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Publisher: RMIT Publishing   (Total: 403 journals)

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Showing 1 - 200 of 403 Journals sorted alphabetically
40 [degrees] South     Full-text available via subscription   (Followers: 2)
Aboriginal and Islander Health Worker J.     Full-text available via subscription   (Followers: 13)
Aboriginal Child at School     Full-text available via subscription   (Followers: 4)
About Performance     Full-text available via subscription   (Followers: 10)
Access     Full-text available via subscription   (Followers: 26)
ACCESS: Critical Perspectives on Communication, Cultural & Policy Studies     Full-text available via subscription   (Followers: 11)
Accounting, Accountability & Performance     Full-text available via subscription   (Followers: 14)
ACORN : The J. of Perioperative Nursing in Australia     Full-text available via subscription   (Followers: 19, SJR: 0.103, h-index: 4)
Adelaide Law Review     Full-text available via subscription   (Followers: 19)
Advocate: Newsletter of the National Tertiary Education Union     Full-text available via subscription   (Followers: 2)
Agenda: A J. of Policy Analysis and Reform     Full-text available via subscription   (Followers: 1)
Agora     Full-text available via subscription   (Followers: 3)
Agricultural Commodities     Full-text available via subscription   (SJR: 0.102, h-index: 8)
Agricultural Science     Full-text available via subscription   (Followers: 5)
AIMA Bulletin     Full-text available via subscription   (Followers: 4)
AJP : The Australian J. of Pharmacy     Full-text available via subscription   (Followers: 9, SJR: 0.102, h-index: 5)
AlterNative: An Intl. J. of Indigenous Peoples     Full-text available via subscription   (Followers: 7)
Analysis     Full-text available via subscription   (Followers: 4)
Ancient History : Resources for Teachers     Full-text available via subscription   (Followers: 1)
Anglican Historical Society J.     Full-text available via subscription   (Followers: 2)
Annals of the Royal Australasian College of Dental Surgeons     Full-text available via subscription   (Followers: 4, SJR: 0.101, h-index: 11)
ANZSLA Commentator, The     Full-text available via subscription   (Followers: 4)
Appita J.: J. of the Technical Association of the Australian and New Zealand Pulp and Paper Industry     Full-text available via subscription   (Followers: 8, SJR: 0.18, h-index: 27)
AQ - Australian Quarterly     Full-text available via subscription   (Followers: 1)
Arena J.     Full-text available via subscription   (Followers: 1)
Around the Globe     Full-text available via subscription   (Followers: 1)
Art + Law     Full-text available via subscription   (Followers: 11)
Art Monthly Australia     Full-text available via subscription   (Followers: 8)
Artefact : the journal of the Archaeological and Anthropological Society of Victoria     Full-text available via subscription   (Followers: 3)
Artlink     Full-text available via subscription   (Followers: 5)
Asia Pacific J. of Clinical Nutrition     Full-text available via subscription   (Followers: 9, SJR: 0.672, h-index: 51)
Asia Pacific J. of Health Management     Full-text available via subscription   (Followers: 2)
Aurora J.     Full-text available via subscription  
Australasian Biotechnology     Full-text available via subscription   (Followers: 1, SJR: 0.1, h-index: 8)
Australasian Catholic Record, The     Full-text available via subscription   (Followers: 7)
Australasian Drama Studies     Full-text available via subscription   (SJR: 0.101, h-index: 2)
Australasian Epidemiologist     Full-text available via subscription  
Australasian Historical Archaeology     Full-text available via subscription   (Followers: 7)
Australasian J. of Early Childhood     Full-text available via subscription   (Followers: 4, SJR: 0.174, h-index: 1)
Australasian J. of Gifted Education     Full-text available via subscription   (Followers: 4, SJR: 0.115, h-index: 3)
Australasian J. of Human Security, The     Full-text available via subscription   (Followers: 3)
Australasian J. of Irish Studies, The     Full-text available via subscription   (Followers: 9)
Australasian J. of Regional Studies, The     Full-text available via subscription   (Followers: 2)
Australasian Law Management J.     Full-text available via subscription   (Followers: 7)
Australasian Leisure Management     Full-text available via subscription   (Followers: 1)
Australasian Musculoskeletal Medicine     Full-text available via subscription   (Followers: 2)
Australasian Music Research     Full-text available via subscription   (Followers: 3)
Australasian Parks and Leisure     Full-text available via subscription   (Followers: 2)
Australasian Plant Conservation: J. of the Australian Network for Plant Conservation     Full-text available via subscription   (Followers: 4)
Australasian Policing     Full-text available via subscription   (Followers: 5)
Australasian Public Libraries and Information Services     Full-text available via subscription   (Followers: 38)
Australasian Review of African Studies, The     Full-text available via subscription   (Followers: 2)
Australian Aboriginal Studies     Full-text available via subscription   (Followers: 9, SJR: 0.109, h-index: 6)
Australian Advanced Aesthetics     Full-text available via subscription   (Followers: 4)
Australian Ageing Agenda     Full-text available via subscription   (Followers: 5)
Australian and Aotearoa New Zealand Psychodrama Association J.     Full-text available via subscription  
Australian and New Zealand Continence J.     Full-text available via subscription   (Followers: 3)
Australian and New Zealand Sports Law J.     Full-text available via subscription   (Followers: 8)
Australian Archaeology     Full-text available via subscription   (Followers: 12, SJR: 0.491, h-index: 15)
Australian Art Education     Full-text available via subscription   (Followers: 6)
Australian Bookseller & Publisher     Full-text available via subscription   (Followers: 1)
Australian Bulletin of Labour     Full-text available via subscription   (Followers: 4)
Australian Canegrower     Full-text available via subscription   (Followers: 2)
Australian Coeliac     Full-text available via subscription   (Followers: 2)
Australian Cottongrower, The     Full-text available via subscription   (Followers: 1)
