130 results
Termitaria enhance soil and forest diversity in Deciduous Dipterocarp Forest, Northern Thailand
- Manop Kaewfoo, Sarayudh Bunyavejchewin, Dokrak Marod, Decha Wiwatwittaya, Ian C. Baillie, Stuart J. Davies, Stephen H. Hallett
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- Journal:
- Journal of Tropical Ecology / Volume 40 / 2024
- Published online by Cambridge University Press:
- 16 April 2024, e5
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We characterised the soils and vegetation in 15 sets of four quadrats on and around mounds of Macrotermes annandalei (Isoptera, Macrotermitinae) on a plain of deep dystric clay over limestone in Deciduous Dipterocarp Forest in Northern Thailand. Termites have excavated the mounds from the deep calcareous substrate. The mound soils have darker subsoils, larger contents of clays and exchangeable cations, and higher pH values than the surrounding dystric clay loams. The thickets on the mounds are visually different from the surrounding Deciduous Dipterocarp Forest. They have few dipterocarps and are floristically similar to the regionally important Mixed Deciduous Forest. The clear visual differences are confirmed by floristic similarity, cluster, and canonical correspondence analyses for each of the tree, sapling and seedling size classes. The differences between the mound clays and surrounding red clay loams and the associations between soil and forest types are confirmed by ‘t tests’ and the significant correlations of the soil base status with the main floristic axis of the canonical correspondence analyses. Soil variability due to termites and other agents of pedoturbation can significantly contribute to short-range floristic and structural diversity in some dry tropical forests.
Effects of ventilation on the indoor spread of COVID-19
- Rajesh K. Bhagat, M. S. Davies Wykes, Stuart B. Dalziel, P. F. Linden
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- Journal of Fluid Mechanics / Volume 903 / 25 November 2020
- Published online by Cambridge University Press:
- 28 September 2020, F1
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Although the relative importance of airborne transmission of the SARS-CoV-2 virus is controversial, increasing evidence suggests that understanding airflows is important for estimation of the risk of contracting COVID-19. The data available so far indicate that indoor transmission of the virus far outstrips outdoor transmission, possibly due to longer exposure times and the decreased turbulence levels (and therefore dispersion) found indoors. In this paper we discuss the role of building ventilation on the possible pathways of airborne particles and examine the fluid mechanics of the processes involved.
Cosmology with Phase 1 of the Square Kilometre Array Red Book 2018: Technical specifications and performance forecasts
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- Square Kilometre Array Cosmology Science Working Group:, David J. Bacon, Richard A. Battye, Philip Bull, Stefano Camera, Pedro G. Ferreira, Ian Harrison, David Parkinson, Alkistis Pourtsidou, Mário G. Santos, Laura Wolz, Filipe Abdalla, Yashar Akrami, David Alonso, Sambatra Andrianomena, Mario Ballardini, José Luis Bernal, Daniele Bertacca, Carlos A. P. Bengaly, Anna Bonaldi, Camille Bonvin, Michael L. Brown, Emma Chapman, Song Chen, Xuelei Chen, Steven Cunnington, Tamara M. Davis, Clive Dickinson, José Fonseca, Keith Grainge, Stuart Harper, Matt J. Jarvis, Roy Maartens, Natasha Maddox, Hamsa Padmanabhan, Jonathan R. Pritchard, Alvise Raccanelli, Marzia Rivi, Sambit Roychowdhury, Martin Sahlén, Dominik J. Schwarz, Thilo M. Siewert, Matteo Viel, Francisco Villaescusa-Navarro, Yidong Xu, Daisuke Yamauchi, Joe Zuntz
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- Publications of the Astronomical Society of Australia / Volume 37 / 2020
- Published online by Cambridge University Press:
- 06 March 2020, e007
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We present a detailed overview of the cosmological surveys that we aim to carry out with Phase 1 of the Square Kilometre Array (SKA1) and the science that they will enable. We highlight three main surveys: a medium-deep continuum weak lensing and low-redshift spectroscopic HI galaxy survey over 5 000 deg2; a wide and deep continuum galaxy and HI intensity mapping (IM) survey over 20 000 deg2 from $z = 0.35$ to 3; and a deep, high-redshift HI IM survey over 100 deg2 from $z = 3$ to 6. Taken together, these surveys will achieve an array of important scientific goals: measuring the equation of state of dark energy out to $z \sim 3$ with percent-level precision measurements of the cosmic expansion rate; constraining possible deviations from General Relativity on cosmological scales by measuring the growth rate of structure through multiple independent methods; mapping the structure of the Universe on the largest accessible scales, thus constraining fundamental properties such as isotropy, homogeneity, and non-Gaussianity; and measuring the HI density and bias out to $z = 6$ . These surveys will also provide highly complementary clustering and weak lensing measurements that have independent systematic uncertainties to those of optical and near-infrared (NIR) surveys like Euclid, LSST, and WFIRST leading to a multitude of synergies that can improve constraints significantly beyond what optical or radio surveys can achieve on their own. This document, the 2018 Red Book, provides reference technical specifications, cosmological parameter forecasts, and an overview of relevant systematic effects for the three key surveys and will be regularly updated by the Cosmology Science Working Group in the run up to start of operations and the Key Science Programme of SKA1.
