Climate change and national laws across Commonwealth countries

This paper furthers the Commonwealth agenda on climate action by exploring the kinds of ‘practical and swift action’ that might be taken through national legal frameworks to implement the Paris Agreement. The paper reviews national laws of Commonwealth member countries as they currently apply to and intersect with climate change. The paper investigates legal measures that relate directly to implement climate change policy, including climate change legislation and regulatory instruments such as emissions trading schemes and energy efficiency measures. It also considers indirect legal measures that can provide ‘co-benefits’ in relation to climate change policy, such as waste legislation and air quality measures. The paper presents examples of these different kinds of climate intersections in different Commonwealth legal systems, highlighting examples of what has worked well and what has not worked well to date, within different legal, economic and political cultures, and in different geographies and climates.     

A Commonwealth of laws: at 60 and beyond

This piece considers decisions of the Commonwealth Caribbean where applicants have sought to challenge the economic rational or commercial decision of government in enacting legislation without expressly saying so. The courts have considered the question of whether parliament can legislate a reduction of salaries of public servants and privatize aspects of the public service. In the main, the courts in the Commonwealth Caribbean have been able to deal with the legal issue raised without opining on the underlying rationale for the legislation passed by parliament.     

Strengthening Humanitarian Law: what role for Commonwealth countries

This article explores some of the new challenges confronting Commonwealth countries in the context of international humanitarian law (IHL). The very nature of non-international armed conflicts presents new challenges that did not exist in the context of inter-State conflicts, which were conducted in the traditional battlefield with well demarcated boundaries. The point is made that, in addressing the role of the Commonwealth in relation to contemporary IHL issues, a good starting point would be the shared commonalities between the two branches of law, HRL and IHL, notwithstanding their distinct paths of development. There are several important areas that could form the core of Commonwealth cooperation in strengthening IHL, including in the area of legislation, national mechanisms for the implementation of IHL and regional measures to strengthen IHL.     

Disaster management,risk reduction and international disaster response laws in the Commonwealth

This paper considers the existence and use of disaster risk management laws across the Commonwealth. It commences by considering approaches to risk management and disaster response. It reviews international and regional disaster law, policy and tools. The paper examines national disaster risk management laws through the lens of a typology of laws, based on the complexity and scope of the disaster risk reduction and response system. It makes recommendations for Commonwealth countries relating to review of disaster laws, implementation of international frameworks, and the inclusion of disaster risk reduction, recovery, climate change, quality standards and the prevention of sexual and gender-based violence in disaster laws.     

Abortion laws and medical developments: a medico-legal anomaly in Queensland

In October 2010 the District Court sitting in Cairns, Queensland, found Tegan Leach not guilty of attempting to procure her own abortion and Sergie Brennan not guilty of supplying Leach with the drugs Mifepristone and Misoprostol to procure an abortion. Brennan obtained the drugs from his sister in the Ukraine through the regular postal system. R v Brennan and Leach was the first case in Queensland's history where a woman was charged with procuring her own abortion. The drugs are accepted by the medical profession worldwide for medical abortions. A prosecution witness gave evidence that Mifepristone is not harmful or injurious to the health of a woman and it is listed as an essential medicine by the World Health Organisation and approved for use by the Australian Therapeutic Goods Administration. The jury found the defendants not guilty because they were not satisfied beyond reasonable doubt that the combination of the drugs Mifepristone and Misoprostol was a "noxious" substance under the Criminal Code (Old). This article concludes that there is no regulatory miracle which will stop the traffic of Mifepristone and Misoprostol into Australia and therefore an intelligent regulatory response is required which would make it unnecessary for women to seek Mifepristone and Misoprostol from overseas networks and the internet. Among other things, this would include the repeal of confusing, inappropriate and ineffective abortion laws.     

Strengthening Humanitarian Law: Commonwealth countries and the Arms Trade Treaty

This article explores the role of Commonwealth countries with respect to the Arms Trade Treaty (ATT), which is now part of the body of international humanitarian law. This landmark instrument has, as its central objective, the establishment of the highest possible common international standards for regulating or improving the regulation of the international trade in conventional arms; prevent and eradicate the illicit trade in conventional arms and prevent their diversion. Trinidad and Tobago and other Member States of the Caribbean Community strongly supported the movement which culminated in the adoption of the ATT and participated actively in the negotiations which led to the conclusion of this historic Treaty. It is obvious that the international community now has within its arsenal an agreement, which, if embraced by all, could erase an ample amount of the pain and suffering associated with the billion dollar illegal arms trade. Commonwealth countries should continue to show leadership in this endeavour and work towards increasing the number of States Parties to the ATT.     

UK Commission concludes international patent laws hinder access to medicines in developing countries

On 12 September 2002, the UK Commission on Intellectual Property Rights, an independent body established in May 2001 by the British government, released its report analyzing the impact of international agreements on patents. The report, Integrating Intellectual Property Rights and Developmental Policy, makes 55 recommendations "aimed at aligning [intellectual property] protection with the goal of reducing poverty".