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Abstract:
The United Nations Scientific, Education and Cultural Organisation (UNESCO) Universal Declaration on Bioethics and Human Rights (UDBHR) expresses in its title and substance a controversial linkage of two normative systems: international human rights law and bioethics. The UDBHR has the status of what is known as a ‘non-binding’ declaration under public international law. The UDBHR’s normative foundation within bioethics (and association, for example, with virtue-based or principlist bioethical theories) is more problematic. Nonetheless, the UDBHR contains socially important principles of technology transfer and transnational benefit (articles 14, 15 and 21). This paper is one of the first to explore how the disciplines of bioethics and international human rights law may interact in the UDBHR to advance the policy relevance and health impact of technology transfer and transnational benefit principles. It investigates their normative ancestry in the UDBHR, as well as relevant conceptual differences between bioethics and public international law in this respect and how these may be relevant to their conceptual evolution and application.

Technology transfer, transnational benefit, social responsibility principle, UNESCO, Universal Declaration on Bioethics and Human Rights, Multinational Corporations

Abstract:
The United Nations Scientific, Education and Cultural Organization Universal Declaration on Bioethics and Human Rights (UDBHR) expresses in its title and substance a controversial linkage of two normative systems: international human rights law and bioethics. The UDBHR has the status of what is known as a 'non-binding' declaration under public international law. The UDBHR's foundation within bioethics (and association, e.g., with virtue-based or principlist bioethics theories) is more problematic. Nonetheless, the UDBHR contains socially important principles of technology transfer and transnational benefit (articles 14, 15 and 21). This paper is one of the first to explore how the disciplines of bioethics and international human rights law may interacts in the UDBHR to advance the policy relevance and health impact of such principles. It investigates their normative ancestry in the UDBHR, as well as relevant conceptual differences between bioethics and international public law in this respect, and how these may be relevant to their conceptual evolution and application.

bioethics, cosmopolitanism, international human rights, principlism, technology transfer, transnational benefit, United Nations, virtue ethics

Abstract:
On 18 January 2006, an interesting and important case developed around whether Australia should grant asylum from Indonesia to 43 West Papuans who found their way to Cape York Peninsula in a traditional canoe. One of those asylum seekers, Mr Wainggai, the son of the founder of the West Papuan independence movement, was being held for the sins of his mother. The fact that his mother was born in Japan raised the view in the Immigration Department's eyes that he was Japan's responsibility, not theirs. This comment examines whether Mr Wainggai had the right to reside in Japan based on nationality, immigration or refugee status so as to provide a reasonable ground for the Department to refuse his visa application.

Australia, Japan, West Papua, Immigration and Refugee Law

Abstract:
The ‘Precautionary Principle’ provides a somewhat ill-defined guide, often of uncertain normative status, for administrative decision makers exercising decision-making power in circumstances of potential risk to human health or the environment. This paper seeks to explore to what extent the precautionary principle should have been and was in fact utilized by the Australian Therapeutic Goods Administration (TGA) in its decision to approve the marketing of sunscreens containing titanium dioxide (TiO2) and zinc oxide (ZnO) in nanoparticulate form. In particular, this article assesses to what extent better application of that principle might have altered the TGA’s decision that TiO2 and ZnO ENPs in sunscreens do not require new safety testing, because they are functionally equivalent to their bulk counterparts.

nanotechnology, nanotoxicology, sunscreens, precautionary principle, regulation

Abstract:
The article discusses the Supreme Court’s judgment from 4 June 2008 on the constitutionality of Article 3 of the Japanese Nationality Act. The decision concerned a very technical question left out in the recent development of nationality law in Japan – whether the requirement of legitimation is discriminatory and unconstitutional against those children acknowledged by their father after birth in the absence of the parents’ marriage. In reaching its conclusion, the majority took a bold approach to the application of the non-discrimination principle to nationality issues as well as to the role of judicial review in providing relief for those affected by an unconstitutional provision. There are still some aspects of the judgment that remain unsatisfactory in its reasoning, especially with regard to the understanding of nationality law from international law and human rights perspectives, as well as the use and analysis of the practice in foreign countries. Nevertheless, the judgment should be commended for paving the way for developing a modest form of dialogue with the legislature on constitutional issues. It is hoped that this judgment becomes a model upon which constitutional issues are actively dealt with by the judiciary, giving impetus for wider debate by the legislature and the public at large

