Volume 5 No.3
JUNE 2010In this issue:
Welcome
Dear CIPL Associates,
Welcome to this third E Bulletin for 2010.
Since our last E Bulletin in April we have had a stimulating period. Our regular Friday seminar series is progressing well and audio is available on the website for most of them over that period. The next one coming up in July will be presented by the lawyers from the Department of Climate Change and I encourage you to look at the schedule for the remainder of the year below.
CIPL held two events around the issue of whaling –a one day conference, on Thursday 15th April, Pirates of the Southern Ocean conceived by my colleague Professor Don Rothwell which reviewed the events of the 2009/10 Southern Ocean whaling season, the legal and policy implications and the future of Australia/Japan relations. Then Minister Garrett made a presentation to CIPL on Thursday 28th April and that presentation is available for viewing on the ANU Youtube channel. With the Australian government’s recent announcement of its decision to commence international legal action against Japan in the ICJ, CIPL’s events have been most timely.
I am particularly delighted to report the success of the CIPL 20th Anniversary event on Tuesday 18 May. This link will take you to photos from the evening, a link to the special booklet prepared to mark the event and a video of the seminar. If you would like a hard copy of the booklet please contact cipl@law.anu.edu.au
While we will have another E Bulletin in early August, can I also encourage you to look ahead at the dates to note section below? We have the Annual Kirby lecture in International law this week to be delivered by Gareth Evans AO QC and the ANZSIL annual conference which is already well subscribed.
I am also delighted to announce that the US Ambassador to Australia, Jeff Bleich, will be presenting the 2010 Geoffrey Sawer lecture on Friday 3rd September 2010 as part of the 2010 Public law weekend. This year’s Public law weekend will be held in September instead of November. The program is currently being finalized and further information about this year’s conference will be sent out between bulletins!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 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!
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.
Gareth Evans
Thursday 24 June
Annual Kirby Lecture on International Law
International Law at the Coalface: Three Decades of Learning by Doing
Professor the Hon Gareth Evans AO QCThursday 24 – Saturday 26 June
18th Annual ANZSIL Conference
International Law in the 21st Century: Back to the Future or Business as Usual?
University House, CanberraFriday 3 September
Annual Geoffrey Sawer Lecture
To be presented by Ambassador J Bleich, Embassy of the United States
More information to followFriday 3 & Saturday 4 September
15th Annual Public Law Weekend
More information to follow
Jeremy Farrall
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
2 July
Mr Sanjiva de Silva, Department of Climate Change and Energy Efficiency
Sanjiva de Silva and the legal team at Climate Change will lead a discussion on What Copenhagen might mean for the legal architecture of the global response to Climate Change.
More information to follow16 July
Dr Jeremy Farrall, Centre for International Governance and Justice, School of Regulation, Justice & Diplomacy, ANU
Governance and Power-sharing in Cyprus: Facilitating Preliminary Peace Talks
6 August
Annemarie Devereux, Office of International Law, Attorney General's Department, Canberra
Of kings, armies and amnesties: Constitutional Change in the New Nepal
More information to follow20 August
Mr Suresh Nanwani, Lawyer, Principal Human Resource Specialist Asian Development Bank
Multilateral Development Bank Accountability Mechanisms: Fixing Problem Projects
More information to follow17 September
Camille Goodman, Office of International Law, Attorney General's Department, Canberra
New International Fisheries Instruments
More information to follow1 October
Mr Brendan Lim, Attorney General's Department, Canberra
Attributes and Attribution of State Courts - Reviving the Kable Principle
More information to follow15 October
Mr Spencer Zifcak, Allan Myers Professor of Law. Director, Institute of Legal Studies, Australian Catholic University
United Nations Reform: Heading North or South?
