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COSMOPOLITAN PUTIN’S THIS SEASONS HOT SUMMER

MILITARY GAMBITS FOR 2016 51

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PLEASE THE UN SECURITY COUNCIL

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SINGLE

LIFE

CONTENTS The Facts and Myths: Trade Law Antarctica: What You Need to Know What Whales? Cosmo’s Top Ten Tips for Going Green Working Out International Conflict Common Questions: Human Rights Asylum Opinion Poll

1–2 3–4 5 7–8 9 10 – 11 12

James Kellie Jackson Jasmin Chloe Natalija Miranda

THE FACTS AND MYTHS OF

INTERNATIONAL TRADE & ECONOMIC LAW International trade is one of the most important facets of international law, especially with the important role trade plays in the prosperity of a state in the globalised international community. This article will debunk some of the most common myths and lies orbiting international trade. International trade & finance law heavily controlled by the United States of America FACT

MYTH

The United States is the only member of the World Bank which retains a veto power. Although this power is limited to changes in the World Bank’s structure, it had implications on the bank’s development priorities, and can play a large role in influence and shaping the World Bank’s development outcomes. It is not unreasonable to say that the United States has the power to prevent the World Bank from taking action against its interests, to the detriment of the international community.

The BRICS bank will destabilise the current international trade and finance system FACT

MYTH

The BRICS Bank will not function as the new Bretton-Wood institutions, instead it will simply be another pillar of polarity in the international trade and finance system, for developing nations to go to to seek resources for development projects. Also, the BRICS cannot materially change the laws which govern international trade, they can merely provide another source of funding. The rise of China and other developing nations doesn’t mean that these nations are becoming new law makers. International trade law, like all other international law, needs all states to consent and ratify to a treaty before they can be considered bound.

Counties will always favour their domestic products over foreign products FACT

MYTH

In terms of the law, the Article 3(4) of the General Agreement of Tariffs and Trades asserts that once a foreign good is in a domestic market, it must be treated the same as any domestically produced goods. As far as international law can, it has ensured equal opportunity for foreign and domestic products. However, the consumers are not bound by this, and can choose to independently purchase domestic goods over a foreign product. Countries can’t play favourites, but people can.

The Most Favoured Nation Principle is unfair on developing nations and regions FACT

MYTH

Whilst the most favoured nation makes trade preference difficult for most nations, in the interest of preserving international trade efficacy, the most favoured nation principle has no legal authority for developing countries, allowing them to experience the benefits of of a less regulated trade system, like many nations were able to capitalise on before the introduction of stricter trade laws. Under Article 24(5) of the General Agreement on Tariffs and Trade regional customs and free trade areas are preserved to ensure that trade laws do not retrospectively compromise trade groups.

International law is soft law, so states can do what they want with no consequences FACT

MYTH

International trade law has a specific dispute settlement system that has a mandatory resolution clause, this means that when a state fails to uphold trade agreements, there is a compulsory hearing that is not optional or consensual as with other international laws. This provides predictability and security to the international trade system and entices compliance with agreements. States are forced to consult with each other. Should this fail, and independent panel provides a ruling on the matter which must be complied with, for failure to, uniquely in the international system, brings with it punitive consequences.

International trade laws takes into consideration the longevity of the planet FACT

MYTH

Article 20 of the General Agreement has a list of general exceptions, under which a state is able to suspend its compliance with international trade laws. For example, when it is deemed necessary to protect public morals, human, animal or plant like or health, or the conservation of natural resources, international law recognises that consistency and equality in trade can be suspended in consideration of other global issues. These are just a few of the misconceptions that have been debunked for our international trade law enthusiasts out there. International trade and commerce, whilst obviously international law has stronger and more legitimate enforcement measures. Its important to develop a strong understanding of the topic because many of us, whether youâ&#x20AC;&#x2122;re an international lawyer or the just buying an ice-cream from the local shops, you will will always be only a few degrees of separation away from international trade law.

Antarctica:"What"You"Need"to"Know" Quick"Facts:"" "

Who has a claim in Antarctica and what regulates these?

• Antarctica" has" no" Indigenous" population"or"government."" " • It" is" the" fifth" largest" continent" and"ice"covers"99%"of"it.""