Japanese Constitution, Nationality Act, citizenship, judicial review, dialogue

Abstract:
With the controversial overseas deployment of Japanese Self-Defense Force to Iraq, Japan seems to be seizing the real opportunity to amend the famous war-renunciation provision - Article 9 of the Japanese Constitution. The ambiguity inherent in Article 9 might have rendered itself unhelpful for testing the Government’s decisions. It also might have helped illegitimate military actions being undertaken in Iraq. However, an international law perspective will throw light on the rationale of Article 9 to ascertain the envisaged scope of restriction. It may well redeem the ambiguity in Article 9 and reassert its significance in the modern context.

Article 9 of the Japanese Constitution, self-defence, US-Japan Security Treaty, UN peace operations

Abstract:
The Security Council’s failure to react when Israel initiated its third large-scale military incursion into southern Lebanon in July 2006 stands in contrast to the overall reform agenda towards a responsive and accountable Security Council. While the idea of ‘responsibility to protect’ increasingly gains recognition, the delay in reacting to this event demonstrated a setback contrary to legitimate expectations expressed by member states. This article uncovers the extent to which the international community has come to recognize the legal significance of the Security Council’s responsibility under the UN Charter, what legal implications the failure of reaction could entail, and what needs to be reformed to rectify the ‘responsibility deficit disorder’ of the Security Council. It is argued that the Security Council’s responsibility under Art. 24(1) carries growing legal significance, which requires reform of the 'attitude' and 'culture' of the Security Council towards conflict management by mainstreaming peacekeeping operations in its security policy

Responsibility to Protect, UN Security Council, UN Charter, Article 24, 2006 Southern Lebanon Crisis, conflict management, peacekeeping

Abstract:
Since its inception in 1996, the temporary skills migration program has been playing a pivotal role in addressing skilled labour shortages in Australia. However, the current program requires regulation for skills to be properly assessed and maintained, and labour shortages identified for each industry. A solution can be found by adopting one, or a combination of three proposed regulatory mechanism models.

labour migration, subclass 457 visa, law reform, regulatory model

Abstract:
The United Nations Scientific, Education, and Cultural Organization Universal Declaration on Bioethics and Human Rights (UDBHR) expresses in its title and substance a controversial linkage of two normative systems: international human rights law and bioethics. The UDBHR has the status of what is known as a “nonbinding” declaration under public international law. The UDBHR's foundation within bioethics (and association, e.g., with virtue-based or principlist bioethical theories) is more problematic. Nonetheless, the UDBHR contains socially important principles of technology transfer and transnational benefit (articles 14, 15, and 21). This paper is one of the first to explore how the disciplines of bioethics and international human rights law may interact in the UDBHR to advance the policy relevance and health impact of such principles. It investigates their normative ancestry in the UDBHR, as well as relevant conceptual differences between bioethics and public international law in this respect, and how these may be relevant to their conceptual evolution and application.

bioethics, cosmopolitanism, international human rights, principlism, technology transfer, transnational benefit, United Nations, virtue ethics

Abstract:
While there have been increasing demands for strengthening UN capacity for peacebuilding, recent peacebuilding operations under UN transitional territorial administration have obscured and downgraded the importance of normative and legal questions and have failed to address the right to self-determination in substance. It is argued that the legal issues surrounding such operations, including the legal basis for establishing transitional administrations, the legal status of the territories under administration and the legal regulations governing the powers given to UN administrators, must be contemplated in such a way as to focus fully on the internal and substantive aspects of the peoples' right to self-determination.

Peacebuilding, UN transitional territorial administration, self-determination, regulatory regime