Australia's Arc of Instability: Evolution, Causes and Policy Dilemmas
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Abuse of Process in Cross-Border Cases: Moti V the Queen
ABUSE OF PROCESS IN CROSS-BORDER CASES: MOTI V THE QUEEN * DANIELLE IRELAND-PIPER In a majority of six to one, the High Court in Moti v The Queen concluded that the act of state doctrine does not preclude findings as to the legality of the conduct of a foreign government, where such a finding is determinative of an abuse of process. The decision is a welcome addition to existing international jurisprudence on due process rights in prosecutions of extraterritorial conduct. In turn, it is a reminder that operating extraterritorially does not mean operating without accountability. I INTRODUCTION In Moti v The Queen,1 the High Court of Australia considered whether proceedings can be maintained against a person who has not properly been brought within the jurisdiction by regular means, or whether such proceedings are an abuse of process. In so doing, a majority of six to one concluded that the act of state doctrine does not preclude findings as to the legality of the conduct of a foreign government, where those conclusions are a necessary step to determining a question within the competency of the court. This article will conclude the findings of the High Court in Moti v The Queen are a welcome addition to jurisprudence on procedural irregularities in the prosecution of transnational crime. The High Court in XYZ v Commonwealth2 confirmed that the Commonwealth may rely on section 51(xxix) of the Constitution of Australia to assert extraterritorial criminal jurisdiction over Australian citizens. Such assertions are also permitted under international law by virtue of the active nationality principle.3 However, although useful in fighting transnational crime, assertions of extraterritorial criminal jurisdiction are sometimes overly politicised, and vulnerable to abuses of process.4 Therefore, the decision in Moti v The Queen has implications for the prosecution of offences for conduct occurring extraterritorially, and is a timely reminder for state officials and prosecutors that operating extraterritorially does not mean operating without accountability. -
Participatory Approaches to Law and Justice Reform in Papua New Guinea
PACIFIC ISLANDS POLICY 3 Safety, Security, and Accessible Justice Participatory Approaches to Law and Justice Reform in Papua New Guinea ROSITA MACDONALD THE EAST-WEST CENTER is an education and research organization established by the U.S. Congress in 1960 to strengthen relations and understanding among the peoples and nations of Asia, the Pacific, and the United States. The Center contributes to a peaceful, prosperous, and just Asia Pacific community by serving as a vigorous hub for cooperative research, education, and dialogue on critical issues of common concern to the Asia Pacific region and the United States. Funding for the Center comes from the U.S. government, with additional support provided by private agencies, individuals, foundations, corporations, and the governments of the region. THE PACIFIC ISLANDS DEVELOPMENT PROGRAM (PIDP) was established in 1980 as the research and training arm for the Pacific Islands Conference of Leaders—a forum through which heads of government discuss critical policy issues with a wide range of interested countries, donors, nongovernmental organizations, and private sector representatives. PIDP activities are designed to assist Pacific Island leaders in advancing their collective efforts to achieve and sustain equitable social and economic development. As a regional organization working across the Pacific, the PIDP supports five major activity areas: (1) Secretariat of the Pacific Islands Conference of Leaders, (2) Policy Research, (3) Education and Training, (4) Secretariat of the United States/Pacific Island Nations Joint Commercial Commis- sion, and (5) Pacific Islands Report (pireport.org). In support of the East-West Center’s mission to help build a peaceful and prosperous Asia Pacific community, the PIDP serves as a catalyst for development and a link between the Pacific, the United States, and other countries. -
BTI 2010 | Papua New Guinea Country Report
