu.edu. will affect citizenship rights in Australian The Hon Sir Ninian Stephen saying a few words at the book launch lecture, visit: au/cipl/events.asp constitutional law. Handouts for this seminar are available http://law.anu.edu.au/cipl/events.asp at: http://law.anu.edu.au/cipl/events.asp Methanex and Saluka: The Pre-Emption of Nuclear The Prosecution of Mikhail Towards a Re-definition of Indirect Expropriation in International Investment Weapons Khodorkovsky Arbitration? Professor Tim Bakken Mr Robert Amsterdam Professor August Reinisch Lecture: 14 June 2007 Discussion Group: 16 March 2007 Discussion Group: 24 May 2007 CIPL joined with the ANU Cultures Professor Reinisch spoke on the recent rulings by two different international There was standing room only to hear of Human Rights Network and Civil tribunals about their rulings in Methanex Corporation v. United States of America Professor Tim Bakken speak of the Liberties Australia to present Robert and Saluka Investments BV (The Netherlands) v. The Czech Republic. Professor advantages and disadvantages to a Professor Hilary Charlesworth, Professor Donald Amsterdam, founding partner of Reinisch examined the questions these findings have raised as to the present day R. Rothwell, Professor Kim Rubenstein and Dr doctrine of nuclear pre-emption. Using Canadian law firm Amsterdam & Peroff. content of the international law on indirect expropriation, and in particular, whether Dr Gabriele Porretto and Ms Sarah McCosker Christopher Ward at the David Hicks Seminar Iran’s development of nuclear weapons Those present listened to Amsterdam the traditional approach focusing on the intensity of interference with investor as well as the conflict between Iran and speak of the challenges he has faced in rights may have been replaced by a broad police powers doctrine immunizing state Israel to illustrate his argument, Bakken the past four years defending political action against claims of de facto expropriation. Choosing the Corporation - effectively spoke of the international legal, political and security issues that prisoner Mikhail Khodorkovsky—the A Corporate Lawyer Looks at former CEO of Russian oil giant Yukos. An audio version of the talk as well as Professor Reinisch’s powerpoint are surround such a doctrine and ensured a Work Choices Amsterdam also looked at the case from available at: http://law.anu.edu.au/cipl/events.asp lively debate between attendees at the Professor Harry Glasbeek conclusion of his speech. a wider perspective, arguing that the Discussion Group: 3 May 2007 prosecution of Mikhail Khodorkovsky is An audio version of Professor Bakken’s not an isolated example of the dangerous In conjunction with ACT branch of the talk is available at: economic, political and foreign policy Australian Labour Law Association, CIPL http://law.anu.edu.au/cipl/events.asp developments that are now apparent hosted a lunchtime session with Professor in Russia. Glasbeek, Professor Emeritus and Senior Scholar at Osgoode Hall Law School, York An audio version of Robert University, Toronto. Professor Glasbeek is Amsterdam’s talk is available at: currently a Visiting Professorial Fellow at http://law.anu.edu.au/cipl/events.asp Victoria University.

To listen to the audio version of the lecture, visit: http://law.anu.edu.au/cipl/events.asp

