An introduction to judicial fact-finding

This article seeks to provide an introduction as to how judges determine facts. It draws on material across a range of jurisdictions as to how judges themselves have described what they do and what they ought to do. It explores what factors judges take into account when deciding whether the evidence of a witness is credible. It examines the difference between recollection and reconstruction of events by witnesses and considers how judges draw inferences from primary facts. The importance of documentary evidence, expert evidence, judicial notice and the giving of reasons in the fact-finding process are also explored.     

The armed struggle and underground intelligence: An overview

This comparative analysis of the dynamics of underground, revolutionary intelligence is based on a generation of analytical association with recent and continuing armed struggles. It is a first effort to depict the unconventional nature of intelligence in an illicit and covert world that is not merely the mirror image of orthodox practice. It is mainly a discussion of strategic and tactical aspects, their structure, focus, and role, as well as special factors such as counterintelligence and heresy, prisoners and foreign contacts. Underground, these are in great part shaped by the aspirations and ideals of the rebels as well as by the special conditions that assure inefficiency in return for cover. The article is, then, a preliminary, general analysis of a largely neglected aspect of unconventional conflict.     

The Irish troubles analyzed

Robert J. Cormack and Robert D. Osborne (eds.), Discrimination and Public Policy in Northern Ireland, Oxford: Clarendon Press, 1991. Pp.288, 37 tables, 8 figures, biblio., index. £27.50. ISBN 0–19–827519–6.

John Fulton, The Tragedy of Belief: Division, Politics, and Religion in Ireland, Oxford: Clarendon Press, 1991, Pp.260, 6 tables, biblio., index. £30. ISBN 0–19–827316–9.

John E. Finn, Constitutions in Crisis: Political Violence and the Rule of Law, New York and Oxford: Oxford University Press, 1991. Pp.274, biblio., index. £28. ISBN 0–19–505738–4.     

Australia's mining interests within Nigeria and Libya: Policies,corruption and conflict

Crude petroleum remains the single most imported commodity into Australia and is sourced from a number of countries around the world (Department of Foreign Affairs and Trade (DFAT), 2011a). While interest in crude petroleum is widespread, in recent years Australia's focus has been drawn to the continent of Africa, where increased political stability, economic recovery and an improved investment climate has made one of the largest oil reserves in the world increasingly more attractive. Despite improvement across the continent, there remain a number of risks which have the potential to significantly damage Australia's economic interests in the petroleum sector, including government policies and legislation, corruption and conflict. The longest exporters of crude petroleum products to Australia – Nigeria and Libya – have been subject to these factors in recent years and, accordingly, are the focus of this paper. Once identified, the impact of political instability, conflict, government corruption and other risk factors to Australia's mining interests within these countries is examined, and efforts to manage such risks are discussed.