BTI 2010 | Papua New Guinea Country Report Status Index 1-10 5.85 # 58 of 128 Democracy 1-10 6.35 # 50 of 128 Market Economy 1-10 5.36 # 70 of 128 Management Index 1-10 4.99 # 65 of 128 scale: 1 (lowest) to 10 (highest) score rank trend This report is part of the Transformation Index (BTI) 2010. The BTI is a global ranking of transition processes in which the state of democracy and market economic systems as well as the quality of political management in 128 transformation and developing countries are evaluated. The BTI is a joint project of the Bertelsmann Stiftung and the Center for Applied Policy Research (C•A•P) at Munich University. More on the BTI at http://www.bertelsmann-transformation-index.de/ Please cite as follows: Bertelsmann Stiftung, BTI 2010 — Papua New Guinea Country Report. Gütersloh: Bertelsmann Stiftung, 2009. © 2009 Bertelsmann Stiftung, Gütersloh BTI 2010 | Papua New Guinea 2 Key Indicators Population mn. 6.3 HDI 0.54 GDP p.c. $ 2084 Pop. growth % p.a. 2.0 HDI rank of 182 148 Gini Index 50.9 Life expectancy years 57 UN Education Index 0.52 Poverty2 % 57.4 Urban population % 12.6 Gender equality1 - Aid per capita $ 50.2 Sources: UNDP, Human Development Report 2009 | The World Bank, World Development Indicators 2009. Footnotes: (1) Gender Empowerment Measure (GEM). (2) Percentage of population living on less than $2 a day. Executive Summary During the period under review, Papua New Guinea (PNG) made some progress toward providing its citizens greater freedom of choice by improving the state of democracy and its market-based economy. -
Jihadism in Africa Local Causes, Regional Expansion, International Alliances
SWP Research Paper Stiftung Wissenschaft und Politik German Institute for International and Security Affairs Guido Steinberg and Annette Weber (Eds.) Jihadism in Africa Local Causes, Regional Expansion, International Alliances RP 5 June 2015 Berlin All rights reserved. © Stiftung Wissenschaft und Politik, 2015 SWP Research Papers are peer reviewed by senior researchers and the execu- tive board of the Institute. They express exclusively the personal views of the authors. SWP Stiftung Wissenschaft und Politik German Institute for International and Security Affairs Ludwigkirchplatz 34 10719 Berlin Germany Phone +49 30 880 07-0 Fax +49 30 880 07-100 www.swp-berlin.org [email protected] ISSN 1863-1053 Translation by Meredith Dale (Updated English version of SWP-Studie 7/2015) Table of Contents 5 Problems and Recommendations 7 Jihadism in Africa: An Introduction Guido Steinberg and Annette Weber 13 Al-Shabaab: Youth without God Annette Weber 31 Libya: A Jihadist Growth Market Wolfram Lacher 51 Going “Glocal”: Jihadism in Algeria and Tunisia Isabelle Werenfels 69 Spreading Local Roots: AQIM and Its Offshoots in the Sahara Wolfram Lacher and Guido Steinberg 85 Boko Haram: Threat to Nigeria and Its Northern Neighbours Moritz Hütte, Guido Steinberg and Annette Weber 99 Conclusions and Recommendations Guido Steinberg and Annette Weber 103 Appendix 103 Abbreviations 104 The Authors Problems and Recommendations Jihadism in Africa: Local Causes, Regional Expansion, International Alliances The transnational terrorism of the twenty-first century feeds on local and regional conflicts, without which most terrorist groups would never have appeared in the first place. That is the case in Afghanistan and Pakistan, Syria and Iraq, as well as in North and West Africa and the Horn of Africa. -
The Moti Affair in Papua New Guinea
SSGM WORKING PAPERS NUMBER 2007/1 THE MOTI AFFAIR IN PAPUA NEW GUINEA Hank Nelson Emeritus Professor, Department of Pacific and Asian History Visiting Fellow, SSGM ANU College of Asia and the Pacific, The Australian National University Paper written in August 2007 Author: Hank Nelson Year of Publication: 2007 Title: The Moti Affair in Papua New Guinea Series: State Society and Society in Melanesia Working Paper No. 2007/1 Publisher: State Society and Governance in Melanesia Program, ANU College of Asia and the Pacific, Research School for Pacific and Asian Studies, The Australian National University Place of Publication: Canberra State Society and Governance in Melanesia Program Working Papers The State Society and Governance in Melanesia Program Working Paper series seeks to provide readers with access to current research and analysis on contemporary issues on governance, state and society in Melanesia and the Pacific. Working Papers produced by the Program aim to facilitate discussion and debate in these areas; to link scholars working in different disciplines and regions; and engage the interest of policy communities. Disclaimer: The views expressed in publications on this website are