LIV Event – Melbourne – International Commercial Arbitration Moot 2015

The Law Institute of Victoria is holding the International Commercial Arbitration Moot. The moot is designed to provide an opportunity for penultimate and final year university students, law graduates and new solicitors to exercise and improve their advocacy skills in an international arbitration.

Participation in the moot is free. The preliminary round is being held on 15 October 2015 at 5.30 pm.

For further information and registration click here.

Melbourne Journal of International Law releases Issue 16(1)

The Melbourne Journal of International Law (MJIL) has released Issue 1 of Volume 16, which is available publicly on its website. MJIL is a student-edited, generalist international law journal at the University of Melbourne, and is published twice a year.

Issue 16(1) contains the following articles, which may be of interest to ILA Reporter readers:

  • Banal Crimes against Humanity: The Case of Asylum Seekers in Greece, by Ioannis Kalpouzos and Itamar Mann. This article considers actions by Greek and European border agency agents against asylum seekers in Greek detention facilities and whether they may constitute crimes against humanity under the Rome Statute.
  • Ebola: A Threat to the Parameters of a Threat to the Peace?, by Anna Hood. Hood’s article looks at UN Security Council Resolution 2177, which declared the Ebola outbreak in West Africa to be a ‘threat to the peace’ under article 39 the UN Charter. Hood argues that, having for the first time recognised a health issue as a threat to the peace, the Security Council has substantially expanded the scope of the term. Hood considers what new limits there may be on article 39 given this expansion.
  • What Happened to the International Community? R2P and the Conflicts in South Sudan and the Central African Republic, by Spencer Zifcak. The article examines the conflicts in South Sudan and the Central African Republic and the responses of the international community to the intra-state violence that has occurred. Zifcak seeks to explain why the implementation of any doctrine of responsibility to protect to the situations was ultimately insufficient.
  • The Ascendancy of the Lex Loci Delicti: The Problematic Role of Theory in Australian Choice of Tort Law Rules, by Robert Pietriche. This article considers choice of law issues in the context of Australian High Court decisions. Pietriche contends that exclusive reference to the lex loci delicti (the law of the place of the tort) when determining choice of law is an unsatisfactory approach that has at its origins the failure of the High Court’s theoretical approaches in important cases.
  • LGBTI Activism Influencing Foreign Legislation, by Giulia Dondoli. This article looks at the efficacy of LGBTI NGOs participating in transnational advocacy. Dondoli explores examples in Australia and the United Kingdom before looking at potential negative effects of NGO advocacy.
  • Of Souls, Spirits and Ghosts: Transposing the Application of the Rules of Targeting to Lethal Autonomous Robots, by Tetyana (Tanya) Krupiy. The article examines the rules of targeting and their application to the development of ‘lethal autonomous robots’. Krupiy analyses the current employment of three types of robots and their compliance with targeting rules. She describes the decision-making qualities such robots would need so that they could follow the rules of targeting.
  • The Fight against Hooliganism in England: Insights for Other Jurisdictions?, by Alexandra Veuthey and Lloyd Freeburn. This article analyses the effectiveness of the United Kingdom’s regulatory responses to organised group violence and whether their approach has been as successful in other European countries.
  • The Italian Constitutional Court’s Ruling against State Immunity when International Crimes Occur: Thoughts on Decision No 238 of 2014, by Marco Longobardo. The case note explores the 2014 decision of the Italian Constitutional Court, which ruled on the constitutionality of legislation created to implement the ICJ’s 2012 decision Jurisdictional Immunities of the State [2012] ICJ Rep 100. That legislation required Italian judges to deny jurisdiction for trials relating to Nazi crimes in the 1940’s, but the Court ruled it unconstitutional as it limits access to justice. The Court determined that Italy’s judiciary would not implement the international law of state immunity when it is invoked at a trial for international crimes.
  • Privacy in the Digital Era: Human Rights Online?, by Daniel Joyce. The commentary examines the UN General Assembly’s 2014 resolution The Right to Privacy in the Digital Age and uses it a springboard to discuss whether human rights law is successfully being adapted to the modern reality of the digital age.
  • Book Review by Milena Sterio of Self-Determination and Secession in International Law edited by Christian Walter, Antje von Ungern-Sternberg and Kavus Abushov. The book is a collection of essays on questions of self-determination and rights to secession. It is divided in to three parts: Part I addresses the general legal questions around these concepts and recent decisions such as the ICJ advisory opinion, Accordance with International Law of the Unilateral Declaration of Independence in respect of Kosovo [2010] ICJ Rep 403; Part II focuses on case studies from the former Soviet Union such as Transnistria, South Ossetia and Nagorno-Karabakh; and Part III presents ‘comparative studies of secessionist conflicts’ such as Kosovo, Western Sahara and the Crimea.

The Editors encourage readers to let us know of other publications and periodicals on international law by Australian institutions. It is an important goal of the ILA Reporter and the International Law Association in Australia to promote greater awareness of the work of international legal practitioners and academics.

ILA Event – Sydney – Representing Australians Abroad: Practical Lessons from Egypt and Asia

Gilbert + Tobin and the Australian Branch of the ILA are pleased to bring together Professor Donald Rothwell of the ANU College of Law, Christopher Flynn, Partner at Gilbert + Tobin and Barrister Dr Christopher Ward to discuss issues that arise when representing Australians accused of offences committed overseas, including journalist Peter Greste and Andrew Chan and Myuran Sukumaran.

The Panel will discuss matters including the appropriate legal strategies, co-ordination with government and international law issues including trends in the application of the death penalty for drug trafficking crimes.

The event will be held at 6pm, 16 September 2015 at Gilbert + Tobin, Level 37, 2 Park Street, Sydney.

