Faculty of Law - Papers (Archive)

Conducting field research on terrorism: a brief primer

Adam Dolnik — Thu, 11 Apr 2013 23:20:31 PDT

This article focuses on the practical aspects of field research on terrorism. Firstly, it outlines some issues involved in the process of attaining a human research ethics/institutional review board clearance in order to be able to even begin the field research. It suggests some ways in which researchers can positively influence this review process in their favor. Secondly, the article focuses on the real and perceived dangers of field research, identifying practical steps and preparatory activities that can help researchers manage and reduce the risks involved. The article also covers the formalities and dilemmas involved in gaining access to the field. It then provides some insights into the topic of operating in conflict zones, followed by a section covering the ways of gaining access to sources, effective communication skills and influence techniques and addresses key issues involved in interviewing sources in the field. The final section focuses on identifying biases and interfering factors which researchers need to take into account when interpreting the data acquired through interviews. This article is a modest attempt to fill a gap in the literature on terrorism research by outlining some of the key issues involved in the process of doing field research. It incorporates insights from diverse disciplines as well as the author’s personal experiences of conducting field research on terrorism in places like Afghanistan, Pakistan, Chechnya, Ingushetia, Colombia, Mindanao, Uganda, Indonesia, Democratic Republic of Congo, Sudan, and India.

Negotiating hostage crises with the new terrorists

Adam Dolnik — Tue, 09 Apr 2013 21:25:48 PDT

Jihadi hostage-taking manuals as well as recent attacks such as the Moscow theater and the Beslan school are an alarming indication of the likely characteristics of future barricade hostage sieges. While there are many trained crisis negotiators around the world, the vast majority lacks any experience whatsoever in dealing with issues such as ideology, religion, or the differing set of objectives and mindsets of terrorist hostage- takers. This is especially true in relation to dealing with terrorists of the “new” breed, who possess much greater willingness to execute hostages, are likely to employ large teams of willing-to-die hostage-takers who will have the capability to effectively repel a rescue operation, and who will also have detailed knowledge of the hostage negotiation and rescue teams’ “playbook.” This article presents the findings of a detailed evaluation of recent case studies to highlight the adjustments that need to be made to the contem- porary crisis negotiation protocols, in order to improve the capacity of negotiators to deal with such incidents more effectively.

13 years since Tokyo: re-visiting the 'superterrorism' debate

Adam Dolnik — Tue, 09 Apr 2013 20:06:50 PDT

On 20 March 1995, members of the Aum Shirikyo cult used sharpened umbrella tips to pierce plastic bags filled with sarin nerve agent onboard five trains converging at Tokyo’s Kasumigaseki station. Twelve people died and 1,039 were injured in what remains the largest nonconventional terrorist attack in history. Then, only a month later, an explosives laden truck detonated in front of the Alfred P. Murrah Federal Building in Oklahoma City, killing 168 people and injuring over 800 others in what at the time was the most lethal terrorist attack on United States soil. These two events, while unrelated, served as the catalyst for the overwhelming perception that it is no longer a question of “if” a mass casualty terrorist attack using chemical, biological, radiological, or nuclear (CBRN) weapons will occur, but rather the question of “when” it will happen. In 2008, 13 years since these two tragic events, we are still waiting for these gory predictions of CBRN “superterrorism” to materialize. This article will revisit some of the core questions in the “superterrorism” debate, particularly in relation to recent trends, such as the apparent decentralization and de-territorialisation of the phenomenon.

Where No Knight in Armour Has Ever Trod

Louise D'Arcens — Wed, 30 Jan 2013 20:11:22 PST

The international debate about traditional knowledge and approaches in the Asia-Pacific region

Christoph Antons — Wed, 30 Jan 2013 20:11:21 PST

Petit estat vesval: Christine de Pizan's Grieving Body Politic

Louise D'Arcens — Wed, 30 Jan 2013 20:11:21 PST

Victims or offenders: who were the 11 Indigenous female prisoners who died in custody and were investigated by the Australian Royal Commission into Aboriginal Deaths in Custody?

