Causation, complexity, and the concert: the pragmatics of causal explanation in international relations

A causal explanation provides information about the causal history of whatever is being explained. However, most causal histories extend back almost infinitely and can be described in almost infinite detail. Causal explanations therefore involve choices about which elements of causal histories to pick out. These choices are pragmatic: they reflect our explanatory interests. When adjudicating between competing causal explanations, we must therefore consider not only questions of epistemic adequacy (whether we have good grounds for identifying certain factors as causes) but also questions of pragmatic adequacy (whether the aspects of the causal history picked out are salient to our explanatory interests). Recognizing that causal explanations differ pragmatically as well as epistemically is crucial for identifying what is at stake in competing explanations of the relative peacefulness of the nineteenth-century Concert system. It is also crucial for understanding how explanations of past events can inform policy prescription.

Regulating non-international armed conflicts: a review essay of 'The Law of Non-International Armed Conflict' by Sandesh Sivakumaran

This review essay engages with Sandesh Sivakumaran’s book The Law of Non-International Armed Conflict, exploring its significance both in international humanitarian law and international law more generally.

The moral rights of authors and performers: an international and comparative analysis

This book is a comprehensive guide to the development and utilization of authorial moral rights across the key jurisdictions of the English-speaking world and in France and Germany. In recent years, the copyright statutes of the common law countries have been expanded by the introduction of provisions dealing with purely authorial rights - moral rights.
The Moral Rights of Authors and Performers discusses the historical development of the rights in Europe, with particular reference to France and Germany, and shows the growth of moral rights theory and legislative coverage up to the late 1930s. During the 1920s the moral rights of authors became the subject of international protection, particularly through the operation of the Berne Convention for the Protection of Literary and Artistic Works. The book explores the adoption of moral rights into this and other international instruments, explaining the functions that moral rights were intended to perform.
The author gives detailed accounts of the operation of moral rights in France and Germany today, addressing both statutory interpretation and doctrinal issues. The provision of case studies gives an impression of the rich jurisprudence associated with the rights in these countries.
The book also contains a detailed discussion of the versions of moral rights that have become entrenched in Canada, the UK, the US and Australia, with each country considered independently. It deals separately with the introduction of the rights into each country and their operation and interpretation by courts and commentators. Material on common law analogues to the rights is provided, which indicates alternative actions that practitioners might take. Problems of cross-jurisdictional legal proceedings (especially arising from technological transfer of information) are also addressed, with moral rights protection elsewhere in the world summarized in tabular form.

Sources of doubt, sources of duty: HLA Hart on international law

In many ways HLA Hart’s critical analysis of the concept of law, with its repudiation of simple command theories of legal obligation, is at the same time a critique of the notion of state sovereignty. It is therefore an adumbration, if no more, of a radical reconceptualisation of international law, one which redefines the distinction between municipal and in-ternational jurisdiction. This paper is an exploration of what Hart could or ‘should’ have said about international law, based as much as possible on what he did say about international law and law in general. After some introductory comments it outlines Hart’s general analysis of law, with particular reference to the relevance for our understanding of international law.

International sentencing law: in search of a justification and coherent framework

An international sentencing jurisprudence is emerging from the decisions by the International Criminal Tribunal for the Former Yugoslavia (ICTY or the Yugoslav tribunal) and the International Criminal Tribunal for Rwanda (ICTR or the Rwanda tribunal) (collectively, 'the tribunals'). This article examines international sentencing law and practice and discusses the justification for the practice. International sentencing law has several objectives. The main goals are reconciliation, deterrence, retribution and rehabilitation. The sentencing inquiry is marked by a high degree of discretion and has resulted in sentencers developing a large amount of aggravating and mitigating considerations, such as being in a position of authority, remorse and good character. It is argued that the current international sentencing approach is flawed - fundamentally so. Most of the stated goals of international sentencing in the form of reconciliation, retribution and rehabilitation are either highly speculative or misguided. The only justification for the practice is general deterrence. This is, however, significantly undermined by the selective and infrequent enforcement of crimes within the jurisdiction of such tribunals. The stated aggravated and mitigating considerations are not valid given that they are not justified by reference to the stated aims of sentencing and only serve to undermine the search for a penalty which is commensurate the serious of the offence. This article suggests a coherent framework for international sentencing policy and practice.

