Volume 14(1) – 2016 Editor: Robert MacLean Student Editors: Ben Vader Duff Isabella Heilikmann Liv Hume Erina Fletcher FOREWORD Isabella Heilikmann ZOMBIE APOCALYPSE TIMELINE WILL THE REAL ZOMBIE TAX PLEASE STAND UP! Editors Olivia Hume PROPOSED ZOMBIE APOCALYPSE LAW REFORMS TO WHAT EXTENT SHOULD WE EXTEND HUMAN RIGHTS TO ZOMBIES? Contributors Erina Fletcher PART I: REFEREED ARTICLES PROTECTING THE INFECTED. GOVERNMENT ACQUISITION OF CONSTITUTIONAL IMPLICATIONS OF A PATENTS DURING THE ZOMBIE ZOMBIE OUTBREAK APOCALYPSE Dr Bede Harris Benjamin Duff IS THE ZOMBIE MY NEIGHBOUR? THE ZOMBIE APOCALYPSE AS A LENS FOR PART III: SUPPLEMENTAL ZOMBIE UNDERSTANDING LEGAL MATERIALS PERSONHOOD Bruce Baer Arnold Zombie Isaacs designed by Joe Mikus UNATURAL DISASTERS: EMERGENCY MANAGEMENT IN A TIME OF ZOMBIES Robert MacLean PART II: REFEREED STUDENT ARTICLES ESCAPING THE SEA OF ZOMBIES: LESSONS LEARNED FROM CLIMATE CHANGE REFUGEES 1 UNIVERSITY OF CANBERRA Copyright © University of Canberra and individual authors 2017 This journal issue is licensed under a Creative Commons Attribution 3.0 Australia licence. <http://creativecommons.org/licenses/by/3.0/au/> 2 UNIVERSITY OF CANBERRA Canberra Law Review (2016) 14(1) Canberra Law Review Welcome to the 2016 edition of the Canberra Law Review. No apology is needed if you skipped the foreword and went straight to the articles, it is after all the human thing to do (though it may be an incorrect assumption that all our readers are human). The 2016 Canberra Law Review was an opportunity to experiment with the teaching of law. On one level, it was an opportunity to conduct a Gedankenexperiment, encouraging students and colleagues to consider how a global zombie apocalypse would impact Australian law. On a second level, it allowed University of Canberra staff to experiment with teaching law through the usage of social media and with continued reference to and incorporation of popular media. Over an initial four-week period during Winter Semester 2016, the students met with the unit convenor to rough out their expectations for the unit. In consultation with other UC staff, the unit convenor developed a ‘Zombie Apocalypse Timeline’ and a series of assumptions about the nature of the zombie apocalypse, that enabled a series of ‘flashpoints’ to be created. Each of these flashpoints then served as triggers for looking at contemporary Australian legal issues through the somewhat distorted lens of the zombie apocalypse. For the first six weeks of Semester 2, students were encouraged to apply existing legal precedent and procedure to the novel situation, first by focusing on the principles that underlay contemporary law and legal institutions and then seeing how much of that law was applicable to the world of the ‘Walking Dead’, the regency romance of ‘Pride and Prejudice and Zombies’ and finally that of the Zombie Apocalypse Timeline. For the last six weeks of the semester, students prepared a research paper on a topic that had had engaged them in the earlier discussions. Each week students brought their progressively improving draft research papers to the class forums and the group collectively analysed the issues raised and suggested ways that the paper could be improved. As external comments and papers were received, the students began to expand their editing and citation skills, all the while seeing glimpsing alternate legal philosophies in the dark mirror that is the zombie apocalypse. Did it work as a means of teaching law? These papers are one way of answering that question. I could also cite the high student engagement levels and the subsequent positive feedback the unit received. Perhaps the best answer lies in the number of students who have subsequent gone on to honours dissertations and post graduate study, though sadly none in the burgeoning field of ‘zombie law’ I would like to thank the University of Canberra Law School for this opportunity to explore the extremities of law and society and hope that other academics find similar opportunities in future. The underlying legal issues associated with ‘the rise of the machines’ and the associated ‘robo-apocalypse’ are still out there! Rob MacLean Unit Convenor and Staff Editor 3 UNIVERSITY OF CANBERRA Canberra Law Review (2016) 14(1) ZOMBIE APOCALYPSE TIMELINE First Movement – Tardo* (cid:120) Isolated zombie outbreaks outside of Australia. (cid:120) No issues with the supply of water, electricity, food or information. (cid:120) International travel is severely restricted by Governments (cid:120) Strong Federal and State governments. (cid:120) Solid and consistent rule of law. (cid:120) Economy is based on electronic funds. First Movement – Flashpoint – ‘Ashes to Ashes’. The Australian men’s cricket team tour of England is abandoned due to a zombie pitch invasion at Lords. The Australian Cricket Board plans to fly the team back to Australia, however the Minister for Health imposes a 24 day quarantine period on Manus Island, before the team can re-enter Australia. The Australian Cricket Board launches immediate