Australian International Law Journal - AZ
- LEGAL CONSIDERATIONS CONCERNING RECOGNITION OF ISRAELI SOVEREIGNTY OVER THE GOLAN HEIGHTS.
- Excluded from the refugee protection but unreturnable: The international human rights protection of the undesired.
- Due process and the death penalty in the Asia-Pacific region.
- INDIGENOUS WOMEN'S RIGHTS IN INTERNATIONAL LAW: A COMPARATIVE ANALYSIS OF THE UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES AND THE AMERICAN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES.
- Costs Awards by International Courts and Tribunals: Key Lessons from Philip Morris v. Australia.
- Evolutionary trends in maritime piracy: a possible assessment of eco-activists' conduct.
- INVESTOR-STATE DISPUTE SETTLEMENT CHALLENGES AND REFORMS.
- Flight MH370: international law and how we use it.
- THE URGENDA CLIMATE CHANGE CASE: HOW THE DUTCH SUPREME COURT INTERPRETED THE ECHR TO INCORPORATE PROTECTIONS FROM THE DANGERS OF CLIMATE CHANGE.
- The South China Sea arbitration (The Republic of the Philippines v The People's Republic of China).
- NOT SO INNOCENT ABROAD: ELIMINATING THE FACILITATION PAYMENTS EXCEPTION IN AUSTRALIA AND THE UNITED STATES' FOREIGN BRIBERY PROVISIONS.
- WHEN TWAIL MET CIVILIAN PROTECTION: ANALYSING THE IMPACT OF THE KIGALI PRINCIPLES IN AFRICAN CIVIL CONFLICT.
- Should MFNT exclude dispute resolution? An evaluation of the Australian approach.
- Operating international law in a global context: presentation of a three steps method.
- RESPONSIBILITY RISING FROM THE RUBBLE: LESSONS FROM THE BANGLADESH ACCORD FOR ARBITRATION OF BUSINESS AND HUMAN RIGHTS DISPUTES.
- Coming to terms with a new role: the approach of the International Court of Justice to the interpretation of human rights treaties.
- PROTECTING CHILDREN FROM UNINTENDED EFFECTS OF RETURN ORDERS UNDER THE 1980 HAGUE CONVENTION.
- The ring of fire: Foreign State Immunity in Firebird Global Master Fund II Ltd v Republic of Nauru.
- Kiobel, the Alien Tort Statute and the common law: human rights litigation in this 'present, imperfect world.'
- Parallel proceedings in investment arbitration: moving forward after Orascom TMT investments v. Algeria.
- Of relative rights and putative children: rethinking the critical framework for the protection of refugee children and youth.
- Eweida v United Kingdom.
- The U.N. convention on electronic contracting: Back from the dead?
- FILLING THE GAP:THE NEW REGIME OF RESPONSIBILITY FOR ARMED NON-STATE ACTORS.
- THE TERRITORIAL SCOPE OF INVESTMENT TREATIES: APPLICABILITY OF INTERNATIONAL INVESTMENT LAW TO SPACE MINING ACTIVITIES.
- Mind the gap: child soldiers and the law of targeting.
- RESPONDING TO LAW OF THE SEA VIOLATIONS.
- UNTANGLING THE HIGH COURT'S APPROACH TO INTERPRETING DOMESTIC STATUTES THAT INCORPORATE TREATIES.
- PROTECTING INDIGENOUS RIGHTS AT HOME: A COMPARATIVE ANALYSIS OF THE WAY FORWARD FOR DOMESTIC IMPLEMENTATION OFTHE .
- The unknown territories of the national security exception: the importance and interpretation of art. XXI of the GATT.
- A WAR CRIME BY ANY OTHER NAME: DOMESTIC PROSECUTIONS OF CONDUCT CONSTITUTING WAR CRIMES.
- FREEDOM (?) OFTHE HIGH SEAS: SOME PRELIMINARY REMARKS ON A VENERABLE OLD CONCEPT.
- INTERNATIONAL CRIMINAL JUSTICE:THREAT OR STRENGTH TO STATE SOVEREIGNTY?
- THE DUE DILIGENCE PRINCIPLE FROM INTERNATIONAL TO DOMESTIC LAW:APPLYING THE PRINCIPLE IN PRACTICE.
