The Centre for International & Public Law ANU College of Law presents

The Fifteenth Annual Public Law Weekend SCARCITY, SUSTAINABILITY & PUBLIC LAW 3 & 4 September 2010 l The Australian National University

Program Internals.indd 1 30/08/2010 10:15:07 AM The Centre for International and Public law (CIPL) is delighted you have registered for the Fifteenth Annual Public Law Week-end, on the afternoon of Friday 3 September and Saturday 4 September 2010.

Over the past year there has been much attention to policy issues involving scarcity of resources and sustainability in Australia. How do these issues play out when thinking about public law? The Friday afternoon sessions examine this question and then the following morning we will hear some important analysis of recent High Court decisions, public law from across the Tasman and some other stimulating thinking regarding pluralism and law concluding with an update on work from the Senate and an update on the 2010 Election.

The conference program includes the 13th Annual Geoffrey Sawer lecture The US Courts and International Law to be presented by US Ambassador to Australia, Mr Jeff Bleich. Amongst other impressive credentials Ambassador Bleich served as a clerk to Chief Justice Rehnquist on the US Supreme Court. The weekend also includes a book launch.

Drawing together academics and public law practitioners from around the country, the Public law weekend will provide a perfect opportunity to hear fresh ideas about public law, and meet with a diverse range of academics and public lawyers from around the country.

CIPL hopes you enjoy this important conference.

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Program Internals.indd 2 30/08/2010 10:15:07 AM general information

CONFERENCE VENUES Friday 3 September 2010 LAW THEATRE (Sessions 1 & 2) ANU College of Law (bldg #5) The Australian National University Acton ACT 0200 2010 Geoffrey Sawer Lecture

FINKEL THEATRE (Sawer Lecture) John Curtin School of Medical Research (bldg #131) Garran Road The Australian National University Acton ACT 0200

VANILLABEAN CAFE (Conference Dinner) John Curtin School of Medical Research (bldg #131) Garran Road The Australian National University Acton ACT 0200 Saturday 4 September 2010 FINKEL THEATRE John Curtin School of Medical Research (bldg #131) Garran Road The Australian National University Acton ACT 0200 Finkel map: http://law.anu.edu.au/coast/events/finkel.pdf Conference Contacts CIPL Administrator ANU College of Law T: (02) 6125 0454 E: [email protected]

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Program Internals.indd 3 30/08/2010 10:15:07 AM friday program

FRIDAY 3 SEPTEMBER 2010 2–3.30pm SESSION 1: Law Theatre SCARCITY, SUSTAINABILITY & PUBLIC LAW CHAIR: Professor Kim Rubenstein, ANU College of Law Opening Professor KIM RUBENSTEIN, ANU College of Law Managing a Sustainable Population in a Federal System Professor GRAEME HUGO, University of Adelaide Rights and Resources Ms GABRIELLE McKINNON, ACT Human Rights Commission Citizenship as Property: A scarce resource? Ms NIAMH LENAGH MAGUIRE, Australian Government Solicitor 3.30–4pm Afternoon tea in foyer 4–5.30pm SESSION 2: Law Theatre WATER, FORESTS & PUBLIC LAW CHAIR: Dr Dominique Dalla-Pozza, ANU College of Law Water and the Constitution Ms DANIELLE FORRESTER, Australian Government Solicitor Water, Scarce Resources and Public Law in the Murray-Darling Basin Ms ROBYN BRIESE, Australian Government Solicitor Scarcity or Plenty in Tasmania’s Forests? A clash of legal and scientific understandings in the Wielangta forest dispute Mr BRAD JESSUP, ANU College of Law 5.30–6pm Drinks for Sawer Public Lecture at the Finkel Theatre foyer 6–7pm 2010 ANNUAL GEOFFREY SAWER LECTURE Finkel Theatre by JEFF BLEICH, US Ambassador to Australia The US Courts and International Law 7.15–9.30pm Conference Dinner Vanillabean Café, John Curtin School of Medical Research (next to Finkel Theatre)

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Program Internals.indd 4 30/08/2010 10:15:07 AM saturday program

SATURDAY 4 SEPTEMBER 2010 9.30–11am SESSION 3: Finkel Theatre UPDATES FROM THE HIGH COURT CHAIR: Mr Leighton McDonald, ANU College of Law Osland v Secretary to the Department of Justice [2010] HCA 24 (23 June 2010) Dr TRISH LUKER, University of Queensland Saeed v Minister for Immigration and Citizenship [2010] HCA 23 (23 June 2010) Mr DANIEL STEWART, ANU College of Law Minister for Immigration and Citizenship v SZMDS [2010] HCA 16 (26 May 2010) Ms THERESA BAW, NSW Bar 11–11.30am Morning tea in foyer 11.30am–1pm SESSION 4: Finkel Theatre UPDATES BEYOND THE COURTS CHAIR: Mr Moeen Cheema, ANU College of Law Land of the Long White Fog: Judicial review in New Zealand Mr DEAN KNIGHT, Victoria University of Wellington, NZ More Than One Law for All: Legal pluralism in Australia? Ms JAMILA HUSSAIN, University of Technology Sydney Update from the Senate Dr ROSEMARY LAING, Clerk of the Senate 1pm Lunch and launch of book in foyer Money and Politics: The democracy we can’t afford by Joo-Cheong Tham (published by University of NSW Press) To be launched by Emeritus Professor Marian Sawer, School of Politics and International Relations, The Australian National University and Vice-President of the International Political Science Association and Director-ANU of the Democratic Audit of Australia 2-3pm SESSION 5: Finkel Theatre UPDATE ON THE 2010 ELECTION CHAIR: Professor Kim Rubenstein, ANU College of Law Professor DON ROTHWELL, ANU College of Law Ms CHRISTINE WALLACE, Member of the Canberra Press Gallery Associate Professor ANNE TWOMEY, The 3pm Close of Conference

