Part of the Annual Kirby Lecture on International Law series
Australia’s engagement with international courts and tribunals over the past 20 years has increased markedly, in part due to its acceptance of new forms of contentious jurisdiction, but also because states and private actors have become more litigious. There are common elements to the conduct of such litigation including choice of forum, selection of arbitrators and ad hoc judges, whether to seek provisional measures, questions of jurisdiction and admissibility, the taking of preliminary objections, the content and form of the evidence and the choice of substantive arguments.
This lecture will explore some of those matters with particular reference to the conduct by Australia of the more recent cases in which it has been involved before the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS) and various ad hoc arbitral tribunals. The lecture also will explore Australia’s participation in ICJ and ITLOS advisory opinion proceedings in which there can often be a real question as to the appropriateness of the Court or Tribunal rendering the opinion requested of it.
Canapes and drinks from 5pm.