Kinley, David

Professor of Human Rights Law, University of Sydney, Australia

David Kinley holds the Chair in Human Rights Law at University of Sydney, and is the Law Faculty’s Associate-Dean (International). He is also an Academic Panel member of Doughty Street Chambers in London. He has previously held positions at Cambridge University, The Australian National University, the University of New South Wales, Washington College of Law, American University, and most recently was the founding Director of the Castan Centre for Human Rights Law at Monash University (2000-2005). He was a Senior Fulbright Scholar in 2004, based in Washington DC, and Herbert Smith Visiting Fellow at the Faculty of Law, University of Cambridge during the first half of 2008. He has written and edited eight books and more than 80 articles, book chapters, reports and papers.

David has also worked for 15 years as a consultant and adviser on international and domestic human rights law in Vietnam, Indonesia, South Africa, Bangladesh, Thailand, Iraq, Nepal, Laos, China, and Myanmar/Burma, and for a number of organisations including the UN High Commissioner for Human Rights, the World Bank, the Ford Foundation, AusAID, and the Asia Pacific Forum of National Human Rights Institutions, as well as a number of transnational corporations and NGOs. He has also previously worked for three years with the Australian Law Reform Commission and two years with the Australian Human Rights Commission.

His recent publications include the critically acclaimed Civilising Globalisation: Human Rights and the Global Economy (Cambridge University Press, 2009), as well as editor of Corporations and Human Rights (Ashgate, 2009), and The WTO and Human Rights: Interdisciplinary Perspectives (Edward Elgar 2009). Another edited collection (with Morten Pedersen) is due to be published by the UN University Publications in 2011 entitled Principled Engagement: Promoting Human Rights in Difficult Places. He is currently working on a new book looking at the intersections between global finance and human rights.

David was born and brought up in Belfast, Northern Ireland in the 1960s and 70s, studied in England in the 1980s at the Universities of Sheffield and Cambridge, and, after obtaining his doctorate from the latter in 1990, he moved to Australia.

Most recent publications

Books | Monograph | Internet publication | Chapters in books | Selected recent articles | Shorter articles and reviews | Selected speeches, papers and conference presentations

Books

  • The International Covenant on Economic, Social and Cultural Rights: Cases, Materials and Commentary (with B Saul and J Mowbray), Oxford University Press: UK (forthcoming in 2012)
  • Human Rights: Old Problems and New Possibilities (with W Sadurski,W & K Walton(eds)), Edward Elgar: UK (forthcoming 2012)
  • Principled Engagement: Promoting Human Rights in Difficult Places (with M Pedersen (eds)), UN Publications (forthcoming 2012)
  • Civilising Globalisation: Human Rights and the Global Economy, Cambridge University Press: UK (2009)
  • The World Trade Organization And Human Rights: Interdisciplinary Perspectives (with S Joseph and J Waincymer eds), Edward Elgar: UK (2009)
  • Human Rights and Corporations, Ashgate: UK (2009)
  • Textbook on International Human Rights Law,(with C Sidoti and Cao Đức Thái (eds)), National Academy Publishing Press (in Vietnamese) (2006)
  • Commercial Law and Human Rights (ed with S Bottomley), Dartmouth, Aldershot (2002) (341 pp + xiv)
  • Human Rights in Australian Law: Principles, Practice and Potential (ed); Federation Press, Sydney (1998) (366 pp + xxxiii)
  • Principles of European Community Law, (with S Bronitt & F Burns); Law Book Co., Sydney (1995) (587 pp + lxi)
  • The European Convention on Human Rights: Compliance without Incorporation, (second reprint); Dartmouth Publishing Co., Aldershot (1993) (202 pp + ix)

Monograph

Internet publication

  • Human Rights Explained: A Guide to Human Rights in Australia in a Global Context, published by Human Rights and Equal Opportunity Commission in association with Commonwealth Attorney-General’s Dept. and the Law Foundation of NSW (124 pp) 1998

