Law is a sword which can be used to fight injustice or to enforce oppression. Law is both liberator and oppressor. Law is the language we use to speak truth to power in defence of the weak. Law is also the instrument of the powerful against the powerless. This duality in law arises in a number of contexts, including, for example, in the way governments around the world assert legal power extraterritorially over crimes such as money laundering, terrorist activities, child sex tourism, trafficking in persons and migrant smuggling, and, closer to home, in the regulation of whistleblowers. Law is the problem, but it is also the solution.
Adventures in Cross-Border Crime: Crimes such as money laundering, terrorist activities, child sex tourism, trafficking in persons and migrant smuggling are not confined to territorial borders. For this reason, governments can exercise power over conduct that occurs outside their borders. However, they do so with less accountability than when acting locally. This creates an accountability gap in the law. This project considers legal tools for bridging that gap.
Whistleblowing and National Security: Albert Einstein is reported to have observed that ‘the world is a dangerous place, not because of those who do evil, but because of those who look on and do nothing.’ Within organisations, those who speak and act out against inappropriate or unlawful behaviour are known as ‘whistleblowers’. This project identifies and assesses the legal frameworks on whistleblowing in a national security context and argues for legal change.