Digital Commons Network^™

Populism And Criminal Justice Policy: An Australian Case Study Of Non-Punitive Responses To Alcohol-Related Violence, Julia Quilter

Faculty of Law, Humanities and the Arts - Papers (Archive)

Populism is widely regarded in the literature as a negative and inherently punitive influence on criminal justice policy. This article challenges this view and highlights the ways in which populism can produce forms of citizen engagement in the criminal justice context that are new and progressive. These possibilities are illustrated through a close analysis of the responses to a single instance of ‘random’ fatal violence: the killing of Thomas Kelly in King’s Cross, Sydney, in 2012. This case study shows how a populist campaign powerfully realigned political allegiances to call for, and achieve, real and enduring action from the New …

Critical Pedagogy And Social Inclusion Policy In Australian Higher Education: Identifying The Disjunctions, Jeannette Stirling, Colleen Mcgloin

Faculty of Law, Humanities and the Arts - Papers (Archive)

Within neoliberalism, policy implementation assimilates issues of social justice, such as diversity, by incorporating them into frameworks that pay “lip service” to important issues affecting both students and educators. This paper critically engages with higher education policies in Australia dealing with social justice, diversity, and social inclusion. Our discussion draws largely from Freirian pedagogy as well as a selective range of critical theorists to consider what we see as a radical disconnection between policy and practice in our teaching. We argue that this disjunction can adversely affect students and educators and that attention to policy’s limitations is necessary in efforts …

How Should Rural Policy Be Evaluated If It Aims To Foster Community Involvement In Environmental Management?, Katrin Prager, Birte Nienaber, Barbara Neumann, Alistair Phillips

Faculty of Law, Humanities and the Arts - Papers (Archive)

This paper brings together different theoretical perspectives to propose an evaluation framework for policies which have the explicit aim to foster communities' involvement in the management of their natural environment in the context of sustainable rural development, such as the EU LEADER programme, Australia's Caring for Our Country, and UNESCO Biosphere Reserves. Previous policy evaluations have over-simplified the complex social-ecological systems on which these policies are intended to act, have lacked specification of the policy level they address and were predicated on the assumption that policies can be designed to produce predictable outcomes. Based on a concept of ‘complex realities’ …

Planning For Offshore Co2 Storage: Law And Policy In The United Kingdom, Ben Milligan

Faculty of Law, Humanities and the Arts - Papers (Archive)

‘Offshore CO2 storage’ refers to the injection of liquefied CO2 into deep geological formations beneath the seabed (e.g.depleted oil and gas reservoirs, and saline aquifers) for the purpose of storing it there on a permanent basis. The storage in this manner of captured CO2 emissions from industria linstallations and power plants has attracted considerable scientific and technical interest as a potential mitigation response to climate change. A key issue facing policymakers in several countries is how to reconcile policy commitments to develop offshore CO2 storage with other competing – and potentially conflicting – uses of the marine environment. With a …

Government Goals And Policy Get In The Way Of Our Happiness, Brian Martin

Faculty of Law, Humanities and the Arts - Papers (Archive)

Australian government policy and happiness research are pointing in very different directions.

A prime goal of government policy is economic growth. Many Australians go along with this, assuming that more money will make them happier. However, policy and common belief need to confront an increasing body of research that suggests a different approach to improving well-being.

Submission To The Strategic Policy Division, Department Of Defence, On The Development Of The 2013 Defence White Paper, Christopher Rahman

Faculty of Law, Humanities and the Arts - Papers (Archive)

This submission on the development of the 2013 Defence White Paper addresses briefly four aspects:

1. The structure and content of the White Paper itself

2. Australia’s strategic environment

3. Australia’s military strategy

4. Force structure

Uncertain Seas Ahead: Legal And Policy Approaches To Conserving Marine Biodiversity In The Face Of Changing Climate, Richard Kenchington, Robin Warner

Faculty of Law - Papers (Archive)

Climate is a major factor in the habitat, food chains, competition, success and survival of species. Contemporary distributions and abundance of marine species and communities reflect adaptation to geologically recent climatic conditions and the impacts of human activities. Warming of the atmosphere and seawater has occurred in association with increasing levels of atmospheric carbon dioxide since the start of the twentieth century. Despite continuing scientific research and wider discussion of the relative roles of anthropogenic greenhouse gas increases and other influences on climate, climate change is occurring. The policy and legal issues have two core components: response to the effects …

Climate Change And The Oceans: Legal And Policy Portents For The Asia Pacific Region And Beyond, Robin Warner, Clive Schofield

Faculty of Law - Papers (Archive)

The oceans dominate the globe spatially, covering approximately 72 per cent of its surface area. These extensive marine spaces are critical to the global environment and human survival in numerous ways - they are vital to the global nutrient cycling, represent a key repository and supporter of biological diversity on a world scale, and playa fundamental role in driving the global atmospheric system. Moreover, the oceans continue to provide a critical source of food through/fisheries and aquaculture, are an increasingly significant source of energy resources, and underpin the global economy through sea-borne trade.