More information to follow5 November
Rowan McRae, Office of International Law, Attorney General's Department, Canberra
Economic, Social and Cultural Rights in Australia
More information to follow
Edwina Smith
Recent Past Events
To access recordings of past events, go to: http://law.anu.edu.au/cipl/events.aspCIPL FRIDAY LUNCHTIME SEMINAR SERIES
18 June
Edwina Smith, Senior Solicitor, Litigation Branch, Victorian Government Solicitor's Office
The role of ecologically sustainable development principles for policy makers, with particular reference to regulation of geosequestration16 April
Dr Katherine Young, ANU College of Asia and the Pacific
A Typology of Economic and Social Rights Adjudication7 May
Geoff Skillen, Office of International Law, Attorney General's Department, Canberra
Prosecution under Australian Law of International Crimes committed outside Australia21 May
Associate Professor James Stellios, ANU College of Law
Section 75(v) of the Constitution: A Complex Mechanism of Federal Government4 June
Julie Atwell, Office of International Law, Attorney General's Department, Canberra
Instruments addressing new and emerging threats to civil aviation
OTHER PAST CIPL EVENTS
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
Peter Garrett
Wednesday 28 April
Speech by Peter Garrett AM MP
Minister for Environment Protection, Heritage and the Arts
Australia's Ambition for the Worldwide Conservation of WhalesThursday 15 April
Conference
Pirates of the Southern Ocean?
Climate Change Conference
Events & Information of Interest
9 August
Climate Change Conference
After Copenhagen
Finkel Theatre
http://law.anu.edu.au/cclp/copenhagen/web.htm18 August
Law Reform & Social Justice Program – In Conversation with….Hilary Charlesworth
5-6pm
Venue to be confirmed
http://law.anu.edu.au/coast/events/LRSJ/LRSJ_Charlesworth.pdf25-26 August
Protecting Civilians During Violent Conflict Conference
Finkel Theatre, ANU
http://law.anu.edu.au/COAST/events/ProtectCivilians/web.htm
CIPL News & Associates' Activities
The following is a snippet of recent news and work of some of our CIPL Associates:CIPL Interns
CIPL had two student interns this past semester: Sarah Bishop and Diana Zeleny who recently submitted their research papers to the Internship coordinator Peter Ford. Sarah’s paper was entitled: How far have the United Kingdom and Canada progressed understanding of state’s extraterritorial obligations to nationals? How is this useful in an Australian context? And Diana’s paper was Oral history as a tool for legal research: a way to uncover new insights into law?CIPL thanks Sarah and Diana for their excellent work with CIPL over the semester.
Don Anton
Don Anton
Conference Paper
Punishing Piracy and Protecting Whales: Do Non-State Actors have a Role in “Enforcing” International Law?, given 15 April 2010 at ANU College of Law Conference on Pirates of the Southern Ocean?Media
Commentary on Australia's action against Japan in the ICJ
Channel 7 News
Sydney Morning Herald
Herald Sun
Daily Telegraph
The Associated Press (US)
New York Times (US)
Huffington Post (US - Web)
Fox News (US - television (web summary))
WHDH (US - Boston television (web summary))
The Guardian
Telegraph (UK)
Trouw (Netherlands)
Beeld (South Africa)
Taipai Times (Singapore)
Sarah Heathcote
Sarah Heathcote
Visiting Professor
IHEI, Université Panthéon-Assas (Paris II), France. Delivered course on Questions choisies de droit international public relatives au Pacifique Sud (March 2010)Publications
'Circumstances Precluding Wrongfulness in the ILC Articles on State Responsibility: Necessity', J. Crawford, A. Pellet & S. Olleson (eds.), The Law of International Responsibility, Oxford University Press, Oxford, May 2010, 17 pp.
Matthew Rimmer
Matthew Rimmer
Policy - 2010
Thomas Pogge, Matthew Rimmer and Kim Rubenstein, 'A Joint Submission by the Centre for International and Public Law and the Centre for Applied Philosophy and Ethics on IP Australia's Consultation Paper, Implementing the TRIPS Protocol', 4 July 2010.Matthew Rimmer, 'A Submission on IP Australia's Consultation Paper, Implementing the TRIPS Protocol', 4 July 2010.
Media
James Massola, 'Privacy and Freedom Hits Online', Forum, The Canberra Times, 29 May 2010, p. 7.Danielle Cronin, 'Substance and Smokescreen Drive Plain-Wrap Policy', The Canberra Times, 30 April 2010, p. 1. Mentions article 'The Case for Plain Packaging of Tobacco Products'.