Mr JP Fonteyne, Professor August Reinisch and Dr Mark Nolan

Professor Harry Glasbeek’s seminar 16 CIPL NEWSLETTER ISSUE September 2007 17 CIPL NEWSLETTER ISSUE September 2007 Women’s Status, Men’s States The Judicial System & Role of Law & Human Rights in China UPCOMING EVENTS Twelfth Annual Public Law Professor Catharine A. MacKinnon, the Supreme Court in Israel The Hon. David Kilgour and David Matas Weekend University of Michigan Justice Salim Joubran Seminar: 4 September 2007 Death of the Rule of Law? Lecture: 26 July 2007 Seminar: 16 August 2007 Between Idealism & 9-10 November 2007 Participants of the Fifteenth Annual ANZSIL Well over 50 people turned up to hear Visions Theatre, National Museum of Conference Pragmatism: An Insider’s Once again a well-attended public these two Canadian lawyers speak of Australia, Canberra Those who attended Justice Joubran’s Reflections on Models of FIFTEENTH ANNUAL lecture was organised by CIPL and the talk were rewarded with an informative human rights in China. David Matas The 2007 Public Law Weekend asks ANZSIL CONFERENCE Centre for International Governance and and insightful view into the Israeli Court looked at the use of the law in China in International Justice the question, is Australian society Justice. Professor Catharine MacKinnon System. Justice Joubran openly spoke of its treatment of the Falun Gong and, in Magda Karagiannakis facing the ‘Death of the Rule of Law’? Restoring the Rule of Law in is an expert in sex equality issues under particular, the harvesting of organs from International Affairs both the positive and negative aspects Monday 8 October 2007, 12.30pm This powerful phrase was used by international and constitutional law. of the Supreme Court and its place is the Falun Gong practitioners for transplants. McDonald Room, R.G. Menzies Justice Dyson Heydon in his article 28–30 June 2007 In this lecture Professor MacKinnon Israeli justice system. David Kilgour spoke on China’s role in Building (2), ANU Judicial activism and the death of the spoke of the ‘male’ characteristics of Sudan and Darfur, as well as the possible (Presented in conjunction with the rule of law (2003) 23 Australian Bar After months of hard work the 15th the international legal system and why future development of China’s role in Centre for International Governance Review 110. Annual ANZSIL Conference was declared sexual violence has been so central to The Case of Dr Haneef the international society with regard to and Justice) a big success. Over 150 participants women’s international advancement. She human rights. The Centre for International and Discussion Forum: 30 August 2007 converged upon Canberra to discuss concluded by speaking of the potential Public Law (CIPL) invites you to the significance of the rule of law in of international law for women’s rights An audio version of the seminar is It was a full house that came to hear Litigating Genocide in Canberra over Friday 9 to Saturday international affairs. Keynote speakers around the world. available at: about the legal significance of the 10 November, to explore rule of law included Judge C.G. Weeramantry http://law.anu.edu.au/cipl/events.asp International Courts Federal Court case, Haneef v Minster issues in the context of the Executive (former Vice-President, International Magda Karagiannakis for Immigration and Citizenship [2007] and Judicial branches, as well as in Court of Justice), Dr David Freestone Monday, 8 October 2007, 5.30pm The New System of FCA 1273. Speakers included Jennifer particular areas of public law. In (The World Bank) and Ambassador Peter Law Theatre, ANU College of Law, International Justice in the Clarke, Michael Smith, Sue Tongue and High Court’s recent decisions addition the public law weekend Donigi from Papua New Guinea. The (Presented in conjunction with the James Jupp. Chaired by Professor Kim will review some of the important conference dinner was again a highlight Wake of the International in Thomas and White Centre for International Governance Rubenstein, participants engaged in a High Court decisions of the year and of the three days with the dinner speaker Criminal Court Informal Discussion Forum: and Justice and the International lively discussion with the speakers which hold an important book launch. As Anna Funder (award winning author of 19 September 2007 Humanitarian Law Committee, Mr Luis Moreno-Ocampo, First Prosecutor left everyone more aware of the impact an added bonus, the 2007 Geoffrey Stasiland) entertaining all present with of the International Criminal Court Australian Red Cross ACT) Sawer lecture will be part of such a case can have on many aspects of An informal meeting of staff and PhD a humorous account of her times as an the weekend. Lecture: 7 August 2007 people’s lives. students examined the judgments in international lawyer and her experiences CIPL encourages you to review in writing her first book. Papers delivered these two cases. The Statutory Protection Well over 100 people turned up to An audio version of the forum is the program and register for this at the conference can be found on the hear Luis Moreno-Ocampo speak of his available at: of Rights & Parliamentary important public law conference of ANZSIL website under Past Conferences position and responsibilities as the first http://law.anu.edu.au/cipl/events.asp Sovereignty – Guidance from 2007. For conference program and and Proceedings at: Child Soldiers & ever prosecutor of the International the United Kingdom? registration form, see: http://law.anu.edu.au/anzsil/ Criminal Court. Mr Moreno-Ocampo International Law http://law.anu.edu.au/cipl/events.asp Professor Geoffrey Lindell traced the history of the Court as well as Associate Professor Steven Freeland 16 October 2007, 1pm its membership and jurisdiction before Lecture: 27 September 2007 The Phillipa Weeks Staff Library, Connecting the Public outlining the cases his office is currently ANU College of Law with the International: working on. CIPL and the International Humanitarian Law’s potential Law Committee, Australian Red Cross Tenth Geoffrey Sawer Lecture This lecture was jointly sponsored by Australian Exceptionalism Workshop: 2–4 July 2007 ACT again joined to present another The Globalisation of Hatred: the Centre for International Governance successful Solferino Seminar. Steven Incitement to Genocide and 9 November 2007, 6pm and Justice as well as the International Freeland spoke on the ways in which Professor Michael Taggart, In July CIPL hosted the first Workshop the Migration of Transnational connecting public and international Humanitarian Law Committee, ACT international law seeks to prohibit and University of Auckland lawyers titled Connecting the Public with Red Cross. criminalise various aspects of the use of Legal Norms Visions Theatre, National Museum of the International: Law’s potential. Sixteen child soldiers. He examined prosecutions Professor Noah Novogrodsky Australia, Canberra An audio version of Luis Moreno- people presented papers on sanctions and by both the International Criminal Court Thursday, 18 October 2007, 5.30pm Ocampo’s talk is available at: their implementation in the international and the Special Court for Sierra Leone Law Theatre, ANU College of Law http://law.anu.edu.au/cipl/events.asp against persons accused of recruiting Connecting the Public with the and domestic framework. Each International: Law’s Potential presentation was followed by a lively and using children in armed conflict and concluded that it is integral that the debate that included all participants. 2008 Topic: Incentives for Global Papers from the Workshop will be underlying reasons for using children in armed conflict be addressed as well as Health - Patent Law and Access to published in a book which will be the Essential Medicines. first in a series linking public law and continuing to develop legal standards and criminal sanctions. international law. For information on the events organised by the Centre, see: http://law.anu.edu.au/cipl/events.asp

