Volume 5 No. 1
FEBRUARY 2010

In this issue:

Volume 2 of CIPL
5 Part Book Series

Moeen Cheema

The Hon Gareth Evans AO QC

Dr Hitoshi Nasu &
Mr David Matas

Professors Hugh Corder, Kim Rubenstein & Michael Coper

Welcome

Dear CIPL Associates,

Happy New Year and I hope you enjoy the new format for the first issue of the 2010 CIPL E Bulletin.

You will recall that we have been sending bi-monthly E Bulletins to enable those of you unable to attend past events to access the audio files from them online, and to remind you of forthcoming events, and to update you on the wonderful work being done by CIPL members. The E Bulletin is in addition to the CIPL yearly Newsletter which you would have been sent electronically or received in hard copy if you were at our stimulating Public law Week-end last November.

This E Bulletin updates you with the links from our activity from the Public Law Week-end forward, including the wonderful work undertaken by my colleagues.

Can I also highlight for your attention that the call for papers for the 18th Annual ANZSIL conference is now out (see below) and the deadline for the call for abstracts for the Fourth CIPL workshop (to be held in July) linking International and Public lawyers is due at the end of March. More Information.

Best wishes,

Professor Kim Rubenstein
Director Centre for International and Public Law
ANU College of Law
Australian National University
Canberra ACT 0200
Phone: +61 2 6125 0455
Fax: +61 2 6125 0150
Kim.Rubenstein@anu.edu.au
http://law.anu.edu.au/cipl

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.

In December, 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.

Kim Rubenstein chaired a special ANU Media Briefing session at Parliament House prior to the Copenhagen meetings. She spoke to a media briefing note Professor Don Rothwell had prepared for the journalists and fellow ANU College of Law academic, Andrew Macintosh, an environmental law and policy expert and Associate Director of the ANU Centre for Climate Law and Policy also fielded questions.

Welcome back to Pene Mathew, former Deputy Director at CIPL who has returned to ANU to take up the Freilich Foundation Chair.

Congratulations to Professor Hilary Charlesworth who in 2009 was appointed as one of four Australians to the Permanent Court of Arbitration in The Netherlands by the Commonwealth Attorney-General.

CIPL had a summer law student Intern, Jacqueline Field working with Kim Rubenstein and Mark Nolan on a project looking at Children and Identity and Citizenship.

ANU Summer Scholar, Elizabeth Chan worked with Kim Rubenstein and Heather Roberts on their project on Trailblazer Women Lawyers in Australia.

For more details about each of the forthcoming events see:
http://law.anu.edu.au/cipl/Events.asp

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

CIPL FRIDAY LUNCHTIME SEMINAR SERIES
Friday, 19 March
Phillipa Weeks Staff Library, 1-2pm
Moeen Cheema, ANU College of Law
More information to follow

CIPL FRIDAY LUNCHTIME SEMINAR SERIES
Friday, 16 April
Phillipa Weeks Staff Library, 1-2pm
Ms Katherine Young, ANU College of Asia and the Pacific
More information to follow

ANZSIL Postgraduate Workshop
Moot Court, ANU College of Law
23 June 2010
Canberra
Call for Papers

Annual Kirby Lecture
Professor the Hon Gareth Evans AO QC
Friday, 25 June
More information to follow

18th Annual ANZSIL Conference
International Law in the Second Decade of the 21st Century: Back to the Future or Business As Usual?
24-26 June 2010
University House, Canberra
Call for Papers

CIPL Public Seminar
Wednesday 25 November, 2009
Mr David Matas, Faculty of Law, University of Manitoba, Canada
From the United Nations Universal Periodic Review to an Asia Pacific Human Rights Institution   

CIPL Seminar Series
Friday 20 November, 2009
Crossing the Divide: Why Anti-Discrimination Law needs to be Public Law
Associate Professor Simon Rice, ANU College of Law

Fourteenth Annual Public Law Week-end
Change
Thursday, 12 & Friday, 13 November

Annual Geoffrey Sawer Lecture
12 November
Professor Hugh Corder, University of Cape Town
ON STORMY WATERS: South Africa's Judges (& Politicians) test the limits of their
Constitutional Authority

The Socratic Forum Consilium per disputatio
'That Australia should have an entrenched Bill of Rights?'
Friday 13 November

CIPL Seminar Series
Friday 30 October. 2009
Professor Stuart Kaye, Melbourne Law School, University of Melbourne
The Last Scramble: The 2009 Explosion of Continental Shelf Claims

Workshop
29 October, 2009
The ICJ's First Judgment: A Landmark For International Law: The Continued Relevance of the Corfu Channel Case 60 Years On

CIPL Public Seminar
Thursday 22 October 2009
Professor Jeremy Webber, University of Victoria, Canada
The Grammar of Customary Law

Public Seminar
Friday 16 October 2009
Speakers: Fergus Hanson, Research Fellow, Lowy Institute & Deputy Editor, The Interpreter and Christopher Michaelson, Research Fellow, Gilbert & Tobin Centre of Public Law
The Regulation of Dangerous People Under International & Domestic Law

RegNet, ANU College of Asia and the Pacific - Bookclub
18 February, 2010
The Expropriation of Environmental Governance: Protecting Foreign Investors at the Expense of Public Policy
Featuring author Dr Kyla Tienhaara
Lecture Theatre 1.04 Coombs Extension Building
More details

CIPL Associates Activities
The following is a snippet of recent work from some of our CIPL Associates since October 2009:

Hilary Charlesworth (RegNet)
Invited to give evidence to the Joint Committee on Foreign Affairs, Defence and Trade inquiry into Human Rights in the Asia Pacific region, (with Susan Harris Rimmer) on 7 April 2009; and
Addressed the National Human Rights Consultation Public Hearings as part of the National Human Rights Consultation from 1 to 3 July 2009 in the Great Hall of Parliament House in Canberra.