Efficiency, information theory, and neural representations
- Joseph T. Devlin, Matt H. Davis, Stuart A. McLelland, Richard P. Russell
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- Behavioral and Brain Sciences / Volume 23 / Issue 4 / August 2000
- Published online by Cambridge University Press:
- 30 August 2019, pp. 475-476
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We contend that if efficiency and reliability are important factors in neural information processing then distributed, not localist, representations are “evolution's best bet.” We note that distributed codes are the most efficient method for representing information, and that this efficiency minimizes metabolic costs, providing adaptive advantage to an organism.
Chapter 2 - The Intertidal Zone of the North-East Atlantic Region
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- By Stephen J. Hawkins, Kathryn E. Pack, Louise B. Firth, Nova Mieszkowska, Ally J. Evans, Gustavo M. Martins, Per Åberg, Leoni C. Adams, Francisco Arenas, Diana M. Boaventura, Katrin Bohn, C. Debora G. Borges, João J. Castro, Ross A. Coleman, Tasman P. Crowe, Teresa Cruz, Mark S. Davies, Graham Epstein, João Faria, João G. Ferreira, Natalie J. Frost, John N. Griffin, ME Hanley, Roger J. H. Herbert, Kieran Hyder, Mark P. Johnson, Fernando P. Lima, Patricia Masterson-Algar, Pippa J. Moore, Paula S. Moschella, Gillian M. Notman, Federica G. Pannacciulli, Pedro A. Ribeiro, Antonio M. Santos, Ana C. F. Silva, Martin W. Skov, Heather Sugden, Maria Vale, Kringpaka Wangkulangkul, Edward J. G. Wort, Richard C. Thompson, Richard G. Hartnoll, Michael T. Burrows, Stuart R. Jenkins
- Edited by Stephen J. Hawkins, Marine Biological Association of the United Kingdom, Plymouth, Katrin Bohn, Louise B. Firth, University of Plymouth, Gray A. Williams, The University of Hong Kong
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- Interactions in the Marine Benthos
- Published online:
- 07 September 2019
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- 29 August 2019, pp 7-46
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Summary
The rocky shores of the north-east Atlantic have been long studied. Our focus is from Gibraltar to Norway plus the Azores and Iceland. Phylogeographic processes shape biogeographic patterns of biodiversity. Long-term and broadscale studies have shown the responses of biota to past climate fluctuations and more recent anthropogenic climate change. Inter- and intra-specific species interactions along sharp local environmental gradients shape distributions and community structure and hence ecosystem functioning. Shifts in domination by fucoids in shelter to barnacles/mussels in exposure are mediated by grazing by patellid limpets. Further south fucoids become increasingly rare, with species disappearing or restricted to estuarine refuges, caused by greater desiccation and grazing pressure. Mesoscale processes influence bottom-up nutrient forcing and larval supply, hence affecting species abundance and distribution, and can be proximate factors setting range edges (e.g., the English Channel, the Iberian Peninsula). Impacts of invasive non-native species are reviewed. Knowledge gaps such as the work on rockpools and host–parasite dynamics are also outlined.
Diagnostic accuracy of eFAST in the trauma patient: a systematic review and meta-analysis
- Stuart Netherton, Velimir Milenkovic, Mark Taylor, Philip J. Davis
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- Journal:
- Canadian Journal of Emergency Medicine / Volume 21 / Issue 6 / November 2019
- Published online by Cambridge University Press:
- 18 July 2019, pp. 727-738
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- November 2019
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Objectives
Performing an extended Focused Assessment with Sonography in Trauma (eFAST) exam is common practice in the initial assessment of trauma patients. The objective of this study was to systematically review the published literature on diagnostic accuracy of all components of the eFAST exam.