The" Antarctic( Treaty( System( 1961" froze" all" territorial" claims" on" all" sections" of" the" Antarctica" territory."" "" However," the" following" countries" are" the" original" " • Antarctica" was" first" spotted" in" claimant"states:""" ! 1820." Australia"" " " " 5,9"Million"km2" Norway"" " " " 2,5"Million"km2" Why!do!states!care!about! Great"Britain"" " " 1,7"Million"km2" Chile" " " " " 1,25"Million"km2" Antarctica?! Argentina"" " " " 966"Thousand"km2" " " " 450"Thousand"km2" There" are" multiple" reasons" to" care" New"Zealand"" France"" " " " 432"Thousand"km2" about"Antarctica."" " " Perhaps" most" importantly" for" states" are" the" natural" resources" that" Antarctica" is" believed" to" have." A" favoured" figure" among" countries" is" that" Antarctica" holds" 70%" of" the" world’s" fresh" water" and" the" third" largest" Oil" reserves" in" the" world" (200" billion" barrels" of" Oil)." However," exploitation"of"these"natural"resources" is" currently" prohibited" under" international"law."" " Antarctica" is" also" vital" to" the" Earth’s" functioning" and" much" of" what" we" know"about"global"warming"is"based"of" In"addition"to"these"claims,"the"US"and"Russia"have" scientific" research" obtained" from" reserved"rights"to"make"their"own"claims"under"the" Antarctica." Antarctica’s" central" role" in" Antarctic(Treaty(System(1961."" the" Earth’s" functioning" also" sees" the" continent" influence" weather" patterns," water"currents"and"sea"levels."""

Are"state"claims"recognised?" These" claims" are" not" universally" recognised"or"accepted." " However," there" has" been" a" general" pattern" that" only" the" states" with" Antarctica" claims" recognise" other" state’s" Antarctica" claims." For" example," only" four" countries," including" New" Zealand," Norway," the" UK" and" France" recognise" Australia’s" Antarctica"claim.""

Is"Australia’s"claim"of" Antarctica"at"risk?" Very much so. Australia’s presence and capability in Antarctica is limited. Australia is interested in maintaining its science and research activities on the continent, but these activities lack the critical funding they need to survive the coming decades. In light of the international investments and interest being given to Antarctica, it is becoming increasingly obvious that Australia’s claim may not survive after 2048, when the Antarctica Treaty System comes up for renegotiation.

What"will"happen"to"Antarctica?" " The" Antarctica( Treaty( System" is" up" for" renegotiation" in" 2048." Since" 1959," the" international"sphere"has"changed"considerably"so" it" would" be" surprising" if" a" similar" method" to" the" Antarctica"Treaty"System"were"adopted"again." " Of"course"all"that"can"be"done"during"the"next"33" years" is" speculate" as" to" Antarctica’s" fate" and" watch" whilst"countries"plan"their"next"move." For" some" countries," such" as" China," the" next" 33"years" is" just" enough" time" for" them" to" establish" a" solid" footing"on"the"continent"in"order"to"assert"a"claim." For" other" countries" like" Australia" where" interest" in" the" continent" appears" to" be" waning," they" may" become" complacent" and" simply" assume" their" claim"will"remain"after"2048,"without"doing"much" more"to"secure"it."" " However," an" alternative" option" may" see" Antarctica" claims" completely" disestablished." If" this" were" to" happen," it" has" been" largely" speculated" that" the" United" Nations" will" adopt" responsibility"of"Antarctica"and"the"continent"will" accordingly"adopt"a"common"heritage"of"mankind" status."" " All"that"can" really" be" said" at" this" point"in" time" is" watch(this(space."

As 21st century women, we know you’re concerned about 21st century issues, and what bigger threat are we facing at the moment than climate change?! Here are ten simple ways to reduce your environmental impact.

ONE: Recycle Want to make money? Want to save the environment? Porqué no los dos?! Make the most of SA’s container deposit scheme and trade in your bottles and cans to redeem 10c per container. Recycling your cans and bottles prevents them from ending up in waterways or going to landfill, as they are instead reprocessed. In addition to cans and bottles, there are many other types of waste that can be recycled, including cardboard packaging and paper, as well as some less obvious materials like mobile phones, paper clips and aerosol cans. For a full list of recyclable items, check out: http://www.zerowaste.sa.gov.au/athome/fact-sheets

THREE: Re-discover candles Ever wondered what it’s like to be Amish? Well here’s your chance to find out! Pretend you’re living in the 1800s and try going without lights for a while. You may make Thomas Edison turn in his grave, but this will cut big bucks off your electricity bill – and just think about how romantic it will be to eat dinner by candlelight on a regular basis!

TWO: Carpool, utilise public transport, or get on ya bike The average car emits its own weight in carbon dioxide every year. In fact, transportation contributes approximately 16% of Australia’s total greenhouse gas emissions – and three quarters of is from cars alone. However, there are alternative transport options available which are more environmentally friendly. Carpooling would halve your emissions; they would be significantly decreased by catching public transport; or negated completely by cycling or walking wherever practical.

