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Macquarie Law School

Natalie Klein

BA (Juris) LLB (Hons) (Adel), LLM JSD (Yale)

 

Education and Qualifications

Bachelor of Arts (Jurisprudence)
Bachelor of Laws (Honours)

University of Adelaide

Master of Laws
Doctor of the Science of Law

Yale Law School

Additional Qualifications
- Member of the Bar of New York (2002).
- Admitted as a Barrister and Solicitor of the Supreme Court of South Australia (1997).
- Certificate in Travel and Tourism, Adelaide College of TAFE (1993).
- Teaching at University, Advisory Centre for University Education, Adelaide University, Australia (1997).

Debevoise & Plimpton LLP, New York: Fifth year associate in international dispute resolution group. Legal practice involving international and domestic arbitrations (operating under bilateral investment treaties, the International Chamber of Commerce, the American Arbitration Association and the London Court of International Arbitration) and international litigation before the International Court of Justice.

State of Eritrea: Counsel in Eritrea / Yemen maritime delimitation, and Eritrea / Ethiopia boundary dispute; assisted in dispute under the Common Market of Eastern and Southern Africa Agreement; documented human rights abuses and humanitarian law violations by Ethiopia against Eritreans.

United Nations, Office of Legal Affairs, Codification Division, New York: Consultant for a UN publication on the role of the UN in the progressive development and codification of international law during the 1990s; Participation in negotiations on Convention against Terrorist Financing.

University of Adelaide School of Law: Associate lecturer teaching International Law, Trusts, Jessup Moot team.

Bank Litigation Section, South Australia Attorney General's Department: Paralegal involved in discovery for litigation against the directors of the State Bank.

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Publications

Monographs and Edited Volumes

  • Sharks: Conservation, Governance and Management (Oxford: Routledge Earthscan, 2014), pp 1-331.
  • Litigating International Law Disputes: Weighing the Options,Cambridge: Cambridge University Press, forthcoming (edited)
  • Maritime Security and the Law of the Sea (Oxford University Press, 2011).
  • The Role of Dispute Settlement in the United Nations Convention on the Law of the Sea ( Cambridge University Press, 2005).
  • Maritime Security: International Law and Policy Perspectives from Australia and New Zealand (edited with Donald R. Rothwell and Joanna Mossop) (Routledge, 2010).
  • Globalisation and the Quest for Social and Environmental Justice: The Relevance of International Law in an Evolving World Order (edited with Shawkat Alam and Juliette Overland) (Routledge, 2011).

Book Chapters

  • 'Maritime Security' in Donald Rothwell, Alex Oude Elferink, Karen Scott, Tim Stephens (eds), Oxford Handbook on the Law of the Sea, Oxford: Oxford University Press 2015; pp. 582-603 (in press).
  • 'A Maritime Security Framework for the Legal Dimensions of Irregular Migration by Sea' in Efthymios Papastavridis & Violeta Moreno-Lax, 'Boat Refugees' and Migrants at Sea, Leiden: Brill 2015, (In press).
  • 'The Existing Global Legal Regimes' in Techera, E, Klein, N (eds), Sharks: Conservation, Governance and Management (Earthscan, 2014), pp 27-45.
  • Synergies, Solutions and The Way Forward' in Techera, E, Klein, N (eds), Sharks: Conservation, Governance and Management (Earthscan, 2014), pp 309-323.
  • 'Maritime Space' in James C. Sperling (ed) Handbook on Governance and Security (Cambridge: Edward Elgar Publishing, 2014), pp. 388-407.
  • 'Dispute Settlement Options for the Protection of Nationals Abroad' in Klein, N (ed), Litigating International Law Disputes: Weighing the Options, Cambridge: Cambridge University Press, 2014), pp. 436-459.
  • 'Who Litigates and Why' in Romano C, Shany Y, Alter K (eds), Oxford Handbook on International Adjudication (Oxford: Oxford University Press, 2014), pp. 569-593.
  • 'International Dispute Settlement' in Rothwell D, International Law and Australia (3rd ed, forthcoming) (with Henry Burmester and Kate Miles).
  • 'Enforcing Rights in Areas beyond National Jurisdiction through International Litigation' (with Tim Stephens responsible for 50%) in Clive Schofield, Seokwoo Lee, and Moon-Sang Kwon (eds), The Limits of Maritime Jurisdiction (Martinus Nijhoff, 2014), pp. 525-548.
  • 'International Immigration by Sea and by Air' in Richard Perruchoud, Jillyanne Redpath-Cross, Brian Opeskin (eds) Foundations of International Migration Law (Cambridge University Press, 2012), pp. 260-282.
  • "Settlement of International Environmental Law Disputes" in Fitzmaurice & Ong (eds), Research Handbook on International Environmental Law (Edward Elgar Publishing, 2010).
  • "Intelligence Gathering and Information Sharing for Maritime Security Purposes under International Law" in Natalie Klein, Joanna Mossop, Donald R. Rothwell, Maritime Security: International Law and Policy Perspectives from Australia and New Zealand (Routledge, 2010).
  • "Australia, New Zealand and Maritime Security" (with Joanna Mossop and Donald R. Rothwell) in Natalie Klein, Joanna Mossop, Donald R. Rothwell, Maritime Security: International Law and Policy Perspectives from Australia and New Zealand (Routledge, 2010).
  • "Maritime Security and the Law of the Sea" (with Donald R. Rothwell) in Natalie Klein, Joanna Mossop, Donald R. Rothwell, Maritime Security: International Law and Policy Perspectives from Australia and New Zealand (Routledge, 2010).

