Publications by Andrew Byrnes | Law

Publications by Andrew Byrnes

Back to profile

Recent output (2012-2017)

'The Committee against Torture” in Frédéric Mégret and Philip Alston (eds), The United Nations and Human Rights: A Critical Appraisal (Oxford: Clarendon Press, 2nd ed, forthcoming, 2017)

”The Committee on the Elimination of Discrimination against Women” in Frédéric Mégret and Philip Alston (eds), The United Nations and Human Rights: A Critical Appraisal (Oxford: Clarendon Press, 2nd ed, in press, forthcoming, 2017)

(with Gabrielle Simm)(eds), Peoples' Tribunals and International Law  (Cambridge: Cambrdige University PRe3ss, 3rd ed forthcoming 2017) (Introduction, Chapter 1 and Chapter 11) (in press, forthcoming 2017/8)

(with Catherine Renshaw), 'Within the State' in Daniel Moeckli, Sangeeta Shah, Sandesh Sivakumaran and David Harris (eds), International Human Rights Law (Oxford: Oxford University Press, 3rd ed, forthcoming 2017)

‘Time to put on the 3-D glasses: is there a need to expand JSCOT’s mandate to cover ‘instruments of less than treaty status’?’ Australian International Law Journal (forthcoming, 2017)

‘Whose International Law Is It? Some Reflections on the Contributions of Non-State Actors to the Development and Implementation of International Human Rights Law' (2016) Japanese Yearbook of International Law 14-50 (appeared March 2017)

'Time to put on the 3-D glasses: is there a need to expand JSCOT’s mandate to cover ‘instruments of less than treaty satus’?' Australian Journal of International Law (forthcoming, 2017), revised version of UNSW Law Research Paper No. 2016-23 (which also appeared in JSCOT, Report No 162, Appendix E, 109-126)'

'Australia and International Criminal Law' in  Donald R Rothwell and Emily Crawford (eds), International Law in Australia (Thomson Reuters, 3rd ed 2017) 201-231

‘An international human rights law perspective’ in Gabrielle Appleby and Rosalind Dixon (eds), Constitutional Critical Thinking: Re-reading Monis v The Queen (Federation Press, 2016) 117-134

‘Human rights and the international sports anti-doping regime’, Chapter 5 in Ulrich Haas and Deborah Healey (eds), Doping in Sport and the Law (Hart Publishing, 2016) 81-104

‘The Meanings of International Law: Government Monopoly, Expert Precinct or Peoples’ law? (2014) 32 Australian Yearbook of International Law 11-32 [published July 2015]

(with Gabrielle Simm), “International Peoples’ Tribunals in Asia: political theatre, juridical farce or meaningful intervention?” (2014) 4 Asian Journal of International Law 103‐124

'Gender Challenges for International Human Rights', Chapter 34  in Scott Sheeran and Nigel Rodley (eds), Routledge Handbook of International Human Rights Law (Routledge, 2014) 615-634

'The Role of National Human Rights Institutions' in Maya Sabatello and Marianne Schulze (eds), Human Rights and Disability Advocacy (Philadelphia: University of Pennsylvania Press, 2014) 222-238, 279-285

(with Gabrielle Simm), “Peoples’ tribunals, international law and the use of force” (2013) 36 (2) University of New South Wales Law Journal 711-742

“The Committee on the Elimination of Discrimination Against Women”, in Anne Hellum and Henriette Sinding Aasen (eds), Women´s Human Rights: The CEDAW in International, Regional and National Law (Cambridge, Cambridge University Press, 2013) 25-61

“The implementation of the CEDAW Convention in Australia: success, trials, tribulations and continuing struggle”, in Anne Hellum and Henriette Sinding Aasen (eds), Women´s Human Rights: The CEDAW in International, Regional and National Law (Cambridge, Cambridge University Press, 2013) 321-357

Andrew Byrnes, Mika Hayashi and Christopher Michaelsen (eds), International Law in the New Age of Globalization (Leiden and Boston: Martinus Nijhoff, 2013) xvi, 448 pp (including Editors’ “Introduction” pp 1-8 and “Conclusion”, pp 425-430)

D Tarantola, A Byrnes, M Johnson, L Kemp, A B Zwi and S Gruskin, “Human rights, health and human development”, in Michael A Grodin, Daniel Tarantola, George J Annas and Sofia Gruskin (eds), Health and Human Rights in a Changing World (Routledge, 2013) 154-178 (originally published in (2008) 13(2) Australian Journal of Human Rights 1-32)

(with Beth Goldblatt) (eds), "Special focus on the International Criminal Court: Justice for All? Ten Years of the International Criminal Court" (2012) 18(2) Australian Journal of Human Rights 69-217 (five articles originally presented at the 2012 Conference on the ICC organised by the AHRCentre, the Faculty of Law and the Faculty of Arts and Social Sciences, plus Editors’ 'Introduction', (2012) 18(2) Australian Journal of Human Rights 69-74)

