5. Personality, statehood, and recognition

This chapter examines the meaning of international legal personality and the range of actors that possess such personality; namely, States, international organizations, individuals, multinational corporations, and several other non-State actors. Given the centrality of States, the criteria for statehood are analysed, and both traditional and contemporary criteria are discussed. Article 1 of the 1933 Montevideo Convention is used for assessment of whether an entity satisfies these criteria, which include: permanent population, a defined territory, government, capacity to enter into foreign relations, and the relevance of human rights. Competing theories regarding the role of recognition by third States as an element of statehood are also considered. Equally, the rights and duties of non-State actors are analysed in terms of capacity conferred upon them under international law.

Federal and State Cooperation Necessary but Not Sufficient for Effective Regional Mental Health Systems: Insights From Systems Modelling and Simulation

Objective: For more than a decade, suicide rates in Australia have shown no improvement despite significant investment in reforms to support regionally driven initiatives. Further recommended reforms by the Productivity Commission call for Federal and State and Territory Government funding for mental health to be pooled and new Regional Commissioning Authorities established to take responsibility for efficient and effective allocation of ‘taxpayer money.’ This study explores the sufficiency of this recommendation in preventing ongoing policy resistance.Method: A system dynamics model of pathways between psychological distress, the mental health care system, suicidal behaviour and their drivers was developed, tested, and validated for a large, geographically diverse region of New South Wales; the Hunter New England and Central Coast Primary Health Network (PHN). Multi-objective optimisation was used to explore potential discordance in the best-performing programs and initiatives (simulated from 2021 to 2031) across mental health outcomes between the two state-governed Local Health Districts (LHDs) and the federally governed PHN. Impacts on suicide deaths, mental health-related emergency department presentations, and service disengagement were explored.Results: A combination of community-based acute care services, family psychoeducation, post-attempt aftercare, and safety planning minimises the number of suicides across the PHN and in the Central Coast LHD (16% reduction; 95% interval, 14.4 – 18.0%), and performs well in the Hunter New England LHD (14.2% reduction, 12.7–15.9%), suggesting that aligned strategic decision making between the PHN and LHDs would deliver substantial impacts on suicide. Results also highlighted a marked trade-off between minimising suicide deaths versus minimising service disengagement. Conclusions: Competing priorities between the PHN and LHDs (each seeking to optimise the different outcomes they are responsible for) can undermine the optimal impact of investments for suicide prevention. Systems modelling provides essential regional decision analysis infrastructure to facilitate coordinated federal and state investments for optimal impacts.

COVID-19 vaccine hesitancy and resistance: Correlates in a nationally representative longitudinal survey of the Australian population

Background High levels of vaccination coverage in populations will be required even with vaccines that have high levels of effectiveness to prevent and stop outbreaks of coronavirus. The World Health Organisation has suggested that governments take a proactive response to vaccine hesitancy ‘hotspots’ based on social and behavioural insights. Methods Representative longitudinal online survey of over 3000 adults from Australia that examines the demographic, attitudinal, political and social attitudes and COVID-19 health behavior correlates of vaccine hesitance and resistance to a COVID-19 vaccine. Results Overall, 59% would definitely get the vaccine, 29% had low levels of hesitancy, 7% had high levels of hesitancy and 6% were resistant. Females, those living in disadvantaged areas, those who reported that risks of COVID-19 was overstated, those who had more populist views and higher levels of religiosity were more likely to be hesitant or resistant while those who had higher levels of household income, those who had higher levels of social distancing, who downloaded the COVID-Safe App, who had more confidence in their state or territory government or confidence in their hospitals, or were more supportive of migration were more likely to intend to get vaccinated. Conclusions Our findings suggest that vaccine hesitancy, which accounts for a significant proportion of the population can be addressed by public health messaging but for a significant minority of the population with strongly held beliefs, alternative policy measures may well be needed to achieve sufficient vaccination coverage to end the pandemic.

Improving Inter-Agency Data Sharing Through Linkage Spine Interoperability

IntroductionLinkage of Federal Government data in Australia is conducted primarily through Accredited Integrating Authorities (AIAs). These agencies hold different dataset from Commonwealth and state/territory government agencies. Historically, linkage projects involving data held by different AIAs has been inefficient, requiring the transfer of identifiable data between agencies, and relinking data that have already been linked by another agency. Objectives and ApproachTwo AIAs (the AIHW and ABS) have developed a system of interoperable linkage spines to address this issue. By using common datasets as a base, the agencies have improved the efficiency and security of linkage projects. This process was developed through an analysis of spine datasets, and two test projects to share data between the agencies. ResultsThe two test projects were successfully able to link cross-portfolio and cross-jurisdictional data without the need to share additional identifying information between the AIAs. Preliminary results suggest a high linkage rate from this process, and work is underway to quantify the linkage quality compared to traditional linkage methodologies. The ABS and AIHW are also investigating the implications for linkage quality as more datasets are included in the agencies’ linkage spines. Conclusion / ImplicationsThe success of this project will increase the efficiency of cross-jurisdictional and cross-portfolio linkage in Australia. It will also allow specialised AIAs to work on datasets where they have specific expertise, and feed these into broader projects. This is expected to have an additional impact on public trust in the linkage system, by minimising the sharing of personally identifiable information while still maintaining high quality linkage.

Succession

This chapter examines issues of identity, such as whether changes in a state's population, territory, government, or constitution alter its personality and hence negate its responsibilities. According to Thomas Hobbes, the corporate identity of the state is created and sustained by representation. The state has a corporate identity because it has an authorized representative who speaks and acts in its name. This identity persists as long as the state has a continuous 'chain of succession', or an unbroken series of representatives. The chapter shows that this Hobbesian account of corporate identity solves many of the identity problems that arise in cases of revolution, annexation, secession, absorption, unification, and dissolution.

