Volume 6
No. 3: August 2011
In this issue:
Welcome
Dear CIPL Friends
Welcome to the 3rd CIPL E Bulletin for 2011!It is hard to believe it is already August and that one month from today we’ll be enjoying the start of the 2011 Public law weekend.
Can I encourage you to be sure to register before the early bird cut off which is in ten days (19 August)! The program set out in the link below is terrific and registrations are already growing!
For those of you unable to register for the program but free on the Friday evening, we look forward to seeing you at the fourteenth Geoffrey Sawer public lecture to be delivered by The Right Hon Madam Chief Justice Beverley McLachlin, PC, Canadian Chief Justice on Friday 9 September 2011.
Between now and then and beyond, please see outlined below the rich array of seminars and events and information of interest, and also the links to events over the past few months since the last E Bulletin in May as there are links to the audio of those past events. In particular you may enjoy this year’s Kirby lecture in International law where the video of the event is available, including footage of Justice Kirby’s own video as he was overseas, the introduction by Chancellor Gareth Evans, and the stimulating lecture itself by the Honourable Louise Arbour!
You will also see below some examples of our CIPL colleagues’ tremendous output over the last few months and we will bring these all together in our annual newsletter later this year.
Best wishes,
Kim RubensteinProfessor Kim Rubenstein
Director Centre for International and Public Law
ANU College of Law
Convenor
ANU Gender Institute
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
http://genderinstitute.anu.edu.au
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Friday 9-Saturday 10 September
16th Annual Public Law Weekend
10 years on from September 11 2001: the Impact on Public Law
Program RegistrationFriday 9 September
Fourteenth Annual Geoffrey Sawer Lecture
Anti-Terrorism, the Judiciary and the Rule of Law
Finkel Theatre, John Curtin School of Medical Research
To be presented by The Right Hon Madam Chief Justice Beverley McLachlin, PC, Canadian Chief Justice
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
Tuesday 23 August
Public Seminar
Humanitarian Law Perspectives
Finkel Theatre, John Curtin School of Medical Research
Garran Rd
5.30-7.30pm (Refreshments from 5.30pm)
Event co-hosted with Red Cross Australia, Malleson Stephen Jacques
Check web site for more informationCIPL FRIDAY LUNCHTIME SEMINAR SERIES, 1-2pm
Staff Library, ANU College of Law19 August
Simon Matthews, General Counsel and Nick Westerink, Assistant Commissioner Legal Service, Australian Taxation Office
Running a Large Commonwealth Legal Services Team - the Challenges and the Pitfalls2 September
Nicholas Duff, The Australian National University
Reconciling the international law on self-determination with the constructed nature of "peoples"16 September
Glen Patmore, Senior Lecturer in Law, University of Melbourne
Constitutional Change and Australian Republicanism
More information to follow7 October
Fiona David, Visiting Fellow, ANU College of Law
An Australian's Experience in Vienna: Drafting the UNODC Model Law on Smuggling of Migrants
More information to follow
Events & Information of Interest14-18 August
Conference
Towards Global Artificial Photosynthese - Energy, Nanochemistry & Governance
Lord Howe Island
The conference will showcase the research of some of the world's leading experts in artificial photosynthesis, nanotechnology and global governance7 September
25th Annual Lionel Murphy Lecture
To be presented by the Hon Robert McClelland MP
Law Theatre, ANU College of Law
More information to follow
Recent Past Events
To access recordings of past events, go to: http://law.anu.edu.au/cipl/events.asp24 May
ROUNDTABLE DISCUSSION
Human Rights Protections - What does Australia Need?
Panel Members:
Navanethem (Navi) Pillay, UN High Commissioner for Human Rights
Dr Helen Watchirs, ACT Human Rights & Discrimination Commissioner
Professor Tom Campbell, Centre for Applied Philosophy and Public Ethics, ANU15 June
Public Lecture
Bringing Nazi Criminals to Justice: The Domestic and International Law Parameters
Presented by Efraim Zuroff, Director of the Simon Wisenthal Centre Office23 June
Annual Kirby Lecture on International Law
THE LAWS OF WAR: Under Siege or Gaining Ground?