'The protection and enjoyment of economic, social and cultural rights' in Paula Gerber and Melissa Castan (eds), Contemporary Human Rights Issues in Australia (Federation Press, 2012) 125-153

“The Asian Development Bank and the Role of Human Rights in the Pursuit of Just and Sustainable Development in the Asia Pacific Region: an Advocacy Role for Australia?” (2011) 18 Australian International Law Journal 1-21 (published May 2012),
http://ssrn.com/abstract=2128216

“Article 1 [The Definition of Discrimination]” in Marsha Freeman, Christine Chinkin and Beate Rudolf (eds), The UN Convention on the Elimination of All Forms of Discrimination against Women: A Commentary (Oxford: Oxford University Press, 2012) 51-70

“Article 2 [State obligations]” in Marsha Freeman, Christine Chinkin and Beate Rudolf (eds), The UN Convention on the Elimination of All Forms of Discrimination against Women: A Commentary (Oxford: Oxford University Press, 2012) 71-99

“Article 23 [Savings provision]” in Marsha Freeman, Christine Chinkin and Beate Rudolf (eds), The UN Convention on the Elimination of All Forms of Discrimination against Women: A Commentary (Oxford: Oxford University Press, 2012) 531-537

“Article 24 [Adoption of all necessary measures]” in Marsha Freeman, Christine Chinkin and Beate Rudolf (eds), The UN Convention on the Elimination of All Forms of Discrimination against Women: A Commentary (Oxford: Oxford University Press, 2012) 539-545

 

Other recent submissions, presentations and other work

Submission to the Joint Standing Committee on Treaties inquiry into the Australia-China Extradition Treaty, 25 November 2016

Evidence before the Joint Standing Committee on Treaties inquiry into the Australia-China Extradition Treaty (as member of the delegation of the Law Council of Australia), 2 May 2016 (transcript)

‘Do we need a new United Nations convention on violence against women’, lecture jointly organised by the Centre for Comparative Law, Faculty of Law and the Women’s Studies Research Centre, University of Hong Kong, 15 January 2016 (webcast here)

Evidence before the Joint Standing Committee on Foreign Affairs, Defence and Trade’s inquiry into Australia's advocacy for the abolition of the death penalty held on Wednesday, 9 December 2015, Transcript, pp 11-17

Submission into the Inquiry into the Commonwealth’s Treaty-making process conducted by the Senate Standing Committee on Foreign Affairs, Defence and Trade, 27 February 2015 (Submission No 77) (dealing with the non-availability and lack of review by JSCOT of arrangements of less than treaty status)

‘Time to put on the 3-D glasses: is there a need to expand JSCOT’s mandate to cover ‘instruments of less than treaty status’?’, paper presented at 20th Anniversary Seminar of Joint Standing Committee on Treaties, 18 March 2016  (webcast here), UNSW Law Research Paper No. 2016-23. Available at SSRN:http://ssrn.com/abstract=2755328

‘Human Rights under the Microscope: Reflections on Parliamentary Scrutiny’, presentation at the Law Society of South Australia, 11 December 2014), available at <http://bit.ly/1J2iVDw>

Expert panel presentation at the UNGA Open‐ended Working Group on Ageing, Fifth working session, New York, 30 July‐1 August 2014, Panel on Planning for End of Life Care – Legal and Financial Issues

 

Selected previous publications (pre-2012)

Books (authored) (A1)

(with Hilary Charlesworth and Gabrielle McKinnon), Bills of Rights in Australia - History, Politics and Law (Sydney: UNSW Press, 2009), 230pp

Books edited (A3)

Andrew Byrnes, Mika Hayashi and Christopher Michaelsen (eds), International Law in the New Age of Globalization (Leiden and Boston: Martinus Nijhoff, 2013) xvi, 448 pp (including Editors’ “Introduction” pp 1-8 and “Conclusion”, pp 425-430)

(with R Emerton, K Adams, and J Connors (eds)), International Women's Rights Cases (Commonwealth Secretariat and Cavendish, 2005), 880pp

Book chapters (B1)

(with Catherine Renshaw), "Within the State" in Daniel Moeckli, Sangeeta Shah, Sandesh Sivakumaran and David Harris (eds), International Human Rights Law (Oxford: Oxford University Press, 2010) 498-517

"More Law or Less Law? The Resilience of Human Rights Law and Institutions in the 'War on Terror' in Miriam Gani and Pene Mathew (eds), Fresh Perspectives on the 'War on Terror' (ANU E-press, 2008) 127-158, available at http://epress.anu.edu.au/war_terror/pdf/ch08.pdf

