Ben Saul
Biographic Data
| ID | 4286954 |
|---|---|
| NAME | Ben Saul |
| GIVEN NAMES | Ben |
| FAMILY NAME | Saul |
| SIGNATURE | BEN SAUL |
| AFFILIATIONS | The University of Sydney |
| VERIFIED | No |
| TOTAL WORKS | 31 |
| TOTAL CITATIONS | 20 |
| AUTHOR COUNT | 27 |
| EDITOR COUNT | 4 |
| FIRST PUBLICATION YEAR | 2000 |
| LATEST PUBLICATION YEAR | 2021 |
| H-INDEX | 3 |
From conflict to complementarity: Reconciling international counterterrorism law and international humanitarian law
This article clarifies the ongoing confusion in doctrine and practice about both the actual and optimal interaction between international counterterrorism law (CTL) and international humanitarian law (IHL) in armed conflict. It discusses the advantages and disadvantages of the co-application of CTL with IHL, before considering a variety of techniques for mutually accommodating the interests of both regimes, particularly through partial exclusion …
The Oxford Handbook of International Law in Asia and the Pacific
The growing economic and political significance of Asia has exposed a tension in the modern international order. Despite expanding power and influence, Asian states have played a minimal role in creating the norms and institutions of international law; today they are the least likely to be parties to international agreements or to be represented in international organizations. That is changing. There is widespread scholarly and practitioner inter…
Oxford Handbook of International Law in Asia and the Pacific
The Legal Protection of Refugees with Disabilities: Forgotten and Invisible?
This ground-breaking book focuses on the 'forgotten refugees', detailing people with disabilities who have crossed borders in search of protection from disaster or human conflict. The authors explore the intersection between one of the oldest international human rights treaties, the 1951 Convention relating to the Status of Refugees, with one of the newest: the Convention on the Rights of Persons with Disabilities (CRPD). Drawing on fieldwork in …
The Legal Relationship between Terrorism and Transnational Crime
This article examines the legal relationship between terrorism and other transnational crimes. It considers how terrorist groups instrumentally commit other transnational crimes in order to support their terrorist activities, as well as when terrorist acts can qualify as other transnational crimes. The overlap and differentiation between terrorism and transnational organised crime is explored by reference to the un Transnational Organised Crime C…
The International Covenant on Economic, Social and Cultural Rights: Travaux Preparatoires, Volume II
This book collects the drafting records of the one of the world’s two foremost human rights treaties, the International Covenant on Economic, Social and Cultural Rights (ICESCR) of 1966. It makes a contribution to understanding the origins and meaning of economic and social rights, which were drafted over almost two decades between 1947 and 1966. There is increasing global interest in the stronger protection of economic, social, and cultural righ…
The International Covenant on Economic, Social and Cultural Rights: Travaux Préparatoires, Volume I
This book collects the drafting records of the one of the world’s two foremost human rights treaties, the International Covenant on Economic, Social and Cultural Rights (ICESCR) of 1966. It makes a contribution to understanding the origins and meaning of economic and social rights, which were drafted over almost two decades between 1947 and 1966. There is increasing global interest in the stronger protection of economic, social, and cultural righ…
He Mekong: A Socio-Legal Approach to River Basin Development
The Mekong: A Socio-Legal Approach River Basin Development. By Ben Boer, Philip Hirsch, Fleur Johns, Ben Saul and Natalia Scurrah. Abingdon, Oxon: Routledge, 2016. Softcover: 251pp. This book is impressive assemblage of scholarship by four professors of and one researcher in human and environmental geography--all based at Australian universities. In eight chapters that bear no single author identification, the book presents the and hydropower dev…
Indigenous Peoples and Human Rights: International and Regional Jurisprudence
"Indigenous Peoples and Human Rights explores how general human rights standards have enabled, empowered and constrained indigenous peoples in claiming and defending their essential economic, social, cultural, civil and political interests. The book examines the jurisprudence of United Nations treaty committees and regional human rights bodies (in Africa, the Americas and Europe) that have interpreted and applied human rights standards to the spe…
The Mekong: A Socio-legal Approach to River Basin Development
An international river basin is an ecological system, an economic thoroughfare, a geographical area, a font of life and livelihoods, a geopolitical network and, often, a cultural icon. It is also a socio-legal phenomenon. This book is the first detailed study of an international river basin from a socio-legal perspective. The Mekong River Basin, which sustains approximately 70 million people across Cambodia, China, Laos, Myanmar, Thailand and Vie…
The status of Western Sahara as occupied territory under international humanitarian law and the exploitation of natural resources
