In association with the International Commission of Jurists

Author: Melbourne Journal of International Law

14 Nov

The Melbourne Journal of International Law is delighted to continue our partnership with Opinio Juris. This week will feature three articles from Issue 13(1) of the Journal. The full issue is available for download here. Today, our discussion commences with Spencer Zifcak’s article ‘The Responsibility to Protect after Libya and Syria’. Professor Zifcak draws on the disparate responses to the humanitarian...

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08 Dec

[Justine Nolan is a Senior Lecturer in the Faculty of Law, University of New South Wales] I am in concurrence with the timely article co-authored by Odette Murray, David Kinley and Chip Pitts in the Melbourne Journal of International Law and agree that the death of the Alien Torts Statute (‘ATS’) owes more to exaggerated rumours than legal substance. The article...

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08 Dec

[Odette Murray is a Legal Officer at the Office of International Law, Attorney-General's Department, Australia. David Kinley is a Professor of Human Rights Law at the University of Sydney. Chip Pitts is a lecturer in law at Stanford Law School. The views expressed in these posts are those of the authors, and not of the Attorney-General's department or the Australian Government] The decision...

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07 Dec

Gideon Boas makes a number of valuable points in his comments on my article, not least of which is the fact that the evidentiary challenges I highlighted with respect to the Lubanga trial are not new.  I particularly appreciate the experiences he recounts from his time at the International Criminal Tribunal for the former Yugoslavia (‘ICTY’), which, like its sister tribunal...

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07 Dec

[Gideon Boas is an Associate Professor in the Monash Law School and a former Senior Legal Officer at the ICTY.] This article deals carefully with the Lubanga proceedings before the ICC, and in particular the difficulty caused by the Prosecution collecting information through the extensive use of confidentiality agreements under Article 54(3)(e) of the Rome Statute.  One of the great difficulties...

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07 Dec

[Christian De Vos is a PhD researcher at the Grotius Centre for International Legal Studies. The author may be contacted at c.m.devos [at] cdh.leidenuniv.nl] Having recently embarked on a multi-year project that seeks to interrogate the possibilities for ‘local ownership’ in the context of the International Criminal Court (ICC), my article approaches the concept through the lens of locally-based informants and so-called...

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06 Dec

Professor Telesetsky, in her generous comments on my article in volume 12(1) of the Melbourne Journal of International Law, raises two pertinent questions.  First, why has there been a profusion of cooperative efforts across treaty bodies and second, what are the linkages that are most effective in compelling compliance with treaty regimes? In relation to the first question, Professor Telesetsky disagrees...

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06 Dec

[Anastasia Telesetsky is an Associate Professor of Law at the University of Idaho] Professor Karen Scott’s recent publication on international environmental governance in the Melbourne Journal of International Law is a must-read piece for those concerned about international environmental law (‘IEL’) being fragmented and fractured across issues, institutions and implementation. In her article, Karen argues convincingly that the current disparate state...

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06 Dec

[Karen N Scott is a Senior Lecturer at the University of Canterbury, New Zealand] The ‘fragmentation’ of international law is used as a term of description and — more commonly — as a lament.  It emphasises the isolation and disconnect between regimes and institutions and is peculiarly apt as a description of international environmental law; a complex regulatory field comprising multiple regimes and...

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05 Dec

The Melbourne Journal of International Law is delighted to be continuing our partnership with Opinio Juris. This week will feature three articles from issue 12(1) of the Journal. The full issue is available for download here. On Monday, our discussion kicks off with Karen Scott's article 'International Environmental Governance: Managing Fragmentation through Institutional Connection'. Scott examines how multilateral environmental agreements have sought to...

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18 May

Jean d’Aspremont’s supremely kind comments on my article require little response other than an expression of appreciation. Jean’s knowledge in this field is second to none, and the differences in our perceptions of these topics are minute. But it is, perhaps, worth clarifying my position on the recognition of coup regimes and the question of a democratic entitlement in international...

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