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The problem of who qualifies as a 'people' and what the content of the right is becomes particularly acute when the right to self-determination bumps up against that bedrock of international law, national sovereignty. In some cases, the problem goes away by agreement. The sad truth is that each side adopts the rhetoric that suits it and the result depends on the balance of political powers which each can muster.
My optimism in previous essays on Ukraine continues to be undermined by the remarkable capacity of all players in this tragic drama – the government in Kiev, the rebels in East Ukraine, and their respective backers in NATO and Moscow – to dig in stubbornly and refuse to compromise goals in this now very nasty civil war.
'Undoubtedly there are many challenges confronting our elected leaders in dealing with violent crime and with pathological sex offenders. But long-term sustainable solutions must be based on respect for judicial independence and for the role of the legal profession.' Frank Brennan addresses the Queensland Council for Civil Liberties at The Irish Club, 175 Elizabeth St, Brisbane 8 July 2014.
Australians are understandably shocked at the sentencing of Peter Greste in Egypt. They may wonder what the Government can do for those caught up in the vagaries of a foreign legal system. The answer is, not much. The international order is still largely based on national sovereignty. We do not need to look to Egypt to see how this can allow a multitude of injustices to go unpunished — we need only ask our neighbours, the Indonesians.
While pro-Russian and pro-Western media have been spinning the Crimea crisis as either a heroic exercise in righting a past wrong or a land grab by a new Hitler, the legal position is far from straightforward, and there is more than enough hypocrisy to go around. The Crimean issue is perhaps best analysed not through the prism of international law but rather that of age-old great power politics.
No one can deny the impact Francis has had. The question remains whether the differences between him and his predecessor Pope Benedict XVI are a matter of style or substance. Francis has downplayed the prospects of major doctrinal changes, yet the rehabilitation of liberation theology and the bringing in from the cold of outspoken 'extreme centrist' theologian Cardinal Walter Kasper do reveal a fundamental shift.
In the face of the Federal Government's resolve to be unemotional in its attitude to financial assistance for Qantas, we have Bill Shorten warning us against 'waving goodbye to an Australian icon'. Underlying mention of Qantas as an 'Australian icon' could be the sentiment associated with the 1990s resurgence of nationalism and its racist undertones associated with Pauline Hanson.
'Three decades on, Queensland once again has a premier who finds some political advantage in skewing the balance between law and order, impugning the integrity and vocation of the legal profession. He has described defence lawyers as hired guns.' Professor Frank Brennan SJ addresses the Queensland Law Society Dinner, 30 years on from his book Too Much Order with Too Little Law.
Scott Morrison is the first Immigration Minister to inspect ADF facilities. There has always been cooperation between the Defence Force and other government agencies, but Operation Sovereign Borders has radically changed the playing field. Indonesia's politicians might relish the irony of seeing in Australia an increasing interpenetration of military and civilian hierarchies — something that Australians used to see as a fault in Indonesia.
In the Australian migration debate, 'passion' is construed as opposed to 'reason'. But the former Archbishop of Canterbury Rowan Williams has said that 'passion' in its classical (ancient or biblical) sense, is not opposed to reason (being attuned to the world), but rather to 'peace' or 'harmony'. Therefore 'passionate' language — alongside practical proposals — can unsettle uncritical pictures of the issue.
Those who campaign for more humane treatment of asylum seekers cannot keep assuming that the elements of the debate that matter to them most are the most persuasive. The hardest thing to accept may be that the socioeconomic anxieties for which immigration serves as proxy, as well as the insecurity and resentment generated by state impotence and political opportunism, do not necessarily make for 'bad' people.
It is now weeks since any asylum seekers arrived in Australia, and under the Abbott Government there have been no reported deaths at sea involving Australian border protection interception action or failure to act. This is a striking improvement on the high death rate under the Rudd and Gillard governments. Tony Abbott has kept his pre-election promise to stop the boats, but at what huge cost!
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