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Common Article 1: A Lynchpin in the System to Ensure Respect for International Humanitarian Law – Jean-Marie Henckaerts
In March, the ICRC released an updated Commentary on the First Geneva Convention of 1949. This is the first instalment of six new commentaries aimed at bringing the interpretation of the Geneva Conventions and their Additional Protocols of 1977 to the 21st century. In this blog mini-series co-hosted with the ICRC, three authors will share their perspective on some of the fundamental obligations enshrined in the Geneva Conventions and the evolution of the application and interpretation of these important provisions.
Jean-Marie Henckaerts, ICRC’s Head of the Commentaries Update project, kicks off the mini-series with an examination of why the commitment by States to respect and ensure respect for IHL is more than just a “loose pledge”, and what measures States can take to fulfil this obligation.
“[D]estroying the mausoleums, to which the people of Timbuktu had an emotional attachment, was a war activity aimed at breaking the soul of the people of Timbuktu.” – (Witness P-431) More
Last year, the United Nations Special Rapporteur on Torture found that Australia’s offshore processing system of asylum seekers violates the international convention prohibiting torture. More
In the post-9/11 zeitgeist, the ever-present fear of terrorism has reignited debate regarding whether a State has the right of self-defence against attacks by non-State actors. As Australia targets non-State actors such as ISIS and Al-Qaeda fighters in self-defence, the legality of such actions in international law must be questioned. More
Farewell to buried treasure: Claiming proprietary rights under international law in Ure v Commonwealth — Timothy Gorton
Whilst many dream of claiming their own island slice of paradise, few would have ever done so with the same verve as Alexander Francis Ure. In 1970, Ure claimed the islands of Elizabeth and Middleton Reefs — some 80 miles north of Lord Howe Island — in order to exploit the substantial hydrocarbon deposits he believed to lie beneath. More
WHAT’S NEW IN CHINA’S LEGAL LANDSCAPE
The Law Council of Australia’s International Law Section will host a China Law breakfast on Wednesday 26 October at King & Wood Mallesons in Sydney. Judge Judith Gibson of the District Court of New South Wales will chair a panel of six experts in Chinese law to discuss contemporary legal issues facing the country today.
- ‘One Belt One Road’ and Chinese investment policy;
- IP and Trade Mark legislative changes;
- Consumer legal protection in the era of M-commerce;
- The Guiding Case system; and
- Court use of social media and legal writing issues.
- Professor Vivienne Bath, University of Sydney
- Scott Gardiner, King & Wood Mallesons
- Mary Ip, University of New South Wales
- Professor Vai Io Lo, Bond University
- Belinda Melocco, King & Wood Mallesons
- Professor Natalie Stoianoff, King & Wood Mallesons
- Judge Judith Gibson, NSW District Court (Chair)
For details on the cost of a ticket and the registration form, please click here.
Upcoming Lecture with Justice Keane AC – “Courts and International Arbitration: A Reappraisal of Roles”
The International Law Association, Queensland Chapter warmly invites you to a breakfast lecture by Hon. Justice Patrick Keane AC of the High Court at 7:30 – 8:45 am on Friday 4 November 2016 in the Edinburgh Room, Brisbane Club. He will be speaking on the topic of “Courts and International Arbitration: A Reappraisal of Roles”.
Justice Keane was appointed to the High Court in March 2013. At the time of his appointment he was Chief Justice of the Federal Court of Australia. He served as a judge of the Court of Appeal, Supreme Court of Queensland from 2005-2010 before joining the Federal Court. He is a graduate of the University of Queensland and Oxford University. He was admitted to the Queensland Bar in 1977 and in 1988 he was appointed Queen’s Counsel. He was Solicitor-General for Queensland from 1992 to 2005. Justice Keane AC was appointed a Companion in the General Division of the Order of Australia in 2015.
CPD POINTS: Solicitors may wish to claim 1 general CPD unit, and Barristers may wish to claim 1 CPD point in the Substantive Law category. You will be able to record your attendance by signing an attendance register.
A hot plated breakfast will be served, accompanied by fresh fruit, pastries, juices, tea & coffee. Tickets will cost $60 for Members, $70 f0r Non-Members and $45 for full-time students.