1 Australian New Zealand Society of International Law AUSTRALIAN & NEW ZEALAND SOCIETY OF INTERNATIONAL LAW (ANZSIL) CENTRE FOR INTERNATIONAL AND PUBLIC LAW (CIPL) ANNUAL MEETING AND CONFERENCE INTERNATIONAL LAW AND SECURITY IN THE POST-IRAQ ERA: WHERE TO FOR INTERNATIONAL LAW? UNIVERSITY HOUSE, AUSTRALIAN NATIONAL UNIVERSITY, CANBERRA 18-20 JUNE 2004 Conference Program FRIDAY 18 JUNE – INTERNATIONAL AND HUMAN SECURITY 8.30am Registration and Coffee 9.00am Uni House HALL Opening and Keynote Address Chair: Professor Hilary Charlesworth (Director, Centre for International and Public Law, Australian National University) Senator the Hon. Robert Hill, Minister for Defence 2 10am Morning Tea 10.30am Uni House HALL Panel 1: International Security, Human Security and the Responsibility to Protect Chair: Professor Hilary Charlesworth (Director, Centre for International and Public Law, Australian National University) Bishop Tom Frame (Anglican Bishop to the Australian Defence Forces) “Just War Theory and Humanitarian Intervention” Associate Professor Anne Orford (Faculty of Law, University of Melbourne) “The Landscape of Peace and Security: The Responsibility to Protect report and the work of the UN High-Level Panel on Threats, Challenges and Change” Scott Sheeran (New Zealand Ministry of Foreign Affairs and Trade) “The Development of Rule of Law Strategies for United Nations Peacekeeping Operations” Professor William Maley (Asia Pacific College of Diplomacy, Australian National University) “The Responsibility to Protect in Hard Cases: Rwanda and Iraq” 12.30pm Lunch and ANZSIL Council Meeting 1.30pm Uni House HALL Panel 2A:Terrorism and Transnational Crime Chair: Alex Conte (Faculty of Law, University of Canterbury) Dr Neil Boister (School of Law, University of Canterbury) “Regional Cooperation in the Suppression of Transnational Crime in the South Pacific: The Honiara Declaration on Law Enforcement Cooperation and Beyond” Treasa Dunworth (Faculty of Law, University of Auckland) “The ‘war on terror’: a view from New Zealand” Associate Professor Greg Rose (Faculty of Law, University of Wollongong) “Towards an ASEAN Counter-Terrorism Treaty” Uni House COM/RM Panel 2B: Non-Proliferation Chair: CAPT Dave Letts RAN Rebecca Irwin (Office of International Law, Attorney-General’s Department) “The Proliferation Security Initiative” Dr Tanya Ogilvie-White (School of Political Science and Communications, University of Canterbury) “China’s Response to Nuclear Breakout and Noncompliance: Pursuing ‘Harmony Without Uniformity’” Dr Robert Mathews (Department of Defence) “Raising the Barriers to the Acquisition of WMD by Non-State Actors: The Role of Arms Control” 3.00pm Afternoon Tea 3 3.30pm Uni House HALL Panel 3A:Intervention Chair: Dr Pene Mathew (Centre for International and Public Law, Australian National University) Alex Conte (Faculty of Law, University of Canterbury) “Self-Defence and the United Nations Security Council” Andrew Garwood-Gowers (Faculty of Law, Queensland University of Technology) “The Right of Self-Defence under International Law: Where does it stand after Afghanistan and Iraq?” Dr Gerry Simpson (London School of Economics) “Negotiating with Myself: Tony Blair and Texan International Law” Professor Tony Anghie (Utah) “The Bush Pre-emption Doctrine and International Law” Sonja Litz (Attorney General’s Department/Australian Federal Police) “Australia’s recent deployments – status issues for Australian personnel” Uni House COM/RM Panel 3B: Human Security Chair: Dr Ann Kent (Centre for International and Public Law, Australian National University) Dr Michael Barutciski (Director, Diplomacy Programme, University of Canterbury) “International Law and Responses to Mass Refugee Flows” Jo Ford (Faculty of Law, Australian National University) “Global Public Health as a Security, Foreign Policy and International Law Issue” Steven Freeland (University of Western Sydney) “Human Security and the Environment: Prosecuting Environmental Crimes in the International Criminal Court” Gabrielle Simm “The Refugees Convention and Australian practice: women refugees and gender related persecution” 5.30pm Close Reception: Common Room, University House 6.30pm Reception close 4 SATURDAY, 19 JUNE 8.30am Registration and Coffee 9.00am Uni House HALL Panel 4A: International Law and Gender (joint panel with Japanese Society of International Law facilitated by the Australian Network of Japanese Law (ANJeL)) Chair: Dr Kent Anderson (Faculty of Law, Australian National University) Professor Hilary Charlesworth (Director, Centre for International and Public Law, Australian National University) Associate Professor SHIN Hae Bong (Aoyama Gakuin University) “Retrieving Gender-Legitimacy in International Law: Trends and Prospects of Gender Perspective” Professor Etsuro Totsuka (Ryukoku University) “Impunity and the Japanese legal system – the case of military sexual slavery” Uni House COM/RM Panel 4B: International and Transational Criminal Law Chair: Robin Warner (Attorney-General’s Department) Emilia Della Torre (School of Law, University of New England) “Striking at the heart of terrorism: When will a State be held responsible for the conduct of a private individual?” Justin Hogan Doran (Selborne Chambers, Sydney) “Wider