Australian Educational and Developmental Psychologist, The     Full-text available via subscription   (Followers: 6, SJR: 0.143, h-index: 4)
Australian Family Physician     Full-text available via subscription   (Followers: 3, SJR: 0.364, h-index: 31)
Australian Field Ornithology     Full-text available via subscription   (Followers: 3, SJR: 0.141, h-index: 6)
Australian Forest Grower     Full-text available via subscription   (Followers: 3)
Australian Forestry     Full-text available via subscription   (Followers: 2, SJR: 0.252, h-index: 24)
Australian Grain     Full-text available via subscription   (Followers: 3)
Australian Holstein J.     Full-text available via subscription  
Australian Humanist, The     Full-text available via subscription   (Followers: 4)
Australian Indigenous Law Review     Full-text available via subscription   (Followers: 16)
Australian Intl. Law J.     Full-text available via subscription   (Followers: 25)
Australian J. of Acupuncture and Chinese Medicine     Full-text available via subscription   (Followers: 3, SJR: 0.106, h-index: 3)
Australian J. of Adult Learning     Full-text available via subscription   (Followers: 12, SJR: 0.159, h-index: 7)
Australian J. of Advanced Nursing     Full-text available via subscription   (Followers: 10, SJR: 0.225, h-index: 26)
Australian J. of Asian Law     Full-text available via subscription   (Followers: 4)
Australian J. of Cancer Nursing     Full-text available via subscription   (Followers: 10)
Australian J. of Civil Engineering     Full-text available via subscription   (Followers: 3, SJR: 0.17, h-index: 3)
Australian J. of Dyslexia and Learning Difficulties     Full-text available via subscription   (Followers: 8)
Australian J. of Emergency Management     Full-text available via subscription   (Followers: 5, SJR: 0.401, h-index: 18)
Australian J. of French Studies     Full-text available via subscription   (Followers: 6, SJR: 0.1, h-index: 5)
Australian J. of Herbal Medicine     Full-text available via subscription   (Followers: 3, SJR: 0.109, h-index: 7)
Australian J. of Language and Literacy, The     Full-text available via subscription   (Followers: 3, SJR: 0.399, h-index: 9)
Australian J. of Legal History     Full-text available via subscription   (Followers: 18)
Australian J. of Mechanical Engineering     Full-text available via subscription   (Followers: 3, SJR: 0.129, h-index: 4)
Australian J. of Medical Science     Full-text available via subscription   (Followers: 1, SJR: 0.122, h-index: 5)
Australian J. of Multi-Disciplinary Engineering     Full-text available via subscription   (Followers: 2)
Australian J. of Music Education     Full-text available via subscription   (Followers: 3)
Australian J. of Music Therapy     Full-text available via subscription   (Followers: 5)
Australian J. of Parapsychology     Full-text available via subscription   (Followers: 1)
Australian J. of Social Issues     Full-text available via subscription   (Followers: 6, SJR: 0.178, h-index: 20)
Australian J. of Structural Engineering     Full-text available via subscription   (Followers: 6, SJR: 0.296, h-index: 8)
Australian J. of Water Resources     Full-text available via subscription   (Followers: 6, SJR: 0.226, h-index: 9)
Australian J. on Volunteering     Full-text available via subscription   (Followers: 1)
Australian J.ism Review     Full-text available via subscription   (Followers: 7)
Australian Life Scientist     Full-text available via subscription   (Followers: 2, SJR: 0.1, h-index: 2)
Australian Literary Studies     Full-text available via subscription   (Followers: 5, SJR: 0.1, h-index: 6)
Australian Mathematics Teacher, The     Full-text available via subscription   (Followers: 7)
Australian Nursing J. : ANJ     Full-text available via subscription   (Followers: 6)
Australian Orthoptic J.     Full-text available via subscription  
Australian Primary Mathematics Classroom     Full-text available via subscription   (Followers: 2)
Australian Screen Education Online     Full-text available via subscription   (Followers: 2)
Australian Senior Mathematics J.     Full-text available via subscription   (Followers: 1)
Australian Sugarcane     Full-text available via subscription  
Australian TAFE Teacher     Full-text available via subscription   (Followers: 2)
Australian Tax Forum     Full-text available via subscription   (Followers: 2)
Australian Universities' Review, The     Full-text available via subscription   (Followers: 3)
Australian Voice     Full-text available via subscription   (Followers: 4)
Bar News: The J. of the NSW Bar Association     Full-text available via subscription   (Followers: 5)
Bioethics Research Notes     Full-text available via subscription   (Followers: 14)
BOCSAR NSW Alcohol Studies Bulletins     Full-text available via subscription   (Followers: 5)
Bookseller + Publisher Magazine     Full-text available via subscription   (Followers: 5)
Breastfeeding Review     Full-text available via subscription   (Followers: 14, SJR: 0.31, h-index: 19)
British Review of New Zealand Studies     Full-text available via subscription   (Followers: 2)
Brolga: An Australian J. about Dance     Full-text available via subscription   (Followers: 1)
Cancer Forum     Full-text available via subscription   (SJR: 0.143, h-index: 10)
Cardiovascular Medicine in General Practice     Full-text available via subscription   (Followers: 6)
Chain Reaction     Full-text available via subscription  
Childrenz Issues: J. of the Children's Issues Centre     Full-text available via subscription  
Chiropractic J. of Australia     Full-text available via subscription   (SJR: 0.107, h-index: 3)
Chisholm Health Ethics Bulletin     Full-text available via subscription   (Followers: 1)
Church Heritage     Full-text available via subscription   (Followers: 8)
Commercial Law Quarterly: The J. of the Commercial Law Association of Australia     Full-text available via subscription   (Followers: 5)
Communicable Diseases Intelligence Quarterly Report     Full-text available via subscription   (Followers: 2, SJR: 0.567, h-index: 27)
Communication, Politics & Culture     Open Access   (Followers: 12)
Communities, Children and Families Australia     Full-text available via subscription   (Followers: 1)
Connect     Full-text available via subscription  
Contemporary PNG Studies     Full-text available via subscription  
