Volume 22(2) — December 2021
Judge James Richard Crawford AC, SC, FBA (1948–2021)
Margaret A Young
Tackling Illegal, Unreported and Unregulated Fishing through Port State Measures
Callum Musto and Efthymios Papastavridis
Labour Standards on Fishing Vessels: A Problem in Search of a Home?
Penelope J Ridings
The Antarctic Treaty at Sixty Years: Past, Present and Future
Donald R Rothwell
The Melbourne Journal of International Law (‘MJIL’) was established in 2000 by its founding Editors — Suzan Davies, Peter Henley, Kalika Jayasekera, Amanda Rologas and Tracy Whiriskey — and the Law Faculty of the University of Melbourne. The Journal was established in recognition of the shortage of academic and practice-oriented material dealing with the Asia-Pacific region's relationship with both private and public international law.
As the pre-eminent generalist international law academic journal in the South East Asia region, MJIL aims to serve as a reputable forum for academics and practitioners to publish modern perspectives on both private and public international law. MJIL has established a global reputation of publishing informed and considered pieces on contemporary international law issues that accompany relevant social issues, and which significantly contribute to academic and judicial thinking.
In pursuit of this objective, the Journal strives to shape discussion of the most important and relevant legal issues through a rigorous scholarship selection and editing process and publication of a broad range of styles and topics.
Organisation and Membership
MJIL is a student-run organisation, with all MJIL members being current students of the Melbourne Law School at the University of Melbourne. The Journal has a large Editorial Board, made up of Assistant Editors and General Members, who work collectively in the initial editing stages, and is led by three student Editors. The Journal is also supported by a team of non-editorial members who assist with its administration and operation.
MJIL is proud to embrace a diverse member base whose skills, language abilities and experiences contribute to a higher editorial standard and create a rich community. Member applications open just before the start of each semester and require applicants to complete a short editing exercise. For more information on applying to become a member of the MJIL Editorial Board, please visit the Recruitment web page.
The Editors are counselled by the Faculty Advisors and Advisory Board, both of which are made up of current Melbourne Law School academics.
MJIL publishes two issues per annual volume, typically released in July and December. Each issue contains a variety of works, including articles, book reviews, case notes, commentaries, lectures, review essays and think pieces. Occasionally, the Journal publishes articles as part of a symposium or special issue within an issue.
MJIL welcomes submissions from all authors, including academics, judges, practitioners and students. The Journal also solicits pieces from authors. For more information on submissions, see the Submissions web page.
Print publications are distributed in the United States by Gaunt and to all other countries by Thomson Reuters. Orders of back issues and subscriptions can be obtained by contacting the appropriate distributor. For details, see the Subscriptions web page.
Digital copies of the print versions of MJIL articles can be found on Austlii, EBSCOhost, Gale, HeinOnline, Informit, Nexus and ProQuest. Non-consecutively paginated digital copies of all MJIL publications (past, current and forthcoming) are archived on our Issues web page.
The Journal’s global reputation regularly attracts pieces from esteemed academics and international lawyers. Notable past contributors include:
- Philip Alston
- Hilary Charlesworth AM
- James Crawford
- Megan Davis
- Malcolm Fraser AC CH
- Gavan Griffith QC
- James Hathaway
- Sir Kenneth Keith
- The Hon Justice Susan Kelly
- The Hon Michael Kirby AC CMG
- The Hon John Lockhart AO QC
- Sir Anthony Mason AC KBE CBE QC
- Stephen Mathias
- Dianne Otto
- Sir Adam Roberts KCMG FBA
- Philippe Sands QC
- Sang-Hyun Song
- Gillian Triggs
- Tim Wright
Australian Guide to Legal Citation
The Australian Guide to Legal Citation (‘AGLC’) is the most widely used style guide for legal citation within the Australian legal community. MJIL produces the guide in collaboration with the Melbourne University Law Review. The fourth edition (‘AGLC4’) was published in November 2018. A digital copy of the AGLC, order forms and the AGLC4 erratum can be found on the AGLC web page.
All issues of MJIL are compliant to the most recent edition of the AGLC at the time of publication.
MJIL would like to thank its sponsors for their generous support.
If you are interested in becoming an MJIL sponsor, please contact the Sponsorship Manager at firstname.lastname@example.org
Copyright © 2022 by the Melbourne Journal of International Law Inc. As per the MJIL Publication Policy, MJIL owns copyright over all published contributions. Requests for copyright permissions should be directed to The Editors at email@example.com.
The Melbourne Journal of International Law supports open access to legal scholarship. Non-consecutively paginated versions of all articles published in MJIL are available on this site. Consecutively paginated articles are available on common online distributors and databases.
The next issue of MJIL will be published in July 2022.
Subscriptions to the Melbourne Journal of International Law are available in Australia and internationally.
Call for Submissions: Volume 24(1)
The Editors of the Melbourne Journal of International Law (‘MJIL’) are now inviting submissions on areas of interest in international law for volume 24(1), to be published in July 2023.
For consideration for inclusion in the print issue of volume 24(1), authors should submit on or before 31 January 2023.
Any author wishing to have their article, commentary, case note or review considered for publication in MJIL must send their manuscript as a Microsoft Word document to firstname.lastname@example.org, along with a copy of the signed Publication Policy.
MJIL, Australia’s premier generalist international law journal, is a peer-reviewed academic journal based at Melbourne Law School, the University of Melbourne. MJIL publishes innovative scholarly research and critical examination of issues in international law.
MJIL’s coverage extends beyond public international law to articles addressing private international law, the intersection of international law with domestic law, global governance and associated areas of transnational law.