Geoff Winestock, 'There's No Smoke Without Ire', The Australian Financial Review, 30 April 2010, p. 57.
Kristen Gelineau, 'Australia Proposes Tough Packaging Laws', The Associated Press, 29 April 2010, Syndicated in Bloomberg Business Week,
The Guardian,
San Francisco Examiner,
MSBCN Today,
Stamford Advocate,
AT&T http://www.att.net/s/editorial.dll?pnum=2&bfromind=5441&eeid=7275895&_sitecat=1505&dcatid=1917&eetype=article&render=y&ac=0&ck=&ch=ne/en, and Malaysia News http://malaysia.news.yahoo.com/ap/20100429/tap-as-australia-cigarette-labeling-2nd-79704af.htmlEleanor Hall and Shane McLeod, 'Lawyer Says Treaties, Trade Laws Won't Prevent Trade Packs', The World Today, ABC Radio National and Local Radio, 29 April 2010, http://www.abc.net.au/worldtoday/content/2010/s2885713.htm
Don Rothwell
Don Rothwell
Publications:
Donald R. Rothwell “Sovereignty and the Antarctic Treaty” (2010) 46, No 1 Polar Record, 17-20Donald R. Rothwell “The Proliferation Security Initiative: Amending the Convention on the Law of the Sea by Stealth?” in David D. Caron and Harry N. Scheiber (eds) The Oceans in the Nuclear Age: Legacies and Risks (Martinus Nijhoff, Leiden: 2010) 285-293
Donald R. Rothwell, Stuart Kaye, Afshin Akhtarkhavari, and Ruth Davis, International Law: Cases and Materials with Australian Perspectives (Cambridge University Press, Melbourne: IN PRESS)
Donald R. Rothwell and Hitoshi Nasu “Antarctica and International Security Discourse: A Primer” (2008) 6 New Zealand Yearbook of International Law 3-23
Donald R. Rothwell and Tim Stephens, The International Law of the Sea (Hart, Oxford: IN PRESS)
Seminars, Lectures & Conference Presentations
“Japanese Special Permit ‘Scientific’ Whaling in the Southern Ocean: Options for Australia” presented to University of the Third Age (U3A), Belconnen, ACT, 24 February 2010
“Legal Dimensions of the Southern Ocean clashes between Sea Shepherd protestors and Japanese whalers” presented at MLAANZ Half Day Conference, Sydney, 7 April 2010
“International Legal Options” presented at ‘Pirates of the Southern Ocean?’ Conference, Centre for International and Public Law, ANU, Canberra, 15 April 2010
“The rights of Australian citizens when detained overseas” delivered at Shine Lawyers Public Lecture, University of Southern Queensland, Toowoomba, 21 April 2010
“International Legal Options to halt Japanese Whaling in the Southern Ocean” presented at University of Auckland, Auckland, New Zealand, 24 May 2010
“International Legal Options to halt Japanese Whaling in the Southern Ocean” presented at Legislative Council Chamber, Parliament Buildings, Wellington, New Zealand, 25 May 2010
“International Legal Options to halt Japanese Whaling in the Southern Ocean” presented at International Law Association (New Zealand Branch), Wellington, New Zealand, 25 May 2010
“International Legal Options to halt Japanese Whaling in the Southern Ocean” presented at University of Canterbury, Christchurch, New Zealand, 26 May 2010
“Pirates in the Southern Ocean? The Southern Ocean clashes between the Sea Shepherd Conservation Society and the Japanese whaling fleet” presented at Faculty of Law, University of Canterbury, Christchurch, New Zealand, 26 May 2010