 (with Gabrielle McKinnon), "The ACT Human Rights Act 2004 and the Commonwealth Anti-Terrorism Act (No 2) 2005: a triumph for federalism or a federal triumph?" in Miriam Gani and Pene Mathew (eds), Fresh Perspectives on the 'War on Terror' (ANU E-press, 2008) 361-377, available at http://epress.anu.edu.au/war_terror/pdf/ch16.pdf

"United Nations Reform and Human Rights", in Marius Smith (ed), Human Rights 2005 - The Year in Review (Melbourne: Castan Centre for Human Rights, 2006), 31-56, available at http://www.law.monash.edu.au/castancentre/conference/2005/byrnes-paper.html

(with R Emerton, K Adams and J Connors), "Introduction", in Emerton, Adams, Byrnes and Connors (eds) International Women's Rights Cases (Commonwealth Secretariat and Cavendish, 2005) xiii-xliii

'Overview of International Law (International Human Rights Law and its Relation to National Law)', Chapter 4 in National Human Rights Commission of India, Disability Manual (New Delhi: NHRC, 2005) 39-56

"Using International Human Rights Procedures to Advance the Human Rights of Persons with Disabilities", Chapter 11 in National Human Rights Commission of India, Disability Manual (New Delhi: NHRC, 2005) 215-242

"The Law was Warful': The Iraq War and the Role of International Lawyers in the Domestic Reception of International " in Hilary Charlesworth, Madelaine Chiam, Devika Hovell, and George Williams (eds), The Fluid State: International Law and National Legal Systems (Sydney: Federation Press, 2005) 229-250

"The Convention on the Elimination of All Forms of Discrimination against Women" in Wolfgang Benedek, Esther M Kisaakye and Gerd Oberleitner (eds), The Human Rights of Women - International Instruments and African Experiences (London: Zed Books, 2002) 119-172

Refereed journal articles (C1)

(with Catherine Renshaw and Andrea Durbach), "Testing the Mettle of National Human Rights Institutions: A Case Study of the Human Rights Commission of Malaysia" (2011) 1 Asian Journal of International Law 165-198, doi: 10.1017/S204425131000038X

(with Catherine Renshaw and Andrea Durbach), "Human Rights Protection in the Pacific: The Emerging Role of National Human Rights Institutions in the Region" (2010) 8 New Zealand Journal of Public and International Law 117-144

"Second-Class Rights Yet Again? Economic, Social and Cultural Rights in the Report of the National Human Rights Consultation", (2010) 33 University of New South Wales Law Journal  193-238, available here.

(with Catherine Renshaw and Andrea Durbach), "Implementing human rights in the Pacific through the work of national human rights institutions: the experience of Fiji" (2009) 40(1) Victoria University of Wellington Law Review 251-277, also available at [2008] UNSWLRS 66, available at law.bepress.com

(with Andrea Durbach and Catherine Renshaw), "'A Tongue But No Teeth?' The Emergence of a New Human Rights Mechanism in the Asia Pacific Region", (2009) 31(2) Sydney Law Review 211-238, available here

(with Andrea Durbach and Catherine Renshaw), "Joining the club: the Asia Pacific Forum of National Human Rights Institutions, the Paris Principles, and the advancement of human rights protection in the region" (2008) 14(1) Australian Journal of Human Rights 63-98 (working paper version available at [2008] UNSWLRS 39), http://www.austlii.edu.au/au/journals/AJHR/2008/4.html

(with D Tarantola, M Johnson, L Kemp, A B Zwi and S Gruskin), "Human rights, health and human development" (2008) 13(2) Australian Journal of Human Rights 1-32, http://law.bepress.com/cgi/viewcontent.cgi?article=1122&context=unswwps-flrps08

(with Eleanor Bath), "Violence against Women, the Obligation of Due Diligence, and the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women - Recent Developments" (2008) 8(3) Human Rights Law Review 517-533

Conference papers

"The Convention and the Committee: Reflections on their role in the Development of International Human Rights Law and as a Catalyst for National Legislative and Policy Reform", paper presented at UN Commission on the Status of Women, 54th session, New York, 1-12 March 2010, Interactive Panel III, "Commemorating 30 years of CEDAW", available at http://law.bepress.com/unswwps/flrps10/art17/

Submissions and reports (R1)

Andrew Byrnes and Marsha Freeman, “The Impact of the CEDAW Convention: Paths to equality”, Background paper prepared for the World Development Report 2012, 2011, available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2011655

(with Hilary Charlesworth, Renuka Thilagaratnam, and Katharine G Young, Final Report of the Australian Capital Territory Economic, Social and Cultural Rights Project, September 2010, 133 pp (plus 119 pp appendixes) available at http://law.bepress.com/unswwps/flrps10/art71/

Back to top