MJIL will also consider interdisciplinary work which substantially contributes to international legal scholarship. If authors are uncertain whether their proposed topic is eligible for inclusion in MJIL they should contact the Editors at email@example.com.
Timing of submissions
MJIL accepts submissions on a rolling basis and will publish advance electronic copies of articles prior to print publication. The submissions deadline for consideration in volume 24(1) is 31 January 2023.
Instructions for Authors
MJIL accepts submissions in the form of articles, book reviews, case notes, commentaries, review essays and think pieces. Articles should be in the vicinity of 10,000 words in length (excluding footnotes) and be an original and detailed contribution to international law scholarship.
Articles should include an abstract (maximum 250 words) and authors are encouraged to adhere to the guidelines set out in the Australian Guide to Legal Citation.
An electronic version of the AGLC4 can be found here.
MJIL considers the following types of submissions:
- Articles: A detailed exploration of topical and engaging international law issues with a suitable methodology. The word length should be in the vicinity of 10 000 words (including an abstract of up to 250 words). We also accept articles both shorter and longer in length (up to 18 000 words).
- Case Notes: A detailed examination of developments in recent case law and the practical implications for that area of international law. The word length should be in the vicinity of 5000–7000 words.
- Commentary: A discussion of significant, topical and recent international law developments and the practical implications for that area of law. The word length should be in the vicinity of 5000–7000 words.
- Review Essay: A discussion that provides a summary of the contents of a recently published book and, most importantly, places it in the context of current trends or debates regarding the area of international law specific to the book. The word length should be in the vicinity of 5000–7000 words.
- Book Reviews: A short discussion that provides a summary of the contents of a recently published book. The word length should be in the vicinity of 2500 words.
All submissions must be fully referenced (footnotes are not included in word counts) and be relevant for an international audience of legal academics, students, policymakers and practitioners.
All articles, case notes, commentaries and think pieces published in MJIL undergo a double blind refereeing process, involving at least two experts in that area of law. The Editors endeavour to decide on whether submissions will proceed to refereeing within four weeks of receipt. MJIL requires exclusive submission — ie, that submissions submitted to MJIL are not simultaneously being considered for publication elsewhere.
Book reviews and review essays will be reviewed solely by the Editors prior to publication. Publishers’ suggestions for books to be reviewed should be sent to firstname.lastname@example.org, and hard copies of publications can be mailed to:
Melbourne Journal of International Law
Melbourne Law School
The University of Melbourne
VIC 3010 AUSTRALIA
Once accepted, authors will be contacted with more details on the editing and publication process. For further information, please contact the Editors at email@example.com.
Melbourne Journal of International Law Prize for Outstanding Scholarship in International Law
The Melbourne Journal of International Law has a Prize on offer each year for an article published in the MJIL in the preceding calendar year. The Prize is intended to promote and reward significant scholarly contributions to international law. The MJIL Prize is for an amount of $1000.
The winner of the MJIL Prize should demonstrate the most thought-provoking engagement with relevant areas, events and issues in international law.
All authors who have published articles in MJIL are automatically considered for the Prize.
For further information:
Title: Transnational Tort and Access to Remedy under the UN Guiding Principles on Business and Human Rights: Kamasee v Commonwealth
Publication Details: (2018) 19(1) Melbourne Journal of International Law 52
Title: 'Imperium in Imperio': Sub-Imperialism and the Formation of Australia as a Subject of International Law
Publication Details: (2018) 19(1) Melbourne Journal of International Law 335
Sir Kenneth Bailey Memorial Lecture
The Sir Kenneth Bailey Memorial Lecture was inaugurated in 1999, at the Commemoration of the Centenary of the 1899 Hague Peace Conference. The lecture, focusing on Australia in the international legal order, honours the Fourth Dean of the Melbourne Law School, Kenneth Hamilton Bailey, who played a significant part in Australia's contribution to the formation of the United Nations.
The Melbourne Journal of International Law has co-hosted the lecture with the Melbourne Law School since 2016.
2020 Annual Lecture
Professor Gerry Simpson — The atomics
How might international law respond to the prospect of nuclear annihilation? With abolitionist fervour? Technocracy? Legalism? Insouciance? In this lecture, Professor Gerry Simpson delivers a report on international legal nuclearism.
The lecture was presented at the Melbourne Law School on 11 March 2020.
Professor Gerry Simpson is the Chair in Public International Law at the London School of Economics. He previously held the position of Kenneth Bailey Chair of Law at Melbourne Law School and is an honorary board member of the Melbourne Journal of International Law. Professor Simpson is a world-leading expert in the area of international law and continues to provide great contribution to academic research in the field.
More than 70 Melbourne Law School students, including three Editors, form the Editorial BoardView
Information on applying for positions at MJILView
Composed of Melbourne Law School faculty members who provide guidance on matters of content and policyView
Honorary Advisory Board
Composed of scholars and legal practitioners who have made an outstanding contribution to international law and MJILView
MJIL Alumni seeks to maintain a meaningful connection with past members of the Journal. Our online networks, annual alumni event, and student mentoring program allow past members to reconnect with friends and to forge new relationships with current MJIL members. For information regarding MJIL Alumni, or to update your contact details, please contact our Alumni Coordinator at firstname.lastname@example.org.
- The Melbourne Journal of International Law office is closed given COVID-19 social distancing University policies until further notice. Please direct all inquiries to email@example.com
- Postal Address
- Melbourne Journal of International Law
Melbourne Law School
The University of Melbourne
VIC 3010 AUSTRALIA
- Street Address
- University Square
185 Pelham Street
VIC 3053 AUSTRALIA
- +61 3 8344 7913