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NSWLegal StudiesQuick questions

Option: World Order

Quick questions on Contemporary world order issue: terrorism and the rules-based order

10short Q&A pairs drawn directly from our worked dot-point answer. For full context and worked exam questions, read the parent dot-point page.

What is the definition problem?
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There is no universally accepted definition of "terrorism" in international law. Multiple efforts at a Comprehensive Convention on International Terrorism at the UN have stalled, primarily over disagreement about whether national liberation movements are excluded.
What is security Council Resolution 1373 (2001)?
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After the 11 September 2001 attacks, the UN Security Council adopted Resolution 1373 (2001) under Chapter VII. The resolution requires all member states to:
What is australia's response?
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Australia has one of the most extensive counter-terrorism legislative frameworks in the OECD, developed since 2002.
What is human rights tensions?
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Counter-terrorism law sits in persistent tension with civil and political rights:
What is international law tensions?
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The use of force in counter-terrorism raises jus ad bellum issues. The 2001 US-led invasion of Afghanistan was justified on self-defence grounds under article 51 of the Charter following the 11 September attacks. Subsequent counter-terrorism uses of force (e.g. drone strikes in Pakistan, Yemen and Somalia) are more contested.
What is effectiveness?
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Strengths. Resolution 1373 created a global baseline for counter-terrorism cooperation. Australian agencies disrupted multiple planned attacks between 2014 and 2017. International cooperation between intelligence agencies (Five Eyes; Interpol; the UN CTED) is well-developed.
What is strengths?
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Resolution 1373 created a global baseline for counter-terrorism cooperation. Australian agencies disrupted multiple planned attacks between 2014 and 2017. International cooperation between intelligence agencies (Five Eyes; Interpol; the UN CTED) is well-developed.
What is weaknesses?
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No agreed definition of terrorism limits the reach of international law. State actors have used counter-terrorism language to repress civil and political dissent. The rights costs in domestic counter-terrorism law have been significant.
What is treating Security Council resolutions as advisory?
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Chapter VII resolutions (e.g. Resolution 1373) are binding on all UN members.
What is saying the Lindt Cafe siege resulted in new offences?
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The major Australian counter-terrorism architecture predates the Lindt siege (it was largely enacted between 2002 and 2014). The 2015-2018 amendments added powers (citizenship cessation, declared area offences). :::

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