FOUR: Install energy efficient lightbulbs Let’s be honest, no one wants to know what it’s like to be Amish. But never fear, you can decrease your electricity usage simply by changing the type of lightbulbs that you use! Energy saving globes, such as LEDs and CFLs are available from any major supermarket. They cut electricity consumption by around 80% and last up to 25 times as long as regular incandescent lightbulbs, saving approximately $50 off the average household’s (quarterly) electricity bill.

FIVE: Go solar This one will cost a little bit more upfront, but you will reap the rewards in the long run. Besides, if you can afford to waste money buying rubbish like Cosmo then you can probably afford to go solar. Solar panels works by capturing the heat energy from the sun and converting it for use around the house, including for lighting and heating water. It is a more sustainable alternative to using gas and oil for power, and the average solar-powered household saves between $500 and $1000 on their electricity and gas bills annually.

SIX: Shop local – or grow your own! Everyone loves food. But what most people don’t realise is that the food they consume contributes, on average, 2.5 tonnes of carbon dioxide emissions to the atmosphere every year. This is because so much of the food we purchase is sourced internationally and has travelled great distances to end up on our supermarket shelves. Additionally, many of the food industry’s manufacturing and transportation processes rely on oil, which is unsustainable and a pollutant. In contrast, locally sourced, home-grown and homemade food contributes only a fraction of these emissions. It also tastes so much better!

SEVEN: Go vegan Don’t tell Pete Evans, but paleo is out – and vegan is totally in! Going vegan is the most effective way of minimising the environmental impact of your diet. Farming practices contribute over 50% of the world’s human-caused greenhouse gas emissions, and over 56 billion animals are slaughtered for human consumption every year, many of them having spent their entire lives in factory farms or otherwise horrific conditions. However, for every person who becomes vegan, greenhouse gas emissions are halved, and 198 animals are saved every year. Plus, don’t let anyone tell you different – you can make (Instagram) friends with salad. #vegan #organic #raw #crueltyfree

EIGHT: Install a rainwater tank

NINE: Minimise food waste

What the housewives of Australia need to understand as they do the gardening is that if they continue to get their water commercially they will pay a much greater price. Installing a rainwater tank will save both money and the environment, as rainwater can replace water from the mains for all use around the house and garden. Reducing your consumption of freshwater is particularly beneficial because we need freshwater to stay alive, and it is a finite resource.

Every year, the average Australian household throws out up to 20% of the food it purchases, at an annual value of $1036. Nationally, food waste is estimated to be worth $8 billion annually. The environmental impacts of food waste are substantial. Throwing out food wastes the energy it took to manufacture and transport it, and when food rots it produces methane (a greenhouse gas). To minimise your food waste, be mindful of how much food you are cooking, keep an eye on use-by dates, avoid last-minute takeaway, and take a list when you go shopping to avoid purchasing too much food, or things you already have at home.

TEN: Educate yourself – and others Becoming environmentally aware is an ongoing journey. Here are a ways to further educate yourself: 1. Calculate your eco-footprint: http://www.footprintnetwork.org/en /index.php/GFN/page/calculators/. This allows you to see how sustainable your lifestyle is, and where you can make the most improvements. 2. Subscribe to some environmental groups’ mailing lists so that you can keep up to date with the latest environmental news and campaigns. 3. Watch Al Gore’s An Inconvenient Truth and Annie Leonard’s The Story of Stuff. Both provide information regarding the impact that humans have on our environment. 4. Watch David Attenborough’s documentaries. Have an internal debate over whether you are more captivated by nature, or his voice. Decide the answer must be nature, because you are a good environmental citizen.

