What has the Berne Convention have to do with it? I've compared the Elsevier contract draft with my local legislation, and the wording of the contract is simply unenforceable.
For example: If I make a contract with another Australian (company, individual, whatever), no treaty has an effect on that contract unless legislation has been passed to enact that treaty. A judge may refer to the treaty if there is some ambiguity that requires his/her discretion, but the treaty itself is not legally binding.