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SAUL, BEN (2) answer(s).
 
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ID:   142666


Status of Western Sahara as occupied territory under international humanitarian law and the exploitation of natural resources / Saul, Ben   Article
Saul, Ben Article
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Summary/Abstract 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 ‘occupied territory' under IHL, discussing some of the unique peculiarities that complicate the legal answer. It then considers issues of state responsibility and individual criminal liability under international law for unlawful dealings with natural resources in Western Sahara by Moroccan and foreign companies.
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2
ID:   108147


Throwing stones at streetlights or cuckolding dictators? Austra / Saul, Ben   Journal Article
Saul, Ben Journal Article
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Publication 2011.
Summary/Abstract 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 institutions, in part as a way of influencing human rights in developing countries, came with the Whitlam, Fraser, Hawke/Keating and Rudd governments, while there was some retreat under the Howard government. All governments since the early 1970s have had considerable human rights successes (including through bilateral diplomacy) and some often dramatic failures; most have sacrificed human rights at some point for other strategic objectives. Governments have also struggled with their choice of means in confronting violations. There remains room for Australia to articulate a more effective human rights diplomacy.
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