Context: J. of Music Research     Full-text available via subscription   (Followers: 7)
Corporate Governance Law Review, The     Full-text available via subscription   (Followers: 7)
Creative Approaches to Research     Full-text available via subscription   (Followers: 11)
Critical Care and Resuscitation     Full-text available via subscription   (Followers: 14, SJR: 1.737, h-index: 24)
Cultural Studies Review     Full-text available via subscription   (Followers: 14)
Culture Scope     Full-text available via subscription   (Followers: 2)
Current Issues in Criminal Justice     Full-text available via subscription   (Followers: 8)
Dance Forum     Full-text available via subscription   (Followers: 2)
DANZ Quarterly: New Zealand Dance     Full-text available via subscription   (Followers: 3)
Day Surgery Australia     Full-text available via subscription   (Followers: 2)
Deakin Law Review     Full-text available via subscription   (Followers: 14)
Developing Practice : The Child, Youth and Family Work J.     Full-text available via subscription   (Followers: 19)
Early Days: J. of the Royal Western Australian Historical Society     Full-text available via subscription  
Early Education     Full-text available via subscription   (Followers: 9)
EarthSong J.: Perspectives in Ecology, Spirituality and Education     Full-text available via subscription   (Followers: 1)
East Asian Archives of Psychiatry     Full-text available via subscription   (Followers: 2, SJR: 0.331, h-index: 7)
Educare News: The National Newspaper for All Non-government Schools     Full-text available via subscription  
Educating Young Children: Learning and Teaching in the Early Childhood Years     Full-text available via subscription   (Followers: 14)
Education in Rural Australia     Full-text available via subscription   (Followers: 1)
Education, Research and Perspectives     Full-text available via subscription   (Followers: 10)
Educational Research J.     Full-text available via subscription   (Followers: 15)
Electronic J. of Radical Organisation Theory     Full-text available via subscription   (Followers: 2)
Employment Relations Record     Full-text available via subscription   (Followers: 2)
English in Aotearoa     Full-text available via subscription   (Followers: 1)
English in Australia     Full-text available via subscription   (Followers: 2, SJR: 0.19, h-index: 6)
Essays in French Literature and Culture     Full-text available via subscription   (Followers: 6)
Ethos: Official Publication of the Law Society of the Australian Capital Territory     Full-text available via subscription   (Followers: 4)
Eureka Street     Full-text available via subscription   (Followers: 4)
Extempore     Full-text available via subscription  
Family Matters     Full-text available via subscription   (Followers: 13, SJR: 0.259, h-index: 8)
Federal Law Review     Full-text available via subscription   (Followers: 21)
Fijian Studies: A J. of Contemporary Fiji     Full-text available via subscription  
Focus on Health Professional Education : A Multi-disciplinary J.     Full-text available via subscription   (Followers: 7)
Food New Zealand     Full-text available via subscription   (Followers: 4)
Fourth World J.     Full-text available via subscription  
Frontline     Full-text available via subscription   (Followers: 17)
Future Times     Full-text available via subscription   (Followers: 1)
Gambling Research: J. of the National Association for Gambling Studies (Australia)     Full-text available via subscription   (Followers: 5)
Gay and Lesbian Law J.     Full-text available via subscription   (Followers: 2)
Gender Impact Assessment     Full-text available via subscription  
Geographical Education     Full-text available via subscription   (Followers: 3)
Geriatric Medicine in General Practice     Full-text available via subscription   (Followers: 7)
Gestalt J. of Australia and New Zealand     Full-text available via subscription   (Followers: 2)
Globe, The     Full-text available via subscription   (Followers: 4)
Government News     Full-text available via subscription   (Followers: 2)
Great Circle: J. of the Australian Association for Maritime History, The     Full-text available via subscription   (Followers: 8)
Grief Matters : The Australian J. of Grief and Bereavement     Full-text available via subscription   (Followers: 10)
He Puna Korero: J. of Maori and Pacific Development     Full-text available via subscription  
Headmark     Full-text available via subscription   (Followers: 1)
Health Inform     Full-text available via subscription  
Health Issues     Full-text available via subscription   (Followers: 1)
Health Promotion J. of Australia : Official J. of Australian Association of Health Promotion Professionals     Full-text available via subscription   (Followers: 10, SJR: 0.606, h-index: 19)
Health Voices     Full-text available via subscription  
Heritage Matters : The Magazine for New Zealanders Restoring, Preserving and Enjoying Our Heritage     Full-text available via subscription   (Followers: 3)
High Court Quarterly Review, The     Full-text available via subscription   (Followers: 3)
History of Economics Review     Full-text available via subscription   (Followers: 10)
HIV Australia     Full-text available via subscription   (Followers: 3)
HLA News     Full-text available via subscription   (Followers: 7)
Hong Kong J. of Emergency Medicine     Full-text available via subscription   (Followers: 2, SJR: 0.173, h-index: 7)
Idiom     Full-text available via subscription   (Followers: 1)
Impact     Full-text available via subscription   (Followers: 1)
InCite     Full-text available via subscription   (Followers: 24)
Indigenous Law Bulletin     Full-text available via subscription   (Followers: 13)
InPsych : The Bulletin of the Australian Psychological Society Ltd     Full-text available via subscription   (Followers: 3)
Inside Film: If     Full-text available via subscription   (Followers: 8)
Institute of Public Affairs Review: A Quarterly Review of Politics and Public Affairs, The     Full-text available via subscription   (Followers: 12)
Instyle     Full-text available via subscription   (Followers: 1)
Intellectual Disability Australasia     Full-text available via subscription   (Followers: 7)
Interaction     Full-text available via subscription   (Followers: 3)