If this conference is relevant to your professional development and is of significant intellectual or practical content, dealing with matters related to the practice of law, you can claim one CPD unit for each hour you attend, excluding refreshment breaks

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Program Internals.indd 5 30/08/2010 10:15:07 AM Speaker Biographies Theresa Baw NSW Bar Theresa Baw was called to the Bar in 2006. Previously, she worked as a solicitor for 5 years, firstly at Minter Ellison and then at Holman Webb, both in Sydney. She graduated with an Economics/Law (First Class Honours) from Sydney University. She also has Master of Commerce.

Theresa currently practices from Frederick Jordan Chambers in a variety of commercial matters, including administrative law matters and a number of migration matters. Theresa appeared as junior counsel in the case she is here to discuss, Minister for Immigration and Citizenship v SZMDS [2010] HCA 16 926 May 2010)

Robyn Briese Australian Government Solicitor Robyn Briese is a Senior Lawyer in the Office of General Counsel, Australian Government Solicitor, specialising in constitutional law, international law and environmental law. Between 2007 and 2009 she spent the majority of her time seconded to the Department of the Environment, Water, Heritage and the Arts as Counsel to the Water Policy Branch.

Robyn has previously worked as an associate to Chief Justice Black in the Federal Court of Australia and as a law clerk at the International Court of Justice in the Hague. She has spent time as a research fellow and lecturer at the ANU College of Law, as a research fellow at the Centre for International Environmental Law in Geneva and in private practice.

Danielle Forrester Australian Government Solicitor Danielle Forrester is a Senior Lawyer with the Australian Government Solicitor and is a Masters student at the Australian National University

Brad Jessup ANU College of Law Brad is a human geographer and an environmental law specialist with the ANU College of Law. A graduate of Monash University and Cambridge University, with five years corporate law experience, Brad’s research draws on both his disciplines and his insights from legal practice. His primary research project, as part of his PhD study, focuses on concepts of ecological and environmental justice in Australian environmental law. As part of this project Brad has recently conducted field and interview research on the Wielangta conflict between Bob Brown and Forestry Tasmania.

Graeme Hugo University of Adelaide Graeme HUGO is ARC Australian Professorial Fellow, Professor of the Department of Geographical and Environmental Studies and Director of the National Centre for Social Applications of Geographic Information Systems at the University of Adelaide. His research interests are in population issues in Australia and South East Asia, especially migration. He is the author of over three hundred books, articles in scholarly journals and chapters in books, as well as a large number of conference papers and reports.

Jamila Hussain University of Technology Sydney Jamila is a senior lecturer in the Law Faculty at UTS. She has past experience in private legal practice, and as a lecturer in Land Law, Corporations Law and Practical Legal Training, but now teaches Asian Law and Legal Systems and Introductory Islamic Law. She is the Vice-President of the Muslim Women’s National Network and has considerable involvement in community activities among Muslim communities.

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Program Internals.indd 6 30/08/2010 10:15:07 AM Dean Knight Victoria University of Wellington Dean is a Senior Lecturer at the Faculty of Law at Victoria University of Wellington and an Associate Director of the New Zealand Centre for Public law.

His scholarly interests lie in public law, particularly administrative law and local government. He has written numerous articles and chapters on public law topics and is a member of the editorial committee of the New Zealand Journal of Public and International Law. As well as being a regular commentator on Radio New Zealand National on public law issues, he writes a blog on contemporary legal issues: LAWS179: Elephants and the Law (www.laws179. co.nz).

Rosemary Laing Clerk of the Senate Rosemary Laing was appointed as the 13th Clerk of the Senate in December 2009 following the retirement of Harry Evans. Principal author and editor of the Annotated Standing Orders of the Australian Senate (2009), she has written widely on parliamentary topics. She is an alumnus of the ANU Public Law Program from the 1980s and is also a graduate of Sydney and Oxford Universities. She has worked for the Senate since 1990, having also worked for the Attorney-General’s Department, Commonwealth Ombudsman and AFP (as an FOI officer among other things).

Niamh Lenagh-Maguire Australian Government Solicitor Niamh Lenagh-Maguire is a solicitor in the Office of General Counsel at the Australian Government Solicitor. Niamh provides advice to Commonwealth clients on a range of matters, including migration, environmental law and constitutional law issues. She has a particular interest in citizenship and comparative constitutional law.

