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Published daily by the Lowy Institute

  • 19 Jan 2023
    • Climate change
    • International law
    • Pacific Islands

    The acid test: legal moves to force action on climate change

    Donald R Rothwell
    Small island states are now adopting a determined strategy of “lawfare” to bring attention to environmental threats.
  • 12 Jan 2023
    • Russia
    • Ukraine
    • International law
    • War Crimes

    The hard road to justice for Russian war crimes

    Shaun Cameron
    Prosecution of war crimes in Ukraine are crucial to maintain international law and the peace and security it promotes.
  • 3 Nov 2022
    • Indonesia
    • Australia
    • International law

    Ashmore Reef resurfaces as a maritime headache

    Donald R Rothwell
    A loose arrangement between Australia and Indonesia over the uninhabited islands is set to become a little less loose.
  • 20 Sep 2022
    • Bangladesh
    • Myanmar
    • Human rights
    • International law

    The Rohingya issue requires a regional solution

    David Brewster
    Leaving close to a million people in limbo poses a danger not only for the refugees but to regional peace.
  • 5 Sep 2022
    • Global Economy
    • Global Economic Governance
    • Digital Disruption
    • International law
    • Technology

    Web3 is coming – with national security implications, too

    Sasha Fegan
    A new internet for the people and by the people is on the horizon. But decentralised power has its own problems.
  • 27 Jul 2022
    • Thailand
    • Vietnam
    • International law
    • Sustainability

    What Vietnam can learn from Thailand’s fight against illegal fishing

    Thư Nguyễn Hoàng Anh
    After being issued a yellow card, Hanoi must look to its neighbours and international laws for the way forward.
  • 25 Jul 2022
    • Aid & Development
    • Australia
    • Pacific Islands
    • International law

    Engaging with the Pacific: the legal angle

    Sarah McCosker , Joanne Wallis , Melissa Conley Tyler
    The often complex and transnational legal challenges facing the region are an opportunity to foster cooperation.
  • 25 Jul 2022
    • India
    • United Nations
    • Migration
    • International law

    Why India needs a refugee law

    Shivangi Seth
    Adopting international standards will not only benefit people seeking asylum but India’s relations in the neighbourhood.
  • 17 Jun 2022
    • United Kingdom
    • International law
    • Human rights

    The British Indian Ocean Territory and the rules-based order

    Samuel Bashfield , Elena Katselli Proukaki
    In claiming sovereignty over Chagos, London privileges Western interests. And breaks international law.
  • 9 Jun 2022
    • Global Issues
    • Southeast Asia
    • International law

    Stemming the tide of piracy in Southeast Asia

    Thư Nguyễn Hoàng Anh
    The laws set by the United Nations 40 years ago no longer suit the fight against modern-day crime on the high seas.
  • 29 Apr 2022
    • War Crimes
    • Russia
    • International law
    • Ukraine

    Putting Putin on trial to enforce a price for the powerful

    Shivangi Seth
    Building a just international order must go beyond the interest of a few to foster a true test of global accountability.
  • 22 Apr 2022
    • Russia
    • Ukraine
    • International law
    • United Nations
    • War Crimes

    Even Putin is not beyond the law

    Donald R Rothwell
    International and domestic justice systems are working in the background to bring accountability in the war on Ukraine.
  • 20 Apr 2022
    • War Crimes
    • Russia
    • Human rights
    • International law
    • Ukraine

    The duty to prevent genocide in Ukraine

    Juliette McIntyre , Dominique Fraser
    A serious risk of Russia committing genocide imposes legal obligations for states to do what they can to stop it.
  • 13 Apr 2022
    • Maritime Security
    • China
    • International law

    Law of the sea: A contested watershed ruling

    Clive Schofield
    The 2016 arbitral award on the South China Sea has changed the dynamics of maritime disputes.
  • 6 Apr 2022
    • Defence & Security
    • South China Sea
    • Asean
    • International law

