Abstract The paper highlights the reservations the international community has had over the years towards the phenomenon of anticipatory self-defence within the international law structure. The paper looks at certain cases, namely the Nicaraguan case, the Six Day War between Arab states and Israel, the Israeli raid on Iraq, the America-Cuba issue and 9/11 attacks and the international community's and the UN's reactions to all these events. The paper examines the impact of Article 51 of the UN Charter and the limitations of anticipatory self-defence. The paper concludes that international legislators need to realize that they must reform the anticipatory self-defence laws in accordance to the changing times.
Outline:
Introduction
The Various Interpretations of the International Law on Anticipatory Self-Defence A Small Illustration of the Use of Anticipatory Self-Defence Understanding the Limitations of Anticipatory Self-Defence The Impact of Article 51 of the UN Charter
The Complete History of the Application of UN Charter on Anticipatory Self-Defence The General Restrictions on Use of Force
Discussion on This Issue
Conclusion
From the Paper "The concept of anticipatory self defence in international law has become more prominent and has grown to be a dominant topic of discussion in recent years. The attacks on American soil on September 11, 2001 can be said as the primary reason behind the growing importance of anticipatory self defence. The event saw the passenger airlines being hijacked and used to target the destruction of important and strategic New York and Washington buildings i.e. the World Trade Center and the Pentagon. It wasn't a surprise that the U.S. reacted with aggression and force by initiating the war on terror under the reign of President Bush."
Presents an argument that Socrates was guilty of one of the charges leveled at him in the famous trial brought against him by the democratic office of Athens.
650 words (approx. 2.6 pages), 1 source, 2002, $ 26.95
Abstract The dialogue by Plato titled "The Apology", is more or less the trial of Socrates by the democratic office of Athens. As is generally known, Socrates is condemned to death. Although he presents a good defence for himself, the dialogue nevertheless results in the establishment of his guilt. In the dialogue in question, Socrates is charged with two major violations against the City-State or Athens. The charges which were made, were that he was 'teaching what was above and below the earth' (challenging the religion of the state), and that he was 'corrupting the youth'. It will be argued that although he was innocent of challenging the existence of the 'gods', it will also be argued that he can be understood as guilty with respect to corrupting the youth. His guilt will be presented in terms of the challenges which he makes to the ideas surrounding democracy.
Abstract This essay aims to respond to the statement that 'Australia has always relied on strong and powerful friends for its defence? and answers the questions, 'is this true?' , 'why has it been so?' and ' what is the position today? The paper explains that this is evident in Australia's participation in many wars that did not directly threaten their own borders, including Vietnam, both world wars and others.
From the Paper "For Australia ?alliance (at least de facto) with a great power has been a key policy component since Federation.? This has been readily apparent in its long history of close relations with firstly the United Kingdom and more recently the United States, as both an ally and a powerful friend. Australia has a long history of association with the United Kingdom and the United States which extends back to World War One and has since taken on many different forms. This essay will mainly focus on the relationship with the United States as it is more relevant to current defence policy and the United States does not posses the "motherland" relationship that Britain does. Since the Second World War Australia's relationship with the United States has been one of reliance with regards to the provision of an ally to come to our aid in a time of heightened military conflict that seriously affects Australia's security. This has evolved to encompass a reliance on the United States for the vast majority or our high technology equipment and global intelligence, resulting in a belief that this relationship is a constraint on Australia's defence policies and thinking. In this essay, the relationships that Australia has held with the US and Britain will be discussed in both current and historical terms, particularly with regard to the advantages and disadvantages of such a reliance, relating it to the position today."
Tags: anzus, doctrine, guam, anzac, vietnam, iraw, terror, asia
A look at a number of issues concerning the European Union's move towards a common security and defence policy and how this development has come about.
Abstract This paper focuses on the development of a collective defence and security policy within the European Union (EU). It gives the example of the EU's role in the Balkans conflict as the continuing development of this policy. The paper also looks at some of the procedural elements in creating such a policy.