Much of the international legal analysis of dealings in natural resources in Western Sahara has focused on its status as a Non-Self-Governing Territory, as well as the right of self-determination of the Sahrawi people. Surprisingly overlooked in the legal debates is a close examination of the application of the international law of occupation under international humanitarian law (IHL). This article considers whether and why Western Sahara is ‘occ…
The International Covenant on Economic, Social and Cultural Rights: Commentary, Cases, and Materials
The International Covenant on Economic, Social and Cultural Rights is one of the most important human rights treaties in international law. This comprehensive collection of primary materials and analytical commentary is ideal reading for scholars, students, and practitioners working on issues of economic, cultural, and social rights
To 'Promote, Protect and Ensure: Overcoming Obstacles to Identifying Disability in Forced Migration
Every year, millions of people are forcibly displaced as a result of natural or human-made disasters. Although a significant proportion are persons living with a disability, remarkably little is known about the incidence and type of disabilities they experience. To design services that best respect rights and address needs, effective procedures must be devised to identify persons with disabilities in situations of displacement. This article draws…
China, Natural Resources, Sovereignty and International Law
This article explores China’s attitudes towards the regulation of key natural resources by international law, domestically and at the trans-boundary and international levels. It considers the impact of international law on China’s own practices, and the contribution of China towards shaping international law. The article suggests that popular conceptions of a relatively isolated, sovereign absolutist China do not accord with contemporary legal re…
Fair Shake of the Sauce Bottle’: Fairer Asio Security Assessments of Refugees
The issuing of adverse security assessments by the Australian Security Intelligence Organisation ('ASIO') often denies basic procedural fairness to those who are not Australian citizens, permanent residents or special purpose visa holders. Over the years the problem has been exposed by cases in the federal courts, the Australian Law Reform Commission (calling for an inquiry in 2004), and academics
Human Rights in the Asia-Pacific Region: Towards Institution Building
Introduction: Regional Integration and Human Rights Monitoring Institutions, Hitoshi Nasu Part 1: International Institutions 1. The Engagement of Asia-Pacific States with the UN Human Rights Committee: Reporting and Individual Petitions, Ivan Shearer and Naomi Hart 2. Human Rights Monitoring Institutions and Multiculturalism, Nisuke Ando 3. Challenges to a Human Rights Mechanism in the Asia-Pacific Region: The Experience of the Universal Periodic…
Legislating from a Radical Hague: The United Nations Special Tribunal for Lebanon Invents an International Crime of Transnational Terrorism
In 2011, the Appeals Chamber of the UN Special Tribunal for Lebanon purported to identify a customary international crime of transnational terrorism and applied it in interpreting domestic terrorism offences under Lebanese law. This article argues that the Tribunal's decision was incorrect because all the sources of custom relied upon by the Appeals Chamber – national legislation, judicial decisions, regional and international treaties, and UN re…
Throwing Stones at Streetlights or Cuckolding Dictators? Australian Foreign Policy and Human Rights in the Developing World
The history of Australian human rights policy in the developing world is chequered. Australia's most consistent contribution has been in socio-economic rights through its aid programme, and in its support for decolonisation. During the Cold War, a premium was placed on civil rights, in ideological opposition to communism. After the activism of the Evatt era from 1945 to 1949, and a hiatus until 1972, renewed engagement with multilateral instituti…
Human Security and Non-Citizens: Law, Policy and International Affairs
The past decades have seen enormous changes in our perceptions of 'security', the causes of insecurity and the measures adopted to address them. Threats of terrorism and the impacts of globalisation and mass migration have shaped our identities, politics and world views. This volume of essays analyses these shifts in thinking and, in particular, critically engages with the concept of 'human security' from legal, international relations and human …
Migrating to Australia with disabilities: Non-discrimination and the Convention on the Rights of Persons with Disabilities
This article interrogates how the ‘health test’ under Australian immigration law adversely impacts upon the human rights of persons with disabilities who seek to migrate to Australia. The article argues that Australia's longstanding health test for migrants may impose unjustifiable indirect discrimination on some migrants or refugees with disabilities, and thus infringe the equal protection obligation under the Convention on the Rights of Persons…
Terrorism and Torture: An Interdisciplinary Perspective