those of the authors and not necessarily those of the State, Society and Governance in Melanesia Program. State Society and Governance in Melanesia Program Research School of Pacific and Asian Studies The Australian National University Canberra ACT 0200 Tel: +61 2 6125 8394 Fax: +61 2 6125 5525 Email: [email protected] State, Society and Governance in Melanesia Program Working Paper 2007/1 2 The Moti Affair in Papua New Guinea Itself a minor matter in international affairs, the arrest, detention and escape of Julian Moti in Papua New Guinea revealed something of the relationships between three nations, the subsequent inquiry in Papua New Guinea provided evidence of the performance of institutions and elected and appointed officers, and the affair’s knock- on effects still reverberate. -
Melanesia in Review: Issues and Events, 2006 Provided by Scholarspace at University of Hawai'i at Manoa
View metadata, citation and similar papers at core.ac.uk brought to you by CORE Melanesia in Review: Issues and Events, 2006 provided by ScholarSpace at University of Hawai'i at Manoa Reviews of Papua New Guinea and functions to perform as stipulated in West Papua are not included in this Fiji’s 1997 Constitution. Perhaps the issue. sdl government assumed too much about people’s acceptance of the Fiji rule of law in a developing country By January 2006 the confl ict between or Third World context. As can be the Fiji Military Forces and the now gauged from Fiji’s coup culture since ousted government, which had been 1987, the causes of political confl ict led by the Soqosoqo Duavata ni in the country extend far beyond the Lewenivanua (sdl) party, had been scope of the modern rule of law, and continuing for almost fi ve years. One solutions involve additional political, of the main criticisms put forth by legal, and even customary measures. the commander of the Fiji Military Perhaps continued dialogue between Forces, Commodore Voreqe Baini- the sdl government and the Fiji marama, was that Laisenia Qarase’s Military Forces outside the param- government was lax in dealing with eters of Parliament could partially the 2000 coup perpetrators. A number have resolved Fiji’s ongoing political of high chiefs were allowed to serve crisis. After all, 95 percent of both the their prison terms extramurally, and sdl government and the Fiji Military one chiefl y parliamentarian returned Forces were indigenous Fijians. During to Parliament after his sentence. -
Extraterritorial Criminal Jurisdiction
EXTRATERRITORIAL CRIMINAL JURISDICTION: DOES THE LONG ARM OF THE LAW UNDERMINE THE RULE OF LAW? Extraterritorial Criminal Jurisdiction & the Rule of Law DANIELLE IRELAND-PIPER* Assertions of extraterritorial jurisdiction have become increasingly frequent in the 21st century. Although a useful response to transnational crime, such assertions are often highly politicised and used by states to further unilateral foreign policy objectives. Further, some assertions of extraterritoriality undermine the rule of law and do not provide adequate procedural fairness. While principles such as comity and reasonableness may assist in protecting the rights of states, they do not adequately protect the rights of individuals. Therefore, this article argues that extraterritoriality should be treaty-based rather than unilateral, and domestic constitutional guarantees must apply equally to extraterritorial assertions of jurisdiction and territorial assertions. Further, principles to guide exercises of prosecutorial discretion in relation to an assertion of extraterritoriality need to be developed and made available in the form of a model law. CONTENTS I Introduction ............................................................................................................... 2 II What is Extraterritorial Jurisdiction?......................................................................... 6 III What are the Rules?................................................................................................... 9 A The Territorial Principle............................................................................. -
Pol It Ical Reviews • Melanesia
