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Biography
Andrew Byrnes joined the UNSW Law Faculty as Professor of International Law in May 2005. Previously, he was Professor of Law at the Australian National University (2001-2005) and prior to that was Associate Professor of Law at the Faculty of Law, University of Hong Kong, where he was Director of the Centre for Comparative and Public Law and Director of the Master of Laws in Human Rights until his departure in 2001. He served as President of the Australian and New Zealand Society of International Law from 2009 to 2013. He is currently Chair of the Steering Committee of the Australian Centre for Human Rights and a member of the Board of the Diplomacy Training Program. He served as external legal adviser to the Australian Parliamentary Joint Committee on Human Right from November 2012 to September 2014.
Areas of Expertise (4)
Combating Ageism
Law
Public Policy
Human Rights
Affiliations (4)
- Australian Yearbook of International Law : Member Editorial Board
- Australian Journal of Human Rights : Editorial Board member
- New Zealand Yearbook of International Law : Advisory Board Member
- New Zealand Armed Forces Law Review : Member Advisory Board
Languages (1)
- English
Media Appearances (5)
Bali drug trio call for help
SBS online
2015-02-24
International law expert Andrew Byrnes, from the University of NSW, told the court's panel of nine judges the imposition of the death penalty in a drugs case would violate international law. He said judicial analysis showed the death penalty did not deter future drug traffickers, and international law had placed limits on executions, restricting it to "the most serious crimes" involving the loss of life. "This court is not being asked to break radical new ground in terms of international human rights law," he said. "Rather, the international law has been set out very clearly." Byrnes also argued the three should be allowed to challenge the law even though they were not Indonesian citizens, because Indonesia was party to international conventions which protected the right of equality before the law.
Human rights obligations go beyond politics
Sydney Morning Herald online
2015-02-16
Independent public office holders are an important part of modern democratic societies. Their task is to ensure accountability for abuses of power by government. Their capacity to perform this role depends on their independence and ability to act impartially. The Australian Human Rights Commission is one such institution.
In Support Of Gillian Triggs
New Matilda online
2015-01-20
We write to express our concern over the recent criticism of one of Australia’s most respected independent public office holders, Australian Human Rights Commission President Gillian Triggs. Below we comment on the relentless attacks, including from the Prime Minister, of her recommendation in the Basikbasik matter. In our view, they are based on a misunderstanding of the role of the Commission.
Aust military trashes Geneva Convention
Green Left Weekly online
2011-07-09
However, University of NSW international law expert Professor Andrew Byrnes told the SMH: “It is clear that the ADF and the government’s lawyers felt very uneasy about this considerable stretch of the legal imagination — and so they should have. Attempts to avoid obligations through legal artifice have no place in the Geneva Conventions’ protective framework.” The documents have also revealed the ADF and the Australian government were aware of concerns about the treatment of prisoners at Abu Ghraib, despite claiming they knew nothing.
Soon I learn whether I live or die, Rush writes
Sydney Morning Herald online
2010-06-17
Professor Andrew Byrnes from the University of NSW, who is recognised by Indonesia's Constitutional Court as an impartial expert on international law and the death penalty, has also provided a submission and will testify for Rush. Numerous errors have also been identified in the sentence, including the assessment that only the death penalty can apply in Rush's case and a failure to consider mitigating circumstances such as his age and remorse.
Research Grants (9)
Whose law is it, anyway? Citizens' and peoples' challenges to state dominance in the making and application of international law
Australian Research Council $202,000
2011 This project will enhance our understanding of civil society participation in international law-making and implementation, and how scrutiny of the legality of State conduct affects the exercise of political power. Its findings will provide guidance for improving systems of accountability that take full account of all stakeholders' interests.
Protecting economic, social and cultural Rights in the ACT: models, methods and impact
Australian Research Council $127,341
2009 This project will generate new thinking on the protection of economic, social and cultural rights. It will develop impact assessment frameworks and protocols for the assessment of compliance with these rights. The project will benefit not only the ACT by informing consideration of the inclusion of economic, social and cultural rights in the ACT Human Rights Act, but also other Australian jurisdictions' deliberations over bills of rights, including consideration of a national bill. Other benefits include training students and informing Australia's engagement with the UN on an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights.