    Protecting law and order at sea means educating people on their rights

    Jay Batongbacal
    Broad understanding about the need to balance and compromise interests will strengthen the system of international law.
  • 1 Apr 2022
    • South China Sea
    • International law

    “Lawfare” in the South China Sea disputes

    Tara Davenport
    Legal mechanisms, while not definitive, have compelled the claimants to examine their position and communicate them.
  • 16 Mar 2022
    • War Crimes
    • Russia
    • International law
    • Ukraine

    Russia is committing atrocity crimes in Ukraine, but not genocide

    Dominique Fraser
    More than legal semantics, properly recognising war crimes and crimes against humanity puts Russian leaders on notice.
  • 7 Mar 2022
    • Global Issues
    • United Nations
    • Russia
    • Technology
    • International law

    The hypocrisy of Russia’s push for a new global cybercrime treaty

    Mercedes Page
    The same Russia in the middle of invading a neighbour is preaching respect for state sovereignty online.
  • 4 Mar 2022
    • Global Issues
    • United Nations
    • Russia
    • International law
    • Ukraine

    Ukraine: Don’t write off the international order – read and rewrite it

    Fleur Johns , Anastasiya Kotova
    Resistance to Russia’s aggression is being shaped by how decentralised and data-centric global rules have become.
  • 23 Feb 2022
    • War Crimes
    • United Nations
    • Myanmar
    • Human rights
    • International law

    It’s a mistake to allow Myanmar’s junta to appear in Rohingya case

    Adam Simpson , Juliette McIntyre
    Accepting military representatives in the genocide defence serves to lend the coup an undeserved legitimacy.
  • 3 Feb 2022
    • South China Sea
    • International law

    Navigating the limits in the South China Sea

    Donald R Rothwell , David Letts
    A new US report casts doubt on the legality of Chinese maritime claims by also critically examining Australian practice.
  • 23 Nov 2021
    • Defence & Security
    • China
    • Indonesia
    • International law
    • Technology

    Regulating unmanned underwater vehicles in Indonesian waters

    Taufik Rachmat Nugraha
    Deep sea drones are revolutionising marine science. But the military potential makes transparency essential.
  • 29 Oct 2021
    • China
    • Taiwan
    • International law

    The legal case for defending Taiwan

    Christopher R Hughes
    If a narrow interpretation of international law saw China attack Taiwan, a League of Nations-style crisis would ensue.
  • 14 Oct 2021
    • Defence & Security
    • China
    • Taiwan
    • International law

    Would a war over Taiwan be legal?

    Ben Saul
    International law defines statehood and provides the rules of war, but ambiguities abound in the case of Taiwan.
  • 13 Oct 2021
    • Australia
    • International law

    An opening on the ICJ and an opportunity for renewal

    Fleur Johns
    Australia’s nominee for a vacant seat offers states a chance to strengthen and renew the Court at a critical juncture!!
  • 12 Oct 2021
    • Pacific Islands
    • Climate change
    • Environment
    • International law

    Line in the sand: How sea-level rise is challenging international law

    Donald R Rothwell
    For island nations climate change poses not only a physical threat but a legal dilemma, too.
  • 20 Sep 2021
    • Defence & Security
    • Australian Defence Force
    • Australia
    • Technology
    • International law

    The law when putting autonomous military platforms on a shopping list

    Eve Massingham
    The fear of rogue killer robots looms large but legal questions go well beyond the pointy end.
  • 17 Sep 2021
    • Pacific Islands
    • Sustainability
    • Climate change
    • Environment
    • International law

    Safeguarding Pacific Island seas starts with indigenous knowledge

    Anna Naupa
    A new declaration by Pacific leaders on maritime zone preservation helps, but must also allow for cultural dialogue.
  • 31 Aug 2021
    • South China Sea
    • China
    • International law

    Deliberate ambiguity of China’s new “territorial waters” declaration

    Aristyo Rizka Darmawan
    A hastily introduced regulation requiring vessels to register may be contrary to the rights of innocent passage.
  • 26 Aug 2021
    • Diplomacy
    • Afghanistan War
    • Afghanistan
    • Australia
    • International law

