The Australian Year Book of International Law

Esmé Shirlow teaches and researches in public international law, international dispute settlement, and international investment law and arbitration. Esmé maintains a practice in the field of international law advising parties to investment treaty claims and in proceedings before the International Court of Justice. Prior to joining the ANU, she worked in the Australian Government’s Office of International Law. Donald R. Rothwell is one of Australia’s leading experts in International Law with specific focus on the law of the sea; law of the polar regions, use of force and implementation of international law within Australia. He is the author of 28 books and over 200 book chapters and articles including, with Tim Stephens, the influential and respected academic text, The International Law of the Sea. His most recent work is Islands and International Law (Hart: 2022).

Lectures





The 2022 Annual Kirby Lecture in International Law: Why It’s Time to Terminate the TRIPS Agreement


 Anne Orford





Special Issue: Four Societies Conference





Introduction to the Special Issue


 Karen N Scott





Sustainable Seabed Mining—The Phase 1 Environmental Draft Standards and Guidelines


 Keith MacMaster





Environmental Impact Assessment of Offshore Windfarms in Areas beyond National Jurisdiction: Who Should Have Obligations?


 Makoto Seta





The Common Heritage of Humankind Principle and Marine Genetic Resources: A Critical Assessment of the BBNJ Process


 Norihito Samata





Regulating Online Hate Speech through the Prism of Human Rights Law: The Potential of Localising Content Moderation


 Ayako Hatano





Global Standard-Setting for Artificial Intelligence: Para-regulating International Law for AI?


 José-Miguel Bello y Villarino





Articles





Locked in: Australia’s COVID-19 Border Closures and the Right to Leave


 Regina Jefferies and Jane McAdam





The Ongoing Significance of Federalism to Australian Treaty Practice


 Georgina Clough





The LOSC: ‘A Constitution for the Oceans’ in the Anthropocene?


 Karen N Scott





Quarantine Island: Australia’s Health Policy and Its Construction of International Law


 Rebecca Brown





Book Reviews: Edited by Amy Maguire





Judging at the Interface: Deference to State Decision-Making Authority in International Adjudication


 Esmé Shirlow (Reviewed by Vladyslav Lanovoy)





Judging the Law of the Sea: Judicial Contributions to the UN Convention on the Law of the Sea


 Natalie Klein and Kate Parlett (Reviewed by Robin Churchill)





Empirical and Theoretical Perspectives on International Law: How States Use the UN General Assembly to Create International Obligations


 Rossana Deplano (Reviewed by Niccolò Ridi)





The Three Ages of International Commercial Arbitration


 Mikaël Schinazi (Reviewed by Richard Berkeley)





Regular Features





Cases before Australian Courts and Tribunals concerning Questions of Public International Law 2022


 Rosemary Grey, Mary Crock, Jemima Back, Alistair Boyd, Niamh Callinan, Emma Clark, Timothy Collins, Julian Edwards, Joseph Harman, Mun K. Lee, Catherine Nguyen, Ibrahim Taha, Yuanhang Wang and Liuyuwen Yang





Cases before International Courts and Tribunals concerning Questions of Public International Law Involving Australia 2022


 SI Strong, Jemima Back, Alistair Boyd, Niamh Callinan, Timothy Collins, Julian Edwards, Joseph Harman, Mun Lee, Catherine Nguyen, Ibrahim Taha, Liuyuwen Yang and Yuanhang Wang





Policy Developments in Private International Law


 Private International and Commercial Law Section, Australian Attorney-General’s Department





Australian Legislation concerning Matters of International Law 2022


 Lara Wilkinson, Chiara Angeloni, Asha Belkin, Loretta Benson, Sulithi Dewendra, Lucinda Dunham, Kellie Elmes, Elliot Freadman, Matthew Grice, Meg Haynes, Tristan Jamson, Crystal Ji, Kavina Kalaichelvam, Rhiannon Kerr, Rachel Kirk, Emily La, Alex Lia, Jake Marusich, Caitlyn McKenzie, Rachel Moss, Emma Norton, Katherine O’Connell, Jayden Payne, Emily Rowbotham, Samuel Saunders and Diya Sharma





Australian Practice in International Law 2022


 Kristy Tyrie