One$Love,$One$Heart,$ $Lets$Get$Together$and$Feel$All$Right.$

The$guide$for$working$through$international$conflict$ The$most$common$method$used$before$ entering$into$conflict$under$international$ law$is$the$Just$War$Theory.$Jus$ad$bellum$ has$6$categories$that$must$all$be$satisfied$ in$order$to$justify$conflict$with$your$ fellow$opponent.$Here$are$the$questions$ to$ask$yourself$the$next$$time$you$think$ you$may$need$to$use$force.$ $ Just%Cause:$Is$there$a$just$cause$for$my$ actions?$Am$I$protecting$civilians$from$ genocide$or$some$other$catastrophic$ humanitarian$crisis?$ $ Proper%Authority:$Do$I$have$the$UN$ mandate$to$be$doing$what$I$propose$to$ do?$ $ Right%Intention:$Do$I$have$the$right$ intention$for$entering$into$conflict?$Or$do$ I$have$other$ulterior$motives?$ $ Likely%to%succeed:$Am$I$likely$to$succeed$ in$what$I$aim$to$achieve$or$am$I$fighting$a$ lost$cause?$ $ Last%Resort:$Have$I$used$every$ diplomatic$or$economic$alternative$ possible$to$work$out$this$conflict?$ $ Proportionality:$Are$my$actions$ proportional$to$the$goal$we$aim$to$ achieve?$My$actions$must$not$be$extreme$ for$the$objective$of$protecting$people$ from$the$trauma$of$conflict$ $

!!!%–%Things%to%consider%=%!!!% The$JWT$can$be$highly$subjective$and$ manipulated$to$fit$the$interest$of$ states$and$third$parties.$$ $ Will$need$to$consider$jus$post$bellum$ and$the$reconstruction$of$my$ opponent$at$the$end$of$the$conflict.$ Responsibility$doesn’t$cease$to$exist$ post$conflict$$ $

$ $$

Worrying%statistics:%% $ As$more$than$a$third$of$global$peace$ agreements$and$ceasefires$post$1950$have$ within$5$years$relapsed$into$violence$it$ highlights$the$inadequate$role$international$ law$is$having$in$preventing$conflict.$$ $ Solutions?% % Peace$talks$need$to$stop$investigating$ individual$factors$in$conflict$because$they$do$ not$give$a$holistic$picture$of$the$complex$ reality.$Mapping$out$of$all$the$connections$ between$the$parties$in$conflict$and$any$ competing$interests$needs$to$be$part$of$the$ resolution.$$ $ The%elephant%in%the%room:%% % When$trying$to$resolve$conflict$there$is$always$ the$issue$of$alliance$commitments$between$ states.$This$‘insurance$policy’$can$be$an$ effective$method$for$territorial$security$but$can$ affect$relations$with$other$global$states.$$

99%problems%and%technology%is%one:% % The$new$form$of$‘hybrid$war’$has$blurred$the$ traditional$discrepancy$between$conflict$and$ peace.$Discussion$is$needed$within$this$area.$$

Key%Points!%% 1) Look$to$the$end%goals,$what$are$they?$ Will$they$be$achieved$with$your$choice$ of$action?$ 2) Weigh$up$the$end%and%the%means,$as$ well$as$the$short%term%consequences% with%the%long%term%consequences$in$ strategic$planning$ $

Majority of individuals throughout Australia are surprised to learn that minimal legal protection of human rights exist in Australia. It is the only Western country without any official Human Rights Act or Bill of Rights Act. Though individuals in Australia have moderately high standards of living, but human rights issues do exist. For Example, Asylum seekers along with children have been detained in mandatory and indefinite detention centres, several staying up to durations of more than 5 years. Australia has more than 100,000 homeless people with inadequate food, clothing and shelter. Also gay men/women are not protected from discrimination at a federal level and also donâ&#x20AC;&#x2122;t have access to formal relationship recognition. A Human Rights Act could assist in the prevention of human rights violations from occurring and be able to offer remedies of such violations.

Majority of individuals can argue towards a position where we, or somebody close to us was treated dishonestly by government authorities. Though, majority of individuals donâ&#x20AC;&#x2122;t recognise such matters frequently encompass human rights concerns. It has been found that some of the cruellest human rights breaches throughout Australia have occurred to regular people. So, a Human Rights Act could help ensure that human dignity is always respected regardless of who an individual is where they live or what they do. What do we define as ordinary? Individuals who deal with government authorises e.g. Medicare or Centerlink, elderly people living in aged care homes, individuals with mental illness, women with young children seeking to escape domestic violence and people in rural and remotes location exclusive of access to satisfactory wellbeing and education.

Majority of individuals think that the Australian Constitution encompasses human rights protections, which would include the right to free speech for example. However, this is false as The Australian Constitution offers inadequate security for human rights. The Right to vote, the right to trial by jury for certain offence, some protection or human freedom of religion, an implied right to freedom of political communication and the right to be paid by fair price if the government compulsorily acquires your property are examples of rights that are included within the Constitution.

A Human Rights Act is a legislative or statutory charter of rights. Such document wouldnâ&#x20AC;&#x2122;t alter the Parliaments existing powers to create, amended or repeal laws. It is evident that Parliament can alter Human Rights Act if needed, just like any other existing law. Therefore, if Australia devoted their protection of new rights, the Human Rights Act could be amended and updated, preventing the Act from becoming stationary in time. However, though it is evident that countries such as the United States Bill of rights, a Human Rights Act would not be incorporated into the Australian Constitution therefore making it not constitutionally- entrenched.

