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Volume
5 No. 2
APRIL
2010
In
this issue:
VARIOUS CIPL EVENT & MEMBER PHOTOS
The Steve
Irwin - Pirates of the Southern Ocean Conference
Thursday 15 April
Launch
of ANU Centre for European Studies
(l to r) me, Matthew Zagor, Deputy Director of the Centre, his Honour,
Judge Aindrias O Caoimh, Saskia Hufnagel and His Excellency David Daley,
Ambassador to the EU Commission Delegation to Australia and New Zealand).
Volume 2: Connecting International Law with Public Law
Incentives for Global Public Health:Patent Law and Access to Essential
Medicines
Dr Jean d'Aspremont
Sharon
Shenhav JD
Former CIPL Deputy Director - Professor Penelope Mathews
Dr Anthony Connolly
Anne Kent
Dr Matthew Rimmer
Ernst Willheim
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Welcome
Dear
CIPL Associates,
Welcome
to this second E Bulletin for 2010.
Can I urge
you to take the time to read through this introduction to the Bulletin
as we have some significant events over the next two months that I hope
you will be able to attend?
For the
remainder of April, in addition to our Friday seminar series speaker,
Katharine Young from ANU’s RegNet on the 16th April, we have two
other events. A one day conference, on Thursday 15th April, Pirates
of the Southern Ocean conceived by my colleague Professor Don Rothwell
will review the events of the 2009/10 Southern Ocean whaling season,
the legal and policy implications and the future of Australia/Japan
relations. Registrations are closing soon and I encourage you to send
on the information to colleagues who may be interested in this event.
On a related
theme, I am delighted to also announce that Minister Garrett will be
making a presentation to CIPL on Thursday 28th April so stay tuned for
further information about that which we’ll send out when it comes
to hand.
I am particularly
looking forward to the CIPL 20th Anniversary event on Tuesday
18 May. I am absolutely delighted that we have been able to organise
for each of the past Directors and Acting Directors to be here in Canberra
and we have a stimulating seminar organised with each Director speaking.
Please see the flyer for more information, and I hope you can join us
for this important celebration.
We also
have two excellent Friday seminar series for May: 7 May, Geoff Skillen,
Office of International Law, Attorney General's Department, Canberra
Prosecution under Australian Law of International Crimes committed
outside Australia and on 21 May Associate Professor James Stellios,
ANU College of Law Section 75(v) of the Constitution: A Complex
Mechanism of Federal Government.
While we
will have another E Bulletin in early June, can I also encourage you
to look ahead at the dates to note section below to the very busy June
and July months, with the ANZSIL annual conference as part
of that busy schedule and remind you that the Public law weekend this
year will be help in September instead of November!
Aside from
the various events going on, CIPL is made up of all our colleagues around
the ANU working in the areas of public and international law and we
include for your interest some of their activities over the past two
months, further below, as well as links to our past two months seminars
with audio recordings, and also notices of events around ANU and Canberra
that may be of interest to you.
With best
wishes and I do hope to see you over the next two months!
Kim Rubenstein
If you wish to be removed from the mailing list, simply e-mail cipl@law.anu.edu.au
stating 'un-subscribe' in the subject line.
Dates to Note
Thursday,
15 April
Pirates
of the Southern Ocean Conference
APCD
Lecture Theatre, Hedley Bull Building, Building 130
Friday,
30 April
CIPL
ANU Members Lunch
ANU College of Law Staff Library, 1-2
Tuesday,
18 May
CIPL'S
20th Anniversary Event
Law Theatre, ANU College of Law
Monday
21 & Tuesday 22 June
Copyright 2010 Conference
A
Decade of Moral Rights and the Digital Agenda
Sparke Helmore Theatre 1
ANU College of Law
18th
Annual ANZSIL Conference
International
Law in the 21st Century: Back to the Future or Business as Usual?
Draft
Program
Details on Conference Registration to follow
Friday,
25 June
Annual
Kirby Lecture
Professor the Hon Gareth Evans AO QC
International
Law at the Coalface: Three Decades of Learning by Doing
Friday
3 & Saturday 4 September
15th
Annual Public Law Weekend
More Information to Follow
Friday
3 September
Annual
Geoffrey Sawer Lecture
More
Information to Follow
Top
of Bulletin
News
The following
is a snippet of recent news from our CIPL Associates work and contributions
from February - April 2010:
Matthew
Zagor, CIPL Member and Senior Lecturer at the ANU College of Law, took
up the position of Deputy Director for the ANU Centre for European Studies
in February. The broad theme of the Centre for 2010 is 'Europe and the
Law', within which comparative constitutionalism and the impact of international
law will form central components. As the College’s representative
this year at the Centre, Matthew has responsibility for delivering seminars,
workshops and an international conference around these themes.