- Time to put on the 3-D glasses: is there a need to expand JSCOT's mandate to cover 'instruments of less than treaty status'?
- HUMAN RIGHTS FOR REGULATORS: USING INTERNATIONAL STANDARDS TO ASSIST IN DOMESTIC REGULATION.
- INTRODUCTION TO THE FORUMS IN RESOLVING INTERNATIONAL AVIATION DISPUTES.
- ADAPTING GATT ARTICLE XXI(B) (III)TO CLIMATE CHANGE THREATS: AN OVERDUE RETHINKING OF SECURITY BLUES FOR AN URGENT GREEN WAY FORWARD?
- EXTENDING A COLLECTIVE HUMAN RIGHT TO ADDRESS A GLOBAL CHALLENGE: SELF-DETERMINATION FOR REFUGEES, ASYLUM SEEKERS AND STATELESS PERSONS.
- Consequences of Kampala: Assessing the impact of an International Criminal Court finding of aggression.
- The ICC regime of victims' reparations: more uncertainties and inconsistencies brought to light by recent cases.
- TIME FOR A REAPPRAISAL? THE INTERTEMPORAL PRINCIPLE OF INTERNATIONAL LAW EXAMINED.
- The immunities of state officials in civil proceedings involving allegations of torture.
- WHEN DO MEDICAL PERSONNEL PROVIDING BIOMEDICAL ENHANCEMENTS PARTICIPATE DIRECTLY IN HOSTILITIES?
- The judgments project: a review of the Hague Conference on Private International Law's work in progress.
- To bind or not to bind: the United Nations Declaration on the Rights of Indigenous Peoples five years on.
- Declining jurisdiction in the Hague's proposed judgments convention: amalgamating the 'more appropriate forum' and the 'clearly inappropriate forum' tests to provide the optimal forum non conveniens clause.
- AN OUNCE OF PREVENTION IS WORTH A POUND OF CURE:THE ROLE FOR INTERNATIONAL LAW IN PREVENTING PANDEMICS.
- TECHNOLOGY AND INTERNATIONAL LAW AN EMERGING MARKETS PERSPECTIVE.
- INTERPRETING THE 1988 UNITED NATIONS DRUG CONVENTION: DOES IT ALLOW DECRIMINALISATION OF DRUG POSSESSION?
- Barriers to universal membership of the World Trade Organization.
- ROLE OF NON-STATE ACTORS IN THE PARIS AGREEMENT AND THE DEVELOPMENT OF INTERNATIONAL LAW.
- APPEALS RELATING TO THE ICAO COUNCIL'S JURISDICTION UNDER ARTICLE II, SECTION 2, OF THE 1944 INTERNATIONAL AIR SERVICES TRANSIT AGREEMENT AND ARTICLE 84 OF THE CONVENTION ON INTERNATIONAL CIVIL AVIATION.
- The operations of the Islamic State and the relevance of international humanitarian law.
- Jurisdictional Immunities of the state (Germany v Italy; Greece intervening) (judgment) International Court of justice, general list no 143, 3 February 2012).
- A SURVEY OF THE JURISDICTION RULES IN UNIMODAL TRANSPORT CONVENTIONS AND THEIR IMPACT ON INTERNATIONAL MULTIMODAL TRANSPORT OF GOODS CONTRACTS.
- International Court of Justice, case of obligations concerning negotiations relating to cessation of the nuclear arms race and to nuclear disarmament (Marshall Islands v United Kingdom, Pakistan and India) (2016).
- PROPOSING A MODEL OF IMMUNITY FOR PEACEKEEPERS: THE SOVEREIGNTY/JUSTICE BALANCE - WHAT SORT OF IMMUNITY SHOULD PEACEKEEPERS HAVE IF JUSTICE IS TO BE ACHIEVED FOR VICTIMS OF WAR CRIMES?
- INTERNATIONAL LAW PRINCIPLES AND THE PROTECTION OF PRIVATE RIGHTS UNDER THE TRANSITIONAL ARRANGEMENTS OF THE MARITIME BOUNDARIES TREATY BETWEEN AUSTRALIA AND TIMOR-LESTE.
- The paradox of peacetime espionage in international law: from state practice to first principles.