The Human Rights Act ought to incorporate rights, which are encompassed throughout international agreements where Australia has obligated to witness. The rights encompassed in such instruments are extremely common: such as equality before the law, freedom from torture, cruel or degrading treatment, freedom of expression and the right to vote. The Australian Human Rights Commission considers that a Human Rights Act should also contain economic, social and cultural rights, which would include the right to adequate standard of living, the right to education and the right to the highest attainable standard of physical health. Such rights would ensure equality amongst all individuals in Australia.

Incorporating a Human Rights Act into our legal system can lead the way towards a much more accessible and transparent government. Building a new way in how the Parliament considers the way in which laws will impact human rights. Thus, ensuring the government respects human rights whilst creating their policies. Also warranting that public servants respect human rights while making choices during delivering their serves. This would deliver a variety of enforceable remedies, in the case of any government departments breaching any human rights.

A Human Rights Act is about preventing human rights breaches by the Australian Parliament, policy makers, public servants and public authorities. As it is not about how an individual treats you in their private capacity. If Australia got a Human Rights Act and an individual felt that a government department agency has not respected any human rights as set out within the Act, then that individual would be able to take action in regards to the matter. What you will be able to do will depend on the exact form of the Human Rights Act. For example, one may be able to get the government department to review its decision, make a complaint to the Australian Human Rights Commission or bring the action before a court.

It can often we argued by critics of Human Rights Acts that politicians and unelected judges, ought to have the responsibility of balancing sympathetic issues regarding human rights. As it is said that a Human Rights Act would essentially enable the courts excessive power in making judgments regarding human rights that could encompass complicated policy and financial considerations. Given, the Act would be an ordinary Act of Parliament. It would have to be passed by own elected representatives, therefore making it a democratic document. Australian courts wouldnâ&#x20AC;&#x2122;t be able to attack laws that are inconsistent with a Human Rights Act. Under such an Act, the courts would be undertaking the same responsibility with judges interpreting complicated laws whilst balancing challenging issues in formulating their decisions. Though, if we did have the Act, a court might emphasise the circumstances where laws are inconsistent with human rights as the applicable minster may be needed in explaining to Parliament why we have such a law. But, Parliament would nevertheless partake in the final say concerning whether a law should be kept or not.

Often individuals believe that a Human Rights Act could lead to a flood of costly and time-consuming litigation though there is not evidence this will occur. A Human Rights Act could essentially avoid human rights issues from arising in the first instance, reducing the need to attend court. This should happen if the Act requires Parliament to consider human rights when developing new legislation and if government departments are required to act in accordance with human rights. The United Kingdom for example has had a Human Rights Act since 1998, where ordinary individuals have benefited fro the UK Human Act without having to attend court. As the Act has demonstrated a number of cases involving elderly people using the language and ideas of human rights to convince aged care service providers to respect their dignity.

Given the cases of Abortion and euthanasia being predominately large issues that the Australian community is concerned with, there are resilient arguments that such decisions ought to be left for the Parliament to decide. A Human Rights Act could have minimal influence on such matters. Though a statutory Human Rights Act would be implemented, the Parliament would evidentially have the same power to create or alter laws as they do currently. However, the difference that may come into action is the aspect that the Parliamentary debate maybe concern different human rights issues that would arise.

Data Sourced From: Australian Human Rights Commission, (2015). About a Human Rights Act for Australia. Sydney: Australian Human Rights Commission.

Opinion&poll:&Australians'&views&on&

asylum&seeker&policy&going&into&the&future& A snap shot of what every day Australians think about asylum seeker policy, reproduced exclusively for Cosmopolitanism readers!

The government should turn back boats when it is safe to do so Asylum seekers should be processed offshore in places such as Nauru and Papua New Guinea, before deciding whether they should be settled in Australia

Disagree

Asylum seekers should be granted temporary protection visas which give rights to work and some welfare services but prevent permanent residency, family reunions and overseas travel

All asylum seekers should be processed in Australia whether or not they come by boat

No asylum seeker coming to Australia by boat should be allowed to settle in Australia

Agree

! Data sourced from: Lowy Institute for International Policy. â&#x20AC;&#x153;Lowy Institute Poll 2014.â&#x20AC;? Accessed October 20, 2015. http://www.lowyinstitute.org/publications/lowy-institute-poll-2014.