2018 CENTRE FOR INTERNATIONAL & PUBLIC LAW NEWSLETTER · Centre for International & Public Law 2018...

ANU College of Law

2 0 1 8 C E N T R E F O R I N T E R N A T I O N A L & P U B L I C L A W N E W S L E T T E R

b ANU College of Law

Centre for International & Public Law | 2018 Newsletter c

d ANU College of Law

Centre for International & Public Law | 2018 Newsletter 1

C O N T E N T S

Director’s message 2

Major conferences 4

Flagship public lectures 7

Monthly seminar series 9

International law lunch series 12

Other Lectures, Seminars and Workshops 14

Book launches 20

CIPL Publications 22

Australian Year Book of International Law 22

ANZSIL 22

CIPL Visitor Program 23

Shut-Up-and-Write 23

Student activities 24

Research by Centre members 26

Centre members and doctoral students 34

2 ANU College of Law

D I R E C T O R ’ S M E S S A G E

It is my great pleasure to report on the activities of the Centre for International and Public Law (CIPL).

2018 has been a very busy year for the Centre and its members. We continue to connect with our CIPL community through a range of events. Our flagship annual lectures saw Justice Melissa Perry of the Federal Court of Australia deliver the Annual Kirby Lecture on International Law, speaking on the importance of water management, blending history and domestic and international law perspectives into a wonderfully rich lecture. The Hon Michael Kirby AC CMG was unable to join us this year, but sent his warm wishes through a recorded video message. We were also extremely fortunate to have The Hon Margaret Stone deliver the Twenty-first Geoffrey Sawer Lecture, sharing her unique insights and perspectives on her important role as Inspector-General of Intelligence and Security. These lectures added considerably to the Centre’s intellectual engagement with important current issues of domestic and international law.

Our two-day Public Law Weekend saw a stunning line-up of speakers celebrate administrative law at the ANU Law School, particularly the stellar careers of Emeritus Professors Robin Creyke AO and John McMillan AO. From the mysteries of jurisdictional error to the accountability of automated decision-making, the program was filled with thought-provoking and insightful analyses and reflections by Australia’s leading administrative law jurists, academics and practitioners. A special thanks to Associate Professor Greg Weeks for his hard work in putting the conference program together, and to the student volunteers for assisting with the conference: Madeleine Castles, Sebastian King, Sarah Lim and Jacqueline Turner. We were delighted to have the Australian Government Solicitor join us for the first time as our major sponsor, and extend our sincerest thanks also to the Australian Institute of Administrative Law for its support of the event. We look ahead to the Public Law Weekend next year, and to welcoming back the ANZSIL Conference to Australian shores in 2019.

The Centre’s other major event for 2018 was the second annual International Law Workshop that was run on 8 March and considered two specific issues in the interaction between treaty and custom. We look forward to the third workshop to be held in February 2019, which will focus on ‘international law-making away from the public gaze’.

Our regular events program is highlighted by our monthly seminar series organised in association with the Attorney-General’s Department and the Department of Foreign Affairs and Trade. We value our collaborations with our government partners, and are grateful to Marie-Charlotte McKenna, Kirsten Storey, Katie McBryde, Lauren Burke and Honorary Prof Richard Rowe for their assistance in organising that seminar series. Our events program was rich and diverse again this year, with far too many seminars and lectures to mention here. The details of those events may be found in this Newsletter. I thank in particular CIPL member, Associate Professor Jeremy Farrall,

for organising a number of CIPL events to run in collaboration with the Academic Network of the United Nations Association of Australia.

Our CIPL community is greatly enriched by our Centre visitors. In 2018, Dr Paul Taylor continued work on his Commentary to the International Covenant on Civil and Political Rights. Dr Susan Priest from the University of Canberra spent time with the Centre in the latter part of the year to research archival material from the papers of High Court Justice Richard O’Connor. Dr Julian Wyatt became a CIPL Visitor in September. Dr Wyatt recently returned to Australia after being a long-term resident of Geneva where he worked at the University of Geneva and for a leading international arbitration firm in investor-State disputes and international commercial arbitration. We were also honoured to have a short visit from Emerita Prof Catherine Kessedjian from the University Panthéon-Assas Paris II, who delivered a public lecture on the reform of investor-State dispute resolution. Sadly, we said farewell to Dr Etienne Henry who joined the Centre for 15 months to conduct research into the current challenges to International Law on the Use of Force. The Centre’s members wish him well.

The Centre is fortunate to have so many research active members in international and public law, and their rich body of research is listed at the end of this Newsletter.

In 2018 we welcomed Professor Sally Wheeler OBE to the deanship at the ANU College of Law and as Chair of the Centre’s Advisory Board. I am very grateful for Prof Wheeler’s support of the Centre and its activities. I have benefited considerably from the advice and guidance of the Advisory Board and I thank the Board members for their continuing support: Prof Sally Wheeler OBE (ANU), Chris Moraitis PSM (Attorney-General’s Department), James Larsen (Department of Foreign Affairs and Trade), Louise Vardanega PSM (Australian Government Solicitor), Richard Rowe PSM (Honorary Prof, ANU), Prof William Maley (ANU), The Hon Justice Melissa Perry (Federal Court of Australia) and The Hon Justice Richard Refshauge (ACT Supreme Court).

I am greatly indebted to the Centre’s Deputy Director, Associate Professor Sarah Heathcote, for her considerable contribution to the Centre and its activities. The Centre is served exceptionally well by Sarah Parker in the CIPL Secretariat, and I thank Sarah for her ongoing professionalism and efficiency in organising all aspects of the Centre’s academic program. I also recognise the important contribution made over many years by Claire Atteia, the College’s Design Consultant, to the success of the Centre’s events program. Claire is leaving the College in December. She will be greatly missed.

This will be my last Newsletter as Director of the Centre, with Associate Professor Heathcote to act as Director into the new year. It has been a richly rewarding experience steering the Centre over the last three years and as Acting Director in 2013. CIPL remains the College’s flagship research Centre, directed by an ethos of inclusion, intellectual rigour and debate, engaging the judiciary, academia, government, legal practice, and the broader community. It has a long and bright future ahead.

James Stellios


CIPL Staff

Centre Staff 2018 > Professor James Stellios, CIPL Director

> Associate Professor Sarah Heathcote, CIPL Deputy Director

> Sarah Parker, CIPL Secretariat

Advisory BoardMany thanks to the members of the CIPL Advisory Board for their contribution and guidance over the last twelve months. The direction and support of the Advisory Board has been invaluable in expanding our research and engagement and enhancing CIPL’s activities.

Advisory Board 2018 > Professor Sally Wheeler OBE, Chair

> Professor James Stellios, CIPL Director

> Associate Professor Sarah Heathcote, CIPL Deputy Director

> James Larsen, Department of Foreign Affairs and Trade

> Professor William Maley, Australian National University

> Chris Moraitis PSM, Attorney-General’s Department

> The Hon Justice Melissa Perry, Federal Court of Australia

> The Hon Justice Richard Refshauge, Supreme Court of the ACT

> Richard Rowe PSM, Honorary Professor, Australian National University

> Louise Vardanega PSM, Australian Government Solicitor


M A J O R C O N F E R E N C E S

The ANU Law School has a long tradition of excellence in administrative law scholarship and of engagement with government and the private profession in public law. Its reputation was established by successive generations of administrative law scholars who have taught generations of judges, government lawyers and decision-makers, private practitioners and academics about legal and political accountability of government decision-making.

The Public Law Weekend, hosted by the ANU Centre for International and Public Law, is one of Australia’s pre-eminent public law conferences. This year’s program focussed primarily on administrative law with a special emphasis on celebrating administrative law at the ANU, particularly the stellar careers of Emeritus Professors Robin Creyke AO and John McMillan AO.

Speakers included: the Hon Justice Stephen Gageler, the Hon Justice John Basten, the Hon Justice John Griffiths, the Hon Justice Rachel Pepper, the Hon Justice Janine Pritchard, Gabrielle Appleby, Mark Aronson, Judith Bannister, Will Bateman, Janina Boughey, Lisa Burton Crawford, Robin Creyke, Matthew Groves, Graeme Hill, Leighton McDonald, John McMillan, Dennis Pearce, Kim Rubenstein, Kristina Stern SC, Daniel Stewart and Greg Weeks.

The conference enjoyed the support of major sponsor, the Australian Government Solicitor, as well as the sponsorship of the Australian Institute of Administrative Law.

Public Law Weekend

2–3 November 2018


The interaction between treaty and custom

Dr Sarah Heathcote, ANU College of LawCamille Goodman, PhD Candidate, ANU College of LawJessica Casben, Attorney-General’s DepartmentDr Etienne Henry, CIPL Visiting FellowMarie-Charlotte McKenna, Department of Foreign Affairs and TradeKate Ogg, ANU College of Law

The possible interactions between treaty and custom are generally considered by reference to the well-established framework set out by the International Court of Justice in the North Sea Continental Shelf Cases of 1969; namely, the declaratory, crystallising and generating effects of a treaty (as for a resolution) on a customary rule.

Customary International Law Workshop

8 March 2018

The impact of codification on the time it takes for a customary rule to develop, as well as the nature of the substantive rules that treaty codification might generate are also well canvassed. But other issues relative to the treaty-custom interplay warrant consideration today.

With the International Law Commission focussed on the proper identification of customary international law, and separately on the role of subsequent practice in treaty interpretation, one question that arises is how do we differentiate between what might be practice for the purposes of custom as opposed practice for the purposes of treaty interpretation?

Second, some codification issues stand out as being of particular contemporary relevance, even if they are not new. For instance, in relation to the ever-flourishing field of international investment law, how does one know when and whether an investment treaty operates to derogate from or generate customary rules (‘Baxter’s paradox’). Other issues of codification pose practical dilemmas, such as the out-sourcing of codification projects today.


F L A G S H I P P U B L I C L E C T U R E S

The Annual Kirby Lecture on International Law

20 September 2018

The duality of water: Conflict or co-operation

The Hon Justice Melissa Perry, Federal Court of Australia

Water is key to the existence of life. From the nourishment of our physical selves, to sanitation, health, agriculture, and energy production our existence and way of life depends upon access to adequate and reliable supplies of fresh-water.

Yet population growth, climate change, industrial and agricultural consumption, water pollution, demographic changes, and urbanisation, are contributing to a global fresh-water crisis. These stressors in turn have created a real and increasing risk of conflict not only over control of water sources, but also for equitable access to fresh-water, and through vulnerability to attacks on water systems as a weapon of war or terror.

