Centre for International & Public Law

The Centre for International and Public Law seeks to enrich legal research into the relationship between governments, and between governments and their citizens from both domestic and international perspectives.

Last updated date

10.40am Tuesday 14 November 2017

Latest news

10
Nov
2017
Blind Justice Statue
Dr Heather Roberts has received a Discovery Early Career Researcher Award (DECRA) from the Australian Research Council to undertake extensive research into the records of Australian judicial swearing-in ceremonies dating back to Federation.
10
Nov
2017
Crown and Sword
ANU Press has just published 'Crown and Sword: Executive power and the use of force by the Australian Defence Force' by Associate Professor Cameron Moore.
09
Nov
2017
European Union Flag
The free movement of people continues to be significant to the Brexit negotiations and the topic is receiving wider coverage. It is a remarkable story of evolution and integration to which the Member States, the Court of Justice of the EU and the other EU institutions have all contributed.
07
Nov
2017
The Constitutional
A new podcast from the ANU College of Law captures conversations about law in a way that is utterly charming and reminds listeners that lawyers are people too.
03
Nov
2017
Tran-Pacific Partnership
Is an 11-member Trans-Pacific Partnership (TPP) 2.0 a possibility? It seemed most unlikely back in January when US President Trump withdrew the United States from the TPP. But there have since been ongoing discussions among the remaining 11 members in an effort to keep the TPP dream alive.

In the Media

15
Nov
2017

There’s a big same-sex wedding planned. And Tony’s invited

Ryan Goss quoted in News.com.au

14
Nov
2017

Jewish heritage could present citizenship headache for PM and others

Kim Rubenstein quoted in The New Daily

11
Nov
2017

Trans-Pacific Partnership talks resume after Trudeah no-show

Donald Rothwell speaks to The New Daily

Research theme:
10
Nov
2017

Labor can’t have ‘cake and eat it too’: Cormann

Kim Rubenstein quoted in The Australian

08
Nov
2017

News Decoder

Kim Rubenstein speaks to ABC News

05
Nov
2017

Citizenship audit

Kim Rubenstein speaks to 2GB

04
Nov
2017

David Speers: Pollies should show us their passports

Kim Rubenstein quoted in The Daily Telegraph

31
Oct
2017

Closing of Manus Island detention centre

Kevin Boreham speaks to ABC 666 Breakfast

11
Oct
2017

Joyce’s case hangs on overcoming 1992 ruling

Kim Rubenstein quoted in The Australian

26
Sep
2017

Review of K. Rubenstein, Australian Citizenship Law, Lawbook Company of Australia/Thomson Reuters, Sydney, 2017 (2nd edition)

Kim Rubenstein cited in Eudo Citizenship (European Union Democracy Observatory on Citizenship)

Upcoming events

20
Nov
2017

Constitutional Protection for Political Protests: Brown v Tasmania

Bob Brown and Amelia Simpson
5.30PM to 7.00PM
  • Bob Brown, The Bob Brown Foundation
  • A/Prof Amelia Simpson, ANU College of Law

The Centre for International and Public Law and The Australia Institute are pleased to host a discussion of the High Court’s decision in Brown v Tasmania [2017] HCA 43. 

04
Dec
2017

Thailand’s constitutional changes and Buddhism

Event speaker
1.00PM to 2.00PM
  • Khemthong Tonsakulrungruang, Chulalongkorn University

The Thai state is known for its long and deep entanglement with Buddhism. Buddhism provided guidance, constraints, as well as legitimacy for traditional Siamese kings, who returned the favor in the form of special treatment and subsidies to the Thai Buddhist order.

07
Dec
2017

Book launch: Crown and Sword: Executive Power and the Use of Force by the Australian Defence Force

Cameron Moore
4.30PM to 5.00PM
  • Dr Cameron Moore, Australian National Centre for Ocean Resources and Security, University of Wollongong
  • Henry Burmester AO, QC, ANU College of Law

The Australian Defence Force, together with military forces from a number of western democracies, have for some years been seeking out and killing Islamic militants in Iraq, Syria and Afghanistan, detaining asylum seekers for periods at sea or running the judicial systems of failed states.