Naimh is a graduate of the ANU College of Law and an LLM candidate at the .

Trish Luker The University of Queensland Trish Luker is a Postdoctoral Research Fellow in the T C Beirne School of Law at the University of Queensland during 2010–12. She is a socio-legal scholar with an interest in interdisciplinary approaches to law, drawing on the humanities and social sciences. Her postdoctoral research project is entitled ‘The Burden of Proof: Critical Approaches to Evidence in Human Rights Law’. The project focuses on the reception of testimonial evidence given by asylum seeker applicants at the Refugee Review Tribunal.

Gabrielle McKinnon ACT Human Rights Commission Gabrielle McKinnon is a human rights legal adviser at the ACT Human Rights Commission, and was formerly Director of the ACT Human Rights Act Research Project at the Australian National University. Gabrielle is a co-author of the book Bills of Rights in Australia, History, Politics and Law. Gabrielle has practiced as a children’s solicitor at Marrickville Legal Centre in NSW, and was accredited as a specialist practitioner in the field of children’s law.

Don Rothwell ANU College of Law Donald R Rothwell has been Professor of International Law at the ANU College of Law, Australian National University since July 2006. His research has a specific focus on law of the sea, law of the polar regions, use of force, and implementation of international law within Australia. Major publications amongst 11 books and over 100 book chapters and articles include The Polar Regions and the Development of International Law (Cambridge: 1996); and The Law of the Sea and Polar Maritime Delimitation and Jurisdiction (Kluwer: 2001) co-edited with Alex Oude Elferink. He regularly coordinates the undergraduate International Law course, and also teaches a range of postgraduate courses including Marine and Coastal Law, Law of the Sea, International Law and Australian Government, International Security Law, International Humanitarian Law, and Military Operations Law. Rothwell has acted as a consultant or been a member of expert groups for UNEP, UNDP, IUCN, the Australian Government, and acted as advisor to the International Fund for Animal Welfare (IFAW). In November 2006 he chaired the Report of the Sydney Panel of Independent International Legal Experts on Japan’s Special Permit (“Scientific”) Whaling Under

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Program Internals.indd 7 30/08/2010 10:15:07 AM International Law, and in November 2008 chaired the Canberra Panel addressing the same issue. He was also a member of the Paris Panel of Independent Legal Experts on Special Permit “Scientific” Whaling Under International Law (May 2006). He is also an active media commentator and is regularly called upon to provide expert analysis on current international law issues and has appeared on the 7.30 Report, Lateline, Sky News, and ABC Radio ‘AM’, ‘PM’ and ‘The World Today’. His opinion columns have appeared in all the major Australian daily newspapers. In November 2008 he was awarded the Vice-Chancellor’s Award for Community Outreach at the Australian National University. Rothwell is the current Co-Editor in Chief of the Australian Year Book of International Law.

Daniel Stewart ANU College of Law Daniel Stewart is a senior lecturer at the ANU College of Law, Australian National University. He has a Masters in Law from the University of Virginia, where he was a John M Olin Fellow in Law and Economics, and first class honours degrees in both Economics and Law from the Australian National University. He has practiced as a solicitor, been employed with the Corporate Law Economic Reform Program in the Commonwealth Attorney General’s Department and was associate to Justice A. M. North of the Federal Court. His research fields include the legal regulation of public and private governance, the law and economics of regulation, and the role of legal institutions in fostering innovation.

Anne Twomey The University of Sydney Anne Twomey is an Associate Professor in the Sydney Law School. She has practised as a solicitor and is admitted to practice in New South Wales, Victoria, the ACT, and the High Court. She has worked for the as a Senior Research Officer, the Commonwealth Parliamentary Research Service as a researcher in the Law and Government Group, the Commonwealth Senate as Secretary to the Senate Legal and Constitutional Committee, and The Cabinet Office of NSW as Policy Manager of the Legal Branch. She has acted as a consultant to various government bodies.

Christine Wallace Member of Canberra Press Gallery A graduate of the ANU (BA, politics and history), Sydney University (BEc) and the Australian Graduate School of Management (MBA), Wallace’s publications include “Greer, Untamed Shrew” (Pan Macmillan, 1997; Faber & Faber, 1999) and “The Private Don” (Allen & Unwin, 2004). Recent journal articles include “Libertarian Nation By Stealth” (Griffith Review, 16, 2007) and “Clean, Orderly and Laminex Coloured” (Griffith Review, 19, 2008).

Wallace is a member of the Canberra Press Gallery and has worked for a wide range of print and electronic media outlets there including “The Australian”, “Australian Financial Review”, “Business Review Weekly” and ABC-TV. She is a regular member of judging panels for the Walkley Awards for Excellence in Journalism each year. Wallace can be heard on regular radio spots with 666 ABC Radio in Canberra and breakfast on Adelaide’s top rating talk station 5AA. She is writing a biography of Prime Minister Julia Gillard for publication by Allen & Unwin in 2011, and is a PhD candidate at the ANU’s National Centre of Biography.

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