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Australian Approaches To International Environmental Law During The Howard Years, G. L. Rose
Australian Approaches To International Environmental Law During The Howard Years, G. L. Rose
Professor Gregory Rose
This paper provides an overview of major Australian developments in international environmental law during the term of the Howard government.
Terrorism And National Security Intelligence Laws: Assessing Australian Reforms, G. L. Rose, D. Nestorovska
Terrorism And National Security Intelligence Laws: Assessing Australian Reforms, G. L. Rose, D. Nestorovska
Professor Gregory Rose
The Australian legal definition of terrorism and a brief history of terrorism in Australia set the context for national security intelligence laws. Recent national reforms are surveyed and critically examined here. It is concluded that they do not duplicate other powers and are subject to respectable, although not impeccable, safeguards. Some provisions need to be clarified to delimit their scope and others could be hampered in operation by the uncertainty of constitutionally implied limits.
Harmonising Australian Environmental Law: An Australian Oceans Act For Australia’S Oceans, G. L. Rose, C. Smythe
Harmonising Australian Environmental Law: An Australian Oceans Act For Australia’S Oceans, G. L. Rose, C. Smythe
Professor Gregory Rose
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.
Updating International Humanitarian Law And The Laws Of Armed Conflict For The Wars Of The 21st Century, G. L. Rose
Updating International Humanitarian Law And The Laws Of Armed Conflict For The Wars Of The 21st Century, G. L. Rose
Professor Gregory Rose
Aspects of international humanitarian law (IHL) and the international law of armed conflict (LOAC) are out-dated because they are ill-adapted to new battlefields. Some innovation is needed in them to address thc complexities of the networked insurgencies that we see today. War between states has declined in prev alence and importance relative to armed conflicts across societal groups, both within states and acro ss nat ional borders. Private organisation s are likely to dominate armed conflicts for the foreseeable future, including those in the Asia- Pacific and beyond, where Australian expeditiona ry forces are engaged. Often called 'non-state actors' in …
Australian Counter-Terrorism Offences: Necessity And Clarity In Federal Criminal Law Reforms, G. L. Rose, D. Nestorovska
Australian Counter-Terrorism Offences: Necessity And Clarity In Federal Criminal Law Reforms, G. L. Rose, D. Nestorovska
Professor Gregory Rose
This article analyses the wide-ranging reform of Australian criminal law related to terrorism. It compares the definition of terrorism utilised in recent legislation to the emerging international standard and tests the new federal crimes against the criteria of legislative necessity and clarity. It concludes that the reforms were in fact necessary in the sense of filling prior gaps and inadequacies in the criminal law but that some of the new provisions lack clarity and will pose conundrums for law enforcement.
Report On Pacific Islands Judges Symposium On Sustainable Development, G. L. Rose
Report On Pacific Islands Judges Symposium On Sustainable Development, G. L. Rose
Professor Gregory Rose
Report on the Pacific Islands Judges Symposium on Environmental Law and Sudstainable DevThe Pacific Islands Judges Symposium on Environmental Law and Sustainable Development was held over three days, 5-7 February 2002. The aim of the Symposium was to bring together judges from the region for information exchange, between themselves and experts in environmental law, and for discussion of potential roles of the judiciary in decision making for sustainable development. It was one in a series of judicial symposia on environmental law organised by the United Nations Environment Programme (UNEP). Other regions where such symposia have been held include Africa (1995), …
Environmental Performance Auditing Of Government - The Role For An Australian Commissioner For The Environment, G. L. Rose
Professor Gregory Rose
Commonwealth performance in environmental management can be systematically assessed and reviewed through public sector environmental audits. Australia’s experiences in public sector environmental audit indicate that its difficulties lie in inadequate available baseline data and vague policy benchmarks. Significant governmental efforts are being made to address the national data problem but not the benchmarks. Recent trends towards more systematic government performance reporting may eventually feed back to improve benchmarks. Some urge the establishment of an Australian Commissioner for the Environment to implement performance reporting, amongst other tasks. The potential role of the Commissioner as national auditor in particular is examined, drawing …
Human Tracking Technology In Mutual Legal Assistance And Police Inter-State Cooperation In International Crimes, Katina Michael, G. L. Rose
Human Tracking Technology In Mutual Legal Assistance And Police Inter-State Cooperation In International Crimes, Katina Michael, G. L. Rose
Professor Gregory Rose
The objective of this paper is to explore the role of human tracking technology, primarily the use of global positioning systems (GPS) in locating individuals for the purposes of mutual legal assistance (MLA), and providing location intelligence for use in inter-state police cooperation within the context of transnational crime. GPS allows for the 24/7 continuous real-time tracking of an individual, and is considered manifold more powerful than the traditional visual surveillance often exercised by the police. As the use of GPS for human tracking grows in the law enforcement sector, federal and state laws in many countries are to a …
Report On The Comparative Analysis Of Compliance Mechanisms, G. L. Rose
Report On The Comparative Analysis Of Compliance Mechanisms, G. L. Rose
Professor Gregory Rose
Compliance mechanisms under 19 selected multilateral environment agreements are analysed and compared. Existing and potential interlinkages and synergies between their compliance mechanisms are identified trhough the analysis and a survey of international and national practice. The objective is to define strategic opportunities at the international level to use the compliance mechanisms to strengthen national implementation. The erport concludes with a draft action plan.
International Law Of Sustainable Agriculture In The 21st Century, G. L. Rose
International Law Of Sustainable Agriculture In The 21st Century, G. L. Rose
Professor Gregory Rose
This paper examines the new PGR Treaty, assessing what it contains that is innovative and what it contains that are repackaged existing arrangements. Therefore, the PGR Treaty is described in the context of the pre-existing arrangements and the political forces that shaped it. The examination commences by providing a historical perspective on the transfer and use of plant genetic resources. It introduces institutional arrangements that predate the Treaty and explains the relationships between them. In this, attention focuses on the International Undertaking on Plant Genetic Resources for Food and Agriculture 1983 (International Undertaking) and the Treaty on Biological Diversity 1992 …