Message from the Chair

Second, as you are aware, the International Law Section has been developing engagement with lawyers and others interested in transnational and international law matters, trade and business practice, migration and human rights issues. In pursuing this goal, the International Law Section presented a Young Lawyers Summit earlier this year at the offices of Allens Linklaters. A special thank you to Allens Linklaters and Negotiated Solutions Pty Limited, our sponsors of the event. The half-day Summit was held for young Australian lawyers interested in international law issues and careers in international law and practice. The keynote speaker was Professor Donald R. Rothwell, Professor of International Law at the Australian National University, who spoke on the topic of ‘The International Criminal Court and the Arrest Warrant for President Vladimir Putin for the Alleged Deportation of Ukrainian Children and War Crimes’. An article is included in this newsletter noting the sessions topics and presenters with photographs highlighting the event. What was special about this event was not only the high calibre of the speakers but that each panellist spoke of their career journey and special panel presentations were provided by young lawyers highlighting careers in international law. Thank you to those involved.

Read more 

ILS Young Lawyers Summit – 18 May 2023 – Sydney 

L-R: Paige Upatising, Sarah Webster, Joshua Banks, Gigi Lockhart, Daye Gang and Emily Moore 

On 18 May, Mary Walker OAM, the Chair of the International Law Section, welcomed over 40 participants of all ages and career stages with an interest in international law to the inaugural Young Lawyers Summit, generously hosted by Allens.

His excellency, Mr Vasyl Myroshnychenko, the Ukrainian ambassador to Australia, had agreed to provide the key-note speech but, unfortunately, was recalled to Kyiv at short notice. In his place, Professor Don Rothwell from ANU gave us a superb oversight of the world relating to international crimes and in particular, the development of and operation of the International Criminal Court. His review, in particular, referred to Russia’s invasion of Ukraine, the arrest warrant for Vladimir Putin in relation to the unlawful deportation and transport of children and proposals to handle the crime of aggression by way of a special tribunal.

This was followed by Ms Daye Gang from the Victorian Bar who spoke about her work for an NGO that is providing a platform for North Korean victims of the regime’s crimes against humanity to tell their stories. She explained how young lawyers could get involved helping other NGOs on the legal issues tied up with human rights issues such as supply chains based on slave and child labor.

This was followed by a panel of Ms Ann McNaughton from ANU and Ms Jo Feldman from Norton Rose Fulbright, who are the Co-Chairs of the ILS Trade and Business Committee, along with Mr Daniel Allman from Norton Rose Fulbright and Ms Avryl Lattin from Clyde & Co. All spoke of how their careers have developed while involving international law matters. Avryl worked with DFAT in relation to many free trade agreements, especially the India Australia FTA. Dan spoke of his involvement with digital trade and spoke of his work in New York on the international arbitration team that represented the state of Ukraine and various Ukrainian corporations in relation to claims arising from the Russian occupation of Crimea. Subsequently, he has been involved with cross border data transfers and data localisation issues. Jo has been involved with looking at tariffs on digital transfers and crypto-currency disputes and the impact of current US/China tensions.

ILS Executive member, Ms Anne O’Donoghue, then introduced a pre-recorded video from Baroness Helena Kennedy KC, the chair of the International Bar Association’s Human Rights Commission, speaking about Afghan women judges and how a group of women lawyers assisted women judges to leave Afghanistan and find refuge in other countries, in particular: Australia, Britain, Ireland and Canada.

Dr Jason Etheredge, a neuroscientist and psychiatrist, then spoke of his work with WHO in assisting traumatized children who had been exposed to war and natural calamities such as cyclones. Dr Etheredge explained the physical and psychological impacts of chronic trauma and ways to restore resilience in children.

The final session was hosted by the Law Society of New South Wales Young Lawyers and its President, Ms Olivia Irvine. The audience heard from Mr Mohamed Naleemudeen of his work in dealing with transnational crime and Mr Joshua Banks from Mr Clifford Chance on his work on International Arbitration, particularly ISDS disputes. Ms Danielle Kroon of Marque Lawyers explained her journey which included studying for her Masters degree in New York and how her proposed career in academia had switched to private practice in litigation. The panel concluded with Mr Fred Chilton, a member of the ILS Executive, who reflected on his career as a commercial lawyer and his involvement in international law from studies at Sydney University and Harvard Law School through to work on transborder transactions and international trade issues.

Thanks again to our host, Allens, for providing us a superb venue as well as food and drink. We all look forward to the Summit becoming an annual event.

The Most Influential Leading Lawyers in Australia
– Most Influential Lawyers 2023 –
Anne Frances O’Donoghue

Anne Frances O’Donoghue, Principal Solicitor and Director, Immigration Solutions Lawyers

Australasian Lawyer is thrilled to announce that Ms Anne Frances O’Donoghue is recognised as one of the “2023 Most Influential Lawyers”. With over 30 years as a dedicated immigration law specialist, she’s impacted countless lives. Her unwavering commitment to human rights, ethics, and fighting modern slavery makes her a leading figure in Australian immigration law.