Concepts Of Maritime Security: A Strategic Perspective On Alternative Visions For Good Order And Security At Sea, With Policy Implications For New Zealand, Christopher Rahman

Faculty of Law - Papers (Archive)

This project originated as a research report conducted for the Royal Australian Navy’s Sea Power Centre – Australia. Its intent is not to reprise well‐worn ideas of sea power or maritime strategy, but to address conceptually what is meant by the term “maritime security” in the context of contemporary ideas of the meaning of “security” itself. In doing so, I have purposefully delved into some of the often quite dense and sometimes arcane literature and ideas regarding conceptual treatments of security. This is important, because the ideas inherent in different perspectives on maritime security often have an intellectual or political …

Navigating Pacific Fisheries: Legal And Policy Trends In The Implementation Of International Fisheries Instruments In The Western And Central Pacific Region, Quentin Hanich, Ben M. Tsamenyi

Faculty of Law, Humanities and the Arts - Papers (Archive)

Navigating Pacific Fisheries analyses the legal and policy context for the conservation, management and exploitation of tuna fisheries in the Western and Central Pacific region.

From Empire To Europe: Evolving British Policy In Respect Of Cross-Border Crime, Clive Harfield

Faculty of Law, Humanities and the Arts - Papers (Archive)

The second half of the twentieth century witnessed the metamorphosis of Britain from a global, imperial power to a full (if sometimes ambivalent) member of the modern regional partnership that is the European Union (EU). During the same period, transnational criminal activity was transformed from an arena in which criminal fugitives sought merely to evade domestic justice through self-imposed exile to an environment in which improved travel and communication facilities enabled criminals to commute between national jurisdictions to commit crime or to participate in global criminal enterprises run along modern business lines. This development is so serious that it is …

Japanese Government Policy And The Reality Of The Lives Of The Zanryu Fujin, Rowena G. Ward

Faculty of Law, Humanities and the Arts - Papers (Archive)

The zanryu fujin, (or stranded war wives) are former Japanese female emigrants to Manchuria who, for various reasons, remained in China at the end of World War Two. They were for a long time the forgotten members of Japan's imperialist past. The reasons why the women did not undergo repatriation during the years up to 1958, when large numbers of the former colonial emigrants returned to Japan, are varied, but in many cases, their 'Chinese' families played some part. The stories of survival by these women during the period immediately after the entry of Russia into the Pacific War …

Harmonising Australian Environmental Law: An Australian Oceans Act For Australia’S Oceans, G. L. Rose, C. Smythe

Faculty of Law - Papers (Archive)

A synopsis of a dicussion paper canvassing a new national approach to marine management: an Australian Oceans Act and an Australian Oceans Authority. The Australian Conservation Foundation and National Environmental Law Association launched the discussion paper in March 2006 about the future of Australia’s laws for its oceans.

Legal Frameworks For Integrated Marine Environmental Management, G. L. Rose

Faculty of Law - Papers (Archive)

The Australian federal government is rethinking its policy-based approach to integrated marine environmental management. Does effective coordination of oceans management activities require an overarching legislative framework? Should legislation operate to enforce cross-jurisdictional coordination? Can it also assure cross-sectoral integration? This paper explores possible answers to these questions, considering options for a legal framework for integrated marine environmental management in a federal context.

The Noxious Weeds Act 1993 (Nsw) – Balancing People, Planet And Profit?, E. Arcioni

Faculty of Law - Papers (Archive)

Does the legislative system of weeds management in NSW balance the interests of people, planet and profit? Weeds pose a threat to agriculture, human health and the natural environment and therefore require management to address those threats. Such management is challenged by the need to balance the negative effects of weeds on a variety of interests with the financial costs and detrimental side-effects of the weed management itself. The central legal element of the weed management system in New South Wales is the Noxious Weeds Act 1993 (NSW). The Act cannot be considered in isolation. It must be considered in …

U.S And Russia's Naval Policy After 9.11, Sam Bateman

Faculty of Law - Papers (Archive)

TIns paper was required to address the following questions:

• In what ways do maritime interests and strategies of the U. S. and Russia contribute to the general security outlook towards the Asia-Pacific region after 9.11 ?

• To what extent do the maritime strategies of these two countries take a cooperative approach toward the nations of the region?

• Is the present level of bilateral or multilateral cooperation adequate and sufficient to meet these challenges to maintain regional security?

These questions require a focus on the maritime interests and strategies of twn countries. The first is the sole remaining …

'Friend To One, Enemy To Many?': The Time Of Foreign Policy Struggle In Papua New Guinea Under The Bill Skate Government, Kazuhiro Monden

Faculty of Law, Humanities and the Arts - Papers (Archive)

Since independence in 1975 Papua New Guinea (PNG) has adopted as its fundamental foreign policy position the principle that the country is 'friends to all and enemies to none.' When PNG foreign policy shifts from this principle the realist foundations of the Country's international relationships are challenged. Under the administration of Bill Skate from 1997-1999 such a shift came close to being realized as Papua New Guinean political players used foreign policy and diplomatic interests to justify or extend their domestic political and electoral interests.

This paper focuses on diplomatic events in PNG at the end of Bill Skate's Government, …

The Precautionary Principle In Australia: Policy, Law And Potential Precautionary Eias, Warwick Gullett

Faculty of Law - Papers (Archive)

The precautionary principle has been adopted in such a widespread fashion that it is now difficult to find in either the international environmental arena or countries with advanced environmental protection frameworks an environmental policy document, a new environmental law, or even a political statement about environmental management that does not include a reference to the principle or reflect some of the core ideas of the precautionary concept. References to the principle can be found in documents produced by organizations such as the European Environment Agency, the World Trade Organization, and of course the United Nations; in numerous environmental treaties ranging …