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976984

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International law

Research report

19 Oct 2017

On September 1, the Permanent Court of Arbitration in The Hague (as a registry for a conciliation commission established under UN the Convention on Law of the Sea or UNCLOS) announced that Timor-Leste and Australia have agreed on the central elements of a maritime boundary delimitation in the...

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Research report

18 Aug 2017

This paper discusses Australia’s position on the 2016 arbitral ruling in the South China Sea Arbitration (The Republic of the Philippines v The People’s Republic of China). Australia’s Foreign Minister has stated that this was an important test-case for how the East Asian region can...

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Research report

30 Jun 2017

The two-decade period of United States post-Cold War predominance is now over, and an era of greater multipolarity has begun. Many fear that the rise of China and a resurgent Russia will bring marked decline in respect for rules and international law. Western policymakers are responding by...

Research report

30 Jun 2017

The West is in deep trouble. As a geopolitical entity, a model of economic success, a cultural and moral ideal, and as a superior form of governance the West seems to have lost its way. The leadership of the free world by the United States is now fraught with uncertainty. In America, and much of...

Briefing paper

30 Jun 2017

The South China Sea fishery is being depleted at an unsustainable rate and in a destructive manner.

Key points:

  • Twelve per cent of the global fish catch comes from the South China Sea, but that fishery is headed for collapse.
  • This will have important
  • ...

Journal

14 Feb 2017

Editorial:

Whereas the November 2016 issue of Policy Quarterly focused on local government, this issue takes a global perspective. In particular, it explores the major challenges facing humanity in the 21st century, and it does so through the lens of ‘global studies’. The...

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Journal article

14 Feb 2017

Life came from the ocean. Without the ocean, life on Earth is not possible. The ocean produces and regulates much of the planet’s oxygen and water, provides substantial amounts of its nutrient and carbon cycling and supports most of its biological diversity. Fish feed over 3 billion humans,...

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Research report

31 Aug 2016

In this Lowy Institute Analysis, Nonresident Fellow in the Migration and Border Policy Project Dr Khalid Koser argues that the international protection regime is failing and Australia has a responsibility to help fix it. Koser defines how promoting reform, at the domestic, regional and global...

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Journal

26 Aug 2016

The Philippines had a major, if unenforceable, win against China in the 12 July South China Sea Arbitration under the United Nations Convention on the Law of the Sea. But the implications go beyond the bilateral dispute between China and the Philippines and it carries great legal weight as an...

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Journal article

10 Aug 2016

Abstract

The current conflicts in Syria and Iraq have for the first time in many years brought to public consciousness the issue of war criminals in Australia. Australia has historically dealt with this issue in a reactive fashion and with varying success, through the...

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Audio interview

Audio program

14 Jul 2016

Andrew Davies, director of the defence and strategy program with the Australian Strategic Policy Institute, says that China has 'overplayed its hand badly' in its escalation of the South China Sea dispute. He argues that China will find it difficult to back down, given the narrative that the...

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Audio interview

Audio program

13 Jul 2016

The Permanent Court of Arbitration rules that China had no right to build artificial islands in the South China Sea, a ruling that has resounding significance in international law. Though China refuses to abide by the ruling, Australian Foreign Minister, Julie Bishop, suggests that China's...

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Blog post

13 Jul 2016

Overnight, the arbitral tribunal convened under Part XV of the United Nations Law of the Sea Convention (UNCLOS) found that China’s claimed historic rights in the South China Sea, enshrined in its nine-dash line map, were extinguished when it signed the Convention.

China has stated...

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Essay

18 Apr 2016

Gareth Evans examines how non-state actors are increasingly of more importance in the prevention and resolution of crisis and conflict.

Introduction

The global issues with which policymakers the world over are now grappling cover a formidably broad canvas of...

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Research report

13 Apr 2016

Executive summary 

Investor-State Dispute Settlement (ISDS) is a legal provision in international agreements that enables foreign investors to take host states to an arbitral tribunal for alleged treaty breaches.

• The goal of investor-state arbitration is to...

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Submission

07 Oct 2015

Overview

In August, the Special Rapporteur on the rights of person with disabilities released a Questionnaire focused on “the right of persons with disabilities to participation in decision-making” – that is, decision making at a legislative, policy or organisational...

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Commentary

Article

01 Oct 2015

With a third of New Zealand’s two-year United Nations Security Council stint already complete, it’s timely to determine whether a distinct and consistent New Zealand view has been emerging on the Council.

Undertaking this assessment means getting through a veritable pile of statements ...

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Journal article

16 Sep 2015

In the course of the Timor Sea maritime boundary quarrel, the recent declarations made by the main Australian opposition party in support of East Timorese territorial claims have the serious potential of irreversibly upsetting the territorial status quo, with adverse consequences for both East...

Submission

27 Jul 2015

Advocacy for Inclusion welcomed the review of ACT Guardianship arrangements for adult people with disabilities- as it has long been advocating for major changes to both the laws of guardianship and how it works in practice. (See our past policy work on Decision Making). The current legislation...

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Research report

19 Dec 2014

This paper explores the opportunities for both Australia and Japan jointly to promote their shared interest in strengthening the rule of law in the Asia–Pacific.

Overview

The rule of law is an essential condition if cooperation and orderly behaviour are to be...

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