Publications by Bassina Farbenblum | Law

Publications by Bassina Farbenblum

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Books

Bassina Farbenblum, Eleanor Taylor-Nicholson and Sarah Paoletti, Migrant Workers' Access to Justice at Home: Indonesia (Open Society Foundations, 2013)

Sarah Paoletti, Eleanor Taylor-Nicholson, Bandita Sijapati and Bassina Farbenblum, Migrant Workers' Access to Justice at Home: Nepal (Open Society Foundations, 2014)

Journal Articles

Bassina Farbenblum and Laurie Berg, 'Migrant Workers' Access to Remedy for Exploitation in Australia: The Role of the National Fair Work Ombudsman' Australian Journal of Human Rights (forthcoming, Nov. 2017)

Bassina Farbenblum and Justine Nolan, 'The Business of Migrant Worker Recruitment: Who has the Responsibility and Leverage to Protect Rights?' 52 (1) Texas International Law Journal (2017)

Bassina Farbenblum, 'Governance of Migrant Worker Recruitment: A Rights-Based Framework for Countries of Origin' 7(1) Asian Journal of International Law 152 (2017)

Bassina Farbenblum, 'Executive Deference in U.S. Refugee Law: Internationalist Paths Through and Beyond Chevron' 60 Duke Law Journal 1059 (2011)

Caroline Bettinger-Lopez and Bassina Farbenblum, 'The Human Rights of Non-citizens' 104 American Journal of International Law 714 (2010) (book review)

'Deaths of Detainees in the Custody of US Forces in Iraq and Afghanistan From 2002 to 2005',  Medscape General Medicine, 2006, 8(4):46, with Scott A. Allen, MD, Josiah D. Rich, MD, Robert C. Bux, MD, Matthew Berns and Leonard Rubenstein

Law Reform Submissions

Submission No 11 to Senate Standing Committee on Legal and Constitutional Affairs Inquiry into Detention of Indonesian Minors in Australia

Submission No 3 to Senate Standing Committee on Legal and Constitutional Affairs Inquiry into the Migration Amendment (Removal of Mandatory Minimum Penalties) Bill 2012 

Submission No 4 to Senate Standing Committee on Legal and Constitutional Affairs Inquiry into the Crimes Amendment (Fairness for Minors) Bill 2011

Submission No 15 to Senate Standing Committee on Legal and Constitutional Affairs Inquiry into the Deterring People Smuggling Bill 2011

Submission No 23 to Senate Standing Committee on Legal and Constitutional Affairs Inquiry into the Anti-People Smuggling and Other Measures Bill 2010, with Jane McAdam 

Reports and Policy Briefs

Alexander Reilly, Joanna Howe, Laurie Berg, Bassina Farbenblum & Dr George Tan, International Students and the Fair Work Ombudsman, Fair Work Ombusman (2017)

Policy Brief: The Exploitation-Trafficking Continuum in Labor Migration and the Need for Reform in Nepalwith Eleanor Taylor-Nicholson, Sarah Paoletti and Bandita Sijapati (2014)

Policy Brief: Labor Migration Agents in Nepal: Regulation, Accountability and Alternatives, with Eleanor Taylor-Nicholson, Sarah Paoletti and Bandita Sijapati (2014)

Policy Brief: Overseas Assistance for Nepali Migrant Workers Seeking Justice Abroad, with Eleanor Taylor-Nicholson, Sarah Paoletti and Bandita Sijapati (2014)

Policy Brief: A Risky Business Accountability of Manpower Agencies in Nepalwith Eleanor Taylor-Nicholson, Sarah Paoletti and Bandita Sijapati (2014)

Strengthening Embassy Protection for Indonesian Migrant Workers: A Policy Brief for the Indonesian Ministry of Foreign Affairs, with Eleanor Taylor-Nicholson and Sarah Paoletti (2013)

Creating a Stronger Migrant Labour Framework for the Next Decade: A Policy Brief for the Indonesian Parliament, with Eleanor Taylor-Nicholson and Sarah Paoletti (2013)

Improvement and Expansion of Migrant Worker Mediation Services: A Policy Brief for the Indonesian National Agency for the Placement and Protection of Migrant Workers, with Eleanor Taylor-Nicholson and Sarah Paoletti (2013)

Justice for Indonesia’s Millions of Migrant Workers: A Policy Brief for the Indonesian Ministry of Manpower and Transmigration, with Eleanor Taylor-Nicholson and Sarah Paoletti (2013)

Crossing The Line: Damaging Immigration Enforcement Practices by New Jersey Police FollowingAttorney General Law Enforcement Directive 2007-3 Apr. 2009, The Center for Social Justice, Seton Hall School of Law

Torture by Proxy: International and Domestic Law Applicable to "Extraordinary Renditions", contributing author, Association of the Bar of the City of New York & Center for Human Rights and Global Justice (New York: ABCNY & NYU School of Law, 2004).

