Opening Remarks: International Association of Law Libraries Annual Course on International Law and Legal Information, Sydney, Australia, October 28, 2019

2020 ◽  
Vol 48 (1) ◽  
pp. 17-19
Author(s):  
Susan Kiefel
Keyword(s):  
International Law ◽  
Board Member ◽  
International Association ◽  
Legal Information ◽  
High Court ◽  
High Court Of Australia ◽  
Sydney Australia ◽  
Do So

It is an honor to speak at the opening of this 38th Annual Course of the IALL. It was not difficult to accept the invitation to do so, not least because it was extended by Ms. Petal Kinder. Members of the IALL will know Petal because of her close involvement with the IALL as a Board member and as President; Petal was known to me as the Librarian of the High Court of Australia, a position she held when I joined the Court. She was highly valued and respected in that role, and popular amongst judges and staff. We were saddened to hear of her passing earlier this year.

Welcome Comments

2015 ◽  
Vol 43 (1) ◽  
pp. 5-8
Author(s):  
Juan Carlos Valle Raleigh
Keyword(s):  
International Law ◽  
International Association ◽  
Foreign Affairs ◽  
Legal Information ◽  
Foreign Service

“There cannot be a mantle of oblivion. No society can start a new stage on an ethical claudication like” – Raúl AlfonsínIt is a matter of pride for the Argentine Foreign Affairs Ministry and especially for the National Foreign Service under my direction, to give you a very warm welcome and to be able to host the 33rdCourse on International Law and Legal Information organized by the prestigious International Association of Law Libraries (IALL).

Sex, Slavery and the High Court of Australia: The Contribution of R v. Tang to International Jurisprudence

2010 ◽  
Vol 10 (3) ◽  
pp. 403-423 ◽  
Author(s):  
Stephen Tully
Keyword(s):  
Human Rights ◽  
International Law ◽  
Significant Contribution ◽  
High Court ◽  
Sex Slavery ◽  
Definition Of ◽  
The Right ◽  
High Court Of Australia ◽  
Conceptual Integrity

AbstractThe judgment of the High Court of Australia in R v. Tang is a significant contribution to jurisprudence on the definition of slavery under international law. This case considered whether the intention of the perpetrator was a necessary element for the prosecution of that offence under Australian law. The High Court also preserved the conceptual integrity of slavery, evaluated the decisions in Kunarac and Siliadin, identified the powers attaching to the right of ownership as that expression appears in the 1926 and 1956 Slavery Conventions and employed a human rights orientation to contemporary manifestations of slavery. Although considerable practical challenges remain for enforcing the prohibition against slavery in Australia, R v. Tang marks a significant precedent likely to influence future international jurisprudence on the topic.

Allegiance, Foreign Citizenship and the Constitutional Right to Stand for Parliament

2020 ◽  
Vol 48 (3) ◽  
pp. 299-323
Author(s):  
Rayner Thwaites ◽  
Helen Irving
Keyword(s):  
International Law ◽  
High Court ◽  
Foreign State ◽  
Constitutional Right ◽  
High Court Of Australia

In 2017, in Re Canavan, the High Court of Australia found five sitting Members of the Commonwealth Parliament to be citizens of a ‘foreign power’ and thus ineligible, under s 44(i) of the Constitution, to hold their seats. In 2018, in Re Gallagher, the High Court found that a Senator who had attempted unsuccessfully to renounce her British citizenship prior to her Senate candidature was similarly ineligible. In this article, we argue that the conclusion in Re Canavan was incorrect: that both the Court’s reasoning about the purpose of s 44(i)—to avoid ‘split allegiance’—and its methodology for determining foreign citizenship were inconsistent in their own right and also against its reasoning in Re Gallagher. We challenge the Court’s conflation of citizenship and allegiance with obedience to a state. We examine the rules of international law for identifying a person’s citizenship, as well as exceptions to these rules, including what came to be known as the ‘constitutional imperative’, which the Court held will exempt a foreign citizen from s 44(i) disqualification under certain circumstances. We conclude that the Court, in seeking to avoid ‘uncertainty and instability’ in its interpretation of s 44(i), did the opposite. Had it looked, instead, to the relevant foreign state for an authoritative determination of a person’s citizenship, confusion and uncertainty surrounding s 44(i) could have been avoided, and a democratic understanding of Australian citizenship could have been prioritised.

