The Editors of the Melbourne Journal of International Law (‘MJIL’), Australia’s premier generalist international law journal, are now inviting submissions for volume 20(1).
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.
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.
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.
The bad example set by Australia is damaging a global system already in crisis. But it’s not too late to change tack
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.
Day four was like walking into IKEA – you wanted everything, even if it wasn’t relevant to you or you had no practical use for it, and it was anxiety inducing to walk past a room without going inside. The sessions were topical, contentious, and the panelists colourful and compelling in their breadth and depth of experience.
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.
Day 2 of the ILA Conference commenced with an invigorating opening ceremony, plunging us back in time to the to the very germination of international law, and the conditions that promoted its growth and proliferation.
Cara North is a Senior Associate at Lipman Karas LLP in London, and a Consultant for the Hague Conference on Private International Law (Hague Conference) on the Judgments Project. She has worked on a number of complex, high-value international fraud and insolvency cases, and has a particular interest in private and public dispute resolution. Cara will be speaking at the seminar on Challenges with Foreign Judgments, taking place on Wednesday 22 August from 9am – 10:30am. Her paper is entitled ‘A Piece of the Puzzle: The Judgments Project and Transnational Legal Cooperation in Challenging International Times.’