Mr Luis Moreno-Ocampo

Participants of the first CIPL Workshop

18 CIPL NEWSLETTER ISSUE September 2007 19 CIPL NEWSLETTER ISSUE September 2007 PUBLICATIONS BY CENTRE MEMBERS August 2006–May 2007 The following is a selection of publications submitted from Centre associates, covering the period August AUSTRALIAN YEAR BOOK 2006–May 2007. Don Anton OF INTERNATIONAL LAW International Environmental Law: Cases, Materials, Problems (LexisNexis, March 2007) (with Jonathan I. Charney, Philippe Sands, Thomas J. Schoenbaum & Michael K. Young). Human Rights and the Environment (Carolina Academic Press, forthcoming 2008) (with Svitlana Kravchenko and John Bonine). Volume 25 is now available for purchase. To view the contents page or order a copy of recent past volumes please go to our website at: Elisa Arcioni http://law.anu.edu.au/cipl/Publications/YearBook.htm December 2006, refereed Democratic Audit Discussion Paper 37/06 entitled ‘Representation for the Italian Diaspora’, available at http://democratic.audit.anu.edu.au/papers/20061113_arcioni_ital_diasp.pdf. ARTICLES Anne O’Rourke and Chris Nyland Jennifer Clarke The Recent History of the Alien Tort Claims Act: Australia’s ‘Desegregating the “indigenous rights” agenda’ (2006) 31 Australian Journal of Legal Philosophy 118-126. Greg Carne Role in its (attempted) Downfall Reconstituting ‘Human Security’ in a New Security Michael Coper Environment: One Australian, Two Canadians and Article 3 of Ben Saul “Concern about Judicial Method” (2006) 30 Melbourne University Law Review 554-575. the Universal Declaration of Human Rights Defending ‘Terrorism’: Justifications and Excuses for Terrorism “The Role of the Senate” (2006) Legaldate 6. in International Criminal Law Camille Goodman “Foreword” in Stephen Bottomley and Simon Bronitt (eds), Law in Context (The Federation Press, 3rd edition 2006). Acta Sunt Servanda? A Regime for the Unilateral Acts of Tim Stephens States at International Law Multiple International Courts and the ‘Fragmentation’ of the Robin Creyke International Environmental Law Inquisitorial Processes in Australian Tribunals (AIJA, 2006) 1-105 (with N Bedford). Daniel Lovric Australian Workers’ Compensation Law and its Publication (2006) (1-181) Australian Safety and Compensation Council (with J A Constitution Friendly to International Law: Germany and its Matthew T. Stubbs Ghaeni). Volkerrechtsfreundlichkeit Arbitrary Detention in Australia: Detention of Unlawful Non- ‘The Performance of Administrative Law in Protecting Rights’ in Tom Campbell, Jeffrey Goldsworthy, Adrienne Stone (eds) Protecting Citizens under the Migration Act 1958 (Cth) Rights Without a Bill of Rights: Institutional Performance and Reform in Australian Law, Justice & Power series, Ashgate, England Anthony M. North and Joyce Chia (2006) (101-136). Towards convergence in the Interpretation of the Refugee Caroline Foster ‘Where do Tribunals fit into the Australian system of administration and adjudication?’ in M Taggart, G Huscroft (eds) Inside and Convention: a Proposal for the Establishment of an Casenote: Japan – Measures Affecting the Importation of Outside Canadian Administrative Law: Essays in Honour of David Mullan Toronto University Press, 2006. International Judicial Commission for Refugees Apples: Rotten to the Core? ‘Administrative Justice: Beyond the Courtroom Door’ (2006) Acta Juridica (the University of Cape Town Law Journal) 233-256. ‘Inquisitorial practice in Australian Tribunals’ (2006) 57 Admin Review 20-36.

