MONDAY 12 AUGUST 2013

De Minimis
Official Newspaper of the Students of Melbourne Law School, Established 1948, Revived 2012 Volume 4, Issue 3

www.mudeminimis.com

Spotlight: CTLS
Talking with Nina

Nina Janic is one of the three students from MLS who, along with this author and Harith Nordin, participated in the CTLS program in the January 2013 semester. DM: What made you decide to go to CTLS? NJ: I had been on exchange in undergrad, so I had an idea of how great [it is] studying overseas, the people you meet, travel, etc. And after almost five years straight of uni I was ready to get away again. I had heard great things about CTLS from students who had done it, and thought it would be a new exchange experience. Also, I really love London and there wasnt that much choice for JD exchange. CTLS was by far the best option, especially as international law has an increasing bearing on all aspects of law. How did CTLS compare to your expectations prior to arrival? CTLS has surpassed my expectations. The students and teachers have been incredible. While some classes are not my favourite, as a whole the program offers you a lot. For example, guest lectures, the business breakfast, Lord Millet, etc. Would you recommend CTLS to others? Definitely recommend it, especially as a way of expanding your learning options, and to see if youre interested in international law. What have you gained from participating in CTLS? A new understanding of international Continued Page 4

THE MLS STUDENT TRIO (L-R): HARAM KWON, HARITH NORDIN AND NINA JANIC, WITH PROF. PETER RUSH. (PHOTO: JASON LEE HONG JET)

MLS Students Brave London Coffee Whilst Learning from the Best
Haram Kwon
CTLS, or the Center* for Transnational Legal Studies, is a collaborative effort by a number of law schools from around the globe, coordinated by Georgetown University Law Center and located in London.* Or, as I like to think of it, as close to a commune of law schools as it is possible to get. CTLS is different from your traditional exchange, as each semester students and faculty come from member universities, and the majority are there for only one semester. If Im being completely honest, I had no intentions of going to CTLS. The plan was always to go on exchange to Amsterdam. But somehow, when I was speaking to the Study Abroad and Exchange Advisor** I was sold into going to London instead. And Im glad that I did despite the lack of sunlight, a snowstorm in April, and the elusive (but existent) good coffee. It was a unique experience being surrounded by students who were all in exchange mode, and having so many diverse points of view in classes. After the semester finished, I asked an MLS student and the MLS faculty representative to share some thoughts about their experiences at CTLS. *not typo **Matt Healey, possibly the most prompt responder of emails in the entire student centre

De Minimis: available online, now in vibrant 2-D colour www.mudeminimis.com

2 FEATURE
The CTLS Experience 2013

De Minimis mudeminimis.com Volume 4, Issue 3

THE WHOLE CTLS ENSEMBLE FROM THE JANUARY 2013 PROGRAM. (PHOTO: JASON LEE HONG JET)

Talking with Prof. Peter Rush

Haram Kwon
Associate Professor Peter Rush was the MLS faculty representative at CTLS in the January 2013 semester, and taught two subjects, Transitional Law, and International Criminal Law (the latter co-taught with Professor David Luban of Georgetown University). DM: How did you become interested in international Law? PR: Legal theory and jurisprudence is intrinsically, from its inception, a transnational understanding of law, which is alive to the differences within legal systems historically, and between legal systems in the contemporary world. So although I specialised for a long time in criminal law, about 10 15 years ago, I started thinking I could build and expand that area of criminal law and comparative criminal law, to take account of the development in the 1990s of international criminal justice, which has always struggled with the different legal systems which it draws upon, not just international law and regional systems such as the European Union and Southern Cone, but also the plurality of civil law and common law traditions. How did you become involved with CTLS? In 2012, I was invited to give a colloquium at CTLS, and my experience of that was outstanding. Students were engaged, and my colleagues were enthusiastic in talking about their own interests and in creating a dialogue across jurisdictions. I was talking on ways in which Argentina, law and film have contributed to our contemporary understanding of international criminal justice, and people were really willing to talk across both disciplines and legal areas. So I became very enthusiastic at that point, and [then co-director] Naomi Mezey invited me to put my name forward as the Melbourne representative for the 2012 2013 academic year. What do you think CTLS contributes to a law students learning? The primary benefit of CTLS is that it is designed and practices its teaching and study in such a way as to open law students to the variety and distinctiveness of the many jurisdictions, which