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Journal Cover Australian International Law Journal
  [25 followers]  Follow
    
   Full-text available via subscription Subscription journal
   ISSN (Print) 1325-5029
   Published by RMIT Publishing Homepage  [403 journals]
  • Volume 21 Operating international law in a global context: Presentation of
           a three steps method
    • Abstract: Berge, Jean-Sylvestre; Helleringer, Genevieve
      The operation of international law, in the variety of global legal situations, has its own dynamism. It cannot result from the mere application of a method or a legal solution at a given moment, in a predetermined space and on a predetermined level, by a duly identified actor. It must be grasped in one movement. In a single situation, several laws must sometimes be mobilised, alternatively, cumulatively, at the same time or at different moments, in one or several spaces or on one or several levels, by one or by multiple actors. This distinctive dynamic, which the lawyer must be conscious of when passing from one context - national, international or European - to another, has an influence over the law, its uses and, sometimes, its content. This article is a general presentation of a three steps method: comparison, combination and hierarchization of the operations of the law in the national, international and European contexts.

      PubDate: Wed, 18 May 2016 22:19:21 GMT
       
  • Volume 21 Trade and public health: The WTO, tobacco, alcohol, and diet
           [Book Review]
    • Abstract: Ishikawa, Yoshimichi
      Review(s) of: Trade and public health: The WTO, tobacco, alcohol, and diet, by Benn McGrady, (Cambridge University Press, 2011), ISBN 9781107657564, 340 pages.