“International Legal Options to halt Japanese Whaling in the Southern Ocean” presented at University of Otago, Dunedin, New Zealand, 27 May 2010
“Pirates in the Southern Ocean? The Southern Ocean clashes between the Sea Shepherd Conservation Society and the Japanese whaling fleet” presented at Faculty of Law, University of Otago, Dunedin, New Zealand, 27 May 2010
Opinion Columns
“High seas clash inevitable” The Age 8 January 2010, p. 11 (discussing the collision in the Southern Ocean between the Ady Gil and Shonan Maru and legal and political implications)
“Putting Japan in the dock over whaling” Dominion Post (Wellington) 25 February 2010, p. 5 [discussing the options open to Australia and New Zealand to take Japan to the ICJ to challenge the legality of its JARPA II program]
“Showdown looms on whaling” The Canberra Times 2 March 2010, p. 11 [discussing the diplomatic and legal options open to Australia challenge Japan’s JARPA II program]
“Japanese Whaling: When Diplomacy Fails, Call the ICJ” Jurist Legal News & Research ‘Forum’ 3 March 2010 http://jurist.law.pitt.edu/forumy/2010/03/japanese-whaling-when-diplomacy-fails.php [discussing the diplomatic and legal options open to Australia challenge Japan’s JARPA II program]Ann Kent and Donald R. Rothwell “Worrying lack of transparency in Chinese court” The Canberra Times, 26 March 2010, p 19 (discussing the trial in China of Stern Hu and the closed proceedings which took place)
“Plotting a new course for Barrier Reef shipping” The Canberra Times 16 April 2010, p. 19 [discussing issues confronting the management of the Great Barrier Reef following the Shen Neng 1 incident]
Media
Discussing the chartering of Australian aircraft for surveillance of Sea Shepherd vessels in the Southern Ocean (6 January 2010):
• ABC Local Radio ‘Drive’ - 5.50pm
• ABC TV ‘News’ - 7.01pmDiscussing the collision between the Shonan Maru 2 and the Sea Shepherd Ady Gil in the Southern Ocean and options open to Australia (7 January 2010):
• ABC Radio ‘AM’ – 7.12am
• ABC2 New Breakfast – 8.02am
• Sky News – 8.30am
• ABC 720 Perth – 10.10am
• Radio Australia – 11.05am
• ABC NewsRadio – 2.15pm
• ABC Radio ‘PM’ – 5.15pm
• SBS TV ‘World News’ – 9.32pm
• ABC TV “7.30 Report” – 7.33pm
• David McLennan “Crash ignites whaling war” Protestor’s boat ‘rammed’” The Canberra Times 7 January 2010, p. 1
Greg Ansley “Charter of planes to tail anti-whaling ships exposes Labor vulnerability” New Zealand Herald 7 January 201Discussing the collision between the Shonan Maru 2 and the Sea Shepherd Ady Gil in the Southern Ocean and options open to Australia (8 January 2010):
• Sarah Martin and Andrew Dowdell “High stakes on the high seas” The Advertiser 8 January 2010, p. 23
• Toby Maguire “Sea Shepherd boss just another vigilante” Daily Telegraph 8 January 2010, p. 27
• Jonathan Pearlman and Andrew Darby “International court action could stop cull” Sydney Morning Herald 8 January 2010, p. 4
• Debbie Guest “Activists ‘imperil crew’” The Australian 8 January 2010, p. 2
• Rosslyn Beeby “PM can stop whalers: experts” The Canberra Times 8 January 2010, p. 1
• Ben Packham “Government refuses to send watch ship” Herald-Sun 8 January 2010 p. 5
• Alison Rehn “Whaling could be halted in a month” Daily Telegraph 8 January 2010, p. 2.