“In order to achieve client outcomes and systemic change, you need to rock the boat, even if the advice is don’t rock the boat,” said Ms O’Donoghue.

Anne’s inspiring achievements have rightfully earned her this prestigious title. Congratulations, Anne!

The third edition of Australasian Lawyer’s Most Influential Lawyers acknowledges the professionals whose dynamism and capacity to challenge the status quo make a meaningful difference to their clients. Industry expert Ms Rachel Besley, legal practitioner director and partner at Deloitte, says, “When I think about what makes for an influential lawyer, it’s a trusted adviser who thinks outside the box, is not afraid to challenge the status quo, and is also genuinely interested in investing back in the profession.”

That’s reaffirmed by another industry expert, Law Council of Australia President, Mr Luke Murphy, who lists the skills the influential lawyers offer:

• facilitate access to justice for all members of the Australian community; 
• provide a voice to those who might otherwise not be heard; 
• play a unique role in times of crisis, such as natural disasters;
• provide a safety net in the face of uncertainty and loss; and
• give back through formal and informal mentoring. 

Anne is a longstanding Member of the of the International Law Section of the Law Council of Australia for over 30 years, and Member of Executive of International Law Section since December 2012.

Margery Nicoll

The Deputy Chief Executive of the Law Council of Australia, Ms Margery Nicoll, became a Member of the Order of Australia in the 2023 King’s Birthday Honours.

After beginning her career as a practising lawyer in 1980, Margery joined the Law Council of Australia in 1986 and has served as Deputy Chief Executive Officer since 2009, including several periods of acting as the Chief Executive Officer.

Margery’s work has included support of an independent legal profession and judiciary in the South Pacific, the establishment of an international program for Australian lawyers, as well as becoming the first Australian and female to chair the International Bar Association’s Bar Issues Commission. 

Margery has recently completed eight years on the Management Board of the International Bar Association. 

All the members of the Law Council of Australia warmly congratulate Margery on receiving this award as an appropriate acknowledgment of her exemplary professional service and commitment to the Australian legal profession.

The International Law Section 2023 essay competition
is now open!

Entry requirements

Essays are to explore 'The Efficacy of Existing Cross Border Dispute Resolution Mechanisms in the South Pacific Region'.

Candidates have the option of submitting previously published work of up to 5,000 words or an original work not exceeding 3,000 words. 

Candidates will be asked to authorise their essay for publication by the International Law Section, which may publish the winning essay on the Law Council website. 

The winner will receive a prize value of up to $500.00 (AUD). 

Eligibility

To be eligible, a candidate must be a citizen of, or studying in, American Samoa, Australia, Cook Islands, Fiji, Kiribati, Marshall Islands, Nauru, New Zealand, Niue, Norfolk Island, Papua New Guinea, Samoa, Solomon Islands, Timor Leste, Tonga, Tuvalu, or Vanuatu.

Key dates

Deadline for submissions is COB Tuesday, 28 November 2023.

Essays will be judged by the ILS South Pacific Issues Committee and the winner will be announced at the ILS Annual General Meeting on Tuesday, 12 December 2023.

Submit your entry

Please email completed essay to doris.wimmler@lawcouncil.au by COB Tuesday, 28 November 2023.

For more information about the competition, please contact the Section Administrator at doris.wimmler@lawcouncil.au.
 

Modern Slavery
by Ms Anne O’Donoghue and Ms Diane Marakantonakis

A migrant woman’s passport was seized, her phone calls to her family overseas were monitored and she was threatened to face deportation if she did not work “hard enough” in the cake business that her alleged perpetrators were operating.^[1] This occurred in Australia in 2021 and is not an uncommon situation for many in Australia. More recently, in mid-June 2023, a couple in Melbourne was brought to court over allegations that they kept a woman as a slave in their home for 10 months in 2022^[2]. The couple was charged with three modern slavery offences- possessing a slave, controlling a slave, and using threats and coercion to ensure the victim remained in servitude^[3].

Over the past five years, the Migrant Justice Institute surveyed over 15,000 migrant workers. These studies consistently found that around three quarters of migrant workers earned below the casual minimum wage in Australia, and a quarter earned less than half that. Nine in ten underpaid workers suffered in silence and took no action.”^[4] Australia has sought to address modern slavery, including the introduction of the Modern Slavery Act 2018 (Cth). The key measures are:

• Australian entities with a minimum annual consolidated revenue of A$100 million are required to report under the Act.
• Reporting entities need to prepare an annual modern slavery statement addressing mandatory criteria including the potential modern slavery risks in the entity’s operations and supply chains, as well as the actions that the entity has taken to assess and address those risks.
• The Minister of Home Affairs is granted power to establish a publicly available register of modern slavery statements to promote transparency and permit consumers and others to make informed decisions concerning products.
• The Minister of Home Affairs is to make written requests to an entity who has failed to give a modern slavery statement to provide an explanation as to why, or to undertake specific remedial action to address the non-compliance.
• The publication of an annual report by the Minister of Home Affairs each year regarding the implementation of the Act, including an overview of compliance by entities and best-practice modern slavery reporting under the Act.