legal action to overturn the administrative decision. Second Movement – Affrettando† (cid:120) Cities outside of Australia are overrun by Zombies. (cid:120) Refugees from the Zombie Apocalypse seek entry to Australia. (cid:120) Isolated instances of Zombies in Australia, which are initially contained by police. (cid:120) Minor issues with the supply of water, electricity, food and information. (cid:120) Federal government grows in power – some civil liberties suspended, military units mobilised to secure key resources. (cid:120) Intermittent and short duration instances of the breakdown of the rule of law (restored by Federal and State Government). (cid:120) Economy moves from electronic funds transfer to cash. Second Movement Flashpoint – ‘Turn back the planes’. A QANTAS 747-400 en-route from Los Angeles to Sydney, is 90 minutes out from arriving in Sydney when the pilots radio that a passenger has transformed into a zombie and has attacked the other passengers. In the background of the transmission can be heard guttural moans and thumping sounds on the cockpit doors. The pilots subsequently radio that no one else was ‘infected’. A prominent Sydney shock jock becomes aware of the crisis and re-broadcasts the radio transmission. A social media storm flares, with calls for the Royal Australian Air Force to shoot down the plane over international waters. The plane has enough fuel to be diverted to Newcastle or Canberra, but local citizens break down fences and park their cars on the runways to prevent the plane landing. * A musical instruction meaning to play slowly. † A musical instruction meaning to hastily increase the tempo in an impatient manner. 4 UNIVERSITY OF CANBERRA Canberra Law Review (2016) 14(1) Third Movement – Mosso‡ (cid:120) Some countries outside of Australia are overrun by Zombies. (cid:120) Efforts to aid or prevent further refugees are abandoned. (cid:120) Zombies are now present on the streets of all Australian cities and major towns. (cid:120) Federal Government fails, with State and Local Government actors becoming the primary agents for anti- zombie action. (cid:120) Consistent electrical failure, internet and mobile phone networks fail, no food in supermarkets and minimal international news. (cid:120) Breakdown of the rule of law in Australian cities and country regions (wide spread theft and looting). (cid:120) Economy moves from cash to barter. Third Movement – Flashpoint – ‘Well may they say God save the Queen, because nothing will save the Governor General’. With the disappearance and presumed death of 32 members of the House of Representatives and 15 Senators, the Prime Minister and the Leader of the Opposition decide to form a government of National Unity. The new cabinet is sworn in at a ceremony at the Governor General’s residence in Yarralumla. However due to an unfortunate security lapse, during the post ceremony photograph the Governor General transforms into a zombie and kills the newly formed cabinet. Fourth Movement – Prestissimo§ (cid:120) Australia cities and countryside overrun by Zombies. (cid:120) Fortified community groups become the primary agents for anti-zombie action. (cid:120) Isolated solar power, survivors scrounging for food, some community radio stations. (cid:120) Local dictatorships and oligarchies assume legal power. (cid:120) Economy is limited to barter. Fourth Movement – Flashpoint ‘Australia’s got talent’. Former music talent show winner Wolfgang Silverhair proclaims the nation of Bertoota in the Hunter Valley. President for Life Silverhair ‘nationalises’ the remaining food, military and medical resources and announces that any non Bertootians will be shot on sight. Road barriers are placed across the New England and Pacific Highways and the unanimated corpses of local citizens who opposed Bertootian rule are suspended from nooses at cross- roads. ‡ A musical instruction meaning with motion or animation. § A musical instruction meaning with as fast a tempo as possible. 5 UNIVERSITY OF CANBERRA Canberra Law Review (2016) 14(1) Coda – Allargando** (cid:120) Zombies threat is broken. (cid:120) Consolidation of power from community / local government level to a mix of regional and state levels. (cid:120) Discussion about whether to reform the Commonwealth of Australia, however various regions are lobbying for formal statehood and some regions are seeking independence or special indigenous status. (cid:120) A suppressant is discovered by an Australian start up that prevents anyone infected from transforming in to a zombie. (The search for a permanent cure continues) (cid:120) Restoration of electrical power, centralised food distribution, state and national television and radio. (cid:120) Economy moves from barter to cash. (cid:120) Rule of law is restored, with a Truth & Reconciliation Commission established. Coda – Flashpoint ‘Lowest prices are just the beginning’. Alongside the Truth and Reconciliation hearings a range of Australians are charged with offences and sued under tort. These range from property offences (theft, destruction of public/private property, most prominently bought by Wesfarmers on behalf of their Bunnings Hardware chain) and defamation (‘he failed to prevent the apocalypse’) through unlawful killing and offences against the state (sedition, treachery) or crimes against humanity. The charged raise a range of defences including self-defence, necessity and that the re-formed Australian government does not have the jurisdiction to bring charges for offences committed during interregnum of the zombie apocalypse and potentially in non-Australian legal jurisdictions (due to local areas succession. ** A musical instruction meaning in a gradually broadening style with decreasing tempo. 