November 2009 NEWSLETTER CENTRE FOR INTERNATIONAL AND PUBLIC LAW logo designed by : Note from the Director . 2 Welcome & other notices . 3 CIPL’s Advisory Board . 4 Reconciliation Action Plan . 5 Events . 7 Forthcoming Events . 18 Australian Year Book of International Law . 19 Cambridge University Press (CUP) Series: Connecting International Law with Public Law . 21 Publications by Centre Members . 22 Presentations, Papers and other Activities . 24 Centre Staff & Members . 32 ANU COLLEGE OF LAW Note from the Director This year’s newsletter covers the period from the 2008 series (see further on page 21 of this newsletter) with the Public law weekend through to this year’s Public Law first book due out this November . Weekend . We are looking forward to seeing how the change The 2009 Australian and New Zealand Society of to a Thursday and Friday schedule of this major Centre International Law (ANZSIL) conference was successfully held for International and Public Law (CIPL) conference affects in Wellington, New Zealand and plans are already beginning the attendance . We appreciated the positive response we for the 2010 conference, which will be held in Canberra on received from one member thanking us for making the Thursday 24–Saturday 26 June, 2010, at University House . timing more family-friendly . I’d like to publicly thank Professor Campbell McLachlan I ended off last year’s note in this section by explaining from the University of Wellington for his stewardship as I would be on study leave for the first half of 2009, as a President of ANZSIL for the past two terms and congratulate Visiting Fellow at the Humanities Research Centre, here at Professor Andrew Byrnes (former acting Director of CIPL) The Australian National University (ANU), with the aim of now at the University of New South Wales (UNSW) who was completing the biography I am writing on Joan Montgomery, elected President of ANZSIL for this term . CIPL’s continuing AM OBE . While the biography is not yet complete, I did role hosting the ANZSIL secretariat is significant and manage to progress it considerably and I thank Professor ANZSIL’s new website housed through the ANU College of Don Rothwell who fulfilled the role of Acting Director for Law website is an important part of ANZSIL’s services to its that period with great effort and attention . membership . Indeed, Professor Rothwell introduced for 2009 a regular Since 2008, CIPL has also acted as the Secretariat for the CIPL Friday lunch-time seminar series, held, where possible, Jessup International Law Moot Court competition, held at on the first, third and fifth Friday of the month . As you the ANU College of law each summer . This year’s secretariat will see in the following pages, the seminars were excellent was managed by CIPL colleagues Matthew Zagor and with consistent strong attendance from a range of people Professor Don Rothwell and we thank them for this work . at ANU and in the broader Canberra community and we are As the ANZSIL meeting was held in New Zealand, our other considering continuing a regular series in 2010 and would key CIPL initiative, the Kirby Lecture in International Law be grateful for your feedback . (held during the ANZSIL conference when it is in Canberra) Beyond the seminar series, the Centre has had a very was held separately in 2009 . CIPL was very happy that the busy year promoting a sustained interest and engagement Hon . Mr Michael Kirby AC CMG could attend and Professor around public law and international law research and the Hilary Charlesworth’s speech was well received . The 2008 intersection between them . In August CIPL hosted its third Kirby lecture, delivered by Professor James Crawford, will workshop bringing together public and international lawyers, appear in this year’s Australian Year Book of International this time focussing on the environment . This workshop was Law (see page 19 of the Newsletter) and Professor jointly supported by the Australian Centre for Environmental Charlesworth’s lecture text is presently available on the CIPL Law (ACEL) here in the ANU College of Law . My colleague, website . An edited version of her lecture will appear in the Brad Jessup, played a key role in assisting in developing 2010 Australian Year Book of International Law . the workshop program and we are grateful to the Vice- Can I also draw to your attention the achievements of those Chancellor’s Travel Fund and the ANU partnership in the within the Centre in the congratulations box below, and to International Association of Research Universities (IARU) the amazing research output and community contributions for funding the travel of the participants from the University of the members of CIPL? As I have stated in each newsletter, of McGill, Oxford, Cambridge, National