MethodsWe searched Medline and Embase from inception through October 2018, for diagnostic studies examining the sensitivity and specificity of the eFAST exam. After removal of duplicates, 767 records remained for screening, of which 119 underwent full text review. Meta-DiSc™ software was used to create pooled sensitivities and specificities for included studies. Study quality was assessed using the Quality in Prognostic Studies (QUADAS-2) tool.
ResultsSeventy-five studies representing 24,350 patients satisfied our selection criteria. Studies were published between 1989 and 2017. Pooled sensitivities and specificities were calculated for the detection of pneumothorax (69% and 99% respectively), pericardial effusion (91% and 94% respectively), and intra-abdominal free fluid (74% and 98% respectively). Sub-group analysis was completed for detection of intra-abdominal free fluid in hypotensive (sensitivity 74% and specificity 95%), adult normotensive (sensitivity 76% and specificity 98%) and pediatric patients (sensitivity 71% and specificity 95%).
ConclusionsOur systematic review and meta-analysis suggests that e-FAST is a useful bedside tool for ruling in pneumothorax, pericardial effusion, and intra-abdominal free fluid in the trauma setting. Its usefulness as a rule-out tool is not supported by these results.
Characterization of a novel glycosylated glutathione transferase of Onchocerca ochengi, closest relative of the human river blindness parasite
- Clair Rose, Giorgio Praulins, Stuart D. Armstrong, Aitor Casas-Sanchez, Jem Davis, Gemma Molyneux, Cristina Yunta, Zenaida Stead, Mark Prescott, Samirah Perally, Anne Rutter, Benjamin L. Makepeace, E. James La Course, Alvaro Acosta-Serrano
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- Journal:
- Parasitology / Volume 146 / Issue 14 / December 2019
- Published online by Cambridge University Press:
- 03 July 2019, pp. 1773-1784
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Filarial nematodes possess glutathione transferases (GSTs), ubiquitous enzymes with the potential to detoxify xenobiotic and endogenous substrates, and modulate the host immune system, which may aid worm infection establishment, maintenance and survival in the host. Here we have identified and characterized a σ class glycosylated GST (OoGST1), from the cattle-infective filarial nematode Onchocerca ochengi, which is homologous (99% amino acid identity) with an immunodominant GST and potential vaccine candidate from the human parasite, O. volvulus, (OvGST1b). Onchocerca ochengi native GSTs were purified using a two-step affinity chromatography approach, resolved by 2D and 1D SDS-PAGE and subjected to enzymic deglycosylation revealing the existence of at least four glycoforms. A combination of lectin-blotting and mass spectrometry (MS) analyses of the released N-glycans indicated that OoGST1 contained mainly oligomannose Man5GlcNAc2 structure, but also hybrid- and larger oligommanose-type glycans in a lower proportion. Furthermore, purified OoGST1 showed prostaglandin synthase activity as confirmed by Liquid Chromatography (LC)/MS following a coupled-enzyme assay. This is only the second reported and characterized glycosylated GST and our study highlights its potential role in host-parasite interactions and use in the study of human onchocerciasis.
Natural disturbance and soils drive diversity and dynamics of seasonal dipterocarp forest in Southern Thailand
- Sarayudh Bunyavejchewin, Aroon Sinbumroong, Benjamin L. Turner, Stuart J. Davies
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- Journal:
- Journal of Tropical Ecology / Volume 35 / Issue 3 / May 2019
- Published online by Cambridge University Press:
- 06 May 2019, pp. 95-107
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In 2000, we established a 24-ha plot in Peninsular Thailand to investigate how forest composition, structure and dynamics vary with spatial heterogeneity in resource availability. Detailed soil and topographic surveys were used to describe four edaphic habitats in the plot. Disturbance history was inferred from historical records and floristic analysis. The plot included >119 000 trees ≥1 cm dbh in 578 species, and was recensused in 2010. Species distributions, floristic turnover, stand structure, demographic rates and biomass dynamics were strongly influenced by heterogeneity in soils, topography and disturbance history. Over 75% of species were aggregated on specific edaphic habitats leading to strong compositional turnover across the plot. Soil chemistry more strongly affected species turnover than topography. Forest with high biomass and slow dynamics occurred on well-drained, low fertility ridges. The distribution and size structure of pioneer species reflected habitat-specific differences in disturbance history. Overall, above-ground biomass (AGB) increased by 0.64 Mg ha−1 y−1, from 385 to 392 Mg ha−1, an increase that was entirely attributable to recovery after natural disturbance. Forest composition and stand structure, by reflecting local disturbance history, provide insights into the likely drivers of AGB change in forests. Predicting future changes in tropical forests requires improved understanding of how soils and disturbance regulate forest dynamics.
