'The Plumb-pudding in danger', an 1805 editorial cartoon by James Gillray, via Wikimedia Commons (CC0).
The Centre for International and Public Law (CIPL), ANU College of Law is pleased to announce a new seminar series, entitled ‘The Politics of International Law’ led by Dr Ntina Tzouvala.
The international legal order is currently facing unprecedented challenges. At the same time, international law, understood both as academic discipline and professional practice, is undergoing profound transformations that throw into question certainties that have been taken for granted at least since the end of the Cold War.
This series will explore these fundamental questions, to historicise and theorise their origins, and imagine possible answers to our current problems. The seminars are designed to bring internationally-leading voices in the discipline in conversation with scholars from The Australian National University.
Covert Resistance in Pursuit of Symmetry in International Investment Law
Legalised Identities: Cultural Heritage Law and the Shaping of Transitional Justice
Not Equal: Toward an International Law of Finance
Kangle Zhang, Law School of Peking University/ Faculty of Law, University of Helsinki
The Practice and Problems of Transnational Counter-Terrorism
Professor Fiona De Londras (Birmingham Law School & ANU College of Law)
Commentator: Dr Ntina Tzouvala (ANU College of Law)
The attacks of 9/11 kickstarted the development of a pervasive and durable transnational counter-terrorism order. This has evolved into a vast institutional architecture with direct effects on domestic law around the world and a number of impacts on everyday life that are often poorly understood. States found, fund and lead institutions inside and outside the United Nations that develop and consolidate transnational counter-terrorism through hard and soft law, strategies, capacity building and counter-terrorism 'products'. These institutions and laws underpin the expansion of counter-terrorism, so that new fields of activity get drawn into it, and others are securitised through their reframing as counter-terrorism and 'preventing and countering extremism'. Drawing on insights from law, international relations, political science and security studies, this book demonstrates the international, regional, national and personal impacts of this institutional and legal order. Fiona de Londras demonstrates that it is expansionary, rights-limiting and unaccountable.
Locating Justice Pal: TWAIL, International Criminal Tribunals, and Judicial Powers
This paper brings forward Justice Pal’s dissenting opinion at the Tokyo Tribunal to add to the TWAIL literature on international criminal law. It is part of a TWAIL effort to scrutinize the everyday practices of international prosecutions through procedural and evidentiary rules. By locating and situating Justice Pal’s reason within the broader academic literature on dissents in international criminal law, it is possible to illustrate how and why Justice Pal’s views were obscured as a relevant dissent. From this vantage point, this paper then pursues Justice Pal’s legacy as it relates to the rules of evidence and procedure in the ICTY and ICTR. It traces the evolution of the judicial power to draft and amend the rules and examines the impact of these decisions on the everyday functions of the tribunals and how truth is determined.
Reconsidering REDD+: Authority, Power and Law in the Green Economy
This talk provides a critical analysis of some of the global legal infrastructures that have been established through emerging forms of climate governance. It interrogates the Reducing Emissions from Deforestation and Forest Degradation, or REDD+ scheme, and shows how carbon offset projects operate to reorganise social relations and to establish new forms of global authority over forests in the Global South, in ways that benefit the interests of some actors while further marginalising others. This investigation reveals how the operations of global governance distributes rights, power and obligations between scales, and illuminates processes by which authority is globalised while responsibility is localised. REDD+ ultimately unequally distributes the burdens and responsibilities of climate change mitigation onto marginalized populations in the Global South.
Centering Child Development in International Children's Rights Law
This talk looks at how child development and its relationship with the right to development of children have been understood in international children's rights law. I will argue that any conceptions of childhood that focus either on children's future as adults, or on children's lives in the present, overlook the hybridity of children's lived experiences and results in a narrow, and insufficient conceptualization of the right to development of children. Thus, a move forward, towards a more comprehensive understanding of child development, should offer greater respect for children's agency and human dignity and their right to participate in decision concerning their own development.
Micronations and the search for sovereignty
Thursday 11 August 2022, 12-1pm
Political disagreement is a fact of life. It can prompt people to stand for public office and agitate for political change. Others take a different route; they start their own nation. Micronations and the Search for Sovereignty is the first comprehensive examination of the phenomenon of people purporting to secede and create their own country. It analyses why micronations are not states for the purposes of international law, considers the factors that motivate individuals to separate and found their own nation, examines the legal justifications that they offer and explores the responses of recognised sovereign states. In doing so, this talk that draws from book develops a rich body of material through which to reflect on conventional understandings of statehood, sovereignty and legitimate authority.