At the
Centre launch on 19 February, the law program was presented to the
heads of mission and representatives from several European Union countries,
as well as Ambassador David Daly, Head of the European Union's Delegation
to Australia. The newly structured Centre builds on the success of
the National Europe Centre by bringing together Law, Arts and Social
Sciences, Business and Economic, and Asia and the Pacific –
the four ANU Colleges – into a creative partnership, each having
an equal stake in the direction, operation and success of the Centre’s
interdisciplinary program.
The law
program itself was launched on 10 March with a lecture by Aindrias
Ó Caoimh, the Irish Judge on the Court of Justice of the European
Union, who spoke about the challenges facing the Court under the new
Treaty of Lisbon – a topic which will feature again towards
the end of the year as experience under the treaty develops. On 30
March, the Centre hosted a seminar entitled ‘Punishing Universally
Dangerous Crimes – Universal Jurisdiction in Europe and Australia’.
Reflecting on the European experience was visiting scholar Associate
Professor Jean d’Aspremon of the University of Amsterdam and
University of Louvain. He was followed by Mark Ierace SC, Senior Public
Defender at the NSW Public Defender’s Office and former Senior
Trial Attorney at the International Criminal Court for the Former
Yugoslavia.
Future
events planned for the year include workshops on the Cluster Munitions
Treaty, Complementary Protection in Refugee Law, Regional Regimes
and Third Parties, Constitutional Patriotism and National Identity,
Islam in European Legal Systems, and Comparative Climate and Renewable
Energy Law. The international conference, currently scheduled for
February 2011, will focus on The European and Australian Judicial
Role in Comparative Perspective.
CIPL
members are encouraged to become involved in the Centre for European
Studies’ law program this year. http://ces.anu.edu.au/
In December
2009, Peter Scott, Director, Sanctions and Transnational Crime Section,
International Legal Branch, Department of Foreign Affairs and Trade
launched the first of the CIPL Five Part book series Connecting
International Law with Public law.
The first volume is now for sale and the second volume in press is already
being marketed.
The second volume Incentives for Global Public Health:Patent Law
and Access to Essential Medicines is due out shortly. Click here
for more details.
Top
of Bulletin
Other
Forthcoming Events
The
following are additional events beyond those listed above in the Dates
to Note Section.
For
more details about each of the forthcoming events see:
http://law.anu.edu.au/cipl/Events.asp
CIPL
FRIDAY LUNCHTIME SEMINAR SERIES
Friday, 16 April
Phillipa Weeks Staff Library, 1-2pm
Dr Katherine Young, ANU College of Asia and the Pacific
A
Typology of Economic and Social Rights Adjudication
Friday,
7 May
Geoff Skillen, Office of International Law, Attorney General's Department,
Canberra
Prosecution under Australian Law of International Crimes committed outside
Australia
More
information to follow
Friday,
21 May
Associate Professor James Stellios, ANU College of Law
Section
75(v) of the Constitution: A Complex Mechanism of Federal Government
4
June
Julie Atwell, Office of International Law, Attorney General's Department,
Canberra
Montreal Protocol
More information to follow
OTHER
CIPL EVENTS
Public Lecture
Mr Peter Garrett, Minister for the Environment Protection,
Heritage and the Arts
Wednesday
28 April
APCD Lecture
Theatre, Hedley Bull Building, Building 130
More information to follow
ANZSIL
Postgraduate Workshop
Moot Court, ANU College of Law
23
June 2010
CIPL
Workshop Linking Public & International Lawyers
19-21 July
Allegiance and Identity in a Globalised World
Top
of Bulletin
Recent
Past Events
To access
recordings of past events, go to: http://law.anu.edu.au/cipl/events.asp
CIPL
Public Seminar
Thursday 25 March, 2010
Deformalisation
in International Law
Dr Jean d'Aspremont, University of Amsterdam
CIPL
Friday Lunchtime Seminar Series
Friday, 19 March
Phillipa Weeks Staff Library, 1-2pm
