In association with the International Commission of Jurists

Author: Melbourne Journal of International Law

18 May

[Jean d’Aspremont is Associate Professor of International Law and Senior Research Fellow of the Amsterdam Center for International Law at the University of Amsterdam] Brad Roth’s timely and insightful article entitled ‘Secessions, Coups and the International Rule of Law: Assessing the Decline of the Effective Control Doctrine’ published in the Melbourne Journal of International Law deserves the greatest attention. Twelve years...

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18 May

[Brad Roth is an Associate Professor of Political Science and Law at Wayne State University] The effective control doctrine that, in different forms, has governed the recognition of states and governments is unappealing at its core.  Based on the principle of non-interference in civil strife within established international borders, the doctrine’s essential logic is that, with regard to internal efforts to...

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17 May

Can arguments for preemptive self defence under international law be regarded as a mirroring of feminist arguments for justified self-defence in cases of homicide by individuals who have experienced long-term domestic violence? This is one of the questions Dianne Otto raises in response to my MJIL article, ‘Feminist Reflections on the ‘End’ of the War on Terror’. In the article...

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17 May

[Dianne Otto is a Professor of Law at the University of Melbourne, where she directs the programme on International Human Rights Law] Two of the challenging questions that Gina Heathcote asks in her wonderfully provocative article are: What is a ‘feminist’ approach to the regulation of the ‘use of force’ in international law? What light is thrown onto this question by...

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16 May

As a general matter, we agree with Professor Weber’s comments, especially in relation to development and climate change. While we have not in this article focused on developmental aspects of the global financial architecture, in fact, we both view this as the fundamental goal.[1] Development however is not a simple objective and no single set of solutions to the development...

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16 May

[Douglas P Arner is Director of the Asian Institute of International Financial Law, Director of the Duke–HKU Asia–America Institute in Transnational Law and a Professor of Law at the University of Hong Kong. Ross P Buckley is a Professor of International Finance Law at the University of New South Wales and a Fellow of the Asian Institute of International Financial...

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15 May

The Melbourne Journal of International Law is delighted to be continuing our partnership with Opinio Juris. This week will feature three articles from our most recent issue. The full issue is available for download here. On Monday, Douglas Arner and Ross Buckley will discuss their article ‘Redesigning the Architecture of the Global Financial System’. Examining the history of global financial governance...

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24 Nov

[Beth Van Schaack is an Associate Professor at Santa Clara University School of Law and contributor to IntLawGrrls.] Professor Guilfoyle’s article makes a discrete and important contribution to his growing body of work on maritime law and the problem of piracy in the Gulf of Aden. The article cogently argues that international humanitarian law (‘IHL’) does not apply to most instances...

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24 Nov

[Dr Douglas Guilfoyle is a Lecturer in Law at the Faculty of Laws, University College London.] It is sometimes suggested that because pirates were described by classical authors as hostes humani generis (enemies of humankind) or because the Security Council has authorised the use of ‘necessary means’ in repressing Somali piracy that the laws of armed conflict ('LOAC') must (or might)...

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