Australia
- global sociopath
by Scott Mann
Australia as a global citizen seems hell bent on economic and ecological destruction. The article develops the idea that Australia is in urgent need of restraint and rehabilitaion for its own good and that of the rest of the global community.
Sharing expertise
with the developing world
the Hon Sir Anthony Mason AC KBE
Australia's courts, judges and retired judges as well as the Australian Institute of Judicial Administration and the Judicial Commission of NSW have contributed considerably to the developing legal world. Sir Anthony discusses some of these initiatives.
Australia's
performance in human rights
by Elizabeth Evatt
Australia's recent behaviour in international human rights has lost it its claim to being a 'good international citizen'. The article outlines some examples of this recent behaviour in relation to the six major UN human rights treaties.
Where to
now? International women's rights
by Sabina Lauber
In June 2000 governments from throughout the world met at the United Nations in New York to assess progress on the status of women since the adoption of the Platform for Action in Beijing in 1995. This article assesses the controversial negotiations for a document of further commitments to improve the lives of women, amidst overwhelming political pressure to backtrack on rights already gained. How should the outcomes of the conference be viewed and, in an Australian context, how can they be used to further the equality of women within our national boundaries?
'Second to none'?
Australia and indigenous rights
by Darren Dick
Australia's performance in human rights has been the subject of an unprecedented level of scrutiny by the United Nations human rights treaty committees over the past year. Much of this attention has focused on issues relating to Aborigines and Torres Strait Islanders. It has been accompanied by a significant shift in Australia's advocacy on human rights issues in a range of international forums in recent years. This article considers these developments from the perspective of Indigenous human rights and asks what does it mean for our reputation as a good international citizen..
History on
trial: Cubillo and Gunner v The Commonwealth of Australia
by Pam O'Connor
This article poses the question: are the courts an appropriate forum for dealing with the 'stolen generations'? It discusses the legislation under which the applicants were removed and detained—the Aboriginals Ordinance—and examines the parties and their causes of action: breach of statutory duty, duty of care and fiducuary duty. Finally it looks at the subject of damages and considers whether the law is an appropriate mechanism to judge the big picture of history.
War crimes
and the ICJ's advisory jurisdiction
by Andrew Coleman
This article is a response to one published in this journal in August 2000 by James McConvill and Daryl Smith which explored the avenues that may be utilised to attribute responsibility to individuals who committed war crimes in East Timor and Kosovo. The authors contended that the humanitarian intervention doctrine, in line with contemporary support for the expansion of this doctrine, is the best method. This article in response examines the suitability of the International Court of Justice (ICJ) for investigating crimes against humanity. In particular, it examines the claim made by the authors that the advisory jurisdiction of the ICJ provides an exception to the rules of standing.
Institutionalising
deliberative democracy
by Robert Shelly
This article seeks to show that deliberative democracy can be converted from being a mere aspiration to a firm and basic feature of the contemporary political landscape if it is institutionalised in the manner suggested by Jürgen Habermas. What is so significant about Habermas's proposal is the role he assigns to law. Reconceptualizing all social phenomena in terms of their reliance upon, and connection with, communicative processes, law—now understood 'discourse-theoretically'—becomes pivotal in fixing in place fair and efficacious deliberative democratic procedures. Law is able to do this because of its intrinsic connection with the 'system of rights' and 'the principles of the rule of law'. It is precisely these rights and principles that specify how the general conditions for the legitimacy of law—namely, the free and equal participation by all citizens in a deliberative lawmaking process—can be effectively realized.
Native title:
Using archaeology as evidence
by Amy Roberts
Archaeological evidence can be vital in native title cases but may be problematic.
Youth Affairs
by Louis Schetzer
This column discusses a successful defamation action by Mt Druitt High School students against the Daily Telegraph; and outlines seven projects recognised in the Action Exchange competition where young people in Australia are speaking out for themselves and participating in society.
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