Michael Coper
Paper for the International Association of Law Schools (IALS) Conference on Constitutional Law, Washington DC, September 2009: 'Constitutional Adjudication and Democracy: One Voice or Many?'

Paper - with Fiona Wheeler - for the 36th Australian Legal Convention, Perth, September 2009: 'Multiple Opinions in Appellate Courts: What Do the Consumers Think?'

Paper - with Fiona Wheeler - for the 14th Annual Public Law Weekend, Canberra, November 2009: 'The Multiple Opinions Project'.

Paper for the Association of American Law Schools (AALS) Annual Meeting, New Orleans, January 2010: 'Forum on the Role of Law Schools: Opening Presentation'.

Paper - with David Headon - for the Supreme and Federal Court Judges' Conference, Canberra, January 2010: 'Search for the Nation's Capital...but Where is the Seat of Government?'

Thomas Faunce
Thomas Faunce Nanotech widespread in cosmetics, report finds The Sydney Morning Herald (24 Nov 2009)

Matthew Rimmer
Refereed Articles
Matthew Rimmer, 'The Sorcerer II Expedition: Intellectual Property and Biodiscovery' (2009) 6 Macquarie Journal of International and Comparative Environmental Law 147-187, SSRN: and BePress Selected Works:

Editorials and Op-eds
Matthew Rimmer, 'IP Policy Void in the 'Grand Climate Bargain' (November 2009) Australian R & D Review 24-25,

Matthew Rimmer, 'The Road to Copenhagen: Intellectual Property and Climate Change' (2009) 4 (11) The Journal of Intellectual Property Law and Practice 784-788

Matthew Rimmer, 'The Copenhagen Accord and Climate Innovation Centres', Griffith Hack, Clean and Sustainable Technologies Group, 20 January 2010,

Speeches
Matthew Rimmer, "Panel Discussion on the Documentary, 'Chevolution'", Canberra International Film Festival, Dendy Cinemas, 30 October 2009

Matthew Rimmer, "The Duty to Invent: Patent Law and Public Sector Research", The John Curtin School of Medical Research, 23 October 2009

Matthew Rimmer, "A History of Literary Property: From the Gutenberg Revolution to Google Book Search", Legal History, 20 October 2009.

Media
Warta Bumi, 'Jangan Abaikan Isu "Karya Intelektual"', KTT KopenhagenAntara News, 16 December 2009,

'Climate Deal Needs Intellectual Property Decision', ECOS Magazine, 15 December 2009

'Climate Deal Needs Intellectual Property Decision', Unijobs, 15 December 2009

'Copenhagen Must Explore IP Laws', Lawyers Weekly, 15 December 2009

Martyn Pearce, 'Climate Deal Needs Intellectual Property Decision', ANU Media, 15 December 2009

Nyssa Skilton, 'Who Owns the Great Ideas? Intellectual Property Could Play A Crucial Role in Tackling Climate Change', The Canberra Times, 14 December 2009, p. 6

Stu Hutson, "Pharma 'Patent Trolls' Remain Mostly the Stuff of Myth", Nature Medicine, 2009, 15, 140

Susskind, Anna, "As One Door Closes for Tobacco Industry, Another One Opens", Law Society Journal, 2009

Honours Supervision
Sarah Bull, "Governing Virtual Worlds: Second Life and World of Warcraft", Second Semester, 2009.

Dale Holland, "Industry Self-Regulation for Cloud Computing: Lessons from Google", First Semester, 2009

Carla George, "Treatment Action Campaign: HIV/AIDS and the Right to Health in South Africa", First Semester, 2009

Peter McNulty, "A Secret Treaty: Resisting The Anti Counterfeiting Trade Agreement", Second Semester, 2009.

Heather Roberts
'Sir William Deane: A Sideways Glance at a private man in public office' at 'A Judicious Life? Judicial and Political Biography' Conference, The University of Adelaide, 4 December 2009

A Mirror to the People: swearing-in ceremonies as commentary on the history of the High Court of Australia and its changing role in the Australian legal system' '28th Annual Australian and New Zealand Law and History Conference, University of Wellington, Victoria, 11-13 December 2009.

'Oral History: Women in the legal profession in Australia at '28th Annual Australian and New Zealand Law and History Conference, University of Wellington, Victoria, 11-13 December 2009.

Don Rothwell
Don Rothwell PM can stop whalers:experts Canberra Times, 8 January 2010

Kim Rubenstein
Appeared in the Commonwealth Administrative Appeals Tribunal before Tamberlin J on behalf of a child seeking Australia citizenship. The matter is still awaiting decision.

Presented a lecture to the U3A South Canberra group on Citizenship in Australia.

Chaired a session at the CIGJ (Reg Net) Feminist Internationalisms:Celebrating feminist engagements with international law and politics.

James Stellios
James Stellios contribution to the new Hanks casebook - Jennifer Clarke, Patrick Keyzer and James Stellios, Hanks' Australian Constitutional Law: Materials and Commentary (2009, 8th ed).

Also, James book on Ch III will go to the printers in February: James Stellios, The Federal Judicature: Ch III of the Constitution - Commentary and Cases (2010)

Ernst Willheim
Contribution on Racial Discrimination Act aspects to the College's Submission to the Senate Committee's inquiry on the NTER legislation

Several media interviews on ABC regional radio stations and an Aboriginal radio stations on refugee and law of the sea issues, including the Oceanic Viking, indigenous self determination and sovereignty and on Commonwealth powers to disallow ACT legislation.

U3A presentation on the Brennan Report on Human Rights consultations