Presented by Hon Louise Arbour CC, GOQ, President and CEO International Crisis Group, Brussels, Belgium23 - 25 June
19th Annual ANZSIL Conference
The Promise and Limits of International Law26 July
Public Event
Arms Trade Treaty
Co-hosted with Australian Red Cross and the ANU Centre for European Studies
Other Past CIPL Events
To access recordings of past events, go to: http://law.anu.edu.au/cipl/events.asp
CIPL FRIDAY LUNCHTIME SEMINAR SERIES
5 August
Ms Catherine Ordway, Sport & Anti-Doping ConsultantProsecuting Drug Cheats in the Court of Arbitration for Sport: Insight into the International anti-doping framework
CIPL News & Associates' Activities
The following is a snippet of recent news and work of some of our CIPL Associates:DON ANTON
Publications
D Anton & D Shelton, Environmental Protection and Human Rights (Cambridge Univ. Press, 2011)D Anton, Protecting Whales by Hue and Cry: Is There A Role for Non-State Actors in the Enforcement of International Law? (2011) 14 Journal of International Wildlife Law & Policy 137
D Anton, R Makgill & C Payne, Seabed Mining: Advisory Opinion on Responsibility and Liability (2011) 41(2) Environmental Policy and Law 60Litigation
Appeared as Counsel and Attorney of Record in the Federal Court of Appeals in New York to file an amici curiae brief in Chevron v. Donziger on questions of international law on behalf of 30 international lawyers around the world, including: Martti Koskeneimi, Stephen McCaffrey, Manfred Nowak, and Burns Weston.Events
Supervised the first ANU law student led symposium and first ANU College live conference webcast, Towards Rio+ 20: Contemporary Issues in International Environmental Law (28 May 2011)Participated in the 2011 ANU Great Green Debate on opposing sides of the proposition: The Environment will never be prioritised over material desires
Media
Interviewed by Radio New Zealand about the Federated State of Micronesia’s challenge to the expansion of a Czech power plant (26 May 2011)The appellate amici brief organised by Don Anton in Chevron v. Donziger received international coverage by Yahoo! News and the PR Newswire (13 June 2011)
Appearance on ABC News 24, Afternoon Live, to discuss possible international arbitral action by Philip Morris against Australia over cigarette labeling (27 June 2011)
Print and online media coverage of commentary by Don Anton on possible international arbitral action by Philip Morris against Australia over cigarette labeling (27-28 June 2011)
Might isn't right, Labor tells big tobacco The Australian, Courier Mail, Herald Sun, Daily Telegraph, Adelaide Now, News.com.au, Perth Now
PM stands firm on ciggie plain packaging
Ninemsn, Yahoo! 7, The West Australian, Australiantimes.co.uk
TONY CONNOLLY
Dr Tony Connolly's most recent book Cultural Difference on Trial: The Nature and Limits of Judicial Understanding (Ashgate:2010) was the subject of a symposium at the Australian Society of Legal Philosophy Annual Conference held in Brisbane in late July. The papers presented at the symposium (including Tony's) will be published in the next edition of the Australian Journal of Legal Philosophy.MATTHEW RIMMER
Matthew Rimmer, Intellectual Property and Climate Change: Inventing Clean Technologies, Cheltenham (UK) and Northampton (Mass.): Edward Elgar, September 2011, http://www.e-elgar.co.uk/bookentry_main.lasso?id=13601
‘An historically grounded study on a cutting-edge topic, Intellectual Property and Climate Change has it all. Not only is it well-written, concise, and hugely informative, it is also a timely intervention addressing truly global challenges. Quite simply, a must-read.’