pol i t ical reviews • melanesia 597 to them (NC, 6–7 Oct, 12 Oct, 24 Oct that it could get only short-term con- 2006). tracts overseas (NC, 19 Dec 2006). After a month-long blockade, the david chappell police liberated Doniambo, but only two of its four ore sources upcoun- try were functioning. The rpcr and References ae traded barbs over alleged politi- Frogier, Pierre. 2006 Speech at rpcr cal plotting behind the strike, while Congress. 20 May. the cstnc adopted ustke’s tactic IHT, International Herald Tribune. Daily. of on-again, off-again picketing and Paris. http://www.iht.com blockages (NC, 14 Dec, 17 Oct, 20 Oct 2006). The cstnc even shut down the kol, Kanaky Online. http:// fr.groups local newspaper temporarily for what .yahoo.com / group / kanaky it considered unfair reporting (pir, 7 NC, Les Nouvelles-Calédoniennes. Daily. Nov 2006), while repeated negotia- Noumea. http://www.info.lnc.nc / tions stalled. Nea went to court for pir, Pacific Islands Report. his appeal of a conviction from the http://pidp.eastwestcenter.org / pireport previous year of blockades that had rnzi, Radio New Zealand International. condemned him to three months in http://www.rnzi.com prison. The judge upheld the convic- tion and sentence, but told Nea that TPM, Tahiti-Pacifique Magazine. Monthly. he could appeal to a higher court, and Papeete. that there would likely be a “more or less generous” amnesty granted after the 2007 presidential elections Solomon Islands for union-related offenses. By mid- November, Nea was softening his For Solomon Islands, 2006 brought general strike demands, was arrested a lot of expectations for positive for diverting sln funds and, with two change, especially with regard to associates, was fi ned us$20,000, and political leadership at the national soon was offering to resign from the level. -
GEOPOLITICS of the 2016 AUSTRALIAN DEFENSE WHITE PAPER and ITS PREDECESSORS Bert Chapman Purdue University, [email protected]
Purdue University Purdue e-Pubs Libraries Faculty and Staff choS larship and Research Purdue Libraries 4-25-2016 GEOPOLITICS OF THE 2016 AUSTRALIAN DEFENSE WHITE PAPER AND ITS PREDECESSORS Bert Chapman Purdue University, [email protected] Follow this and additional works at: http://docs.lib.purdue.edu/lib_fsdocs Part of the Australian Studies Commons, Comparative Politics Commons, Defense and Security Studies Commons, Economic Policy Commons, Geography Commons, History of the Pacific Islands Commons, Industrial Organization Commons, International and Area Studies Commons, International Relations Commons, Military History Commons, Military Studies Commons, Peace and Conflict Studies Commons, Political Economy Commons, Political History Commons, Public Economics Commons, and the Public Policy Commons Recommended Citation Bert Chapman."Geopolitics of the 2016 Australian Defense White Paper and Its Predecessors." Geopolitics, History, and International Relations, 9 (1)(2017): 17-67. This document has been made available through Purdue e-Pubs, a service of the Purdue University Libraries. Please contact [email protected] for additional information. Geopolitics, History, and International Relations 9(1) 2017, pp. 17–67, ISSN 1948-9145, eISSN 2374-4383 GEOPOLITICS OF THE 2016 AUSTRALIAN DEFENSE WHITE PAPER AND ITS PREDECESSORS BERT CHAPMAN [email protected] Purdue University, West Lafayette, IN ABSTRACT. Australia released the newest edition of its Defense White Paper, describing Canberra’s current and emerging national security priorities, on February 25, 2016. This continues a tradition of issuing defense white papers since 1976. This work will examine and analyze the contents of this document as well as previous Australian defense white papers, scholarly literature, and political statements assess- ing their geopolitical significance. -
Maritime Security Issues in an Arc of Instability and Opportunity Walter S
University of Wollongong Research Online Faculty of Law, Humanities and the Arts - Papers Faculty of Law, Humanities and the Arts 2013 Maritime Security Issues in an Arc of Instability and Opportunity Walter S. Bateman University of Wollongong, [email protected] Quentin A. Hanich University of Wollongong, [email protected] Publication Details Bateman, S. & Hanich, Q. (2013). Maritime Security Issues in an Arc of Instability and Opportunity. Security Challenges, 9 (4), 87-105. Research Online is the open access institutional repository for the University of Wollongong. For further information contact the UOW Library: [email protected] Maritime Security Issues in an Arc of Instability and Opportunity Abstract The aP cific Arc of islands and archipelagos to the north and east of Australia has been characterised both as an ‗arc of instability' and as an ‗arc of opportunity'. It is the region