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Full-Text Articles in Law

Towards An Asean Counter-Terrorism Treaty, G. L. Rose, D. Nestorovska Jan 2005

Towards An Asean Counter-Terrorism Treaty, G. L. Rose, D. Nestorovska

Faculty of Law - Papers (Archive)

The benefits for Association of Southeast Asian Nations (ASEAN) members of a regional treaty to combat terrorism include improved coordination in mutual legal assistance and harmonisation of best practice legal approaches. The conceptual framework for a common definition of terrorism is set out in this paper. Precedent regional and multilateral treaties are analysed into legal formulae and their components, such as obligations to indict or to extradite, to provide mutual legal assistance, and to build regional implementation capacity, are assessed as potential models for inclusion in an ASEAN regional treaty. The paper concludes by considering ASEAN progress in adopting cooperative …


Terrorism And National Security Intelligence Laws: Assessing Australian Reforms, G. L. Rose, D. Nestorovska Jan 2005

Terrorism And National Security Intelligence Laws: Assessing Australian Reforms, G. L. Rose, D. Nestorovska

Faculty of Law - Papers (Archive)

The Australian legal definition of terrorism and a brief history of terrorism in Australia set the context for national security intelligence laws. Recent national reforms are surveyed and critically examined here. It is concluded that they do not duplicate other powers and are subject to respectable, although not impeccable, safeguards. Some provisions need to be clarified to delimit their scope and others could be hampered in operation by the uncertainty of constitutionally implied limits.


Pre-Empting Terrorism: A Comment, Andrew Goldsmith Jan 2005

Pre-Empting Terrorism: A Comment, Andrew Goldsmith

Faculty of Law, Humanities and the Arts - Papers (Archive)

Transnational networks play an increasingly significant role in promoting violence as well as ideological dissent. While the debate continues over the characterization of the 'war on terror', how competently criminology is able to tackle such an issue riddled with transnational and cross-cultural dimension still remains an open question.