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JJ2023BRD205NOTESBRD205: Article notes
International law, racism & social division
The article provides a detailed analysis of Australia's policies and practices towards asylum
seekers, highlighting how these policies have led to human rights violations and potentially
constitute crimes against humanity.
The article begins by providing background information on Australia's policy towards asylum
seekers, noting that since the late 1990s, Australia has adopted increasingly restrictive
policies aimed at deterring asylum seekers from coming to the country. These policies have
included mandatory detention, offshore processing, and turning boats back at sea.
The article goes on to argue that these policies have led to a range of human rights
violations, including the indefinite detention of asylum seekers, the separation of families,
and the mistreatment of children. The article also highlights the harm caused to asylum
seekers who are forced to live in conditions that are often unsafe and unsanitary, and the
psychological harm caused by prolonged detention and uncertainty about their future.
The article then examines the legal implications of Australia's policies, noting that they
potentially constitute crimes against humanity under international law. The authors argue
that Australia's policies have resulted in the systematic and widespread mistreatment of
asylum seekers, which may constitute a crime against humanity. The authors also argue that
Australia's policies have breached its obligations under international human rights law and
refugee law.
Finally, the article concludes by calling on the international community to take action to
address Australia's treatment of asylum seekers. The authors argue that the international
community should hold Australia accountable for its actions and take steps to ensure that
asylum seekers are treated in accordance with international human rights standards.
Henderson, C. (2014). Australia’s Treatment of Asylum Seekers: From Human Rights
Violations to Crimes Against Humanity. Journal of International Criminal Justice, 12(5),
1161–1181. https://doi.org/10.1093/jicj/mqu062
The Cronulla riot was a racially charged conflict that occurred in December 2005 in Cronulla,
a beachside suburb of Sydney. The riot was primarily directed at people of Middle Eastern
appearance, who were perceived as a threat to the local community.
The article argues that the Cronulla riot was the result of a complex interplay of social,
political, and economic factors. These factors included:
1. A sense of social marginalization among young, working-class men in Cronulla, who
felt that their local community was under threat from outsiders.
2. A history of racist attitudes and xenophobia in Australian society, which was
exacerbated by the events of September 11, 2001 and the subsequent "War on
Terror."
3. A media campaign that stoked fear and anxiety about the supposed threat posed by
people of Middle Eastern appearance.
, JJ2023BRD205NOTES
4. The failure of government and law enforcement agencies to address the underlying
social and economic problems in the area, such as unemployment and lack of
access to social services.
The article suggests that the Cronulla riot can be understood as an example of "racialized
geography," or the way in which race and ethnicity are used to define and divide urban
spaces. In the case of Cronulla, the suburb was defined as a white, working-class enclave
that was under threat from outsiders, particularly those of Middle Eastern appearance.
The article also notes that the Cronulla riot was not an isolated incident, but rather part of a
broader trend of racist violence and xenophobia in Australia and other countries. The article
suggests that addressing the underlying social, economic, and political factors that
contribute to these tensions is essential for preventing future outbreaks of violence.
Poynting, S. (2006). What caused the Cronulla riot? Race & Class, 48(1), 85–92.
https://doi.org/10.1177/030639680604800116
Crimes at sea
The article highlights the various legal issues that arise in the cruise industry and the
challenges that the industry faces in navigating these issues.
The article begins by providing background information on the cruise industry, noting that it
has experienced significant growth in recent years. The article then goes on to discuss the
legal issues that arise in the industry, including maritime law, contract law, and consumer
protection law.
The article provides a comprehensive overview of the various legal frameworks that apply to
the cruise industry. The author explains the basics of maritime law, including the law of the
sea and admiralty law, and how these laws apply to the cruise industry. The author also
discusses contract law and the importance of the terms and conditions of cruise contracts.
The article also examines consumer protection laws that apply to the cruise industry,
including the Cruise Vessel Security and Safety Act and the Passenger Bill of Rights. The
author notes that these laws are important in protecting the rights of passengers and
ensuring their safety while on board a cruise ship.
The article also highlights the challenges that the cruise industry faces in navigating the
various legal issues that arise. The author notes that the international nature of the industry
can create difficulties in applying laws from different jurisdictions, and that the industry also
faces challenges in responding to incidents that occur on board ships.
Finally, the article concludes by emphasizing the importance of a comprehensive legal
framework for the cruise industry. The author notes that the industry must be proactive in
addressing legal issues and ensuring that passengers are protected and their rights are
respected
The following are the different laws discussed in the article, along with their definitions:
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