Traversing the international rainbow of academia and architectural practice

In the context of contemporary tertiary education immersed as such in internationalisation strategies and internationalised curricula, the cultivation and promotion of international awareness in Australian graduates can be expected to lead to desirable lifelong attributes. Consideration of the need to be prepared for a globalised professional and cultural climate is integral to sustaining and growing the future and the fortunes of many. For the architectural community, the combined phenomena of globalisation and internationalisation strategies herald implications for the education and professional preparation of architects which traverse academia and architectural practice. This paper presents the case for exploring potential benefits of establishing closer links between academia and architecture practice, discusses the relevance of international student practice experience for the twenty first century and looks at its role within an intemationalised curriculum in preparing graduates for the future. Analysis of a survey of work experience as a component of Australian architecture courses is used to gauge the extent of current programs that seek to integrate the academic curriculum with practice experience, and the Deakin study (a work in progress) of architecture students in international practice contexts is presented as a vehicle for exploring the degree to which the combination of professional practice education and cultural experience may be beneficial to architecture students, academia and the profession more generally.

Managing academic support for international students: the appropriateness of a learning support unit in an Australian tertiary institution

The higher education environment in Australia has undergone a radical change since the 1980s with the phenomenal increase in the intake of international students, particularly from what are referred to as Confucian Heritage Cultures (CHC): China, Korea, Japan, Malaysia and Singapore. Students from these countries view the Australian higher education system very favourably. The present increase in the proportion of full-fee paying students at Australian universities is also a result of decreasing government funding to the Australian higher education sector, which has now risen to be one of the most important elements of the Australian economy. These push-pull factors have drawn more Australian tertiary institution providers into the market place, as they seek more international student enrolments for their domestic campuses and also establish campuses overseas. Potential higher education students are becoming more discerning in their choices and are choosing learning environments that offers them both relevant and stimulating educational experiences and good qualifications, along with a range of both IT and academic support services that cater to their individual learning needs. Increasing competition, both within Australia and internationally, calls for a focus on student satisfaction in order to sustain the existence of the providers. This paper addresses the issue of what international students seek in terms of academic support and demonstrates that present levels of cost efficient services by Australian higher education providers, generally characterized by IT and language support services, are inadequate and do not meet the specific needs of the students.

A tenuous belonging: international students, multiculturalism and the manifestation of cosmopolitanism in local schools

This paper is concerned with the ‘imagination of community within local/global contexts such as those of Australian schools, at the beginning of the 21st century. In particular, it explores the ways that school community representatives in urban and rural Victoria, Australia discuss the presence of international students within their school communities and the consequences of these understandings for the ways that these students can belong. The paper argues that recent and globalising changes, particularly the impact of international students within schools, have meant that school communities understand the presence of others and therefore themselves in new ways. Arguments derived from mono-cultural and multicultural thought, always ambivalent, take on new forms as school representatives are concerned with a more individualistic and market driven world shaped within a cacophony of local/ global tensions. The paper concludes that in the tenuousness of belonging within local/global communities such as those of Australian schools, understandings of community and its outsiders need to be understood in relation to the contradictory but increasingly pervasive logics of cosmopolitan discourse.

Lack of integration of medical education in Australia: the need for change

The lack of cohesion across health and education sections and national and state jurisdictions is counterproductive to effective national policies in medical education and training. Existing systems in Australia for medical education and training lack coordination, and are under resourced and under pressure. There is a need for a coordinated national approach to assessment of international medical graduates, and for meeting their education and training needs. The links between prevocational and vocational training must be improved. Tensions between workforce planning, education and training can only be resolved if workforce and training agencies work collaboratively. All prevocational positions should be designed and structured to ensure that service, training, teaching and research are appropriately balanced. There is a need for more health education research in Australia.

In search of coherent jurisprudence for international criminal law : correlating universal human responsibilities with universal human rights

I. The Evolution of International Criminal Law International criminal justice concerns breaches of international rules entailing the personal criminal liability of individuals (as opposed to the State for which the individuals may act as agents or organs), and presently includes acts such as genocide, torture, crimes against humanity, aggression and terrorism. ... A rule stating: any act of armed conflict which directly causes the death of a civilian is a war crime unless it can be shown that the military advantage gained by the attack outweighs the harm. ... Thus, so far as international criminal law is concerned any act during armed conflict which results in the death or injury to a person who does not pose a direct threat to the life of the accused should be a war crime. ... Pursuant to the Rome Statute and as a matter of customary international law torture is a war crime when performed in the context of an armed conflict, and a crime against humanity when it is part of systematic criminal conduct. ... Torture can also constitute an individual international crime, even where it does not satisfy the criteria of a war crime or crime against humanity. ...

A model of student satisfaction : international postgraduate students from Asia

The internationalisation of higher education remains one of the major challenges faced by universities with the increasing mobility and rising expectations of a highly diversified student community worldwide. With the competitiveness of the industry, universities will need to focus on factors influencing student satisfaction to improve service quality where required. This paper draws on the theory of cognitive dissonance dealining with disconformation of expectations that results in customer satisfaction and using structural equation modelling, investigates factors that influence satisfaction of international postgraduate students from Asian countries studying in Australia and concludes with strategic implications for universities.