• Radio 2GB “Breakfast” 7.50am
• Radio 2UE “Mornings” 9.31am
• Radio 5AA Adelaide “Breakfast” 7.10am
• Radio 3AW Melbourne “Mornings” 9.10am
• Channel 10 “News” 5.02pm
• ABC TV “Midday Report” 12.03pmAndrew Darby “Harpoons across the bow” Sydney Morning Herald 9 January 2010, p. 6 (reference to impact of an Australian ship to monitor events in the Southern Ocean)
Kristen Gelineau “Conservationists file piracy claim against Japanese whalers after Antarctic clash” Associated Press (9 January 2010) (discussing the piracy charges Sea Shepherd are seeking to have laid in the Netherlands against Japan)
Cathy Alexander “Wail over whaling has Japan in sights” Townsville Bulletin 9 January 2010, p. 16 (referring to potential legal action against Japan)Lainie Anderson “Not in my name, thanks” Sunday Mail 10 January 2010, p. 23 (reference to views regarding international litigation against Japan over whaling)
Andrew Tillett “Anti-whalers claim victory despite boat loss” West Australian 11 January 2010, p. 19 (discussing the legal status of the Japanese whaling program)
Peter Alford and Debbie Guest “Japanese spout whale hunting” The Australian 12 January 2010, p. 3 (discussing claims of Sea Shepherd they will seek to effect a citizen’s arrest of Japanese whalers in the Southern Ocean)
Radio Australia ‘Breakfast’ 27 January 2010, 8.50am discussing the UK enquiry into the legality of the 2003 Iraq War and the international legal implications of evidence given to the enquiry
ABC Radio North and West SA “Late Afternoons” 27 January 2010, 5.15pm discussing the conviction in Afghanistan of Robert Langdon for a capital crime and the options open to the Australian government in his case
ABC Radio National “Australia Talks” 10 February 2010 6.25pm discussing Japanese whaling and Australia’s legal options to halt JARPA II
Associated Press “Whaling protester secretly boards Japanese boat” 15 February 2010 discussing the boarding by Sea Shepherd member Peter Bethune of the Shonan Maru 2 in the Southern OceanABC 2 “Breakfast” 16 February 2010, 8.30am discussing the boarding by Sea Shepherd member Peter Bethune of the Shonan Maru 2 in the Southern Ocean and Australia’s ongoing position regarding Japanese whaling
Discussing Japan’s decision to detain Sea Shepherd activist Peter Bethune and transport him to Japan to face charges relating to his Southern Ocean protest activities
• ABC Radio National “Breakfast” 17 February 2010, 7.55am
• 6PR Perth 17 February 2010, 9.36am
• Andrew Darby “Protester may face charges in Japan” The Age 17 February 2010, p. 4
ABC Radio JJJ “The Hack” 17 February 2010, 5.50pm
ABC TV ‘The 7.30 Report’ 17 February 2010, 7.30pm discussing aspects of ADF operations relevant to the SIEV 36 Coronial Inquiry being held in DarwinChris Johnson “Whaling Hard Line harpoons activists” Canberra Times 18 February 2010, p. 1, 6 [discussing the position of the current Japanese government re whaling and the detention of Sea Shepherd activist Peter Bethune]
ABC News Radio 19 February 2010 6.50pm discussing the pledge by the Prime Minister to take Japan to the ICJ by November 2010 if Japan does not halt its scientific whaling program
Tom Hyland “The instant law of death” Sunday Age 21 February 2010, 14 (discussing the law of armed conflict and the role of ADF legal officers in advising on that law during Afghan operations)
ABC TV ‘News’ 21 February 2010 7.01pm discussing Australia’s legal claim against Japan over whaling
ABC Radio 666 Canberra ‘Mornings’ 22 February 2010, 9.40am discussing weekend developments over Japanese whaling and the legal options open to Australia
ABC Radio South West Victoria ‘Mornings’ 23 February 2010, 10.48am discussing Australia’s threat to take Japan to the International Court of Justice with respect to whaling
ABC Radio “PM” 23 February 2010, 5.23pm discussing the release of an IWC Small Working Group report proposing various reforms to the IWC and operation of the International Convention for the Regulation of Whaling
