Arts and Humanities Commons^™

Beyond The Visible: Perceptions Of Human Rights In Timor-Leste Street Art, Marisa Ramos Gonçalves

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

Murals and graffiti are part of the landscape of the cities and villages of Timor-Leste. Some portray violent events and their legacy from the Indonesian occupation; others celebrate the achievement of independence and Timorese identity. During the 2006 crisis the walls 'shouted' words of frustration at the political leadership of the country due to the political violence which ensued after the dismissal of petitioner soldiers' from the armed forces. Visual analysis of street art in Timor-Leste is part of the initial stage of a PhD research project on Intergenerational perceptions of human rights in Timor-Leste, which will use focus groups …

Ensuring The Preservation Of Submerged Treasures For The Next Generation: The Protection Of Underwater Cultural Heritage In International Law, Lowell Bautista

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

In a historic moment that culminated almost a decade of negotiations, the Convention on the Protection of the Underwater Cultural Heritage (UCH Convention) was adopted on 2 November 2001.2 The UCH Convention is the fourth international instrument dealing with cultural heritage adopted under the aegis of the United Nations Educational, Scientific and Cultural Organization (UNESCO) and the first one specifically addressing the protection of underwater cultural heritage (UCH) in international law.3 The UCH Convention is the first universal instrument that exclusively deals with the preservation of UCH in international waters. The UCH Convention builds upon and addresses the gaps of …

The Twitterisation Of Journalism: Charting A Research Agenda For 'Social Journalism', Julie Posetti

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

Social media is transforming professional journalism. And the speed of the real-time revolution raises significant challenges and opportunities for journalists their publishers and journalism educators. But it also necessitates a rigorous academic research agenda. The issues confronting journalism in the social media space include fundamental shifts in the practice of verification, the merger of private lives and professional practice, and the new journalistic role of community engagement. BBC Head of Global News Peter Horrocks said in February 2010 that social media practice for journalists was no longer discretionary. But this means that the professional training of journalists in social media …

Anthropologists, Spooks, And The Boys Who Went To War, Rowan Cahill

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

I became aware of the rudiments of this story during the 1970s and 1980s in my various associations with the former Seamen’s Union of Australia (which amalgamated with the Waterside Workers' Federation in 1993 to form the Maritime Union of Australia), and the now defunct Communist Party of Australia. It was in these environments I first heard about, and met former members of, a strange Pacific War outfit and its links with Sydney (Australia), the US Army Small Ships Section. The legacy and memory of this outfit remained on the Sydney waterfront as part of a cultural memory, while forgotten …

Du Doan Nhung Hieu Ung Cua Viec Thanh Lap Toa An Nguoi Chua Thanh Nien O Viet Nam Voi Viec Thuc Hien Trach Nhiem Phap Ly Quoc Gia Theo Cong Uoc Quoc Te Ve Quyen Tre Em (Part 1), Thi Thanh Nga Pham

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

Từ khi phê chuẩn Công ước quyền trẻ em (CƯQTE), Việt Nam đã có nhiều nỗ lực và đạt được những thành tựu đáng ghi nhận trong việc bảo vệ và thúc đẩy sự phát triển hài hòa của trẻ em. Tuy nhiên, hiện nay vẫn có nhiều trẻ em Việt Nam đang sống trong những hoàn cảnh khó khăn, không có được những sự bảo đảm như các quy định của CƯQTE và các văn kiện pháp lý quốc tế có liên quan. Điều này có nghĩa là Việt Nam chưa hoàn thành trách nhiệm pháp lý của một …

Breaking The Seige: Guidelines For Struggle In Science, Brian Martin

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

When scientists come under attack, it is predictable that the attackers will use methods to minimise public outrage over the attack, including covering up the action, devaluing the target, reinterpreting what is happening, using official processes to give an appearance of justice, and intimidating people involved. To be effective in countering attacks, it is valuable to challenge each of these methods, namely by exposing actions, validating targets, interpreting actions as unfair, mobilising support and not relying on official channels, and standing up to intimidation. On a wider scale, science is constantly under siege from vested interests, especially governments and corporations …

Multiple Aspects In The Sense Of Agency, Shaun Gallagher

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

Recent significant research in a number of disciplines centers on the concept of the sense of agency. Because many of these studies cut across disciplinary lines there is good reason to seek a clear consensus on what ‘sense of agency’ means. In this paper I indicate some complexities that this consensus might have to deal with. I also highlight an important phenomenological distinction that needs to be considered in any discussion of the sense of agency, regardless of how it gets defined. Finally, I suggest that the sense of agency has an ambiguous phenomenology and I offer some critical comments …

The Impact Of The Law On Consultation Practices And Purpose: A Case Study Of Aboriginal Cultural Heritage Consultations In Nsw, Kylie Anne Lingard