    What’s in a name? The Taliban and recognition under international law

    Donald R Rothwell
    Formal recognition as a legitimate government may be a bargaining chip to press the Taliban to respect human rights.
  • 12 Aug 2021
    • Syria
    • Human rights
    • International law

    Syria: The consequences of intellectual failure and moral neglect

    Bob Bowker
    No Western government should abide policy goals that in practice are pursued via collective punishment of Syrian people.
  • 12 Jul 2021
    • South China Sea
    • China
    • Philippines
    • International law

    Whatever happened to the South China Sea ruling?

    Pratik Jakhar
    Five years ago the Philippines largely squandered a crucial legal win. But it’s not too late to marshal support.
  • 2 Jun 2021
    • International law

    Scholar, advocate, judge: James Crawford 1948–2021

    Simon Chesterman
    Australia’s leading international lawyer appeared in more than 100 cases, delivering many a memorable argument.
  • 24 May 2021
    • Space exploration
    • International law

    Why did Australia sign the Moon Treaty?

    Cait Storr
    A decision made under electoral pressure in the 1980s has lasting consequences for policy in the present.
  • 6 May 2021
    • Global Economy
    • Diplomacy
    • The Trans-Pacific Partnership
    • United States
    • India-Australia Relations
    • Australia's Trade
    • Australia's Economy
    • China
    • Technology
    • International law

    Economic diplomacy: Patent politics and trade deal twists

    Greg Earl
    President Biden moves to suspend vaccine patents, RCEP ramps up, IA-CEPA gets a lesson and US dollar reserves tank.
  • 3 May 2021
    • Sustainability
    • Australia
    • Climate change
    • Antarctica
    • Environment
    • International law

    The Davis aerodrome and Australia’s leadership in the Antarctic

    Nengye Liu , Paul Govind
    How can Australia pretend to uphold the ATS while pursuing a project that risks unprecedented ecological impact?
  • 27 Apr 2021
    • Climate change
    • International law
    • United States

    High hopes and hot air on climate change

    Anthony Burke
    Good pledges, moral suasion and new impetus for accountability have yet to sway the recalcitrant.
  • 22 Apr 2021
    • Asia
    • Japan
    • International law

    Toxic reaction to Japan’s Fukushima water dump

    Aristyo Rizka Darmawan
    Experts insist the release of treated radioactive water is not dangerous. Legal challenges might find otherwise.
  • 20 Apr 2021
    • Diplomacy
    • United States
    • Climate change
    • International law

    “America’s back” in the Paris Agreement. For how long?

    Nicholas Chan
    Climate politics is enjoying an optimistic moment, but a Trumpist rerun would be ruinous for environmental diplomacy.
  • 11 Mar 2021
    • Papua New Guinea
    • Human rights
    • International law

    When will PNG establish a National Human Rights Commission?

    Moses Sakai
    Papua New Guinea has launched a commission to fight corruption. Now it needs to do the same to protect human rights.
  • 1 Mar 2021
    • Defence & Security
    • Australian Defence Force
    • Australia
    • International law

    How far would Australia go in defence of the rules-based order?

    Sam Roggeveen
    The way the defence force is structured and the weapons deployed sends a message beyond the words.
  • 16 Feb 2021
    • Antarctica
    • International law

    Antarctica: Working a rules-based system

    Claire Young
    The frozen continent is not fully quarantined from an assertive China, yet myths should not be mistaken for reality.
  • 8 Feb 2021
    • Africa
    • International law

    Chagos: A boundary dispute tips over a sovereignty ruling

    Natalie Klein
    A case between Mauritius and Maldives stands on the ICJ opinion on the former’s claim to the Chagos Archipelago.
  • 28 Jan 2021
    • Australia in the World
    • Human rights
    • International law
    • United Nations

    Australia in focus at the UN Human Rights Council

    Shannon Maree Torrens
    Despite Australia’s history of support for human rights, a formal review offers a serious reality check.

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