Moeen Cheema, ANU College of Law
Militancy,
Orthodoxy & 'Rule of Law':Deconstructing The Islamization of Pakistan's
Law
CIPL
Lunchtime
Seminar
Tuesday, 9 March
Religion
and State: Current Dilemmas
Sharon Shenhav JD
Director, International Jewish Women's Rights Project
Jerusalem Centre for Public Affairs
CIPL
Friday Lunchtime Seminar Series
Friday, 5 March
Phillipa Weeks Staff Library, 1-2pm
Assoc Professor Leighton Mcdonald, ANU College of Law
The
Entrenched Minimum Provision of Judicial Review and the Rule of Law
Top
of Bulletin
Events
& information of interest
Wednesday,
21 April
Law Reform and Social Justice Seminar
by Professor David Weisbrot
"Life,
Love, Law and the Human Genome Beyond Gattaca: Regulating Genetic Privacy
and Discrimination in the Public Interest"
3 - 4pm, ANU College of Law Staff Library
Wednesday,
28 April
Law Reform and Social Justice Film Event
Activist
Lawyering: Filipino Lawyers with the Poor (Avogado NG Bayan)
Law Theatre, ANU College of Law, 5-6pm
Wednesday,
5 May
Australian Centre for Military Law and Justice Public Seminar:
"Maritime
Powers Bill"
Speaker: Andrew Walter
5.30-6.30pm,
Sparke Helmore Theatre 1
More
information to follow.
Wednesday,
12 May
Inaugural Professorial Lecture
Professor Penelope Mathew
Where
to from here? Australia's role in refugee protection
Sir Rolad Wilson building, 6pm
Tuesday
1 - Thursday 3 June
Native Title Conference 2010
People,
Place, Power
Presented by AIATSIS and the National Native Title Council
More
Information
Thursday 1 & Friday 2 July
UNSW Faculty of Law: Gilbert + Tobin Centre
for Public Law presents
2010 Postgraduate Conference in Public Law
CALL FOR ABSTRACTS UNTIL 30 APRIL 2010.
More
Information
Post-graduate Fellowship in Human Rights
The
Rapoport Center for Human Rights and Justice at the University of Texas
School of Law, seeks a talented, versatile and energetic recent graduate
of law or a human rights related field to serve as a Human Rights Fellow
for one year beginning in August 2010.
More
Information
Top
of Bulletin
CIPL Associates Activities
The
following is a snippet of recent work from some of our CIPL Associates
since October 2009:
Jessup
Moot
Many members of CIPL assisted in the judging of the Australian 2010
Jessup Mooting competition. Congratulations
to the ANU winning team in Washington DC and CIPL member Wayne Morgan
who co-coached the team to victory. Click here
for further details.
Moeen
Cheema
Op-eds
Pakistan:
New 'Judges' Case' in the Making
Back
to the Future: The Pakistan Supreme Court's NRO Judgment
'Liberal' Fundamentalism in Pakistan: Objecting to Islamic
Arguments in NRO
Tony
Connolly
Publications
Cultural Difference on Trial: The Nature and
Limits of Judicial Understanding was published in January by Ashgate
(UK)
Hafiz
Aziz ur Rehman
Publications
'Equitable Licensing and Publicly Funded Research:
A Working Model for India' (2010) 16 Southwestern Journal of International
Law 75-128.
Susan
Harris-Rimmer
News
Susan Harris Rimmer finishes her time
at RegNet on 1 April, and has been
appointed as Manager, Advocacy and Development Practice at the Australian
Council for International Development, the peak body for Australian
development agencies, beginning 27 April. She will be a Visiting Fellow
at
the Centre for International Governance and Justice.
Publications
Susan Harris Rimmer's book Gender and Transitional Justice:
the Women of
East Timor with Routledge was published on 24 February 2010 and will
be
launched by Bob McMullan and Pene Mathew at the RegNet Book Club on
25 May.
Susan Harris Rimmer, 'Refugees, internally displaced persons and the
'responsibility to protect', UNHCR NEW ISSUES IN REFUGEE RESEARCH Research
Paper No. 185, March 2010, http://www.unhcr.org/4b97b0909.html
Susan Harris Rimmer contributed a series of working
papers to the CIGJ
Building Democracy project on the UN Democracy Fund, the UN Peacebuilding
Commission, the Solomon Islands Truth and Reconcilliation Commission
and the
Afghanistan Independent Human Rights Commission, available from
http://cigj.anu.edu.au/democracy/about/index.php after 1 April.