From the Paper "By the 1970s, a foreign policy mechanism entitled European Political Co-operation had been established, in recognition of the fact that there was an external dimension to trade cooperation and that EC members needed to coordinate their voice in international affairs. Meanwhile, a protocol of agreement among the Member States to establish an organisation of European Political Co-operation (EPC) was conceived. In 1986, the Single European Act (Title?V, Article 30, (6), (a)) formalized this intergovernmental cooperation without changing its nature or methods of operation. Therefore, the forging of a CFSP in the 1990s was able to build upon the foundations that had been laid before in EPC. "
Abstract The paper discusses the emergence of a new generation of Glasgow painters, known under the name of "New Glasgow Boys." The paper speaks of one of these artists, Steven Campbell and his painting "In Defence of Migrants," The paper comments on how the human figure is presented, first within a background of confusion and uncertainty, then in a direct and forceful expression of emotion as well as an intense theatricality, and finally in relationship with nature itself, a relationship which defines his own human condition.
From the Paper "The first and most obvious characteristic of Campbell's Painting on Defence of Migrants is its formal density which demonstrates, alongside with an intensity of creative imagination, a great sense of confusion. The artist's extravert approach to figure painting results in a large number of details. We, as spectators, are confronted with a multiplicity of frames which successively surround the picture and lead our eye to the moon, the focus point in terms of the organisation of space. On the left, there are also trees and rocks on which the pale-skinned 'migrants' sit. On the extreme right, a strange man with his head lit up, as if ecstatic, and a hunter brandishing a rifle, ready to shoot. Going further 'inside' the picture, we see, on the left, a multitude of people walking, apparently migrating like birds, in the shade of the characters who sit in the foreground, but somehow connected to them. Looking in the right-hand side, we can behold, once more, conifers and rocks and a waterfall, which salmons are swimming up, going down the valley and leading our eye further into the picture. In the background, we see mountains, the shadows of which stand out against the all too dark and cloudy sky. However, despite the large number of frames in the picture, one thing comes as a unifier and gives the viewer the feeling of space, which is the birds, of all species, from wild ducks to nocturnal birds of prey. The latter, alongside the salmons swimming up the waterfall, the dog and the shrews in the bottom right-hand corner, gives us a powerful impression of the presence of natural fauna. Thus, all these closely-worked surfaces and almost impenetrable tangle of forms may belong to reality. Yet, the overall sense of density and confusion along with the almost exaggerated symmetry of the composition--the two trees on the foreground, the incline of the outline of the rocks, etc.--develop into an anachronistic world which is both strange and familiar. On the other hand, the figures on the foreground, which just look like characters from a novel, even a fairy tale, are subjected to the arbitrary disposition of the surreal. Indeed, there appear, in the sky and the clouds, the distinct figures of hunters... The universe we are confronted to belongs to neither fact nor fiction and makes the frame for the play which is on."
Abstract This paper uses the Reason Model of Accident Causation to analyse the events following the Qantas accident in Bangkok in 1999. The issues relating to the crew's actions in the minutes prior to the precautionary disembarkation are investigated. The paper makes specific reference to the functions of organisational defences as described by Professor James Reason and stresses the significance of his accident causation model in aviation. It continues by suggesting the use of the accident causation model is not exclusive to accident investigation, but also using the concept as an error management tool to improve organisational safety performance. Recommendations are made for managers to implement a Safety Management System considering organisational defences and providing sufficient training to minimise active failures.
Outline
Abstract
Introduction and Background
Functions of Defences and Accident Causation
Case Study: The QF1 Accident
Using the Reason Model in Practice
Conclusion and Implications
From the Paper "The investigation report (ATSB, 2001) into the accident thoroughly details the events of the approach, landing and disembarkation. As the Boeing 747 attempted to land in extremely heavy rain, inaccurate aircraft handling by the first officer (pilot flying) led to the aircraft floating much further along the runway than planned. As the captain of the flight realised this he instructed the pilot flying to apply full power in an attempt to go-around. Almost simultaneously the aircraft's main wheels touched down on the runway. As a consequence, the captain rejected the go-around by retarding the thrust levers, but without specifying this to the first officer. Subsequently, confusion in the cockpit between the first officer and captain resulted in reverse thrust not being applied at any stage during the landing roll."
Abstract He uses the three critical concepts of invention, imitation and energy in his essay. More than anything else, the author demonstrates that poets have a certain ability to make a few words mean many thoughts. Poetry, according to Sidney, is also capable of transformation. In this way, it nurtures life.