Journal Articles

  • 'A Case for Harmonizing Laws on Maritime Interceptions of Irregular Migrants' (2014) 63 International & Comparative Law Quarterly 787-814.
  • 'Assessing Australia's Push Back the Boats Policy under International Law: Legality and Accountability for Maritime Interceptions of Irregular Migrants' (2014) 15 Melbourne Journal of International Law 413-443.
  • 'From Eco-Terrorism to Eco-Tourism: Assessing Effective Regulatory Tools and Regimes in Marine Management' (2011) 29 Chinese (Taiwan) Yearbook of International Law and Affairs 123 (published 2013).
  • "David Hicks, Stern Hu, Scott Rush, Jock Palfreeman and the Legal Parameters of Australia's Protection of its Citizens Abroad" (2011) 35 Melbourne University Law Review 134-164.
  • 'Australians Sentenced to Death Overseas: Promoting Bilateral Dialogues to Avoid International Law Disputes' (2011) 37 Monash University Law Review 89-113 (published in 2012) (with Lauren Knapman).
    [ERA Ranking: A]
  • "Fragmented Governance: Reconciling Legal Strategies for Shark Conservation and Management" (2011) 35 Marine Policy 73-78 (with Erika J. Techera)
  • "National Litigation and International Law Repercussions for Australia's Protection of Marine Resources" (2009) 33 Melbourne University Law Review 163 (with Nikolas Hughes)
  • "Litigation over Marine Resources: Lessons for Law of the Sea, International Dispute Settlement and International Environmental Law" (2009) 28 Australian Year Book of International Law.
  • "Whales and Tuna: The Past and Future of Litigation between Australia and Japan" (2009) 22 Georgetown International Environmental Law Review 143.
  • "Where were the Tuna Watchers? Lessons for Australia in Litigating Against Japan" (2008) 33 Alternative Law Journal 137.
  • "The Right of Visit and the 2005 Protocol on the Suppression of Unlawful Acts against the Safety of Maritime Navigation" (2007) 35 Denver Journal of International Law & Policy 287.
  • "A Human Rights Perspective on Diplomatic Protection: David Hicks and his Dual Nationality" (2007) 13 Australian Journal of Human Rights 1 (with Lise Barry).
  • "Legal Limitations on Ensuring Australia's Maritime Security" (2006) 7 Melbourne Journal of International Law 307.
  • "Provisional Measures and Provisional Arrangements in Maritime Boundary Disputes" (2006) 21 International Journal of Marine and Coastal Law 423.
  • "Legal Implications of Australia's Maritime Identification System" (2006) 55 International & Comparative Law Quarterly 337.
  • "State Responsibility for International Humanitarian Law Violations and the Work of the Eritrea-Ethiopia Claims Commission So Far", 47 German Yearbook of International Law 214 (2004).
  • "Land and Sea: Two Sovereignty Regimes in Search of a Common Denominator", 33 NYU Journal of International Law and Politics 703 (2000-2001) (with Lea Brilmayer).
  • "Multilateral Disputes and the Doctrine of Necessary Parties in the East Timor Case", 21(2) Yale Journal of International Law 305 (1996).