07
Dec
2017

The Annual Kirby Lecture on International Law - International dispute resolution: Australian perspectives and approaches

Bill Campbell QC
5.30PM to 6.30PM
  • Bill Campbell PSM QC, General Counsel (International Law), Office of International Law, Attorney-General’s Department

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. 

Past events

30
Oct
2017

Trying international crimes today: The challenges and the way forward

David Re
11.00AM to 12.00PM
  • Judge David Re

Judge David Re was appointed by the UN Secretary-General as an international judge of the Special Tribunal for Lebanon in The Hague, the Netherlands (STL) in 2010, and is the Presiding Judge of its Trial Chamber, which is hearing the first international terrorism trial.

26
Oct
2017

The constitutionality of the Catalan referendum and the potential impact of secession on the European Union

Nicolas de Sadeleer
5.30PM to 7.00PM
  • Professor Nicolas de Sadeleer, Professor of EU Institutional Law and Comparative Law, University Saint Louis, Brussels

The Catalan independence process was first ushered in by the adoption of a Parliamentary resolution in January 2013, asserting the right of  self-determination of the Catalan nation. Ever since, the various attempts made by the Catalan authorities towards independence have met fierce resistance  from the national authorities.

25
Oct
2017

The boundaries of administrative law: Some recent cases

2017 AIAL National Administrative Law Conference
5.30PM to 7.00PM
  • Prof James Stellios, ANU College of Law
  • A/Prof Leighton McDonald, ANU College of Law
  • Kristy Katavic, Blackburn Chambers
  • Cain Sibley, Clayton Utz
  • Robert Orr QC, Australian Government Solicitor

This seminar will involve a range of speakers discussing recent cases on the basic features, and limits, of the Australian regime for challenging administrative decisions, and trends which emerge from them.

13
Oct
2017

Mission impossible: Are we asking too much of the International Criminal Court?

Tim McCormack
3.30PM to 4.30PM
  • Professor Tim McCormack, DFAT Visiting Legal Fellow

It is true that the ICC represents a natural progression from Nuremberg and Tokyo post-WWII, the ICTY and ICTR in the early 1990s and the proliferation of hybrid and internationalised criminal courts and tribunals since.

13
Oct
2017

Anticipating and managing investment arbitration claims: Tips and recommendations for an efficient defence

Investment arbitration
11.30AM to 1.00PM
  • Patrick W Pearsall, Former Chief of Investment Arbitration for the United States

Patrick W Pearsall, the former Chief of Investment Arbitration for the United States, will present his recommendations on how to run an efficient and successful defence when confronted with an investment arbitration claim.

Since its establishment in 1990, the Centre for International and Public Law has been advancing the understanding of international and public law. The Centre’s members are leading experts in their fields of international and public law, and their research has had considerable impact on public policy at the local, national and international levels.

Capitalising on its proximity to the seat of our national government, the Centre has built strong connections within and across the federal government, including the Attorney General’s Department and the Department of Foreign Affairs and Trade, as well as other key national institutions, including the High Court.

The Centre runs two annual lectures – the Geoffrey Sawer lecture and the Kirby lecture in International Law and organises two major annual conferences - the Australian and New Zealand Society of International Law Conference and the Public Law Weekend. The Centre also runs a monthly talk series, in conjunction with Attorney General's Department and the Department of Foreign Affairs and Trade (DFAT)

The Centre is also home to the leading journal, the Australian Yearbook of International Law.

Through its visitor program, the Centre hosts international and domestic scholars, judges and government lawyers. 

