On 9 September 2015, the Australian government notified the UN Security Council (UNSC) that it ha... more On 9 September 2015, the Australian government notified the UN Security Council (UNSC) that it had launched its first air-strikes within Syria against ISIL in support of the collective self-defense of Iraq under Operation Inherent Resolve. Interestingly, whilst key coalition States like the US and Canada had also invoked individual self-defense, there was no specific invocation by Australia in its notification. Instead, Australia relies solely upon collective self-defense and the “unwilling or unable” doctrine (Doctrine) to assert that the use of force by Australia within Syria against ISIL is lawful.
This thesis critically evaluates the current international law (jus ad bellum) relating to the ex... more This thesis critically evaluates the current international law (jus ad bellum) relating to the extra-territorial use of force in self-defence by States against independent armed groups located in the territory of another State. It does so by using the contemporary example of the US led Operation Inherent Resolve against ISIL and the Khorasan Group within Syria. It also includes a normative discussion of the “Unwilling or Unable” doctrine.
The key legal question is whether the international law regarding state responsibility is equippe... more The key legal question is whether the international law regarding state responsibility is equipped to address injury caused to states by anthropogenic climate change. For example, can an injured state claim compensation for the loss of land and property to sea-level rise or extreme weather events? This paper will addresses these issues by discussing: 1. The law of state responsibility; 2. Primary obligations under climate change treaty regimes and customary international law; and 3. Other difficulties in bringing claims such as attribution for wrongful acts of private parties, causation where this is multiple wrongdoers and historic emissions, and withdrawal from treaties by state parties.
CYBER AND INFORMATION OPERATIONS AND THE USE OF FORCE FROM A JUS AD BELLUM PERSPECTIVE IN THE CON... more CYBER AND INFORMATION OPERATIONS AND THE USE OF FORCE FROM A JUS AD BELLUM PERSPECTIVE IN THE CONTEXT OF THE INTERNATIONAL LAW OF MILITARY OPERATIONS.
What are the dividing lines and similarities between the various types of operations conducted un... more What are the dividing lines and similarities between the various types of operations conducted under the UN collective security system? What are the main characteristics and functions of each type? How have Peace Operations developed in recent UN practice and what connotations does this have for the traditional bedrock principles governing UN Peacekeeping?
Whilst fully Automated Weapon Systems (AWS) are not currently available in armed conflicts , ther... more Whilst fully Automated Weapon Systems (AWS) are not currently available in armed conflicts , there has already been a lot of discussion of the legality of AWS and how International Humanitarian Law (IHL) applies to the creation and use of such weapons as a means of waging war. This essay will first discuss the background to AWS setting out the relevant definitions and scope for this paper. It will then assess the relevant principles, treaty and customary law from IHL that would apply to AWS if they were used to achieve military objectives.
On 9 September 2015, the Australian government notified the UN Security Council (UNSC) that it ha... more On 9 September 2015, the Australian government notified the UN Security Council (UNSC) that it had launched its first air-strikes within Syria against ISIL in support of the collective self-defense of Iraq under Operation Inherent Resolve. Interestingly, whilst key coalition States like the US and Canada had also invoked individual self-defense, there was no specific invocation by Australia in its notification. Instead, Australia relies solely upon collective self-defense and the “unwilling or unable” doctrine (Doctrine) to assert that the use of force by Australia within Syria against ISIL is lawful.
This thesis critically evaluates the current international law (jus ad bellum) relating to the ex... more This thesis critically evaluates the current international law (jus ad bellum) relating to the extra-territorial use of force in self-defence by States against independent armed groups located in the territory of another State. It does so by using the contemporary example of the US led Operation Inherent Resolve against ISIL and the Khorasan Group within Syria. It also includes a normative discussion of the “Unwilling or Unable” doctrine.
The key legal question is whether the international law regarding state responsibility is equippe... more The key legal question is whether the international law regarding state responsibility is equipped to address injury caused to states by anthropogenic climate change. For example, can an injured state claim compensation for the loss of land and property to sea-level rise or extreme weather events? This paper will addresses these issues by discussing: 1. The law of state responsibility; 2. Primary obligations under climate change treaty regimes and customary international law; and 3. Other difficulties in bringing claims such as attribution for wrongful acts of private parties, causation where this is multiple wrongdoers and historic emissions, and withdrawal from treaties by state parties.
CYBER AND INFORMATION OPERATIONS AND THE USE OF FORCE FROM A JUS AD BELLUM PERSPECTIVE IN THE CON... more CYBER AND INFORMATION OPERATIONS AND THE USE OF FORCE FROM A JUS AD BELLUM PERSPECTIVE IN THE CONTEXT OF THE INTERNATIONAL LAW OF MILITARY OPERATIONS.
What are the dividing lines and similarities between the various types of operations conducted un... more What are the dividing lines and similarities between the various types of operations conducted under the UN collective security system? What are the main characteristics and functions of each type? How have Peace Operations developed in recent UN practice and what connotations does this have for the traditional bedrock principles governing UN Peacekeeping?
Whilst fully Automated Weapon Systems (AWS) are not currently available in armed conflicts , ther... more Whilst fully Automated Weapon Systems (AWS) are not currently available in armed conflicts , there has already been a lot of discussion of the legality of AWS and how International Humanitarian Law (IHL) applies to the creation and use of such weapons as a means of waging war. This essay will first discuss the background to AWS setting out the relevant definitions and scope for this paper. It will then assess the relevant principles, treaty and customary law from IHL that would apply to AWS if they were used to achieve military objectives.
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1. The law of state responsibility;
2. Primary obligations under climate change treaty regimes and customary international law; and
3. Other difficulties in bringing claims such as attribution for wrongful acts of private parties, causation where this is multiple wrongdoers and historic emissions, and withdrawal from treaties by state parties.
1. The law of state responsibility;
2. Primary obligations under climate change treaty regimes and customary international law; and
3. Other difficulties in bringing claims such as attribution for wrongful acts of private parties, causation where this is multiple wrongdoers and historic emissions, and withdrawal from treaties by state parties.