Papers by Andrew Garwood-Gowers
Olivier Corten, The Law Against War: The Prohibition On The Use Of Force In Contemporary International Law (Hart Publishing, 2010) 569 pp
QUT Law Review, 2013
R2P Ten Years After the World Summit: Explaining Ongoing Contestation over Pillar III
Global Responsibility to Protect, 2015
China's “Responsible Protection” Concept: Reinterpreting the Responsibility to Protect (R2P) and Military Intervention for Humanitarian Purposes
Asian Journal of International Law, 2015
China and the "responsibility to protect": The implications of the libyan intervention
Israel's Airstrike on Syria's Al-Kibar Facility: A Test Case for the Doctrine of Pre-emptive Self-Defence?
Journal of Conflict and Security Law, 2011
Abstract This article analyses the legality of Israel's 2007 airstrike on an alleged Syrian ... more Abstract This article analyses the legality of Israel's 2007 airstrike on an alleged Syrian nuclear facility at Al-Kibaran incident that has been largely overlooked by international lawyers to date. The absence of a threat of imminent attack from Syria means Israel's ...
This article assesses the extent to which the recently formulated Chinese concept of "Responsible... more This article assesses the extent to which the recently formulated Chinese concept of "Responsible Protection" (RP) offers a valuable contribution to the normative debate over R2P's third pillar following the controversy over military intervention in Libya. While RP draws heavily on previous proposals such as the original 2001 ICISS report and Brazil's "Responsibility while Protecting" (RwP), by amalgamating and re-packaging these earlier ideas in a more restrictive form the initiative represents a new and distinctive interpretation of R2P. However, some aspects of RP are framed too narrowly to provide workable guidelines for determining the permissibility of military intervention for civilian protection purposes, and should therefore be clarified and refined. Nevertheless, the Chinese proposal remains significant because it offers important insights into Beijing's current stance on R2P. More broadly, China's RP and Brazil's RwP initiatives illustrate the growing willingness of rising, non-Western powers to assert their own normative preferences on sovereignty, intervention and global governance.
The emerging principle of a "responsibility to protect" (R2P) presents a direct challenge to Chin... more The emerging principle of a "responsibility to protect" (R2P) presents a direct challenge to China"s traditional emphasis on the twin principles of non-intervention in the domestic affairs of other states and nonuse of military force. This paper considers the evolution of China"s relationship with R2P over the past ten years. In particular, it examines how China engaged with R2P during the recent Libyan crisis, and considers what impact this conflict may have first, on Chinese attitudes to R2P, and second, on the future development and implementation of the doctrine itself. This paper argues that China"s decision to allow the passage of Security Council resolution 1973, authorising force in Libya, was shaped by an unusual set of political and factual circumstances, and should not be viewed as evidence of a dramatic shift in Chinese attitudes towards R2P. More broadly, controversy over the scope of NATO"s military action in Libya has raised questions about R2P"s legitimacy, which have contributed to a lack of timely international action in Syria. In the short term at least, this post-Libya backlash against R2P is likely to constrain the Security Council"s ability to respond decisively to other civilian protection situations.
The emerging principle of a 'responsibility to protect' (R2P) presents a significant challenge to... more The emerging principle of a 'responsibility to protect' (R2P) presents a significant challenge to the BRICS (Brazil, Russia, India, China and South Africa) states' traditional emphasis on a strict Westphalian understanding of state sovereignty and non-interference in domestic affairs. Despite formally endorsing R2P at the 2005 World Summit, each of the BRICS has, to varying degrees, retained misgivings about coercive measures under the doctrine's third pillar. This chapter examines how these rising powers engaged with R2P during the 2011–2012 Libyan and Syrian civilian protection crises. The central finding is that although all five states expressed similar concerns over NATO's military campaign in Libya, they have been unable to maintain a common BRICS position on R2P in Syria. Instead, the BRICS have splintered into two subgroups. The first, consisting of Russia and China, remains steadfastly opposed to any coercive measures against Syria. The second, comprising the democratic IBSA states (India, Brazil and South Africa) has displayed softer, more flexible stances towards proposed civilian protection measures in Syria, although these three states also remain cautious about the implementation of R2P's coercive dimension. This chapter identifies a number of factors which help to explain this split, arguing that the failure to maintain a cohesive BRICS position on R2P is unsurprising given the many internal differences and diverging national interests between the BRICS members. Overall, the BRICS' ongoing resistance to intervention is unlikely to disappear quickly, indicating that further attempts to operationalize R2P's third pillar may prove difficult.
This article considers the two streams of law that can lead to a conviction for manslaughter unde... more This article considers the two streams of law that can lead to a conviction for manslaughter under the Criminal Code 1899 (Qld). The first stream deals with acts or conduct that cause another's death in circumstances where that death is not an accident, while the second covers those deaths caused by criminal negligence. The article considers how the two streams of law interrelate and, in particular, the extent to which both are available in the same case. Some of the inconsistencies identified by judges in relation to these streams of law are considered and possible solutions are canvassed.
Pre-Emptive Self-Defense: A Necessary Development or the Road to International Anarchy
Aust. YBIL, Jan 1, 2004
52 Australian Year Book of International Law Vol 23 generally focused its efforts on altering the... more 52 Australian Year Book of International Law Vol 23 generally focused its efforts on altering the international community's interpretation of article 51.3 However, the current claim to a right of pre-emptive self-defence involves a reliance on customary international law rather than ...
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Papers by Andrew Garwood-Gowers