Directors


James Stellios
Professor

Staff


Sarah Parker
Secretariat Coordinator

Members


Peter Bailey
Adjunct Professor

Pauline Bomball
Lecturer

Kevin Boreham
Lecturer

Peter Cane
Emeritus Professor

Moeen Cheema
Senior Lecturer

Anthony Connolly
Associate Professor

Michael Coper
Emeritus Professor

Lynn DuMoulin
Senior Lecturer

Thomas Faunce
Professor

Jolyon Ford
Associate Professor

Ryan Goss
Senior Lecturer

Dorota Anna Gozdecka
Senior Lecturer

Don Greig
Emeritus Professor

Kath Hall
Associate Professor

Judy Harrison
Senior Lecturer

Sarah Heathcote
Associate Professor

Vivien Holmes
Associate Professor

Ann Kent
Visiting Fellow

Linda Kirk
Senior Lecturer

David Letts
Associate Professor

Ron Levy
Senior Lecturer

Anne Macduff
Senior Lecturer

Leighton McDonald
Associate Professor

Anne McNaughton
Senior Lecturer

Cameron Moore
Associate Professor

Wayne Morgan
Associate Professor

Hitoshi Nasu
Associate Professor

Joshua Neoh
Senior Lecturer

Molly Townes O'Brien
Associate Professor

Kate Ogg
Senior Lecturer

Dennis Pearce
Emeritus Professor

Heather Roberts
Senior Lecturer

Donald Rothwell
Professor of Law

Kim Rubenstein
Professor

Imogen Saunders
Lecturer

Amelia Simpson
Associate Professor

Daniel Stewart
Senior Lecturer

Peter Sutherland
Visiting Fellow

Margaret Thornton
Professor

Christopher Ward
Adjunct Professor

Fiona Wheeler
Emeritus Professor

Asmi Wood
Associate Professor

Matthew Zagor
Associate Professor

Higher degree research students


Louise Baker
PhD Candidate

Moeen Cheema
Senior Lecturer

Camille Goodman
PhD Candidate

Shay Keinan
PhD Candidate

Justine Poon
Manager - LRSJ

Affiliates

Anthea Roberts
Associate Professor
Centre for International Governance and Global Governance, ANU College of Asia and the Pacific
The Australian National University
Canberra, Australia
Professor Penelope Mathew
Dean and Head of School
Griffith Law School
Griffith University
Brisbane, Australia
Susan Harris-Rimmer
Freilich Foundation Chair
ARC Future Fellow, Asia Pacific College of Diplomacy, ANU College of Asia and the Pacific
The Australian National University
Canberra, Australia
Jeremy Farrall
Fellow
Asia-Pacific College of Diplomacy, ANU College of Asia & the Pacific
The Australian National University
Canberra, Australia
Hilary Charlesworth
ARC Laureate Fellow and Director CIGJ
Centre for International Governance and Justice (CIGJ), Regulatory Institutions Network (RegNet)
The Australian National University
Canberra, Australia

Visitors


Etienne Henry
Visiting Fellow

Interns

Kieran Pender
Kieran Pender (2017)
Moralising Costs: The High Court, Conditional Grants of Special Leave and Costs Orders in Public Interest Litigation
Lip Yi Chong (2014)
Citizenship and changes to the Australian Passport Law
Katelyn Ewart
Katelyn Ewart (2013)
The availability of Habeus Corpus under s75(v) of the Constitution
Rui Lam
Rui Lam (2013)
The relationship between the law, religion and the culture of public debate in Australia.
Kaushik Ramesh
Kaushik Ramesh (2013)
The impact of the landmark Tasmanian Dams case - 30 years on
Anna Aidman
Anna Aidman (2011)
Inter-governmental relations and the structure and function of the Council of Australian Governments
Alice Rumble
Alice Rumble (2011)
Citizenship issues surrounding deportation of British subjects from Australia; & a submission to the Inquiry into Multiculturalism
Jacqui Field
Jacqui Field (2010)
Allegiance and Identity in a Globalised World
Sarah Bishop (2010)
A state’s extraterritorial obligations to citizens - the impacts of determinations in the United Kingdom (UK) and Canadian courts
Gabrielle Zimnoch (2010)
Facebook: Freedom of Speech and Regulation of Social Networking
Diana Zeleny
Diana Zeleny (2010)
Trailblazing Women and the Law Project

