The High Court, Internal Relocation and Complementary Protection: Examining the Case of CRI 026 v Republic of Nauru – Esther Pearson

The ability of an applicant for refugee status to relocate within their country of origin to escape persecution forms the basis of an important concept in international refugee law, known variously as the “internal relocation alternative”, or the “internal flight alternative”. The concept provides that if internal relocation is relevant and reasonable, the applicant is not a refugee. The concept is not codified in the Convention Relating to the Status of Refugees, however, it is relevant to the question of whether the applicant meets the definition of “refugee” as set out in Art 1A(2) of the Convention, as being any person who:

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The Reluctant Reformer? Australia’s Role in the Fight Against International Bribery and Corruption – Anita Clifford

Close to twenty years after the Organisation for Economic Co-operation and Development (OECD) Convention on Combating Bribery of Foreign Public Officials entered into force, significant reform of Australia’s anti-bribery architecture is underway. Parliamentary debate over the Crimes Legislation Amendment (Combatting Corporate Crime) Bill 2017 (Cth) (the Bill) is anticipated during the next half of 2018. With an anti-bribery focus, the Bill presents an opportunity for Australia to play a greater role in the global fight against corruption and its pernicious effect on fair business and basic human rights. Sentiments expressed by Kofi Annan on the adoption of the 2003 UN Convention against Corruption are no less pertinent today. Imploring all nations, prosperous and less prosperous, to cooperate against corruption, the then Secretary-General noted that it ‘hurts the poor disproportionately by diverting funds intended for development, undermining a government’s ability to provide basic services, feeding inequality and injustice, and discouraging foreign investment and aid’. Relatedly, bribery and corruption stagnates the rule of law and breeds distrust in government institutions.

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After the Greater Sunrise: The Foundations and Future of Alternative Dispute Resolution in International Law – Molly Thomas

The recent success of the conciliation between Timor-Leste and Australia has put a spotlight on alternative dispute resolution in international law, a far cry from the disappointments of the South China Sea arbitration in which China refused to participate. In the context of these recent developments, this article will explore the philosophy, popularity and possibilities of alternative dispute resolution in international law.

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Australia’s disengagement from international refugee law: The principle of non-refoulement and the doctrine of jurisdiction – Sophie Capicchiano Young

In an interview with Guardian Australia, Home Affairs Minister Peter Dutton has voiced his opinion that ‘like-minded nations’ should consider a revision of the 1951 Convention Relating to the Status of Refugees (“the Convention”). The objective of such a revision would be (though he has not explicitly said so) to degrade the non-refoulement obligation, which provides that States cannot expel or return (“refouler”) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion. It is the cornerstone to refugee protection and the subject of the vast majority of refugee-related litigation globally.

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Assisted Dying in Victoria – Part I: An Overview of the Voluntary Assisted Dying Act 2017 (Vic) – Stevie S Martin

Victoria has recently become the latest jurisdiction to legalise assisted dying (a term employed here as a ‘catchall’ phrase intended to cover both assisted suicide and euthanasia). It joins Belgium, Canada, Colombia, Luxembourg, the Netherlands and the US States of California, Colorado, Oregon, Vermont and Washington, and the District of Columbia, which have all introduced legislation permitting some form of assisted death.

Missing from this list are jurisdictions such as Switzerland in which assisted suicide is not unlawful but is also not expressly permitted by legislation. This might come as a surprise, as Switzerland is widely recognised as a jurisdiction that allows assisted suicide, largely as a result of organisations such as Dignitas which provide assistance to residents and non-residents in dying by suicide. In Switzerland, however, there is no legislation akin to Victoria’s Voluntary Assisted Dying Act 2017 (‘VAD’). Rather, art 115 of the Swiss Penal Code criminalises assisting or inciting another’s suicide based on ‘selfish motives’. Thus, provided the assistance is not so motivated, it may be given without risk of prosecution.