      PubDate: Wed, 18 May 2016 22:19:21 GMT
       
  • Volume 21 Evolutionary trends in maritime piracy: A possible assessment of
           eco-activists' conduct
    • Abstract: Dominelli, Stefano
      Ever since its 'birth', the conduct of piracy has shown a natural tendency to evolve, to change, and - under a legal perspective - to test and challenge traditional legal frameworks. Currently, one of the main issues is the correct legal qualification of 'eco-protesters', who oppose research or exploitation activities to protect the marine environment. Part of the case law has started to assess protesters' violent conducts on the high seas, showing tendencies of piratical qualification. In the present work, it is argued that - as international law stands nowadays - eco-activists cannot be qualified as pirates. Violent actions on the high seas should rather fall within the scope of application of the SUA Convention. This option would respect eco-activists' human rights without impairing states from the possibility to prosecute violent actions on the high seas. However, this emerging trend draws the attention on possible future developments in the field of maritime piracy.

      PubDate: Wed, 18 May 2016 22:19:21 GMT
       
  • Volume 21 Declining jurisdiction in the Hague's proposed judgments
           convention: Amalgamating the 'more appropriate forum' and the 'clearly
           inappropriate forum' tests to provide the optimal forum non conveniens
           clause
    • Abstract: Cook, Justin Paul
      Judicial cooperative efforts which focus on harmonising jurisdictional rules and the mutual recognition and enforcement of foreign judgments should advance certainty and predictability in international commercial litigation. Critically, the civilian and common law traditions adopt fundamentally different approaches to resolving conflicts of jurisdiction. The civil law system of lis pendens promotes procedural efficiency by applying the first-in-time rule whilst the common law technique for declining jurisdiction is governed by the doctrine of forum non conveniens. Moreover, different forms of this doctrine are applied throughout the common law world. Whilst the majority of common law courts apply the 'most appropriate forum' test, in Australia, a highly criticised variant of that analysis developed - the 'clearly inappropriate forum' test. In recent times, the Hague Conference on Private International Law has rekindled interest in producing a global judgments treaty. This article examines whether inter alia the forum non conveniens provision for declining jurisdiction in the proposed convention stands to benefit from an amalgam of the more appropriate forum and the clearly inappropriate forum tests. It is argued that, on the world stage, the narrow focus of the Australian test could be advantageous in bridging the ideological divide between the concepts of lis pendens and forum non conveniens.

      PubDate: Wed, 18 May 2016 22:19:21 GMT
       
  • Volume 21 The unknown territories of the national security exception: The
           importance and interpretation of art XXI of the GATT
    • Abstract: Kitharidis, Sophocles
      There has been a lack of proper examination of Article XXI, the national security exception of the GATT 1994, in current World Trade Organisation law discourse. It is only recently that this fundamental area has been subjected to full review. In the negotiations leading up to the formation of the WTO, it was decided by the states parties that the provision should not be separate, but rather placed together with the general exceptions of Article XX. This article will provide a comprehensive analysis of the ambiguous national security exception through an examination of the current discourse and case law. It will first describe the scope and justiciability of Article XX as well as Article XXI in order to demonstrate the foundations of the Articles and their limitations. In doing so, it will assess the use of both exceptions to analyse the invocation of the articles through the example of climate change. It will then discuss the non-controversial aspects of the national security provision in order demonstrate its justiciability and applicability. This article will further analyse the challenge of invoking the national security exception, and in doing so, incorporate a theoretical discussion on the WTO Panel's role in interpreting the national security exception. Finally, this article will provide an analysis on the future of the national security provision, elaborating on the issue of whether states are reluctant to submit Article XXI disputes to the WTO Panel.

      PubDate: Wed, 18 May 2016 22:19:21 GMT
       
  • Volume 21 Flight MH370: International law and how we use it
    • Abstract: Monks, Shane
      This article arises out of a seminar given to the Queensland chapter of the Australian branch of the International Law Association on 7 August 2014, about the loss of Malaysia Airlines flight MH370. It considers the historical development of the body of international law that underpins international air transport, international law that is relevant to the search for the missing airliner and the investigation of what caused the accident, international law issues applicable if the airliner was harmed deliberately, and the recovery of damages for the losses sustained. It will also suggest some possible future legal developments. The title of this article reflects the fact that the MH370 incident provides a valuable illustration about the complexity and reach of international law, and how it operates as a real and effective legal system that is essential to our everyday lives.

      PubDate: Wed, 18 May 2016 22:19:21 GMT
       
  • Volume 21 Coming to terms with a new role: The approach of the
           international court of justice to the interpretation of human rights
           treaties
    • Abstract: Gall, Chloe
      Human rights treaties are the principal source of human rights obligations at international law. The process of interpreting and applying these treaties has become an important function of regional human rights courts and bodies, and one that has led to the development of a 'special' approach to treaty interpretation. This article asks the following question: what occurs when a non-human rights body begins to play a role in the adjudication of human rights treaty disputes? This is a reality that the international legal community is now faced with in light of a number of recent cases heard by the International Court of Justice, the highest judicial arbiter of inter-state disputes. This article analyses the recent excursions the International Court of Justice has taken into the realm of human rights treaty interpretation. Ultimately, the author argues that the ICJ should take a teleological approach to interpreting human rights treaties in line with human rights courts and bodies. Such an approach will serve the dual purpose of enabling the ICJ to make significant contributions to the development of international human rights law and enhancing ICJ's own role in adjudicating human rights claims.

