In Semester 1, 2020 seminars will be organised and hosted by Scott Stephenson and Inbar Levy.
The seminars are held weekly on Mondays during semester from 1.10pm - 2.00pm in either Room 920 or 221, Level 9 - Melbourne Law School.
A light refreshment will be provided from 1:00pm by Asylum Seeker Resource Centre Catering.
The presenter will speak for about 30 minutes, followed by time for questions.
2020 Semester 1 Program
9 March 2020 - Dr Jarrod Hepburn with Professor Margaret Young as discussant
Title - Denial of Access to International Adjudication as Denial of Justice?
Abstract - There is a well-established rule of customary international law prohibiting ‘denial of justice’. One situation in which denial of justice arises is when states prevent foreigners from accessing domestic courts to bring claims. However, the former President of the International Court of Justice, Stephen Schwebel, has argued that a new extension of denial of justice has developed in customary international law. Under this extension of the rule, denial of justice would also arise when states deny access to international courts or tribunals. In one recent case, an international tribunal relied on Schwebel’s argument to find that Lesotho had committed a denial of justice when it participated in shuttering the Southern African Development Community Tribunal, terminating even pending claims in that forum. However, this paper argues that there is insufficient state practice to support Schwebel’s view, and that the cases and literature on which he relied do not assist his argument.
Jarrod's paper is now available online.
16 March 2020 - Associate Professor Ying Liew with Professor Matthew Harding as discussant
Title - Justifying Anglo-American Trusts Law
Abstract - This paper attempts to justify trusts law — that is, express, constructive, and resulting trusts — in Anglo-American law. Situating trusts law within the liberal tradition of political morality, it suggests that trusts law is justified because it enhances personal autonomy.
Ying's paper is now available online.
23 March 2020 - Associate Professor Cally Jordan with Professor Christine Parker as discussant
Title - The End of Internationalism? IOSCO, International Standards and Capital Markets Regulation