contemporary lawyers on the global stage encounter on a daily basis. It brings together some of the best students from more than 15 legal jurisdictions, and brings them into a hothouse environment where there is a focus on engaging across jurisdictions, across subject areas, and thinking about the challenges and possibilities of transnational study. What is unique about this is [its] not the same as simply going on exchange, where you are only exposed to one jurisdiction and the issues that are most pressing for that jurisdiction in a transnational context. I think it is striking that I encountered students from Jerusalem, both Hebrew and Palestinian, from Switzerland, Italy, Korea, China, Portugal, Colombia, Singapore, Russia, Germany, Canada, the USA, amongst others. In this sense, CTLS is like doing all the exchanges in one place. The differences between the jurisdictions make it imperative that you encounter and deal with the different ways in which legal problems are both framed, given shape, and also solved, using the tools that are sometimes doContinued Page 4 De Minimis Staff
Editor Dean R. P. Edwards Online/Layout Editor Mika Tsoi Quiz Editor Anna Nodrum General Staff Nicholas Baum, Peter Botros, Reegan Grayson-Morison, Emma Henderson, Thomas Ho, Haram Kwon, Andrew Michaelson, Melissa Peach, Doug Porteous, Raoul Renard, Tessa Sidnam, Jess Sykes, Christine Todd, Jessica Williams, Annie Zheng

ASSOCIATE PROF. PETER RUSH. (PHOTO: JASON LEE HONG JET)

De Minimis mudeminimis.com Volume 4, Issue 3

TRAVEL 3

Canberra: A Law Students Paradise

Evan Lacey
Sydney on the Tuesday, and when we Canberra cops a lot of flack. Indeed, saw that the High Court was sitting Canberra bashing can legitimately that Wednesday, we decided to stay be described as a national sport. Walk in Canberra Tuesday night and spend down Pelham Street and ask Joe Blow the bulk of the next day at the Court what he thinks of the nations capital, and the neighbouring National Galley and chances are hell tell you its boring before continuing on up the Hume to or the pits. the harbour city. Why is this treasure trove so ma Its fair to say that watching oral subligned? missions in Keating was an experience I I guess there could be a variety of will not soon forget. reasons. As a law student, Im very familiar Perhaps Joe Blow is a philistine? Or with reading the Courts judgments. IN ADDITION TO THE HIGH COURT AND PARLIAMENT, CANBERRA maybe hes Indeed, a consid- IS ALSO THE HOME OF SKYWHALE. (PHOTO: WIKIPEDIA) never been to erable chunk of Canberra but ANBERRA HAS MUcH MORE TO my life is spent Ms Mortimers cogent and eloquent is a sporting with my head in responses, given under immense presfellow and so OFFER THE LAW STUDENT THAN CLRs. sure, were extremely impressive. enjoys a spot What I was But Canberra has much more to ofof Canberra JUST THE IGH OURT not hereto familfer the law student than just the High bashing? iar with was what Court. As I see it, goes on inside How about a trip to Silo, the brilliant however, the most likely explanation the Courtroom the extraordinary oral Kingston bakery for a latte and a spot is that Joe Blows only experience of advocacy and the entertaining repartee of pollie-perving? Canberra is a dreary school excursion between the bar and the bench. I left the Or to the National Gallery, Australias long before he was old enough to apCourt with a real admiration for the skill greatest cultural institution, to check out preciate the citys delights. of the barristers. the remarkable permanent collection? Case in point, during the Easter At various points in her submis Or to the winery Clonakilla to sample break I was in the public gallery in the sion, counsel for the defendant, Debbie their 97-point Shiraz Viognier? High Court watching oral submissions Mortimer SC, was interrupted by Justice In conclusion, I urge you to give in the case of Director of Public ProsHayne, who peppered her with complex Canberra another go; its a true treasure ecutions v Keating when a group of questions about her submission. trove. school students filed in and took their seats. Not surprisingly, they had no idea what was going on. Leaving aside matters of statutory construction, retrospectivity and Chapter III, the students probably didnt know much at all about the function of a court. Bored senseless, they quickly began fidgeting and whispering to one another. Within five minutes they were led out by their teacher, probably en route to Parliament, followed by the War Memorial, each institution boring them as much as the last. If this sounds familiar, if you too suffered through one of these school excisions and the experience turned you into a Canberra basher, I urge you to give the city another chance. Canberra might be boring for the A VIEW OF OLD PARLIAMENT HOUSE FROM THE NOT-SO-DISTANT PAST. (PHOTO: AUSTRALIAN GEOGRAPHIC) school-aged, but for a law student its the best. My Easter trip to Canberra was quite brief, lasting all of 30 hours. A Reegan Grayson-Morison friend and I had arranged to drive to Canberra: Its all right.