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Published Conference Papers

  • 'Whaling, Science and the Role of the International Court of Justice' (2011) Proceedings of the American Society of International Law, 2011, pp. 66D-H.
  • "International Law Perspectives on Trans Tasman Maritime Security" (with Joanna Mossop and Donald R. Rothwell) in Andrew Forbes (ed), Australia and Its Maritime Interests: At Home and in the Region 209 (Sea Power Centre, 2008).
  • "Threats of Terrorism and Threats to International Legal Structures: A Law of the Sea Perspective", (2006) Australiasian Law Teachers Association Annual Meeting.
  • "Non-state actors in inter-state litigation: Beneficiaries or blameworthy?" (2007) 32 South African Yearbook of International Law 141.

Other Publications in Journals

  • Book review, 'James Kraska, Maritime Power and the Law of the Sea: Expeditionary Operations in World Politics (New York: Oxford University Press), 2011' (2013) 28 International Journal of Marine and Coastal Law 396.
  • Case Note, "Case Concerning Avena and Other Mexican Nationals ( Mexico v. United States)", 11 Australian Journal of International Law 143 (2004)
  • Comment, "Extraterritorial Abduction: An Australian Approach?", 18(1) Adelaide Law Review 103 (1996).
  • Book review, "The Rules of the International Tribunal for the Law of the Sea: A Commentary. By P. Chanrasekhara Rao & Ph. Gautier (eds)" (2008) 57, International & Comparative Law Quarterly (1999).
  • Book review, "Territorial Acquisition, Disputes and International Law. By Surya P. Sharma", 23 Yale Journal of International Law 292 (1998).
  • Book review, "The Regime of Straits in International Law. By Bing Bing Jia", 24 Yale Journal of International Law 340 (1999).
  • Book review, "The Contested Maritime and Territorial Boundaries of Malaysia: An International Law Perspective. By R. Haller-Trost", 24 Yale Journal of International Law 632 (1999).

Other Publications

  • 'Chile-Peru' in Lathrop C (ed.), International Maritime Boundaries (Brill, 2015, forthcoming).
  • Editorial, 'Court up to whale of a job', The Australian, April 2, 2014.
  • Online, 'Indonesia incursion report provides more questions than answers on turn-backs', The Conversation, February 20, 2014.
  • Editorial, 'Indonesia should talk to Haiti not the US about boats policy' The Canberra Times, February 19, 2014.
  • Magazine, 'How to Save a Predator', Precedent, February 2014.
  • "Eco-Terrorism" in Klaus Bosselmann, Daniel Fogel, and J. B. Ruhl (Eds.), The Encyclopedia of Sustainability, Vol. 3: The Law and Politics of Sustainability, pp. 143-146. (Great Barrington, MA: Berkshire Publishing, 2011) (>4,000 words).
  • Editorial, 'Can the Government bring home Julian Assange' Canberra Times, June 6, 2012, p. 13.
  • Editorial, "When Help becomes Hindrance for Bali Boy", Sydney Morning Herald, October 22, 2011, Saturday News Review Section.
  • Online, "What will your country do for you? Aussies in Trouble Overseas", The Conversation, October 4, 2011.
  • Editorial, "Whaling Protestors are Behaving Like Pirates", The Australian, February 18, 2010, p.12.
  • Editorial, "Whale Warriors Need Legal Eagles", The Australian, January 8, 2010, p.12.
  • Encyclopedia, "Eritrea Ethiopia Claims Commission" Max Planck Encyclopedia of Public International Law (Oxford University Press).
  • Editorial, "Would-be Johnny Depps Unlikely to Qualify as Pirates", Canberra Times, January 17, 2008, p.19.
  • Editorial, "Negotiation, not adjudication, is East Timor's best bet", Sydney Morning Herald, May 25, 2005, p.21.