An analysis of factors of importance to international postgraduate students from Asia studying in Victorian universities

Student satisfaction is a key strategic variable in maintaining a competitive position in the international education market by Australian universities. The universities are facing the challenge of rising student expectations of quality, service and value for money, and the need to increase the satisfaction level of their students to retain and improve international student numbers. This process requires universities to carefully analyse the key factors contributing to student satisfaction.

Using logistic regression analysis with factor scores and aggregated satisfaction scores, this study examines the relative importance of factors and their impact on the satisfaction levels of international postgraduate students from four Asian countries studying at Victorian universities. The study concludes that the dominant factors that impact on student satisfaction include the quality of education, student facilities, reputation of the institutions, the marketability of their degrees for better career prospects, and the overall customer value provided by the universities.

Discourses of antagonism and desire : marketing for international students in neighbourhood schools

This paper explores the consequences of these discourses for the ways that international students are identified and positioned within school communities. My argument is developed in four sections. The first describes my ongoing exploration into the impact of international student programmes in Australia. The second exemplifies my argument: exploring the day-to-day experiences of vice principals in two Victorian government state secondary schools as they market their schools, and examining the systemic and ontological discourses played out within those conversations. The third interrogates discourses of identity and difference, neo-liberalism and nave cosmopolitanism which I find shape teacher conversations about international student programmes. In the final section, I argue that the impact of the discourse formations implicit in teacher talk about international student programmes has been the objectification of international students and their ambivalent inclusion within the school community.

Does Australia's treatment of non-citizens accord with its international human rights obligations? with specific reference to the treatment of on-shore refugees

The son of immigrants, I was motivated to write a paper addressing the issues of alienation and discrimination which confronts non-citizens upon arriving in Australia. Apart from descendants of Australia's indigenous population, the common bond shared by all citizens and permanent residents of Australia is that they are either themselves immigrants or are descended from immigrants. In this paper I will look at whether Australia's law and practice meets its international human rights treaty and convention obligations vis-a-vis non-citizens. To investigate this issue I trace the history of immigration to Australia and look at the political policies which influenced the treatment of non-citizens from 1788 to present times. In 1958 when my parents stepped upon Australian soil as displaced persons, Australia was a very different place from Australia in the 1990s. At that time Australia was still firmly under the influence of the 'White Australia Policy' which openly encouraged discrimination against non-anglo saxons. Since those times Australia has advanced to become one of the most culturally diverse nations in the world where multiculturalism is encouraged and a non-discriminatory immigration program is supported by both Australia's major political parties. However, notwithstanding the great social advances made in Australia in recent decades the traditional legal sources of law, namely, judicial pronouncements, statutes and the Commonwealth Constitution have not kept pace and it is my submission that Australia's body of law inadequately protects the rights of non-citizens when compared to Australia's international human rights convention and treaty obligations. This paper will consider these major sources of law and will investigate how they have been used in the context of the protection of the rights of non-citizens. It will be asserted that the weaknesses exposed in the Australian legal system can be improved by the adoption of a Bill of Rights1 which encompasses Australia's international human rights treaty and convention obligations. It is envisaged that a Bill of Rights would provide a framework applicable at the State, Territory and Federal levels within which issues pertaining to non-citizens could be resolved. The direction of this thesis owes much to the writings, advice and supervision of Dr. Imtiaz Omar who was always available to discuss the progress of this work. Dr. Omar is a passionate advocate of human rights and has been a tremendous inspiration to me throughout my writing. I owe a debt of thanks to the partners of Coulter Burke who with good nature ignored the sprawl of books and papers on the boardroom table, often for days at a time, thus enabling me to return to my writing from time to time as my inspirational juices ebbed and waned. Thanks also go to my typists Julie Pante, Vesna Dudas and Irene Padula who worked after hours and on weekends always without complaint, on the various versions of this thesis. My final acknowledgement goes to my wife Paula who during the years that I was working on this thesis encouraged me during my darker moments and listened to all my frustrations yet never doubted that I would one day complete the task successfully. I wish to thank her wholeheartedly for her motivation and belief in my abilities. The law relied upon in the thesis is as at the 30th June, 1998. Bill or Charter of Rights 'are taken to be enactments which systematically declare certain fundamental rights and freedoms and require that they be respected'. See Evans, G. 'Prospect and Problems for an Australian Bill of Rights' (1970) 3 Australian Year Book of International Law 1 at 16. Some such notable exception is the New Zealand Bill of Rights Act 1990, contained in an ordinary statute.