The Australian Defence Force, together with military forces from a number of western democracies, have for some years been seeking out and killing Islamic militants in Iraq, Syria and Afghanistan, detaining asylum seekers for periods at sea or running the judicial systems of failed states. It has also been ready to conduct internal security operations at home. The domestic legal authority cited for this is often the poorly understood concept of executive power, which is power that derives from executive and not parliamentary authority. In an age of legality where parliamentary statutes govern action by public officials in the finest detail, it is striking that these extreme exercises of the use of force often rely upon an elusive legal basis. This book seeks to find the limits to the exercise of this extraordinary power.
Editor(s): Kim Rubenstein
Due to the continuing expansion of the notion of security, various national, regional and international institutions now find themselves addressing contemporary security issues. While institutions may evolve by adjusting themselves to new challenges, they can also fundamentally alter the intricate balance between security and current legal frameworks. This volume explores the tensions that occur when institutions address contemporary security threats, in both public and international law contexts. As part of the Connecting International with Public Law series, it provides important and valuable insights into the legal issues and perspectives which surround the institutional responses to contemporary security challenges. It is essential reading for scholars, practitioners and policy makers seeking to understand the legal significance of security institutions and the implications of their evolution on the rule of law and legitimacy.
Author(s): , John Oman Ballard, Allan Anforth
The 10th edition of this well known reference book provides the full text of the Safety, Rehabilitation and Compensation Act as at 1 April 2014, together with comprehensive annotations, organised on a section-by-section basis, covering all significant decisions of the High Court, the Federal Court and the Administrative Appeals Tribunal on the Act. The book has up-to-date discussion of recent litigation concerning the Safety, Rehabilitation and Compensation Act, including "reasonable administrative action taken in a reasonable manner", liability for injuries in the course of employment, and construction of the approved Guide. It also includes a list of all legislative instruments published in the Gazette or entered in the Register of Legislative Instruments, and consideration of military compensation arrangements under the Act where the date of injury was before 1 July 2004. Canberra barrister Allan Anforth has contributed an expanded Practitioner's Guide aimed at claimants under the Act and their advocates.
Editor(s): Robert McLaughlin
Modern technological development has been both rapid and fundamentally transformative of the means and methods of warfare, and of the broader environment in which warfare is conducted. In many cases, technological development has been stimulated by, and dedicated to, addressing military requirements. On other occasions, technological developments outside the military sphere affect or inform the conduct of warfare and military expectations. The introduction of new technologies such as information technology, space technologies, nanotechnology and robotic technologies into our civil life, and into warfare, is expected to influence the application and interpretation of the existing rules of the law of armed conflict. In this book, scholars and practitioners working in the fields critically examine the potential legal challenges arising from the use of new technologies and future directions of legal development in light of the specific characteristics and challenges each technology presents with regard to foreseeable humanitarian impacts upon the battlespace.
Research theme: Military & Security Law
Editor(s): Donald Rothwell, Natalie Klein, Joanna Mossop
Maritime security is of vital importance to Australia and New Zealand as both countries depend on maritime transport for their economic survival. Since the events of September 11th 2001, significant questions have been raised as to whether Australia and New Zealand are adequately prepared for the consequences of a major disruption to global shipping following a terrorist attack on a leading regional port such as Hong Kong or Singapore. Considerable efforts have also been undertaken to improve responses to an array of maritime security threats, such as transnational crime, environmental pollution, and piracy and armed robbery. This volume identifies those issues that particularly affect Australia and New Zealand’s maritime security, evaluating the issues from legal and political perspectives, and proposes methods for improving maritime security in the two countries. While the focus is primarily on Australia and New Zealand, the scope extends to regional considerations, addressing matters related to Pacific Island states, Southeast Asia and the Antarctic and sub-Antarctic region. The book also addresses strategic partnerships examining the influence of the United States, and analyses issues within the broad framework of international law and politics.
Research theme: Military & Security Law