Writer
Andrew Farran
Andrew Farran is former diplomat, trade adviser to government and senior academic (public law including international law). Writes extensively on international affairs and defence, contributing previously to major newspapers (metropolitan and rural). Formerly director of major professional publishing company; now of a major wool growing enterprise.
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Behind the scenes: Section 92, the High Court and State coronavirus border closures
Nearly four months after the High Court ruled in favour of the WA Government against billionaire miner Clive Palmer, who challenged WA’s coronavirus border closure, we have the Court’s reasons for its decision…. Continue reading »
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Carbon tariffs and taxes should not be an item for the WTO
Carbon border tariffs would tie the World Trade Organisation in knots and detract from its core purposes. Such a tax would also discriminate against the poorest in the world. Without broad consensus they would be illegal…. Continue reading »
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Taiwan: to war or not to war, is that the question?
Are we at risk of stumbling into a war with China over Taiwan – as happened in 1914 over a war with a rising Germany? … Continue reading »
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Brexit still not done and dusted?
The lies and misrepresentations spun by Brexiters (and the UK government) ever since the 2016 Referendum are coming home to roost. While niggles and irritations were expected, they were seen as transitional. But major consequences for the British economy are heaping up…. Continue reading »
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Section 92 case decided but Court’s reasons still awaited
If national unity and the Federation were endangered in 2020 it was thanks to the Commonwealth government, the States, and the High Court, which bypassed a fundamental principle of the Constitution designed to secure the Federation and prevent discrimination among the States and their citizens…. Continue reading »
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EU/China investment deal splits the West?
At a time when the United States and China are distancing themselves from each other’s economies, especially in the area of investment and high tech, while at the same time doing their best to undermine the global system for trade and investment, it may seem curious that on 30 December the EU and China concluded… Continue reading »
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Post Brexit? It is not pages of legal text that sustains communities. It is political commitment.
Prime Minister Boris Johnson and his government may have got Brexit across the line, and avoided the embarrassment and discomfort the country would have suffered had they not, but clearly they have not delivered on what was promised at the 2016 referendum…. Continue reading »
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Brexit on the threshold
What will become of Brexit in the next few days? The Chinese may wish their foe to live in interesting times. But nothing that the British and the Europeans could do for themselves could rival the chaos and pandemonium now besetting them across the Strait of Dover. Regardless of deal or no-deal post-Brexit, disruptions to… Continue reading »
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Brexit: The cliff is being pushed further back!
The negotiators have been given a few more days to achieve what they haven’t been able to in more than four years. Has there ever been such a prolonged display of muddled statecraft – negotiations that affect people’s lives and businesses to a far greater degree than in any other deal?… Continue reading »
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Brexit – denouement or disaster
As the process towards a post-Brexit agreement with the EU staggers towards its denouement (or otherwise) the gathering scene is looking increasingly bizarre. What has gone wrong to date is almost bound to go wrong again, as 31 December deadline approaches…. Continue reading »
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What’s the point of FTAs (including RCEP, with China?
With virtual fanfare the much heralded Regional Comprehensive Economic Partnership (RCEP) Regional_Comprehensive_Economic_Partnership was signed this weekend with the ten nation ASEAN group in addition to Australia, China, South Korea, Japan and New Zealand. As with the former 12 nation Trans Pacific Partnership, the United States has withheld its participation. What are these mega trade agreements… Continue reading »
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The High Court and Section 92 again
David Solomon’s item on the above – https://johnmenadue.com/palmer-loses-border-war/ – is headed ‘Palmer loses border war’. It is not just Palmer that lost the war; in one way or another, as Australians, we all have…. Continue reading »
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The wool trade: hostage to intransigence
Animal welfare groups object to the wool industry because of the process of mulesing, a treatment used to protect sheep from fly strike. They argue that mulesing is cruel and invasive regardless of whether painkillers are used. There is, however, an alternative to mulesing that is painless, bloodless and no less protective…. Continue reading »
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Britain facing two potential devastations
Britain is facing two devastations in short order – a further surge in coronavirus cases; and achieving coherence from its imminent departure from the EU. Both will have deleterious effects on future economic growth, though long term from Brexit more so than the virus…. Continue reading »
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Rafferty has taken charge of the ministerial decision making process.