- LEGAL CONSEQUENCES OF THE SEPARATION OF THE CHAGOS ARCHIPELAGO FROM MAURITIUS IN 1965 (ADVISORY OPINION OF 25 FEBRUARY 2019), INTERNATIONAL COURT OF JUSTICE: HISTORICAL CUSTOMARY INTERNATIONAL LAW AND SELF-DETERMINATION IN THE COLONIAL CONTEXT.
- OPINION 1/17-THE EUROPEAN COURT OF JUSTICE, ISDS AND IMPLICATIONS FOR AUSTRALIA.
- Prosecutor v. Ntaganda: the end of impunity for sexual violence against child soldiers?
- Victim participation at the International Criminal Court and its impact on procedural fairness.
- SEEKING REPRIEVE, BUT NOT THROUGH ECHR ARTICLE 6(I): R (REPRIEVE AND OTHERS) V PRIME MINISTER [2020] EWHC 1695 (ADMIN); [2021] EWCA CIV 972.
- The sole effects doctrine, police powers and indirect expropriation under international law.
- Nystrom v Australia, UN Doc CCPR/C/102/D/1557/2007 (18 July 2011).
- AUTONOMOUS WEAPON SYSTEMS AND THE LAW OF ARMED CONFLICT (CAMBRIDGE UNIVERSITY PRESS, 2020).
- The implications of Romak v Uzbekistan for defining the concept of investment.
- Responding to attacks by non-state actors: the attribution requirement of self-defence.
- Al-Skeini v United Kingdom (2011) 53 EHRR 18.
- THE QUEEN (ON THE APPLICATION OF CAMPAIGN AGAINST ARMS TRADE) AND THE SECRETARY OF STATE FOR INTERNATIONAL TRADE AND OTHERS [2019] EWCA CIV 1020 ('CAAT V SOS').
- High Court of Australia: SZTAL v. Minister for Immigration and Border Protection; SZTGM v. Minister for Immigration and Border Protection.
- 'Direct participation in hostilities': a legal and practical road test of the International Committee of the Red Cross's guidance through Afghanistan.
- Trade and Public Health: The WTO, Tobacco, Alcohol, and Diet.
- International jurisdiction agreements and the recognition and enforcement of judgments in Australian litigation: is there a need for the Hague Convention on Choice of Court Agreements?
- The applicability of international law as governing law of state contracts.
- Jens David Ohlin and Larry May: Necessity in international law.
- Comment: the CRPD and children with disabilities.
- Indefinite security detention and refugee children and families in Australia: international human rights law dimensions.
- Hugh Thirlway: The International Court of Justice.
- Conceptualising Australian citizenship for children: a human rights perspective.
- Sitting on solid ground: the international legal basis for overseas sittings of the Military Court of Australia.
- Momcilovic v The Queen (2011) 245 CLR I.
- PAULINE THERESE COLLINS: CIVIL-MILITARY 'LEGAL' RELATIONS: WHERE TO FROM HERE?
- Due Process of Law Beyond the State.
- The Genocide Convention case: confusion or clarity? Case Concerning the Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), judgment of 26 February 2007, General List No. 91.
- Is the crisis of climate change a crisis for international law: is international law too democratic, too capitalist and too fearful to cope with the crisis of climate change?
- Ending abusive and exploitative child labour through international law and practical action.
- Compliance v cooperation: China and international law.
- Decision no. 2-3/PUU-V/2007 (2007) (Indonesian Constitutional Court).
- Creating new futures for all children: the promise of international human rights law.
- Case concerning pulp mills on the River Uruguay (Argentina v. Uruguay) (Judgment) (2010) ICJ Rep (20 April 2010).
- R.
- Hicks v. Ruddock.
- Amici curiae in investor-state arbitrations: two recent decisions.
- Secretary of State for the Home Department v David Hicks.
- Case concerning Pulp Mills on the River Uruguay.
- Minister for Home Affairs of the Commonwealth v Zentai.
- ICSID Case No ARB/10/5: Tidewater v Venezuela, decision on jurisdiction.
- The Culture of International Arbitration and the Evolution of Contract Law.
- Gherebi v. Obama.
- Transnational Crime and Human Rights: Responses to Human Trafficking in the Greater Mekong Subregion.
- Kracke v. Mental Health Review Board.
- Foreword.
- Zhang v. Zemin.
- Hate Speech and Freedom of Speech in Australia.
- Foreword.