      PubDate: Wed, 18 May 2016 22:19:21 GMT
       
  • Volume 20 Issue No. - The culture of international arbitration and the
           evolution of contract law [Book Review]
    • Abstract: D'Silva, Magdalene
      Review(s) of: The culture of international arbitration and the evolution of contract law, by Joshua Karton, (Oxford University Press, 2013), ISBN 978-0199658008, 296 pages.

      PubDate: Tue, 14 Jan 2014 20:29:49 GMT
       
  • Volume 20 Issue No. - Transnational crime and human rights: Responses to
           human trafficking in the Greater Mekong Subregion [Book Review]
    • Abstract: Berg, Laurie
      Review(s) of: Transnational crime and human rights: Responses to human trafficking in the Greater Mekong Subregion, by Susan Kneebone and Julie Debeljak, (routledge, 2012), ISBN 978-0415594257, 296 pages.

      PubDate: Tue, 14 Jan 2014 20:29:49 GMT
       
  • Volume 20 Issue No. - ICSID case no ARB/10/5: 'Tidewater v Venezuela',
           decision on jurisdiction
    • Abstract: Yilmaz, Anil
      On 8 February 2013, an arbitration tribunal constituted under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States delivered its decision on jurisdiction in a case filed against the Bolivarian Republic of Venezuela ('Venezuela') by eight corporate entities ('Claimants'). The decision focused on whether Venezuela consented to submit disputes with the Claimants to ICSID. The bases of consent invoked by the Claimants were: (a) art 22 of the Venezuelan Law on the Promotion and Protection of Investments ('Investment Law'); and (b) the bilateral investment treaty between Venezuela and Barbados ('Venezuela-Barbados BIT'). Venezuela argued that neither of the instruments invoked by the Claimants could constitute valid consent under the ICSID Convention. In considering Venezuela's objections, the tribunal addressed two main questions. The first question was whether art 22 of the Investment Law constituted a standing offer to arbitrate under the ICSID Convention. The second question was whether insertion of an entity incorporated in Barbados into the upstream ownership structure of the Claimants' investment in Venezuela, allegedly in anticipation of the dispute, constituted abuse of the Venezuela-Barbados BIT.

      PubDate: Tue, 14 Jan 2014 20:29:49 GMT
       
  • Volume 20 Issue No. - Minister for Home Affairs of the Commonwealth v
           Zentai
    • Abstract: O'Brien, Melanie
      Australia has a lacklustre track record in the prosecution of war criminals and genocidaires, despite the existence of legislation enacted in 1945 and more comprehensive laws amending the Criminal Code Act 1995 (Cth) under the International Criminal Court (Consequential Amendments) Act 2002 (Cth). This has been a criticism levelled at the Australian governmental bodies responsible for investigation and prosecution over the past decade. In the 2012 Annual Report of Worldwide Investigation and Prosecution of Nazi War Criminals by the Simon Wiesenthal Center ('SWC'), Australia received a 'failing grade'. This grade was because Australia had the ability to take legal action against Holocaust perpetrators, but had failed to achieve significant positive results during the period under review. In April 2013, the SWC again allocated Australia a failing grade ('F-2'), with the decision discussed in this case note described as the 'most disappointing result in a specific case during the period under review'.

      PubDate: Tue, 14 Jan 2014 20:29:49 GMT
       
  • Volume 20 Issue No. - Eweida v United Kingdom
    • Abstract: Biddulph, Michelle; Newman, Dwight
      In January 2013, the European Court of Human Rights released its decision in Eweida v United Kingdom.1 The Court decided on applications in four freedom of religion cases, thus juxtaposing questions of religious clothing and its accommodation with more complex rights conflicts between religious beliefs and provision of services contrary to those beliefs. The Court ended the notion that the 'freedom to resign' resolves the former kind of case, although arguably it may still resolve the latter. Understanding why this is so, the progressive steps the Court has taken, and the questions it has failed to answer, requires some analysis. We commence with the facts, turn to the religious clothing context, then reflect more broadly on conflicts between freedom of religion and other rights, particularly in the context of comparative jurisprudence that the Court failed to examine.

      PubDate: Tue, 14 Jan 2014 20:29:49 GMT
       
  • Volume 20 Issue No. - Sitting on solid ground: The international legal
           basis for overseas sittings of the military court of Australia
    • Abstract: Wall, Patrick
      Legislation to establish the Military Court of Australia lapsed when the Commonwealth Parliament was prorogued ahead of the 2013 Australian federal election. Like the legislation that created the Australian Military Court (which the High Court declared unconstitutional in 2009), it purported to allow for court sittings on foreign soil. Before sitting in another country, however, the Military Court of Australia would need to have regard to 'the international legal basis' for its own presence there. This article examines the circumstances in which the proposed Court's power to sit in another country would be exercised in accordance with international law. It argues that an overseas sitting of the Military Court of Australia would be, as a matter of public international law, fundamentally different to an overseas hearing before any of the current mechanisms of Australian military justice. The article concludes that the Military Court of Australia would only have a sound 'international legal basis' for sitting in another country if it had express or implied consent to do so, or if Australia was engaged in a military occupation of the territory on which it sat.