While their intensity and scale have varied, these risks have confronted integrated state systems since antiquity. Themes of universal relevance to inform the international responses can be drawn from classical Greek systems of water management and for the pacific settlement of disputes. Using ancient history to illuminate the issues of today, the lecture explored principles of

international law as they relate to fresh-water resources and the mechanisms by which water may be a cause for co-operation as opposed to conflict.

Justice Melissa Perry was appointed to the Federal Court of Australia in 2013. Her Honour graduated in Law from Adelaide University with 1st Class Honours, and was awarded a prize-winning PhD in public international law from Cambridge University. She practiced at the Bar in Australia from 1992 to 2013, being appointed Queen’s Counsel in 2004, and was admitted to the Bar of England and Wales in 2012.

Her Honour’s areas of expertise in practice included environmental law, native title, constitutional law, and international law. Justice Perry serves as a Squadron Leader with the Royal Australian Air Force Legal Specialist Reserves. She is also a member of the Judicial Council on Cultural Diversity and chaired the specialist committee which prepared the Recommended National Standards for Working with Interpreters in Courts and Tribunals (2017).

Among other roles, her Honour is a Fellow and former director of the Australian Academy of Law, and a member of the advisory boards for the Centre for International and Public Law (ANU), the Gilbert + Tobin Centre of Public Law (UNSW), and the Research Unit for Military Law and Ethics (University of Adelaide). Her Honour recently co-edited Australian Native Title Law (2nd ed) (2018).


Eyes on the spies: Why and how?

The Hon Margaret Stone FAAL, Inspector-General of Intelligence & Security

Over the centuries, governments, whether royal sovereigns or sovereign states, have relied on spies to reinforce their power and security.

In a liberal democracy such as Australia, there is inevitable tension between the formidable powers of the intelligence agencies and the protection of civil liberties, such as individual privacy, and religious, political and intellectual freedoms. The challenge faced by intelligence agencies in meeting diverse and complex threats whilst respecting the proper bounds of government encroachment is greater than ever before.

The lecture explored the legal and ethical framework in which the Australian Intelligence Community operates, the oversight of those operations and the structural and cultural features essential to success.

21st Annual Geoffrey Sawer Lecture 2018

1 November 2018

The Hon Margaret Stone was appointed as Inspector-General of Intelligence and Security in 2015. From 2000 to 2012 she was a judge of the Federal Court of Australia, prior to which she was a partner in the commercial law firm, Freehill Hollingdale & Page (now Herbert Smith Freehills). Between December 2012 and August 2015 she was Australia’s first Independent Reviewer of ASIO’s Adverse Security Assessments.

Her career also included 15 years in the Law Faculty of the University of New South Wales where she is now an adjunct professor. She is a foundation fellow of the Australian Academy of Law and holds degrees from Yale University, the University of Sydney and the Australian National University.


M O N T H LY S E M I N A R S E R I E S

February (hosted by AGD)Peace amongst public and private players

> Judith Levine, Senior Legal Counsel, Permanent Court of Arbitration in the Hague

Over the course of the 20th century, the PCA’s mandate evolved to handle disputes involving a mix of private and public parties. Its docket today includes State to State disputes, over 80 cases between foreign investors and host States under bilateral and multilateral investment treaties, and around 50 cases under a variety of agreements involving individuals, companies, State-owned enterprises, States and IGOs.

PCA Senior Legal Counsel, Judith Levine, reflected on some of the key developments in this evolution, including the boom in investment treaty arbitrations, the first intra-State arbitration (Abyei); the first UNCLOS arbitrations involving non-participating respondents and non-party participants (Arctic Sunrise and South China Sea); the first conciliation under UNCLOS (Timor Sea); the first publicly known business and human rights arbitrations (Bangladesh Accord); and a growing number of disputes stemming from the global threat of climate change. In the context of this recent PCA experience, she reflected on how arbitration is adapting to address expectations of efficiency and legitimacy.

March (hosted by ANU)Hague Choice of Court Convention and Judgments Project update

> Melissa Ford, Commonwealth Attorney-General’s Department

> Paul Taylor, CIPL Visiting Fellow

Both Melissa and Paul have served on delegations to the Hague Conference on Private International Law and in this seminar provided an update on:

– the Hague Convention of 30 June 2005 on Choice of Court Agreements, now attracting ratifications at a quickening pace with significance for Australia, and

– the Hague ‘Judgments Project’, which began in 1992 and is heading towards its conclusion to establish a broader set of common rules on the recognition and enforcement of foreign judgments.

Both initiatives aim to meet the difficulties presented by the fragmented operation of national rules, but with differing degrees of ambition.

In partnership with the Attorney-General’s Department and the Department of Foreign Affairs and Trade, the Centre for International and Public Law held a very successful series of Monthly Seminars. Covering a range of contemporary and topical public and international law issues, the 2018 seminars featured speakers from the public sector, academia and international organisations.


April (hosted by AGD)The International Committee of the Red Cross: Operations to Law

> Leonard Blazeby, Head of Mission – ICRC Canberra

Leonard Blazeby is the Head of the ICRC’s Mission in Australia, leading a team working with the Australian government, the Australian Defence Force, think tanks, academics and the media to foster a greater understanding of the ICRC and its global operations, and engage in a dialogue on international humanitarian law and humanitarian issues.

This seminar saw Leonard discuss the mandate of the ICRC, how the ICRC works in the field and in the realm of international law, and why is it useful to understand the ICRC and its work.

May (hosted by ANU)Budget and policy analysis for gender equality

> Miranda Stewart, Fellow at the Tax and Transfer Policy Institute, Australian National University and Professor at Melbourne Law School

Professor Stewart presented on the effects of budgets and public policy for gender equality, with a particular focus on tax and social policy and the impact on wellbeing of women and families. The presentation covered new research on the position of women at the top and bottom of the income distribution and discussed how tax and social policy intersect to produce unequal outcomes. The talk also considered how we can best incorporate a gender equality analysis into budget and policy processes.

August (hosted by DFAT)Prospects for a new convention on the prevention and punishment of crimes against humanity

> Sean Murphy, Manatt/Ahn Professor of International Law at George Washington University Law School

In 2014, the UN International Law Commission embarked on the drafting of articles for what may become a new Convention on the Prevention and Punishment of Crimes against Humanity. In 2017, the Commission completed a first draft of the project, consisting of a preamble, fifteen articles, and an annex, with commentary.

After receiving views from governments and other actors, the Commission is expected to complete the final draft of the project in 2019, at which point it will be submitted to the UN General Assembly.

The Commission’s Special Rapporteur for the project, Professor Sean Murphy, addressed the need for a new convention, the content of the draft articles, and the prospects for a successful outcome for the initiative.


October (hosted by ANU)The suffering of female victims and the criminalisation of gendered family and domestic violence in the Northern Territory

> Dr Sarah Holcombe, Senior Fellow, University of Queensland and Visiting Fellow at Australian National University

The criminalisation of gender violence, though enormously important in validating women’s rights as human rights, has had particular and unintended effects in Aboriginal communities. In Alice Springs, Aboriginal women are known as ‘non-compliant’ and often discouraged from attending court by the prosecutors of domestic violence cases; being regarded as a hindrance to proceedings.

This seminar explored some of the intersections between legal rights, local perceptions of social justice, and gender violence. Spousal or intimate partner violence exposes multiple sites of articulation with formal rights via the legal system while revealing, often in contradistinction, Aboriginal (Anangu) responsibilities in customary terms. By exploring the inter-subjectivity in these familial encounters, this seminar makes ethnographically visible why Aboriginal women tend to be ‘bad victims’ and why framing violence against women solely as a criminal issue, rather than a civil rights, human rights or public health issue, narrows the framework for understanding the scope, causes, consequences and remedies for violence against women. The seminar ultimately addressed the question; does the criminalisation of gendered family and domestic violence in the NT reduce the suffering of female victims?

November (hosted by AGD)Incremental, systemic, and paradigmatic reform of investor-State dispute settlement

> Associate Professor Anthea Roberts, School of Regulation and Global Governance

The legitimacy of investor-State dispute settlement (ISDS) has come under fire due to cases like Philip Morris’s challenge of Tobacco Plain Packaging. However, States have not (yet) converged on which reforms to pursue. Three main camps have emerged to date: incrementalists; systemic reformers; and paradigm shifters.

Against this backdrop, the United Nations Commission on International Trade Law (UNCITRAL) gave one of its working groups a mandate to investigate the possible reform of ISDS. This talk by an academic member on Australia’s delegation to UNCITRAL analysed these reform dynamics in light of the strategies and risks of the different reform champions, as well as those of States that are currently sitting on the fence.


I N T E R N A T I O N A L L A W L U N C H S E R I E S

FebruaryInternational Law and the High CourtPart 1: The constitutional framework and theoretical foundations

> Dr Christopher Ward SC, Adjunct Professor, ANU College of Law

This discussion considered the constitutional framework within which international law can be brought before the High Court of Australia, the early consideration by the High Court of international law issues, and the development by the High Court of a uniquely Australian approach to the concepts of monism and dualism.

MarchInternational Law and the High CourtPart 2: The practical applications of international law before the High Court

> Dr Christopher Ward SC, Adjunct Professor, ANU College of Law

Following on from the first discussion, this talk considered some particular topics of international law that have been raised before the High Court of Australia, including human rights, extradition, self-incrimination and extraterritorial criminal law and State and diplomatic immunities.

AprilInterpreting international law with a special focus on international trade and investment schedules

> Dr Sarah Heathcote, Associate Professor and Deputy Director, Centre for International and Public Law, ANU College of Law

> Simon Brinsmead, Senior Legal Office, Office of International Law, Attorney-General’s Department

After a survey by Sarah of the various methods of interpretation, whether of treaty instruments or different types of unilateral acts, Simon discussed interpretation within the context of International Trade and Investment Law, focussing on the interpretation of services commitments in the WTO Agreement and of investment and services commitments in preferential trade agreements. Whilst the cases revealed a painstaking application of the general interpretive principles outlined in Articles 31 and 32 of the 1969 Vienna Convention, broader normative insights may also be warranted from customary international law principles concerning the interpretation of unilateral acts.

Building on the successful launch of the International Law Lunch series in 2017, the Centre followed up with a vibrant series in 2018, with attendees treated to lunch-time seminars on current issues in international law. CIPL is grateful to the Attorney-General’s Department and the Department of Foreign Affairs & Trade for allowing CIPL to use their premises for these events.


MaySome reflections on regional maritime confidence building activities

> David Letts, Associate Professor, ANU College of Law

At present there are a number of confidence building measures underway, led by different organisations, that seek to address regional tensions in the maritime domain in South East Asia. During this presentation David outlined three of the projects he has been involved with during the past few years and highlighted the key characteristics of each, assessed their success/failure and speculated on prospects for the future.