11 - International environmental law
- Donald R Rothwell, Australian National University, Canberra, Stuart Kaye, University of Wollongong, New South Wales, Afshin Akhtar-Khavari, Queensland University of Technology, Ruth Davis, University of Wollongong, New South Wales, Imogen Saunders, Australian National University, Canberra
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- International Law
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- 12 April 2019
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- 19 June 2018, pp 574-622
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Summary
Introduction: trends in international law-making for the environment
International environmental law provides a useful example of a rapidly developing field of international law, and demonstrates some of the difficulties involved in resolving modern global problems within the traditional legal framework.
International environmental law is a relatively recent development. The environment did not feature in the Charter of the United Nations (UN Charter) and none of the constituent bodies of the United Nations (UN) was expressly given an environmental mandate. Since the 1960s, however, we can trace a steady growth in international law concerned with environmental problems. This growth of law at the international level is mirrored by Australia's domestic environmental law experience. Both reflect the growing public awareness of environmental issues and the demand for a legal response.
Various trends in the development of international environmental law may be recognised. Historically, this area of law developed as a reaction to particular instances of harm, resulting in international agreements that deal with a single issue: for example, prevention of one type of pollution or protection of a particular species of wildlife. As truly global problems became apparent – for example, depletion of the ozone layer, and global warming – the response of the international community has been to develop agreements that are broader and more strategic in their approach.
The principle of territorial sovereignty, which holds that nations have the right to use their own territory and resources as they please, presents a particular challenge for international laws seeking to protect the environment. Full support for traditional notions of sovereignty cannot be maintained if global environmental issues are to be effectively dealt with. This tension is clearly reflected in the debates, both national and international, over appropriate responses to issues such as climate change.
International environmental law has responded to this challenge by developing new principles to guide decision-making and resolve disputes, including the precautionary principle, intergenerational equity, common but differentiated responsibility, and the common concern of humankind. New methods of law-making have emerged, in particular the use of ‘soft law’ for the development of environmental law. There is a growing use of ‘guiding principles’ and economic incentives, rather than strict legal ‘rules’, to encourage changes in behaviour.
International environmental law must address the different viewpoints of developing and developed nations.
7 - Jurisdiction
- Donald R Rothwell, Australian National University, Canberra, Stuart Kaye, University of Wollongong, New South Wales, Afshin Akhtar-Khavari, Queensland University of Technology, Ruth Davis, University of Wollongong, New South Wales, Imogen Saunders, Australian National University, Canberra
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- International Law
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- 12 April 2019
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- 19 June 2018, pp 320-389
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Summary
Introduction
Jurisdiction refers to the ability of a State to make and enforce its laws. While often related to sovereignty, and intrinsically linked to its territory, jurisdiction can exist without a connection to territory. Jurisdiction can be held to exist in a variety of contexts, depending on the location of events, the nationality of participants or the surrounding circumstances, and will also indicate whether a State may be able to undertake enforcement action to uphold its law. This chapter considers the nature of jurisdiction insofar as it affects persons, corporations, ships and aircraft. The different types of recognised international law jurisdiction are each assessed, including territorial jurisdiction, nationality jurisdiction, universal jurisdiction, the protective principle, and passive personality jurisdiction. Jurisdictional immunities as they apply to States, Heads of States, State officials and diplomats are also considered.
Types of jurisdiction
All types of jurisdiction may be divided into two basic types: prescriptive jurisdiction and enforcement jurisdiction. Prescriptive jurisdiction is the power to regulate an activity, and to prescribe certain behaviour. That is to say, prescriptive jurisdiction is the ability to make laws that can validly purport to regulate people and situations, regardless of their location. Enforcement jurisdiction is the ability of a State to validly enforce its law, through the exercise of executive and judicial power. That is, it is the legal validity of a State to arrest, try, convict and gaol an individual for a breach of its laws.
