June Graduate Researcher Colloquium 2022

9.55am - 10.00amWelcome
10.00am - 10.30am

PhD Confirmation: Phapit (Pear) Triratpan
(Supervisors: Jenny Morgan and Jianlin Chen

Between Law and Social Practice: Adultery Regulation and the Contradictory Practices of Monogamy and Polygyny in Thailand

When monogamy became Thailand’s legal standard of marriage in 1935, polygamy and particularly polygyny continued in practice. This enduring disjunction between law and social practice can be traced to the development of adultery regulation. By examining the manifestations of adultery regulation across three different areas of law (criminal, civil and public administration), the thesis seeks to provide an account of how and why Thailand’s adultery regulation supports the contradictory practices of monogamy and polygyny. Specifically, this account will situate adultery regulation amongst the competing narratives surrounding Thailand’s legal development in an attempt to explain its past, present and future trajectory.

10.30am- 11.30am

PhD Completion: Julian Murphy
(Supervisors: Adrienne Stone and Jeff Goldsworthy)

Constitutionally-informed statutory interpretation

The principles and practices of statutory interpretation are informed and constrained by systemic norms of the Australian legal system, the most important of which are traceable to our written Constitution. Constitutional conceptions of the separation of powers, the rule of law, sovereignty and federalism all inform the law of statutory interpretation. Recognition of the constitutional dimension to statutory interpretation has implications for its everyday practice, including by answering questions about the relative weight to be given to different interpretative principles and also by indicating that certain existing principles should be modified or discarded, and new principles adopted.

11.30am - 12.00pm Morning Tea
12.00pm - 1.00pm

PhD Completion: Valeria Vázquez Guevara
(Supervisors: Sundhya Pahuja and Shaun McVeigh)

Truth Commissions: The Authority of International Law and the State after Conflict

The thesis examines how Truth Commissions draw on international law to authorise their accounts of past violence as ‘the truth’, and how this works to de-authorise local accounts. The argument is developed through an in-depth study of three of the most important Truth Commissions of the 20th century: Argentina (1983-1984), Chile (1990-1991), and El Salvador (1992-1993). The analysis focuses on how these Truth Commissions’ accounts are represented in cultural forms that continue to give their truths a public life: a literary prologue (for Argentina), a museum of memory (for Chile), and a tapestry (for El Salvador).

1.00pm - 1.45pmLunch
1.45pm - 2.45pm

PhD Completion: Ben Carrick
(Supervisors: Jenny Beard and Beth Gaze)

Residing Permanently in the Midst of the Border: Why discrimination law fails indefinitely temporary migrants and how the disaggregation of citizenship can come to their aid

Over the last 20 years, the number of people living in Australia on temporary visas has doubled. A sizable proportion of these are ‘indefinitely temporary’, intending to remain here but with no viable pathway to permanent residency or citizenship. The first part of the thesis argues that immigration law establishes an internal border that restricts temporary migrants’ participation and tends to expand over time. In Australia, Canada and the United States, discrimination and equality laws almost always work to maintain that exclusion. The second part of the thesis proposes that changes that are occurring in the area of citizenship provide an opportunity for law to be developed in a way that constrains the internal border and reduces the exclusion of indefinitely temporary residents, without challenging the border controls that are considered integral to a state’s sovereignty.

2.45pm - 3.45pm

MPhil Completion: Radhika Agarwal
(Supervisors: Tarun Khaitan, Farrah Ahmed and Dinesha Samararatne)

‘Multireligious Adherence’ and the Right to Religious Freedom under the Indian Constitution

This thesis focusses on ‘multireligious adherence’. Multireligious adherence means the adherence to the norms of more than one religion at the same time. This thesis studies multireligious adherence specifically in the Indian context, and argues that the extent to which the Indian Supreme Court recognises multireligious adherents and syncretic religious groups significantly influences the right to religious freedom of both individuals and religious groups in India. This thesis will also show how the legal classification of a person’s religious identity as well as the nature of their religious adherence by the Court influences the Court’s interpretation of their religious freedom.

3.45pm - 4.00pm Afternoon Tea
4.00pm - 5.00pm

PhD Completion: Claerwen O’Hara
(Supervisors: Sundhya Pahuja and Hilary Charlesworth)

Consensus in International Law: Authority, Democracy, Difference

This thesis investigates the idea of ‘consensus’ in international law. It does so through an exploration of two case studies: (1) consensus decision-making in the General Agreement on Tariffs and Trade (1947) (GATT) and the World Trade Organisation (WTO), and (2) the European Court of Human Rights’ use of ‘European consensus’ as a method of treaty interpretation. Drawing on a combination of queer theory and jurisdictional thinking, the thesis redescribes consensus in international law as an historically specific technique of authorisation. It argues that consensus lends authority to institutional practices and decisions by gesturing towards a widespread, yet immeasurable, agreement.