Protecting economic, social and cultural rights in the ACT: models, methods and impact
ACT Department of Justice and Community Safety $29,800
2009 This project will generate new thinking on the protection of economic, social and cultural rights. It will develop impact assessment frameworks and protocols for the assessment of compliance with these rights. The project will benefit not only the ACT by informing consideration of the inclusion of economic, social and cultural rights in the ACT Human Rights Act, but also other Australian jurisdictions' deliberations over bills of rights, including consideration of a national bill. Other benefits include training students and informing Australia's engagement with the UN on an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights.
Building Human Rights in the Region through Horizontal Transnational Networks: the Role of the Asia Pacific Forum of National Human Rights Institutions
Australian Research Council $165,000
2007 The observance of human rights is an important element of social cohesion and stability in the countries of the region. This project undertakes an evaluation of a regional public network of national human rights institutions, the Asia Pacific Forum of National Human Rights Institutions, and assesses the extent to which a cooperative horizontal endeavour like the Forum can effectively promote and facilitate the implementation of shared international goals in the field of human rights. The research findings will contribute to improved policymaking for the promotion of the implementation of human rights and other international good governance goals in the region.
Building Human Rights in the Region through Horizontal Transnational Networks: the Role of the Asia Pacific Forum of National Human Rights Institutions
Asia Pacific Forum of National Human Rights Institutions $75,000
2007 The observance of human rights is an important element of social cohesion and stability in the countries of the region. This project undertakes an evaluation of a regional public network of national human rights institutions, the Asia Pacific Forum of National Human Rights Institutions, and assesses the extent to which a cooperative horizontal endeavour like the Forum can effectively promote and facilitate the implementation of shared international goals in the field of human rights. The research findings will contribute to improved policymaking for the promotion of the implementation of human rights and other international good governance goals in the region.
The International & Humanitarian Law Library - A global dimension in Australian legal research infrastructure
Australian Research Council $150,000
2009 All researchers in international and humanitarian law in Australian Law Schools will use this infrastructure to improve their research. So will similar researchers from Universities worldwide, enhancing Australia's reputation in this field. Australia's Department of Foreign Affairs and Trade, and other government agencies involved in international law, co-operation and trade, will obtain similar benefits from resources not available within government, assisting the Australian Government's moves toward greater involvement in international institutions. Researchers from non-government organisations with international engagements will benefit from free access, as will all Australians who wish to better inform themselves in these fields.
Australia's first bill of rights: Assessing the impact of the Australian Capital Territory's Human Rights Act
ACT Department of Justice and Community Safety $30,000
2005 The ACT is about to adopt Australia's first bill of rights, the ACT Human Rights Act. This project will document and analyse the implementation of this historic law through its effect on executive and legislative policy and its interpretation by the judicial system. It will also develop a framework for assessing the regulatory impact of bills of rights generally. The project will generate monitoring information for the Industry Partner, publicly accessible information for researchers and policy makers and contribute to the scholarly debate about the significance of bills of rights.
Australia's first bill of rights: Assessing the impact of the Australian Capital Territory's Human Rights Act
Australian Research Council $156,377
2004 The ACT is about to adopt Australia's first bill of rights, the ACT Human Rights Act. This project will document and analyse the implementation of this historic law through its effect on executive and legislative policy and its interpretation by the judicial system. It will also develop a framework for assessing the regulatory impact of bills of rights generally. The project will generate monitoring information for the Industry Partner, publicly accessible information for researchers and policy makers and contribute to the scholarly debate about the significance of bills of rights.
Terrorism and the non-State actor after September 11: The role of law in the search for security
Australian Research Council $180,000
2004 September 11 elicited diverse legal responses to a perceived threat of unprecedented global terrorism. This project will redress the dearth of analysis integrating legal and social-scientific perspectives on recent anti-terrorism laws. Combining perspectives from international and criminal law, criminology and social psychology, the project will explore the challenges these developments pose to accepted legal categories; debates around exceptionalism as a justification for new laws; their unintended and collateral consequences; and public attitudes to new security measures. The research will enhance understanding of current reactions to terrorism and inform policy analysis and public debate over appropriate future responses.
Courses (7)
LAWS3181
International Humanitarian Law
JURD7270
Law in the Global Context
LAWS8188
Law of Armed Conflict
LAWS3381
Public International Law
LAWS8153
Peoples' Tribunals and International Law
LAWS8181
International Human Rights
LAWS8060
Human Rights in Asia