High Court was wrong to stop \u27war crimes\u27 extradition

In 2005, the Australian government and ALP opposition stated their firm principled position on war criminals: extradite or prosecute. War criminals are not welcome to live freely in Australia. As the High Court has recently blocked a war crimes extradition, it has left the government with a difficult potential prosecution. Hungary had requested the Commonwealth government to extradite Charles Zentai to stand trial for a war crime committed in 1944. Allegedly, while a member of the Hungarian Royal Armed Forces, Zentai recognised Peter Balazs, an 18-year old-youth, as a Jew who was out on the street without wearing the yellow star required to be sewn and displayed on his outer garments

Environmental Terrorism: Not Yet an International Crime

The ease with which severe harms can be deliberately inflicted upon the natural environment to coerce political behaviour pose real and current threats to both nature and to social stability. There is a serious lack of international law to criminalise environmental terrorism. This lacuna could be remedied in part by the formulation and adoption of a new treaty to define and criminalise acts of terror against the natural environment. The outline of such a treaty is described in this article

Arbitration Jurisdiction in Philippines v PRC: Quixotic Judicialisation and Sovereign Resistance in Law of the Sea

Law of the sea is an area where few opportunties to take jurisdiction are declined by international tribunals. Expansion of judicial fiat satisfies the lawyerly appetite for binding global law. However, it poses risks to the maritime interests of States subject to compulsory binding procedures under the Law of the Sea Convention, by eroding the premise of their direct consent to international law obligations. The Philippines v China arbitration is demonstrated here to be an instance, part of a pattern in international law, where judicial jurisdiction is adventurously asserted while sovereign consent is diminished. In response, China is resisting international law in the South China Sea. Indications for the near future are that international maritime relations will be judicialised further. In the longer term, this may result in disrepute, disuse and disobedience of the judiciary in connection with maritime dispute settlement

Regulating humanitarian assistance by Australian charities: legal tools to deter funding of terrorism abroad

What are the obligations and risks in Australian law confronting the managers of charitable funds disbursed overseas to conflict zones where funds may be diverted into political violence? The 2016 allegations against World Vision Australia for funding HAMAS are described here as a case study of applicable Australian laws. Apparent gaps in the administrative, civil and criminal regulatory framework are identified and are contrasted with approaches in other common law jurisdictions: Canada, England and Wales, and the United States. Based upon these comparisons, recommendations are made to address perceived defects in the regulatory framework to counter financing of terrorism abroad by Australian not-for-profit organisations

Boycotting Israeli academics, or boycotting academic freedom?

On Wednesday last week, the Student Representative Council at the University of Sydney adopted a motion to boycott Israeli academics. The motion called specifically for the University to cut its current research ties with the Technion, Israel’s leading higher education technology institute, and supported the general academic boycott of Israel called for by the University of Sydney’s Centre for Peace and Conflict Studies (CPACS)

Legal Considerations concerning Recognition of Israeli Sovereignty over the Golan Heights

The United States of America, on 25 March 2019 under the administration of President Trump, formally recognised Israeli sovereignty over the Golan Heights.1 Under President Biden, the State Department signalled continuing support for Israeli de facto control and recognition of sovereignty but that the latter could be reviewed if there were to be a change in the threat situation from Syria.2 There has been little legal analysis of the international legal status of the Golan Heights, lost by Syria to Israel in June 1967, and this article evaluates de jure recognition of Israeli sovereignty there

Terrorism Financing in Foreign Conflict Zones

The misuse of charities to finance terrorism can pose a risk to South East Asian regional security. Humanitarian aid that is delivered through local charitable delivery partners specifically to foreign conflict zones carries a high risk of subversion. Recently, allegations that Australian charitable funds were misused to support terrorism overseas have been in the news. This article discusses the Australian case and suggests situation sensitive risk assessments and preventive measures to address this problem. In particular, a government can impose stricter accountability conditions to deter misuse of public funds it delivers to conflict zones abroad through humanitarian charities

Why Julie Bishop is wise not to judge Israeli settlements illegal

There was once consensus that the earth is flat. Similarly, the international legal situation of Israeli settlements is flatly said to be criminal. The truth is different and more complex. Ben Saul’s recent article on the “dirty politics of Israel’s criminal colonial enterprise” was passionate in its hostility to Israeli settlements but its legal arguments were lacklustre. He declared the existence of 50 years of consensus among the United Nations General Assembly, Security Council and the International Court of Justice concerning the illegality of the settlements, but there has never been such a thing. Urban construction by Israelis in the area known as the “West Bank” began in the 1970s and now cover about 2% of the territory. Opinion concerning the legality of these Jewish settlements varies across experts and also across particular buildings

High Accuracy Fuel Flowmeter, Phase 1

Technology related to aircraft fuel mass - flowmeters was reviewed to determine what flowmeter types could provide 0.25%-of-point accuracy over a 50 to one range in flowrates. Three types were selected and were further analyzed to determine what problem areas prevented them from meeting the high accuracy requirement, and what the further development needs were for each. A dual-turbine volumetric flowmeter with densi-viscometer and microprocessor compensation was selected for its relative simplicity and fast response time. An angular momentum type with a motor-driven, spring-restrained turbine and viscosity shroud was selected for its direct mass-flow output. This concept also employed a turbine for fast response and a microcomputer for accurate viscosity compensation. The third concept employed a vortex precession volumetric flowmeter and was selected for its unobtrusive design. Like the turbine flowmeter, it uses a densi-viscometer and microprocessor for density correction and accurate viscosity compensation

Anesthetic Implications of Robotic Gynecologic Surgery

Surgery using robotic techniques is becoming more and more common. One of the specialties at the fore-front of robotic surgery has been gynecology, much like it was at the fore-front a generation ago in bringing laparoscopy into the operating room. New considerations have been noted and new techniques have been learned on both sides of the drape in order to ensure a successful outcome for the patient undergoing robotic gynecologic surgery. The purpose of this article is to bring, to light the concerns facing the anesthesiologist in regards to robotic procedures. We discuss the problems facing anesthesiologists, when a patient is experiencing both intraabdominal insufflation and steep Trendelenburg position, and also the intraoperative management of such a patient