East Timor : beyond independence

The chapters in this book examine the major themes of development, borders and security, politics and justice, resource and land management, education, and language policy. Though the country was initially lauded as a case study in successful state-building, the crisis of 2006 demonstrated that East Timor had more in common with other post-colonial, post-conflict societies than some of thse earlier optimistic assessments suggested. East Timor continues to attract the interest and attention of governments, scholars, development institutions and aid workers as a society rebuilding itself after almost a quarter of a century of profound trauma, and the consecutive eras of colonialism. Covering the era from the independence referendum in August 1999 to the political crisis in 2006, and future prospects and challenges, this book is an invaluable resource for understanding the challenges facing the first new nation of the 21st century.

The post-Saddam Iraqi media : reporting the democratic developments of 2005

The toppling of Saddam in 2003 brought with it the re-emergence of the free press in Iraq. This has seen Iraq shift from only a handful of state media outlets that served as propaganda machines, to a vast array of Iraqi-owned newspapers, radio stations and television channels which are being fervently produced and avidly consumed across the nation. This paper therefore reviews the developments in Iraq’s post-Saddam media sector and finds that it has been central to the return of an Iraqi public sphere which has openly debated and discussed the issues surrounding the nation’s shift from despotism to democracy. This is perhaps best evidenced by the role that the Iraqi media played in hosting a rich tapestry of debate, discourse and deliberation from a panoply of political, religious and ethno-sectarian factions throughout the elections and the referendum held across the nation in 2005. Despite their respective biases and particular persuasions, the net effect of such a rich media sector has been an Iraqi populace who are both concerned and informed about the nuances of democratic governance.

Devaluation of a constitutional guarantee : the history of section 51(xxiiiA) of the Commonwealth Constitution

This article describes constitutional and socio-historical background to the referendum that led to the inserrion of s 51(xxiijA) into the Commonwealth Constitution. It traces judicial interpretations of the clause 'but not so as to authorise any fonn of civil conscription' through the major cases, including British Medical Association v Commonwealth, General Practitioners Society v Commonwealth, and Alexandra Private Geriatric Hospital Pty Ud v Commonwealth. The issue of the powers of the Commonwealth to regulate private medical practice without infringing the constitutional guarantee against civil conscription is analysed in the context of the development of National Health Care Schemes for financing medical benefits (Health Insurance Commission v Peverill). Constitutional aspects of the 1995 legislation enabling the introduction into Australia of purchaser-provider agreements ('managed care ') are also examined. Finally, the article questions the constitutionality of the Australian Competition and Consumer Commission s powers to regulate the essential elements of the patient-doctor relationship.

The National Museum of Scotland : a symbol for a new Scotland?

The National Museum of Scotland (forthwith 'Museum') opened to critical acclaim on St Andrew's Day 1998 (see McKean 2000). The timing of the opening was culturally and politically symbolic, taking place on the patron saint of Scotland's day, whilst falling between the devolution referendum for, and the opening of, the reinstated Scottish Parliament. The museum offers a representation of Scotland, one which is negotiated by its creators and visitors alike. Given that national identity is a slippery concept subject to fluidity and change (Hall 1992), the image of stability and authority of a museum, which has been compared to the reification of a church (Horne 1984), offers us an interesting site for developing our understanding of how national identity is constructed.

Conceptualizing The Schmittian ‘Exception’ in the European Union: from the ‘Opt-Out’ Procedure(S) to indirect forms of secessionism

Too often, legal and sociopolitical scholars concerned with European policies anddecision-making procedures focus their efforts only on the official essence ofconventional opt-out forms of nonparticipation in the European integration process,such as those established in the Treaty of Lisbon. Yet, far from being just an internalmatter, the independentist instances which informed the Scottish referendum had asignificant impact on delicate issues of EU law, biopolitics, political anthropology,political theology, and foreign policy which deserve to be properly addressed. Thenecessity of conducting such an analysis is self-evident, and mainly related to thepossibility that the Scottish experience may be soon replicated, with different results,in the Italian regions of Venetia, Sardinia, and Lombardy, and in the Spanishcommunity of Catalonia. Delving into this dimension through Schmitt’s politicaldecisionism and adopting a comparative and interdisciplinary approach thattranscends the limits of pure positivistic and analytical lines of inquiry, this paperpresents a country’s choice to leave the EU or stop cooperating with it through thedirect opt-out mechanisms officially regulated in its Treaties, or through indirectforms of secessionism, in terms of an ‘exceptional’ act of sovereign will.

Western Sahara : international law, justice and natural resources

As the Spanish were preparing to leave colonized Western Sahara in 1975, Morocco invaded, sparking a war with the Western Saharan Polisario Front. About 70% of Western Sahara was occupied by Morocco, which stations up to 140,000 soldiers in the territory, primarily along a 1700 kilometre long sand berm that is protected by one of the world’s largest fields of landmines. In 1991, Morocco and the Polisario Front agreed to a truce ahead of a referendum on Western Sahara’s future. However, Morocco has since refused to allow the referendum to take place, and has begun the extensive exploitation of Western Sahara’s non-renewable natural resources. This has both highlighted the plight of the Saharawi people who live in refugee camps in Algeria and in occupied Western Sahara, and pushed the Polisario Front back to a position where it is openly canvassing for a return to war.