6 UNIVERSITY OF CANBERRA Canberra Law Review (2016) 14(1) Zombie Apocalypse – Base assumptions for contributors What causes Zombies? For the purpose of the journal, the answer is uncertain. The zombie apocalypse is most commonly considered created by an infectious virus, which is passed on via bites and contact with bodily fluids. Dr Stanley Blum, a neurodevelopmental biologist, researcher and zombie expert for the CDC (Centers for Disease Control) theorises the cause as Ataxic Neurodegenerative Satiety Deficiency Syndrome.1 However some theorise zombies are a result of supernatural curses or a sign of the ‘end of days’. Stages of Infection For those who subscribe to Blum’s virus theory, the typical pattern of infection is below: Infection As stated above, infection is typically transferred through contact in particular being bitten. In this sense transfer works similar to the transference of Rabies and is possible to be related to the disease, though unconfirmed2. After being bitten the infection similar to rabies enters through the nervous system towards the brain3. Detection at this stage is difficult if not impossible. The virus will typically travel towards the brain and upon reaching the brain the stage of Pre-Zombification begins. Note: As no one has yet to be brave enough to test, it is theorised that similar to rabies and other diseases spread through bodily fluids, it may be possible for sexual transmission of the virus.4 Duration: Typically, 12 hours before Pre-Zombification sets in. Pre-Zombification Once being bitten Pre-Zombification will occur. The infected body will try and fight the infection. Symptoms begin to resemble that of influenza, high fevers and weakness is typical at this stage5. Delirium and aggression have also been reported, though unconfirmed. At the Coda stage of the Apocalypse it is possible to suppress and possibly cure the Zombification through medical treatments6. The duration of Pre-Zombification is dependent on the health and strength of the individual. 1 Steven C. Schlozmon, ‘The Zombie Autopsies: Secret Notebooks from the Apocalypse’ (Grand Central Publishing 2012). 2 http://news.nationalgeographic.com/news/2010/10/1001027-rabies-influenza-zombie-virus-science/ 3 Alan C Jackson, William H Wunner, ‘Rabies.’ (Academic Press 2000), 290. ISBN 978-0-12-379077-4. 4 https://rabiesalliance.org/rabies/what-is-rabies-and-frequently-asked-questions/exposure-prevention- treatment (Details on the possiblity of sexual transmission, may be adapted to apply to zombie virus.) 5 <http://news.nationalgeographic.com/news/2010/10/1001027-rabies-influenza-zombie-virus-science/>. 6 <http://deadrising.wikia.com/wiki/Zombrex> (Zombrex is an example of a suppressant Zombification Drug) 7 UNIVERSITY OF CANBERRA Canberra Law Review (2016) 14(1) Note: On death Zombification begins immediately, as the body no longer fights infection. Duration: Generally, 1-12 weeks (Possibly longer or shorter depending on the individual.) Zombification Once the body fails to resist the virus transformation occurs. Typically the infected dies and once dead, rises as a zombies within 2 – 15 minutes of their death. The Center for Disease Control and Prevention have advised that symptoms during transformation include slow movement, slurred speech, and violent tendencies7. The Center for Disease Control and Prevention are recommending that people distance themselves from anyone displaying these symptoms8. Upon reaching Zombification, there is currently no cure as the infected seems to be rendered neither alive or dead. Is there a cure? Research indicates that there is a way to supress Zombification, until the beginning of the Coda stage there is no cure. If Zombies are caused by a virus, it is imaginable that there will be a cure. Suppression of the virus is possible at Pre-Zombification stage, however treatment must occur regularly.9 Due to the fast acting nature of the trigger it is possible that treatments would be daily if not more frequent. Are Zombies intelligent? The walking dead are not intelligent. They have no instinct for self-preservation, no knowledge of their past, and no ability to learn or use tools. They have rudimentary senses, primarily based upon hearing. They seem to be able to differentiate between living humans and other walking undead. To the extent that the walking dead has any motivation, it is