- Commission of the European Communities v. Sweden (2009) (C-249/06) & Commission of the European Communities v. Austria (2009) (C-205/06).
- International arbitration in Australia: selected case notes and trends.
- Introduction to a mini symposium: creating new futures for all: international law and the protection of migrant children at risk.
- Beyond Compliance: China, International Organizations, and Global Security.
- Protecting Australian cyberspace: are our international lawyers ready?
- From humanitarian discretion to complementary protection - reflections on the emergence of human rights-based refugee protection in Australia.
- The nature, status and future of amnesties under international criminal law.
- Lifting the organisational veil: positive obligations of the European Union following accession to the European Convention on Human Rights.
- Not yet out of the woods: Australia's attempt to regulate illegal timber imports and World Trade Organization obligations.
- Recent judicial aberrations in Australian private international law.
- Deep Seabed Mining: implications of Seabed Disputes Chamber's advisory opinion.
- The survival of head of state immunity at the International Criminal Court.
- The last frontier of human rights protection: interrogating resistance to regional cooperation in the Asia-Pacific.
- Splendid isolation? Australia as a destination for 'libel tourism'.
- Symposium paper: the Future of Private International Law in Australia.
- SGS Societe Generale de Surveillance SA v the Republic of Paraguay, decision on jurisdiction, case No ARB/07/29, International Centre for Settlement of Investment Disputes.
- Non-legally binding international fisheries instruments and measures to combat illegal, unreported and unregulated fishing.
- There's no place like home: human displacement and climate change.
- Justiciable socio-economic rights? South African insights into Australia's debate.
- Novel treaty-based approaches to resolving International Investment and Tax Disputes in the Asia-Pacific region.
- Playing the ace? Jus cogens crimes and functional immunity in national courts.
- The integration of article 25 arbitration in WTO dispute settlement: the past, present and future.
- Breaking in the 'unruly horse': the status of mandatory rules of law as a public policy basis for the non-enforcement of arbitral awards.
- Engaging with the United Nations treaty bodies: a fruitful dialogue?
- The contribution of the UNHCR Executive Committee to the development of international refugee law.
- The Australian trials of class B and C Japanese war crime suspects, 1945-51.
- Intervening interests: humanitarian and pro-democratic intervention in the Asia-Pacific.
- Targeting the terrorist enemy: the boundaries of an armed conflict against transnational terrorists.
- At the fault-lines of armed conflict: the 2006 Israel-Hezbollah conflict and the framework of international humanitarian law.
- Amnesties and the Rome Statute--a legitimate bar to prosecution?
- Blurring the lines between international and non-international armed conflicts - the evolution of customary international law applicable in internal armed conflicts.
- David Hicks: prisoner of war or prisoner of the war on terrorism?
- The Asian Development Bank and the role of human rights in the pursuit of just and sustainable development in the Asia-Pacific region: an advocacy role for Australia?
- Strengthening the rule of law in the Pacific through international crime cooperation.
- Secondary forms of genocide and command responsibility under the statutes of the ICTY, ICTR and ICC.
- Like oil and water: a sceptical appraisal of climate change and human rights.
- A dog without a bark: a critical assessment of the international law on language rights.
- China--Measures Related to Exportation of Various Raw Materials, report of the Appellate Body.
- The Review Conference on the Rome Statute of the International Criminal Court, Kampala, Uganda.
- Victim participation at the International Criminal Court.
- EU financial reform and new opportunities for European integration.
- Wearing his jacket: a feminist analysis of the serious crimes process in Timor-Leste.
- Symposium paper: the Future of Private International Law in Australia.
- Hybrid and Internationalised Criminal Tribunals: Selected Jurisdictional Issues.
- Attribution of conduct by State armed forces participating in UN-authorised operations: the impact of Behrami and Al-Jedda.
- Prosecutor v. Karadzic (ICTY, Case No IT-95-5/18): the indictment, English language and Holbrooke Agreement decisions.
- The Multilateralization of International Investment Law.
- What's in a name? A theory of crimes against humanity.
- Financing adaptation in Pacific Island countries: prospects for the post-2012 climate change regime.
- Preserving a balanced ocean: regulating climate change mitigation activities in marine areas beyond national jurisdiction.
- Innovative mechanisms for resolving or avoiding inter-state trade disputes in an Asia-Pacific regional free trade agreement.