ABC Radio National ‘Asia Pacific’ 24 February 2010, 5.13am discussing proposals for reform of the International Whaling Commission and its implications for any Australian legal case against JapanChina Radio International (CRI Radio) English “People in the Know” 25 February 2010 discussing Australia’s possible legal claim against Japan to halt Japanese whaling in the ICJ
Australia Network “Newsline” 25 February 2010 discussing the potential legal claim of Australia against Japan for its whaling operations in the Southern Ocean
ABC Radio “AM” 26 February 2010, 7.27am discussing a Federal Court judgment in a case brought by Mamdouh Habib and its implications for the responsibility of Australian governments towards citizens abroad
ABC Radio 1233 Newcastle “Drive” 2 March 2010 4.07pm discussing the current state of the whaling debate and whether Australia will take Japan to the ICJ
ABC 666 Canberra “Afternoons” 10 March 2010, 1.15pm discussing the ongoing investigations into the death of the Balibo Five and the procedures which need to be followed if a war crimes trial is to be commenced in Australia
ABC Radio ‘Coast FM’ 11 March 2010, 4.15pm discussing Australia’s push for a prisoner transfer agreement to allow for the return from Indonesian of Schapelle Corby
SBS Ethnic Radio ‘World View’ 18 March 2010 – 5.13pm discussing the forthcoming trial in China of Stern Hu
Radio Adelaide ‘The Wire’ 22 March 2010 – 5.38pm discussing the trial of Stern Hu in Shanghai
Discussing the Stern Hu case and the verdict of 10 years imprisonment (29 March 2010):
• ABC Radio 702 Sydney – ‘Drive’ : 5.10pm
• ABC Radio 891 Adelaide –‘Drive’: 5.19pm
• ABC Radio 720 Perth – ‘Drive’ – 4.07pm
• SBS TV ‘World News Australia’ – 6.30pm
• ABC TV ‘Australian Network’- ‘News’ – 7.34pm
• 6PR Perth ‘Nightline’ – 8.13pm
Discussing the Stern Hu case and the verdict of 10 years imprisonment (30 March 2010):
• ABC Radio Australia : 8.50am
• 2UE ‘News’ : 6.30am
• Channel 7 ‘News’ : 6.10pm
• Radio Adelaide ‘The Wire’ : 5.43pm
• ‘China jails ‘spy’ Hu for 10 years’ West Australian 30 March 2010, p. 5
Discussing the Stern Hu case and the verdict of 10 years imprisonment (31 March 2010):
• Elaine Kurtenbach ‘Jail terms sign to tread carefully in China’ New Zealand Herald 31 March 201, p.5 (Business News)
• Mark Kenny ‘Stern tests of diplomacy’ Adelaide Advertiser 31 March 2010,p. 25
ABC Radio ‘The World Today’ 1 April 2010, 12.20pm discussing the High Court’s ruling in the extradition request by Croatia of the alleged Serbian war criminal Daniel Snedden
Discussing the grounding of the Chinese-flagged Shen Neng 1 on Douglas Shoal in the Great Barrier Reef (5 April 2010):
• Jared Owens ‘Leaking ship’s owners face $1m fine’ The Australian 5 April 2010, p. 3
• 3AW ‘Mornings’ - 8.47am
• 4BC ‘Afternoons’ – 3.45pm
Discussing Australia’s options to take a more proactive approach to regulating shipping in the Great Barrier Reef following the Shen Neng 1 incident (6 April 2010):
• ABC Radio ‘News’ 12.03pm
• ABC 666 Canberra ‘Drive’ 5.36pm
• ABC Radio ‘PM’ 6.40pm
• ABC News Radio 6.47pm
Claire Chaffey “Japanese whaling on Government’s legal menu” Lawyers Weekly 18 April 2010
ABC Radio Capricornia “News” 21 April 2010, 12.30pm/5.30pm discussing proposals that a large bond be sought from vessels transiting the Great Barrier Reef
ABC Radio 666 Canberra “Mornings” 28 April 2010, 9.33am discussing Peter Garrett’s speech to the ANU re whaling
Joe Kelly “Peter Garrett slams IWC’s new whaling quota plan” The Australian Online 28 April 2010 [discussing Australia’s response to the proposed schedule amendments to the ICRW]
Australian Network “Newsline with Jim Middleton” 28April 2010 discussing the developments for reform within the IWC and the diplomatic issues being raised in advance of IWC 62
Joe Kelly “Garrett rejects IWC compromise on whaling” The Australian 29April 2010, p. 2 [discussing Australia’s response to the proposed schedule amendments to the ICRW]
TV One (New Zealand) “Breakfast” 26 May 2010, 7.20am discussing the forthcoming trial of Peter Bethune in Japan and options open to the New Zealand government in his case