Chapters in books

  • Where Hope meets Expectation: Encounters on the Road between Idealism and Pragmatism”, [[i|\Human Rights: Old Problems and New Possibilities]], D Kinley, W Sadurski & K Walton (eds), Edward Elgar: United Kingdom (forthcoming 2012)
  • Development as a Vehicle for Principled Engagement on Human Rights: The Implications of ‘New Aid’?”, Principled Engagement: Promoting Human Rights in Difficult Places, D Kinley & M Pedersen (eds.), UN Publications (forthcoming, 2012)
  • The Monster Under the Bed: Financial Services and the Ruggie Framework” (with Mary Dowell-Jones), in R Mares (ed), The UN Guiding Principles on Business and Human Rights: Foundations and Implementation, Brill Publishing: Netherlands (forthcoming)
  • Bendable Rules: The Development Implications of Human Rights Pluralism” in B Tamanaha, C Sage & M Woolcock (eds), Legal Pluralism and Development: Scholars and Practitioners in Dialogue, Cambridge University Press: UK (forthcoming)
  • Corporations that Kill: Prosecuting Blackwater” (with Odette Murray) in S Bronitt & M Gani (eds), Oñati International Series in Law and Society – Shoot to Kill: The Law Governing the Use of Lethal Force in Context, Hart Publishing: Oxford (forthcoming)
  • “After the Fall: Poverty, Politics and Human Rights, Post-GFC” in C Binder, H Erberhard, K Lachmayer, G Ribarov & G Thallinger (eds), Corporate Social Responsibility and Social Rights: Proceedings of the 5th Vienna Workshop on International Constitutional Law, Nomos Publishers: Germany (2010) 23-31
  • “Viet Nam, Human Rights and Trade: Implications of Viet Nam’s Accession to the WTO” in Joseph, Kinley & Waincymer (eds),The World Trade Organization And Human Rights: Interdisciplinary Perspectives, Edward Elgar: UK (2009) 221-255
  • “Introduction” in D Kinley (ed), Human Rights and Corporation, Ashgate: UK (2009) xi-xix
  • “Human Rights, Corporations and the Global Economy” (with Justine Nolan), in Guido Palazzo & Andreas Scherer (eds), Handbook on Corporate Citizenship, Edward Elgar: UK (2008) 343-373
  • “’The Norms are Dead. Long Live the Norms!’ The Politics Behind the UN Human Rights Norms for Corporations” (Nolan, J & Zerial, N) in D McBarnet, A Voiculescu & T Campbell (eds), The New Corporate Accountability: Corporate Social Responsibility and the Law, Cambridge University Press: United Kingdom (2007) 459-475
  • Human Rights and the World Bank: Practice, Politics and Law“, in A Palacio, C Sage & M Woolcock (eds), The World Bank Legal Review: Law, Equity, and Development, Martinus Nijhoff: The Netherlands (2006) 353-383
  • “Human Rights and the World Bank: Practice, Politics and Law”, in C. Raj Kumar & DK Srivastava (eds) Human Rights and Development: Challenges for Governance Reform in Asia, LexisNexis, Butterworths: Sydney (2006)
  • “Human Rights and the Global Economy” (with Cao Đức Thái), in D Kinley, C Sidoti & Cao Đức Thái (Eds), Textbook on International Human Rights Law, The Publishing House of Political Theory: Vietnam (2006) 385-410
  • “The Conceptual Origins and Evolution of Human Rights” (with Cao Đức Thái) in D Kinley, C Sidoti & Cao Đức Thái (Eds), Textbook on International Human Rights Law, The Publishing House of Political Theory: Vietnam (2006) 29-66
  • “Corporate Social Responsibility and International Human Rights Law” in R Mullerat (ed) Corporate Social Responsibility, The Corporate Governance of the 21st Century, Kluwer (2005)
  • “The Globalization of Human Rights Laws” in Spencer Zifcak (ed) Globalisation and the Rule of Law, Routledge: London (2005)
  • “The Institutional Mediation of Human Rights in Australia” (with Penny Martin), chapter 10 in P. Boreham, G. Stokes and R. Hall (eds) The Politics of Australian Society (2nd ed), Pearson: Sydney (2004)
  • “Human Rights, Trade and Multinational Corporations” with Adam McBeth, in R Sullivan (ed) Business and Human Rights: Dilemmas and Solutions, Greenleaf: London (2003)
  • “International Human Rights as Legally Binding or merely Relevant”, chapter in S Bottomley & D Kinley (eds) Commercial Law and Human Rights, Ashgate: Aldershot (2002)
  • “Legal Rights and State Responsibilities under the ECHR”, chapter in L Hancock & C O’Brien (Eds) Re-writing Rights in Europe, Dartmouth: Aldershot (2000)

Selected recent articles

Shorter articles and reviews

  • Re-Regulating Global Finance with the Poor in Mind: A Policy Paper (October 2008)
  • “Globalisation and The Law” (2003) 15(4) Legal Date 1-3
  • “The Human Rights Responsibilities of Multinational Corporations: A Legal Study”, with S Joseph and A McBeth, (2003) 2 New Academy Review 92
  • “After Johannesburg: Can Human Rights be Privatised Too?”, with Adam McBeth, (2002) 27 Alternative Law Journal 292
  • “Review of Human Rights in International and Australian Law, by RPiotrowicz & S Kaye” (2001) Australian Yearbook of International Law