Jurisdiction can be further broken down into categories, based on territory, nationality, the nature of the act in issue, and possibly even the nationality of the victim. Each of the different categories is explored specifically below, but each raises issues of prescriptive and enforcement jurisdiction. In considering any of the circumstances that have given rise to national jurisdiction, there also needs to be consideration of whether the State exercises merely prescriptive or also enforcement jurisdiction.
The Case of the SS ‘Lotus’ (often known as the Lotus Case) is a very famous decision of the Permanent Court of International Justice (PCIJ) that has been the subject of much ongoing debate. In the extract that follows, Judge Moore considers some broad issues relating to jurisdiction and international law.
13 - Use of force
- Donald R Rothwell, Australian National University, Canberra, Stuart Kaye, University of Wollongong, New South Wales, Afshin Akhtar-Khavari, Queensland University of Technology, Ruth Davis, University of Wollongong, New South Wales, Imogen Saunders, Australian National University, Canberra
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- International Law
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- 12 April 2019
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- 19 June 2018, pp 677-728
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Summary
Introduction
The 20th century witnessed two great global wars that are commonly referred to as World War I (1914–18) and World War II (1939–45). The combined military and civilian casualties of these two wars exceeded 60 million people, with a resulting devastating impact upon Europe and parts of Africa and Asia. These events were the catalyst for the modern constraints on the use of force. Until the beginning of the 20th century, international law made little effort to regulate the resort to war. Many international legal scholars of that era conceded that war was a normal part of the conduct of international relations and that international law had little role to play in the decisions made by States to go to war. Two major developments changed legal thinking on these matters. First, the 1899 and 1907 Hague Peace Conferences reached agreement on 16 Conventions and accompanying Declarations, which placed limitations on how belligerent States conducted themselves during hostilities, including the weapons they could use. These Conventions and Declarations, often referred to as ‘Hague law’, were a key component in the early development of the modern law of armed conflict. Second, the creation of the League of Nations following the conclusion of World War I placed constraints on the resort to the use of force. The Covenant of the League of Nations, found within the 1919 Treaty of Versailles, sought in art 11 to make ‘any war or threat of war’ a matter of common concern to the members of the League. This development was soon followed by the 1928 General Treaty for the Renunciation of War as an Instrument of National Policy (Kellogg–Briand Pact), which clearly provided for the renunciation of the resort to the use of force. Article 1 provided:
The High Contracting Parties solemnly declare in the names of their respective peoples that they condemn recourse to war for the solution of international controversies, and renounce it as an instrument of national policy in their relations with one another.
While ultimately these developments in international law proved unable to prevent the outbreak of World War II, they did provide the foundation for key provisions of the Charter of the United Nations (UN Charter), of which art 2(4) is one of the most significant.
Table of cases
- Donald R Rothwell, Australian National University, Canberra, Stuart Kaye, University of Wollongong, New South Wales, Afshin Akhtar-Khavari, Queensland University of Technology, Ruth Davis, University of Wollongong, New South Wales, Imogen Saunders, Australian National University, Canberra
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- International Law
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- 12 April 2019
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- 19 June 2018, pp xix-xxvii
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1 - The nature of international law
- Donald R Rothwell, Australian National University, Canberra, Stuart Kaye, University of Wollongong, New South Wales, Afshin Akhtar-Khavari, Queensland University of Technology, Ruth Davis, University of Wollongong, New South Wales, Imogen Saunders, Australian National University, Canberra
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- International Law
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- 12 April 2019
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- 19 June 2018, pp 1-44
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Summary
Introduction
What would the world be like without international law? We cannot really answer this question but we do know that the world relies on this body of law to deal with important and difficult issues. International law helps develop our aspirations for the international community and facilitates problem solving around such issues as terrorism, the increasing spread of diseases, and the need to reduce carbon emissions and mitigate against the effects of climate change. It contributes to creating order in the world and also to the deployment of political ambitions, which in turn can sometimes create additional problems for the international community, such as States claiming new territory or resources that are disputed. Importantly, it also enables a world without a central government to generate solutions for emerging and complex issues and problems, such as cyber-security and warfare.
