USQ Law Society Law Review Winter Edition 2021

Page 37

USQ Law Society Law Review

Chelsea Keirsnowski

Winter 2021

factor in the rise of authoritarianism is marked by the increase in power of China and Russia and the consequent rise in tensions with the US. Whilst authoritarianism is not inherently belligerent, the frameworks of democratic institutions promote perpetual peace, while elements of authoritarianism often lead to the contrary, as indicated by the democratic peace theory. This essay will not use evidence based on whether democracies or authoritarian states initiate conflict because the initiating causes of conflict are often multifaceted, and each side tends to blame the other.8 Rather, this essay will engage the debate on the faults of democracies or authoritarian states which initiate conflict. Research concerning the correlation between democracy and lack of war uses different definitions of what constitutes as a democracy, war or armed conflict.9 Some researchers argue that many studies use restricting definitions, resulting in small sample sizes that ignore outliers that may refute the democratic peace theory.10 Despite this, most research shows that many of these outliers are states transitioning to democracy and that there are no wars between mature liberal democracies.11 A further study also supports that democratic states are also less likely to be involved in smaller militarised interstate disputes.12 Democratic peace is attributed to: requiring broad political support in order to mobilise for war; the ensured accountability of governments for their public decisions leading to increased hesitation to initiate war; the use of diplomatic efforts to resolve tensions peacefully; typically possessing wealth and resources that states do not wish to endanger; as well as the tendency to form alliances, collaborate, negotiate and their commercial interdependence.13 Further, democratic states see the same impediments in other democracies and thus can expect a peaceful relationship. Aversion to force is not so apparent in authoritarian foreign policies and this prompts democracies to act with more aggressive policies to protect their liberal democratic policies from being exploited.14 The repressive policies of authoritarian states can create instability through producing violent extremism and refugees attempting to flee.15 Authoritarian states have higher frequency internal systematic 8

Nils Gleditsch, Lene Christiansen and Håvard Hegre 2004, ‘Democratic Jihad? Military Intervention and Democracy’, PRIO (Conference Paper, 20 March 2004) <https://www.prio.org/Publications/Publication/?x=525>. 9 Rudolph Rummel, Power Kills: Democracy as a Method of Nonviolence (Transaction Publishers, 1997); James Ray, ‘A Lakatosian View of the Democratic Peace Research Program’ in Colin Elam and Miriam Elman (eds), Progress in International Relations Theory (MIT Press, 2003) 1; Spencer Weart, Never at War (Yale University Press, 1998). 10 James Ray, ‘Does Democracy Cause Peace?’ (1998) 1 Annual Review of Political Science 27, 89. 11 Edward Mansfield and Jack Snyder, ‘Democratic Transitions, Institutional Strength, and War’ (2002) 56(2) International Organization 297, 297; Rudolph Rummel, Power Kills: Democracy as a Method of Nonviolence (Transaction Publishers, 1997). 12 James Ray, ‘A Lakatosian View of the Democratic Peace Research Program’ in Colin Elam and Miriam Elman (eds), Progress in International Relations Theory (MIT Press, 2003) 1. 13 Christopher Gelpi and Michael Griesdorf, ‘Winners or Losers? Democracies in International Crisis, 1918–94’ (2001) 95(3) American Political Science Review 633; James Ray, ‘A Lakatosian View of the Democratic Peace Research Program’ in Colin Elam and Miriam Elman (eds), Progress in International Relations Theory (MIT Press, 2003) 1; David Leblang and Steve Chan, ‘Explaining Wars Fought by Established Democracies: Do Institutional Constraints Matter?’ (2003) 56(4) Political Research Quarterly 385. 14 Christopher Gelpi and Michael Griesdorf, ‘Winners or Losers? Democracies in International Crisis, 1918–94’ (2001) 95(3) American Political Science Review 633. 15 Jacob Carozza 2017, ‘Democracy is Retreating, Authoritarianism is Rising’, Belfer Center for Science and International Affairs (Article, Fall/Winter 2017/8) <https://www.belfercenter.org/publication/democracyretreating-authoritarianism-rising>.

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USQ LAW SOCIETY LAW REVIEW

2min
pages 1-3

INDIGENOUS SENTENCING COURTS IN AUSTRALIA: A THERAPEUTIC JURISPRUDENTIAL MODEL OR A CATEGORY OF THEIR OWN?