Terrorism and torture are twin evils that have dominated news headlines - particularly since the horrifying events of 9/11. In this thought-provoking volume, scholars from a diverse range of disciplines examine the complex motivational and situational factors contributing to terrorist acts and state-sponsored torture, and the potential linkage between those two heinous human behaviors. They also consider the strategies that might reduce the threa…
Human Rights and Non‐Discrimination in the ‘War on Terror’ by Daniel Moeckli
Human security and non-citizens: Law, Policy, and International Affairs
The past decades have seen enormous changes in our perceptions of 'security', the causes of insecurity and the measures adopted to address them. Threats of terrorism and the impacts of globalisation and mass migration have shaped our identities, politics and world views. This volume of essays analyses these shifts in thinking and, in particular, critically engages with the concept of 'human security' from legal, international relations and human …
The international protection of journalists in armed conflict and other violent situations
Media reporting of armed conflict and other situations of heightened violence has become increasingly perilous, with large numbers of journalists and other media personnel killed or deliberately targeted because of their professional work, including by government forces and non-government actors. The serious risks to the safety of media personnel raise questions about the adequacy and enforcement of the international legal frameworks available to…
From the Guest Editor: Building the law on genocide
The law of genocide underwent remarkable development in the 1990s, as the two ad hoc international criminal tribunals for Rwanda and the former Yugoslavia responded to complex violence and atrociti
To 'Promote, Protect and Ensure: Overcoming Obstacles to Identifying Disability in Forced Migration
Every year, millions of people are forcibly displaced as a result of natural or human-made disasters. Although a significant proportion are persons living with a disability, remarkably little is known about the incidence and type of disabilities they experience. To design services that best respect rights and address needs, effective procedures must be devised to identify persons with disabilities in situations of displacement. This article draws…
Indigenous Peoples and Human Rights: International and Regional Jurisprudence
"Indigenous Peoples and Human Rights explores how general human rights standards have enabled, empowered and constrained indigenous peoples in claiming and defending their essential economic, social, cultural, civil and political interests. The book examines the jurisprudence of United Nations treaty committees and regional human rights bodies (in Africa, the Americas and Europe) that have interpreted and applied human rights standards to the spe…
The status of Western Sahara as occupied territory under international humanitarian law and the exploitation of natural resources
Much of the international legal analysis of dealings in natural resources in Western Sahara has focused on its status as a Non-Self-Governing Territory, as well as the right of self-determination of the Sahrawi people. Surprisingly overlooked in the legal debates is a close examination of the application of the international law of occupation under international humanitarian law (IHL). This article considers whether and why Western Sahara is ‘occ…
Legislating from a Radical Hague: The United Nations Special Tribunal for Lebanon Invents an International Crime of Transnational Terrorism
In 2011, the Appeals Chamber of the UN Special Tribunal for Lebanon purported to identify a customary international crime of transnational terrorism and applied it in interpreting domestic terrorism offences under Lebanese law. This article argues that the Tribunal's decision was incorrect because all the sources of custom relied upon by the Appeals Chamber – national legislation, judicial decisions, regional and international treaties, and UN re…
Definition of “Terrorism” in the UN Security Council: 1985–2004
International debate about the problems of defining terrorism historically centred on the General Assembly. Yet, between 1985 and 2001, the Security Council adopted a range of measures addressing terrorist threats to peace and security, and analysis of the incidents involved reveals much about the Council's understanding of terrorism. After September 2001, problems of definition became acute, since the Council adopted general legislative measures…
Cultural Nationalism, Self-Determination and Human Rights in Bhutan
Since 1990, over 96,000 people have fled from Bhutan to refugee camps in Nepal, or were born in exile to refugee parents. The causes of exile remain deeply contested. Refugee leaders claim that they are victims of ethnic and religious discrimination (including torture) arising out of arbitrary, absolutist politics. The Bhutanese Government, an hereditary monarchy, responds that the refugees are illegal immigrants from Nepal, discovered and expell…
Genetic Policing: Forensic DNA Testing in New South Wales
International Terrorism as a European Crime: The Policy Rationale for Criminalization
Definition of “Terrorism” in the UN Security Council: 1985–2004
