Use of Force & Terrorism
TYPOLOGY OF CONFLICT: TERRORISM AND THE AMBIGUATION OF THE LAWS OF WAR (with Gywnn MaCarrick), GNLU Law Review (2009)
One of the reasons that terrorism is unconventional and viewed as beyond the pale is...
The Superior Orders Defence: A Game of Musical Chairs and the Jury Is Still Out (2007)
This article has as its aim an exploration of the development of the superior orders...
Walking an International Tightrope: Use of Military Force to Counter Terrorism, Brooklyn Journal of International Law (2006)
The UN Charter reflects the drafters’ singular focus on creating a political system to govern...
America’s War on Terror: Rattling International Law with Raw Power? , Newcastle Law Review (2005)
The need for more dramatic targets has led to the new and somewhat exaggerated emphasis...
Countering Terrorism-From Wigged Judges to Helmeted Soldiers? Legal Perspectives on America’s Counter-Terrorism Responses, San Diego International Law Journal (2005)
This Article aims to evaluate the international legal perspectives attendant to U.S. counter-terrorism measures and...
New Frontiers, Old Problems: The War on Terror and the Notion of Anticipating the Enemy, Netherlands International Law Review (2004)
The old truism, that international law is not a suicide pact, is forceful in an...
War on the Enemy: Self-Defence and State-Sponsored Terrorism, Melbourne Journal of International Law (2003)
In the international law system, internal mechanisms are the appropriate responses to terrorist acts through...
Rushing To Break the Law? “The Bush Doctrine” of Pre-Emptive Strikes and the UN Charter Regime on the Use of Force, University of Western Sydney Law Review (2003)
The issues that the Article tackles are obviously complex and lengthy, however the Article has...
RUSHING TO BREAK THE LAW? “THE BUSH DOCTRINE” OF PRE-EMPTIVE STRIKES AND THE UN CHARTER REGIME ON THE USE OF FORCE, University of Western Sydney Law Review (2003)
The issues that the Article tackles are obviously complex and lengthy, however the Article has...
Human Rights & Humanitarian Law
A PEOPLE BETRAYED-THE DARFUR CRISIS AND INTERNATIONAL LAW: RETHINKING WESTPHALIAN SOVEREIGNTY IN THE 21ST CENTURY (with Kithure Kindiki), Bond Law Review (2007)
This Article uses the Darfur Crisis in Sudan as a case study. It argues that...
A People Betrayed—The Darfur Crisis and International Law: Rethinking Westphalian Sovereignty In the 21st Century, Bond Law Review (2007)
Using the crisis in the Darfur region of Western Sudan as the reference for analysis,...
Silencing Human Rights in the Clash of Arms? Israel’s Official Policy of “Targeted Killings”—A Dark Side in Fighting Terrorism, Human Rights Focus Journal (2006)
There is no act to which the law does not apply in as far as...
People First, Nations Second: A New Role for the UN as an Assertive Human Rights Custodian, Australian International Law Journal (2006)
The tragedy of East Timor in 2000 coming so soon after that of Kosovo focused...
Democracy's Global Quest: A Noble Crusade Wrapped in Dirty Reality? (with Andrew K. Coleman), Suffolk Transnational Law Review (2005)
The end of the Cold War and the apparent "victory" of democracy witnessed a dramatic...
Sovereignty in Transition: Human Rights and International Justice, University of Notre Dame Australia Law Review (2005)
Sovereign excesses in the twentieth century resulted in the murder of approximately 170,000,000 persons by...
Democratic Governance: An Emerging Customary Norm?, University of Notre Dame Australia Law Review (2003)
International law has traditionally regarded the peoples of the world as being represented in the...
Democratic Governance: An Emerging Customary Norm? , University of Notre Dame Australia Law Review (2003)
Even when states agree on the kinds of changes necessary to initiate or restore democracy...
THE INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA: A PAPER UMBRELLA IN THE RAIN? INITIAL PITFALLS AND BRIGHTER PROSPECTS, African Journal of Conflict Resolution (2003)
The tragedy which befell Rwanda in 1994 deserves a special place in the bloodstained pages...
