Melbourne Law School - Research Publications
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ItemNo Preview AvailableRace Discrimination Effaced at the International Court of Justice(CAMBRIDGE UNIV PRESS, 2021-10-11)This essay examines the interpretation of the core international treaty dedicated to the elimination of racial discrimination, the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), and in particular how the prohibition on race discrimination applies to the treatment of migrants. This essay is timely, as CERD has travelled from the margins of human rights law to the center of the hottest interstate lawfare. At the time of writing, the first ever interstate dispute before any UN treaty body is before the CERD Committee, and CERD has been invoked in several interstate cases before the International Court of Justice (ICJ). Unfortunately, this crucible of adjudication has not marked an increase in principled interpretation. This essay critiques the recent admissibility ruling of the ICJ in Qatar v. U.A.E. for its marginalization of the prohibition of race discrimination, in particular the failure meaningfully to consider how nationality discrimination may constitute prohibited race discrimination.
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ItemNo Preview AvailableTurnbull's Asylum Seeker Ban Violates Australia's Human Rights Obligations( 2016)The Federal Government has taken its first steps towards banning asylum seekers and refugees who attempt to reach Australia by boat from ever entering the country.
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ItemNo Preview AvailableNo Country, No Rights, No Hope( 2018)The legal no-man's land inhabited by stateless people like the Rohingya is a major human rights issue, which urgently requires more attention.
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ItemNo Preview AvailableHistory Repeating: Losing Citizenship in India( 2018)The Indian National Register of Citizens aims to separate 4 million "illegal" immigrants from "legitimate" residents. So, what does history tell us about the impact of removing citizenship?
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ItemNo Preview AvailableDetention Increases COVID-19 Health Risk( 2020)Australia has a legal and humanitarian obligation to protect people in immigration detention during the COVID-19 crisis, which should trigger a rethink in our policies.
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Item'An "Alien" by the Barest of Threads' - The Legality of the Deportation of Long-Term Residents from Australia(University of Melbourne, Faculty of Law, 2009)
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ItemInternational Refugee Law and Socio-Economic Rights: Refuge from Deprivation(Cambridge University Press, 2007)A range of emerging refugee claims is beginning to challenge the boundaries of the Refugee Convention regime and question traditional distinctions between 'economic migrants' and 'political refugees'. This book, first published in 2007, identifies the conceptual and analytical challenges presented by claims based on socio-economic deprivation, and undertakes an assessment of the extent to which these challenges may be overcome by a creative interpretation of the Refugee Convention, consistent with correct principles of international treaty interpretation. The central argument is that, notwithstanding the dichotomy between 'economic migrants' and 'political refugees', the Refugee Convention is capable of accommodating a more complex analysis which recognizes that many claims based on socio-economic deprivation are indeed properly considered within the purview of the Refugee Convention. This, the first book to consider these issues, will be of great interest to refugee law scholars, advocates, decision-makers and non-governmental organizations.
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ItemInternal Protection/ Relocation/ Flight Alternative as an Aspect of Refugee Status Determination(Cambridge University Press, 2003)
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ItemNo Preview AvailableProtection Elsewhere: The Legal Implications of Requiring Refugees to Seek Protection in Another State(University of Michigan Law School, 2007)
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ItemNo Preview AvailableThe Role of State Protection in Refugee Analysis(Oxford University Press, 2003)