still and wider? The broadening of Command Responsibility for Past War Crimes” Sally McKechnie (Crown Law Office, Wellington) “Punishing the Unruly: Extraterritorial Jurisdiction and Minor Aviation Crime” 10.30am Morning Tea 11.00am Uni House HALL Panel 5A: International Environmental Law Chair: Don Anton (Australian Centre for Environmental Law, Australian National University) Teall Crossen (Environmental lawyer) “Legitimising International Environmental Law: A Critique of the Kyoto Protocol Compliance Regime” Dr Caroline Foster (Faculty of Law, University of Auckland) “Transnational Risk and the Proceduralisation of International Law on the Environment” Joanna Mossop (Faculty of Law, Victoria University of Wellington) “Cartagena to Honiara: Implementing International Environmental Law in the Pacific Region” Rachel Baird (School of Law, Deakin University) “The Corporatisation of high seas fisheries: Implications for regional and international fisheries management” 5 Uni House COM/RM Panel 5B: International Legal Systems: Fragmentation or Integration? Chair: Andrew Serdy (Department of Foreign Affairs and Trade) Mark Jennings (Office of International Law, Attorney General’s Department) “WTO law and International law: Mapping the relationship” Megan Davis (Jumbunna Indigenous House of Learning, University of Technology, Sydney) “International Trade Law and Indigenous Peoples: New Directions in International Advocacy?” Gillian Moon (Faculty of Law, University of New South Wales) “Human Rights and WTO Law” Adam McBeth (Deakin University) “Breaching the Vacuum: A Consideration of the Role of International Human Rights Law in the Operation of International Financial Institutions” 12.30pm Lunch and ANZSIL Annual General Meeting 2.00pm Uni House HALL Panel 6A: Human Rights Chair: Kate Eastman (St James Chambers, Sydney Bar) Colin Fenwick (Centre for Employment and Labour Relations Law, University of Melbourne) “The impact of globalisation on human rights: a case study of prisoners’ labour” Paula Gerber (Law School, University of Melbourne) “Peering into Dark Corners: Examining the Effectiveness of Human Rights Treaties” Justine Nolan (Faculty of Law, University of New South Wales) “Human Rights Responsibilities of Multinational Corporations – Tracking the Progression from Voluntary to Mandatory” Dr Abdul Rahman bin Awang (Faculty of Law, International Islamic University Malaysia) “Human Rights: An Islamic Perspective” Uni House COM/RM Panel 6B: International Legal Process – Municipal/International Interface Chair: Treasa Dunworth (University of Auckland) Madelaine Chiam (Centre for International and Public Law, Australian National University)/Devika Hovell (Gilbert + Tobin Centre for Public Law, University of New South Wales) “Cigarettes and Rights: Observations from Case Studies of Australian Treaty Negotiation” Dr Sarah Joseph (Castan Centre for Human Rights Law, Monash University) “The battle over the Alien Tort statute: Sosa v Alvarez in the US Supreme Court” Natalie Klein (Division of Law, Macquarie University) “Avena and Other Mexican Nationals: How the International Court of Justice lost its crown” 6 Daniel Lovric (Commonwealth Office of Parliamentary Counsel) “Dealing with legislation in international human rights tribunals: the case of the ECHR” 3.30pm Afternoon Tea 4.00pm Uni House HALL Panel 7: The Year of International Law in Review Chair: TBC Dr Greg French (Department of Foreign Affairs and Trade) Renee Leon (Office of International Law, Attorney-General’s Department) Julian Ludbrook (Ministry of Foreign Affairs and Trade, Wellington) Sally McKecknie (Crown Law Office, Wellington) 5.45pm Close 7.00pm for 7.30pm Conference Dinner The Lobby Restaurant, King George Terrace, Parkes Guest Speaker: Hon. David Hunt AO QC 7 SUNDAY, 20 JUNE 9.00am Registration and Coffee 9.30am Uni House COM/RM Panel 8: International Criminal Justice: Approaches at The Hague and US Military Commissions Chair: David Mason (Defence Legal Service, Department of Defence) Dr Fleur Johns (Centre for International and Global Law, University of Sydney) “Laws of the Camp” Professor Tim McCormack (Faculty of Law, University of Melbourne) “International Law Aspects of the Milosovic Trial” Grant Niemann (School of Law, Flinders University) “State Military War Crimes Commissions/Tribunals – means to an end – justice denied” 11.00am Morning Tea 11.30am Uni House COM/RM Panel 9: Enhancing Security through International Institutions: Is it time for a new approach? Chair: Professor Donald R. Rothwell (President, ANZSIL) Stephen Bouwhuis (Office of International Law, Attorney-General’s Department) “A Constitutional Approach to the Charter” Alberto Costi (Faculty of Law, Victoria University of Wellington) “Architects of a better world? A look back at the UN Conference on International Organization and its impact on the future US-UN relationship” Professor Chris Reus-Smit (Head, Department of International Relations, Australian National University) “The UN system and its capacity to respond to the new international security environment” Dr Shirley Scott (School of Politics and International Relations, University of New South Wales) “Australia’s proposals for reform of the UN Charter” 10 June at 10.30pm