to feast upon flesh. These cravings can never be sated and a zombie will attack any human or animal in the quest for flesh. Can animals become zombies? Yes, evidence indicates that animals can become zombies, though the exact mechanism is unknown. Undead dogs are particularly dangerous, due to their comparatively fast movement, vicious bite and their animalistic drive. Eating zombie ‘infected’ flesh appears to lead to the transformation. In some areas authorities conduct mass animal culls to cut down the chances of zombie attacks. Some scenarios have depicted airborne transmission, which results in a far greater casualty and more widespread area of infection.10 7 https://www.cdc.gov/phpr/zombies.htm 8 https://www.cdc.gov/phpr/zombies.htm 9 http://deadrising.wikia.com/wiki/Zombrex (Zombrex requires daily treatment.) 10 See for example the Krippin Virus which was genetically engineered from the Measles Virus in I am Legend. http://imlegend.wikia.com/wiki/Krippin_Virus. 8 UNIVERSITY OF CANBERRA Canberra Law Review (2016) 14(1) Killing zombie animals? The normal aversion to killing another ‘human’ can usually be put aside if one was to find themselves being gnawed on by a zombie human. However, human beings may find it much harder to kill an animal, whether it has entered the zombification phase of it’s existence or not. Mass culls of animals could be contra-survival as many animals will act as predators or function as cleaning crew for decomposing human flesh, when the zombie apocalypse comes.11 How can I kill a zombie? The ‘Zombie Combat Manual – A Guide to Fighting the Living Dead’ states that the only proven method of stopping an advancing undead attacker is to sufficiently destroy its brain.12 Any penetration into the skull, past the dura, through the grey matter and into the white matter, will stop a walking corpse.13 Decapitating a zombie will stop the body, but the head will keep attacking, until the brain is destroyed. Can Zombies run? There has been no evidence of ‘running’ zombies in the current apocalypse. Estimated top speed for a zombie with two ‘functioning’ legs is 4 kilometres per hour, though across an hour a zombie is unlikely to move in one direction. 11 National Wildlife Federation naturalist David Mizejewski explains how nature would deal with a zombie outbreak and that animals could be a driving force in removing large herds of zombies. David Mizejewski, Zombie vs animals? The living dead wouldn’t stand a chance, <http://boingboing.net/2013/10/14/zombiesvsanimals.html>. 12 Roger Ma, ‘The Zombie Combat Manual – A guide to Fighting the Living Dead’, (Penguin, 2010), 25. 13 Ibid 26. 9 UNIVERSITY OF CANBERRA Canberra Law Review (2016) 14(1) PROPOSED ZOMBIE APOCALYPSE LAW REFORMS 1) ‘The implications of this during a zombie outbreak are that since the existence of a communicable disease is one of the exceptional categories identified in Lim, the state would be able to detain persons who were alleged to be infected without having to prove that they actually were infected, without the person having the right to contest the reasonableness of their detention before the courts and with the detention potentially continuing ad infinitum.’1 A non-derogable right to personal liberty needs to be included in the Constitution. 2) ‘To ensure a full High Court bench, it is suggested that in the event of an ‘emergency’, where the Governor General in Council is not able to immediately appoint a replacement, a reserve commission is activated for the longest serving State or Territory Chief Justice. The termination of this commission would not require the operation of s72 of the Constitution and would be triggered by the normal appointment of a successor to the High Court.’2 A succession mechanism convention be implemented, in the event that High Court justices cannot be appointed in a timely manner. 3) ‘In the event of a zombie apocalypse wiping out the Federal Parliament, it would seem we need to expand the scope of the NATCATDISPLAN to become an Unnatural National Catastrophic Disaster Plan (UNNATCATDISPLAN) … The UNNATCATDISPLAN would allow the Federal Government to appoint state or regional coordinators, whose role is to co-ordinate the use of Federal assets (such as those shown within Table 1: Key Capabilities of Australian Government agencies in relation the Zombie Apocalypse) within the revised State or Territory Emergency Management Plan.’3 Consideration be given to amending the existing NATCATDISPLAN to cover a failure of the Federal Executive Government. 4) ‘The refugee definition provided for by the Convention contains a number of obstacles for those seeking protection for reasons either unforeseen or not prioritised by the 1951 1 Bede Harris, 'Constitutional Implications of a Zombie Outbreak’ (2016) 14(1) Canberra Law Review. 2 Rob MacLean, ‘Unnatural Disasters: Emergency Management in a Time of Zombies’ (2016) 14(1) Canberra Law Review. 3 Rob MacLean, ‘Unnatural Disasters: Emergency Management in a Time of Zombies’ (2016) 14(1) Canberra Law Review. 10 UNIVERSITY OF CANBERRA