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In the spring of 1942, Nazi forces occupying the Ukraine launched a wave of executions targeting the region's remaining Jewish communities. These mass shootings were open, public, and intimate. Although the victims themselves could never testify against their killers, many eyewitnesses could and did identify the perpetrators. Among these communities, three local men from the villages of Serniki, Israylovka, and Gnivan were intimately implicated in such killing operations: Ivan Polyukhovich, a forester in the German-controlled administration; Heinrich Wagner, aVolksdeutscherliaison officer; and Mikolay Berezowsky, a member of the local police force. More than fifty years later, these three men were arrested and brought to trial in Australia for their alleged war crimes. Daviborshch's Cartis more than an account of Holocaust perpetrators who found a safe haven in postwar Australia. It is also the story of the Holocaust in the Ukraine, the War Crimes Act, Nazi policies, and the ways in which future generations translate history into law, archives into proof, and law into justice. Based on a review of previously unexamined historical and legal documents and transcripts,Daviborshch's Cartoffers the first critical examination of Australian attempts to bring alleged Nazi criminals to justice.
Fascists in Exile tells the extraordinary story of the war criminals, collaborators and fascist ultranationalists who were resettled in Australia by the International Refugee Organisation between 1947 and 1952. It explores the far-right backgrounds and continuing political activism of these displaced persons in Australia, adding to our knowledge of the development of Australian anti-communism in the 1950s. These individuals argued that they had been caught between National Socialism and Soviet communism. What might that have meant for their migration and resettlement trajectories? Beyond ‘Nazi-hunting,’ what can this tell us about the challenge they posed to international and national forms, both in Europe and in Australia? This book demonstrates that fascist ideation could not only survive the war’s end but that it continued to be transnational and transcultural. At the same time, anti-fascist protests and then the war crimes investigations of the late 1980s exposed problematic pasts, a legacy with which Australia is still reckoning. The text will appeal to those with an interest in the far right, Australian migration and refugee issues.
A new edition of the preeminent work on the permanent establishment (PE) is a major event in tax law scholarship. Taking into account changes in judicial and administrative practice as well as the Organisation for Economic Co-operation and Development’s (OECD’s) and the United Nation’s (UN’s) work in the three decades since the first edition, the present study brings the analysis up to date with the current internationally accepted interpretation of PE. The analysis is based on more than 720 cases from more than 20 countries, in addition to the OECD and UN model treaties and more than 630 books, articles, and official documents. The increased significance of the digital economy has rendered the traditional concept of PE inadequate for the allocation of taxing jurisdiction over the modern, mobile or digital international business. The author’s in-depth analysis explains the legal elements of the PE principle with attention to their continuing benefit and their shortcomings: criteria defining a PE- place of business, location, right of use, duration, business connection, business activity, ordinary course of business; evidence of a right of use to a place of business; business activities included in the PE concept of the tax treaties; identification of projects offshore and onshore; UN model treaty deviations from the OECD agency clause; distinction between jurisdictions with significant natural resources and countries possessing the capital, technology and know-how necessary to explore and exploit these resources; and how policies in each country may erode the PE concept. The book provides many synopses of court decisions and administrative rulings upon which the analysis is based. In addition to cases previously published in law reports and other publications, a number of unpublished decisions are included. A key word index makes it easy to find what is needed in any particular matter. The PE principle, in one version or another, is used in several thousand tax treaties in force today. This updated comprehensive study reveals the obligations imposed through the use of PE in tax treaties and will continue to be of immeasurable value to tax practitioners and scholars worldwide. In addition, the discussion of whether the notion of PE is an appropriate criterion for taxing jurisdiction in international fiscal law today provides authoritative and insightful food for thought.