      PubDate: Tue, 14 Jan 2014 20:29:49 GMT
       
  • Volume 20 Issue No. - 'Kiobel', the Alien Tort statute and the common law:
           Human rights litigation in this 'present, imperfect world'
    • Abstract: Webb, Owen
      In April 2013, the United States Supreme Court handed down its decision in Kiobel v Royal Dutch Petroleum, a ruling of great significance for those seeking to hold multinational corporations responsible for human rights violations in developing countries. For some time, non-US nationals have brought civil claims against corporations for violations of international law under an antiquated jurisdictional provision known as the 'Alien Tort Statute'. The success or failure of these actions has often turned on the various US District and Circuit courts' interpretations of this provision. Finally, after years of inconsistent application among lower courts, the Supreme Court in Kiobel has ruled that the Alien Tort Statute does not overcome the 'presumption against extraterritoriality', and will therefore not permit actions unless the circumstances of the case sufficiently 'touch and concern' the territorial jurisdiction of the United States. This paper considers the implications of this decision, and argues that certain questions carefully left open by the Court are likely to be answered, in the future, in further constraint of Alien Tort Statute jurisdiction. As a result, human rights plaintiffs are likely to shift their focus towards bringing common law tort claims in alternative forums. This paper explores the difficulties faced by plaintiffs seeking to do so in US state courts, Australia or the UK. If such difficulties can be overcome, however, for example through 'foreign direct liability' litigation, tort law does however provide plaintiffs with a number of advantages over the Alien Tort Statute. Indeed, history suggests that pursuing multinational corporations in common law tort may be more successful than ATS litigation has ever been in obtaining tangible redress for claimants.

      PubDate: Tue, 14 Jan 2014 20:29:49 GMT
       
  • Volume 20 Issue No. - The implications of 'Romak v Uzbekistan' for
           defining the concept of investment
    • Abstract: Musurmanov, Ilyas U
      The definition of 'investment' has become one of the most controversial issues in the determination of jurisdiction on investment arbitration. Several approaches to interpreting the term 'have appeared in international investment arbitration. This article traces recent developments and discusses the case of Romak v Uzbekistan, where the respondent argued that delivery of more than 40 000 tons of cereal did not constitute investment in accordance with the applicable Bilateral Investment Treaty ('BIT'). The tribunal in Romak advanced a new approach to the interpretation of the term 'investment'. This article analyses the implications of the case for BIT-making, legal doctrine, and international investment arbitration. It argues that the approach applied by the tribunal in Romak evinces the likelihood of smoothing differences in various tribunals' interpretation of the term 'investment'.

      PubDate: Tue, 14 Jan 2014 20:29:49 GMT
       
  • Volume 20 Issue No. - Amici Curiae in investor-state arbitrations: Two
           recent decisions
    • Abstract: Bastin, Lucas
      In decisions in the joined arbitrations of von Pezold v Zimbabwe and Border Timbers v Zimbabwe and in the Apotex v United States arbitration, investor-state arbitral tribunals rejected applications by non-disputing parties to participate as amici curiae. Some aspects of the reasoning rejecting the requests were entirely orthodox, such as the tribunals' reliance on the lack of assistance that the amici curiae would provide, their lack of an interest in the dispute and their inability to address an issue within the scope of the dispute. However, the decision in von Pezold/Border Timbers v Zimbabwe also used an unorthodox reason for rejecting the amici curiae request, namely that amici curiae must satisfy a criterion of 'apparent independence'. In doing so, the tribunal rejected the amici curiae request on a basis which was both unprecedented in investor-state arbitration and questionable in its approach to textual interpretation and the consequences it generated.

      PubDate: Tue, 14 Jan 2014 20:29:49 GMT
       
  • Volume 20 Issue No. - Conceptualising Australian citizenship for children:
           A human rights perspective
    • Abstract: Rubenstein, Kim; Field, Jacqueline
      Australia's first National Children's Commissioner was appointed in 2013. One of the Commissioner's key functions is to examine whether Commonwealth legislation recognises and protects the human rights of children in Australia. A fundamental starting point for this examination is Australia's citizenship law. Australian citizenship is governed by the Australian Citizenship Act 2007 (Cth) ('Act'). In this article, we highlight two key issues for the Commissioner in examining the Act. First, citizenship is a concept that extends beyond the Act. While the Act confers citizenship as a legal status, children's citizenship can also be conceptualised as rights, political engagement and identity. These aspects are reflected by the United Nations Convention on the Rights of the Child ('Convention'). Second, when examined in light of the Convention, the Act is deficient in the way it protects the human rights of children. The Act lacks flexibility for decisionmakers to consider children's best interests and fails to protect their human rights of non-discrimination, participation and identity. These deficiencies form the basis of an argument for reform.