Canberra Counterpoint

4
Equity Uncle

De Minimis mudeminimis.com Volume 4, Issue 3

QUIZ
you did. Equity works for the NSA. Equity doesnt blush, because Equity is never embarrassed. This isnt because Equity doesnt occasionally act in stupid ways have you read Lumbers? but rather because Equity is omniscient, and Equity knows what other people do. And it is obscene. If Equity were you, Equity would pluck up the courage to look your groupies classmates in the eye. Smile, even. Theyll be feeling just as poorly as you. And so they should. Kind regards, Equity Uncle. from other countries. I lived with two of the Italian girls from the program I had never met before. Get outside your comfort zone and move in with students that arent from your home uni. London is an incredible city, so make sure you get out lots. Thoughts about the weather/coffee? Coffee on the whole is beyond average. However, many New Zealanders and Aussies have made the pilgrimage to rectify this situation. I recommend Prufrock, Nude Espresso, Allpress and so forth. variety of legal mechanisms which are appropriate to the local context? Because one of the defining tensions within international criminal law is the relationship between the international community and the plurality of local interests, communities and institutions. For the profession, I think the key challenge is how to manage the diversity, and often fragmentation of legal regimes in plural jurisdictions. Advice for students? First, be open-minded when coming to CTLS, and you will get more out of your interactions and social relationships and study when you are here. Second, plan your trip as early as possible. Third, speak with academics who have taught at CTLS and other students who have been. It is always useful to get details of what to expect, and what not to expect. 1. What did Clyde Tombaugh discover? 2. What are the two elements found in steel? 3. Which three countries are the largest consumers of cigars? 4. Before changing its name to New York, what was the city formerly known as? 5. What is the Internet most used for: social media, pornography or online shopping? 6. Which US State has produced the most astronauts? 7. What do the Argentines call the Falklands? 8. What was the name of the group that killed Archduke Franz Ferdinand, thereby leading to WWI? 9. What city was Christopher Columbus from? 10. Who was the drummer for the Queens of the Stone Age Song, No One Knows? Answers below. This weeks quiz compiled by Anna Nodrum.

Hide Ye Not from Equitys Gaze

Dear Equity Uncle, I fear to write you out of embarrassment. I did something on the weekend, and I cant reveal details; not even the NSA knows. But I need to do a group assignment with those involved, but I cant look them in the eye. Does equity blush? Sincerely Ashamed Dear Mr Ashamed, It is said that one who seeks Equity must do Equity but dont you be getting any ideas, you shameful little man. Equity is omniscient. Equity knows what

Talking to Nina Janic

Continued from Page 1 law, and a bunch of new friends and experiences. Any advice for people about the application process or living in London? If you have the luxury of coming to London one to two weeks before the program starts to house-hunt, do it, as you will be able to find a decent apartment. Also, I highly recommend joining the Facebook group to get some housemates

Upcoming Events
Thursday, 15 August Friday, 23 August Performance Enhanced, the 2013 Melbourne University Law Revue. Performances: 8 pm, Thursday and Friday, 1516 August; 6 pm, Sunday, 18 August; 8 pm, Thursday and Friday, 2223 August. Tickets cost $20, with proceeds going toward SANE Australia. Tuesday, 20 August A Bill of Rights for Australia, part of Global Thinking Lecture Series with Julian Burnside AO QC, hosted by the Global Law Students Association. 6.30 pm. Location TBC. RSVP at glsa-professional@ unimelb.edu.au. Friday, 23 August Challenging Life Sentences for Children American and International Perspectives, hosted by the Institute for International Law and the Humanities, with convenor Associate Prof. John Tobin. 1 pm, with a lunch served at 12.45 pm. Room 609. Registrations essential: <http://bit.ly/16kqVbn>.

Interview with Prof. Rush

Continued from Page 2 mestic, sometimes regional, sometimes international, and sometimes jurisprudential. It thus prepares students for the interesting and challenging rewards of working in the contemporary legal world. What do you think are the most critical challenges facing the legal profession in international criminal law? The key challenge always in international criminal law, and international criminal justice more broadly, has been to work out what the role of the law is in the aftermath of extensive cross-border conflict and mass atrocity. Whether law should be the way in which we respond to these conflicts and atrocities? How does law respond to these sorts of situations? What are the

QUIZ ANSWERS. 1. Pluto 2. Iron and carbon 3. USA, Germany, UK 4. New Amsterdam 5. Social media 6. Ohio 7. Las Islas Malvinas 8. The Black Hand 9. Geona, Italy 10. Dave Grohl