International debate about the problems of defining terrorism historically centred on the General Assembly. Yet, between 1985 and 2001, the Security Council adopted a range of measures addressing terrorist threats to peace and security, and analysis of the incidents involved reveals much about the Council's understanding of terrorism. After September 2001, problems of definition became acute, since the Council adopted general legislative measures…
Two Justifications for Terrorism a Moral Legal Response
The Legal Response of the League of Nations to Terrorism
Terrorism was first confronted as a discrete subject matter of international law by the international community in the mid 1930s, following the assassination of a Yugoslavian king and a French foreign minister by ethnic separatists. The League’s attempt to generically define terrorism in an international treaty prefigured many of the legal, political, ideological and rhetorical disputes which came to plague the international community’s attempts …
From the Guest Editor: Building the law on genocide
The law of genocide underwent remarkable development in the 1990s, as the two ad hoc international criminal tribunals for Rwanda and the former Yugoslavia responded to complex violence and atrociti
The international protection of journalists in armed conflict and other violent situations
Media reporting of armed conflict and other situations of heightened violence has become increasingly perilous, with large numbers of journalists and other media personnel killed or deliberately targeted because of their professional work, including by government forces and non-government actors. The serious risks to the safety of media personnel raise questions about the adequacy and enforcement of the international legal frameworks available to…
Terrorism and Torture: An Interdisciplinary Perspective
Terrorism and torture are twin evils that have dominated news headlines - particularly since the horrifying events of 9/11. In this thought-provoking volume, scholars from a diverse range of disciplines examine the complex motivational and situational factors contributing to terrorist acts and state-sponsored torture, and the potential linkage between those two heinous human behaviors. They also consider the strategies that might reduce the threa…
Human Rights and Non‐Discrimination in the ‘War on Terror’ by Daniel Moeckli
Human security and non-citizens: Law, Policy, and International Affairs
The past decades have seen enormous changes in our perceptions of 'security', the causes of insecurity and the measures adopted to address them. Threats of terrorism and the impacts of globalisation and mass migration have shaped our identities, politics and world views. This volume of essays analyses these shifts in thinking and, in particular, critically engages with the concept of 'human security' from legal, international relations and human …
Human Security and Non-Citizens: Law, Policy and International Affairs
The past decades have seen enormous changes in our perceptions of 'security', the causes of insecurity and the measures adopted to address them. Threats of terrorism and the impacts of globalisation and mass migration have shaped our identities, politics and world views. This volume of essays analyses these shifts in thinking and, in particular, critically engages with the concept of 'human security' from legal, international relations and human …
Migrating to Australia with disabilities: Non-discrimination and the Convention on the Rights of Persons with Disabilities
This article interrogates how the ‘health test’ under Australian immigration law adversely impacts upon the human rights of persons with disabilities who seek to migrate to Australia. The article argues that Australia's longstanding health test for migrants may impose unjustifiable indirect discrimination on some migrants or refugees with disabilities, and thus infringe the equal protection obligation under the Convention on the Rights of Persons…
Human Rights in the Asia-Pacific Region: Towards Institution Building
Introduction: Regional Integration and Human Rights Monitoring Institutions, Hitoshi Nasu Part 1: International Institutions 1. The Engagement of Asia-Pacific States with the UN Human Rights Committee: Reporting and Individual Petitions, Ivan Shearer and Naomi Hart 2. Human Rights Monitoring Institutions and Multiculturalism, Nisuke Ando 3. Challenges to a Human Rights Mechanism in the Asia-Pacific Region: The Experience of the Universal Periodic…
Legislating from a Radical Hague: The United Nations Special Tribunal for Lebanon Invents an International Crime of Transnational Terrorism
In 2011, the Appeals Chamber of the UN Special Tribunal for Lebanon purported to identify a customary international crime of transnational terrorism and applied it in interpreting domestic terrorism offences under Lebanese law. This article argues that the Tribunal's decision was incorrect because all the sources of custom relied upon by the Appeals Chamber – national legislation, judicial decisions, regional and international treaties, and UN re…
Throwing Stones at Streetlights or Cuckolding Dictators? Australian Foreign Policy and Human Rights in the Developing World