AugustLeveraging power and influence on the UN Security Council: The role of elected members

> Dr Jeremy Farrall, Associate Dean (Research), ANU College of Law

In this seminar, Jeremy presented initial findings from a 5-year Australian Research Council Discovery Project on why and when non-permanent Security Council members have succeeded in influencing the Council’s decision-making process, despite lacking the veto power.

OctoberIslands, statehood, archipelagic states and their entitlements

> Professor Donald R Rothwell, ANU College of Law

The status of islands and their peoples has raised a series of issues for international law over time. From the 1921 Aaland Islands case to the current Chagos Archipelago Advisory Opinion, islands and their peoples have occupied governments, the League of Nations, the United Nations, and international courts and tribunals. Self-determination for island peoples remains a live issue in international law which Australia is familiar with given its history with Papua New Guinea and Nauru, and external territories such as Norfolk Island. In 2018 a self-determination referendum was held in New Caledonia which if successful would have impacted upon the legal landscape of the region. This paper revisited some of these modern challenges faced by international law with respect to the status of islands and islanders. Attention was given to the significance of independent island States to declare themselves as ‘archipelagic States’ under the 1982 United Nations Convention on the Law of the Sea and the implications this has for maritime entitlements and maritime boundaries.


O T H E R L E C T U R E S , S E M I N A R S A N D W O R K S H O P S

14 MarchHigh Court judges and political loyalties

In association with the United Nations Association of Australia

> Dr Raul Sanchez-Urribarri, La Trobe University

What are judicial loyalties, and how do they condition the exercise of judicial power? This talk explored the informal dimension of judicial politics and its implications for our understanding of judicial power in weakly institutionalised democracies.

It further explored how loyalty commitments influence judicial behaviour, particularly in politically important cases, and reflected on the complex relationship between the presence and pervasiveness of informal connections between judges and politicians and the rise of judicial power, especially in Latin America.

The paper also discussed the research strategy employed by the speaker to investigate these issues in Venezuela, across different types of regime, with special attention to the Supreme Court during the late democratic period (1989-1998), and after the onset of Chavismo (post-1999). Finally, the paper considered the challenges associated with exploring informal judicial dynamics in comparative perspective.

15 MarchThe Federal Court and the Constitution

> Professor James Stellios, Director, Centre for International and Public Law, ANU College of Law

> Professor William Gummow AC, ANU College of Law and Sydney Law School

At its inception, the role of the Federal Court in the development of constitutional law was not entirely clear, nor was its relationship to other courts such as the High Court and the State Supreme Courts.

Forty years on, the Federal Court has come to play a significant role, as explained in a joint paper by Federal Court Justice John Griffiths and ANU Law Professor James Stellios. Justice Griffiths presented the paper at a conference in Sydney last year to mark the 40th anniversary of the Federal Court, Professor Stellios presenting it in Canberra under the auspices of the Australian Academy of Law and with the support of the Australian Association of Constitutional Law.

Former High Court and Federal Court Justice Professor William Gummow AC, provided comment on the paper.

19 AprilThe Trump Muslim ban: Litigating international human rights before US courts

In association with ANU Law Reform & Social Justice

> Professor Aaron Fellmeth, Sandra Day O’Connor College of Law, Arizona State University

Immediately after assuming office, President Donald Trump issued blanket suspensions on immigration from seven Muslim countries, including refugees, valid visa holders, and lawful permanent residents. A series of legal challenges ensued, resulting in restraining orders against the bans and prompting Trump to revise the bans twice.

In his lecture, Professor Fellmeth explained the Trump Muslim Ban, the litigation surrounding it, and how these fit into the larger problem of U.S. legislative, executive, and judicial marginalization of international human rights law.


26 AprilGender dilemmas in stabilisation missions: the NATO ISAF mission and the practice of bacha bazi


> Associate Professor Susan Harris-Rimmer, Griffith Law School

Dr Harris-Rimmer’s paper analysed the layers of legal protection in post-conflict Afghanistan for sexual assault by Afghan armed forces, with a focus on US, Canada, The Netherlands and Australian forces as part of ISAF. The paper surveyed the organisational and policy changes related to gender equality since 2001. It demonstrates that gender issues inherent in the Afghan intervention were not properly understood and to this day were poorly responded to, due to the culmination of four’ blind spots’ in human rights law, military law and IHL.

14 MayThe Timor Sea conciliation

> H.E Abel Guterres, Ambassador Extraordinary and Plenipotentiary of Timor-Leste

> Amelia Telec, Senior Lawyer, Australian Government Solicitor

> Justin Whyatt, Assistant Secretary, Transnational and Sea Law Branch, Department of Foreign Affairs and Trade

On 6 March 2018, Australia’s then Minister for Foreign Affairs, the Hon Julie Bishop MP, and Timor-Leste’s Minister in the Office of the Prime Minister for the Delimitation of Borders and the Agent in the Conciliation, His Excellency Mr Hermenegildo

Pereira, signed the Treaty Between Australia and the Democratic Republic of Timor-Leste establishing their maritime boundaries in the Timor Sea. The treaty was the result of the first ever compulsory conciliation under Annex V of the UN Convention on the Law of the Sea. It represented a landmark in dispute resolution under UNCLOS and marks a new chapter in the relationship between the two countries.

21 MaySyria, chemical weapons and international law

> Dr Jeremy Farrall, Associate Professor, ANU College of Law

> Dr Phillip Drew, Associate Professor, ANU College of Law

> Jane McCosker, Senior Legal Officer, Office of International Law, Commonwealth Attorney-General’s Department

> Dr Etienne Henry, Fellow, Swiss National Science Foundation and CIPL Visiting Fellow, ANU College of Law

The 14 April 2018 military strikes against Syria by France, the United Kingdom and the United States in response to the use of chemical weapons by the Assad regime raised a number of issues of international law. This panel of international law specialists considered some of these; specifically, the roles of both the United Nations Security Council and the Organization for the Prohibition of Chemical Weapons (OPCW), as well as issues of international criminal law, and the prohibition on the use of force and its exceptions.

19 JuneDefining ‘disaster’: exploring the boundaries of international disaster law

> Dr Marie Aronsson-Storrier, University of Reading


Focusing particularly on the requirement of an event ‘seriously disrupting the functioning of society’, this seminar explored what this requirement can tell us about the management of disruption across legal and political boundaries. Unpacking the emerging international legal definition of Disaster through the lens of sanitation, the seminar further considered the extent to which it excludes the everyday suffering of already marginalised members of society, which in turn illuminates the limits of and relationship between human rights, development, and disaster management discourses.

5 JulyThe role of international human rights law in the prevention of ethnic conflicts

> Dr Fernand de Varennes, United Nations Special Rapporteur on Minority Issues

It is sometimes forgotten that one of the premises of the United Nations’ Universal Declaration of Human Rights is that it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law.

This presentation contextualised why international human rights are acknowledged as an important dimension to addressing the prevention against tyranny and oppression, and demonstrate the link between human rights standards and the prevention of ethnic conflicts in more modern contexts, with concrete references to recent situations in the Asia-Pacific region. It also examined a few of the UN’s efforts in the area of conflict prevention.

24 JulyAustralia’s role within the international refugee protection system: lessons, challenges and opportunities

In association with the United Nations High Commissioner for Refugees and ANU Law Reform & Social Justice

> Thomas Albrecht, Regional Representative, UNHCR Regional Representation in Canberra

Australia was a founding signatory of the 1951 Refugee Convention which remains the cornerstone of international protection for displaced persons. Almost 70 years later, while the Convention has proved adaptable to modern conflicts and challenges, there remains an imperative for Australia to also uphold these principles and standards domestically. UNHCR Regional Representative, Mr Thomas Albrecht, discussed key recent developments and positive examples worldwide, as well as the impact and implications of Australia’s Operation Sovereign Borders in the context of ‘offshore processing.’

26 JulyNew respect for old rules: turning traditional rules of warfare into modern law in PNG’s Highlands

In association with the International Committee of the Red Cross

> Ahmad Hallak, Deputy Head of Mission Papua New Guinea, International Committee of the Red Cross

> Bal Kama, PHD Candidate, ANU College of Law


In June 2018, 36 councillors from the Western Highlands Province of PNG signed agreements to respect and implement 15 traditional rules of fighting, transforming these documents into local Government laws.

The laws are drawn from traditional rules of warfare in the Highlands and mirror fundamental principles of international humanitarian law. They include prohibitions against the destruction of public infrastructure and the targeting of civilians or neutral tribes, and call for respect for women, children and health-care providers. The signing ceremony marked the culmination of over 18 months of discussions between tribal leaders and provincial authorities, facilitated by the ICRC’s Mission in PNG.

This lecture discussed these laws and how the ICRC is working in different stages to replicate this success in other provinces.

PhD candidate Bal Kama provided a response and generated discussion.

30 JulyIs the UN fit for purpose? The challenge of uniting nations in divisive times


> David Malone, Rector of the United Nations University

In this Distinguished Visitor Public Conversation, David Malone, Rector of the United Nations University and renowned United Nations practitioner and analyst, shared his insights on the strengths and weaknesses of the UN system and the many challenges it currently faces, including maintaining international peace and security, reinforcing the rules based international order, and promoting the Sustainable Development Goals.

8 AugustConversations About: Becoming a Judge’s Associate

> Will Bateman, ANU College of Law

> Pauline Bomball, ANU College of Law

> Stephen Priest, Department of Infrastructure, Regional Development and Cities

> Jennifer Darmody, King & Wood Mallesons

> Radhika Chaudhri, ANU College of Law

Becoming an Associate to a Judge is very competitive and highly coveted. Five ANU Law alumni shared their experiences of working as Associates at the High Court, Federal Court and the Supreme Courts of the ACT and NSW.

21 AugustTech and the public sector: reality check

> Dr Julia Powles, New York University School of Law

> Will Bateman, ANU College of Law

Artificial intelligence and automation have been spruiked as critical parts of public sector reform. Public health bodies, social security departments and tax agencies have jumped at the opportunity to adopt automated and datadriven systems as replacements for human administrators. The planning and functioning of cities, law enforcement and judicial decision-making have also been targeted as ripe for reform using AI.

Behind the hype, a complex picture emerges, involving issues of privatisation, privacy, accountability and technological capability that are overlooked or concealed in the push to automate government. It’s time for public sector tech to get a reality check.