COVID-19 vaccine hesitancy and resistance: Correlates in a nationally representative longitudinal survey of the Australian population

BackgroundHigh levels of vaccination coverage in populations will be required even with vaccines that have high levels of effectiveness to prevent and stop outbreaks of coronavirus. The World Health Organisation has suggested that governments take a proactive response to vaccine hesitancy ‘hotspots’ based on social and behavioural insights.MethodsRepresentative longitudinal online survey of over 3000 adults from Australia that examines the demographic, attitudinal, political and social attitudes and COVID-19 health behavior correlates of vaccine hesitance and resistance to a COVID-19 vaccine.ResultsOverall, 59% would definitely get the vaccine, 29% had low levels of hesitancy, 7% had high levels of hesitancy and 6% were resistant. Females, those living in disadvantaged areas, those who reported that risks of COVID-19 was overstated, those who had more populist views and higher levels of religiosity were more likely to be hesitant or resistant while those who had higher levels of household income, those who had higher levels of social distancing, who downloaded the COVID-Safe App, who had more confidence in their state or territory government or confidence in their hospitals, or were more supportive of migration were more likely to intend to get vaccinated.ConclusionsOur findings suggest that vaccine hesitancy, which accounts for a significant proportion of the population can be addressed by public health messaging but for a significant minority of the population with strongly held beliefs, alternative policy measures may well be needed to achieve sufficient vaccination coverage to end the pandemic.

Derogation of Human Rights and Freedoms in RNM during the State of Emergency Caused by COVID-19

Considering that in times of state of emergency or civil emergency (such as the pandemic caused by COVID 19), governments in many countries around the world have restricted human rights and freedoms through legally binding government decrees. These restrictive measures increasingly raise dilemmas about their effect and possible violations by the government of international norms guaranteeing human rights. The paper aims to analyze whether these restrictive measures set out in the decisions of the Government of the Republic of Northern Macedonia (RNM) are in compliance with the derogations allowed under the European Convention on Human Rights and Freedoms (ECHR) and the positive laws in power. In the framework of this paper is analyzed whether these measures have the sole purpose of protecting the health of citizens or not.The work is limited in terms of time (as long as the state of emergency lasted three months) and territory (government decrees with the force of law).Descriptive, historical, analytical, comparative and citizen survey methods are used in this paper.Government decrees have been analyzed in order to assess whether they were prudent, in accordance with international standards and consequences that they have caused to citizens.The conclusions provide data on whether the management of the situation has been appropriate or not and to what extent it has been effective, as well as how much it has been within the international framework and how they have affected the quality of life of citizens.

Exploring for the Future—a new oil and gas frontier in northern Australia

Exploring for the Future (EFTF) is a four-year, AU$100.5 million initiative from the Australian Government conducted by Geoscience Australia in partnership with state and Northern Territory government agencies, CSIRO and universities to provide new geoscientific datasets for frontier regions. As part of this program, Geoscience Australia acquired two new seismic surveys that collectively extend across the South Nicholson Basin (L120 South Nicholson seismic line) and into the Beetaloo Sub-basin of the McArthur Basin (L212 Barkly seismic line). Interpretation of the seismic has resulted in the discovery of new basins that both contain a significant section of presumed Proterozoic strata. Integration of the seismic results with petroleum systems geochemistry, structural analyses, geochronology, rock properties and a petroleum systems model has expanded the knowledge of the region for energy exploration. These datasets are available through Geoscience Australia’s newly developed Data Discovery Portal: an online platform delivering digital geoscientific information, including seismic locations and cross-section images, and field site and well based sample data. Specifically for the EFTF energy project, a petroleum systems framework with supporting organic geochemical data has been built to access source rock, crude oil and natural gas datasets via interactive maps, graphs and analytical tools that enable the user to gain a better and faster understanding of a basin’s petroleum prospectivity.

Teaching the Whitefella—The Role of Cultural Tourism in Opening Remote Indigenous Art Centres to Non-Indigenous Visitors

This article explores how a remote Aboriginal-owned and -run art centre, Ikuntji Artists in Haasts Bluff, has developed grassroots-level cultural tourism. While not many remote Indigenous art centres engage with the tourism industry, Aboriginal tourism engagement has only recently been identified by the Northern Territory Government as a major business development area. Steered by the member artists and the board, the art centre has been able to create a range of workshops and activities that can be offered to small-scale tour operators. Over the past five years, an arts festival and various workshops for university field students and other small tour operators have been hosted. Member artists, staff and the board as well as the community see cultural tourism as an opportunity to share their culture by way of teaching visitors about the Luritja language, culture and country. Thus, this article argues that art centres can engage meaningfully in cultural tourism and support remote Indigenous communities in the sustainable development of cultural tourism.

5. Personality, statehood, and recognition

This chapter examines the meaning of international legal personality and the range of actors that possess such personality, namely States, international organizations, individuals, multinational corporations, and several other non-State actors. Given the centrality of States, the criteria for statehood are analysed, and both traditional and contemporary criteria are discussed. Article 1 of the 1933 Montevideo Convention is used for assessment of whether an entity satisfies these criteria which include: permanent population, a defined territory, government, capacity to enter into foreign relations, and the relevance of human rights. Competing theories regarding the role of recognition by third States as an element of statehood are also considered. Equally, the rights and duties of non-State actors are analysed in terms of capacity conferred upon them under international law.