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The United Nations Human Rights Council: Bridge or Barrier to Change? – Dr John Pace

In his address at the opening of the current session of the Human Rights Council (HRC), the High Commissioner, Zeid Ra’ad Al Husseini announced that, since this would be his last address as High Commissioner, he was going to be blunt – and indeed blunt he was.

His first target was the permanent members of the United Nations (UN) Security Council (SC) and the ‘pernicious use of the veto’, which made those who used it responsible, ‘second to those who are criminally responsible … for the continuation of so much pain … it is they – the permanent members – who must answer before the victims’.

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The Exponential Growth of Child-Abuse via the Internet: A call for International and National Action – Judith Latta

With the development of peer-to-peer networks and the dark web (a sub set of the deep web), child abuse activities are now mostly occurring in anonymous and encrypted environments largely out of reach of law enforcement bodies. Images are stored by the terabytes on personal hard drives and shared by the millions. For some people the anonymity seems to have ignited what may previously have been latent tendencies. (Understanding and Preventing Online Sexual Exploitation of Children, Edited by Ethel Quayle and Kurt M. Ribisl. 2012 Routledge. Chapter 11, ‘Situational prevention of child abuse in the new technologies’. Richard Wortley, Jill Dando Institute of Security and Crime Science, University College London. Introduction.) Fueling the problem and driving it to new almost unthinkable dimensions is the issue of desensitisation and destabilisation. (Heather Wood, Internet pornography and paedophilia, Psychoanalytic Psychotherapy, (2013) 27:4, 319-338)

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Rights to Abortion in 2018: Sensing the Winds of Change? – Ailsa McKeon

It has been estimated that each year, approximately 25 million unsafe abortions take place. This number represents nearly half of all abortions undertaken worldwide. Almost all unsafe abortions occur in developing countries, where around 7 million women annually are hospitalised following terminations performed without the assistance of a trained health worker and in other conditions that place women at risk. Whether abortion is legal and accessible play an enormous role in determining whether a woman will have to take this route to end an unwanted pregnancy.

It is undeniable that the right to life represents a fundamental building block to achievement of all other human rights, but where argument tends to arise is in asking in whom this right accrues. The question of when life begins, considered from scientific, legal, philosophical and religious perspectives, yields a variety of answers, none of which is definitive. Yet, while this may be an interesting philosophical debate, for women seeking to terminate unwanted pregnancies the discord becomes tangible. Throughout the world women’s bodies are the subject of government intervention in the form of how society deals with the legality and practicalities of abortion. While some regimes are highly permissive, treating abortion as an issue of women’s health, others are restrictive to the point of harm, to the extent that a woman may be convicted of a crime for having suffered a miscarriage.

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The Treatment of Bitcoin across Different Jurisdictions – Anja Kantic

Bitcoin has taken the world by storm as the most popular cryptocurrency. Bitcoin is a means of peer-to-peer transacting with no middleman institutions or banks, no transaction fees and no delay in transfer between parties all around the world. This ease and convenience makes it a popular alternative to conventional banking, in spite of its fluctuating and volatile value.

It is useful to explore the treatment of Bitcoin across different jurisdictions in order to understand how it functions and how it will affect transacting in the future.

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The High Court of Australia, torture, and ‘oblique intention’ – Stephen Ranieri

(“High Court of Australia” by Malcolm Tredinnick/Flickr. Adapted from original.)

The absolute prohibition of torture, both as a matter of treaty law and international customary law, has been described as one of the ‘few issues on which international legal opinion is [most] clear’ and its transgressors rightfully identified as the ‘common enemies of mankind’. In SZTAL and SZTGM v Minister for Immigration and Border Protection [2017] HCA 34 (SZTAL), the High Court of Australia recently had cause to consider the CAT, ICCPR, and other international legal materials regarding torture, in relation to Australia’s ‘complementary protection regime’ established through the Migration Act 1958 (Cth) (Migration Act). 

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