Ann Kent The Benefits of World Travelling,The American Society of International Law Newsletter, Vol. 22, Issue 4 July/August 2006. • Book reviews: edited by Ryszard Piotrowicz ‘Top Silk’, The Diplomat, February/March 2007.

• Australian Cases before Australian Courts and Tribunals Involving Questions of Public International Law 2004: Hitoshi Nasu Jane McAdam, Deborah Roach and Donald R Rothwell ‘Sins of the Mother: Australia, West Papuans, Japan and Visas’ with Kent Anderson (2007) 18(1) Public Law Review 5–9. ‘Towards a True Incarnation of the Rule of Law in War-Torn Territories: Centring Peacebuilding in the Will of the People’ with • Australian Legislation Concerning Matters of Kristen Daglish (2007) 54 Netherlands International Law Review (forthcoming). International Law 2004: Scobie Mackay and William Story Kim Rubenstein • Australian Practice in International Law 2004: edited by ‘Chair of the Citizenship Council’. Sir Ninian Stephen: A Tribute, Tim McCormack, Cheryl Saunders, eds, Miegunyah Press, 2007. Jennifer Cavenagh and supervised by Justine Braithwaite ‘Advancing Citizenship: The Legal Armory and it’s Limits’, Theoretical Inquiries in Law, Vol. 8, No.2, 2007. • Annual Survey of Recent Developments in Australian Amelia Simpson Private international Law, 2004: Kent Anderson and ‘Sweedman v Transport Accident Commission: State Residence Discrimination and the High Court’s Retreat into Characterisation’ Jim Davis (2006) 34(2) Federal Law Review 363. • Australian treaty Action 2004 James Stellios ‘Regulating Telecommunications Interception and Access in the Twenty-First Century: Technological Evolution or Legal Revolution?’ (2006) 24 Prometheus 413 (with Simon Bronitt). ‘Sedition, Security and Human Rights: ‘Unbalanced’ Law Reform in the War on Terror’ (2006) Melbourne University Law Review (forthcoming) (with Simon Bronitt).

