No Country is an Island: Australia and International Law
(UNSW Press: Sydney, 2006) (with Professor Hilary Charlesworth,
Madelaine Chiam and Professor George Williams). [Highly Commended,
Australian Human Rights Awards 2006]
International law does not seem immediately relevant to domestic
Australian politics and law, let alone to our everyday lives. Yet,
as this essential book shows, international law has a growing
significance for trade, human rights, crime, terrorism and climate
change. This is a highly readable, timely and important book that
shows that while international law can seem remote, there is an
urgent need to understand it and for its processes to be as
transparent as possible.
The Fluid State: International Law and National Legal Systems
(Federation Press: Sydney, 2005) (edited with Professor Hilary
Charlesworth, Madelaine Chiam and Professor George Williams).
Described as ‘a valuable contribution to contemporary scholarship in the
strongly comparative approach it performs and develops’ providing ‘a rich sense
of the range of effects produced by the choice to refer to law in the
administration of international matters when that choice is made in the fact of
the “war on terror”, human rights violations and economic globalisation’.
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'A Dialogue Model: The Role of the Domestic Judge in Security Council
Decision-Making' Leiden Journal of International Law (2013) 25 (3)
This article proposes a different theoretical account of the
role of domestic courts when engaged in judicial review of decision-making by
international institutions. Many domestic courts in democratic societies operate
in accordance with a ‘public-law model’ when adjudicating questions related to
international decision-making, underwritten by respect for doctrines such as the
rule of law and separation of powers. Drawing on a case study of domestic-court
decisions in the Security Council sanctions context, this article seeks to
demonstrate how the public law model’s focus on concepts of ‘bindingness’ and
hierarchy between judicial and political organs can lead to distorted outcomes
when applied to decision-making by international institutions. As an
alternative, the author proposes a different theoretical account of the judicial
role, described as the 'dialogue model', of courts when engaging in the review
of Security Council decision-making. The idea is that domestic courts should
confine themselves to tools of 'interpretation' and 'declaration' in their
approach to international decision-making, so as to position their judgments in
amore theoretically supportable way in the broader legal context.
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The Gulf Between Tortious and Torturous: UK Responsibility for Mistreatment of
the Mau Mau in Colonial Kenya' Journal of International Criminal
Justice (2013) 11 (1) p.223-245
Analyses the Queen's Bench Division judgment in Mutua v
Foreign and Commonwealth Office on whether the UK Government was liable for
the abuse of Kenyan Mau Mau detainees by the colonial administration in the
1950s and 1960s on the basis of: (1) primary liability; (2) vicarious liability;
(3) its alleged succession to the colonial government's primary liability on
Kenya's independence; or (4) negligence. Discusses the significance of the fact
that UK law does not recognise a tort of torture for each liability decision.
Outlines the court's later ruling on whether the action was time-barred.
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full text via OUP [ON CAMPUS]
click here for full text via OUP [OFF CAMPUS]
'The Deliberative Deficit: Transparency, Access to Information
and UN Sanctions' in Jeremy Farrall and Kim Rubenstein, Sanctions
Accountability and Governance in a Globalized World (Cambridge University
Press, 2009), pp 92-122.
'A Tale of Two Systems: The Use of International Law in Constitutional
Interpretation in Australia and South Africa' (2005) 29 Melbourne University
Law Review 95 (with George Williams), pp 95-130.
'Advice to the Hon Simon Crean MP on the use of force against
Iraq' (2003) 4(1) Melbourne Journal of International Law 183 (with George
Williams), pp 183-189.
'Deep Anxieties: Australia and the International Legal Order'
(2003) 25 Sydney Law Review 423 (with Hilary Charlesworth, Madelaine
Chiam and George Williams), pp 423-465.