Message from the Chair
Dear ILS members,
Thank you all for your engagement and participation in the work of the ILS this year.
2022 has been a challenging year. Our transition from lockdowns and managing the difficulties which have arisen from the COVID-19 pandemic has provided an opportunity for us to reflect on the future direction of the Section and re-engage with overseas connections as international travel has re-opened...
Earlier in the year, the ILS Executive adopted its new ILS 2022-2023 Strategic Plan which articulates the vision of the Section and current areas of strategic focus. The ILS also restructured its committees... Read more
Mary Walker OAM
Chair, International Law Section
International Bar Association Conference Miami 2022
Over 5,000 lawyers (including many Australians) attended the International Bar Association’s Annual Conference in Miami Beach in the first week of November.
This was the first time in three years that lawyers from around the globe were able to meet, exchange ideas and discuss cutting edge issues in every facet of the law. Of particular interest were the sessions relating to the situation in the Ukraine following the Russian invasion and the plans of the Ukrainian government, aided by lawyers from around the world, to hold the perpetrators of atrocities accountable, to obtain compensation for victims and to fund the reconstruction of Ukraine when the war ends.
On Thursday, 3 November, the Law Council of Australia, assisted by Fred Chilton, Executive Member of the International Law Section, hosted a reception featuring a tasting of fine Australian wines in the high-rise premises of Jones Day in downtown Miami. The Law Council has for many years hosted a social function during the IBA Annual Conference as an opportunity to promote the Law Council and Australia’s legal profession, and create opportunities for Australian legal practitioners attending the Conference. In addition to our thanks to the Australian and US partners of Jones Day for generously providing their premises, grateful thanks are due to Tyrrells in the Hunter and d'Arenberg in McLaren Vale, both leading family owned multi-generational wineries, for generously donating the wines for the tasting. The event was regarded by those attending as one of the highlights of the Conference.
Remote Work – Post Pandemic – An Immigration Lawyers Perspective
Although Covid-19 restrictions are beginning to ease around the world, many people continue to work remotely, aided by ever-improving technology. In Australia, the Families in Australia Survey: Towards COVID Normal found that among employed respondents, 67 per cent were sometimes or always working from home, compared to 42 per cent pre-Covid-19.
This is a particular concern for those working with visas, as Australia is home to over 1 million temporary visa holders. Since remote work came into play, a major portion of temporary Australian visa holders were made redundant. In many situations, these Australian visa holders lost their income stream and, in many cases, remaining in Australia created compliance issues for various visa subclasses, particularly through employer-sponsored visas. As a result, workers quickly returned to their home country where possible...
Modern Slavery Reform – Punishing the victims and why this must stop – Non-Punishment Principle in Australia
Modern slavery and skilled migration are interconnected. Modern slavery exists in many situations, including where sponsoring companies take advantage of migrant workers who often have limited English and can be forced to undertake illegal activities and then subsequently threatened by their employer that they will be reported to immigration authorities and deported.
The Australian Government has recognised these problems and is trying to prevent these cycles of abuse. To this end, Australia’s Modern Slavery Act was enacted in 2018. Currently, the non-punishment principle is not Australian policy or law. However, in Australia there has been a discussion about introducing legislation which will protect victims for offences committed during a period when a migrant worker has been exploited...
Recent developments in relation to international trade and services
In 2019 – 2020, professional services were Australia’s third largest export accounting for $6.1 billion. Services, and professional services in particular, are a key trade priority for Australia, representing a significant portion of Australian exports and an area of competitive advantage globally. However, progress on trade liberalisation has been difficult and uneven.
Since the collapse of the Doha Round, of multilateral trade negotiations in 2006 the process of liberalising trade in services internationally has continued plurilaterally, primarily through the negotiation of bilateral and regional free trade agreements (FTAs).
Pending the conclusion of negotiations for a multilateral Trade in Services Agreement (TiSA) that would set new international standards in services liberalisation amongst 53 like-minded countries, Australia and other countries have continued to focus their energy and attention on achieving services liberalisation through bilateral and regional FTAs. Common to the chapters on trade in services, particularly professional services, in these FTAs, is an institutional structure the purpose of which is to facilitate transnational dialogue between, among others, professional bodies such as the Law Council of Australia. This contribution will discuss this aspect of the new generation of trade agreements with reference to a selection of FTAs that have recently been concluded or entered into force, and speculate on those under negotiation.
Australian experts appointed as UNIDROIT Correspondents for 2022 – 2025
Eight senior Australian lawyers across government, the private sector and academia have recently been appointed as Pacific region Correspondents for the International Institute for the Unification of Private Law (UNIDROIT)
An independent intergovernmental organisation based in Rome, UNIDROIT is one of the three major legislative organisations working in the fields of international private law and international commercial law, alongside the United Nations Commission for International Trade Law (UNCITRAL) and the Hague Conference on Private International Law (HCCH).
The newly appointed Australian Correspondents will work alongside the three appointed New Zealand Correspondents to collectively promote the work of UNIDROIT in the Pacific region, with a focus on three key objectives.
