2007 ANZSIL CONFERENCE PROCEEDINGS

15TH ANNUAL ANZSIL CONFERENCE
Restoring the Rule of Law in International Affairs
National Museum of Australia, Canberra
28 – 30 June 2007

Hosted by the Centre for International & Public Law, ANU College of Law, The Australian National University

Conference Organising Committee:-
Associate Professor Rosemary Rayfuse (University of New South Wales)
Professor Kim Rubenstein (Australian National University)
Michael Bliss (Department of Foreign Affairs, Canberra)
David Dolphin (Ministry of Foreign Affairs, Wellington)
Sally McKecknie (Crown Law Office, Wellington)
Dr Natalie Klein (Macquarie University)
Associate Professor Shirley Scott (University of New South Wales)
Dr Robin Warner (University of Wollongong)

THURSDAY: 28 JUNE 2007

PLENARY: IN SEARCH OF THE RULE OF INTERNATIONAL LAW
CHAIR: EMERITUS PROFESSOR IVAN SHEARER, UNIVERSITY OF SYDNEY
Dr David Freestone, Deputy General Counsel, The World Bank
Can International Law Save the Planet? Presentation
Professor Theodore Christakis, University of Grenoble
The Arms Trade and the Rule of Law
Dr Ben Saul, University of Sydney
What is the international rule of law and does it need restoring?
Dr Shirley Scott, University of New South Wales
International law and the justice crisis in global governance

PANEL 1: THE UNITED NATIONS AND THE RULE OF LAW
CHAIR: ASSOCIATE PROFESSOR ROSEMARY RAYFUSE, UNIVERSITY OF NEW SOUTH WALES
Dr Peter Danchin, University of Maryland
Collective Security and International Law: A Critique of the High-Level Panel Report
Dr Hitoshi Nasu, The Australian National University
Chapter VII Powers and the Rule of Law Presentation
Devika Hovell, University of Oxford
Naming and Shaming: UN Sanctions Blacklists & Procedural Guarantees

PANEL 2: INTERNATIONAL DISPUTE RESOLUTION AND THE RULE OF LAW
CHAIR: DR NATALIE KLEIN, MACQUARIE UNIVERSITY
Judith Levine, White & Case
How Foreign Investment Arbitration is Reshaping Public International Law and its Participants Presentation & Handout
Amokura Kawharu, University of Auckland
Transparency and Public Participation in Investment Arbitration Paper
Afshin A-Khavari, Griffith University
Beyond Compulsory Power: Environmental Principles in the International Adjudication of Disputes
Michelle Burgis, The Australian National University
Colonialism Consolidated? Towards a Third World Approach to Adjudication in ICJ Territorial Disputes

PANEL 3: REGIONAL TRANSNATIONAL CRIME AND SECURITY
CHAIR: DR ROBIN WARNER, UNIVERSITY OF WOLLONGONG
Ciara Henshaw, Attorney-General’s Department, Canberra
Strengthening the Rule of Law in the Pacific Through International Crime Cooperation Presentation & Paper
Keith Wilson, GRIP Consultants
The Pacific Zone: Legal Issues in Regional Security Presentation & Paper
Dr Julie Debeljak and Professor Susan Kneebone, Monash University
Regional Responses to Global Trafficking in the Greater Mekong Subregion: Laos and Cambodia Presentation

PANEL 4: ENVIRONMENTAL CHALLENGES AND THE RULE OF LAW
CHAIR: MICHAEL BLISS, DEPARTMENT OF FOREIGN AFFAIRS AND
TRADE, CANBERRA
Dr Tim Stephens, University of Sydney
Kyoto is Dead, Long Live Kyoto! A New Era for International Climate Change Law Paper
Don Anton, The Australian National University
Enlarging the Responsibility to Protect
Joanna Mossop, Victoria University of Wellington
Regulating Marine Biodiversity in Areas Beyond National Jurisdiction Presentation
Adam McCarthy, Department of Foreign Affairs and Trade, Canberra
Protecting the Environment and Promoting Safe Navigation: Compulsory Pilotage in the Torres Strait Presentation & Brief Speech

FRIDAY: 29 JUNE 2007
PLENARY: THE RULE OF INTERNATIONAL LAW: IMPERILLED OR IMPERIAL?
CHAIR: PROFESSOR GERRY SIMPSON, LONDON SCHOOL OF ECONOMICS
Professor Gerry Simpson, London School of Economics
Killing Presidents
Dr Sundhya Pahuja, University of Melbourne
Rights as Regulation: The Integration of Development and Human Rights
Dr Jeremy Farrall, The Australian National University
Raison d’Etre or Imperial Tool? The UN Security Council and the Rule of International Law
Usha Natarajan, The Australian National University
The civilizing mission and the "gentle civilizer of nations": Third World approaches to the Iraq war and the rule of law Paper