“Now You see, Now You Don’t: The Duty of the State to Investigate and Prosecute ‘Disappearances and Extra Judicial Executions, Australian International Law Journal (2002)
This article sets out to explore the duty of a state to punish “disappearances” and...
Revisiting the Balkan Crisis: A UN Question; The European Connection and the US Solution. , Jurnal Hukum (2002)
This Article examines the conflict in the former Yugoslavia which gave birth to the International...
From Congo to East Timor in 40 Years: The UN Finally Crossing the Rubicon between Peace-Keeping and Peace-Making?, Newcastle Law Review (2000)
People first, nations second. That's the new global creed that is beginning to jell at...
People First, Nations Second: A New Role for the United Nations, Australian International Law Journal (2000)
The tragedy of East Timor coming so soon after that of Kosovo has focused attention...
Watching the Watchdogs: Holding the UN Accountable for International Humanitarian Law Violations of the ‘Blue Helmets’, Deakin Law Review (2000)
The political climate is ripe for the United Nations system to successfully and effectively provide...
Watching the Watchdogs: Holding the UN Accountable for International Humanitarian Law Violations of the ‘Blue Helmets’, Deakin Law Review (2000)
The political climate is ripe for the United Nations system to successfully and effectively provide...
Air & Space Law
THE 21ST CENTURY SPACE ARMS RACE: CURTAILING HEAVENLY THUNDERBOLTS THROUGH THE SHIELD OF THE ‘PEACEFUL PURPOSES’ MANTRA (with Steven Freeland) (2009)
Because of its uniquely commanding height, outer space has gained even greater military and strategic...
FROM STAR WARS TO SPACE WARS—THE NEXT STRATEGIC FRONTIER: PARADIGMS TO ANCHOR SPACE SECURITY (with Steven Freeland), Journal of Air & Space Law (2008)
Military blueprints by major space-faring powers now encapsulate concepts of ‘space support’ and ‘force enhancement’...
New Heights of Combat—Yesterday’s Scientific Fantasies, Today’s Technological Possibilities: Weaponisation of Outer Space, ExpressO (2006)
This Article focuses on militarization and weaponization of space. Militarization of space occurred many decades...
The Military Ascent into Space: From Playground to Battleground--The New Uncertain Game in the Heavens, Netherlands International Law Review (2005)
This article seeks to bring to light the various aspects pertaining to the militarization and...
Globalization
The Private Military Firm—Subcontracting Sovereignty: The Commodification of Military Force and the Fragmentation of the State’s Authority, Brown Journal of World Affairs (2006)
This Article has as its central theme the decentralization of the state’s control over legitimate...
After the Party, Is There a Cure for the Hangover? The Challenges of the Global Economy to Westphalian Sovereignty (with Andrew Coleman), Legal Issues in Economic Integration (2006)
Nation-States and their authority referred to here as national sovereignty is under threat from forces...
Contemporary Private Military Firms under International Law: An Unregulated “Gold Rush” (with Benedict Sheehy), Adelaide Law Review (2006)
The Article addresses the legal issues raised by the ascendance of contemporary Private Military Firms....
China-Australia Free Trade Agreement New Icing on an Old Cake-An Opportunity for Fair Trade? (with Benedict Sheehy), Macquarie Journal of Business & Law (2005)
The on-going challenge in economic development and globalization, particularly for developing countries, is the issue...
International Criminal Law
A Giant without Limbs: The International Criminal Court’s State-Centric Cooperation Regime, University of Queesnland Law Journal (2004)
The International Criminal Court is one of the great international institutions in mankind’s history with...
The Final Balance Sheet? The International Criminal Court’s Challenges and Concessions to the Westphalian Model, Flinders Journal of Legal Reform (2004)
This Article examines the organization and operating principles of the International Criminal Court. Many aspects...
The International Criminal Tribunal for Rwanda: A Paper Umbrella in the Rain? Initial Pitfalls and Brighter Prospects, Nordic Journal of International Law (2004)
The tragedy which befell Rwanda in 1994 deserves a special place in the bloodstained pages...
