Philosophy, Priorities and Provisional Measures: The ICJ’s Order on the United States’ Sanctions against Iran – Molly Thomas

On 3 October 2018, the International Court of Justice (“the Court”) handed down its decision on provisional measures in the Islamic Republic of Iran’s (“Iran”) case against the United States of America (“United States”) for alleged violations of the 1955 Treaty of Amity, Economic Relations and Consular Rights (“Treaty of Amity”).

The case arose out of the issuing by United States President Donald Trump of a National Security Presidential Memorandum ending the United States’ participation in the Joint Comprehensive Plan of Action (“JCPOA”), a multilateral plan designed to monitor and manage Iran’s compliance with its nuclear disarmament by lifting sanctions imposed on Iran by major world powers, including the United States.  The President ordered that sanctions lifted under the Obama Presidency be reimposed.

Read More

The gig economy and future international labour law regulation: the new horizon – Stephen Ranieri

The traditional labels of employer and employee have, in recent years, broadened globally to accommodate novel labour delivery mechanisms. Leading the way are the ‘gig’ or ‘platform’ economy and ‘on-demand’ workforce. The gig economy is not a term of art, and according to De Stefano, broadly consists of two aspects: ‘crowdwork’ and ‘work on demand via apps’. Crowdwork usually involves micro-tasks of varying degrees of complexity, from the menial (such as tagging photos on social media platforms) to the specialised (such as graphic design or programming tasks). Work on demand via apps involves traditional working activities such as transportation, cleaning, or food delivery sourced through mobile application platforms, with the quintessential example being the ride-sharing app, Uber. Crowdwork can be sourced via multiple online platforms advertising to a large, undefined group of people, usually as an ‘open call’. Conversely, work on demand via apps involves an intermediary responsible for selecting its workforce and distributing work. Such firms usually also set minimum quality standards of service, and are responsible for the overall management and conditions of their workforce.

Read More

Sacred Sites, Corpus Separatum and the Spectre of Monetary Gold: Palestine’s Case against the United States in the International Court of Justice – Molly Thomas

On 28 September 2018, the State of Palestine (“Palestine”) instituted proceedings in the International Court of Justice (“the Court”) against the United States of America (“United States”) regarding the relocation of the embassy of the United States of America in Israel to the Holy City of Jerusalem.

This article will explain the implications of this Application, including its factual background, Palestine’s claims on jurisdiction and merits, and the likely consequences of the filing.

Read More

The Growing Private International Law Community: Report from the Conflict of Laws Section of the Society of Legal Scholars Conference, September 2018, Queen Mary University of London – Michael Douglas

Globalisation has altered the makeup of the work of domestic courts all around the world. Civil litigation is increasingly cross-border. Yet despite the frequent recognition that private international law (conflict of laws) is increasingly important, the subject is still a bit of a niche, at least in Australia. It is a compulsory subject at Sydney Law School but many other law schools do not offer it at all. A handful of Australian academics specialise in the subject, as a handful of barristers hold themselves out as specialists. Happily, that smallish circle is steadily growing.

Read More

ILA Conference 2018 – Day 5: Neither Dead nor Dying

As the curtain descended on the fifth day of the ILA Conference, foreign delegates began bracing themselves for long treks home, just as the jetlag was finally relenting for some.  Meanwhile, Australian delegates were abuzz with the news of the political crisis enveloping Parliament House.

Read More

ILA Conference 2018 – Day 3: Technology, War, Climate, and Political Will

Interesting and thought inspiring presentations were abundant on day three, with sessions spanning ocean management, investment disputes, modern slavery, emerging technologies in conflict, investment disputes across boundaries, international law education and a new topic that the ILA’s Director of Studies is very excited about and had many people talking at morning tea, cities at the frontiers of international law and governance.

Read More

ILA Conference 2018 – Day 1: A taster for what is to come

Tantalising us with a taster for what is to come, the ILA Conference’s Welcome Reception skimmed the surface of several themes woven into the conference program. Although it might seem obvious to a crowd of international legal minds, the speakers reminded us of why the international legal community such as that of the ILA is important, and how international law is a fundamental pillar of global harmony, peace and stability.

Read More

ILA Reporter – Call for Submissions

The ILA Reporter (ilareporter.org.au) is the official blog of the Australian Branch of the International Law Association (ILA). The ILA was founded in Brussels in 1873. It has consultative status, as an international non-governmental organisation, with a number of the United Nations specialised agencies.The ILA Reporter provides analysis, commentary and discussion on issues in public and private international law which have bearing on Australia and the wider region.

Read More