Media
. Sue Harris Rimmer was quoted in feature article by Sally Neighbour
'ASIO cloaks suspicion in secrecy', The Australian, 23 March 2010.
. ALHR issued a press release on passage of death penalty and torture
bill in March 2010.
. Sue Harris Rimmer was quoted in ABC Radio PM story 'US warns against
internet censorship' on 22 January 2010.
Anne
Kent
Publications
'International
Organizations, Relations with, 1900-1949'; and 'International Organizations,
Relations with, since 1949', in David Pong, ed., Encyclopedia of Modern
China (Detroit, Charles Scribner's Sons, 2009), 4 vols, 342-348
'The Tiananmen Massacre', in David P. Forsythe, ed., Encyclopedia of
Human Rights (New York, Oxford University Press, 2009), 5 vols.
"The Case of Stern Hu: Perspectives on China's 'Rule of Law'"
Alternative Law Journal 34:4 (2009), 275-277
Stern Hu and China's 'Rule of
Law', an abridged version of the above in the E-Journal, East Asia Forum,
February 2010
Anne
McNaughton
On Wednesday 10 March, Anne chaired a presentation
by his Honour Judge Aindrias O Caoimh, the judge appointed by Ireland
to the European Court of Justice. His Honour spoke about the European
Court of Justice, judging in the enlarged Europe and some implications
for the Court of the Lisbon Treaty, that entered into force on 1 December
2009.
Matthew
Rimmer
Nyssa Skilton, 'DNA Battle Lines Drawn', The Canberra
Times, 8 March 2010, p. 6.
Rosanna
Ryan, 'Competitors May Fight Facebook Patent', ABC News, 5 March 2010,
Spandas
Lui, 'AFACT Appeal Might Do Some Good', ARN Net, 26 February 2010,
Fran
Kelly and Ali Benton, 'Film Industry Loses Piracy Battle Against iiNet',
ABC Radio National Breakfast, 5 February 2010,
Jennifer Dudley-Nicholson, 'Online Piracy on a Huge
Scale', The Adelaide Advertiser, 5 February 2010, p.1, 14.
Jennifer Dudley-Nicholson, 'Suit Threat over Film Downloads,
Hobart Mercury, 5 February 2010, p. 1, 14.
Jennifer
Dudley-Nicholson, 'Studios May Sue TV, Movie Pirates', The Courier Mail,
5 February 2010, p. 1, 3,
Liv
Casben, 'Men at Work Ripped Off Children's Song', Evening News Bulletin,
ABC TV, 4 February 2010,
Louise Maher, 'Interview on Two Australian Copyright
Cases: the Down Under case and the iinet decision', Drive, ABC 666,
4 February 2010.
Geoff Winestock,
'Tobacco Label Fight Heats Up', The Australian Financial Review, 21
January 2010, p. 3.
Kim
Rubenstein
News
Kim Rubenstein's work on citizenship policy reform (as consultant to
the Department of Immigration and Multicultural Affairs (as it then
was) on the Australian Citizenship Act 2007, and her position as a member
of the Independent Committee that reviewed the Citizenship Test, was
specifically mentioned in the Inaugural Address on Immigration and Citizenship,
delivered by Professor Ian Chubb at the Museum of Australian Democracy
on 17 March 2010
Kim was cited in a recent news story regarding migration issues. Click
here
for article.
Conference participation
Kim Rubenstein
participated in and delivered a paper on Citizenship and Gender at the
international workshop 'Rethinking the Dynamics of Political Institutions:
Integrating Gender and Neo-Institutionalist Perspectives' from 23-25
March 2010 in Sydney.
Ernst
Willheim
Radio
interview, ABC Country Hour, 24 February 2010, concerning constitutional
powers of the Federal Government to egulate, and the NT Government to
prevent, dumping of nuclear waste at Muckaty Station in the Northern
Territory
Written submission to, and oral evidence to,
Senate Community Affairs Legislation Committee - Inquiry into the Social
Security and Other Legislation Amendment (Welfare Reform and Reinstatement
of Racial Discrimination Act) Bill 2009
Article on provision of Commonwealth legal services
('The Mounting Legal Bills of an Ideological War'), The Public Sector
Informant, March 2010.
A Federation in these Seas:an Account of the
Acquisition by Australia of its External Territories (2010) 21 PLR 44
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of Bulletin
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