THE FINAL BALANCE SHEET? THE INTERNATIONAL CRIMINAL COURT’S CHALLENGES AND CONCESSIONS TO THE WESTPHALIAN MODEL, Flinders Journal of Legal Reform (2004)
This Article examines the organization and operating principles of the Court. Many aspects of the...
Aggression: Supreme International Offence Still in Search of Definition, Southern Cross University Law Review (2002)
The consequence of the state of lawlessness that permitted States to wage war even on...
PRESIDING OVER THE EX-PRESIDENT: A LOOK AT SUPERIOR RESPONSIBILITY IN THE LIGHT OF THE KOSOVO INDICTMENT, Deakin Law Review (2002)
Individual criminal responsibility, and command responsibility in particular, are important because, to deter human rights...
International Justice in the Shadow of Realpolitik: Re-Visiting the Establishment of the Ad Hoc International Criminal Tribunals, Flinders Journal of Legal Reform (2001)
The International Criminal Tribunals for the Former Yugoslavia and Rwanda establish the beginning of a...
Presiding over the Ex-President: A Look at Superior Responsibility in Light of the Kosovo Indictment , Deakin Law Review (2000)
Individual criminal responsibility, and command responsibility in particular, are important because, to deter human rights...
Use of Force and Private Military Firms
THE PRIVATE MILITARY COMPANY—UNRAVELLING THE THEORETICAL, LEGAL & REGULATORY MOSAIC (with Benedict Sheehy), ILSA Journal of International & Comparative Law (2008)
As an undeclared arm of the state, the PMC is politically expedient having proved to...
SUBCONTRACTING SOVEREIGNTY: THE COMMODIFICATION OF MILITARY FORCE AND THE FRAGMENTATION OF STATE AUTHORITY, Brown Journal of World Affairs (2006)
This Article has as its central theme the decentralization of the state’s control over legitimate...
Gender and the Law
THE PILL—A ROSE RINGED BY A THORN BUSH? PAST AND PRESENT RAMIFICATIONS (with Helena A. Anolak), Australian Journal of Gender & Law (2009)
It is evident from the foregoing paragraph that the pill has been a lightening rod...
Perspectives in Law & Society
CONSTITUTING VANUATU: SOCIETAL, LEGAL AND LOCAL PERSPECTIVES (with Benedict s), Asia Pacific Law Review (2008)
Governance in Vanuatu has been a source of concern for Australia as it forms part...
East Timor’s Tortured March to Statehood: A Tale of Legal Exclusion & the Vagaries of Realpolitik (2007)
In 1976, without effective local opposition, Indonesia absorbed and annexed East Timor as its twenty-seventh...
GAMING FOR “GOOD GOVERNANCE” AND THE DEMOCRATIC IDEAL: FROM UNIVERSALIST RHETORIC TO PACIFIC REALITIES SEEN THROUGH A FIJIAN MICROSCOPE*, Australian International Law Journal (2006)
This Article canvasses the international rubric and dynamic that informs the democracy and good governance...
DEMOCRATIC GOVERNANCE: AN EMERGING CUSTOMARY NORM?, University of Notre Dame Australia Law Review (2003)
Democratic entitlement as a universal human right is a complex and multifaceted issue. The Article...
REVISITING THE BALKAN CRISIS: A UN QUESTION; THE EUROPEAN CONNECTION AND THE US SOLUTION, Jurnal Hukum (2002)
This Article examines the conflict in the former Yugoslavia which gave birth to the International...
No subject area
THE FINAL FRONTIER: THE LAWS OF ARMED CONFLICT AND SPACE WARFARE (with Steven Freeland), Connecticut Journal of International Law (2007)
This article focuses on the application of the current laws of war to the emerging...
TORTURING THE RULE OF LAW: USA AND THE POST 9-11 LEGAL WORLD (with Benedict Sheehy), St John's Journal of Legal Commentary (2007)
The reaction of the USA after the September 11, 2001 attacks, including its invasion of...
CONTEMPORARY PRIVATE MILITARY FIRMS UNDER INTERNATIONAL LAW: AN UNREGULATED “GOLD RUSH” (with Benedict Sheehy), Adelaide Law Review (2006)
Clearly, the issues raised by the ascendance of contemporary PMFs would be suitable for a...