title: Terrorism, war and international law: the legality of the use of force against Afghanistan in 2001

authors: Williamson, Myra Elsie Jane Bell

subjects: United Nations' Security Council

abstract: The thesis examines the international law pertaining to the use of force by states, in general, and to the use of force in self-defence, in particular.  The main question addressed is whether the use of force, which was purported to be in self-defence, by the United States, the United Kingdom and their allies against al Qaeda, the Taliban and Afghanistan, beginning on 7 October 2001, was lawful.  

The thesis focuses not only on this specific use of force, but also on the changing nature of conflict, the definition of terrorism and on the historical evolution of limitations on the use of force, from antiquity until 2006.  In the six chapters which trace the epochs of international law, the progression of five inter-related concepts is followed: limitations on the resort to force generally, the use of force in self-defence, pre-emptive self-defence, the use of forcible measures short of war, and the use of force in response to non-state actors.

This historical analysis includes a particular emphasis on understanding the meaning of the 'inherent right of self-defence', which was preserved by Article 51 of the United Nations' Charter.  This analysis is then applied to the use of force against Afghanistan which occurred in 2001.  Following the terrorist attacks of 11 September, the US and the UK notified the United Nations Security Council of their resort to force in self-defence under Article 51.  Each element of Article 51 is analysed and the thesis concludes that there are significant doubts as to the lawfulness of that decision to employ force.  In addition to the self-defence justification, other possible grounds for intervention are also examined, such as humanitarian intervention, Security Council authorisation and intervention by invitation.

This thesis challenges the common assumption that the use of force against Afghanistan was an example of states exercising their inherent right to self-defence.  It argues that if this particular use of force is not challenged, it will lead to an expansion of the right of self-defence which will hinder rather than enhance international peace and security.  Finally, this thesis draws on recent examples to illustrate the point that the use of force against Afghanistan could become a dangerous precedent for the use of force in self-defence.

text: Terrorism, war and international law: the legality of the use of force against Afghanistan in 2001 The thesis examines the international law pertaining to the use of force by states, in general, and to the use of force in self-defence, in particular.  The main question addressed is whether the use of force, which was purported to be in self-defence, by the United States, the United Kingdom and their allies against al Qaeda, the Taliban and Afghanistan, beginning on 7 October 2001, was lawful.  

The thesis focuses not only on this specific use of force, but also on the changing nature of conflict, the definition of terrorism and on the historical evolution of limitations on the use of force, from antiquity until 2006.  In the six chapters which trace the epochs of international law, the progression of five inter-related concepts is followed: limitations on the resort to force generally, the use of force in self-defence, pre-emptive self-defence, the use of forcible measures short of war, and the use of force in response to non-state actors.

This historical analysis includes a particular emphasis on understanding the meaning of the 'inherent right of self-defence', which was preserved by Article 51 of the United Nations' Charter.  This analysis is then applied to the use of force against Afghanistan which occurred in 2001.  Following the terrorist attacks of 11 September, the US and the UK notified the United Nations Security Council of their resort to force in self-defence under Article 51.  Each element of Article 51 is analysed and the thesis concludes that there are significant doubts as to the lawfulness of that decision to employ force.  In addition to the self-defence justification, other possible grounds for intervention are also examined, such as humanitarian intervention, Security Council authorisation and intervention by invitation.

This thesis challenges the common assumption that the use of force against Afghanistan was an example of states exercising their inherent right to self-defence.  It argues that if this particular use of force is not challenged, it will lead to an expansion of the right of self-defence which will hinder rather than enhance international peace and security.  Finally, this thesis draws on recent examples to illustrate the point that the use of force against Afghanistan could become a dangerous precedent for the use of force in self-defence.

year: 2007

title: Sex- and season-dependent behaviour in a flightless insect, the Auckland tree weta (Hemideina thoracica)

authors: Wehi, Priscilla M.

