EMERGING SCHOLARS 2010-2011 Edited by Melissa H. Conley Tyler Review Panel: Chad J. Mitcham and Sue Thompson Editorial Assistance: Gale Wilkinson, Olivia Boyd, Hallah Nilsen, Danielle Rajendram, Phanthanousone Khennavong Cover Design: Thu Lam Australian Institute of International Affairs June 2011 i Copyright © The Australian Institute of International Affairs 2011 This publication may be distributed on the condition that it is attributed to the Australian Institute of International Affairs. Use for educational purposes is not allowed without the prior written consent of the Australian Institute of International Affairs. Any views or opinions expressed in this publication are not necessarily shared by the Australian Institute of International Affairs or any of its members or affiliates. Cover design copyright © Thu Lam 2011 Australian Institute of International Affairs 32 Thesiger Court, Deakin ACT 2600, Australia Phone: 02 6282 2133 Facsimile: 02 6285 2334 Website: www.aiia.asn.au Email: [email protected] ISBN: 978-0-909992-00-2 ii CONTENTS Foreword 1 Acronyms and Abbreviations 3 Sean G L Jacobs 7 Undermining the State: The „Crime-Terror Nexus‟ and Papua New Guinea Kara Muratore 21 The 2010 Shanghai World Expo: An Exercise in Public Diplomacy? Jade Cooper 41 A Global Alliance? US Interests in the US-Australia Alliance Rose Grantham 61 Preventing Crime: An International Social Development and Human Rights Perspective Henry Lawton 77 The Emerging „Fifth Estate‟: Human Rights and Advocacy in the Digital Age Emily Thwaites-Tregilgas 93 A Comparative Study in International Criminal Prevention: Measures Used in the Asia-Pacific and Mediterranean to Deter Migrant Smuggling by Boat Jannika Brostrom 115 Aid, Development and Mutuality: The Case for ‘Moral’ Realism? Luke Nasir 133 International Humanitarian Law and Terrorism: The Problem is Not Lack of Rules, but Lack of Respect for Them Carna Kisa 149 The 2009 ICRC Study on Direct Participation in Hostilities: Its Implications for International Humanitarian Law Zeng Fei He 169 Sovereignty in the Arctic: Can the United Nations Convention on the Law of the Sea Deal with Continental Shelf Claims? iii iv FOREWORD The Australian Institute of International Affairs (AIIA) was established more than 75 years ago to promote public understanding and interest in international affairs. In recent years, the AIIA has been active in extending its activities to younger members of the community. The AIIA has launched a variety of initiatives to engage young people including young professionals‟ networks, careers fairs, schools events, mentoring programs and the Young Diplomats Program. As part of the AIIA‟s commitment to engage youth in international affairs, AIIA National Office launched an internship program in 2006. Since the commencement of the program, National Office has hosted more than 100 interns from Australia and overseas. A number of branches host internship programs, including very active programs at the AIIA‟s New South Wales and South Australian Branches. For more information, visit www.aiia.asn.au. Given the high quality of papers prepared, all of which have been subject to academic review, the AIIA is pleased to promote this work to a broader audience. The AIIA aims to produce an annual Emerging Scholars volume in order to publicise interns‟ research. Please note that the opinions contained in this volume are those of the authors alone and do not represent the views of the AIIA. This volume of Emerging Scholars includes reports on a variety of challenging issues in international affairs. At the close of the decade since September 11 2001, it is not surprising that chapters deal with the issues that this decade has raised such as the application of international humanitarian law both to terrorism and counterterrorism measures and the difficulties of distinguishing between combatants and civilians in asymmetrical warfare. Closer to home, a chapter examines the potential for a nexus between organised crime and terrorism in Papua New Guinea. Some pieces deal with issues that have been much in the news, such as deterrent measures against asylum seekers in the Asia Pacific and Mediterranean and on the expanding role of digital information and communications technology in international human rights advocacy, including the impact of WikiLeaks. A chapter assesses the impact of China‟s and Australia‟s public diplomacy at the 2010 Shanghai Expo. 1 Other chapters deal with issues that should be perennial, such as morality and national interest within aid and development policies and the utility of a social development and human rights approach to crime prevention. Looking ahead, a chapter examines the dynamics of the US-Australian relationship in a rapidly evolving strategic and