Advisory board

Vicki Parker
Vicki Parker
Deputy Director-General
Justice and Community Safety Directorate
ACT Government
Canberra, Australia
First Assistant Secretary
Attorney General's Department
Canberra, Australia
Senior Legal Adviser
Legal Division
Australian Government Department of Foreign Affairs and Trade
Canberra, Australia
Honorary Professor
ANU College of Law
The Australian National University
Canberra, Australia
Professor William Maley
Professor of Diplomacy
Asia-Pacific College of Diplomacy, ANU College of Asia & the Pacific
The Australian National University
Canberra, Australia
The Hon Justice Melissa Perry
Judge
Federal Court of Australia
Sydney, Australia
The Hon Justice Richard Refshauge
Judge
The Supreme Court of the Australian Capital Territory
Canberra, Australia
Dean
ANU College of Law
The Australian National University
Canberra, Australia

The Centre for International and Public Law produces a range of publications, including an annual yearbook, and a newsletter. Its members also regularly produce publications in the field of international law.

Australian Year Book of International Law

Published since 1965, the Australian Year Book of International  Law is the leading Australian academic journal on international law. It publishes articles on a range of international law topics, including human rights, environmental law and legal theory.

Each volume contains a section on Australian practice in both private and public international law, a summary and analysis of Australian cases in which international law is an issue, as well as a lively book review section.

The Year Book is valuable for those working in the field of international law, including government officials, international organisation officials, non-government and community organisations, legal practitioners, academics and other researchers. It will also be valuable to students studying international law, international relations, human rights and international affairs.

Cambridge University Press Series: Connecting International Law with Public Law

This six book series is a key output from the Centre for International and Public Law. It grew out of a series of workshops that brought together public and international lawyers and policy makers for interdisciplinary discussion on selected topics and themes. 

  • Vol 1: Kim Rubenstein and Jeremy Farrall (eds), Sanctions Accountability and Governance in a Globalised World.
  • Vol 2: Thomas Pogge, Matthew Rimmer and Kim Rubenstein (eds) Incentives for Global Public Health:Patent Law and Access to Essential Medicines.
  • Vol 3: Brad Jessup and Kim Rubenstein (eds) Environmental Discourses in Public & International Law.
  • Vol 4: Mark Nolan, Fiona Jenkins and Kim Rubenstein (eds) Allegiance and Identity in a Globalised World.
  • Vol 5: Hitoshi Nasu and Kim Rubenstein (eds) Legal Perspectives on Security Institutions.
  • Vol 6: Katharine G Young and Kim Rubenstein (eds) The Public Law of Gender: From the Local to the Global.

This series Connecting International Law with Public Law can be purchased from Cambridge University Press.

Federation Press: Law and Policy Papers series

A regular series of papers published co-published with Federation Press that contribute to public understanding and discussion on issues of law and public policy, especially those that are the subject of contemporary public debate. Three papers are published each year, one each on administrative law, constitutional law and international law, written by experts in academia, government, the judiciary and the private legal profession.

The Centre has published 29 papers in this series between 1994 and 2015. For a full list of titles and to access the papers by subscription or individual purchase, see the Federation Press site.

Federation Press: Books

federationpress.com.au T +61 2 9552 2200 marketing@federationpress.com.au

Publications available from CIPL

  • John McMillan and Judith Jones (eds), Public Law Intersections, paper presented at the Public Law Weekend 2000 and 2001, (2003).
  • John McMillan (ed), The AAT: Twenty Years Forward, (1998).
  • Robin Creyke and John McMillan (eds), The Kerr Vision of Australian Administrative Law - At the Twenty-Five Year Mark, (1998).
  • Robin Creyke and Michael Sassella (eds), Targeting, Accountability and Review: Current Issues in Income Support Law, (1998).

