Melbourne Law School - Theses

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    International extradition between Indonesia and Australia
    Dewi, Apsari ( 2018)
    Indonesia and Australia have not found extradition easy, despite the bilateral extradition treaty in force between them since 1992. This thesis is concerned with international crime cooperation in the extradition of fugitive offenders between Indonesia and Australia, but it also intended to augment the body of research on international cooperation in the enforcement and suppression of transnational and domestic crimes. It aims to find the answer to why there are still problems in extradition cooperation between Indonesia and Australia despite the presence of a legal framework for cooperation, and to identify ways in which these problems might be resolved. I argue that the problems in legal cooperation in extradition between Indonesia and Australia are the result of a complex mixture of factors that include social, political and legal aspects. The solution cannot be simply instrumental. Focusing solely on legislative change will not suffice unless it is also supported by other non-regulatory schemes, including, among other: developing a bilateral consultation framework between Indonesia and Australia with a view to creating a platform to address the differences peculiar to each legal system; and assigning a Liaison Officer for International Crime Cooperation at the Embassy of each country.  
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    The challenge procedure under the World Trade Organisation agreement on government procurement : a model for Australia
    Henderson, Ian Scott ( 1998)
    The Commonwealth government is considering acceding to the World Trade Organisation Agreement on Government Procurement (AGP). The purpose of the AGP is to liberalise government procurement amongst member countries. Pursuant to Art. XX of the AGP, it is a requirement for a member country to have a procedure whereby suppliers can challenge government procurement decisions. A review of the existing mechanisms under Australian law for challenging procurement can be challenged. I believe that none of the existing measures are sufficient to meet the requirements of Art. XX. Accordingly, I suggest adopting a new challenge procedure, with any challenge to be heard by a new administrative body. This challenge procedure can cover either only AGP related procurement, or all Commonwealth government procurement. Further, whereas the challenge procedure can be limited to only the requirements of Art. XX, I recommend including other procedural points to make for a better procedure. Accordingly, recommendations are made for both a challenge procedure that meets the minimum requirement of the AGP and a preferred procedure.
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    Towards a binding international human rights regime for transnational corporations
    Martin, Shanta ( 2003)
    Since its elaboration in the aftermath of the Second World War, international human rights law has remained primarily concerned with the relationship between the State and the individual; in particular, the obligations that the State owes to individuals (and peoples) and the legal rights that each individual may claim ‘by virtue of being a human being’. Under international human rights law, the State is primarily responsible for upholding and implementing the full diversity of human rights. At the national level, the State is required, as part of its international duties, to ensure that private entities within its jurisdiction do not violate the rights that the State is obligated to protect. Where private entities do violate those human rights, the State has a duty to make available means of redress for victims who have had their rights transgressed. Individuals are therefore entitled to make claims at the national level against those private entities that violate their rights. Where the State fails to protect human rights, including by failing to provide means of redress for private entity violation, it is said to be in breach of its international duties. The rights and duties just outlined constitute the ‘classical approach’ to international human rights law, whereby only the State is obligated to respect, ensure and protect the human rights of individuals. This approach to international human rights law contemplates that the State has international duties that require it to impose obligations on private entities not to violate human rights. Thus the obligations of private entities are derived from international law, but are not imposed directly by international law. (From Introduction)