Gemmo Fernandez

PhD Candidate
LL.M. (U. Syd); J.D. (U. Phil); BSc (Applied Mathematics) (AdMU)

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Biography

Gemmo Bautista Fernandez is a doctoral candidate under the supervision of Associate Professor Sarah Heathcote. 

Prior to commencing his doctoral studies, Gemmo worked as an associate at a Philippine law firm specialising in cybercrime and data privacy protection. He also worked as research assistant at the University of the Philippines Institute of Human Rights, the Ateneo de Manila University School of Government, and the Southeast Asia Tobacco Control Alliance. 

He obtained his Master of Laws degree from the University of Sydney and his Juris Doctor degree from the University of the Philippines.

Appointments

  • 2017: Admitted to the Philippine Bar

PROFESSIONAL MEMBERSHIPS

  • Associate Member, Australia & New Zealand Society of International Law
  • Member, Asian Society of International Law
  • Associate Student Member, Sydney Southeast Asia Centre
  • Member, Association for Asian Constitutional Studies

Significant research publications

  • Fernandez G, ‘Free Market Place of Ideas: Applying the Approach of the UN Human Rights Committee and the European Court of Human Rights in Philippine Internet Hate Speech Cases’ in Kang M, Rivé-Lasan M, & Hall P (eds), Beyond Hate and Fear: Hate Speech in Asia and Europe (Routledge, 2020)
  • Fernandez G, ‘Rise of Illiberal Democracy, Weakening of the Rule of Law, and Implementation of Human Rights in the Philippines’ (2020) 36 American University International Law Review (forthcoming)
  • Fernandez G, ‘The Timor Sea Dispute: A Note on the Process, Outcome, and Application in the West Philippine Sea’ (2020) 93(1) Philippine Law Journal 29
  • Fernandez G, ‘Where No War Has Gone Before: Outer Space and the Sufficiency of the Current Laws of Armed Conflict’ (2020) 43(2) Journal of Space Law 245
  • Fernandez G, ‘Re-examining the Dimensions of External Forcible Interventions in Internal Conflicts’ (2019) 92(3) Philippine Law Journal 497
  • Fernandez G, ‘Regulating Philippine Internet Hate Speech’ (2019) 23(2) Media & Arts Law Review 236
  • Fernandez G, ‘Within the Margin of Error: Derogations, Limitations, and the Advancement of Human Rights’ (2019) 92(1) Philippine Law Journal 1
  • Fernandez G, ‘The Theory and Standards of Judicial Impartiality and the Case of Republic of the Philippines v Chief Justice Sereno’ (2019) 19(2) Australian Journal of Asian Law Article 8
  • Fernandez G, ‘Revisiting the Concepts of Rights, Obligations, and Injury in the Invocation of State Responsibility in Inter-State Adjudication’ (2018) 91(4) Philippine Law Journal 832
  • Pangalangan R, Fernandez G, & Tugade R, ‘Marcosian Atrocities: Historical Revisionism and the Legal Constraints on Forgetting’ (2018) 19(2) Asia-Pacific Journal on Human Rights and the Law 140
  • Fernandez G & Pangalangan R, ‘Spaces & Responsibilities: Review of Foreign Laws and Analysis of Philippine Laws on Internet Intermediary Liability’ (2015) 89(4) Philippine Law Journal 761

Please note, only a small selection of recent publications and activities are listed below.

Research biography

Gemmo’s doctoral dissertation delves into the implementation of communitarian norms in international law. The research endeavours to assess the theories and concepts that have led to the development  of the rules on state responsibility concerning erga omnes obligations. It also examines the state practice pertaining to the entitlement of ‘third states’ to take measures in response to internationally wrongful acts. Finally, it evaluates whether the current formulations of the concepts of rights, injury, and obligations are adequate insofar as addressing the issues concerning the implementation of erga omnes obligations.

His other research interests, the subject of his other publications, include the validity of treaty withdrawals; the rules of armed conflicts conducted in outer space; and the regulation of online hate speech.

Research projects & collaborations

  • Civil Liabilities for Human Rights Violations in the Philippines (Research Roundtable on Civil Liability for Human Rights, Bonavero Institute of Human Rights, University of Oxford)

Book chapters

  • Fernandez G, ‘Free Market Place of Ideas: Applying the Approach of the UN Human Rights Committee and the European Court of Human Rights in Philippine Internet Hate Speech Cases’ in Kang M, Rivé-Lasan M, & Hall P (eds), Beyond Hate and Fear: Hate Speech in Asia and Europe (Routledge, 2020)

Refereed journal articles

  • Fernandez G, ‘Rise of Illiberal Democracy, Weakening of the Rule of Law, and Implementation of Human Rights in the Philippines’ (2020) 36 American University International Law Review (forthcoming)
  • Fernandez G, ‘Where No War Has Gone Before: Outer Space and the Sufficiency of the Current Laws of Armed Conflict’ (2020) 43(2) Journal of Space Law 245
  • Fernandez G, ‘Regulating Philippine Internet Hate Speech’ (2019) 23(2) Media & Arts Law Review 236
  • Fernandez G, ‘The Theory and Standards of Judicial Impartiality and the Case of Republic of the Philippines v Chief Justice Sereno’ (2019) 19(2) Australian Journal of Asian Law Article 8
  • Pangalangan R, Fernandez G, & Tugade R, ‘Marcosian Atrocities: Historical Revisionism and the Legal Constraints on Forgetting’ (2018) 19(2) Asia-Pacific Journal on Human Rights and the Law 140

Conference papers & presentations

  • Fernandez G, ‘Outside the Margin for Error: The Invalidity of the Philippines’ Withdrawal from the Rome Statute’ (9th Cambridge International Law Conference, University of Cambridge, Cambridge, May 2020)
  • Fernandez G, ‘The Timor Sea Dispute: A Note on the Process, Outcome, and Application in the West Philippine Sea’’ (Ivan Shearer International Law Memorial Workshop, University of South Australia, Adelaide, December 2019)
  • Fernandez G & Aliño P, ‘The Philippines (2016–Present): Democracy, Rule of Law, & Human Rights’ (4th Conference on Human Rights of the Sydney Southeast Asia Centre, University of Jember, East Java, October 2019)
  • Fernandez G, ‘The Theory and Standards of Judicial Impartiality and the Case of Republic of the Philippines v Chief Justice Sereno’ (8th International Legal Ethics Conference: Legal Ethics in the Asian Century, University of Melbourne, Melbourne, December 2018)
  • Fernandez G, ‘Revisiting the Concepts of Rights, Obligations, and Injury in the Invocation of State Responsibility in Inter-State Adjudication’ (Conference of the Philippine Society of International Law, University of the Philippines, Manila, September 2018)

Other

  • Fernandez G, ‘How the Philippine Government Gets the Concept of “Intervention” Wrong’, The Diplomat (8 January 2020)

Topic

Communitarian Norms and the Implementation of State Responsibility: Evaluating State Practice and Examining the Concepts and Theories of Codification

Program

Doctor of Philosophy (PhD)

Primary supervisor

Associate supervisor

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