Not all international issues and problems are, however, easily identifiable as being within the purview of international law. An example of a complex international issue is the rise of globally significant cyber-attacks that do not appear to be State-sponsored or have State institutions as their main targets. However, given the significance of such attacks to the international community, many have assumed that international law and its institutions would have a central role in dealing with them. International law and its institutions, however, have limited powers and State institutions usually have to coordinate enforcement activities against foreign hackers. Domestic problems or issues, on the other hand, sometimes raise significant international law issues despite appearing as relevant only to the State concerned. For example, increasing taxes in Australia on domestically consumed movies, rather than on the income of nationally registered companies, acts as an import tariff on corporations that do not have Australian operations. Whether Australia can impose taxes on domestic consumption of goods and services has to be assessed in terms of implications for its international trade obligations. International law can, therefore, address and deal with very specific local issues and problems.
International law is commonly defined as the rules governing the legal relationship between States. International law provides a framework for understanding what rights and duties States have in relation to each other, and other international actors such as the United Nations (UN).
Contents
- Donald R Rothwell, Australian National University, Canberra, Stuart Kaye, University of Wollongong, New South Wales, Afshin Akhtar-Khavari, Queensland University of Technology, Ruth Davis, University of Wollongong, New South Wales, Imogen Saunders, Australian National University, Canberra
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- International Law
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- 12 April 2019
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- 19 June 2018, pp v-xii
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About the authors
- Donald R Rothwell, Australian National University, Canberra, Stuart Kaye, University of Wollongong, New South Wales, Afshin Akhtar-Khavari, Queensland University of Technology, Ruth Davis, University of Wollongong, New South Wales, Imogen Saunders, Australian National University, Canberra
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- International Law
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- 12 April 2019
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- 19 June 2018, pp xv-xv
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Table of statutes
- Donald R Rothwell, Australian National University, Canberra, Stuart Kaye, University of Wollongong, New South Wales, Afshin Akhtar-Khavari, Queensland University of Technology, Ruth Davis, University of Wollongong, New South Wales, Imogen Saunders, Australian National University, Canberra
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- International Law
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- 12 April 2019
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- 19 June 2018, pp xxviii-xxx
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Acknowledgements
- Donald R Rothwell, Australian National University, Canberra, Stuart Kaye, University of Wollongong, New South Wales, Afshin Akhtar-Khavari, Queensland University of Technology, Ruth Davis, University of Wollongong, New South Wales, Imogen Saunders, Australian National University, Canberra
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- International Law
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- 12 April 2019
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- 19 June 2018, pp xvi-xviii
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14 - Enforcement of international law
- Donald R Rothwell, Australian National University, Canberra, Stuart Kaye, University of Wollongong, New South Wales, Afshin Akhtar-Khavari, Queensland University of Technology, Ruth Davis, University of Wollongong, New South Wales, Imogen Saunders, Australian National University, Canberra
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- International Law
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- 12 April 2019
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- 19 June 2018, pp 729-758
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Summary
Introduction
One of the challenges of the international legal system is that of enforcement. While the municipal legal system has developed mechanisms for law enforcement, including the police forces, the courts and prison systems, there is no equivalent in international law. That international law does not possess the same enforcement mechanisms as exist in municipal law is highlighted as a major point of distinction between the two legal systems. It is often said that in the absence of an ‘international policeman’ it is not possible to effectively enforce international law.
Enforcement mechanisms that have been developed since the creation of the United Nations (UN) in 1945 have transformed the international legal system from the one that pre-dated the outbreak of World War II. Principal among these has been the establishment of the International Court of Justice (ICJ) as the judicial organ of the UN – it has the capacity to resolve international legal disputes and deliver judgments that are binding upon those parties to the case, and that may ultimately be subject to Security Council recommendations if a party ‘fails to perform the obligations incumbent upon it’. In addition, the Security Council has significant powers under Chapter VII of the UN Charter to seek to ‘maintain and restore international peace and security’ and as part of that mandate the Council regularly adopts resolutions that are binding upon member States of the organisation and enforceable by way of various mechanisms, including economic sanctions. However, the capacity of the Security Council to sometimes act decisively in these matters has historically been hampered by the use of the veto by one of the Permanent Members (China, France, Russian Federation, United Kingdom, United States of America). This was particularly an issue during the Cold War, and while the veto is now not used as frequently it can have an impact on how the Security Council can respond to an international crisis involving violations of international law, as occurred with the Council's response to the events in Syria from 2011 onwards.
In addition to the UN Charter, since 1945 multilateral treaties have developed increasingly sophisticated mechanisms for enforcement.