23 AugustWither academic freedom in Thailand? The criminal case against Dr Chayan and four others

Presented by the Department of Political & Social Change, ANU College of the Asia & the Pacific, in association with the Centre for International & Public Law

> Dr Craig Reynolds, Honorary Professor, School of Culture, History and Language, ANU College of the Asia and the Pacific

> Professor Anthony Connolly, ANU College of Law

> Sarah Bishop, PhD Candidate, ANU College of Law

The criminal trial of a senior Thai academic along with four others that commenced this July 2018 has thrown a sharp spotlight on conditions in Thailand’s universities since the military seized government there in 2014.

What does this criminal case indicate about the state of academic freedom under military dictatorship in Thailand today? What part can scholars abroad, including in Australia, play in supporting embattled counterparts in Thailand? The speakers at this roundtable addressed these questions, and also discussed and welcomed audience members’ ideas on the role of the Australian university in response to threats to academic freedom at home and overseas, with special reference to the recent ANU Statement on Academic Freedom.

27 AugustThe reform of investor-State dispute resolution: challenges and prospects

> Catherine Kessedjian, Professor Emerita of the University Panthéon-Assas Paris II

The UNCITRAL has launched negotiations for the reform of investor-State dispute resolution to address States’ concerns over a process that they feel has gotten out of hand. Professor Kessedjian reflected on some of the criticisms and discussed what solutions could be crafted to address them.

10 SeptemberStrengthening human rights accountability


> Dr Annemarie Devereux

Ensuring accountability for human rights violations is a central tenet of the international human rights framework. Strong statements concerning accountability, in particular calls for the investigation and prosecution of those responsible for gross violations of IHRL and serious violations of IHL amounting to crimes under international law, are to be found in inter alia, Security Council deliberations and resolutions, as well as those of specialised human rights bodies.

Despite some heartening advances, particularly in the field of international criminal justice, significant challenges to achieving accountability remain. In this discussion, Dr Devereux analysed some of the recent initiatives at the international level to address


the ‘accountability deficit’, with particular reference to responses to violations committed in Syria. She also asked questions about broadening our understanding of ‘accountability’ in order to fully realise intended human rights outcomes and reflect accountability’s individual and collective elements.

4 OctoberBringing order to the final frontier: Space and the rules based on order.


> Frances Adamson, Secretary, Department of Foreign Affairs and Trade

> Professor Anna Moore, Director of the Advanced Instrumentation and Technology Centre (Mount Stromlo Observatory)

> Professor Sally Wheeler OBE, Dean of the ANU College of Law

In this distinguished Public Lecture, co-sponsored by the United Nations Association of Australia and the ANU Centre for International and Public Law, Frances Adamson, Secretary of the Department of Foreign Affairs and Trade, discussed the need to extend the rules-based international order to Space. The Australian Government’s 2017 Foreign Policy White Paper predicts that Australia’s economic and security interests in Space will increase considerably in coming decades. This will create exciting opportunities, but it will also present risks. As the White Paper warns, ‘potential adversaries’ might exploit Space to ‘threaten our defence networks’ and ‘obtain sensitive information about our security’. The Paper thus stresses the need for ‘robust rules and norms’ to maximise opportunities and minimise the risks of increased access to Space.

Following the lecture, Professor Anna Moore and Professor Sally Wheeler reflected on the regulatory challenges posed by increased access to Space.

10-14 December Cyber Law International Workshop

In the week of 10-14 December, CIPL was delighted to host a DFAT sponsored training course for Pacific countries on the application of international law in cyber operations. The course was delivered by Cyber Law International. The group was welcomed by Australia’s Cyber Ambassador, Dr Tobias Feakin and attendees also included a representative from the Dutch Ministry of Foreign Affairs.

11 DecemberAn Archival prelude to original Australian High Court Justice Richard Edward O’Connor, 1851-1912

> Dr Susan Priest, University of Canberra

On December 11 2018, Dr Susan Priest, as a Visiting Fellow to CIPL, presented her paper as a lunch time seminar, ‘An Archival prelude to original Australian High Court Justice Richard Edward O’Connor, 1851-1912’. The presentation focused on the contents of a little known collection of archival materials known as the O’Connor Papers located in the NLA. Susan addressed the absence of an extensive and detailed biography on Justice Richard O’Connor to-date and used the findings of her research, based on these papers, to reveal some unique and original insights into the extraordinary contributions Justice O’Connor’s life made to both the politics and law in colonial NSW and the first decade of a newly formed Australian Commonwealth.


B O O K L A U N C H E S

Launched by The Honourable Robert French AC, Distinguished Honorary Professor at ANU College of Law and former Chief Justice of the High Court of Australia.

What do constitutional interpretation and legal education have in common?For one thing, they share the same tension between theory and practice, between form and substance, between process and outcomes, between constancy and change, and between local and comparative perspectives. Each also has a substratum of fundamental underlying values that demand, but do not always receive, clear articulation. For another thing, they have both been the subject of illuminating examination by Michael Coper over the course of a long and distinguished career.

An extraordinary group of authors, including Justice Stephen Gageler, the Hon Michael Kirby AC and Sir Anthony Mason, come together in this book to celebrate Coper’s achievement, and take his various contributions as a jumping off point for their own further scholarly insights. From the gripping story

of the revolution that swept away the old law on section 92 of the Constitution, to the endemic conflict in the judicial process between legalism and realism, to the never-ending controversy about the Dismissal, to perceiving the world and organising legal knowledge in new ways through biography and oral history, to the role of educators in shaping the views and values of newcomers to this knowledge, this book contains over a dozen sparkling essays by some of Australia’s most renowned and respected lawyers, as well as a substantial reflective commentary by Michael Coper himself.

Encounters with Constitutional Interpretation and Legal Education: Essays in honour of Michael CoperEdited by James Stellios and published by the Federation Press

In December 2016, the Centre hosted a conference in honour of Prof Michael Coper AO. A collection of papers from that conference, edited by Prof James Stellios, was published by The Federation Press in early 2018, and the Centre was greatly honoured to have the book launched by the Hon Robert French AC, Distinguished Honorary Professor at the ANU and former Chief Justice of the High Court.


During the Public Law Weekend, the Centre was also delighted to host the launch of two leading administrative law books.

Interpretation Acts in AustraliaDennis Pearce, published by LexisNexis Butterworths 2018

> This book is a companion to the author’s widely used and frequently cited Statutory Interpretation in Australia.

Control of Government Action: Text, Cases & Commentary, fifth editionRobin Creyke, Matthew Groves, John McMillan and Mark Smyth. Published by LexisNexis Butterworths 2018

> This highly-respected work provides comprehensive coverage of the legal controls on government decision-making in each Australian jurisdiction, supported by legislation, case extracts and commentary.

The Centre is greatly indebted to the Hon Justice Stephen Gageler AC, High Court of Australia, for launching both books.


C I P L P U B L I C A T I O N S

Although first established as a court of limited jurisdiction, the Federal Court’s jurisdiction now touches on almost every aspect of Australian law, and its impact on the development of legal principles and Australian society has been considerable. This unique collection offers an invaluable resource on the history of the Court, its place in the legal landscape, its many contributions across the broad array of public, private and procedural law and its emerging areas of jurisdiction.

A U S T R A L I A N Y E A R B O O K O F I N T E R N A T I O N A L L A W

CIPL publishes the Australian Year Book of International Law which includes articles on a range of international law topics, discusses Australian practice in international law, includes a summary and analysis of Australian cases in which international law was an issue each year, and features a section of book reviews. The current editors are Professor Donald R Rothwell, Associate Professor Matthew Zagor and Dr Imogen Saunders.

Orders are being taken for Volume 36 which is now in production and due to be published in early-mid 2019.

Volume 35 is now available and can be ordered online:

> aybil.law.anu.edu.au

For back issues, bulk orders and general enquiries, please email:

> [email protected]

A N Z S I L

During 2018, CIPL served as the Secretariat for the Australian and New Zealand Society of International Law. CIPL members are active supporters of ANZSIL’s activities including ANZSIL’s annual conference, the work of its three interest groups, and its publications, including Perspective, a series of short commentaries on international law matters of relevance to ANZSIL members. CIPL Deputy Director Sarah Heathcote serves on ANZSIL’s governing body, the ANZSIL Council. The 27th Annual Conference will be held in Canberra 4 – 6 July 2019.

The Federal Court’s Contribution to Australian Law: Past, Present and Future

Edited by Pauline Ridge and James Stellios and published by the Federation Press

In September 2017, CIPL and the Centre for Commercial Law held a conference to mark the 40th Anniversary of the Federal Court of Australia. The papers from that conference have now been published by The Federation Press. The collection brings together current and former Federal Court Justices, and leading academics and practitioners to consider the Federal Court’s past, present and future contributions to the development of Australian law.


C I P L V I S I T O R P R O G R A M

In 2018, Dr Paul Taylor continued work on his Commentary to the International Covenant on Civil and Political Rights.

Dr Susan Priest from the University of Canberra spent time with the Centre in the latter part of the year to research archival material from the papers of High Court Justice Richard O’Connor.

Dr Julian Wyatt became a CIPL Visitor in September. Dr Wyatt recently returned to Australia after being a long-term resident of Geneva where he worked at the University of Geneva and for a leading international arbitration firm in investor-State disputes and international commercial arbitration.

We were also honoured to have a short visit from Emerita Prof Catherine Kessedjian from the University Panthéon-Assas Paris II, who delivered a public lecture on the reform of investor-State dispute resolution.

Sadly, we said farewell to Dr Etienne Henry who joined the Centre for 15 months to conduct research into the current challenges to International Law on the Use of Force. The Centre’s members wish him well.

S H U T- U P - A N D -W R I T E

In 2017 CIPL began sponsoring a weekly ‘Shut-Up-and-Write’ session for the ANU College of Law’s Higher Degree Research (HDR) students. Held every Friday from 9am – 5pm, PhD candidates are given a common space in which to engage in intensive research and writing sessions. These sessions are also open to faculty, with a view to promoting interaction between all ANU College of Law researchers.


S T U D E N T A C T I V I T I E S

Leslie Zines Constitutional Law Scholarship

Centre members congratulate Juris Doctor student Christopher Skoglund who has been awarded the 2018 Leslie Zines Constitutional Law Scholarship.

The Leslie Zines Scholarship will be offered on an annual basis by the ANU Law School in association with the Commonwealth Attorney-General’s Department. The Scholarship will support an ANU Law student to undertake a summer internship in the constitutional law sections of the Department. Funding for the award has been provided from the Leslie Zines Endowment, established in memory of Professor Leslie Zines AO, a former Dean of the ANU Faculty of Law and one of Australia’s leading constitutional law scholars.

The inaugural scholarship was awarded to Catherine Bladen who spent five weeks in the Office of Constitutional Law at the Attorney-General’s Department and five weeks at the Office of General Counsel at the Australian Government Solicitor.