20 CIPL NEWSLETTER ISSUE September 2007 21 CIPL NEWSLETTER ISSUE September 2007 Simon Bronitt Discussion with Professor Chris Puplick, Member Access Card “Terrorisme et droit international humanitaire: questions ‘Regulating Telecommunications Interception and Access Consumer and Privacy Taskforce, on review mechanisms choisies”, Guest-lecture delivered at the Faculty of Law of PAPERS, PRESENTATIONS & in the 21st Century: Technological Evolution or Legal under the proposed Access Card Tranche 2 legislation. the University of Lausanne (Switzerland), Chair of Public Revolution?’ at the Eleventh Annual Public Law Weekend ‘Ethics and Accountability in the Australian Taxation Office’ International Law on 18 January 2007. OTHER ACTIVITIES BY Conference: Perspectives on Accountability, Canberra, Melbourne, 27 April 2007. “European States’ involvement in US irregular rendition: the 3-4 November 2006. The Federation Press has agreed to publish the papers role of the Council of Europe and of the European Union”, CENTRE MEMBERS Interviewed by presenter, Damien Carrick, ABC Radio from the International Tribunals’ Workshop held with the Seminar delivered at the UBC Faculty of Law (Vancouver), as National - The Law Report, 19 December 2006. assistance of CIPL on 5 April 2006. part of the Law&Society@UBC series on 25 January 2007. August 2006–May 2007 Presented at the seminar on International Court of Justice Michael Coper Tom Faunce Genocide Judgment together with Ms Sarah McCosker, “Recognition of Overseas Legal Qualifications”, presentation 3 April 2007. Don Anton to the Standing Committee of Attorneys-General (SCAG), Presented a paper at a forum titled ‘End of Life Options for Older People’, 29 November 2006. Invited Participant for Environmental Law Professors’ Canberra, April 2007. Don Rothwell Workshop - Massachusetts v. EPA, Pace University School of “Legal Knowledge, the Responsibility of Lawyers, and the ABC Radio PM 3 August 2006 at 6.42pm discussing a Law, 22 February 2007. Task of Law Schools”, Opening Plenary Session paper, Joanne Lee proposal for a ‘Prison ship’ for arrested Indonesian fishermen Paper presented on ‘Litigating Global Climate Change in Australasian Law Teachers’ Association (ALTA) Conference, ‘The International Criminal Court’, paper for ‘Minerva’s and conformity with the Law of the Sea Convention. Australia’ at the 25th Annual Public Interest Environmental Victoria University, Melbourne, July 2006. Moment: Japan, Canada and the EU in Global Institution- ABC Radio National Australia Talks Back 8 August 2006 Building’ international conference organised by the Institute Law Conference, University of Oregon School of Law, “On Building a Successful Career as an Academic Lawyer”, at 6.35pm discussing the legal implications of the Federal for European Studies, the Centre for Japanese Research, the 2 March 2007. paper presented to Legal Academic Job Network session, government’s proposal for a ‘Prison ship’ to detain illegal Institute for Asian Research, and the Peter Wall Institute for Australasian Law Teachers’ Association (ALTA) Conference, fishermen in northern waters. Paper presented on ‘International Law Matters!’, Faculty Advanced Studies, University of British Columbia, Vancouver, Victoria University, Melbourne, July 2006. Colloquium, University of Alabama School of Law, Monday, Canada, 21-22 August 2006. 2CC Radio Canberra Drive with Mike Welsh 14 August 2006 23 April 2007. “We Are What We Write”, paper presented to the ANU at 3.14pm discussing UNSC Resolution 1701 and PhD thesis presented as a work in progress at the Critical College of Law Postgraduate Research Conference, Canberra, the negotiated cease-fire in fighting between Israel Visiting Professor, University of Alabama School of Law, International Legal Theory Workshop for PhD students with June 2006. and Lebanon. Spring Semester 2007, teaching International Human Professor Martti Koskenniemi, organised by the Centre for Rights Law. “Law, Lawyers and Legal Education in the Age of Terror”, International Governance and Justice, RegNet, ANU, “Japan’s Scientific Whaling Program in the Southern Corresponding Editor, International Legal Materials ANU National Institute for Social Sciences and Law (NISSL) 27 November 2006. Ocean: Diplomatic, Legal and Policy Responses” presented (published by the American Society of International Law). Summer School for High School Teachers, Canberra, January at Whales, Antarctica, Diplomacy and the Law: Humane 2006. Society International v Kyodo seminar, ANU College of Law, John McMillan 4 September 2006. Elisa Arcioni ‘Accountability and oversight of policing and corruption’ Discussing the determination by the Indonesian Supreme Seminar in the Legal Intersections Research Centre, Robin Creyke at the Eleventh Annual Public Law Weekend Conference: Court that four Australians will face the death penalty for Wollongong University, seminar series, titled ‘The way we ‘Recent Administrative Law Developments of Relevance for Perspectives on Accountability, Canberra, their involvement in drug trafficking: were - history and “the people” of the Constitution’, Veterans’ Annual Conference, Veterans’ Review Board, Gold 3-4 November 2006. 