Read more

 [1] Australian Federal Police, “Sydney man and woman charged in human trafficking and servitude investigation” [online]. Available at: https://www.afp.gov.au/news-media/media-re­leases/sydney-man-and-woman-charged-human-trafficking -and-servitude-investigation (15 November 2021). [Last accessed 18 July 2023].

[2] Karen Sweeney, “Couple accused of keeping woman as slave at Point Cook home face court” [online]. Available at: https://7news.com.au/news/vic/melbourne-couple-accused-of-keeping-slave-at-point-cook-home-c-10758117 (25 May 2023). [Last accessed 21 July 2023].

[3] Ibid.

[4] Human Rights Law Centre, “Experts call for urgent whistleblower protections for migrant workers who report exploitation” [online]. Available at: https://www.hrlc.org.au/news/2023/2/28/breaking-the-silence (28 February 2023). [Last accessed 18 July 2023].

The International Association of Legal Science
by Anne McNaughton 

Under the auspices of UNESCO, the International Association of Legal Science (IALS) is one of the founding member associations of the International Science Council (ISC). Established in 1950, the IALS aims to promote the development of legal science throughout the world, by using in particular the comparative method. (https://aisj-ials.net/international-committee/)

The IALS is the only association of the ISC that represents the field of legal science, and it collaborates with other international organisations in its efforts to develop that field. Accordingly, the IALS collaborates with the International Institute for the Unification of Private Law (UNIDROIT) and with the United Nations Commission on International Trade Law (UNCITRAL). It is also an institutional member of the European Law Institute (ELI) and enjoys the status of observer with the International Institute for Justice Excellence (IIJE) and the International Union of Judicial Officers (UIHJ).

Read more

Islands and Ocean, Public Law in a Plural World Conference in Wellington
by Dr Wolfgang Babeck

The comparative constitutional law conference entitled "Islands and Ocean, Public Law in a Plural World" was held in Wellington from 3 to 5 July. It was organised by the International Society of Public Law, also known as ICON·S, Victoria University of Wellington, and the New Zealand Centre for Public Law. In attendance were about 600 to 700 participants from all over the world.

Australia and New Zealand joined an international audience of mostly academic lawyers from all continents with several judges and practitioners also attending. A large contingent attended from the University of Melbourne, the University of NSW and the University of Sydney. Younger and older colleagues engaged in a wide-ranging legal and political dialogue on public law and government.

One of the remarkable features of the conference was that attendance was free of charge for ICON·S members, which is quite remarkable in these times. For those interested, please view the full programme and all abstracts from the conference.

The conference applied features from New Zealand to the broader world, including challenges with its mostly unwritten constitution, its pluralistic constitution (meaning the integration of different legal systems into one constitution, namely the Treaty of Waitangi and Māori law) as well as the climate crisis, and the impact it has on the neighbouring Pacific Islands, who also participated in multiple attendance.

Read more

Conference keynote address by the Hon Justice Williams of the NZ Supreme Court.
Plenary Panel A – Pluralism and change in unwritten constitutions.  L to R The Hon Justice Williams, NZ Supreme Court, Professor Aileen Kavanagh, Trinity College Dublin, and Professor Janet McLean, University of Auckland.

Plenary Panel C- Plural responses to the climate crisis.  L to R Professor Maria Bargh, Victoria University Wellington, Professor Marnie Lloyd (standing), University of Wellington, Professor Lee Godden and Professor Margaret Young, The University of Melbourne.

The ILS was represented by its Executive members Ms Suzanne Howarth and Dr Wolfgang Babeck.

ANZSIL 2023

The 30^th Annual Conference of the Australian and New Zealand Society of International Law was held at the Victoria University in Wellington from 29 June to 1 July 2023, with the theme: Is International Law Resilient? The two- and half-day program brought together around 100 delegates canvassing issues relating to the Antarctic treaty system, developments in the Indo Pacific, recent developments in relation to the law of the sea, international environmental law and climate change, international humanitarian law, the regulation of financial markets, technology and international security law, international trade law and international criminal law. This annual conference alternates between Canberra and Wellington but having regard to restrictions imposed during the pandemic, this was the first conference to be held in Wellington in over 5 years.

The 2023 conference included three excellent keynote presentations. Professor Guy Fiti Sinclair (from the University of Auckland) presented an institutional perspective on the resilience of international law, pointing to the law reassembling as a way of keeping the system in place. Professor Sinclair noted that changes in the relations between institutions are having an impact on both the time and shape of international law. The 2023 Sir Kenneth Keith Annual lecture was delivered by Professor Tim McCormack (from the University of Tasmania). Professor McCormack outlined the work in Australia by the Office of Special Investigator and how this work related to the responsibilities of the International Court of Justice and war crimes. It was encouraging to learn about the impact that the Australian investigation was having in other jurisdictions and was, to some extent, now being replicated in other jurisdictions.  Professor Surabhi Ranganathan (from the University of Cambridge) spoke about the current debate in relation to seabed mining. The current discourse is notable for what is left out of the frame or is taken for granted within it; namely, the fundamental shape of the mining regime, questions of reparations, and the very telos of international law making. These matters all make for resilience in the international legal system.

Read more