8 - State responsibility
- Donald R Rothwell, Australian National University, Canberra, Stuart Kaye, University of Wollongong, New South Wales, Afshin Akhtar-Khavari, Queensland University of Technology, Ruth Davis, University of Wollongong, New South Wales, Imogen Saunders, Australian National University, Canberra
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- International Law
- Published online:
- 12 April 2019
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- 19 June 2018, pp 390-452
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Summary
Introduction
States as international legal actors enjoy international legal personality, which includes the right to seek redress for an international wrong and also to be held accountable for an internationally wrongful act. Clearly a State can only commit an internationally wrongful act in international law through individuals or entities acting on its behalf, or through being responsible for such conduct. Two elements are therefore essential for invoking State responsibility:
(a)The existence of an international legal obligation between States. This obligation may originate from treaty, customary international law, general principles of law, or any other recognised source of international law.
(b)That the conduct of a State, including persons and entities for which the State is responsible, has resulted in an internationally wrongful act that has caused loss or damage to another State.
The consequences that follow a finding of State responsibility for an internationally wrongful act are significant and fundamental to international law. As observed by the Permanent Court of International Justice (PCIJ) in the Chorzów Factory Case: ‘it is a principle of international law, and even a general conception of law, that any breach of an engagement involves an obligation to make reparation’.
The content of the international law rules on State responsibility gradually evolved throughout the 20th century. In 1969 the International Law Commission (ILC) began working on the topic of State responsibility, during which time ‘Draft Articles’ were prepared in the expectation that a Convention would eventually be negotiated. The ILC's work proceeded through a number of drafts, a name change, and significant debate within both the ILC and the international legal community on the legal rules that were proposed. Eventually on 9 August 2001 the ILC adopted the Articles on Responsibility of States for Internationally Wrongful Acts. While often referred to as the ‘Draft Articles’, reflecting the lengthy process of ILC deliberation over various drafts across nearly three decades, following the noting of the ILC's work by the UN General Assembly in December 2001 the term ‘Draft Articles’ is no longer widely used. Nevertheless, the Articles on Responsibility of States for Internationally Wrongful Acts (ILC Articles), while having the appearance of a treaty, are unlikely to ever become fully endorsed as part of a convention on State responsibility primarily due to a lack of impetus for such a development among States.
Preface
- Donald R Rothwell, Australian National University, Canberra, Stuart Kaye, University of Wollongong, New South Wales, Afshin Akhtar-Khavari, Queensland University of Technology, Ruth Davis, University of Wollongong, New South Wales, Imogen Saunders, Australian National University, Canberra
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- International Law
- Published online:
- 12 April 2019
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- 19 June 2018, pp xiii-xiv
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Summary
Since the second edition of this book was published in 2014 there have been continual developments in international law through State practice, new treaties and an expanding international jurisprudence developed by a growing array of international courts and tribunals. For example, in 2016 an international tribunal handed down a much anticipated Award in the South China Sea Case between the Philippines and China, which provided clarity to certain aspects of the law of the sea, and to some dimensions of the law relating to international dispute resolution. Likewise, in 2018 a Conciliation Commission will deliver a report arising from a dispute between Australia and Timor-Leste over a maritime boundary in the Timor Sea. In 2015 the international community was finally able to achieve consensus on a successor to the Kyoto Protocol to the United Nations Framework Convention on Climate Change in the form of the 2015 Paris Agreement. Throughout 2017 the United Nations Security Council was also responding to the threats posed to international peace and security by North Korea's nuclear program and new Resolutions were adopted to ensure the maintenance of international peace and security. These developments have resulted in a continual thickening of international law, with the consequence that some gaps in the law have been covered, understanding of the law has been enhanced, and adjudication and enforcement of international law have added to a better appreciation and understanding of its capacity.
This third edition takes stock of some of these and other important recent developments in international law. Challenges such as climate change, crimes against humanity, human rights abuses, nuclear proliferation, resource management, self-determination of peoples, and transnational crimes such as people smuggling are considered. These challenges have caused States, international organisations and the international community more generally to reconsider some of the foundational concepts and principles of international law, and whether new approaches to these and other emerging challenges to the international order are required.
This work seeks to assess these issues from a traditional international lawyer's perspective, but also one that considers appropriate Australian State practice. While international law is a truly global discipline, we believe there is much to be gained from examining, where appropriate, Australian viewpoints and practice in international law and that tradition has been continued in this edition.