If you would like a copy, please contact our administrator on cipl@anu.edu.au or T: +61 2 6125 0454.

Occasional papers

Under the ANU College of Law’s Visiting Scholar Program, the Centre offers two visiting opportunities – one for Judges, and the other for Government visitors.

Judge-In-Residence program

The Judge-in-Residence Program provides an opportunity for judges to enjoy a research intensive period at the College. Judges-in-Residence have the opportunity to be part of the research community, benefitting from, and contributing to, the vibrancy of the College’s research culture.

Government Visitor program

The Centre offers the opportunity for a government officer to enjoy a research intensive period at the College. Government Visitors will pursue a research project while at the College and be willing to draw from, and add to, the intellectual life of the College.

16
Dec
2016
Author(s): Jolyon Ford

Blockbuster movies such as Blood Diamond or Avatar explore corporate responsibility themes in various ways. How might such popular culture products affect the emerging regulatory landscape on business-related human rights impacts and conflict-sensitive business practices? What role might popular culture -- in particular ‘big screen’ movies -- have to play in fostering greater awareness of, and business respect for, these norms and standards? Most scholarship on addressing the governance gap in these areas is directed to ‘supply-side’ factors -- how to design or improve legal, regulatory and policy initiatives. Scholars in the ‘business and human rights’ and ‘business for peace’ fields have focussed relatively little on insights as to the ‘demand side’ -- whether, how and to what extent consumer behaviour may be relevant in driving shifts in business practices or in complementing or demanding governmental action. This working paper explores a possible research agenda on how the nexus of business, human rights and peace is treated in pop culture, and what (if any) significance this might have to the universe of regulatory and other activity in this field. It asks how important pop culture might be in shaping a critical mass of informed consumers, a potentially relevant regulatory resource.

Centre: CIPL
Research theme: Human Rights Law and Policy
04
Jan
2016
Author(s): Kath Hall, Milton C Regan Jr, Georgetown University

This paper examines the growth of transnational governance, and what it means for business lawyers advising multinational corporate clients. The term “governance” incorporates the network of actors, instruments and mechanisms that now govern transnational corporations, separate from the nation state. It is reasonable to expect that lawyers play an important role in advising business clients on how to effectively operate within this system. Indeed, many transnational legal instruments are intended to enhance clients’ business goals by enabling them to engage more efficiently in cross-border commerce. Other forms of regulation, such as human rights regulation, purports to impose requirements on companies that go beyond what is necessary to enhance cross-border commerce. 

In this paper we discuss the transnational governance regime that has arisen to address the adverse human rights impacts of business activities. We focus in particular on the United Nations (UN) Guiding Principles on Business and Human Rights, which were adopted by the UN Human Rights Council in 2011. We ask what if any role is there for lawyers in fostering acknowledgment and fulfilment of these responsibilities among clients? Is the duty to respect human rights a “legal” obligation in any sense? If a lawyer does provide advice, should it encompass only legal risks to the company that fall within the lawyer’s traditionally defined specialized expertise? Or should it go beyond that to include other concerns?

Centre: CIPL

The Centre for International and Public Law offers undergraduate students the opportunity to undertake an internship as part of LAWS4230, a subject which offers selected high achieving students an unparalleled opportunity to carry out a law-based research project in a legal professional workplace. This elective course develops both legal knowledge and a lawyer’s approach to problem identification, analysis and recommendations.

Students should contact the Centre Director to discuss the possibility of undertaking an internship with the Centre. 

Previous interns are listed in our People section, and if you click on their name you can read accounts of their experiences as a CIPL intern.

Updated:  10 August 2015/Responsible Officer:  College General Manager, ANU College of Law/Page Contact:  Law Marketing Team