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

Consultation research to date has largely concentrated on how consultation practices generally serve only the purpose of procedural compliance. This article identifies and explores the gap in existing research on the impact of law on consultation practices and purposes. To explore current practices and the potential contribution of law to the nature of consultation practices, the article focuses on the NSW duty to consult Aboriginal people before permitting harm to Aboriginal cultural heritage. Conventional regulatory approaches to consultation assume that Aboriginal interests are accommodated by the same consultation strategies applied to other stakeholders in rural law and policy. This article …

Displaced Persons And The Politics Of International Categorisation(S), Jayne Persian

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

Between 1947 and 1952 170,000 Displaced Persons (DPs) arrived in Australia as International Refugee Organisation (IRO)-sponsored refugees. This article sets out the international historical and political context for the migration of DPs to Australia, and interrogates the "bureaucratic labelling" inherent in the category "Displaced Persons". The post-war refugees were presented internationally as "Displaced Persons"; "refugees"; "political refugees"; and eventually, in an effort to solve the population crisis, as potential "workers" and "migrants". This article will describe the historical origin of the terms "Displaced Persons" "refugees", "political exiles" and "migrants"- terms which were, and continue to be, relevant and problematic.

Book Review: Sato And Imai (Ed): Japan's New Inequality: Intersection Of Employment Reforms And Welfare Arrangements., Kirsti Rawstron

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

Japan’s New Inequality is a study of the effects of changes in welfare arrangements and employment reforms in Japan since the collapse of Japan’s Bubble Economy in the late 1980s. This volume draws heavily on theories and methods of social stratification studies to explore three general areas: regular and non-regular divisions in labour markets (i.e. between permanent full-time and non-permanent part-time employees); changes in employment structures for women and the self-employed; and changes in family structure, the ageing population and welfare provisions. This volume provides a concise and up-to-date picture of income, wealth and employment inequalities in Japan.

Local Myths In A Global Work: Merlinda Bobis' 'White Turtle', Tara Goedjen

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

If only we all had porous bones, and thinner skin, when listening to a tale. Such is one token offered by Merlinda Bobis’ prismatic short story, ‘White Turtle’, which harnesses the uncanny in an intercultural meeting of the ear1 and tongue.2 ‘White Turtle’ is a story inside a story, as Bobis’ character, the Filipina chanter Lola Basyon, sings in her native language to conjure a white turtle that ferries the dreams of dead children in the presence of an Australian crowd at a Sydney writers’ festival.

Old Earth, Jo Law

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

Jo Law works across multiple artforms and media. Her approach to material and conceptual experimentation is expansive with a particular interest on an engagement with objects. The focus of her practice is in the making of things. These things include: films, videos, collages, drawings, diagrams, maps, prints, books, installations, interactive and online works.

Jo"s works have been shown widely across Australia and internationally in Hong Kong, the United States, Mexico, Norway, the Philippines, and Taiwan. She has received awards including the Silver Spire Award at the San Francisco International Film Festival. She was the Australia Council"s artist-inresidence in Tokyo in …

"Free At Last"?: Epilogues, Aftermaths, And Plotting The Nation: Review Article: Christopher Tomlins, Freedom Bound: Law, Labor, And Civic Identity In Colonizing English America, 1580-1865 (New York: Cambridge University Press, 2010), Penelope J. Pether

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

To the right, one mile farther west, beyond the green-and-yellow BP station at Exit 176, down State route 338 and past the recently subdivided, gated country club community named Triple Crown, stands the same quaindy spired Presbyterian Church where Margaret Garner's owners, their neighbors, and many neighborhood slaves (including Margaret) attended Sunday services.7 Weisenburger goes on to tell that "[f ]rom the road one can see the rooms where Margaret Garner and her children did domestic labor and suffered whatever indignities or threats or assaults finally compelled her to run"8: [...] for reasons that might be obvious, I don't often …

Yellow Sweatered Woman (Tags), Tara Goedjen

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

Yellow sweatered woman, I saw you before you started crying. You were walking up the street, toward town. I was on my way back from the trails along the cliff, from looking at the three sandstone sisters. You held the leash of a wrinkle-faced dog, and you had brown shoes and crooked legs and gray hair that met your shoulders. You were small and slightly hunched and your dog seemed to know that you couldn’t walk fast, although sometimes he would pull, ever so gently, on his ropey leash, his white paws speeding up into a trot. He saw me …

Arthur's Bath, Tara Goedjen

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

Arthur’s mother spent most of her days waiting near the dark bathtub. The basement flat was always in shadows, even with its small windows at the ceiling that met the footpath outside. All evening she listened to the traffic and watched feet streaking past the windows, and with every car horn she thought of Arthur. Arthur! she’d yell, Arthur? Are you here yet? and she would run to check the tub as the landlord pounded on the ceiling.