Abstract This paper examines how the Empire's role in imperial defence and security declined from the beginning of the twentieth century to 1968 largely due to the maturing status of Britain's White Dominions, which increasingly held diverging views on defence and security from the mother country. It looks at how in Britain's greatest hours of need during the two world wars the Empire contributed heavily in terms of manpower, resources and hamlets for training. It also shows how paradoxically, the Empire, which Britain battled to preserve in the two world wars was lost in the post-war environment, as the Dominions' increased autonomy coupled with Britain's inability to match its resources to imperial demands weakened the Empire beyond sustainability.
From the Paper "With the fall of Belgium, Holland, Denmark, Norway and France, Britain's position became extremely perilous, and for the first time since 1806 it lacked allies on the Continent. For over a year between France's surrender and Hitler's invasion of the Soviet Union on 22 June 1941 Britain and the Empire was forced to single handedly face the Axis powers. Initially, the British Empire had been relatively safe because of Britain's supremacy in the seas, but in the summer of 1940 the security of the British Isles became paramount, as aerial attacks and threats of a cross-Channel invasion increased."
Abstract This paper on the Australian budget discusses the Fringe Benefit Tax, health reductions, defence budgets and other effects of budget schemes. It also looks at how it effects the society.
From the Paper "The 1986-87 Australian Budget Report is one which has arrived in a period where a three year economic growth pattern has dropped; there is a fall in the Australian exports and the earnings from them. The Budget had a 7% actual rise in spending, with a zero rise in real terms; so giving no reduction. It was satisfying for some people and disappointed for others."
Abstract This paper explores what function women really play in the Israeli Defence Force (IDF). The paper examines how and why their limited role is slowly changing for the better. The paper explains that women fill many important positions in the IDF, such as technological, intelligence, operations and training positions. They can also be found servicing IDF computerized systems, working as computer programmers, smart weapons systems operators and electronics technicians. The paper discusses the increase in women in combat units, but contends that the IDF still needs to make cultural and gender perception advancements to eliminate discrimination.
From the Paper "The Defense Service Law of 1959 requires all citizens and permanent residents of the State of Israel to perform military service. This includes all women between the ages of 18 and 26, who are physically fit, unmarried, have not borne children, and have not objected on religious grounds or grounds of conscience. Women currently perform compulsory military service in the Israeli Defense Force (IDF) for a period of one year and nine months. In contrast males are required to serve for three years. The disparity in service length requirements is the first clue that the Israel military views the roles of men and women in the military far differently."
Abstract The European Security and Defence Policy (ESDP) is one of the most important, yet also one of the most difficult geo-strategical elements of the European Union. Nevertheless, the ESDP has made some remarkable development jumps since the late Nineties. The paper shows that one of the reasons for this has been the Kosovo crisis, where the EU had to act as one to be able to intervene successfully. Another aspect has been the initiatives of France and Great Britain at the Saint Malo Summit. The paper shows that since then, the ESPD has made it through the Nice Contract and has been institutionalised into the EU Charter. The paper includes tables.
Table of Contents:
List of Abbreviations
1 Introduction 6
2 The Theoretical and Historical Context
3 Towards a European Security Strategy
3.1 New Threats, New Challenges
3.1.1 The New Security Dilemma
3.1.2 European Geo-strategic Objectives
3.2 The ESS
4 Genesis and Evolution of the ESDP
4.1 A Tour through Europe: From Maastricht to Seville
4.2 Evolving Objectives of the ESDP
4.3 Missions to date
4.4 What Kind of Power is the EU?
5 Aspects of Power Distribution and International Relations
5.1 A Special Relationship: Partners Across the Atlantic
5.2 The ESDP and International Organisations
5.2.1 NATO
5.2.2 UN
5.2.3 OSCE
6 Enlargement and the Consequences
6.1 The Enlargement Process
6.2 A View from the East: the approach of eight New Members
towards ESDP
6.2.1 Estonia
6.2.2 Latvia
6.2.3 Lithuania
6.2.4 Poland
6.2.5 Czech Republic
6.2.6 Slovakia
6.2.7 Hungary
6.2.8 Slovenia
6.3 Implications for ESDP
7 Enlargement, ESDP and the Balance of Power:
7.1 ESDP: An Assessment
7.2 Intra-EU Aspects
7.2.1 Germany
7.2.2 United Kingdom
7.2.3 France
7.2.4 Italy
7.3 Extra-EU Aspects
8 Conclusion and Outlook for the Future
9 Bibliography
From the Paper "The development of the ESDP has been seen by some as critical to the EU's international influence. If Europe integrated its security and defense efforts, it could not only defend itself but also export security to others. Others have viewed the ESDP as a threat to the EU's strengths as a civilian power. For the ESDP to develop in a manner that does not usurp Europe's civil power, there needs to be solid, sustained political and military dialogue at all levels-institutional, national, and personal-between ESDP/CFSP and NATO, and between individual national governments and parliaments, not least the U.S. Congress. A successful European Security and Defense Policy will change the European Union's position in the international realm relative to security, including restoration and/or maintenance of the economies of the region."