from or through which a threat to Australia could most easily be posed, as well as an area providing opportunities for Australia to work on common interests with the ultimate objective of a more secure and stable region. Maritime issues are prominent among these common interests. This article identifies these issues and their relevance to Australia's maritime strategy. It suggests measures Australia might take to exploit the opportunities these interests provide. Keywords arc, issues, instability, maritime, opportunity, security Disciplines Arts and Humanities | Law Publication Details Bateman, S. & Hanich, Q. (2013). Maritime Security Issues in an Arc of Instability and Opportunity. Security Challenges, 9 (4), 87-105. This journal article is available at Research Online: http://ro.uow.edu.au/lhapapers/3256 Maritime Security Issues in an Arc of Instability and Opportunity Sam Bateman and Quentin Hanich The Pacific Arc of islands and archipelagos to the north and east of Australia has been characterised both as an ‗arc of instability‘ and as an ‗arc of opportunity‘. -
Australia: Background and U.S. Relations
Order Code RL33010 Australia: Background and U.S. Relations Updated August 8, 2008 Bruce Vaughn Specialist in Asian Affairs Foreign Affairs, Defense, and Trade Australia: Background and U.S. Relations Summary The Commonwealth of Australia and the United States are very close allies. Australia shares similar cultural traditions and values with the United States and has been a treaty ally since the signing of the Australia-New Zealand-United States (ANZUS) Treaty in 1951. Australia made major contributions to the allied cause in both the first and second World Wars and has been a staunch ally of Britain and the United States in their conflicts. Under the former Liberal government of John Howard, Australia invoked the ANZUS treaty to offer assistance to the United States after the attacks of September 11, 2001, in which 22 Australians died. Australia was one of the first countries to commit troops to U.S. military operations in Afghanistan and Iraq. In October 2002, a terrorist attack on Western tourists in Bali, Indonesia, killed more than 200 persons, including 88 Australians and seven Americans. A second terrorist bombing, which killed 23, including four Australians, was carried out in Bali in October 2005. The Australian Embassy in Jakarta, Indonesia, was also bombed by members of Jemaah Islamiya (JI) in September 2004. Kevin Rudd, of the Labor Party, was elected prime minister on November 24, 2007. While Rudd has fulfilled an election promise to draw down Australian military forces in Iraq and has reversed Australia’s position on climate change — by signing the Kyoto protocols — relations with the United States remain very close. -
Arc of Instability’: the History of an Idea
Chapter 6 The ‘Arc of Instability’: The History of an Idea Graeme Dobell It is extremely important to us as Australians that we appreciate that we cannot afford to have failing states in our region. The so-called arc of instability, which basically goes from East Timor through to the south-west Pacific states, means not only that Australia does have a responsibility to prevent humanitarian disaster and assist with humanitarian and disaster relief but also that we cannot allow any of these countries to become havens for transnational crime or indeed havens for terrorism ¼ Australia has a responsibility in protecting our own interests and values to support the defence and protection of the interests and values of these countries in our region. Brendan Nelson Defence Minister1 The reason why we need a bigger Australian Army is self evident. This country faces on-going and in my opinion increasing instances of destabilised and failing states in our own region. I believe in the next 10 to 20 years Australia will face a number of situations the equivalent of or potentially more challenging than the Solomon Islands and East Timor. John Howard, Prime Minister2 Not enough jobs is leading to poverty, unhappiness, and it results in crime, violence and instability. In the Pacific, this could lead to a lost generation of young people. Alexander Downer Foreign Affairs Minister3 85 History as Policy What's sometimes called the `arc of instability' may well become the `arc of chaos'. We've seen in the Solomon Islands and elsewhere evidence of what happens when young people do not have opportunities, don©t have a sense of hope for their own future.