Please RSVP by 31 August 2015 to Kate Vosch (kvosch@gtlaw.com.au).

The event flyer can be accessed here.

French Australian Lawyers Society Event – Melbourne – EU Seminar on Wine Law Regulations and Implications for Australian Lawyers

On 17 September 2015, the French Australian Lawyers Society will hold a seminar on European Wine Law and Regulation and Australian Implications with the Hellenic Australian Lawyers Association and the Italian Australian Lawyers Association.

The speakers are: Dr Matt Harvey, Senior Lecturer in Law at Victoria University, and Stephen Stern, Senior Partner at Corrs Chambers Westgarth.

The event will be held at the RACV Club, 501 Bourke Street, Melbourne, and includes dinner and drinks at a cost of $110 per head.

Registrations may be made here and close 13 September 2015.

ILA Event – International Rules on the Use of Force: Implications for Russia + Ukraine, China + South and East Chinese Seas – 20 August 2015

The ILA is pleased to announce that Dr Alison Pert will deliver a seminar which will cover the history and extent of the maritime territorial claims of China in this area, the competing claims from other states in the region, the arbitral proceedings brought by the Philippines, and the legal status of the islands being created or expanded through Chinese dredging and land reclamation.

Dr Pert will also briefly review the recent history of Russia’s intervention in Ukraine, focussing on the legal justifications advanced by Russia. In light of the status of Russia and China as permanent members of the UN Security Council, protected from Security Council censure by their veto power, Dr Pert will raise the question of the role of international law, and the UN Charter system of collective security in particular, in this new post-post-Cold War era.

The event will be held at 5.30 pm (for a 5.45 pm start), 20 August 2015 at Marque Lawyers, Level 4, 343 George Street, Sydney.

Please RSVP to Phoebe Saintilan (phoebesaintilan@gmail.com) by 18 of August 2015.

A copy of the event flyer is accessible here.

ILA and Baker & McKenzie Event – ‘Sea Level Rise and International Law’ – 10 August 2015

The Editors would like to draw readers’ attention to an upcoming seminar in Sydney, hosted by the International Law Association and Baker & McKenzie.  The seminar is on ‘Sea Level Rise and International Law’.  A flyer about the seminar is available here — it is on Monday 10 August 2015, 12:00 pm to 2:00 pm at Baker & McKenzie’s Sydney office.

The speakers are all members of the ILA’s Committee on International Law and Sea Level Rise:

  • Professor David Freestone (Executive Secretary of the Sargasso Sea Commission) — Committee Co-Rapporteur;
  • Professor Rosemary Rayfuse (University of New South Wales) — Committee Member; and
  • Professor Clive Schofield (University of Wollongong) — Committee Member.

The speakers will discuss the Committee’s work regarding the ‘consequences of sea-level rise on entitlements to maritime areas and on the natural environment’. They will also discuss the Committee’s draft interim report and future programs.  Professor Rayfuse recently published a report on the Committee’s work on the ILA Reporter.

Book Launch – The Silent Victim: Crimes Against the Environment

This event hosts the Australian launch of Professor Steven Freeland’s new book, which considers the inclusion of a new crime in the Rome Statute of the International Criminal Court, to be called ‘Crimes Against the Environment’.

Professor Freeland and Professor Don Henry will discuss the environmental challenges that warfare poses, the legal recourse available under the current legal framework, and the potential for prosecution and remedies under the proposed crime of ‘Crimes Against the Environment’.

The event will be held at 6 pm (for a 6.30 pm start) on 17 August 2015 at King and Wood Mallesons, Level 61, Governor Phillip Tower, 1 Farrer Place, Sydney.

The event flyer can be accessed here.

 

Menzies Foundation scholarships in law

The Menzies Foundation is offering two scholarships for studying commencing in 2016.

  • The Sir Robert Menzies Memorial Scholarship in Law is for courses of study at UK universities.
  • The Sir Ninian Stephen Menzies Scholarship in International Law is for courses of study in international law at a prestigious overseas university.

Both scholarships are valued at up to $75,000.

Applications are now open and close on 31 August 2015

The Menzies Foundation is looking for outstanding law graduates who are shaping up to be the next generation of leaders and looking to do further postgraduate study overseas.

To be eligible, applicants must be Australian citizens and hold a 1st class honours degree or equivalent and be planning to continue their career in Australia on completion of their study.

Candidates should not only display academic excellence but also demonstrate outstanding leadership qualities and a commitment to and interest in community service.

The funds are to meet compulsory university fees and contribute towards the cost of books, equipment, living and travel.

You can see last year’s winners, Patrick Wall and Andrew Currie, online at: http://menziesfoundation.org.au/scholars/scholars-current

For the full prospectus and to apply:

Sir Robert Menzies Memorial Scholarship in Law: http://menziesfoundation.org.au/scholarships/law

Sir Ninian Stephen Menzies Scholarship in International Law: http://menziesfoundation.org.au/scholarships/international-law

7th Annual International Arbitration Moot 2015

The NSW Young Lawyers International Law Committee is hosting the 7th Annual International Arbitration Moot 2015 in Sydney.

The information brochure and application form can be found here.

The main round of the moot will take place on 29 August 2015, with finals to be held on 1 September 2015.

The moot problem will involve a contractual dispute between two international companies. The problem will raise procedural issues (such as the rules of the arbitration institution and the jurisdiction of the Tribunal) and substantive issues (relating to the parties’ rights and obligations arising from the construction of the contract between them).

The event is open to young lawyers, law graduates and law students.

Applications close Friday 26 June 2015.

Please contact Erika Williams at Erika.Williams@bakermckenzie.com if you require further information.