The Centre acknowledges the continuing support for the internship provided by the Commonwealth Attorney-General’s Department.

ACT Constitutional Convention26–27 July

Each year, CIPL members and ANU law students participate in the ACT Constitutional Convention organised by the ACT Legislative Assembly for secondary students. In 2018, Dr Ryan Goss gave a presentation introducing the secondary school students to the Australian Constitution, and Will Bateman and Andrew Henderson chaired sessions considering a proposal to amend the Constitution to give the Commonwealth Parliament wider power over the environment. ANU students assisted and guided the secondary school students in their deliberations. This is an important outreach event for CIPL members, and many thanks go to the student volunteers: Eloise Gordon, Alfred Hearn, Elizabeth Newman, Jason Pover, Eloise Ridley, Sellamma Sundaramoorthy, Peter Subramaniam and Joyce Zhang.

Student involvement with Public Law WeekendCIPL also offers opportunities for ANU law students to be involved in our major conferences. This year, students assisted with the running of the Public Law Weekend. CIPL members extend their sincerest appreciation for the hard work of Madeleine Castles, Sebastian King, Sarah Lim and Jacqueline Turner.


Student internshipsANU Law students are offered the opportunity to undertake an internship period with the Centre, researching under the supervision of a centre member. In 2018, Matthew Faltas undertook a research project under the supervision of Dr Heather Roberts.

Matthew Faltas

My law internship paper explored the institutional functioning of the office of Chief Justice in Australia. Academic and judicial discussion on the the Chief Justice mantle primarily focusses on their institutional ‘figurehead’ role. However, the mantle encompasses a variety of roles that are important, overlapping and yet overlooked in the literature. My research discovered that Chief Justices may take on roles as ‘public educators’, ‘liaisons’ with the media and the profession and ‘gatekeepers’ to the Senior/Queen’s Counsel role and by extension, the judiciary. An analysis of changes in audience and mediums of communication illuminated differences in how previous mantle holders have perceived and subsequently undertaken these roles. Finally, my explorative case study into Warren CJ sought to highlight how her gendered experiences have impacted her performance of various roles (e.g. her emphasis on promoting gender equality within the profession).

My internship with the Centre of International and Public Law at ANU has been the highlight of my university experience thus far. Having access to one of the few experts in judicial biography was a tremendous opportunity for me, as it allowed me to delve into an area I was particularly eager to explore. I would like to express my profound gratitude to Dr Heather Roberts (internship supervisor) and Dr James Prest (internship coordinator) for providing me with this opportunity and for their invaluable support during the research process.

Sir Harry Gibbs Constitutional Law MootHannah Dawson, Madhav Fisher and Keira Germech

This year Hannah Dawson, Madhav Fisher and Keira Germech represented the Australian National University at the Sir Harry Gibbs Constitutional Law Moot. Hosted by the Melbourne University Law Students’ Society and sponsored by the Australian Government Solicitor, the Gibbs Moot was a whirlwind weekend of dispensing with formal citations, thinking on our feet, and lots of coffee (fortunately, it being Melbourne, the coffee was excellent).

Dr Stephen Donaghue QC wrote the 2018 moot problem, which focused on two distinct issues, each recently the subject of argument before Australian appellate courts. The first question concerned whether a restriction on social media breached the implied freedom of political communication. The second concerned whether a body created by a State legislature was a ‘court of a State’ within the meaning of s 77(iii) of the Constitution, so as to be capable of being invested with and exercising federal jurisdiction.

The opportunity to engage with complex legal issues and compete against some of Australia’s brightest constitutional law students was deeply rewarding. Over the course of the weekend we felt that our confidence and advocacy skills improved remarkably, as did our knowledge of the law surrounding the issues in contention. This year’s well-deserving finalists were the University of Western Australia and the University of Sydney, who competed for the top spot at the Federal Court in Melbourne before the Hon. Justices Virginia Bell, AC, Pamela Tate and Karin Emerton.

Interacting with students from other law schools and lawyers from a diverse range of practise areas forced us to think left-of-field to match the skills of our competitors, and to meet the expectations of the judges. We are very grateful to have had the opportunity to compete, and for the assistance from our professors and fellow-students that we received along the way. The Gibbs Moot was a rigorous, exciting undertaking that we would recommend to any future law students eager for a challenge.


R E S E A R C H B Y C E N T R E M E M B E R S

The following is not a comprehensive list, but represents a significant range of contributions made by CIPL members in 2018.

Will Bateman8 March: Published chapter entitled ‘Comparative Constitutional Law’ with the Hon Justice Stephen Gageler AC of the High Court of Australia in The Oxford Handbook of the Australia Constitution (2018, Oxford University Press).

8 August: CIPL presentation on Falzon v Minister for Immigration and Border Protection [2018] HCA 2.

21 August: Promoted, hosted and chaired public event with Dr Julia Powles: ‘Tech and the Public Sector: Reality Check’.

3 November: Presented at the Public Law Weekend on automated systems and administrative law doctrine: ‘Automatic Public Law’.

2 major citations by senior courts in Australia and New Zealand:

> My work with James Stellios on constitutional dimensions of human rights law was cited and quoted the Supreme Court of New Zealand (New Zealand’s highest court) in Attorney-General v Taylor [2018] NZSC 104. The relevant article is Will Bateman and James Stellios ‘Chapter III of the Constitution, Federal Jurisdiction and Dialogue Charters of Human Rights’ (2012) 36 Melbourne University Law Review 1.

> My work with Leighton McDonald on the structure of Australian administrative law was cited by the Victorian Court of Appeal (Victoria’s highest court) in Ian Street Developer v Arrow International [2018] VSCA 294. The relevant article is Will Bateman and Leighton McDonald, ‘The Normative Structure of Australian Administrative Law’ (2017) 45 Federal Law Review 153.

6 November: PhD on the topic ‘Parliamentary Control of Public Money’ was approved by the University of Cambridge (to be conferred [ie, graduation] early next year).

Moeen CheemaPublications

‘Two Steps Forward, One Step Back: the Non-Linear expansion of Judicial Power in Pakistan’ (2018) 16 International Journal of Constitutional Law 503.

‘Pakistan: The State of Liberal Democracy’ (2018) 16 International Journal of Constitutional Law 635.

Conference

Second ‘Legal History and Empires: Perspectives from the Colonised’ Conference, University of the West Indies, Barbados, July 11–13, 2018.

Project

Australia Awards Fellowship 2017–18: Rule of Law Impact of the China-Pakistan Economic Corridor (CPEC).

> The China Pakistan Economic Corridor (CPEC) is the first and most significant stage of China’s ambitious ‘One Belt One Road’ program that is set to re-draw the political and economic geography of South and Central Asia. This fellowship program brought together Pakistani scholars working on diverse aspects of CPEC and its wider ramifications for the region. The program was designed to provide a platform to systematically engage with CPEC-related issues, and thereby develop a sustainable network of organizations that serve as a nodal point for continuing research and policy work.

Michael CoperPublications

The Future of Australian Legal Education: A Collection (Lawbook Co, 2018) (ed, with Kevin Lindgren and François Kunc).

‘What is the Future of Australian Legal Education?’ (2018) 92 Australian Law Journal 242-245.

‘Introduction and Overview’ in Kevin Lindgren, François Kunc and Michael Coper (eds), The Future of Australian Legal Education: A Collection (Lawbook Co, 2018) 1-24.

‘Reflection’ in James Stellios (ed), Encounters with Constitutional Interpretation and Legal Education: Essays in Honour of Michael Coper (The Federation Press, 2018) 174-198.

Presentations

Book Launch of Troy Simpson, The Funny Dictionary: An A-Z of Kids’ Funny Definitions (NLA Publishing, 2018), National Library of Australia, Canberra, 16 October 2018; youtube.com/watch?v=EoZoSPCRp-w.

‘Rome: Lawyers, Lessons and Legacies’, Speech at Minter Ellison Client Event to introduce a private viewing of the Rome: City + Empire exhibition of objects from the British Museum, National Museum of Australia, Canberra, 26 September 2018.

Jolyon FordPublications

‘Beyond rhetoric or reactivity on SDG 16: towards a principled policy basis for engaging business in peacebuilding’ in Miklian, Katsos and Alluri (eds.) Business, Peacebuilding and Sustainable Development: beyond the SDGs (Routledge).

‘Domestic institutionalisation of business and human rights: national protection systems amid transnational dynamics’ (2018/19) Nordic Journal of Human Rights (Special Issue on National Protection Systems; eds: Jensen, Lagoutte and Lorion) (with Claire Methven O’Brien).

Other

Written submissions to the National Consultation Process on a Modern Slavery Act for Australia (Dept. of Home Affairs).


Camille GoodmanPublications

‘Rights, obligations, prohibitions: A practical guide to understanding judicial decisions on coastal State jurisdiction over living resources in the law of the sea’ (2018) 33 International Journal of Marine and Coastal Law 558.

‘Law beyond boundaries: innovative mechanisms for the integrated management of biodiversity beyond national jurisdiction’, co-authored with Holly Matley (2018) 75 ICES Journal of Marine Science 402.

Presentations/Conferences/Workshops/Lectures

‘Fishing for inspiration in the Pacific?’ presented at the 2018 International Law Association Conference, Sydney, August 2018.

‘Subsequent agreements and subsequent practice: the case of the law of the sea’, presented at CIPL Workshop on the Interaction Between Treaty and Custom, Canberra, March 2018.

Dorota GozdeckaPublished in nofoundations.com/currentissue.html with Anne Macduff and Likim Ng.

Sarah HeathcotePublications

‘Pacific Islands Forum’ Oxford Database on International Organizations, in press, 2018.


‘The Distinction in Theory between ‘Practice’ for the Purposes of Treaty Interpretation and the Objective Element of Custom’ Current Issues in the Interaction Between Treaty and Custom, International Law Workshop, ANU, 8 March 2018 (conference organiser).

‘Interpreting Trade and Investment Schedules in International Law’ CIPL International Law Lunch, Department of Foreign Affairs and Trade, 10 April 2018 (with Simon Brinsmead).

‘Structural Mechanisms for Flexibility and Stability in International Law in times of Uncertainty’ International Law in Times of Increasing Insecurity, ANU, 18 May 2018.

‘The Opportunity and Advantage of Authentic Interpretation of Treaties through Subsequent Practice’ Attorney-General’s Department 8th International Law Colloquium, Attorney-General’s Department, 30 November 2018.

Other

Organiser and chair of multiple CIPL events.

Anthony HopkinsRefereed Articles

Hopkins A, Carline A and Easteal P, ‘Equal Consideration and Informed Imagining: Recognising and Responding to the Lived Experiences of Abused Women Who Kill’ (2018) 41(3) Melbourne University Law Review 1201.