geopolitical context while the final paper plans for the future of an Arctic region with reduced ice cover by looking at the need for a comprehensive agreement between the Arctic states. We hope your enjoy your reading. The Emerging Scholars series provides a unique opportunity for young researchers to influence debate in the community on a number of important issues. For the authors, it is a valuable opportunity to publish, often for the first time, and to reach an audience of their peers and elders, many of whom are experts in their fields. We congratulate the authors on their work and hope that this further stimulates their interest in careers in international affairs. I would like to thank the reviewers for this volume – Dr Chad Mitcham and Dr Sue Thompson – for the significant work they have put into ensuring the quality of this publication. I would also like to recognise Gale Wilkinson, Olivia Boyd, Hallah Nilsen, Danielle Rajendram and Phanthanousone Khennavong for assisting in the editing process. I thank Professor Robert Campbell and Cheryl Wilson of the Australian National Internship Program for placing so many excellent interns with the AIIA. We wish the authors well in their future endeavours and commend their research to you. Melissa H. Conley Tyler National Executive Director Australian Institute of International Affairs June 2011 2 ACRONYMS AND ABBREVIATIONS ACMA Australian Communications and Media Authority AEPS Arctic Environmental Protection Strategy Australia, New Zealand, and United States Security ANZUS Treaty AP Additional Protocol APEC Asia-Pacific Economic Cooperation ASEAN Association of South East Asian Nations ATS Antarctic Treaty System AUSFTA Australia-U.S. Free Trade Agreement AUSMIN Australia-U.S. Ministerial CIDA Canadian International Development Agency CLCS Commission on the Limits of the Continental Shelf CPTED Crime Prevention Through Environmental Design CRA Revealed Comparative Advantage CTAP Counter Terrorism Action Plan DAC Development Assistance Committee DFAT Department of Foreign Affairs and Trade DPH Direct Participation in Hostilities EAS East Asian Summit ECP Enhanced Cooperation Plan EEZ Exclusive Economic Zone EP Paiton Energy ERIA Economic Research Institute for ASEAN and East Asia ETAP Electoral Technical Assistance Program EU European Union FARC The Revolutionary Armed Forces of Colombia FATF Financial Action Task Force GC Geneva Convention GFC Global Financial Crisis GWOT Global War on Terror ICAT International Coalition Against Terrorism 3 ICJ International Court of Justice ICMPD International Centre for Migration Policy Development ICPC International Centre for the Prevention of Crime ICRC International Committee of the Red Cross ICT Information Communications Technology ICTY International Criminal Tribunal for the Former Yugoslavia IED Improvised Explosive Device IHL International Humanitarian Law IOM International Organisation for Migration IPA Indonesian Petroleum Association IPP Independent Power Producing ISP Internet Service Provider JBIC Japanese Bank for International Cooperation JETRO Japan External Trade Organization JICA Japan International Cooperation Agency JIEPA Japanese Indonesian Economic Partnership Agreement LTTE Liberation Tigers of Tamil Eelam MOU Memorandums of Understanding MTM Mediterranean Transit Migration NATO North Atlantic Treaty Organisation NGO Non-Governmental Organisations ODA Official Development Assistance OECD Organisation for Economic Co-operation and Development PNG Papua New Guinea POW Prisoner of War ROK Republic of Korea (South Korea) RPNGC Royal Papua New Guinea Constabulary RUF Revolutionary United Front RUSI Royal United Services Institute SLOC Sea Lines of Communication SME Small and Medium Enterprises TEMPCO Tokyo Electrical Power Company 4 TPP Trans-Pacific Partnership UN United Nations UNCCP United Nations Committee on Crime Prevention and Control UNCLCS United Nations Commission on the Limits of the Continental Shelf UNCLS United Nations Convention on the Law of the Sea UNCTOC United Nations Convention against Transnational Organised Crime UNDP United Nations Development Programme UNHCR United Nations High Commissioner for Refugees UNODC United Nations Office on Drugs and Crime WHO World Health Organisation WMD Weapons of Mass Destruction 5 6 Undermining the State: The ‘Crime-Terror Nexus’ and Papua New Guinea Sean G L Jacobs* The overlap between crime and terrorism is creating unprecedented security challenges for developing states. To sustain or further operations, terror groups have sought to extend collaboration with criminals and criminal networks. The Revolutionary Armed Forces of Colombia and the Taliban in Afghanistan are prominent examples of this convergence. Papua New Guinea, with high levels of crime, state