While confusion over the supervision of quarantined returning travellers by private security firms in Victoria may have arisen from exceptional circumstances, a broader question concerning the unfettered exercise of Ministerial (Executive) power has come to the forefront of governing in this country.At stake, as seen, are due process and the liberty of the individual citizen…. Continue reading »
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The High Court must rule on State border controls before more businesses are bankrupted and family relations traumatised.
No government, whether Commonwealth or State, has primacy over movement across State borders. Primacy lies in the Federal Constitution which states in Section 92 that “trade, commerce, and intercourse among the States … shall be absolutely free”. A distribution of powers does not come into it…. Continue reading »
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Brexit – a crash landing in prospect
Brexit is done but its end-shape is not. The final stages of the post-Brexit negotiations are shrouded in mistrust, misrepresentations, and most recently an intended breach of international law. The real intentions of the negotiators, both sides, remain clouded…. Continue reading »
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Under the proposed Foreign Relations Bill the states might be down but they are not out
If Mr Morrison wants to ride roughshod over certain state interests in the external sphere he had better be prepared to brief counsel at the High Court…. Continue reading »
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The longer term consequences of the pandemic may be fewer citizens’ rights
When we require a bureaucrat’s permission to leave the country, or to cross our neighbourhood’s State border, one far removed from any known instance of a viral infection, our rights and liberties are indeed slipping. They are doing so right under our noses…. Continue reading »
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Australia’s dubious record in supporting international law.
As the world descends into power politics, less powerful nations must place their faith, and potentially their security, in the retention and development of a credible international legal system. That credibility turns on the respect and observance given to it by smaller powers…. Continue reading »
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Section 92 of the Constitution lost to shortsightedness
It is a pity that the Commonwealth has formally dropped out of the Clive Palmer challenge in the High Court over State boundary closures as offending Section 92 of the Constitution – though prior to that it had made a written submission to the Court. The issues transcend Mr Palmer’s interests…. Continue reading »
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Out of sight, out of mind. What’s happened to Trade?
Trade does not get the attention it requires as all external issues are viewed through the prism of the defence/intelligence agencies, subordinating the Department of Foreign Affairs and Trade itself. This has become worse since trade was integrated into that department…. Continue reading »
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Aristotle’s citizens and the Constitution
The renowned British economist Martin Wolf, writing in the Financial Times last weekend, has warned that a possible consequence of the Covid-19 pandemic is that “Democracy will fail if we don’t think as citizens”.By citizens he is thinking of a stable middle class without which the state, any true democratic state, risks succumbing to plutocracy…. Continue reading »
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An uncertain six months for Britain, Covid-19 and Brexit. Part 1
Over the next six months Britain may face greater uncertainty about the cohesion of its social and economic fabric than at any time since the threat of German invasion in late 1940…. Continue reading »
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Militarism and Popularism, a dangerous mix
Popularism in defence matters must have its limits. Being carried away on a wave of popularism may be exciting but when reality strikes the repercussions could be severe…. Continue reading »
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Regardless of the EU, the UK’s trading status is about to default to the WTO
The UK has already left the EU. That’s the reality. What remains to be decided, before 31 December, is its future relationship with the EU. But there is more to it than that…. Continue reading »
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Regardless of the EU, the UK’s trading status is about to default to the WTO
The UK has already left the EU. That’s the reality. What remains to be decided, before 31 December, is its future relationship with the EU. But there is more to it than that…. Continue reading »
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ANDREW FARRAN. Brexit Britain – “The lonely little country”
Will Boris Johnson maintain his stance that there will be no extension to the transitional period for completion of the UK/EU Future Relations agreement even though the time remaining is well short of the time required to settle and formalise the myriad of still seriously outstanding matters?… Continue reading »
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ANDREW FARRAN. State border closures and Section 92
It is surprising that there has been little comment on, let alone challenge to, the extent of the States’ overreach with their Covid-19 border closures in the face of Section 92 of the Australian Constitution. This may be changing… Continue reading »
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ANDREW FARRAN. Pandemics, paradoxes and the Federal system
There is still a question as we continue to confront the coronavirus whether the Constitution with respect to health and education needs clarification so that the imposition of border closures, regional lockdowns, school closures, etc., and decisions having legal implications, can be better determined…. Continue reading »