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Invited Seminars and Conference Presentations

  • 'Whaling in the Antarctic: Enforcing Rights in Areas Beyond National Jurisdiction through International Litigation' (with Tim Stephens), Law of the Sea Institute Conference: The Limits of Maritime Jurisdiction (2011).
  • "Whaling, Science and the Role of the International Court of Justice" (2011) Annual Proceedings of the American Society of International Law.
  • "From Eco-Terrorism to Eco-Tourism: Assessing Effective Regulatory Tools and Regimes in Marine Management" (2011), International Law Association Regional Conference, Taiwan.
  • "Litigation over Whales", Wayne State University International Law Seminar, 2011
  • 'Litigating for Protection of Nationals Abroad', Macquarie Centre for Legal Governance Conference: Litigating International Law Disputes, 2011.
  • 'Lives at Stake: Australian Courts and International Disputes', Monash Law School Conference: Through the Looking Glass: National Engagement with International and Foreign Law and Governance, 2010.
  • "Legal Avenues for Dispute Settlement Amidst the Political Dynamics of Protecting Australians Abroad", Centre for Legal Governance Seminar, Macquarie Law School, 2010.
  • "Australia v. Japan: Proceedings at the International Court of Justice on Japan's
  • 'Scientific' Whaling", International Law Association (Australian Branch) Seminar, 2010.
  • "Sea Shepherd: Conservationists or Pirates?" ANU Conference: Pirates of the Southern Ocean?, 2010
  • "Business as Usual: Does Australia Need to Re-Think its Protection of Citizens Abroad?" Australia and New Zealand Society of International Law Annual Meeting, 2010.
  • "Recent Developments in International Law for Shark Conservation and Management", Sharks International, Cairns, 2010.
  • "Litigating over Whales: Lessons for Australia", Lauterpacht Centre for International Law Lecture, Cambridge University, 2008.
  • "Litigation over Marine Resources: Lessons for Law of the Sea, International Dispute Settlement and International Environmental Law", Public International Law Discussion Group Seminar, Oxford University, 2008.
  • "Limits of the Law of the Sea Convention", Lauterpacht Centre for International Law Visiting Fellows Seminar Series, 2008.
  • "Where were the Tuna Watchers? The Past & Future of Litigation between Australia and Japan", UTS Research Series Seminar, 2008.
  • "Protecting our Marine Resources: Is Litigation the Answer?", Australia and New Zealand Society of International Law Annual Meeting, 2008.
  • "International Law Perspectives on Trans-Tasman Maritime Security", Royal Australian Navy Sea Power Conference, 2008 (with Don Rothwell and Joanna Mossop).
  • "Non-State Actors in Inter-State Litigation: Beneficiaries or Blameworthy?", South African Branch of the International Law Association Regional Conference, 2007.
  • "Japan's Special Permit ("Scientific") Whaling Under International Law - Claims under UNCLOS and Dispute Settlement Options at the ICJ or by Ad Hoc Arbitration", Seminar Co-Sponsored by the Sydney Global Centre for International Law and the Australian Branch of the International Law Association: Current Developments in International Whaling, 2007.
  • "Litigating the Death Penalty before the International Court of Justice", Seminar on Australians and the Death Penalty: National and International Dimensions presented by the Institute of Criminology and the Sydney Centre for International and Global Law, 2006.
  • "Threats of Terrorism and Threats to International Legal Structures: A Law of the Sea Perspective", Australasian Law Teachers Association Conference, 2006.
  • "A Mock Debate between Australia, the United States and the United Kingdom:
  • David Hicks and The Right to Diplomatic Protection", Australia and New Zealand Society of International Law Annual Meeting, 2006 (with Lise Barry).
  • "The Right of Visit and the 2005 Protocol to the SUA Convention: A Constrained Step in Improving Maritime Security", University of Wollongong Maritime Centre, 2006.
  • " Australia's Maritime Identification Zone", Australia and New Zealand Society of International Law Annual Meeting, 2005.
  • "Legal Implications of Australia's Maritime Identification Zone", University of Wollongong Maritime Centre, 2005.
  • "The Relevance of the United Nations", Macquarie UN Society, 2004.
  • "Avena and Other Mexican Nationals: How the ICJ Lost its Crown", Australia and New Zealand Society of International Law Annual Meeting, 2004.
  • "Parallel Proceedings in Public International Law", American Bar Association, International Law Section Annual Meeting, 2004.
  • "The Need for Compulsory Dispute Settlement", International Law Association (American Branch), International Law Weekend, 2002.
  • "Land and Sea: Two Sovereignty Regimes in Search of a Common Denominator", University of Chicago School of Law, Faculty Workshop, 2000.
  • "Non-State Actors before the International Court of Justice", International Law Students Association Spring Conference, Washington D.C., 1998.
  • "Mass Expulsions from Ethiopia", Eritrean Information and Media Task Force, Washington D.C., 1998.
  • "The East Timor case and Models of World Order", Australia and New Zealand Society of International Law / International Law Association (Australian Branch) Joint Meeting, 1996.