University of it is a great privilege and pleasure to be working with such Singapore and University of Copenhagen . Work is well talented colleagues . We are all supported by a collegiate underway for this being published as the third in the series Dean in Professor Michael Coper . He is integral to the great emanating from these workshops and I am delighted to sense of community in the ANU College of Law within which report that Cambridge University Press is publishing the CIPL is proudly housed . continued on page 3 CIPL Newsletter November | 2009 Finally, I would like to thank all the people who have supported CIPL in various ways throughout the past year . In particular, Tanya Mark was CIPL’s administrator from August 2008 through to January 2009 and we are pleased she is not too far away, now working over at RegNet at the ANU . The College of Law’s Outreach and Administrative NEWS Support team (COAST) continues to support CIPL, primarily The Minister for Immigration and through its Assistant Manager, Wendy Mohring, who has Citizenship announced his receipt been doing a superb job, supported by its Manager Christine of the report of the Australian Debono and other staff Kristian Draxl and Sarah Hull . CIPL Citizenship Test Review Committee extends its thanks for coordinating CIPL’s busy schedule . Moving forward . Improving Kim Rubenstein, November 2009 Pathways to Citizenship, of which Professor Kim Rubenstein was a member . The Minister also issued the government’s response to the report and legislative changes were introduced during the year . http://www.citizenship.gov.au/__data/assets/pdf_ file/0015/08140/moving-forward-report.pdf WELCOME CIPL is delighted to welcome new ANU members both in the ANU College of Law and from the greater ANU Dominique community, including Regulatory Institutions Network Dalla-Pozza, (RegNet) . For a full list of CIPL members see Associate Lecturer, BA (Hons); http://law.anu.edu.au/cipl/staff.asp LLB (Hons) (Sydney) Moeen Cheema, Teaching Fellow, LLM Dominique Dalla-Pozza joined the ANU College of Law (Harvard); LLB (London) as an Associate Lecturer in mid 2009 . Her teaching and research interests revolve around Australian Public Law and Constitutional Law, and so tie in well with the work done by CIPL . She has been teaching in both of those subjects at the ANU in the second half of 2009 . Dominique is also completing her PhD with the Gilbert + Tobin Centre of Public Law at the Faculty of Law at the Moeen Cheema has been appointed as a Teaching Fellow University of New South Wales . (She was based at this and has an interest in comparative constitutional and centre before joining the ANU .) Her thesis is titled ‘The administrative law . Moeen will be pursuing a PhD on the Australian Approach to Enacting Counter-Terrorism Laws’ . Rule of Law and the development of judicial review theory This work is focused on the counter-terrorism legislation and practices in South Asia . His earlier research focused which was enacted by the Federal Parliament in the five on the implantation of Islamic legality, particularly criminal year period from 11 September 2001–11 September 2006 . laws, in Pakistan’s postcolonial legal system . Moeen’s She is looking forward to using her interest in public academic qualifications include an LLM from Harvard Law law issues as the basis for her continuing research, School and an LLB from the University of London . and becoming involved in future CIPL events . CIPL Newsletter November | 2009 CONGRATULATIONS Congratulations to the following CIPL members: To Simon Rice in his appointment to chair the newly based at Griffith University in Brisbane and CIPL will formed independent Law Reform Advisory Council in miss him on his departure to Queensland the ACT, (alongside his role as Director of Law Reform We are delighted that our colleagues Leighton McDonald and Social Justice in the College) and James Stellios were promoted to Level D (Reader/ The Attorney-General of the Commonwealth, Associate Professor), Vivien Holmes to Level C (Senior Mr Robert McClelland, has announced the appointment Lecturer) and Heather Roberts to Level B (Lecturer) in to the Administrative Appeals Tribunal (AAT), on a full- the 2008 promotions round time basis, of our esteemed colleague Professor Robin At the end of 2008 Emeritus Professor Jim Davis stood Creyke . Robin was Acting Director of CIPL in 2005 and down as Legal Adviser to the Senate Scrutiny of Bills continues as a member of the CIPL Board Committee . Jim has been longest serving legal advisor, To Simon Bronitt, Anne McNaughton with others from having been involved with the committee since 1983 ANU College of Asia and the Pacific (CAP) and ANU To Susan Harris Rimmer who was the first ANU student