Non-refereed articles

Hopkins A (2018), ‘Taking students inside’, ANU Reporter, 47(3).

Law Reform Submissions

Boland J, Bartels L, Naylor B, Mackay A and Hopkins A (2018), Submission on the ACT Human Rights Standards for Corrective Services.

Hopkins A (2017) Submission to ALRC Inquiry into Incarceration Rates of Aboriginal and Torres Strait Islander Peoples, 3 September.

David LettsPublications

“A Review of Selected Measures for Reducing Potential Conflict Among Naval Vessels in the South China Sea” in J. Schildknecht, R. Dickey, M. Fink, L. Ferris (eds) Operational Law in International Straits and Current Maritime Security Challenges (Springer, April 2018).

“Is there still a role for international law in the South China Sea” (with Donald Rothwell), (October 2018) Asian Jurist pp 52-57.

Opinion Pieces and Media

Regular commentary in the media on issues regarding military and security law throughout 2018


Conference Presentation, “The Australia/Timor-Leste Maritime Boundary Dispute”, 31st US Pacific Command Annual MILOPS Conference, Singapore, April 2018.

Workshop Convenor, as Director of the Centre for Military and Security Law, “Maritime Security: Preserving Access to Sea Lanes in Southeast Asia” workshop held in Singapore in June 2018 and co-hosted with the Institute of Defence and Strategic Studies, Nanyang Technological University.

Conference Presentation, “The Idea of Quarantine: Enforcing UNSCR or jus in bello?”, NATO Centre of Excellence for Operations in Confined and Shallow Water Annual Conference, Copenhagen, September 2018.

Course Director, “Naval Operations and the Law”, International Institute of Humanitarian Law, Sanremo Italy, October 2018.

Leighton McDonaldPublications

Principles of Administrative Law 3rd ed (Oxford University Press: 2018) (with Peter Cane and Kristen Rundle)


Cases for Principles of Administrative Law 3rd ed (Oxford University Press: 2018) (with Peter Cane and Kristen Rundle)

‘Graham and the Constitutionalisation of Australian Administrative Law’ (2018) 91 AIAL Forum 47


‘Jurisdictional Error as Conceptual Totem’ Public Law Weekend, ANU Law School, October 5-6

Anne McNaughtonPublications

Simoes da Silva N and McNaughton, A 2018, ‘Australia and the European Union as Federalist Structures: Similarities and Differences’, in Mascitelli, Bruno and Wilson, Bruce (ed.), So Distant, So Close: Australia and the European Union in the 21st Century, Australian Scholarly, Melbourne Australia, pp 126-153.


TV interview on ABC News Afternoons with Kirsten Aiken discussing implications of the UK-EU Withdrawal Agreement 14 November 2018.

Radio interview with ABC Radio Canberra, Canberra Drive, with Anna Vidot discussing implications of the UK-EU Withdrawal Agreement and possible future developments on 14 November 2018.


Legal Transplants and Public Policy: the case of ‘mutual recognition’ and the ‘new generation’ of Free Trade Agreements, EU Studies Association Asia Pacific Annual Conference

“The Roles of the EU and the Asia Pacific in the Global Era” Aoyama Gakuin University, Tokyo, 1–2 July 2017

“The Future of the EU and European Integration in the Aftermath of Crisis” National Taiwan University, Taipei, 28–29 June 2018.

Cameron MooreReport for the United Nations Office on Drugs and Crime (UNODC), Maritime Crime in the Sulu and Celebes Seas Region 2013–2018.

Radio Interview with Kelly Fuller on ABC Radio New England North West on the case of Pape v Federal Commissioner of Taxation, together with Paul Sattler, UNE.

Commentator – Navy Legal Tactical Forum.

Co-facilitator for the Fiji National Security Defence Council Secretariat/Australian Border Force ‘Maritime Security Desktop Exercise’, Suva, Fiji for the Australian National Centre for Ocean Resources and Security, University of Wollongong (ANCORS).

Rapporteur – UNODC Contact Group meeting on Mapping and Responding to Maritime Crime in the Sulu and Celebes Seas, Manila, The Philippines.

Co-delivered ‘Law of the Sea’ Course to ASEAN Maritime Security Officials, Jakarta Centre for Law Enforcement Cooperation, Semarang, Indonesia for ANCORS.

Presentation Executive Power and the Use of Force by the ADF, University of Melbourne Law School.

Presentation Martial Law and the Frontier War in the New England for the Myall Creek Massacre 180th Anniversary Symposium, UNE.

Co-delivered ‘Law of the Sea’ Course to the Philippines Coast Guard, PCGHQ, Manila for ANCORS.

Co-facilitator for the Papua New Guinea Customs Service/ Australian Border Force ‘Maritime Security Desktop Exercise’, Port Moresby, Papua New Guinea.

Co-delivered two separate ‘Law of the Sea’ courses to the Philippines Department of Foreign Affairs, Manila for ANCORS.

Dennis PearcePublications

Interpretation Acts in Australia, LexisNexis Butterworths, 2018 store.lexisnexis.com.au/product?product=interpretation-acts-in-australia&meta_F_and=9780409348767

Justine PoonPublications

Justine Poon, ‘How a Body Becomes a Boat: The Asylum Seeker in Law and Images’ (2018) 30(1) Law and Literature 105


Interview by Odette Shenfield, ‘How a Body Becomes a Boat: An Interview with Justine Poon’ (Demos Journal, 18 August 2018), demosjournal.com/how-a-body-becomes-a-boat-an-interview-with-justine-poon/

Recipe and legal theory piece, ‘Wonton Meditations’, forthcoming publication (December 2018) from Lucernaiuris - Institute for Interdisciplinary Legal Studies, University of Lucerne, Switzerland


Workshop leader, ‘The Power of Imagery in the Administration of Justice,’ Master of Photography and Society, Royal Academy of Art, The Hague, Netherlands (10 September 2018)

Seminar, ‘Can we have a future? Time and desire in Australian refugee law,’ Lucernaiuris – Institute for Interdisciplinary Legal Studies, University of Lucerne, Switzerland (15 October 2018)

Seminar, ‘Can we have a future? Time and desire in Australian refugee law,’ Faculty of Law, Vrije Universiteit Brussel, Belgium (22 October 2018)

Visiting Fellowships

2018 Visiting Fellow at Lucernaiuris - Institute for Interdisciplinary Legal Studies, University of Lucerne, Switzerland (September-October 2018)


Grants

Together with Dr Michelle Worthington, Justine Poon received an ANU Fund grant to run a series of legal essay writing workshops for ANU College of Law students in March 2018: law.anu.edu.au/news-and-events/news/essay-writing-workshop-law-student-well-being

Donald RothwellPublications

“Arctic Ocean Shipping: Navigation, Security and Sovereignty in the North American Arctic” Brill Research Perspectives – The Law of the Sea 1.3 (2017) 1- 88.

“China Boards the Polar Express” East Asia Forum (7 February 2018) eastasiaforum.org/2018/02/07/china-boards-the-polar-express/.

“Australia and Timor Leste settle maritime boundary after 45 years of bickering” The Conversation (7 March 2018) theconversation.com/australia-and-timor-leste-settle-maritime-boundary-after-45-years-of-bickering-92834.

“Australia and Timor Leste: the 2018 Timor Sea Treaty” The Strategist (ASPI) 14 March 2018 aspistrategist.org.au/australia-timor-leste-2018-timor-sea-treaty/.

Donald R. Rothwell and Alan D. Hemmings, “Introduction: The Context of International Polar Law” in Donald R. Rothwell and Alan D. Hemmings (eds), International Polar Law (Edward Elgar, Cheltenham, UK: 2018) xiii-xliv.

Donald R. Rothwell and Alan D. Hemmings (eds), International Polar Law (Edward Elgar, Cheltenham, UK: 2018) xliv + 844pp.

“2018 Timor Sea Treaty: a new dawn in relations between Australia and Timor-Leste? (May 2018) Issue 44 Law Society Journal (NSW) 70-72.

“Navigational Restrictions within the New LOS Context: Geographical Implications for the United States Lewis M. Alexander; Edited by J. Ashley Roach” (2018) 32 Ocean Yearbook 587-589.

“International Law and East China Sea Disputes: Much Ado about Nothing?” in Clive Schofield, Yong Kil Park, and Leonardo Bernard (eds), The East China Sea: How to Build Confidence and Promote Cooperation (Korea Maritime Institute, Busan: 2017) 13-37.

Donald R. Rothwell, Stuart Kaye, Afshin Akhtar-Khavari, Ruth Davis and Imogen Saunders, International Law: Cases and Materials with Australian perspectives 3rd (CUP, Port Melbourne: 2018).

“The Polar Regions and the law of the sea: Current controversies” in Mark Nuttall, Torben R. Christensen and Martin J. Siegert (eds), The Routledge Handbook of the Polar Regions (Routledge, New York: 2018) 275-283.

Donald R. Rothwell and David Letts “Is there still a role for international law in the South China Sea?” (October 2018) Issue 3 Asian Jurist 52-57.


ABC Radio ‘The World Today’ 11 January 2018, 12.20pm discussing the latest developments in the case of Julian Assange following reports that Ecuador is seeking a mediator to resolve issues with the UK.

Also reported in:

> Melissa Clarke ‘WikiLeaks: Ecuador wants Julian Assange out of its embassy. Deporting him to Australia is one option’ abc.net.au/news/2018-01-11/could-julian-assange-be-deported-from-ecuador-embassy/9321004 (11January 2018)

ABC TV ‘News’ 12 January 2018, 7.10pm discussing legal issues associated with Julian Assange and his attaining Ecuadorian citizenship.

Also separately reported in:

> SBS Radio News sbs.com.au/news/audiotrack/ecuador-makes-assange-citizen-bid-break-impasse.

Op-Ed “Assange flight could yet hit turbulence” The Australian January 17, 2018, p 10 discussing the latest legal developments in the case of Julian Assange following his being granted Ecuadorian citizenship.

2GB ‘Drive’ 16 January 2018, 7.28pm discussing Australia’s strategic interests in Antarctica and the geopolitical situation in Antarctica given the presence of China and the US.

SBS “Assange launches ‘public interest’ case after losing bid to have arrest warrant dropped” (7 February 2018) sbs.com.au/news/assange-launches-public-interest-case-after-losing-bid-to-have-arrest-warrant-dropped discussing latest developments in the Assange case.

Lindsay Murdoch “Landmark Agreement: Secret oil and gas deal worth billions to East Timor” The Sydney Morning Herald 12 February 2018, p. 11 discussing the most recent developments in the Australia/Timor-Leste Timor Sea Conciliation.