E Marchetti — Wed, 16 Jan 2013 14:55:12 PST

There were 11 Indigenous females who died in custody and whose deaths were investigated by the Australian Royal Commission into Aboriginal Deaths in Custody (RCIADIC). The RCIADIC is one of the most comprehensive inquiries conducted about Indigenous Australians, and it is often cited to support the introduction of Australian Indigenous justice policy reforms. This article describes the lives (as both victims and offenders) of the 11 females whose deaths were investigated by the RCIADIC. The inquiry was initially established to examine whether the state’s practices in prisons and watch-houses contributed to the 99 deaths that were investigated. This article documents how the deceased females arguably became invisible as both victims and offenders in favour of the Indigenous males who had died in custody, despite the fact that the inquiry attempted to include a racialized perspective. The article concludes by comparing the recommendations of the Manitoba Aboriginal Justice Inquiry - a Canadian inquiry that took place around the same time as the RCIADIC, and which, at the time, was able to adequately consider the difficulties facing Canadian Aboriginal women when confronted by the Manitoba justice system. This intersectional race and gender analysis illustrates that without proper consideration the needs of racialized women will remain unmet when having to contend with criminal justice and legal processes.

The road from S and Marper to the Prum Treaty and the implications on human rights

Katina Michael — Sun, 13 Jan 2013 14:15:12 PST

This chapter investigates the implications of the Sand IVlarper v United Kingdom ruling by the European Court of Human Rights (ECtHR), which found that the UK Government's current deoxyribonucleic acid (DNA) retention policy breached Article 8 of the European Convention on Human Rights (ECHR) (Council of Europe 2008). The aim of this chapter is to look beyond the changes that have been instigated in Britain, since the landmark decision by the ECtHR was made, and toward the legal and human rights implications of the sharing of DNA data across the borders of European Union Member States. Of significance here are the outcomes of the Prilm Treatyl of 2005, which initially saw seven countries, not including the UK, agree to share DNA data, fingerprint and vehicle registration data for the purpose of countering acts of terror and bringing criminals to prosecution. By June 2007, the provisions of Prilm had found their way into the legislative framework of the European Union at large. This setting is contrasted against a backdrop of an increasing number of organisations at the supranational level that have been tasked with overseeing the fundamental protection of human rights, especially in the case of minors, paying attention especially to an individual's right to privacy and personal data protection. The chapter is divided into four parts: an overview of the Prilm Treaty, a discussion on the retention of DNA and fingerprint samples in EU Member States, the implications of the Sand jvlarper case ECtHR ruling in Britain and the wider EU, and the protection of the human rights of EU citizens.

Radical attitudes and jihad: a commentary on the article by Clark McCauley (2012) Testing theories of radicalization in polls of U.S. Muslims

Samuel Mullins — Sun, 13 Jan 2013 14:15:12 PST

McCauley's research adds to what we know about sympathy for elements of the “global jihad frame” among the wider U.S. Muslim population and establishes the need for a targeted and differentiated approach to persuasive communication aimed at undermining sympathy for terrorism. This commentary aims to supplement McCauley's paper with a brief discussion of the distinction between radical thought and action, and what this means for the “war on ideas.”

Maritime security and port state control in the Indian Ocean region

Sam Bateman — Sun, 13 Jan 2013 14:10:10 PST

This paper evaluates the effectiveness of the Port State Control (PSC) regime in relation to ensuring the safety and security of international shipping against threats of piracy and maritime terrorism in the Indian Ocean Region (IOR). Responsibility for ensuring compliance with required international standards of safety and security rests primarily with the flag states of vessels, but in practice, effective compliance is verified mainly through the system of Port State Control (PSC). However, PSC appears ineffective in the IOR, including around the Horn of Africa, where acts of piracy and armed robbery against ships are prevalent. Significant numbers of sub-standard ships operate in this region. These vessels are more likely to be successfully attacked or involved in illegal activity than quality ships. This situation could be symptomatic of wider problems in international shipping that throw doubt on the effectiveness of current regional regimes for ship safety, security and marine environmental protection, including measures to prevent maritime terrorism and illicit trafficking in weapons of mass destruction (WMD) and related materials.