23 August 2006. Coast, 12 July 2006. • ABC Radio 702 Sydney – 7.12am, 6 September 2006 Successful grant application for $4,500 from the NSW Law ‘Judicial Review – 2005 and 2006: Commonwealth’ at Hitoshi Nasu • ABC Local Radio Queensland – 4.10pm, 6 September 2006 Society’s Public Purpose Fund, for the project entitled: the Eleventh Annual Public Law Weekend Conference: Presented at the Research Workshop of the ANU College of ‘The consequence of popular involvement in Constitution- Perspectives on Accountability, Canberra, Law on ‘Chapter VII Powers and the Rule of Law’, • 2CC Radio Canberra Drive with Mike Welsh 5.40pm, making: authority, interpretation and identity.’ This project 3-4 November 2006. 18 April 2007. 6 September 2006 is a joint one with Ian Farrell, with whom I have had a paper ‘Natural Justice for Mediators and Arbitrators’, session at • ABC TV News – 7.04pm, 6 September 2006 accepted for the Seventh World Congress of Constitutional Dispute Management course, ANU College of Law, Gabriele Porretto • ABC TV 7.30 Report – 7.35pm, 6 September 2006 Law, Athens, 2007, September 2006. 7 March 2007. The EU Response to International Terrorism, Paper presented Discussing the determination by the Indonesian Supreme Invited paper presented at the Governing (and Representing) Speech on Behalf of the Administrative Review Council at the Expert Workshop Ensuring Accountability: Terrorist Court that four Australians will face the death penalty for Women workshop, titled ‘Women as members of “the to launch the Automated Assistance in Administrative Challenges and State Responses in a Free Society, National their involvement in drug trafficking: people” in the Australian Constitution’, November 2006. Decisions-Making: Better Practice Guides, Institute of Public Europe Centre, ANU 20-21 April 2006. • 2UE Breakfast – 7.35am, 7 September 2006 Law Program, RSSS, ANU, presented my thesis proposal Administration, Australia, Canberra, 23 April 2007. International Criminal Law Aspects of European States’ review, 29 November 2006. ‘Administrative Review and Government Decision-Making’, involvement in US irregular renditions: the role of the • ABC JJJ Radio – 5.10pm, 7 September 2006 ANU, discussant of Kirby J judgment (with Heather Roberts) presentation to Department of Finance and Administration, Council of Europe and of the European Union, Paper • TEN News – 10.40pm, 7 September 2006 in the Constitutional Law Discussion Group workshop on the 2 May 2007. presented at the Conference on Regionalising International “Reflections on the Van Nyugen Case: Implications for the Workchoices case, 1 December 2006. ‘Independence of Tribunals in Australia’ as Moderator, Criminal Law, University of Canterbury Law School Bali Nine” presented at Law Students for a Just Community – Christchurch, 18-20 August 2006. Organised and chaired the plenary panel ‘Who are we? How State of Independence in Various Administrative Justice Conference, Greenhills Conference Centre, Canberra, law constructs identity’ at the 23rd Australasian Law & Communities session, at the Canadian Council of “Spreading Terror among Civilians as a War Crime, Paper 17 September 2006. Society Conference, Wollongong. The speakers were: Uncle Administrative Tribunals 4th International Conference presented at the Conference: “The Emergence of Customary SBS TV News 3 October 2006, 6.33pm discussing Australia’s Dootch Kennedy, Aunty Barbara Nicholson, Dr Mark Nolan, and 23rd Annual CCAT Conference Administrative Justice International Humanitarian Law”, Flinders University School attempt to extradite from Papua New Guinea the recently Mr Saeb Ali, 13 December 2006. Without Borders 6-8 May 2007, Vancouver, Canada, of Law, and co-organised by the Australian Red Cross, appointed Attorney-General of the Solomon Islands, 4-5 November 2006. Austinmer, NSW, presented University of 3rd Age seminar 8 May 2007. Julian Moti. titled ‘The people of the Australian Constitution’, Panellist and small group discussant Above Board Public “Prosecuting the War on Terror: Extraordinary Renditions and 21 February 2007. Accountability Forum , ANU, 12 May 2007. the Reassertion of Legality”, Paper delivered at the National Europe Centre, ANU (Regulatory Dialogue) on 24 October 2006.

