Tag: international law

An Intangible Way Forward: The Juukan Gorge Inquiry and the Future of First Nations Heritage Law in Australia

BY LUCAS LIXINSKI

This post is one in a two-part special series looking at the report of the parliamentary inquiry into the destruction of 46,000 year old caves at the Juukan Gorge in the Pilbara region of Western Australia. See Read the rest

Can Clive Palmer use Investor-State Dispute Settlement to get what the High Court wouldn’t give him?

BY JONATHAN BONNITCHA

This is the second of two posts AUSPUBLAW is featuring on the High Court’s Decision in Mineralogy v WA. Anne Twomey’s accompanying post is here.

The High Court’s decisions in Mineralogy v WA and Palmer Read the rest

The Migration Amendment (Clarifying International Obligations for Removal) Act 2021: A case study in the importance of proper legislative process

BY SANGEETHA PILLAI

On 13 May 2021, the Migration Amendment (Clarifying International Obligations for Removal) Act 2021 (Cth)(‘Clarifying International Obligations Act’) was passed by both houses of federal Parliament, with bipartisan support. Its enactment was met with … Read the rest

The confused construction of ‘non-refoulement’ in the Ministerial Directions for visa cancellations

BY CHRIS HONNERY

The number of visa cancellations on character grounds has increased by over 1100 per cent in the wake of December 2014 amendments to the Migration Act 1958 (Cth) (the Act). While outlining all the ways a visa … Read the rest

Climate change and human rights to collide before the United Nations Human Rights Committee

BY EBONY BACK AND REBECCA LUCAS

Introduction

There has been a spate of legal actions (both domestic and international) around the world in the past few years attempting to hold governments accountable for their inaction on climate change and the … Read the rest

The Northern Territory Court of Appeal Goes Off the Beaten Track

BY CHRIS RONALDS SC AND CRAIG LONGMAN

In the recent decision of Munkara v Bencsevich & Ors, the Northern Territory Court of Appeal appears to have adopted an interpretation of s 10 of the Racial Discrimination Act 1975 (Cth)Read the rest

SZTAL: International Law and Australian Parochialism

BY DOUGLAS MCDONALD-NORMAN

 

Australia has non-refoulement obligations under article 3 of the Convention against Torture (“CAT”) and article 7 of the International Covenant on Civil and Political Rights (“ICCPR”) – that is, obligations not to return asylum seekers … Read the rest

Aliens, Executive Power, and the Rule of Law

BY SUE MILNE

The Rule of Law requires that all, including the legislative, executive and judicial branches of government, are subject to the law. But what is the relevant law to which all are subject? In Plaintiff S195/2016 v Minister Read the rest

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