This open access volume surveys the state of the field to examine whether a fifth wave of deterrence theory is emerging. Bringing together insights from world-leading experts from three continents, the volume identifies the most pressing strategic challenges, frames theoretical concepts, and describes new strategies. The use and utility of deterrence in today’s strategic environment is a topic of paramount concern to scholars, strategists and policymakers. Ours is a period of considerable strategic turbulence, which in recent years has featured a renewed emphasis on nuclear weapons used in defence postures across different theatres; a dramatic growth in the scale of military cyber capabilities and the frequency with which these are used; and rapid technological progress including the proliferation of long-range strike and unmanned systems. These military-strategic developments occur in a polarized international system, where cooperation between leading powers on arms control regimes is breaking down, states widely make use of hybrid conflict strategies, and the number of internationalized intrastate proxy conflicts has quintupled over the past two decades. Contemporary conflict actors exploit a wider gamut of coercive instruments, which they apply across a wider range of domains. The prevalence of multi-domain coercion across but also beyond traditional dimensions of armed conflict raises an important question: what does effective deterrence look like in the 21st century? Answering that question requires a re-appraisal of key theoretical concepts and dominant strategies of Western and non-Western actors in order to assess how they hold up in today’s world. Air Commodore Professor Dr. Frans Osinga is the Chair of the War Studies Department of the Netherlands Defence Academy and the Special Chair in War Studies at the University Leiden. Dr. Tim Sweijs is the Director of Research at The Hague Centre for Strategic Studies and a Research Fellow at the Faculty of Military Sciences of the Netherlands Defence Academy in Breda.
Hannah McGlade's book bravely addresses the complex and fraught issue of Aboriginal child abuse. She argues that Aboriginal child sexual assault has been formed within the entrenched societal forces of racism, colonisation and patriarchy, yet cast in the Australian public domain as an Aboriginal 'problem', with controversial government responses critiqued as racist and paternalistic. McGlade highlights that non-Aboriginal society has yet to acknowledge the traumatic impacts of the sexual assault on Aboriginal children which was part and parcel of the European project of 'civilisation'. She provides detailed analysis of the legal systems response. While child sexual assault is a criminal offence, the Aboriginal experience of the law is tainted. Despite reforms to the law, the courtroom experience is based on re-victimisation and trauma which prevents the fundamental principle of equality before the law. McGlade believes that we should be guided by Indigenous human rights concepts and international Indigenous responses in addressing the problem. In doing so she believes that we can help to stem the harm to future generations.
Aimed at business students, law students, and international students, this sixth edition has been fully updated to include changes in the law. To support the learning process, each of the 12 chapters includes highlighted legal principles and case studies, plus new 'Test Your Understanding' questions to encourage legal research.
International crimes are mostly prosecuted at the national level and domestic judges have to contend with a plethora of divergent judgments from international tribunals and other domestic courts. This book assesses the impact of this legal pluralism, exploring whether divergence can be accepted as regular feature of international criminal justice.
Provides a cutting-edge, nuanced, and multi-disciplinary picture of the Holocaust from local, transnational, continental, and global perspectives Holocaust Studies is a dynamic field that encompasses discussions on human behavior, extremity, and moral action. A diverse range of disciplines – history, philosophy, literature, social psychology, anthropology, geography, amongst others – continue to make important contributions to its scholarship. A Companion to the Holocaust provides exciting commentaries on current and emerging debates and identifies new connections for research. The text incorporates new language, geographies, and approaches to address the precursors of the Holocaust and examine its global consequences. A team of international contributors provides insightful and sophisticated analyses of current trends in Holocaust research that go far beyond common conceptions of the Holocaust’s causes, unfolding and impact. Scholars draw on their original research to interpret current, agenda-setting historical and historiographical debates on the Holocaust. Six broad sections cover wide-ranging topics such as new debates about Nazi perpetrators, arguments about the causes and places of persecution of Jews in Germany and Europe, and Jewish and non-Jewish responses to it, the use of forced labor in the German war economy, representations of the Holocaust witness, and many others. A masterful framing chapter sets the direction and tone of each section’s themes. Comprising over thirty essays, this important addition to Holocaust studies: Offers a remarkable compendium of systematic, comparative, and precise analyses Covers areas and topics not included in any other companion of its type Examines the ongoing cultural, social, and political legacies of the Holocaust Includes discussions on non-European and non-Western geographies, inter-ethnic tensions, and violence A Companion to the Holocaust is an essential resource for students and scholars of European, German, genocide, colonial and Jewish history, as well as those in the general humanities.