      PubDate: Tue, 14 Jan 2014 20:29:49 GMT
       
  • Volume 20 Issue No. - Indefinite security detention and refugee children
           and families in Australia: International human rights law dimensions
    • Abstract: Saul, Ben
      Under Australian law, the children of refugee parents executively assessed as national security risks can be indefinitely held in administrative detention without effective judicial safeguards. This article examines the international human rights law impacts of adverse security assessments affecting refugee parents, children and families in Australian immigration detention centres. It argues that the Australian approach involves arbitrary interference in family life under the International Covenant on Civil and Political Rights ('ICCPR') art 17(1) and a related failure to protect family life under the ICCPR art 23(1); a failure to take into account the best interests of the child under art 3(1) of the Convention on the Rights of the Child ('CRC') and art 24(1) of the ICCPR; and arbitrary detention of children under art 9 of the ICCPR and art 37(b) of the CRC. In doing so it indicates the procedural reforms necessary to bring Australian law and practice into conformity with its international obligations.

      PubDate: Tue, 14 Jan 2014 20:29:49 GMT
       
  • Volume 20 Issue No. - Of relative rights and putative children: Rethinking
           the critical framework for the protection of refugee children and youth
    • Abstract: Crock, Mary E
      This article is about a complex policy problem for governments everywhere: the phenomenon of children and young people presenting as forced migrants, either alone or in the company of responsible adults. The special vulnerability of children in situations of displacement is apparent and (typically) is readily acknowledged. Rather than responding directly and simply to the needs of the embodied child, however, governments have found serial justifications for denying protection and for adopting policies that harm, rather than help, the children in question. Using as a case study Australia's recent response to children presenting as unauthorised maritime arrivals ('UMA'), the article explores the discourses that have developed to deny children rights that are enshrined in international law. I argue that these have centred around three disabling ideas. The first is that the rights of children are compromised by their standing relative to the rights and interests of adults. The second is that the rights of refugee children and youth are affected by their status as non-citizens or aliens. This is because rights vested under international law will only have meaning if 'enabled' by domestic law. The third challenge to the notion of rights in refugee children and youth revolves around the perceived imperative that countries adopt measures to deter irregular migration. The idea is that policies must be set so as to deter adults from placing refugee children and youth in situations of peril by sending them alone in search of asylum. The protection of the putative child is invoked in defence of policies that are acutely harmful to embodied children. In Australia's case, examples of such policies are found in the mandatory detention of undocumented refugee children and youth and the decision to deflect UMA children and youth to regional processing centres on Nauru and Papua New Guinea's Manus Island. Without denying the difficulties governments face in these matters, I argue that Australia's laws and policies have now reached a tipping point. The very concept that refugee children and youth might be rights bearers has been put in question.

      PubDate: Tue, 14 Jan 2014 20:29:49 GMT
       
  • Volume 20 Issue No. - Comment: The CRPD and children with disabilities
    • Abstract: McCallum, Ron; Martin, Hannah
      This comment considers how international law responds to children with disabilities, particularly children with disabilities in situations of forced migration. We argue that the Convention on the Rights of Persons with Disabilities ('CRPD') revolutionises the way international law responds to people with disabilities, particularly children. This comment recognises the established status of children as rights bearers deserving of special protection under international law and examines how the CRPD interacts with and builds upon two existing human rights treaties. We argue that the CRPD and its expert monitoring committee are uniquely placed to offer a constructive, rights-based framework for the protection of children with disabilities.

      PubDate: Tue, 14 Jan 2014 20:29:49 GMT
       
  • Volume 20 Issue No. - Address: Creating new futures for all children: The
           promise of international human rights law
    • Abstract: Lee, Yanghee
      This address focuses on the intersection of a series of difficult issues in the area of human rights: childhood, youth, disability, and situations of forced migration. A brief historical background to the efforts made by the international community in setting norms and standards to create a new future for all children. Two very important international instruments, the Convention on the Rights of the Child and the Convention on the Rights of Persons with Disabilities are discussed. References are made to UN Committee on the Rights of the Child's outcome recommendations regarding children and their rights in the context of migration. The address concludes with an introduction to the newly adopted Optional Protocol to the Convention on the Rights of the Child on a communications procedure.

      PubDate: Tue, 14 Jan 2014 20:29:49 GMT
       
  • Volume 20 Issue No. - Introduction to a mini symposium: Creating new
           futures for all: International law and the protection of migrant children
           at risk
    • PubDate: Tue, 14 Jan 2014 20:29:49 GMT
       
 
 
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