Australia on the world stage: how the Australian Government engages in litigation before international courts and tribunals

Hear from experienced barristers and government lawyers as they discuss Australia’s engagement in litigation before international courts and tribunals, including how international litigation advances Australia’s foreign policy interests.

Panel:

• Jesse Clarke, General Counsel, Office of International Law, Attorney-General’s Department
• Kate Parlett, Barrister, Twenty Essex, London
• Callista Harris, Barrister, 7 Wentworth Selborne Chambers, Sydney
• Tara Booth, Assistant Secretary, Trade Law Branch, Department of Foreign Affairs and Trade (DFAT)

Chaired by: Emma Norton, Senior Legal Officer, Office of International Law, Attorney-General’s Department

• Jesse Clarke, General Counsel, Office of International Law, International Law and Human Rights Division, Attorney-General’s Department

Jesse is responsible for the conduct of Australia’s participation in international disputes. He is currently Agent in Australia’s proceedings against Russia in the International Civil Aviation Organisation for the downing of Malaysian Airlines Flight MH17 and for Australia’s intervention in the case concerning Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation) before the International Court of Justice (ICJ). He is also Australia’s Representative in the Advisory Opinion proceedings before the International Tribunal for the Law of the Sea (ITLOS) concerning climate change, and leads Australia’s defence of the investor-State claims brought by Zeph Investments, a Singaporean company ultimately owned and controlled by Mr Clive Palmer.

Previously, Jesse was an Assistant Secretary in the Office of International Law where he was responsible for practice groups providing advice on international humanitarian law and security, international criminal law, cyber and intelligence law, human rights and refugee law, jurisdiction, immunities and international organisations.

• Kate Parlett, Barrister, Twenty Essex

Kate is an experienced barrister at Twenty Essex in London, who specialises in public international law and international arbitration. Kate’s practice as counsel includes disputes before the ICJ, ITLOS, inter-State and investment arbitration tribunals, the European Court of Human Rights (ECtHR), and the English courts. She has represented States from Europe, Asia, the Caribbean, Central America and South America, in a range of disputes, covering land and maritime boundaries, the law of the sea, environmental law, human rights, and investments. Kate also sits as arbitrator in international commercial disputes.

Kate is currently representing Australia in advisory proceedings relating to climate change at ITLOS, and before the ICJ in Allegations of Genocide.

• Callista Harris, Barrister, 7 Wentworth Selborne Chambers

Callista is a barrister at 7 Wentworth Selborne Chambers, Sydney. She specialises in public international law and international arbitration and has experience in proceedings before a range of international courts and tribunals, including the ICJ, ITLOS, ECtHR, UNCLOS Annex VII tribunals, and investment tribunals. Callista is currently part of the counsel team representing Australia in the pending ITLOS advisory proceedings relating to climate change.

Before being called to the Bar, Callista practised at Freshfields Bruckhaus Deringer, in Paris, London and Singapore. She was also an associate to the Honourable Justice Susan Kiefel AC at the High Court of Australia and research associate to Professor James Crawford AC SC.

• Tara Booth, Assistant Secretary of the Trade Disputes Branch, Trade and Investment Law Division, DFAT.

Tara has worked at DFAT as an international trade lawyer for over ten years, representing Australia in a number of disputes in the World Trade Organization (WTO), including Australia’s defence of its tobacco plain packaging measures, Australia’s challenge to Canadian measures governing the sale of wine, and most recently Australia’s challenges to China’s anti-dumping and countervailing duties on Australian barley and bottled wine.

Tara served as Legal Counsellor at Australia’s Permanent Mission to the WTO in Geneva (from 2016-2018), and has represented Australia in negotiations for various free trade agreements (FTA), including the ASEAN-Australia-New Zealand FTA and the China-Australia FTA