Select Amicus Curiae Briefs Authored

Supreme Court of the United States, 2009 - Brief of Amici Curiae Human Rights and Religious Organizations, Al-Marri v. Spagone (international and constitutional law brief challenging indefinite detention of domestic "enemy combatant")

U.S. Court of Appeals for the Third Circuit, 2008 - Brief of Amici Curiae Scholars of International Human Rights Law, Khouzam v. Chertoff (international and comparative law brief challenging legality of diplomatic assurances against torture)

U.S. Court of Appeals for the District of Columbia, 2008 - Brief of Amici Curiae Scholars of International Humanitarian Law, Saleh v. Titan; Ibrahim v. Titan (international law brief on liability of private military contractors for detainee abuse in Iraq)

U.S. District Court for the District of New Jersey, 2008 - Brief of Amici Curiae New Jersey Institute for Social Justice et al., Delrio-Mocci v. Connolly Properties (international and constitutional law brief challenging use of anti-corruption laws against landlord leasing apartments to undocumented immigrants)

U.S. Court of Appeals for the Third Circuit, 2006 - Brief of Amici Curiae Harvard Immigration and Refugee Clinic, Human Rights First, Human Rights Watch et al., Yusupov v. Attorney General (first appellate challenge to Attorney General's construction of national security exception to asylum; cited by U.S. federal courts for use of international and comparative law in construing federal statutes)

Other Publications

‘Is the World Cup Worth Dying For?’ Human Rights Defender Vol. 23 Issue 1 April 2014 26 (with Justine Nolan); re-published in UNSW Uniken Issue 73, Spring 2014

'Smuggling Prosecutions: Unfair and Costly'ABC The Drum (12 December, 2011)

‘Afghan and Sri Lankan Asylum Seekers in Limbo: Setting a Poor Regional Example’ (2010) Court of Conscience

 ‘Australia’s Role in the Interception and Detention of Asylum Seekers in Asia: Advocating for Transparency and Accountability’ (2010) 19(3) Human Rights Defender

Select Recent Conference Papers and Presentations

Selected speaker, "Remedying migrant worker exploitation in Australia", with Dr Laurie Berg, Symposium on Transnational People-Movement and Social Rights (Sydney University, Sydney 13-14 December, 2016)

Invited speaker, Panelist, "Strategies, Approaches and Stakeholders", Regional Dialogue on Women Migrant Workers (IWRAW, Bangkok 7-9 December, 2016)

Selected speaker, "Remedying migrant worker exploitation in Australia – Lessons from the 7-Eleven Wage Panel", with Dr Laurie Berg, 'International and Comparative Perspectives on Australian Labour Migration’ Workshop (Melbourne Law School, Melbourne 21-22 July, 2016)

Invited speaker, “Strengthening Indonesian migrant workers’ access to justice”, Indonesian Ministry of Foreign Affairs Directorate of the Protection of Indonesian Citizens and Legal Entities Overseas – Annual National Coordination Meeting (Rakornas) (Jakarta, 21 October 2015)

Invited speaker on two panels, “Addressing Policy Gaps in International Labor Recruitment Regulation”, and “Beyond Pre-departure – Pursuing Access to Justice”, Solidarity Centre Conference on Worker Rights & Shared Prosperity (Bogor, Indonesia, August 2015) 

Invited speaker and panel chair, 'Q&A with leading experts on approaches to the regulation of recruitment and labour and criminal justice responses', International Labour Organization and UN Office on Drugs and Crime Workshop - Regulating Recruitment: Labour and Criminal Justice Responses in Preventing Trafficking in Persons and Migrant Exploitation (Bangkok, 18-19 November, 2014)

Invited speaker, 'Rights-Based Governance of Labour Migration: The View from Countries of Origin', UNESCO Symposium on Human Mobility, Diversity and Justice (Deakin University, Melbourne, 10 November, 2014)

Invited speaker, 'Accountability in Recruitment and Migrant Workers’ Access to Remedies: Looking through the Lens of Recruitment Contracts', Ingram Workshop on Migrant Recruitment in the Asia Pacific Region (UNSW Law, Sydney, 22 October, 2014)

Opening address, Ingram Symposium on Governance of Labour Migration in the Asia Pacific Region (UNSW Law, Sydney, 21 October, 2014)

Panelist, Roundtable Discussion - Labour Migration, Development and the Private Sector (Australian Department of Foreign Affairs and Trade, Canberra, 23 October, 2014) 

'Migrant Workers' Access to Justice in Indonesia: Proposals for Reform', Half-day seminar for NGOs and IGOs working on women’s rights issues in Indonesia, convened by the MAMPU (Empowering Indonesian Women for Poverty Reduction) program of the Australian Department of Foreign Affairs and Trade (Jakarta, September 2014).

Invited commentator, ‘Migrant workers’ access to justice in South and South East Asia’, Workshop on Forced Migration and Human Rights Protection in the Asia Pacific Region: Mobilising Opportunities (Monash Law School, Melbourne, 8 August, 2014)

Invited speaker, 'UNSW Human Rights Clinic: Teaching Reflective Human Rights Lawyering', Australian Human Rights Teachers Workshop (Melbourne Law School, February 2014)

Invited Oral Evidence to Senate Standing Committee on Legal and Constitutional Affairs' Inquiry into Detention of Indonesian Minors in Australia, on international human rights law implications of the Bill (24 August, 2012)

Invited Oral Evidence to Senate Standing Committee on Legal and Constitutional Affairs' Inquiry into the Crimes Amendment (Fairness for Minors) Bill 2011, on international law implications of the Bill (16 March, 2012)

Invited Oral Evidence to Senate Standing Committee on Legal and Constitutional Affairs' Inquiry into the Deterring People Smuggling Bill 2011, on international law implications of the Bill (11 November, 2011)

Selected speaker, ‘International Dimensions in Clinical Legal Education: Opportunities and Challenges for Australian Clinics’ (Australian national conference on clinical and experiential learning, UNSW, 7 September, 2011)

Selected speaker, ‘Australian Interception of Asylum Seekers in Asia: Opportunities and Obstacles for Public Interest Lawyers Looking Beyond Australia’s Borders’ (Public Interest Law – Opportunities and Obstacles conference, Melbourne Law School, 27 September 2010)

 

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