– Eva Hemmungs Wirtén, Uppsala University, SwedenDON ROTHWELL
Media
ABC News Radio ‘Drive’ 2 May 2011 at 6.22pm discussing the death of Osama bin Laden and the legal issues associated with his killingAmber Jamieson “Crikey Clarifier: was it legal to kill Osama? Crikey (4 May 2011) discussing the legal issues surrounding the death of Osama bin Laden
Nick Butterly and Andrew Tillett “Pregnant and sick to be sent to Malaysia” The West Australian 10 May 2011, p. 6 (discussing Australia’s announcement that it will send asylum seekers intercepted off the coast of Australia to Malaysia)
Decision of the ICC Prosecutor to seek an arrest warrant from the ICC Pre-Trial Chamber for Colonel Gadaffi (17 May 2011):
• ABC News 24 Breakfast – 8.38am
• ABC Local Radio Tasmania – 9.45am
• SBS Radio “World View”Decision of the ICC Prosecutor to seek an arrest warrant from the ICC Pre-Trial Chamber for Colonel Gadaffi (18 May 2011):
SBS Ethnic Radio “World View” – 6.28am“Carving up the Arctic: how the rule of law could save the poles” The Conversation (20 May 2011)
Channel 7 “News” 5 June 2011, 6.02pm regarding the potential extradition from Thailand of Adam Freeman who is wanted on drugs charges in Australia
Ron Sutton “50th anniversary of the Antarctic Treaty” SBS World News Australia Radio 23 June 2011 at 6.22am [commenting on the 50th anniversary of the entry into force of the Antarctic Treaty]
Discussing a possible international legal claim by Philip Morris Asia against the government of Australia over plain packaging of tobacco (27 June 2011):
• ABC Radio 612 Brisbane ‘Mornings’ 27 June 2011 at 8.53am
• ABC Regional Statewide Radio NSW ‘Drive’ 27 June at 4.33pm
• ABC Radio 666 Canberra ‘Drive’ 27 June at 4.50pm
• 3AW ‘The Derryn Hinch Show’ 27 June 2011 at 5.10pm
• ABC Radio 774 Melbourne ‘Drive’ 27 June 2011 at 5.14pm
• Channel TEN ‘News’ 27 June 2011 at 5.05pm
• ABC Radio Triple J ‘Hack’ 27 June 2011 at 5.48pm
• ABC TV ‘News’ 27 June 2011 at 7.02pm
• ABC TV ‘Lateline’ 27 June at 10.38pm
• 2CC Canberra ‘Drive’ 27 June at 3.31pm
• Radio New Zealand News
• ABC Radio News (various)Op-Ed “Can Big Tobacco’s legal challenge to plain packaging succeed?” The Conversation 27 June 2011 at http://theconversation.edu.au/can-big-tobaccos-legal-challenge-to-plain-packaging-succeed-2025 (discussing a possible international legal claim by Philip Morris Asia against the government of Australia over plain packaging of tobacco)
Discussing a possible international legal claim by Philip Morris Asia against the government of Australia over plain packaging of tobacco (28 June 2011):
Ross Peake “PM defiant on cigarette packs as legal stoush begins” The Canberra Times, 28 June 2011, p. 2.
Enda Curran “Corporate News: Philip Morris set to fight ad ban” The Wall Street Journal 28 June 2011, p. B4.
Aj-Jazerra TV (English) 29 June 2011, 11.28pm (GMT) discussing France’s arms drop in Libya and its consistency with the UN Security Council Resolutions dealing with Libya
also
BBC Monitoring Middle East 30 June 2011, 0806ABC Radio ‘The World Today’ 30 June 2011, 12.34pm discussing France’s arms drop in Libya and its consistency with the UN Security Council Resolutions dealing with Libya
“Australia side steps the ‘law of war’ The Wire (Community Radio) 4 July 2011 (discussing revelations that Australia sought to avoid certain Geneva Convention obligations with respect to detainees)
Radiolive (New Zealand) ‘Drive with Paul Henry’ discussing the trial before the ICTY of Ratko Mladic and his initial appearance before the Tribunal
ABC Radio ‘AM’ 6 July 2011, 8.20am discussing reports that Indonesia may decline to prosecute an alleged Bali bomber and the options available to Australia to prosecute and extradite
ABC Radio JJJ ‘Hack’ 6 July 2011, 5.40pm discussing the introduction into Parliament of the tobacco plain packaging Bill and its implications for potential litigation challenging the legislation
Seminars
“Operationalising the Responsibility to Protect: The Libyan Experience” presented at Centre for Public, International and Comparative Law, TC Beirne School of Law, University of Queensland, 20 May 2011“IHL, R2P and the Libyan Experience” presented at The Libyan Conflict: International Humanitarian Law Issues, Red Cross IHL Committee Solferino Seminar, Canberra, 24 June 2011
Conferences
