ORCID Profile
0000-0001-9543-9152
Current Organisations
Macquarie University
,
UNSW Sydney
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International Law (excl. International Trade Law) | Law | Human Rights Law
Publisher: Elsevier BV
Date: 2022
DOI: 10.2139/SSRN.4179044
Publisher: Elsevier BV
Date: 2020
DOI: 10.2139/SSRN.3689093
Publisher: Inderscience Publishers
Date: 2023
Publisher: Elsevier BV
Date: 2023
DOI: 10.2139/SSRN.4420423
Publisher: Brill | Nijhoff
Date: 2015
Publisher: Cambridge University Press (CUP)
Date: 16-01-2018
DOI: 10.1017/S0020589317000562
Abstract: This article compares the law and practice of the European Union and Australia in respect to the search and rescue (SAR) of boat migrants, concluding that the response to in iduals in peril at sea in both jurisdictions is becoming increasingly securitized. This has led to the humanitarian purpose of SAR being compromised in the name of border security. Part I contrasts the unique challenge posed by SAR operations involving migrants and asylum seekers, as opposed to other people in distress at sea. Part II analyses the relevant international legal regime governing SAR activities and its operation among European States and in offshore Australia. Part III introduces the securitization framework as the explanatory paradigm for shifting State practice and its impact in Europe and Australia. It then examines the consequences of increasing securitization of SAR in both jurisdictions and identifies common trends, including an increase in militarization and criminalization, a lack of transparency and accountability, developments relating to disembarkation and non-refoulement , and challenges relating to cooperation and commodification.
Publisher: Cambridge University Press (CUP)
Date: 25-10-2017
DOI: 10.1017/S0020589316000373
Abstract: This article examines the legal transfer of restrictive race-based immigration laws across self-governing settler societies in the United States, Canada, Australia, New Zealand and South Africa in the late nineteenth and early twentieth century. These societies shared the common policy objective of limiting Chinese and other ‘non-white’ immigration. They each also faced informal and formal restrictions on implementing overtly racist immigration policies. This created fertile ground for legal transfers. When an innovation was found that could achieve the policy goal of race-based immigration restriction, without direct reference to race, it quickly spread across all jurisdictions operating in that paradigm. The legal transfer of three mechanisms is examined: (1) landing taxes (2) passenger-per-ship restrictions and (3) literacy tests. The article concludes by drawing parallels with contemporary transfers of restrictive border control policies targeting asylum seekers and irregular migrants more broadly.
Publisher: Informa UK Limited
Date: 28-03-2022
Publisher: Routledge
Date: 30-05-2022
Publisher: Edward Elgar Publishing
Date: 28-09-2018
Publisher: The University of the South Pacific
Date: 2016
DOI: 10.33318/JPACS.2016.36(1)-5
Abstract: Refugees present an immense challenge globally but until recently Pacific Island Countries (PICs) have been relatively sheltered from this phenomenon. However, changes to Australia’s border security and refugee policies in recent years have significant implications for the Pacific because of Australia’s determination to prevent asylum seekers from arriving by boat in Australian territory. This article examines Australia’s so-called ‘Pacific Solution’, which entails the transfer of asylum seekers to c s in Nauru and Papua New Guinea, where they are detained pending determination of their refugee status and ultimate resettlement. The social impacts of Australia’s policies include the heightened tensions that arise from establishing large detention facilities in small island communities, and the social costs of resettling persons who are found to be refugees among poor local populations. Australia’s policies also have other impacts on PICs. Australia’s selective allocation of foreign aid and other funds make PICs vulnerable to pressure from its developed neighbour, and create the danger that Australia’s perceived ‘problem’ with unauthorised boat arrivals is being shifted to acquiescent countries in the Pacific.
Publisher: Cambridge University Press
Date: 09-02-2018
Publisher: Cambridge University Press (CUP)
Date: 17-09-2019
DOI: 10.1017/S0922156519000451
Abstract: This article sets out two case studies to examine the evolving reality of ‘boat migration’ and the intersecting legal frameworks at play. Our analysis takes a systemic integration approach to reflect on the complex dynamics underpinning responses to the phenomenon in Australia and the Central Mediterranean. The regime that governments purport to act under in any given instance reflects the way they choose to frame incidents and possibly exploit legal gaps in, or contested interpretations of, the relevant rules. The ‘closed ports’ strategy adopted by Italy and Malta against the MV Lifeline and the detention-at-sea policy pursued by Australia are investigated from the competing perspectives of what we call the ‘security lens’ and the ‘humanitarian lens’ to demonstrate how a good faith interpretation of the applicable (if apparently conflicting and overlapping) norms can (and should) be mobilized to save lives, and how that goal is unduly undercut when security concerns trump humanitarian interests.
Publisher: Queensland University of Technology
Date: 26-11-2020
DOI: 10.5204/IJCJSD.1691
Abstract: This article explains the way that Australian coroners’ courts often fail Aboriginal and Torres Strait Islander peoples. We discuss the gap between the expectations of families of the deceased and the realities of the process of the coroner’s court. The discussion is illustrated with reference to real-life ex les, drawn from the authors’ experiences representing the families of the deceased.
Publisher: Inderscience Publishers
Date: 2014
Publisher: Oxford University Press (OUP)
Date: 12-2020
DOI: 10.1093/IJRL/EEAB002
Publisher: University of New South Wales Law Journal
Date: 12-2022
DOI: 10.53637/TCNQ8226
Publisher: Elsevier BV
Date: 2020
DOI: 10.2139/SSRN.3746085
Publisher: Informa UK Limited
Date: 2010
Publisher: Oxford University Press (OUP)
Date: 09-2020
DOI: 10.1093/AJCL/AVAA019
Abstract: This Article examines how wealthy democratic states evade and avoid their international obligations towards refugees. The focus is on two strategies. The first is hyper-legalism—an overly formalistic bad-faith approach to interpreting international law. The second is obfuscation, which involves secrecy about what actions the government is taking and deliberate silence as to the purported legal justifications. The discussion is illustrated with ex les from the United States, Australia, and Europe. The Article concludes with a discussion of possible tactics for resisting these strategies and holding governments accountable for their actions.
Publisher: Inderscience Publishers
Date: 2022
Publisher: Oxford University Press (OUP)
Date: 30-06-2023
DOI: 10.1093/JRS/FEAD039
Abstract: In this article, we argue that building a stronger empirical understanding of the politics of domestic refugee law and policy making is essential for refugee law scholars to better advocate for protection-orientated reforms. While much of the legal scholarship is aimed at promoting policy change, the best way to achieve this goal has rarely been examined. We identify three key areas of interdisciplinary empirical research that can create a stronger evidence-base for improving domestic policy reform efforts. This includes understanding the institutions and actors involved in policy formulation, measuring the impact of refugee laws and policies in practice, and identifying how to influence public opinion and build support for progressive law and policy change. We showcase existing interdisciplinary research in each of these areas, and highlight topics ripe for further empirical inquiry.
Publisher: Springer International Publishing
Date: 2022
Publisher: Routledge
Date: 23-03-2016
Start Date: 06-2022
End Date: 06-2025
Amount: $444,851.00
Funder: Australian Research Council
View Funded Activity