Also in:

> SMH Online smh.com.au/world/australia-s-secret-timor-sea-deal-could-pave-oil-and-gas-revenue-future-for-east-timor-20180210-p4yzxn.html.

Lindsay Murdoch “East Timor Win in $50b gas deal” The Age 12 February 2018, p 9.

ABC Radio 666 Canberra ‘Drive’ 13 February 2018 448pm discussing diplomatic immunity following the ABC Four Corners investigation into domestic workers in Embassies.

Channel TEN ‘The Project’ 14 February 2018, 6.33pm discussing the latest developments in the case of Julian Assange and his efforts to have his British Arrest Warrant overturned.

Lindsay Murdoch “Australia, East Timor agreement over $50 billion oil and gas field” The Age (online) 26 February 2018 theage.com.au/world/asia/australia-east-timor-agreement-over-50-billion-oil-and-gas-field-20180226-p4z1r2.html commenting on latest developments in the Timor Sea conciliation.


Anne Barker “Australia and East Timor Maritime agreement could ‘unravel’ borders with Indonesia” ABC Online abc.net.au/news/2018-03-06/australia-east-timor-deal-could-unravel-border-with-indonesia/9515874 (6 March 2018) discussing the 2018 Timor Sea Treaty and its implications for Australia/Indonesian maritime boundaries.

Discussing the 2018 Timor Sea Treaty (6 March 2018):

“Australia and East Timor settle bitter border differences” Gulf News gulfnews.com/news/asia/australia/australia-and-east-timor-settle-bitter-border-differences-1.2183458

> also Bangkok Post

“Australia’s sea border with Timor: UN treaty has uncertain future as gas dispute rolls on” SBS News sbs.com.au/news/australia-s-sea-border-with-timor-un-treaty-has-uncertain-future-as-gas-dispute-rolls-on.


> BBC World Service.

“Australia and East Timor end longstanding feud over maritime border” New Zealand Herald (7 March 2018) nzherald.co.nz/business/news/article.cfm?c_id=3&objectid=12008080&ref=rss.


Jamie Smyth “Australia-East Timor treaty unlocks $40bn oil and gasfield” Financial Timesft.com/content/e924916a-21b3-11e8-a895-1ba1f72c2c11.

“Mending Ties: Australia, Timor-Leste sign historic maritime border treaty” CGTN News news.cgtn.com/news/3145544e78454464776c6d636a4e6e62684a4856/share_p.html.

James Massola “Indonesia seeks treaty change after Timor deal” The Age 8 March 2018, p 6.

> also Sydney Morning Herald.

James Massola “Bishop pushes back on Indon boundaries” The Age 9 March 2018, p 12 discussing the implications of the 2018 Timor Sea Treaty for Australian/Indonesian maritime boundaries.

ABC Radio ‘The World Today’ 18 April 2018, 12.10pm discussing the possible extradition to Australia from Iraq of two IS members.

ABC Radio National ‘Sunday Extra’, Sunday 27 May 9.05 am discussing the latest developments on the investigation into the loss of MH17 and Australia’s positon with respect to pursuing international legal proceedings against Russia and perpetrators of the incident.

Tacey Rychter “122 Pregnant Whales Were Killed in Japan’s Latest Hunt. Was This Illegal?” New York Times (30 May 2018) nytimes.com/2018/05/30/world/asia/whales-japan.html discussing Japan’s report to the IWC on the 2017/2018 NEWREP-A season.

ABC Radio SouthEast ‘Mornings’, Thursday, 31 May 2018 9.30am discussing the Japanese report to the IWC regarding the 2017/2018 NEWREP-A season and Japan’s continuing take of whales in the Southern Ocean.

ABC TV News (Sydney), 8 July 2018, 7.08am discussing the case of the Brazilian national Cecilia Haddad murdered in Sydney and the arrest in Brazil of Mario Santorini.

> Also ABC TV News (Perth).

ABC TV News 24 ‘The World’ 12 July 2018, 10.10pm discussing the proposal by Japan to request the International Whaling Commission to lift the moratorium on commercial whaling at the forthcoming IWC meeting.

SBS TV ‘News’ 13 July 2018, 6.52pm discussing the proposal by Japan to request the International Whaling Commission to lift the moratorium on commercial whaling at the forthcoming IWC meeting.

Discussing the extradition to Australia of Neil Prakash and denial by a Turkish court of Australia’s extradition request (20 July 2018):

> Radio 2CC ‘Breakfast’ 20 July 2018, 7.50am

> ABC TV News 24, 11.31am

> ABC News (Sydney), 5.31pm (repeated throughout news cycle)

> ABC Radio Canberra, 5.00pm (repeated throughout news cycle)

> ABC Radio Melbourne, 7.00pm (repeated throughout news cycle)

> ABC Radio Brisbane, 6.00pm (repeated throughout news cycle)

> ABC Radio Adelaide, 6.00pm (repeated throughout news cycle)

> ABC Radio Darwin, 5.00pm

> ABC Radio Perth, 4.00pm

> ABC Radio Newcastle, 3.00pm

> ABC Radio Hobart, 2.00pm

> ABC Gold Coast, 1.00pm

Lucy Cormack “Alleged Killers who went into hiding” Sunday Canberra Times, 5 August 2018, p. 13 commenting on challenges of extraditing persons alleged to have committed murders in Australia.

> Also: Sydney Morning Herald smh.com.au/national/nsw/ones-that-got-away-alleged-killers-on-the-run-20180727-p4zu1w.html

“Ones that got away: alleged killers on the run” Sun Herald, 5 August 2018, p14.

Graham Readfearn, “Australia to oppose Japan’s push to reintroduce commercial whaling” The Guardian (Australia) 31 August 2018 theguardian.com/environment/2018/sep/01/australia-to-oppose-japans-push-to-reintroduce-commercial-whaling discussing the forthcoming IWC meeting in Brazil.

ABC Radio National ‘Breakfast’ 5 September 2018 8.20am discussing the forthcoming IWC meeting in Brazil.


Andreas Illmer (BBC) ”Japan says it’s time to allow sustainable whaling” (7 September 2018) bbc.com/news/world-asia-45364696 discussing the forthcoming IWC meeting in Brazil.

Graham Readfearn, “Insult to every voter: Australia criticised as Japan attempts to resume commercial whaling” The Guardian (Australia) 8 September 2018 theguardian.com/environment/2018/sept/08/australia-drops-ball-on-japans-ayttempt-to-resume-commercial-whaling discussing the forthcoming IWC meeting in Brazil and Australia’s decision to not sent a Minister to represent Australia.

ABC TV News Channel, 10 September 2018, 12.32pm discussing the commencement of the IWC meeting in Brazil and Japan’s proposal for reform of the IWC.

Triple R FM ‘Uncommon Sense’ 11 September 2018, 10.50am discussing the history of Japanese whaling and Japan’s proposals for reform of the IWC.

Sian Powell, “Murder on the High Seas” The Australian 12 September 2018, p. 13 discussing Australia’s position regarding Japanese whaling and IWC reform.

Sian Powell, “Senator defends her role defending whales, despite her junior Ministerial position” The Australian 12 September 2018, p. 6 discussing Senator Anne Ruston attending the IWC meeting on behalf of Australia.

Graham Readfearn “Australia could launch legal challenge to Japan’s ‘scientific’ whaling hunts” The Guardian (Australia) (21 September 2018) theguardian.com/environment/2018/sep/21/australia-could-launch-legal-challenge-to-japans-scientific-whaling-hunts discussing a potential legal challenge to Japan’s conduct of NEWREP-A.

Nick Whigham “China signals intent to boost Antarctic access with proposed new airstrip” news.com.au (29 October 2018) news.com.au/technology/environment/conservation/china-signals-intent-to-boost-antarctic-access-with-proposed-new-airstrip/news-story/807949441263b5dce81ebf7c9db57ca2 discussing legal issues associated with China’s development of a new airstrip in Antarctica.

David Wroe, “Jerusalem embassy move could see Australia in court” Canberra Times 31 October 2018, p.4 discussing the case brought by Palestine against the US regarding the relocation of the US embassy to Jerusalem and its implications for Australia.

> Also Sydney Morning Herald smh.com.au/politics/federal/jerusalem-embassy-move-could-land-australia-in-the-international-court-of-justice-20181030-p50cvs.html.

Presentations/Conferences/workshops/Lectures

“Islands and International Law” RSIS Seminar, Nanyang Technological University, Singapore, 9 March 2018.

Joint Standing Committee on Treaties (Parliament of Australia), ‘2018 Timor Sea Treaty’ (Submission of 20 April 2018).

“The Law of the Sea and the Indian Ocean” presented at Maritime Order in the Indian Ocean Conference and Workshop, Deakin Law School, Deakin University, Melbourne, 30 April 2018.

“Islands and International Law” Faculty of Law, Queensland University of Technology, 21 May 2018.

“Islands and International Law” presented at Staff Seminar, Faculty of Law, City University of Hong Kong, 29 May 2018.

“Finalising the Australia/Timor-Leste maritime boundary: a continuing process” presented at 2018 Timor-Leste Update, ANU College of Asia and the Pacific, ANU, 22 June 2018.

“Islands, Statehood, Entitlements and International Law” presented at 26th Annual ANZSIL Conference, Victoria University of Wellington, Wellington, NZ, 7 July 2018.

“Timor Sea Treaty” ACT Law Society, Canberra, 16 August 2018.

“ILA Baselines under the International Law of the Sea Committee Report” Briefing to Australian Government officials, Canberra, 17 August 2018.

“Reflections on the Timor-Leste v Australia Conciliation Experience” 78th Biennial Conference of the International Law Association, Sydney, 19-24 August 2018.

“Defending the Defensible: How to Protect and Promote International Rules” Department of Foreign Affairs and Trade, Canberra, 12 September 2018.

“International Polar Law: Does a special body of law apply to the polar regions?” Faculty of Law, University of Montreal, Montreal, Quebec, Canada, 28 September 2018.

“An exchange of views on the History and Future of Polar Law (with Professor Erik Molenaar)” Eleventh Polar Law Symposium, October 2-4, 2018 Faculty of Law at UiT, The Arctic University of Norway. Tromso, Norway.

Featured Lecturer “Armin Linke Prospecting Ocean (2018)” CNR-ISMAR, Venice, Italy, May 23, 2018 - September 30, 2018 tba21.org/#item--ProspectingOcean--1797.

“Islands, Statehood, Archipelagic States and their Entitlements” CIPL International Law Lunchtime Seminar, Canberra, 19 October 2018.

