The Australian Resources and Energy Law Journal (ARELJ) began as a collaboration between The Centre for Energy and Resources Law of the University of Melbourne, The Centre for Mining Energy and Natural Resources Law of the University of Western Australia and Energy & Resources Law Association (formerly AMPLA Limited).

A peer reviewed, academic publication, the ARELJ covers current issues, recent developments and challenges relevant internationally and locally to each state and territory.

As well as peer reviewed articles, the ARELJ contains comments on matters of interest, notes on recent developments in case law and legislation, case notes and occasional book reviews.

Our Journal Vision is: Practical legal insights for the Energy and Resources Industries.
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ARTICLE                                                                     

UNEARTHING THE LAST RESORT POWER: THE BEDROCK IMPLICATIONS FOR THE NATIONAL INTEREST

Marcus Ware

Great power rivalry between the US and China is increasing. At its core is strategic competition over critical minerals. With one of the largest mineral reserves globally, Australia is caught in the middle. On one hand, the US represents a long-time ally, both militarily and culturally. On the other, China is Australia’s largest export destination, with an insatiable appetite for Australia’s resources. It seems cordial relations with both nations may suit Australia’s national interest – although, the last resort power introduced by the Foreign Investment Reform (Protecting Australia's National Security) Bill 2020 tells a different story. From an economic standpoint, the paper underscores China's pivotal role as a natural trade partner for Australia, particularly in the resource sector, arguing for a nuanced understanding of the Treasurer's broad discretionary powers, and advocating for enhanced accountability and transparency to temper the inherent risks associated with the last resort power. The analysis results in consideration of whether Australia's strategic alignment in an ideological proxy conflict with its largest trading partner aligns with its national interest.

Members can access the full article by visiting https://erlaw.org.au/LinkClick.aspx?fileticket=xez45Q5n1S0%3d&portalid=4

Editorial Committee

The Editorial Committee is responsible for the publication of AREL Journal, reviewing all submissions, and approving or rejecting each for publication.

Editor: Dr Penny Crossley, Associate Professor, The University of Sydney Law School
Editorial Board:
• Peter Holden, Chair, ActewAGL
• Simon Bladen, Rio Tinto
• Kanaga Dharmananda, Francis Burt Chambers WA Bar
• Lauren Kirkwood, Rio Tinto
• Natalie Lonergan, Norton Rose Fulbright
• Robert Merrick, Herbert Smith Freehills
• James Minchinton
• Peter Rose, Johnson Winter & Slattery
• Samantha Smart, Price Waterhouse Cooper

Submissions

Authors considering a submission should contact their State Coordinator to discuss whether any proposed topic has already been assigned to an author.

 

Submission Requirements

An article is 3-10,000 words and argues a core substantial point with appropriate supporting analysis and references. An article may be submitted to the Branch Coordinator at any time. Articles are subject to peer review and will not be published until that process is complete.

Comments, case notes and book reviews are 1-3,000 words and will give an explanation and analysis of a recent topical issue, case or book.

Recent development reports are up to 1,500 words and describe a recent policy, legislative or case law development with minimal analysis

 

Notes for Authors

Authors preparing submissions for the AREL Journal should ensure that all references and other material are in accordance with the Notes for Authors.

Copyright

Articles subject to peer review - authors are required to provide an assignment of their copyright.

Other submissions - authors are required to provide Energy & Resources Law with a licence to publish

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