Browsing by Browse by SEO 2008 "810107 National Security"

There has been a recent increase in clashes between warships asserting rights to navigate and states asserting sovereignty over coastal waters. This book argues for a set of rules which respect the rights of coastal states to protect their sovereignty and of warships to navigate lawfully, whilst also outlining the limits of each.

The book addresses the issue of the clash between warships and states by considering the general principles applying to use of force in the law of the sea and the law of national self-defence. It focuses on the right of coastal states to use force to prevent passage of warships which threaten their sovereignty, with particular reference to the specific maritime zones, as well as by warships to ensure passage or to defend themselves. The book also assesses the extent to which the law of armed conflict may be applicable to these issues. The conclusion draws together a set of rules which take account of both contemporary and historical events and seeks to balance the competing interests at stake.

The issue in 2020 of new ministerial guidelines ('2020 Guidelines') for the performance by the Australian Security Intelligence Organisa-tion ('ASIO') of its functions and the exercise of its powers as relevant to security, after a 13-year interval, is significant as very substantial changes in ASIO's legislation, powers, resources and priorities occurred during that time.

The 2020 Guidelines reveal critical new issues in their review processes, content and operation. These issues should be addressed if the Guidelines are to achieve optimal, integrated and complementary performance as one of several ASIO accountability mechanisms, in turn part of minis-terial responsibility under the chosen Australian parliamentary model of human rights.

There are several pressing reform issues in the 2020 Guidelines, including: the need to improve consultative processes for review and development to match the expanding reach of ASIO security activities; the fact that the 2020 Guidelines authorise classified ASIO policies and thereby provide insufficient public guidance; and, the capacity of the 2020 Guidelines to interpretively enlarge the concept of relevance to security and, in particular, broaden the concept of politically motivated violence.

Further important issues and reforms arise from the treatment by the 2020 Guidelines of exiting or remediating the intelligence gathering process, including the collation and retention of personal information, as well a need to more clearly shape proportionality matters in familiar legal principles. Noticeable deficiencies in the 2020 Guidelines give cause for concern and reflection. Specific and broader reforms to the processes generating, and the content informing, the Guidelines are canvassed throughout the article and in its conclusion. These reforms are intended to improve the presently understated function of the 2020 Guidelines as part of a more integrated and responsive ASIO accountability framework.

Women are a persistently disadvantaged group and far from achieving gender equality, especially in political institutions in developing countries. India and Bangladesh have introduced gender quotas in their local political systems in order to promote more women in politics. Gender quotas have increased the number of women in local councils in both countries. However, the question remains whether the women members elected through gender quotas have created an impact on the treatment of women’s matters and the decision-making process in local councils. This comparative case study examines the impact of gender quotas on women’s political empowerment, as well as the factors that hinder or facilitate women members raising their voices in the decision-making process in local councils – the Gram Panchayat in India and the Union Parishad in Bangladesh. This thesis finds that women in both countries confront some fundamental institutional, cultural and socio-economic barriers to their political empowerment. However, the dimension of these barriers is different in India and Bangladesh. These factors, as well as individual characteristics, assist women to raise their voices to claim public goods and resources for their constituents, and women in general. The findings also reveal that women elected through quotas in both countries are likely to work for women in local-level politics. Indian women are more enthusiastic about offering development services to their electorate, especially the women, than are the quota women in Bangladesh. Women in both countries are more likely than men to offer social welfare services to their constituents, especially women. This thesis supports the arguments of those critics of critical mass who argue that an increase in women’s numbers alone does not have a significant effect in promoting female favourable policies and practical outcomes.