Regarding Rights

Academic and activist perspectives on human rights


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Investment Treaty Law and Arbitration: Common Controversies

By Anthea Roberts,

Centre for International Governance & Justice, RegNet

My previous blog provided an introduction to investment treaty law and arbitration. In this blog, I consider some controversial aspects of an area of law that has only recently attracted widespread public attention.

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An Introduction to Investment Treaty Law and Arbitration

By Anthea Roberts,

Centre for International Governance & Justice, RegNet

High profile cases in which corporations have taken states to arbitration, such as the case brought by tobacco company Philip Morris against Australia, have drawn public attention to an area of treaty law that has until recently been poorly understood except by a small club of experts. This blog provides an introduction to investment treaty law. A subsequent blog will discuss some of its more contentious aspects.

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The New York Declaration for Refugees and Migrants – What’s Missing?

By Emma Larking

Centre for International Governance & Justice, RegNet

The New York Declaration for Refugees and Migrants adopted by the UN General Assembly in September commits states to negotiating by 2018 ‘Global Compacts’ on refugees, and for safe, orderly and regular migration. Unfortunately, these Global  Compacts will not be legally binding. As currently envisaged, they represent a disastrous missed opportunity.

When the 1951 Convention Relating to the Status of Refugees was first drafted, the UN Secretary General expressed regret that it did not include a binding resettlement mechanism.[1] Continue Reading →


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A Family Destruction Lens on Warfare

By John Braithwaite, RegNet, ANU

Official opening of the Greenslopes Repatriation Hospital, Brisbane, Australia. Photo: State Library of Queensland

Official opening of Greenslopes Repatriation Hospital, Brisbane, Australia. Photo: State Library of Queensland

Conducting fieldwork in conflict and post-conflict zones, I keep meeting people who say their lives have no meaning. That which gives life meaning, the warmth and trust and stability provided by healthy and loving human relationships, is a target of war. Victims are forced to watch their loved ones brutalised, and it is also a tactic of war to force people to commit acts of horrendous violence on those they love.

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The Vengeful State: How Democratic Governments Respond to National Security Leaks

By Peter Grabosky, RegNet, ANU

Image: WikiLeaks

Image: WikiLeaks

States usually respond harshly when individuals publicly disclose national security information without authorisation. I have written elsewhere about the vengeance wreaked by the French State in the Dreyfus Affair; by the British Executive in response to Clive Ponting’s disclosure of information about the sinking of the Argentine cruiser the General Belgrano during the Falklands war; by the Israeli Government in response to Morechai Vanunu’s disclosure of state nuclear secrets; and by the US Administration in the case of the Pentagon papers.[1]

More recently, the leaking of classified information by Chelsea Manning and Edward Snowden again highlighted the tension between state secrecy in purported defence of national security and the public’s right to know about the operations of government and public authorities. Continue Reading →


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Women as Humans: Human Rights, Feminisms, and Rethinking the Human

By Amber Karanikolas

Image: flickr/BWSS

Image: flickr/BWSS

To come up against what functions, for some, as a limit case of the human is a challenge to rethink the human. And the task to rethink the human is part of the democratic trajectory of evolving human rights jurisprudence.[1]

Who is the subject of human rights? Or, to put the question another way, who has the right to be human? Do women? The concept of human rights is continually evolving, and it is used in diverse ways. Human rights can encompass the many forms of ‘rights-talk’ that social movements use to make their claims, and internationally, recognition of human rights is proliferating. Although not denoting global compliance with human rights norms, it is now commonplace to declare that we live in an age of human rights.

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Law and Emancipation

By Hilary Charlesworth,

Centre for International Governance and Justice

Hilary Louvain

On 21st April, CIGJ Director Hilary Charlesworth was awarded a Doctorate Honoris Causa by the Faculty of Law and Criminology at the Catholic University of Louvain. With Professors Michael Grimaldi from the Université Panthéon-Assas (Paris II) and Jonathan Simon from the University of California, Berkeley, Hilary was honoured in a ceremony based on the theme, ‘Law and Emancipation’. This is the address given by Hilary at the conferral ceremony:

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After Conflict: Memory Frictions in Timor-Leste and Aceh – Part II

By Lia Kent, Centre for International Governance and Justice, ANU 

Nicolau Lobato statue, Dili airport

Nicolau Lobato statue, Dili airport

In this post, RegNet and CIGJ Fellow Lia Kent discusses themes emerging from her preliminary fieldwork in Timor-Leste and Aceh. In a previous post, Lia introduced the research project she is currently working on and its theoretical framework. Both posts are based on a seminar that Lia gave at RegNet on 24 May 2016.[i]

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After Conflict: Memory Frictions in Timor-Leste and Aceh

By Lia Kent, Centre for International Governance and Justice, ANU

Timorese student protest

Timorese student protest

In this post, RegNet and CIGJ Fellow Lia Kent introduces the research project she is currently working on and its theoretical framework. A second post, to be published on the 1st of July, will discuss the themes emerging from Lia’s preliminary fieldwork. Both posts are based on a seminar that Lia gave at RegNet on 24 May 2016.[i]

My project lies at an intersection between scholarship on peace-building and memory studies. I’m hoping that bringing these disciplines into dialogue will allow a nuanced appreciation of the long-term, conflictual dynamics of building peace after conflict in Timor-Leste and Aceh. Timor-Leste is a country that I know very well, while Aceh is a new context for me, so my observations about it are far more speculative at this point.

Memory practices, unsettling transitional justice and peacebuilding assumptions

In previous work, I examined the transitional justice process in Timor-Leste: the legal and quasi-legal mechanisms that were established during the period of UNTAET (2000-2002) to address crimes committed during the Indonesian occupation. My particular focus was on how ordinary East Timorese perceived and experienced the truth commission and trials. Continue Reading →


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Weaving intellectual property policy in small island developing states

By Miranda Forsyth

Centre for International Governance & Justice, ANU

Weaving Intellectual PropertyIn their new book, Miranda Forsyth and Sue Farran consider the challenges of creating appropriate intellectual property frameworks in developing economies, focusing on small island states in the Pacific.  The book draws together policy considerations, theories of development and law and empirical studies. It offers a competing model of intellectual property regulation to the usual Western framework, based on local conceptions of culture and indigenous understandings about use, knowledge and transfer of intangible property. This post is an edited version of Miranda’s discussion of the book at a RegNet ‘bookclub’ earlier this year.

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The starting point for Weaving intellectual property policy is that Pacific islands have become a site of global pressure to enact an increasing number of intellectual property (IP) laws. In response to this pressure, since 2000 there has been a proliferation of new legislation and policies dealing with IP in countries in the region.

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