subjects: Aggregation

abstract: In a polygynous mating system, males frequently compete by locating and defending sites with resources essential to female survival and reproduction. We investigated seasonal changes in site occupancy in a sexually dimorphic, harem-forming insect, the Auckland tree weta (Hemideina thoracica). First we established artificial cavities as diurnal refuge cavities and potential harem guarding sites. We then examined cavity occupancy changes, and, based on our knowledge of prior occupants, determined sex-specific patterns of arrival, departure, and aggregation at a population level throughout the year. Both season and the sex of prior occupants influenced weta occupancy patterns. Most observations were of single females. However, both males and females moved into cavities previously occupied by a weta of the opposite sex more often than expected by chance alone. Females avoided cavities where other females were present, except during summer when most harems formed. In early summer, male and female tree weta previously living apart began co-habiting. Generally there was little relationship between the number and sex of the weta inside cavities and female departure rates from cavities. Males who were sharing with other males departed cavities more frequently than single males, as might be expected in a polygynous species with male-male combat. Males were less likely to depart if they were sharing a cavity with a harem of more than two females during the summer-autumn period. Analysis of departure rates from artificial cavities indicates males are more mobile than females only in winter and spring. Based on our arrival and departure data, and high occupancy of artificial cavities, we suggest that female weta at this site are mobile and may search for mates during the summer. The data are consistent with a polygynandrous mating system as inferred for other tree weta species (Hemideina spp.).

text: Sex- and season-dependent behaviour in a flightless insect, the Auckland tree weta (Hemideina thoracica) In a polygynous mating system, males frequently compete by locating and defending sites with resources essential to female survival and reproduction. We investigated seasonal changes in site occupancy in a sexually dimorphic, harem-forming insect, the Auckland tree weta (Hemideina thoracica). First we established artificial cavities as diurnal refuge cavities and potential harem guarding sites. We then examined cavity occupancy changes, and, based on our knowledge of prior occupants, determined sex-specific patterns of arrival, departure, and aggregation at a population level throughout the year. Both season and the sex of prior occupants influenced weta occupancy patterns. Most observations were of single females. However, both males and females moved into cavities previously occupied by a weta of the opposite sex more often than expected by chance alone. Females avoided cavities where other females were present, except during summer when most harems formed. In early summer, male and female tree weta previously living apart began co-habiting. Generally there was little relationship between the number and sex of the weta inside cavities and female departure rates from cavities. Males who were sharing with other males departed cavities more frequently than single males, as might be expected in a polygynous species with male-male combat. Males were less likely to depart if they were sharing a cavity with a harem of more than two females during the summer-autumn period. Analysis of departure rates from artificial cavities indicates males are more mobile than females only in winter and spring. Based on our arrival and departure data, and high occupancy of artificial cavities, we suggest that female weta at this site are mobile and may search for mates during the summer. The data are consistent with a polygynandrous mating system as inferred for other tree weta species (Hemideina spp.).

year: 2013

title: Important lessons for trust governance from trusts that benefit New Zealand's Indigenous Maori – Recent developments

authors: Manyam, Joel

abstract: The landmark New Zealand Court of Appeal decision in New Zealand Maori Council v AttorneyGeneral [1987] 1 NZLR 641[SOE Case] marked a watershed in New Zealand's jurisprudence concerning the relationship between the Government of New Zealand('the Crown') and the indigenous Maori peoples of New Zealand. Very recently , New Zealand's highest Court, the Supreme Court in its decision in New Zealand Maori Council v Attorney-General[2013] 3 NZLR 31 referred to the SOE case as follows:
'The SOE case by the Court of Appeal is a judgment of great authority and importance to the law concerning the relationship between the Crown and Maori" (emphasis added)[S3].

text: Important lessons for trust governance from trusts that benefit New Zealand's Indigenous Maori – Recent developments The landmark New Zealand Court of Appeal decision in New Zealand Maori Council v AttorneyGeneral [1987] 1 NZLR 641[SOE Case] marked a watershed in New Zealand's jurisprudence concerning the relationship between the Government of New Zealand('the Crown') and the indigenous Maori peoples of New Zealand. Very recently , New Zealand's highest Court, the Supreme Court in its decision in New Zealand Maori Council v Attorney-General[2013] 3 NZLR 31 referred to the SOE case as follows:
'The SOE case by the Court of Appeal is a judgment of great authority and importance to the law concerning the relationship between the Crown and Maori" (emphasis added)[S3].

year: 2015