Abstract This paper discusses the significance of the cases of "Ashdown vs The Telegraph Group" and "Hyde Park vs Yelland" and how they prove that public interest defence is very much limited by the courts, although still applicable in 'rare circumstances'.
From the Paper "By comparison in Hyde Park v. Yelland the decision of the Court of Appeal stated that there was no demonstrable public interest defence to a copyright claim in that specific instance. But it has been observed that the suggested requirement that there must be a public interest in publication would not, in fact, have been met in several previous cases where the defence has ultimately succeeded. Notably, in BBC v British Sky Broadcasting, the defence did hold, but it is difficult to see convincing justification of public interest over an issue of football match highlights. This example undermines the court's assertion that a public interest in publication must exist before a fair dealing defence can succeed. "
Abstract The paper examines Thurgood Marshall's life and describes his tireless service in defence of civil rights for all. The paper relates that his part in the 1954 Brown V. Board of Education case represents the defining moment in the life of this indomitable leader. The paper also explains that his style of leadership, most akin to the charismatic leadership style, set him apart from others and enriches his legacy.
From the Paper "Thurgood Marshall Supreme Court Justice and pioneer of the civil rights movement was instrumental in crafting the United States of America as we know it today. Having long regarded the US Constitution fundamentally flawed for its allowance of slavery, Cohen Marshall bore a grudge against racial injustice and the American institutions that perpetuated segregation and exclusion."
Tags: thurgood marshall, supreme court, brown v. board of education, Charismatic Leadership model
Abstract The paper examines the role of the economy in relation to Australia's regional relations, defence and security and the international issues of the environment and human rights. The paper shows how, whilst there are many different arenas that shape Australia's foreign policy, it is evident that economic issues have a strong influence.
From the Paper "To a greater extent than ever before, Australia's prosperity is dependent upon the international economy (Firth 1999, p. 94). Geographically, Australia is located in the Asia-Pacific region. It is, however, a Western country. This positioning divides Australia's affinity to both its ties with America, and its increasing economic relationship with Asia (Jones & Benvenuti 2006, p. 120). One pressing issue has been how to secure Australia's position in the Asia-Pacific region. Under particular focus is Australia's effort to hitch its interests to those of the booming economies of Asia (Tracy 1997, p. 142). Since 1989, the means for achieving this has been Asia Pacific Economic Cooperation (APEC). Whilst all trade links have importance to Australia, our economic links with East Asia are vital as we sell more to most East Asian countries than we buy (Kelton 2006, p. 233)."
Tags: regional, relations, defence, security, environment, human, rights
Abstract The paper looks at how the NATO intervention in Kosovo in 1999 and the U.S./U.K. led intervention in Iraq have created new problems for international lawyers and academics alike. It debates whether there is a doctrine of humanitarian intervention and a doctrine of pre-emptive self defence. It examines the various security council resolutions and discusses whether the interventions in Kosovo and Iraq were legal given the lack of security council approval. It also analyzes the effects of military action in Afghanistan and whether or not there is a doctrine of pre-emptive self defence since September 11th.
From the Paper "The NATO intervention in Kosovo on the 23rd March 1999 lasted seventy nine days and the use of force in this situation divided world opinion and the differing reactions since then have continued to be split over the legitimacy of humanitarian intervention. Of those who supported the action the United Kingdom and the United States were the two strongest advocates of the action. One of the primary aims of the United Nations Charter is to protect the human rights of all people and in Kosovo the human rights of many Kosovar Albanians were being infringed upon by the excessive use of force by the Serbian security forces and the Yugoslav army. This forms part of the basis for establishing a new international doctrine of humanitarian intervention."