13min
pages 123-129

THERAPEUTIC JURISPRUDENCE SEEKS TO ACHIEVE A CULTURAL AND POLITICAL TRANSFORMATION OF THE LAW. HOW DO THE INDIGENOUS SENTENCING COURTS IN AUSTRALIA CONTRIBUTE TO THAT AIM?

15min
pages 115-121

INDIGENOUS SENTENCING COURTS: ‘WHO WILL I BELONG TO NEXT, WHAT LAWS WILL THEY MAKE FOR ME NOW?’

16min
pages 107-113

INDIGENOUS SENTENCING COURTS ENLARGE THE DISCRETION OF JUDGES, LAWYERS AND THERAPISTS. WHY (OR WHY NOT) IS SUCH A DISCRETION BENEFICIAL TO AUSTRALIAN SOCIETY?

17min
pages 99-106

THE IMPACT OF SETTLER SOVEREIGNTY ON INDIGENOUS CUSTOMARY LAW AND ITS CONTRIBUTION TO THE DISPOSSESSION OF INDIGENOUS AUSTRALIANS

14min
pages 91-97

STUCK BETWEEN A ROCK AND A HARD PLACE: RECOGNIZING INDIGENOUS LAND CLAIMS IN A WESTERN LEGAL SYSTEM.

15min
pages 83-89

YOUTH BOOT CAMPS A COMPARATIVE EVALUATION: A PUNITIVE MEASURE OF AN OPPORTUNITY TO AVOID JUVENILE CRIMINAL RECORDS?

53min
pages 59-82

LEGAL REALISM’S ANALYSIS OF JUDICIAL BEHAVIOUR AND ITS CONTRIBUTION TO JURISPRUDENCE

13min
pages 51-57

INDIVIDUALS HAVE CONSTITUTIONAL RIGHTS BUT CAN JUDGES ALSO CONSIDER NATURAL RIGHTS?

14min
pages 45-50

DEMOCRATIC PEACE THEORY

17min
pages 37-43

THE CARRY OVER EFFECT OF BRENTON TARRANT ON AUSTRALIAN ANTITERRORISM LEGISLATION.

11min
pages 31-36

SHOULD AUSTRALIA FOLLOW THE BRITISH MODEL AND ADMIT BAD CHARACTER EVIDENCE AS SET OUT IN SECTIONS 98-113 OF THE CRIMINAL JUSTICE ACT 2003 (UK)?*

20min
pages 21-29

NATIONHOOD POWER & INTERGOVERNMENTAL IMMUNITIES: WHERE DOES THE POWER VEST*

24min
pages 9-20

EDITOR-IN-CHIEF’S ADDRESS

1min
page 8

LAW REVIEW VICE PRESIDENT’S ADDRESS

1min
page 7

FEMINIST APPROACHES TO SUBSTANTIVE EQUALITY

17min
pages 161-168

CONSTRUCTION DELAYS, EOT’S, TIME BARS, LIQUIDATED DAMAGES AND THE SUPERINTENDENT’S OBLIGATIONS – UNDERSTANDING THE IMPLICATIONS OF DELAYS CAUSED BY THE PRINCIPAL AND THE OPERATION OF THE ‘PREVENTION PRINCIPLE’

19min
pages 183-195

IS FEMINIST LEGAL THEORY ENACTING CHANGE OR IS IT SIMPLY AN EXPLANATION OF THE ROLE THAT LAW HAS PLAYED IN THE SUBORDINATION OF WOMEN?

20min
pages 153-160

BUKTON V TOUNESENDE: HOW MODERN CONTRACT LAW BEGAN ON THE HUMBER

6min
pages 169-172

SMART CONTRACTS – THE FUTURE OF CONSTRUCTION CONTRACTS, OR MERE HYPE?

18min
pages 173-182

INDIGENOUS SENTENCING COURTS: HOW ENLARGED DISCRETION BY JUDGES, LAWYERS AND THERAPISTS CAN BENEFIT AUSTRALIAN SOCIETY

15min
pages 131-138

BARRIERS TO WOMEN IN LAW

12min
pages 145-152

HOW DID THE MARRIED STATE LEAVE A WOMAN VULNERABLE UNDER ENGLISH LAW?

10min
pages 139-144
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