Is disarmament possible?

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Questions on disarmament and your job

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National Anti-Competitive Legislation and Community Law

This article examines multiple cases from the Court of Justice of the European Communities regarding national anti-competitive legislation and the need for the Court to gradually lay down rules of law

Stepping Stone or Stumbling Block: Incrementalism and National Climate Change Legislation

This Article examines the effects of incremental domestic legislation on international negotiations to limit greenhouse gas emissions. Mitigating the effects of climate change is a global public good, which, ultimately, only an international agreement can provide. The common presumption (justified or not) is that national legislation is a step forward to an international agreement. This Article analyzes how national legislation can create a demand for international action but can also preempt or frustrate international efforts. The crucial issue, which has been largely ignored thus far, is how incremental steps at the domestic level alter international negotiations. This paper identifies four mechanisms that support the intuitive idea that national legislation will have positive effects: (1) allocating economic resources, (2) providing leadership in international negotiations, (3) creating a demand for a uniform standard, and (4) cultivating public opinion. This Article demonstrates that, on closer examination, each of these mechanisms could hinder international efforts to create a comprehensive agreement. This is by no means an argument against all efforts to curb greenhouse gas emissions at the national level. Instead, this Article calls for a more careful analysis the dynamic political impact of domestic proposals

I: National Implementing Legislation

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Australia Country Profile

[From Introduction] This country study for Australia is part of the ILO project \u27Employment of People with Disabilities – the Impact of Legislation’ which aims to enhance the capacity of national governments in selected countries of Asia and East Africa to implement effective legislation concerning the employment of people with disabilities. Starting with a systematic examination of laws in place to promote employment and training opportunities for people with disabilities in selected countries of Asia and the Pacific (Australia, Cambodia, China, Fiji, Japan, India, Mongolia, Sri Lanka and Thailand), the project sets out to examine the operation of such legislation, identify the implementation mechanisms in place and suggest improvements Technical assistance is provided to selected national governments in implementing necessary improvements

Counter-terrorism and national security legislation reviews: a comparative overview

This paper outlines the key reviews of Australia\u27s counter-terrorism and national security legislation, followed by a more detailed comparison of the recommendations of the Independent National Security Legislation Monitor and Council of Australian Governments reports with each other and, where relevant, those of earlier reviews. Introduction Following the events of 11 September 2001 in the United States and the subsequent United Nations Security Council Resolution 1373 (2001), the Australian Government, in cooperation with the states and territories, embarked on a series of significant legislative reforms to respond to the threat of terrorism. The reforms included special powers for the Australian Security Intelligence Organisation (ASIO), a range of new offences and the introduction of a mechanism for the proscription of terrorist organisations. The London bombings in July 2005 prompted further reforms, including the introduction of the control order and preventative detention order regimes and additional police powers in relation to suspected terrorism offences. Given the extraordinary nature of the new powers granted and the reach of the new offences, which were designed to capture conduct in the early preparatory stages, the relevant legislation required that reviews be undertaken at certain junctures. In addition, the office of Independent National Security Legislation Monitor (INSLM) was established in 2010 to provide ongoing oversight of Commonwealth counter-terrorism and national security laws. Accordingly, there have been several significant reviews of Australia’s counter-terrorism and national security legislation, the most recent and comprehensive being those of the INSLM and the Council of Australian Governments (COAG) Review Committee. The Government is now embarking on a further series of national security reforms, the first part of which is contained in the National Security Legislation Amendment Bill (No. 1) 2014 (the Bill), introduced in the Senate on 16 July 2014. The Bill responds to recommendations on legislation governing the Australian Intelligence Community (AIC) made by the Parliamentary Joint Committee on Intelligence and Security in 2013. The Attorney-General has stated that the Bill is ‘just the first step’ and indicated that the Government would introduce further legislation to both respond to recent reviews and proactively address any other shortcomings it identified. On 5 August 2014, the Government announced it would soon be introducing further reforms to, among other things, remove sunset provisions from a range of legislation, expand the criteria for the proscription of terrorist organisations, lower the threshold for arrest without warrant for suspected terrorism offences and enable requests for the suspension of passports in certain circumstances. This Research Paper provides a brief overview of key reviews of counter-terrorism and national security legislation, followed by a more detailed comparison of the recommendations of the INSLM and COAG reports with each other and, where relevant, those of earlier reviews. It also provides information on how governments have responded to review recommendations

Constructing a global counterterrorist legislation database: dilemmas, procedures, and preliminary analyses

Counterterrorist legislation is one of the main ways in which countries, particularly democracies, respond to terror attacks. Yet, there is to date no comprehensive cross-national database of counterterrorist legislation. This article introduces an overarching global counterterrorist legislation database (GCLD), covering more than 1,000 laws in 219 countries and territories over the years 1850-2009. I present the dilemmas and difficulties involved in constructing a global terrorism database and explain how these difficulties were addressed when assembling the current database. The article also brings descriptive statistics and analyses of the data, focusing on the historical development of global counterterrorist legislation and on the regional distribution of this legislation. It concludes with some recommendations for future researchers who may want to use the database.Publisher PD