Kim RubensteinPro Bono Citizenship law work

Appeared on behalf of the applicant in DLSV and Minister for Immigration and Border Protection (Citizenship) [2017] AATA 2999 (27 November 2017) but released on 8 January 2018 – austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/AATA/2017/2999.html?context=1;query=DLSV;mask_path=au/cases/cth/AATA.

Review of the work with students and the case in Institute of Statelessness, January Bulletin institutesi.org/news/bulletin.php.

Day in the Life of Kim Rubenstein mailchi.mp/c8d0c908d1d4/statelessness-bulletin-january-1644161?e=63d4bfc24f.


Conferences/Public Presentations

‘Statelessness as a Frame: The Intersection of Public Law, “Foreign Law” and International Law through the Prism of Citizenship’ presented at the New Citizenship Conference, Uni of Sydney.

16 March 2018 sydney.edu.au/content/dam/corporate/documents/sydney-law-school/news/New-Citizenship-ConferenceProgram.pdf.

Presentation at the Launch of Peter McMullin Statelessness Centre at University of Melbourne.

26 March 2018 law.unimelb.edu.au/news/MLS/peter-mcmullin-centre-on-statelessness-launched.

Presentation to class of Professor Tatiana Borisova, HSE Campus, St Petersberg.

‘Power, Control and Citizenship: The Uluru Statement from the Heart as Active Citizenship’.

14 June 2018: Presentation to Australian Women Lawyers Conference on panel on 100 years of Women in the Law, NSW, on Trailblazing Women and the Law.

26 August 2018: Paper (via prepared video) at 2018 CIPL Pubic law weekend law.anu.edu.au/sites/all/files/media/documents/events/11.02-03_plw_program.pdf

‘Citizenship, statelessness and administrative law: Giving students a real taste of administrative law in action.’

2 November 2018: Paper (via prepared video) at UNSW Kaldor Center ‘The future of refugee litigation: what role can academic research play’.

13 November 2018: Presentation to Minerva Centre Conference, Tel Aviv Law School, International Law from Below: An Interdisciplinary Conference.

‘Oral History as Methodological Corrective – Enlarging the Archive”.

10 December 2018: Presentation to Minerva Centre, Hebrew University, Statelessness as a Pressure point for Human Rights Protection.

18 December 2018: Inducted into the Australian Academy of Social Sciences law.anu.edu.au/news-and-events/news/professor-kim-rubenstein-inducted-social-sciences-academy

Visiting Professorships

> October–November 2018 – Tel Aviv University Law School.November 2018 through to January 2019, Lady Davis Visiting Professor, Hebrew University Law School law.anu.edu.au/news-and-events/news/professor-rubenstein-begins-trailblazing-women-lawyers-pilot-israel

Publications

‘Power, Control and Citizenship: The Uluru Statement from the Heart as Active Citizenship’.

Volume 30, Bond Law Review, 2018, Issue 1 page 3. epublications.bond.edu.au/blr/vol30/iss1/3/

‘Oral history, gender and Law’ in La Revue des Juristes de Sciences Po, Vol. 15, No. 60, Spring 2018, revuedesjuristesdesciencespo.com/?page_id=404

See also: papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=231912

Posted on SSRN 4 September 2018.

Opinion Piece

‘Time to update the electorate guidelines’ written with Katrina Hall canberratimes.com.au/politics/act/time-to-update-the-electorate-guidelines-20180903-p501e6.html 3 September 2018

ANU Law Reporter – Vol 4, No 4, reporter.anu.edu.au/day-life-kim-rubenstein

Public Submission

To Australian Electoral Commission on redistribution of ACT Electorates.

Submission referred to in aec.gov.au/Electorates/Redistributions/2017/act/final-report/files/act-2018-final-report.pdf

Amelia SimpsonPublications

‘Parliaments’ in Saunders, C & Stone, A (eds) Oxford Handbook of Australian Constitutional Law, OUP 2018.

‘Equal Treatment and Non-Discrimination through the Functionalist Lens’ in Dixon, R (ed) Australian Constitutional Values, Hart 2018.

‘Designing Referendums for Peacemaking: the Case of Bougainville’, (2018) 33 Australasian Parliamentary Review 6-40 (with Ron Levy, Ian O’Flynn and Georgina Flaherty).

‘Brown v Tasmania: High Court delivers a win for protesters’ (2018) 41 (Feb) Law Society of NSW Journal 90-91.


Session Chair, ‘Creating a New Case for Constitutional Reform’, ANU Crawford Leadership Forum, 25 June 2018, Canberra.

> Presenter, ‘Membership and exclusion in times of crisis and populism’, Workshop at 2018 World Congress of Constitutional Law, Seoul, 21 June 2018.

> Presenter, ‘Constitutional Reasoning’, Workshop at 2018 World Congress of Constitutional Law, Seoul, 21 June 2018.

Other

‘Regulating Plastic Shopping Bags in the Australian Capital Territory: Plastic Shopping Bag Ban Act 2010 Options Analysis’, 10 June 2018 (with Andrew Macintosh and Teresa Neeman).

James StelliosPublications

The Federal Court’s Contribution to Australian Law: Past, Present and Future (The Federation Press, 2018) (with P Ridge).

Encounters with Constitutional Interpretation and Legal Education: Essays in Honour of Michael Coper (Federation Press, 2018).

‘The Federal Court and Constitutional Law’ in Pauline Ridge and James Stellios (eds), The Federal Court’s Contribution to Australian Law: Past, Present and Future (The Federation Press, 2018) 103-138 (with Justice John Griffiths).


‘Choice of Law in Federal Jurisdiction after Rizeq v Western Australia’ (2018) 46 Australian Bar Review 187-203.

‘Federal Jurisdiction’ in Cheryl Saunders and Adrienne Stone (eds), The Oxford Handbook on the Australian Constitution (OUP, 2018).

‘Liberty as a Constitutional Value: The Difficulty of Differing Conceptions of “The Relationship of the Individual to the State”’ in Rosalind Dixon (ed), Australian Constitutional Values (2018) 177-194.

‘Rights in the Australian Federation’ (2018) 20 European Journal of Law Reform 258 (with N Aroney).

Book Review: ‘The Rule of Law and the Australian Constitution, by Lisa Burton Crawford’ (2018) 25 Australian Journal of Administrative Law 199.

Peter SutherlandPublications

‘Annotated Safety, Rehabilitation and Compensation Act 1988’ 11th Edition, The Federation Press, Sydney, May 2018.


‘Social Security Overpayments and Debt Recovery: Key Developments (Part 2)’ Webinar for the National Social Security Rights Network, 13 April 2018.


Facilitator, Legislation Workshop, Department of Veterans’ Affairs, Canberra, 7 March 2018.

‘Members of a Couple in Australian Social Security Law’ Paper presented at the AIAL National Conference on Administrative Law, UNSW Law School, Sydney, 28 September 2018.

Other

Reasons for Decision, ACT Civil and Administrative Tribunal.

Hardship Applicant 13312 v Icon Water Limited (Energy & Water) [2018] ACAT 83, 23 August 2018.

Greg WeeksPublications

Janina Boughey and Greg Weeks, ‘Government Accountability as a ‘Constitutional Value’’ in Rosalind Dixon (ed), Australian Constitutional Values (Hart Publishing, 2018) 99.

Ellen Rock and Greg Weeks, ‘Monetary Awards for Public Law Wrongs: Australia’s Resistant Legal Landscape’ (2018) 41 University of New South Wales Law Journal 1160.

Greg Weeks, ‘ADJR at 40: In its Prime or a Disappointment to its Parents?’ (2018) 92 AIAL Forum 103.

Greg Weeks and Linda Pearson, ‘Planning and Soft Law’ (2018) 24 Australian Journal of Administrative Law 252.

Greg Weeks, ‘Soft Law and Public Liability: Beyond the Separation of Powers?’ (2018) 39 Adelaide Law Review (forthcoming).


Greg Weeks, ‘Attacks on Integrity Offices: a Separation of Powers Riddle’ (Paper presented at the Public Law Weekend 2018, Australian National University, Canberra, 2-3 November 2018).

Other

Greg Weeks and Matthew Groves, ‘Editorial: Legislative Limitations on Judicial Review: the High Court in Graham’ (2018) 24 Australian Journal of Administrative Law 209;

Greg Weeks and Matthew Groves, ‘Editorial: Natural Justice Beyond Individual Affectation’ (2018) 25 Australian Journal of Administrative Law 81;

Greg Weeks and Matthew Groves, ‘Editorial: Fairness, Chance and Discretion in Judicial Review’ (2018) 25 Australian Journal of Administrative Law 147.

Fiona WheelerPublications

Fiona Wheeler, ‘Due Process’ in Cheryl Saunders and Adrienne Stone (eds), The Oxford Handbook of the Australian Constitution (2018) Oxford University Press, Oxford, 928–951.

Fiona Wheeler and Brian Wimborne, ‘Kitto, Sir Frank Walters (1903–1994)’, Australian Dictionary of Biography, National Centre of Biography, Australian National University, adb.anu.edu.au/biography/kitto-sir-frank-walters-27185/text34708, published online 2018

Fiona Wheeler, ‘The French Court and the Kable Doctrine’ (2018) 29 Public Law Review 111–117.

Fiona Wheeler, ‘The Federal Court of Australia and Extra-Judicial Work’ in Pauline Ridge and James Stellios (eds), The Federal Court’s Contribution to Australian Law: Past, Present and Future, The Federation Press, Sydney (forthcoming 2018).

Mary Spiers WilliamsMary Spiers Williams (forthcoming), ‘Innervating colonialism: exploring the retraction of Indigenous rights through two sentencing provisions’, Australian Feminist Law Journal (December 2018).

Invited participant in the First Nations Governance Forum, Old Parliament House, 2-4 July 2018.

Student mentor regarding Indigenous Cultural Competency campaign (with Prof Asmi Wood, Christie Gardiner and Anthony Hopkins): our law students lead by the Law Students Society have been campaigning for Indigenous Cultural Competency in the their legal training and have taken their campaign nationally.

Invited participant in the Indigenous Research, Education and Community Workshop, 29 August 2018.

Invited participant in the ANU Indigenous Research Forum, 16 November 2018.

Invited Panellist on Social Justice and Democracy: The role of lawyers panel, ‘Ethical irresponsibility: how ethics, criminal law and system design can facilitate overcriminalisation’, University of Melbourne 8 December 2018.


C E N T R E M E M B E R S A N D D O C T O R A L S T U D E N T S

Members > Will Bateman

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> Alex Bruce

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> Thomas Faunce

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2018 CENTRE FOR INTERNATIONAL & PUBLIC LAW NEWSLETTER · Centre for International & Public Law 2018...

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