Hydrographic surveys and marine scientific research: differences, overlaps and implications

Walter S. Bateman — Sun, 13 Jan 2013 14:10:10 PST

International law is clear on most issues associated with the conduct of marine scientific research (MSR) and hydrographic surveying but what is not clear is whether or not another State might conduct hydrographic surveys in an exclusive economic zone (EEZ) without the prior authorization of the coastal State. This paper reviews what is involved with MSR, hydrographic surveys and military surveys before reaching the conclusion that trends in recent decades with technology, the utility of hydrographic data and State practice require that hydrographic surveys in the EEZ should be under the jurisdiction of the coastal State. Paradoxically the arguments for military surveys in the EEZ being outside the jurisdiction of the coastal State appear stronger than those applying to hydrographic surveying. The paper offers some guidelines related to the conduct of MSR and hydrographic surveying in the EEZ but is not able to do so with regard to military surveys. This latter aspect requires further consideration outside the scope of this paper.

Regional planning for sustainability

David Farrier — Sun, 13 Jan 2013 14:10:10 PST

The concept of ecologically sustainable development has been incorporated into a number of pieces of legislation (Stein, 2000) and environmental planning instruments in New South Wales. There is a significant question, however, as to whether its incorporation is anything more than pure symbolism. This paper begins by exploring the limited role played by ESD principles in decision-making processes under existing legislation, as a prelude to a more detailed analysis of what commitment to ESD principles should mean for such processes. It focuses in particular on the implications of such a commitment at the holistic level of environmental and natural resources planning, as distinct from control of individual projects. In doing so, it draws attention to the particular problems faced by planners in urban and urbani sing environments.

Maritime conflict prevention system: some ideas for an action plan

Walter S. Bateman — Sun, 13 Jan 2013 14:00:17 PST

This paper outlines some basic proposals for developing good order at sea. It suggests that the key to promoting cooperation and establishing an effective maritime conflict prevention system lies in developing wider maritime awareness in the region, including a greater appreciation of the complexities and problems of marine environmental management. In effect, this is similar to the need perceived in the U.S. for maritime domain awareness as an essential element of Homeland Security. It recognizes that comprehensive knowledge of what is happening at sea is an essential element of maritime security although at a regional level, this knowledge and understanding can only be acquired through cooperative activities. Few coastal States possess sufficient capability to meet their maritime monitoring and information needs from their own resources.

There have been several initiatives in regional forums over the years related to developing maritime knowledge and information exchange. However, due largely to the lack of both commitment and resources, few of these have matured into effective operational systems. The paper describes some of these initiatives and the problems that have prevented their full implementation. A major problem has been the failure to recognize the interconnected nature of the maritime environment and the need for cooperation to maximize the common good of Ocean Security.

A possible way ahead involves a "building block" approach to achieving a higher level of maritime awareness, including an appreciation of the benefits of cooperation. This might be a three-tiered approach starting with some basic initiatives to promote maritime awareness and information sharing such as inter-agency and multilateral regional security workshops and marine information directories, and then moving through digital databases to an ultimate objective of real-time maritime surveillance and information exchange. These activities might lead to, or be associated with, the implementation of more ambitious arrangements for cooperative maritime security such as the ocean peacekeeping project developed by researchers at the National Institute for Defense Studies in Tokyo between 1996 and 2000. However, this paper suggests that coast guards may be more preferable than navies for implementing such a project.

Maritime awareness is generally lacking in the region at present but is fundamental to the implementation of a stable maritime regime and an effective regional response to terrorism and piracy. An action plan to build an effective maritime conflict prevention system might start "small" with some modest awareness building activities as suggested in this paper.

U.S and Russia's naval policy after 9.11

Walter S. Bateman — Sun, 13 Jan 2013 13:55:10 PST

TIns paper was required to address the following questions:

• In what ways do maritime interests and strategies of the U. S. and Russia contribute to the general security outlook towards the Asia-Pacific region after 9.11 ?

• To what extent do the maritime strategies of these two countries take a cooperative approach toward the nations of the region?

• Is the present level of bilateral or multilateral cooperation adequate and sufficient to meet these challenges to maintain regional security?