- Protecting world heritage sites from the adverse impacts of climate change: obligations for states parties to the World Heritage Convention.
- The international legal issues relating to the facilitation of sub-seabed (CO.sub.2) sequestration projects in Australia.
- Human rights and climate change.
- Plaintiff M 70/2011 v Minister for Immigration and Citizenship: plaintiff M106/2011 v Minister for Immigration and Citizenship.
- The coherence of multilateral regulation.
- Habib v. Commonwealth of Australia.
- State responsibility and self-defence in international law post 9/11: has the scope of article 51 of the United Nations Charter been widened as a result of the US response to 9/11?
- Interlocutory Decision on the applicable law: terrorism, conspiracy, homicide, perpetration, Cumulative Charging (United Nations Special Tribunal for Lebanon, Appeals Chamber.
- Appellate Body Report, Australia - measures affecting the importation of apples from New Zealand, WTO Doc WT/DS367/AB/R (29 November 2010).
- Implementing treaty obligations to combat human trafficking: the Japanese Law reforms of 2005.
- Holder, Attorney general v Humanitarian Law Project 561 US (2010): does training in international humanitarian law and human rights law constitute 'material support to terrorism'?
- Examining the role of legislators in the protection of refugee rights: toward a better understanding of Australia's interaction with international law.
- Gaming for 'good governance' and the democratic ideal: from universalist rhetoric to Pacific realities seen through a Fijian microscope.
- The continuing question of sovereignty and the Sovereign Military Order of Jerusalem, of Rhodes and of Malta.
- Australia - measures affecting the importation of apples from New Zealand, WTO Panel Report, WTO Doc. WT/DS367/R (9 August 2010).
- Zhang v. Zemin (2010) NSWCA 255 (5 October 2010).
- Symposium paper: the UNIDROIT Principles of International Commercial Contracts: achievements in practice and prospects for the future.
- Symposium paper: long-term relational contracts and the UNIDROIT Principles of International Commercial Contracts.
- Symposium paper: afterthoughts: international commercial contracts and arbitration.
- Accordance with International Law of the Unilateral Declaration of Independence in respect of Kosovo, ICJ advisory opinion of 22 July 2010, general list no. 141.
- The Charter of Rights debate: a battle of the models.
- Prosecutor v. Vujadin Popovic et al, Case No. IT-05-88-T (15 October 2009).
- The Permanent Court of Arbitration and the Sudanese peace process: legal issues from the Abyei Arbitration in reviewing the mandate of an ad hoc body.
- Diane A Desierto, Necessity and National Emergency Clauses: Sovereignty in Modern Treaty Interpretation (Martinus Nijhoff, 2012), ISBN 978-90-04-21852-9, 411 pages.
- The Queen v. Tang (2008) HCA 39 (28 August 2008).
- Prosecutor v. Boskoski: (ICTY, Trial Chamber, Case No. IT-04-82-T, 10 July 2008).
- Elections, democracy, the rule of law and international law: address to the International Law Association (Australian Branch), Annual General Meeting, Sydney, 28 November 2006.
- Jurisdiction and choice of law rules for defamation actions in Australia following the Gutnick case and the Uniform Defamation Legislation.
- Faheem Khalid Lodhi v. Regina.
- Morrison v. National Australia Bank Ltd.
- Regulating multi-national corporations through state-based laws: problems with enforcing human rights torts under the United States Alien Tort Statute.
- The Draft Civil Code of the People's Republic of China: English Translation.
- Prosecutor v Milomir Stakic.
- Salim Ahmed Hamdan, Petitioner v Donald H. Rumsfeld, Secretary of Defense 548 US 557 (2006).
- Is peace possible through an international rule of law? Speech at the Sydney Centre for international law, faculty of law, the University of Sydney.
- The Tokyo International Military Tribunal: A Reappraisal.
- Law of Armed Conflict: International Humanitarian Law in War.
- Nuclear Law: The Law Applying to Nuclear Installations and Radioactive Substances in its Historic Context, 2d ed.
- The Gacaca Courts, Post-Genocide Justice and Reconciliation in Rwanda: Justice Without Lawyers.
- The International Law of the Sea.
- Corruption and Human Rights in India: Comparative Perspectives on Transparency and Good Governance.