Gemmo Fernandez
ANU College of Law, 5 Fellows Rd, Acton ACT 2600
Research Themes
Research Centre
Biography
Gemmo Bautista Fernandez is a doctoral candidate under the supervision of Associate Professor Sarah Heathcote. His doctoral dissertation focuses on the implementation of duties arising from collective norms by ’states other than an injured state' under the 2001 Draft Articles of State Responsibility.
His other fields of research include the human rights law and the law of sea.
He obtained his Masters of Laws from the University of Sydney and his Juris Doctor from the University of the Philippines. Prior to pursuing postgraduate studies, he practiced law in the Philippines in fields of cybercrime litigation and data privacy protection.
Appointments
- 2017: Admitted to the Philippine Bar
PROFESSIONAL MEMBERSHIPS
- Associate Member, Australia & New Zealand Society of International Law
- Student Member. American 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
BOOK CHAPTERS
- Fernandez G et al, ‘The Philippines: Civil Vindications for Uncivilised Wrongs’ in Aristova E & Grušić U (eds), Civil Remedies and Human Rights in Flux: Key Legal Developments in Selected Jurisdictions (Hart Publishing, 2022)
- 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)
JOURNAL ARTICLES
- Fernandez G, ‘There & Back Again: The Philippines’ Experience with Authoritarianism’ (2022) 16 UNSW Law Society Courts of Conscience 73
- Fernandez, G, ‘Outside the Margin for Error: The Invalidity of the Philippines’ Withdrawal from the Rome Statute’ (2022) 33 Annuaire de La Haye de Droit International 77
- Fernandez G, ‘Rise of Illiberal Democracy, Weakening of the Rule of Law, and Implementation of Human Rights in the Philippines’ (2021) 36 American University International Law Review 181
- 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
In the Media
Research biography
Aside from issues oncerning state responsibility for wrongful acts (the subject of his doctoral thesis), Gemmo's other research interests include the rule of law, international human rights, and space law.
Grants
- Australia National University Fee Remission Merit Scholarship (2023–Present)
- Australia National University Graduate House Scholarship (2022–3)
- Australian Government Research Training Program International Scholarship (Department of Education & Training, 2020–3)
Refereed journal articles
- Fernandez, G, ‘Outside the Margin for Error: The Invalidity of the Philippines’ Withdrawal from the Rome Statute’ (2022) 33 Annuaire de La Haye de Droit International 77
- 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
Book chapters
- Fernandez G et al, ‘The Philippines: Civil Vindications for Uncivilised Wrongs’ in Aristova E & Grušić U (eds), Civil Remedies and Human Rights in Flux: Key Legal Developments in Selected Jurisdictions (Hart Publishing, 2022)
- 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)
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, ‘International Efforts to hold Duterte to account unsurprisingly yield anger from the Philippine Government’ East Asia Forum (4 August 2021)
- Fernandez G, ‘How the Philippine Government Gets the Concept of “Intervention” Wrong’ The Diplomat (8 January 2020)
Past courses
- Public International Law (The Australian National University): 2020–2 (Tutor)
- Introduction to Cyber-Security: Policy & Operations (The University of New South Wales): 2022 (Tutor)
Topic
The Implementation of Duties arising from Collective Norms: Theory, Practice, & Reconstruction
Program
Further information
Gemmo’s doctoral dissertation delves into the implementation of duties arising from collective 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 duties owed erga omnes (partes). 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 duties are adequate insofar as addressing the issues concerning the implementation of duties owed erga omnes (partes).