22 CIPL NEWSLETTER ISSUE September 2007 23 CIPL NEWSLETTER ISSUE September 2007 “David Hicks and the US Military Commissions Process: Discussing the need for the Australian government to Participated in the session titled ‘Citizenship, Human Rights Next Steps” Jurist Legal News & Research 11 October 2006 develop a stronger position in opposition to the death and Values’ and presented a paper on Citizenship as a legal CIPL Student Internships at jurist.law.pitt.edu/forumy/2006/10/david-hicks-and-us- penalty: concept vs citizenship in practice and the consequences of military.php • 2CC Radio Canberra Drive with Mike Welsh 4.52pm, this for social policy at the Human rights and citizenship CIPL has continued its association with the ANU Law ARC Discovery Grant 2007-2009 “Re-Envisioning sovereignty 28 November 2006 workshop as part of the Annual GovNet International Internship program by accepting an undergraduate law and nationhood in the contemporary international context” conference, Transformations in Governance: Capacity SBS World News, 6 December 2006 at 6.38pm discussing the student to work with CIPL over summer. Interns work - $240,000 (with Professor CJ Sampford, Professor R Thakur, Building in the Asia/Pacific Region, 29 November 2006. application lodged on behalf of David Hicks for mandamus with members of the Law School on projects of an applied Professor H Adelman, Professor E Newman and Professor J ‘Getting to the heart of Citizenship’, ANU Reporter, Summer and habeus corpus against the Australian government, nature, attend CIPL afternoon teas and meetings and assist Adelman). 2007, http://info.anu.edu.au/mac/Newsletters_and_Journals/ Alexander Downer and Philip Ruddock. with the major conferences CIPL runs. At the end of their ANU_Reporter/index.asp “Changes for rescue of asylum seekers” (October 2006) NewsRadio 938 Live Singapore, 28 December 2006 discussing internship, students write a 6,000 word essay which is Australian National Security 10 (discussing changes to IMO the failure of Saddam Hussein’s appeal against the death Presented a seminar on ‘Advancing citizenship claims in marked and goes towards their final degree. rules regarding the rescue of persons at sea in the wake of penalty and issues arising from his pending execution. the Australian legal context: a lesson on law’s limits’ to the 2001 Tampa incident). the Centre for Comparative Constitutional Studies at the Chaired seminar on David Hicks in court: an update on court Trevor Moses “Australian citizens abroad” presented at “Citizenship: Roles University of Melbourne, 22 February 2007. action in Australia and the US seminar, 11 April 2007. I was excited to be and Responsibilities” Panel, Eleventh Annual Public Law Presented at the David Hicks in court: an update on court interning with CIPL over Weekend, CIPL, ANU 4 November 2006. action in Australia and the US seminar, 11 April 2007. Kim Rubenstein the summer break. I worked NewsRadio 938 Live Singapore 6 November 2006 discussing Presented a staff seminar to the UNSW Law Faculty, Presented a seminar in the Research School of Social on the preparations for the guilty verdict handed down against Saddam Hussein for ‘Advancing Citizenship: The legal armoury and its limits’, Sciences Political Science Seminar series: an up-coming workshop crimes against humanity. 5 September 2006. “Small ‘c’ and Big ‘C’ citizenship: is there a difference? on governance and ABC Radio North Coast 7 November 2006, 9.50am discussing Chaired a session on ‘Hate Speech in Courts and Tribunals: Wednesday 2 May 2007 accountability across the the imposition of the death penalty upon Saddam Hussein Challenges for Hate Speech Regulation’ at the Free Speech, international and domestic and the implications for Australia’s policy opposing the Hate Speech and Human Rights in Australia Workshop, Amelia Simpson legal divide to be held in death penalty. 8 9 September 2006. Discussant, Panel Discussion on XYZ v Commonwealth, joint July. I also work part-time “POW Transfer an Option for Hicks” ANU Reporter (Spring CIPL and AACL event, ANU, 1 August 2006. at a local solicitor’s office. Chaired a session on ‘Views from the users/observers’ at the I am just over mid-way 2006) 34 Mr Trevor Moses Reforming the Senate Committee System Seminar, ‘The Australian High Court’s Jurisprudence on through my Arts/law degree http://info.anu.edu.au/mac/Newsletters_and_Journals/ANU_ 15 September 2006. Discrimination’, Governing (and Representing) Women: Local, so I am starting to get a feel Reporter/097PP_2006/index.asp Presented a paper on ‘Advancing citizenship claims in National and Global Approaches, ANU, 2 November 2006. for the areas of law I am interested in and am quite pleased ABC Radio PM 13 November 2006 at 6.34pm discussing the Australia: A lesson on the law’s limits’ at the Law Students that by focusing on the Cole Inquiry I get to explore both about to be signed Australia-Indonesia Security Agreement for a Just Community 2006 Conference, 15–17 September Daniel Stewart international and public legal issues. and some of the key issues concerning use of force against 2006. ‘Delegating the Public Interest’, paper delivered at the Public Law Weekend, Australian National University, I am originally from Canberra where I have always lived. terrorists and maritime security. Invited as a guest speaker to present on ‘Advancing 3-4 November 2006. I enjoy travelling and my only regret is that because I am Sophie Black “How Australia is privately begging to be let citizenship claims in Australia: A lesson on the law’s limits’, interning over the summer I didn’t get a chance to get away. inside the Kyoto tent” 17 November 2006 Crikey (http:// ‘FOI and Secrecy’, paper delivered at the Australian Company at the Inaugural Australian Women Lawyers Conference, At this stage I am unsure where I see myself once I finish crikey.com.au/Politics/20061116-Oz-badmouthing-and- Celebrating Excellence, 29-30 September 2006. Law Association, ‘The ABC of Government Law’ workshop, Canberra, 30 November 2006. my degree. begging-to-Kyoto-all-at-the-same-time.html) discussing Interviewed and profiled in ANU On Campus, October 2006 Australia’s legal position under the Kyoto Protocol and Issue http://info.anu.edu.au/mac/Newsletters_and_Journals/ ‘Public Law issues raised by the Cole Inquiry’, Panel Andrew Thomas limitations upon its negotiating position for a new Protocol On_Campus/index.asp discussion on the Cole Enquiry, Australian National under the Climate Change Convention. University, 12 December 2006. My CIPL Internship will focus on diplomatic protection and Chaired the second session, The Murphy Legacy in Troubled the duty to protect, while also assisting with the planning Discussing attempts by the Qld DPP to request the Times Seminar, 21 October 2006. extradition from Oregon of Dr Jayant Patel in relation to the for an international and public law ‘clinic’ at the Centre. I’m deaths of several of his patients at Bundaberg Base Hospital: Invited as a speaker to present a paper on, ‘Citizenship in To view recent newspaper contribution by Centre in my fourth year at ANU, and interested mainly in human an age of Globalisation’, Globalisation, Law & Justice Forum members, visit CIPL’s Expert Opinion section: • Radio 4BC - 22 November 2006 at 5.07pm rights law and its enforcement, and am particularly looking 2006, 27–28 October 2006. http://law.anu.edu.au/cipl/expertopinion.asp forward to researching the European Court’s jurisprudence • ABC TV ‘News’ - 22 November 2006 at 7pm Chaired a session on, ‘How much can we ask of our on positive obligations. As a Melbournian, I probably escape • ABC Online - 22 November 2006 www.abc.net.au/news/ ministers?’ and presented a paper on ‘Australian citizens in back there too often, but having recently discovered the wine newsitems/200611/s1795122.htm Australia’ at the Eleventh Public Law Weekend Conference, list at Benchmark more and more Saturday nights are being • ABC Radio 666 News - 22 November 2006 at 10.07pm Perspectives on Accountability, 3-4 November 2006. spent in Canberra working through it with friends. “Legal and Policy Options in the Bali Cases” presented at Submission to Citizenship Task Force, DIMA (via the web) Australia and the Death Penalty forum, National Museum of – Australian Citizenship: Discussion Paper on the merits of Australia, 27 November 2006. introducing a formal citizenship test, 19 November 2006. Discussing the need for the Australian government to Presented a paper on ‘International Legitimacy of Offshore develop a stronger position in opposition to the death Processing’, at the The Admission & Exclusion of Asylum penalty: Seekers: The Search for Legitimate Parameters Conference, • Drive ABC 666 Canberra 27 November 2006 at 5.48pm 25 November 2006. • Australia Talks Back ABC Radio National 27 November Chaired the session on ‘Experience to Date’ at the Australia 2006 at 6.10pm and the Death Penalty Forum, 27 November 2006.