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Invited Teaching Presentations

  • 'Australia's Case against Japan', Invited Lecture, Yale Law School, 2011
  • "World Order: A Study of Contrasts in International Law", Legal Studies State Conference, NSW Legal Studies Association, 2009, 2010.
  • "Protecting Australians Abroad: An International Law Perspective", Macquarie University Global Leadership Program, 2008, 2009, 2010.
  • "Law of the Sea and the International Regulation of Whaling", NSW Young Lawyers Continuing Legal Education Seminar, 2007.
  • "Provisional Measures", Guest Lecture, University of Sydney Law School, 2007.
  • "Avena and Other Mexican Nationals: A Case Study of the ICJ at Work, UNSW Guest Lecture, 2007.
  • "Dispute Settlement under UNCLOS", Guest Lecture at Yale Law School, 2004.

Convenorships and Chairing Roles

  • Co-Convenor, Trans-Tasman Maritime Security Project, 2007-2009.
  • Chair, "Maritime Security", Annual Meeting Australia and New Zealand Society of International Law, 2008.
  • Chair, "Secession, State Creation and Nationalism", Conference hosted by the Centre for Comparative Law, History and Governance, Macquarie University, 2007.
  • Chair, "International Dispute Settlement and the Rule of Law", Annual Meeting Australia and New Zealand Society of International Law, 2007.
  • Co-Convenor, Post-Graduate Workshop held in conjunction with the Australia and New Zealand Society of International Law Annual Meeting, 2006, 2007.
  • Co-Convenor, "Globalisation and the Quest for Social and Environmental Justice: The Relevance of International Law", Macquarie University Macquarie Law SchoolSeminar Series, 2006.

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Editorial Roles

  • Associate Editor (2009- ) and Case Notes Editor (2009-2011), Australian International Law Journal
  • Member of Editorial Board, Australian Year Book of International Law (2012- )
  • Member of International Advisory Committee,  Journal of Policing, Intelligence and Counter-Terrorism (2012- )
  • Member of Editorial Board, Maritime Studies / Australian Journal of Maritime and Ocean Affairs (2008-2011).
  • Co-editor of the Macquarie Law Journal (2007).
  • Co-editor of the Macquarie Law Journal (2007).

Research Grants

  • 2010:   Macquarie University, Research Development Grant, Overcoming Governance Gaps in the Legal Regulation of Shark Eco-Tourism (with Erika Techera as first CI; $34,000) (2010-2012)
  • 2010:   Macquarie University, Parental Leave Grant Scheme, International or Regional Approaches to Marine Resource Management under International Law: A Case Study of Northern Bluefin Tuna ($11,300) (2010-2011)
  • 2008: Australian Research Council Discovery Project: "Choosing Litigation to Resolve International Law Disputes in Protecting Australia's Offshore Assets, Its Citizens and Foreign Trade" ($220,000)
  • 2007: Division of Law, Law Foundation: "Non-State Actors in Inter-State Litigation / 'Good Governance and Non-State Actors in International Law: An African Perspective'"
  • 2006: Division of Law, Law Foundation: "The Relevance of David Hicks' Nationality under International Law"
  • 2005: Macquarie University New Staff Scheme: "Ensuring Australia's Maritime Security: Legal Alternatives to Declaring a New Maritime Zone" ($20,000)
  • 2005: Division of Law, Law Foundation: "Australia's Maritime Identification System"
  • 2005: Division of Law, Law Foundation: "The Myth of International Adjudication"
  • 2004: Division of Law, Law Foundation: "Avena and Other Mexican Nationals before the International Court of Justice"

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