The history of Australian human rights policy in the developing world is chequered. Australia's most consistent contribution has been in socio-economic rights through its aid programme, and in its support for decolonisation. During the Cold War, a premium was placed on civil rights, in ideological opposition to communism. After the activism of the Evatt era from 1945 to 1949, and a hiatus until 1972, renewed engagement with multilateral instituti…
Fair Shake of the Sauce Bottle’: Fairer Asio Security Assessments of Refugees
The issuing of adverse security assessments by the Australian Security Intelligence Organisation ('ASIO') often denies basic procedural fairness to those who are not Australian citizens, permanent residents or special purpose visa holders. Over the years the problem has been exposed by cases in the federal courts, the Australian Law Reform Commission (calling for an inquiry in 2004), and academics
China, Natural Resources, Sovereignty and International Law
This article explores China’s attitudes towards the regulation of key natural resources by international law, domestically and at the trans-boundary and international levels. It considers the impact of international law on China’s own practices, and the contribution of China towards shaping international law. The article suggests that popular conceptions of a relatively isolated, sovereign absolutist China do not accord with contemporary legal re…
The International Covenant on Economic, Social and Cultural Rights: Commentary, Cases, and Materials
The International Covenant on Economic, Social and Cultural Rights is one of the most important human rights treaties in international law. This comprehensive collection of primary materials and analytical commentary is ideal reading for scholars, students, and practitioners working on issues of economic, cultural, and social rights
To 'Promote, Protect and Ensure: Overcoming Obstacles to Identifying Disability in Forced Migration
Every year, millions of people are forcibly displaced as a result of natural or human-made disasters. Although a significant proportion are persons living with a disability, remarkably little is known about the incidence and type of disabilities they experience. To design services that best respect rights and address needs, effective procedures must be devised to identify persons with disabilities in situations of displacement. This article draws…
The Mekong: A Socio-legal Approach to River Basin Development
An international river basin is an ecological system, an economic thoroughfare, a geographical area, a font of life and livelihoods, a geopolitical network and, often, a cultural icon. It is also a socio-legal phenomenon. This book is the first detailed study of an international river basin from a socio-legal perspective. The Mekong River Basin, which sustains approximately 70 million people across Cambodia, China, Laos, Myanmar, Thailand and Vie…
The status of Western Sahara as occupied territory under international humanitarian law and the exploitation of natural resources
Much of the international legal analysis of dealings in natural resources in Western Sahara has focused on its status as a Non-Self-Governing Territory, as well as the right of self-determination of the Sahrawi people. Surprisingly overlooked in the legal debates is a close examination of the application of the international law of occupation under international humanitarian law (IHL). This article considers whether and why Western Sahara is ‘occ…
The International Covenant on Economic, Social and Cultural Rights: Travaux Preparatoires, Volume II
This book collects the drafting records of the one of the world’s two foremost human rights treaties, the International Covenant on Economic, Social and Cultural Rights (ICESCR) of 1966. It makes a contribution to understanding the origins and meaning of economic and social rights, which were drafted over almost two decades between 1947 and 1966. There is increasing global interest in the stronger protection of economic, social, and cultural righ…
The International Covenant on Economic, Social and Cultural Rights: Travaux Préparatoires, Volume I
This book collects the drafting records of the one of the world’s two foremost human rights treaties, the International Covenant on Economic, Social and Cultural Rights (ICESCR) of 1966. It makes a contribution to understanding the origins and meaning of economic and social rights, which were drafted over almost two decades between 1947 and 1966. There is increasing global interest in the stronger protection of economic, social, and cultural righ…
He Mekong: A Socio-Legal Approach to River Basin Development
The Mekong: A Socio-Legal Approach River Basin Development. By Ben Boer, Philip Hirsch, Fleur Johns, Ben Saul and Natalia Scurrah. Abingdon, Oxon: Routledge, 2016. Softcover: 251pp. This book is impressive assemblage of scholarship by four professors of and one researcher in human and environmental geography--all based at Australian universities. In eight chapters that bear no single author identification, the book presents the and hydropower dev…
Political science (27 works) · Law (23 works) · Law (17 works) · International Law and Human Rights (16 works) · Sociology (16 works) · Human rights (15 works) · Politics (10 works) · Terrorism (9 works) · Criminology (7 works) · Global Peace and Security Dynamics (7 works)