Selected speeches, papers and conference presentations

  • “Security, Freedom and Human Rights – Killing Terrorists and Privatising War: Non-State Actors in Armed Conflict”, SCIL Short Seminar Series, Sydney, 23 November 2010
  • “Principle, Pragmatism or Prostitution? Speaking Human Rights to Global Finance”, presentation delivered to Stanford University, Palo Alto, California, 1 November 2010
  • “Too Big to Fail: Making Global Finance Pay for Human Rights”, presentation delivered to Duke Law School, North Carolina, 28 October 2010
  • “Financing Freedom: Human Rights and the Risks and Responsibilities of Global Finance”, presentation delivered to Harvard Law School, Massachusets, October 2010
  • “Awkward Intimacies between Human Rights and the Global Economy”, Peter Benenson Memorial Lecture, Amnesty International, Perth, 24 August 2010
  • “Bendable Rules: The Development Implications of Human Rights Pluralism”, presentation delivered to the Max Planck Institute, Heidelberg, August 2010
  • “Globalization: A Force for Peace?”, International Peace Research Association Conference, Sydney, 6-10 July 2010
  • “Protecting Human Rights Through United Nations Mechanisms”, Presentation delivered to Human Rights Law Centre, Nottingham University, Nottingham, July 2010
  • “Learning to Listen Bridging the Divide between Human Rights and Global Finance”, Address to Herbert Smith LLP, London, July 2010
  • “Civilising Globalisation: Human Rights and the Global Economy”, presentation delivered to Edinburgh University, Edinburgh, June 2010
  • “Civilising Globalisation: Human Rights and the Global Economy”, presentation delivered to Sheffield University, UK, June 2010
  • “Civilising Globalisation: Human Rights and the Global Economy”, presentation delivered to Lowry Institution, Sydney, April 2010
  • “Human Rights and the Global Economy”, Africa Forum: Peace Governance and Capacity Building, Sydney, March 2010
  • “Market Rights and Human Rights: Friends, Foes or Family?”, presentation delivered to the Human Rights Law Resource Centre, Melbourne, February 2010
  • “Macro-Economic Policy and Human Rights”, Human Rights and Global Economy Colloquium, Geneva, 11-13 January 2010
  • “Human Rights and the Global Economy”, Global Economy and Human Rights Conference, Sicily, January 2010
  • “Civilising Globalisation”, presentation delivered to British Institute of International and Comparative Law, London, January 2010
    “Corporations and Killing: Prosecuting Blackwater”, Shooting to Kill conference, Oñati, Gipuzkoa, Spain, June 2009
  • “Taking the Social Responsibilities of Corporations Seriously”, University of Vienna, May 2009
  • “Policy Politics and Populism: What’s Really Important about Bills of Rights”, New Wales Young Lawyers Symposium, Sydney, May 2009
  • “State duty to Protect: A Commentary on the UN SRSG’s new Mandate for Human Rights and Corporations”, UN SRSG Consultation, New Delhi, India, February, 2009
  • “Response to Lord Bingham, “Human Rights, Equality and Fundamental Freedoms: What Difference does a Human Rights Act Make?”, Australian Human Rights Commission, Sydney, December 2008
  • “The Global Financial Crisis and the Human Rights of the Poor: Opportunity of Catastrophe” Sydney Centre for International Law, November 2008
  • “Civilising Globalisation”, Corporate Social Responsibility, Business Responsibilities for Human Rights, and International Law, Copenhagen Business School, Denmark, November 2008
  • “The Global Financial Crisis and Human Rights”, Business and Fundamental Rights , South African Institute for Advanced Constitutional, Public, Human Rights and International Law Conference, Johannesburg, October 2008.
  • “The Limitations and Possibilities of International Law, Politics and Economic Aid”, NSW Young Lawyers Seminar on Human Rights in Burma, September 2008
  • “Human Rights and the Global Economy”, Lauterpacht Centre for International Law, Cambridge University, April 2008
  • ‘The Global Financial Crisis and Human Rights: Opportunity or Catastrophe?’, presented at the Sydney Centre for International Law Seminar, Sydney Law School, 18 November 2008
  • ‘The Human Rights Implications of Vietnam’s Membership of the WTO’, presented at the Castan Centre for Human Rights Law conference World Trade Organization Human Rights: Interdisciplinary Perspectives, Monash University Prato Centre, Italy, 21-22 June 2007
  • ‘Corporate Social Responsibility and Human Rights’, presented at the Human Rights and the Global Economy, Judicial Commission of NSW Annual Conference, Hawkesbury, NSW, September 2007
  • ‘The Executive and Bills of Rights: Not Just Steak-knives…But Icebergs’, presented at the Centre for Comparative Constitutional Studies 2007 Protecting Human Rights Conference, University of Melbourne, 25 September 2007
  • ‘Human Rights Law’, presented at the Australian Centre for Environmental Law conference Beyond Environmental Law: Intersections Between Legal Disciplines and the Environment, Sydney, 16-17 February 2007
  • ‘Human Rights Fundamentalisms’, Inaugural Lecture Chair in Human Rights Law, University of Sydney Law School, 6 December 2006
  • ‘The World Bank and Human Rights: the Political Dimensions of Legal Obligations’, The World Bank Legal Forum 2005: Law, Equity and Development, Washington DC, December 2005
  • ‘Promoting Human Rights in Problem Places’, Fulbright Symposium on Human Rights, Peace and Education, University of Melbourne, June 2005
  • ‘Rights and Development: Approaches to Reform of Governance in Asia’, Development, Human Rights and the World Bank, City University of Hong Kong, May 2005