Radio One 91FM (Dunedin) ‘Breakfast’ – 9.15am, 26 May 2010 discussing the potential for New Zealand and Australia to challenge Japan over its ‘scientific whaling’ program in the Southern Ocean
• also related media in Kalgoorlie Miner, Cairns Post, Illawarra Mercury, Bendigo Advertiser, Warrnambool Standard, Burnie Advocate, Launceston Examiner, Gisborne HeraldDiscussing Australia’s decision to commence international legal action against Japan over whaling (28 May 2010):
• ABC News Radio 4.15pm
• ABC TV ‘Lateline’ 10.05pm
• BBC Monitoring Asia Pacific
• Kyodo News
• Rod McGuirk “Australia says it will take Japan to International Court of Justice to stop its whaling” Canadian PressDiscussing Australia’s decision to commence international legal action against Japan over whaling (29 May 2010):
• Phillip Hudson “Battle to ban whale killing International court move to legally outlaw slaughter by Japan” Herald Sun, p. 20
• Rosslyn Beeby “Whaling case just politics: Japan” The Canberra Times, p. 1
• Lenore Taylor “’Scientific whaling’ to be tested in court” The Sydney Morning Herald, p. 6
• Paul Cleary “Rudd Risks the Anti-Whaling Cause in his Legal Action Against Japan” The Weekend Australian 29-30 May 2010, p. 14
• Tom Arup “Australia to take Japan to court over whaling” The AgeRebecca Fox “NZ should seek Japan’s cooperation” Otago Daily Times 29 May 2010 discussing the position of Peter Bethune and the failure of New Zealand to secure Japan’s cooperation into the investigation over sinking of the Ady Gil
Discussing Australia’s decision to commence international legal action against Japan over whaling (31 May 2010):
• ABC Radio National ‘Breakfast’ – 6.35am
• Andrew Darby ‘US warns of risks in Australia’s whale action’ The Sydney Morning Herald 31 May 2010, p. 6
• ABC Radio 666 Canberra ‘Mornings’ – 9.39am
Kim Rubenstein
Kim Rubenstein
Professor Kim Rubenstein attended a public briefing by DFAT on Monday 31st May run by the Department of Foreign Affairs and Trade (DFAT), together with the Department of Defence and Austrade, on the Autonomous Sanctions Bill currently before Parliament.
A copy of the presentation from the information sessions can be accessed at http://www.dfat.gov.au/un/unsc_sanctions/aasb.html DFAT is inviting comments or questions on the Bill at: sanctions@dfat.gov.au. Submissions can also be made to the Senate Inquiry on the Bill.
Lecture to U3A group on Citizenship and the Constitution, Wed 16 June 2010Professor Rubenstein is one of four scholars submitting a combined Amicus Brief in the US Supreme Court Case, Flores-Villar v USA 09-5801 which concerns issues of statelessness.
See further about the case at:Title: Flores–Villar v. United States
Docket: 09-5801 http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/09‑5801.htm
Issue: Whether the Court’s decision in Nguyen v. Immigration and Naturalization Service (2001) permits gender discrimination that has no biological basis?
• Opinion below http://www.ca9.uscourts.gov/datastore/opinions/2008/08/06/0750445.pdf (9th Circuit)
• Petition for certiorari http://www.scotusblog.com/wp-content/uploads/2010/03/09-5801_pet.pdf
• Brief in opposition http://www.scotusblog.com/wp-content/uploads/2010/03/09-5801_bio.pdf
• Petitioner’s reply http://www.scotusblog.com/wp-content/uploads/2010/03/09-5801_reply.pdf
Ernst Willheim
Ernst Willheim
Article in April edition, Public Sector Informant, A Federation in these Seas:An Account of the Acquisition by Australia of its External Territiries4 May 2010: interview with national syndicated indigenous radio program re significance of the Mabo decision
21 May 2010: interview with Western Australian radio station re constitutional validity of proposed Commonwealth resources super profits tax in light of State claims that tax would be unconstitutional
25 May 2010: presentation to ANU College of Law workshop: The High Court's approach to amicus applications in constitutional cases is fundamentally flawed