Melbourne Law School - Research Publications

Permanent URI for this collection

Now showing 1 - 3 of 3

Race Discrimination Effaced at the International Court of Justice

Costello, C ; Foster, M (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.
'An "Alien" by the Barest of Threads' - The Legality of the Deportation of Long-Term Residents from Australia

Foster, M (University of Melbourne, Faculty of Law, 2009)
Protection Elsewhere: The Legal Implications of Requiring Refugees to Seek Protection in Another State

Foster, M (University of Michigan Law School, 2007)