24 CIPL NEWSLETTER ISSUE September 2007 25 CIPL NEWSLETTER ISSUE September 2007 CENTRE STAFF & MEMBERS

Kim Rubenstein, Professor and Director Kavitha Robinson, Assistant Manager, COAST Jacqueline Sanderson, Assistant Project Officer Jennifer Braid, Assistant Editor, Australian Year Book of International Law

Kent Anderson, Professor (Asian Studies) Don Anton, Senior Lecturer Peter Bailey, Adjunct Professor Kevin Boreham, Lecturer Simon Bronitt, Professor Peter Cane, Professor Hilary Charlesworth, Professor (RegNet) Jennifer Clarke, Senior Lecturer Tony Connolly, Senior Lecturer Michael Coper, Professor and Dean Robin Creyke, Professor and Alumni Chair of Administrative Law Thomas Faunce, Senior Lecturer Jean-Pierre Fonteyne, Senior Lecturer Don Greig, Visiting Fellow and Emeritus Professor Judith Jones, Lecturer Ann Kent, Visiting Fellow Shae McCrystal, Lecturer Leighton McDonald, Senior Lecturer Anne McNaughton, Lecturer Penelope Mathew, Reader (on leave) Wayne Morgan, Senior Lecturer Hitoshi Nasu, Lecturer Dennis Pearce, Visiting Fellow and Emeritus Professor James Prest, Lecturer Gabriele Porretto, Research Associate and Sparke Helmore Lecturer Heather Roberts, Lecturer Donald R Rothwell, Professor of International Law Amelia Simpson, Senior Lecturer James Stellios, Senior Lecturer Daniel Stewart, Senior Lecturer Adrienne Stone, Fellow (until January 2007). Fiona Wheeler, Reader Ben Wickham, Lecturer (on leave) Ernst Wilheim, Visiting Fellow Matthew Zagor, Lecturer Leslie Zines, Visiting Fellow and Emeritus Professor

For a list including PhD students and ANU academics not formally part of the ANU College of Law who are linked to the Centre please see: http://law.anu.edu.au/cipl/staff.asp

26 CIPL NEWSLETTER ISSUE September 2007 Centre for International and Public Law ANU College of Law The Australian National University CANBERRA ACT 0200 T: +61 02 6125 0454 F: +61 02 6125 0150 E: [email protected] W: http://law.anu.edu.au/CIPL