These questions require a focus on the maritime interests and strategies of twn countries. The first is the sole remaining superpower that now sits astride of the world "like a Colossus". I The second is a former superpower that is now seeking to regain at least some of its fonner influence. The two countries are on the same side in the War on Terrorism but more generally their bilateral relationship remains stuck somewhere between any and possible adversary. My paper addresses each of the questions in turn. It fust discusses the regional security outlook and the contributions of the maritime strategies of the U.S. and Russia. It then considers the issue of security cooperation or more particularly, maritime security cooperation.

Maritime security: a new environment following September 11

Walter S. Bateman — Sun, 13 Jan 2013 13:55:10 PST

The Asia-Pacific region is distinctly maritime in character. When we centre a globe on the Pacific Ocean, the blue of the ocean almost obscures the littoral landmasses but spin the globe until it is centred on the mid-Atlantic and landmasses then dominate the oceans. Not surprisingly, Atlantic nations tend towards a continental view of security while Asia-Pacific nations have a maritime view. The importance of maritime security to many Asia-Pacific countries is reflected in the size of their merchant shipping fleets, a dependence on seaborne trade, expanding naval forces, and strongly promoted claims to offshore sovereignty and marine resources. Maritime security is likely to assume even greater importance in the future as economic growth proceeds, and countries become both more interdependent and more aware of the extent of their maritime interests. Events of September 11 and their aftermath have had the effect of bringing a new focus to some aspects of maritime security in the region but we should not lose sight of the enduring features that underpin maritime security.

Lawyers in Australia

Ainslie Lamb — Wed, 09 Jan 2013 21:02:20 PST

Family Law Skills Practice

Ainslie Lamb — Wed, 09 Jan 2013 20:35:23 PST

The video follows a scenario of a breakdown in family relationships, leading to a variety of situations in which the lawyer's skills of interviewing, drafting and representational skills are applied and demonstrated.

Monitoring, control and surveillance of protected areas and specially managed areas in the marine domain

Denzil G. Miller — Wed, 02 Jan 2013 19:40:10 PST

A checklist is provided for monitoring, control and surveillance (MCS) actions to be applied in the areal-based management of marine fisheries and attached biodiversity conservation needs. The application of MCS to underpin compliance enforcement in marine protected and specially managed areas is seen as important in addressing such needs. Spatial, temporal, management and practical considerations are identified as important implementing considerations for effective MCS-based compliance enforcement. Most notably, human activity impact mitigation appears to possess the greatest potential to reduce potentially-harmful and cumulative long-term effects across all relevant spatial-temporal ranges considered. Equally, selection of suitable MCS approaches requires careful consideration of spatial and/or temporal constraints, as well as regulatory requirements. Express reference is therefore made to conservation measures adopted by the Commission of the Conservation of Antarctic Marine Living Resources (CCAMLR) as examples of where specific, areal-based, precautionary, ecosystem-directed and operational MCS measures have been applied. It is concluded that customary MCS measures are suitable for both fisheries management and biodiversity conservation in protected, or specially managed, areas. The importance of cost-benefit considerations, management feedback and information review is also discussed in the context of minimising protected-area MCS costs.

From behind the great wall: the development of statistics on the marine economy in china

Weiling Song — Wed, 02 Jan 2013 19:35:09 PST

The last 30 years have seen an international recognition by both academics and governments of the need to measure the marine economy. However both the barriers of history and communication have led to a lack of recognition of the steps taken in China to measure its marine economy. Statistics on the marine economy are an important foundation for achieving rationally based development and efficient management of the marine economy. This paper explains developments in the Chinese marine economic statistical system over the past 20 years in an all-round and systematic way and summarizes the developmental features. Data gathering has gone from dispersed efforts to a concentrated approach, increasing from partial coverage of industry categories to comprehensive statistics and transitioning to more institutionalized management of marine economic statistics. The practical significance of these developments is an improved national data set for the marine economy and policy makers that will develop in the future. Annual Statistical Yearbooks are available in English and enable researchers outside China to access statistical data on one of the world's largest marine economies.

'The main thing is to shut them out' The deployment of law and the arrival of Russians in Australia 1913 -1925: An histoire

Jacklyn Leiboff — Sun, 16 Dec 2012 14:12:41 PST