EVENT: The Work of the Hague Conference on Private International Law

13/08/201813/08/2018 Editors Articles, Events

An information session about the work of the Hague Conference on Private International Law (the Hague Conference) will be delivered by Brody Warren, Legal Officer of the Permanent Bureau of the Hague Conference on 23 August 2018.

Brody Warren was the 2014 Peter Nygh Hague Conference Intern. After completing his internship in 2014, Mr Warren was appointed as a legal officer of the Hague Conference, and he continues to hold that position. Mr Warren will speak about the current work of the Hague Conference and will answer any questions which prospective applicants for the Peter Nygh Hague Conference Internship may have.

Aboriginal Treaties: for the Past, Present and Future – Prof. Irene Watson

09/08/201818/08/2018 Editors Articles, Events, Opinion

This article is part of a series posted by the ILA Reporter to mark International Day of the World’s Indigenous Peoples.

‘Treaty’ is a loaded word and concept. This is particularly the case when it is viewed through the lens of western jurisprudence which is applied to the politico-legal relationships between First Nations and colonial settler states.

In colonial relationships, the question of power is central to the view and version of how a treaty is privileged. Historically, the treaties entered into between colonial states and First Nations have favoured one treaty party – the colonial state, in every instance.

ILA Reporter – Call for Submissions

21/06/2018 Editors Events, ILA Updates

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.

Privacy as a Universal Human Right: Beyond the OECD Guidelines to the UN Special Rapporteur on the Right to Privacy – The Hon Michael Kirby AC CMG

08/06/201810/06/2018 Editors Analysis, Articles, Opinion

It is curious that people who were so insistent on privacy in their ordinary lives, the British, should have been so neglectful in developing effective judicial and other legal rules for its protection. Nowhere was this irony more noticeable than in the Australian outposts of the British Empire.

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

04/06/201809/10/2018 Editors Analysis, Articles, ILA Updates

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:

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

30/05/201830/05/2018 Editors Analysis, Articles, Opinion

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.

Interview with William Brydie-Watson, Legal Officer at Unidroit – Nandini Bajaj

24/05/201824/05/2018 Editors Articles, Opinion

I recently had the opportunity to interview William Brydie-Watson, a legal officer at the International Institute for the Unification of Private Law (Unidroit). Unidroit was established in 1926 as an auxiliary body for the League of Nations, and then reformed in 1940 under the Unidroit Statute. Its purpose is to study and develop needs and methods for modernising, harmonising, and coordinating private law between States, with a focus on commercial law. Mr Brydie-Watson oversees the development of several of Unidroit’s current legislative projects, acts as Unidroit’s representative to APEC, manages the Unidroit Foundation as well as supervising interns and research scholars at Unidroit.

Call for Papers – Australian International Law Journal

23/05/201824/05/2018 Editors Events, ILA Updates

The Australian International Law Journal, published by the Australian Branch of the International Law Association, is calling for papers of between 6,000 and 12,000 words on topics of public or private international law. Casenotes (2,000-3,000 words) and book reviews (1,000 words) within the area of public or private international law are also welcome.

Papers should be submitted by email to the Editors c/o [email protected]. The deadline for submissions is 30 September 2018. Accepted submissions will be published in Volume 24 of the Journal.

Persons interested in submitting a paper for consideration should refer to the AILJ Guidelines for Authors.

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

15/05/2018 Editors Analysis, Articles, Opinion

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.

Call for Papers – Melbourne Journal of International Law

01/05/201824/05/2018 Editors Events

The Editors of the Melbourne Journal of International Law (‘MJIL’) are now inviting submissions for volume 19(2).

The deadline for submissions is 1 July 2018. MJIL is a peer-reviewed academic journal based at the University of Melbourne which publishes innovative scholarly research and critical examination of issues in international law.

Submissions and inquiries should be directed to [email protected]. For more information please visit http://law.unimelb.edu.au/mjil/submissions.