IALL at 40

1999 ◽  
Vol 27 (1) ◽  
pp. 1-2
Author(s):  
Larry B. Wenger
Keyword(s):  
New York ◽  
International Law ◽  
International Association ◽  
Vice President ◽  
Law School ◽  
Legal Information ◽  
Legal Studies ◽  
History Of ◽  
New Association ◽  
The University

The appearance of this issue of the International Journal of Legal Information coincides almost exactly with the 40th anniversary of the founding of the International Association of Law Libraries. In June, 1959, a group of law librarians with long established personal interests in international law librarianship met in New York, with the goal of establishing an organization that would facilitate their work and bring law librarians around the world in closer contact. Professor William R. Roalfe of Northwestern University Law School in Chicago was elected the first President of the new Association, and Mr. K. Howard Drake of the Institute of Advanced Legal Studies, London, the Vice President. A report summarizing the organizational meeting was prepared by Adolf Sprudzs of the University of Chicago Law Library, who subsequently devoted much of his career to international law librarianship and particularly to the work of the Association, including serving two terms as its President (see appendix). For a recent history of the Association, please see the article by Mr. Sprudzs in The Law Librarian, volume 26 at page 321, 1995.

scholarly journals The International Journal of Legal Information and the IALL: An Introduction to the Cumulative Index

2003 ◽  
Vol 31 (S1) ◽  
pp. 3-6
Author(s):  
Richard A. Danner
Keyword(s):  
International Law ◽  
International Association ◽  
Official Publication ◽  
Legal Information ◽  
Cumulative Index ◽  
Related Information ◽  
History Of ◽  
Conference Papers ◽  
Source Of Information

The International Journal of Legal Information is the official publication of the International Association of Law Libraries (IALL). As noted in its current statement of purpose, the Journal “serves the global community of law librarians, legal scholars, and practitioners through the publication of original articles, conference papers, bibliographies, book reviews, and documents concerning law and law-related information.” It is also a significant source of information about the history of the IALL and the major figures of international law librarianship who have participated in its programs and activities. Much of the history of the Association, which was established in 1959, is recorded within the Journal in presidential columns, editorials, memorials, and reports on meetings and conferences.

Down by Law: The High Court of Israel, International Law, and the Separation Wall

2005 ◽  
Vol 35 (1) ◽  
pp. 6-24 ◽  
Author(s):  
Michael Lynk
Keyword(s):  
International Law ◽  
The State ◽  
International Court Of Justice ◽  
High Court ◽  
Court Of Justice ◽  
International Court ◽  
Do So

In June 2004, the High Court of Israel (HCI) ruled on the ““Beit Sourik”” case in which Palestinian villagers challenged the legality of Israel's separation wall, which had been routed through their villages causing great hardship. This article examines the HCI decision---which upheld the legality of the wall under international law but mandated changes in its route---and the argumentation used. In the process, the article shows how the HCI, despite some disagreements with the state on narrow issues of administrative application, broadly supports the government's policies of occupation, and it explains how the court interprets international law in order to do so. The article also contrasts the HCI's ruling with the nearly simultaneous ruling of the International Court of Justice, highlighting the two courts' very different approaches to international law.

Public Servants and the Implied Freedom of Political Communication

2021 ◽  
Vol 49 (1) ◽  
pp. 3-39
Author(s):  
Anthony Davidson Gray
Keyword(s):  
Political Communication ◽  
Sufficient Evidence ◽  
Representative Government ◽  
Public Servants ◽  
High Court ◽  
Government Functions ◽  
Public Servant ◽  
The People ◽  
High Court Of Australia ◽  
Do So

The High Court of Australia recently overturned a tribunal decision in favour of a public servant who was dismissed after sending tweets critical of various politicians and government policies. All members of the Court found the relevant provisions were valid and did not infringe the implied freedom of political communication. This article first discusses development of freedom of speech at common law, through development in ideas about governance from a Hobbesian tradition to a Lockean model of representative government. Notions of representative government underpinned earlier High Court decisions on freedom of political communication, reflecting values such as the sovereignty of the people, accountability and informed decisions at election time. The article then considers restrictions on the ability of public servants to contribute to public debate in that light. Scholars and courts elsewhere have recognised the important contribution public servants can make to representative democracy. The recent decision pays insufficient interest to such contributions and is too willing to accept government arguments as to the need to suppress opinion by public servants in the name of an apolitical and independent public service, without considering counter arguments in terms of democracy, and without sufficient evidence of actual or likely interference with government functions. The proportionality analysis undertaken by the court was inadequate in its failure to do so. Whilst the freedom of communication of public servants is not absolute, restrictions must be narrowly confined and fully justified. Neither test was satisfied in this case.

Courses on International Law Librarianship: 1966–2002*

2003 ◽  
Vol 31 (S1) ◽  
pp. 257-260
Keyword(s):  
International Law ◽  
Educational Program ◽  
International Association ◽  
Legal Information ◽  
The World ◽  
Advance Information

Courses on topics of international law librarianship and legal information have been a primary feature of IALL's educational program since 1966. The courses have been held at prominent institutions throughout the world at intervals of one to three years, and have been offered annually since 1993. Throughout its history, the International Journal of Legal Information has published advance information and reports on the courses, as well as selected papers. Since 1994, full proceedings from the courses have usually been published in the Journal. Proceedings from some courses, as well as from other IALL meetings and programs, have been published separately. Separately published proceedings are included in this volume in the section: “Publications of the International Association of Law Libraries.”

Sign in / Sign up

Export Citation Format

Share Document