Last year, the United Nations Special Rapporteur on Torture found that Australia’s offshore processing system of asylum seekers violates the international convention prohibiting torture.
Category: Articles
What right does Australia have to defend itself against terrorists? – Phillip Alphonse
In the post-9/11 zeitgeist, the ever-present fear of terrorism has reignited debate regarding whether a State has the right of self-defence against attacks by non-State actors. As Australia targets non-State actors such as ISIS and Al-Qaeda fighters in self-defence, the legality of such actions in international law must be questioned.
Farewell to buried treasure: Claiming proprietary rights under international law in Ure v Commonwealth — Timothy Gorton
Introduction
Whilst many dream of claiming their own island slice of paradise, few would have ever done so with the same verve as Alexander Francis Ure. In 1970, Ure claimed the islands of Elizabeth and Middleton Reefs — some 80 miles north of Lord Howe Island — in order to exploit the substantial hydrocarbon deposits he believed to lie beneath.
With you… for whatever? The Chilcot Report on the United Kingdom’s Involvement in the Iraq War and its Aftermath – Luke Rowe
On 11 September 2001, 3000 people were killed in co-ordinated terrorist attacks in New York, Washington and Pennsylvania.
Free Speech, Racial Hatred and s 18C: Renewed Calls for Legislative Amendment – Esther Pearson
The wording of s 18C of the Racial Discrimination Act 1975 (Cth) (“RDA”) is once again the subject of heated political debate, after Liberal Senator Cory Bernardi put forward a motion to rewrite the section.
Rule of Law slips further away in post-coup Turkey – Uzma Sherieff
The road to European Union membership is notoriously long and difficult; its conditions are many and, if successful, its speedy rewards scarce. Few nations are more familiar with this truth than Turkey.
The South China Sea Ruling: Philippines v China – Lea Christopher
On 12 July 2016, a five-member arbitral tribunal (‘Tribunal’) handed down a historic final award in Republic of the Philippines v People’s Republic of China, an arbitration instituted by the Philippines under the United Nations Convention on the Law of the Sea (‘Convention’).
The Case of Hissène Habré before the Extraordinary African Chambers – Alexis Hedger
From being forcibly dragged into the courtroom in the Extraordinary African Chambers in Dakar, Senegal, last July, to finally facing justice at the hands of Senegal the African Union, the journey to conviction of former Chadian leader Hissene Habré represents a “significant moment” for international criminal law.
The ICJ’s docket grows in June 2016: an overview of Iran v US, Equatorial Guinea v France and Chile v Bolivia
This month, three contentious cases have been instituted by States in the International Court of Justice (ICJ).
This breaks a dry spell for the ICJ, where no proceedings were commenced in 2015.
Getting India to Bite: the Australia-India Comprehensive Economic Cooperation Agreement – Umair Ghori
Everyone wants a piece of India in recent times. No surprises there! The Indian economy has gone from strength to strength. Indian Prime Minister Narendra Modi is pursuing an ambitious agenda for promoting manufacturing in India as the cornerstone for his long-term economic strategy.