Preventative detention and the right of personal liberty and security under the International Covenant on Civil and Political Rights, 1966

Preventive detention enables a person to be deprived of liberty, by executive determination, for the purposes of safeguarding national security or public order without that person being charged or brought to trial. This paper examines Article 9(1) of the International Covenant on Civil and Political Rights, 1966 to assess whether preventive detention is prohibited by the phrase 'arbitrary arrest and detention '. To analyse this Article, this paper uses a textual and structural analysis of the Article, as well as reference to the travaux preparatoires and case law of the Human Rights Committee. This paper argues that preventive detention is not explicitly prohibited by Article 9(1) ofthe International Covenant on Civil and Political Rights 1966. If preventive detention is 'arbitrary', within the wide interpretation of that term as argued in this paper, it will be a permissible deprivation of personal liberty under Article 9(1) of the International Covenant on Civil and Political Rights, 1966. Preventive detention will, however, always be considered 'arbitrary' if sajeguards for those arrested and detained are not complied with, in particular the right to judicial review of the lawfulness of detention.

Reluctant relaxation: The end of the iron ore export embargo and the origins of Australia's mining boom, 1960-1966

The Australian government embargoed any export of iron ore between 1938 and 1960. Joseph Lyons’s government imposed the ban on the eve of World War II for a strategic reason: to prevent the Japanese from importing ore from Yampi Sound in Western Australia. Another consideration, which underpinned the retention of the ban for more than two decades, was the Commonwealth of Australia's perception that Australia's iron ore reserves were limited. In the space of a few years after the partial lifting of the embargo in 1960, world-class reserves of iron ore, mainly in Western Australia, were discovered. Mined and exported from the mid-1960s, iron ore would become, in time, Australia’s best export earner. This article explores the reasons behind the lifting of the ban and how the relaxation of the embargo in stages between 1960 and 1966 shaped the emerging iron ore industry and therefore Australia’s mining boom.