“The Law of the Sea, Maritime Security and Naval Operations in the South China Sea” presented at ‘Contemporary International Law Issues in the Asia Pacific: Opportunities and Challenges’ 2011 International Law Association Asia-Pacific Regional Conference, Taipei, Taiwan, 29 May – 31 May 2011, 20pp“International Law in the Contemporary World: Australian Practice in Protecting Citizens Abroad” presented at ‘Contemporary International Law Issues in the Asia Pacific: Opportunities and Challenges’ 2011 International Law Association Asia-Pacific Regional Conference, Taipei, Taiwan, 29 May – 31 May 2011
Panellist “Joint Development in the Timor Sea” presented at CIL Conference on Joint Development and the South China Sea, Centre for International Law, National University of Singapore, Singapore, 17 June 2011
Workshop
Working Group Floater/Integrator “The Arctic Beyond National Jurisdiction: Exploring the Opportunities and Challenges of Expanded Human Use and Future Governance” Workshop, University of Alaska, Fairbanks, Alaska, USA, 24-27 July 2011KIM RUBENSTEIN
Chapter with Niamh Lenagh Maguire, Citizenship and the Boundaries of the Constitution in THE RESEARCH HANDBOOK IN COMPARATIVE CONSTITUTIONAL LAW, Rosalind Dixon, Tom Ginsburg, eds., Edward Elgar, 2011
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1855811Chair, Human Rights Protections - What does Australia Need? Panel Members: Navanethem (Navi) Pillay, UN High Commissioner for Human Rights, Dr Helen Watchirs, ACT Human Rights & Discrimination Commissioner, Professor Tom Campbell, Centre for Applied Philosophy and Public Ethics, ANU Tuesday 24 May
Participated in Public Consultation about Indigenous Australians in our nation's Constitution, 25 May 2011
Chair, Annual Kirby Lecture on International Law, presented by Hon Louise Arbour CC, GOQ, President and CEO International Crisis Group, Brussels, Belgium, 23 June
Chair, Opening and session at 19th Annual ANZSIL Conference, The Promise and Limits of International Law, Thursday 23 June-Saturday 25 June
Chair-Connecting International and Public Law Workshop- Security, Institutions and International and Public Law, Monday 27 June-Wednesday 29 JuneParticipant at Law Council of Australia Forum on Constitutional Recognition of Indigenous Australians at Old Parliament House, Friday 22 July
Chair: Lunchtime forum: Progress of the world's women - in pursuit of justice August 3, 2011
Key note speaker “The Challenges of Citizenship” at Uni SA conference From Refugee to Citizen, August 4
Presentation on Submission Guidelines to forum: Getting ready for the Referendum: Aboriginal and Torres Strait Islander Peoples in the Australian Constitution, 8 August
Rubenstein, K 2011, 'From Suffrage to Citizenship: A Republic of Equals', Legal Date, vol. 23, no. 3, pp. 13-14.
JAMES STELLIOS
Articles
'Reconceiving the Separation of Judicial Power' (2011) Public Law Review 113'Exploring the Purposes of Section 75(v) of the Constitution' (2011) UNSW Law Journal 70
'The Jury System in Australia' (2011) 44(4) Comparative Law Review 35
Other publications
'Constitutional Limitations on State and Commonwealth Parliaments' (2011) 23(3) Legaldate 4Media
Article on Momcilovic v The Queen, Public Sector Informant, July 2011Article on Dickson v the Queen, Public Sector Informant, May 2011
ERNST WILLHEIM
Submissions
Submission to public consultations on ACT hospital planning drawing’s attention to human rights issuesMedia interviews
SBS: Swiss referendum for automatic expulsion of foreign criminals
ABC: Constitutional implications of gay marriage legislation proposals
SBS: Rule of law, international criminal law and implications for state sovereigntyPresentations
Presentation to AACL Talking Constitutions group on Rowe v Australian Electoral Commission [2010] HCA 46MATTHEW ZAGOR
Appointed as an Adjunct Fellow, ANU Centre for European StudiesSubmission to Senate Legal and Constitutional Affairs Committee inquiry into the Migration Amendment (Detention Reform and Procedural Fairness) Bill 2010 (prepared on behalf of Australian Lawyers for Human Rights).
Chair, Moving Towards an Arms Trade Treaty, 26 July (event co-hosted by CIPL, IHL Committee of ACT Red Cross, and ANU Centre for European Studies)
Public Lecture, 'Reading the Cluster Munitions Convention against the Principle of Humanity: interoperability and the draft legislation' (4 May 2011, Cluster Bombs, Human Rights and the Australian Legislation, ANU)
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