PANEL 5: HUMAN RIGHTS AND THE RULE OF LAW
CHAIR: PROFESSOR HILARY CHARLESWORTH, THE AUSTRALIAN NATIONAL UNIVERSITY
Eve Lester, University of Melbourne
Restoring the Rule of Law in the Prohibition on Racial Discrimination Paper
Dr Dianne Otto, University of Melbourne
Has Emergency Law Become the Norm? Exploring the Significance of the Proliferation of Emergency Regimes in International Law
Kelisiana Thynne, Attorney-General’s Department, Canberra
Reform of the United Nations Human Rights Institutions: Current Developments Presentation & Paper

PANEL 6: ASSESSING NEW SOVEREIGN CLAIMS IN THE 21ST CENTURY: THE COMMISSION ON THE LIMITS OF THE CONTINENTAL SHELF
CHAIR: JOANNA MOSSOP, VICTORIA UNIVERSITY OF WELLINGTON
Philip Symonds, Geoscience Australia (Member of the Commission on the Limits of the Continental Shelf)
The Work of the CLCS
Professor Donald R. Rothwell, Australian National University
Legal issues arising from the work of the CLCS Presentation
Gerard van Bohemen, Ministry of Foreign Affairs and Trade, New Zealand
New Zealand and the CLCS Presentation
Bill Campbell, Attorney-General's Department, Canberra
Australia and the CLCS

PANEL 7: STRENGTHENING THE RULE OF LAW IN THE ASIA-PACIFIC REGION
CHAIR: PROFESSOR KENT ANDERSON, THE AUSTRALIAN NATIONAL UNIVERSITY
Dr Annemarie Devereux, Queensland University of Technology
Strengthening the Rule of law: Is it Time to Jettison the Lawyers?
Christine Fowler, RAMSI and Victoria Coakley, AusAID
Strengthening the Rule of Law in the Solomon Islands: A Perspective from the Regional Assistance Mission to the Solomon Islands
Laura Grenfell, University of Adelaide
Building the Rule of Law in Timor-Leste
Amb. Peter Donigi, University of the South Pacific
Yoli Tom’tavala, University of the South Pacific

PANEL 8: ISSUES IN POLAR GOVERNANCE
CHAIR: DR RACHEL BAIRD, UNIVERSITY OF QUEENSLAND
Michael Johnson, Attorney-General’s Department, Canberra
A Hole the Size of a Fishing Vessel in Antarctic Environmental Protection Presentation & Paper
Julia Jabour, University of Tasmania
The Lake Vostock Drilling Program: A Case Study in Commitment to Antarctic Values Presentation
Dr Alan Hemmings, Karen Scott and Michelle Rogan-Finnemore, University of Canterbury Broadening the Duty in Relation to Environmental Impact Assessment across the legal instruments applying in Antarctica Presentation & Paper

PLENARY: THE YEAR OF INTERNATIONAL LAW IN REVIEW
CHAIR: PROFESSOR KIM RUBENSTEIN, THE AUSTRALIAN NATIONAL UNIVERSITY
Bill Campbell, Attorney-General's Department, Canberra
Penny Richards, Department of Foreign Affairs, Canberra
Gerard van Bohemen, Ministry of Foreign Affairs and Trade, New Zealand
Annsley Kerr, Crown Law

SATURDAY: 30 JUNE 2007
PANEL 9: DOMESTIC APPLICATION OF INTERNATIONAL LAW
CHAIR: DR SARAH HEATHCOTE
David Mason, Department of Foreign Affairs and Trade, Canberra
Civil Society and the evolution of Australia’ Treaty Making” Where now the ‘democratic deficit’? Paper
Dr Rachel Baird, University of Queensland
Foreign Fisheries Enforcement: Do not pass go, proceed slowly to jail – is Australia playing by the rules Presentation & Paper
Associate Professor Natalie Stoianoff, University of Wollongong Implementing the Access and Benefit Sharing Provisions of the Convention on Biological Diversity: The Disparity between Federal and State Regimes in Australia

PANEL 10: THE WTO AND THE RULE OF LAW
CHAIR: ANDREW JENKS, MINISTRY OF FOREIGN AFFAIRS AND TRADE, NEW ZEALAND
Professor Michael Hahn, University of Waikato
The Role of Power and Law in the WTO Presentation
Dr Caroline Foster, University of Auckland
Precaution Through the Back Door of the Biotech Case Presentation
David Jacyk, Department of Justice, Canada
Integration of Arbitration in WTO Disputes

PLENARY: THE INTERNATIONAL RULE OF LAW
CHAIR: PROFESSOR CAMPBELL MCLACHLAN, VICTORIA UNIVERSITY OF WELLINGTON
Professor Charles Sampford, Griffith University
The international rule of law – putting the pragmatic case to the powerful
Professor Erika de Wet, University of Amsterdam
The emergence of international and regional value systems as a manifestation of the emerging international constitutional order
Dr David Freestone, Deputy General Counsel, The World Bank

Papers are also posted on the WorldLII database (link to be posted).
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