The Wicker Baby, Tara Goedjen

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

A woman is told to collect rocks and wood for the hearth. She walks across a field beside a cliff where she finds a pile of tiny stones. By and by, one begins to move. She picks it up and it cracks open, dousing her hands................

The Fish Baby, Tara Goedjen

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

A young mother carries her drooling baby through the parking lot. Shiny cars pass on either side of her as her heels click on the pavement. The baby begins to cry and its face turns red and swollen. The mother hushes............................

Poor Mothers And Lonely Single Males: The ‘Essentially’ Excluded Women And Men Of Australia, Roger Patulny, Melissa Wong

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

It is unclear how much gendered social exclusion and disconnection reflects a problem or a preference. Women may prefer market-disengagement despite the risk of exclusion from ‘normal’ social activities through financial incapacity, and men may prefer marketengagement despite the risk of disconnection from informal social networks. This article examines these issues amongst Australian men and women. It finds women, particularly single and low-income mothers, are more socially excluded, and men, particularly single middle-aged men, are the most socially disconnected, after preferences. Future policy should be cognisant of contact preferences, intra-household support dynamics, long work hours and prevailing gender norms.

Grey Clouds Or Clearer Skies Ahead? Implications Of The Bay Of Bengal Case, Clive H. Schofield, Anastasia Telesetsky

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

On 14 March 2012, the International Tribunal on the Law of the Sea (ITLOS) delimited a maritime boundary between Bangladesh and Myanmar. The Judgment represents a landmark decision as the Tribunal’s first maritime boundary delimitation case, the first adjudication of a maritime boundary in Asia and the first judicial delimitation of a maritime boundary for areas of “extended continental shelf” seaward of the 200 nautical miles (nm) limit. Rather than review the Judgment in detail, this contribution will highlight three notable, and to an extent potentially problematic, aspects of the decision: the approach to delimitation adopted and treatment of islands; …

From Sundering Seas To Arenas Of Cooperation: Applying The Regime Of Enclosed And Semi-Enclosed Seas To The Adriatic, Clive H. Schofield, Ian Townsend-Gault

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

The law of the sea provides the international legal basis for the coastal states of the Adriatic Sea to claim zones of maritime jurisdiction off their shores and divide the Adriatic Sea between them. The same international law of the sea obligates the Adriatic littoral states to cooperate in a variety of ways, notably by establishing a special regime applicable to enclosed and semi-enclosed seas such as the Adriatic. This paper explores the maritime jurisdictional claims allowed under international law and claimed in the Adriatic in particular. The implementation of the regime of enclosed and semi-enclosed seas in the Adriatic …

Parting The Waves: Claims To Maritime Jurisdiction And The Division Of Ocean Space, Clive H. Schofield

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

This article casts aside traditional obsessions and examines the development and present state of coastal State claims to maritime jurisdiction, the overlapping claims to maritime space that have inevitably resulted from the significant extension of maritime claims in recent decades, and thus the delimitation of maritime boundaries.

Island Disputes And The "Oil Factor" In The South China Sea Disputes, Clive H. Schofield

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

The South China Sea has long been regarded as one of the key potential flashpoints for conflict in the Asia-Pacific, alongside North Korea and Taiwan. Recently tensions have been on the rise and relations between China and the other South China Sea littoral states have become more fraught – characterised not only by diplomatic claim and counter-claim (though frequently framed in less than diplomatic language) but also, more worryingly, by confrontations at sea.

Context, as they say, is everything. This article briefly outlines geopolitical drivers that sustain these complex and seemingly intractable disputes, and seeks to shed light on their …

"It Was Filmed In My Home Town": Diasporic Audiences And Foreign Locations In Indian Popular Cinema, Andrew Hassam

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

The defining feature of Hindi cinema for commentators in the West is the 'interruption' of the narrative, as Gopalan (2002) terms it, by the visualization of songs through dance. Headlines such as 'India's New Cinema has a Global Script' (Pfanner 2006) have, for the past decade, been proclaiming the birth of a globalized Bollywood, but the Bollywood that is 'globalizing' the UK and North America is the Bollywood culture industry of transcultural bhangra, dance fitness classes, and the celebrity world of Aishwarya Rai rather than Hindi cinema, notwithstanding the Oscar nomination of Lagaan (2001) for Best Foreign Language Film in …

Bullshit: An Australian Perspective, Or, What Can An Organisational Change Impact Statement Tell Us About Higher Education In Australia?, Katherine Bode, Leigh Dale

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

In the last few years, a scholarly critique of current forms and directions of higher education has become increasingly prominent. This work, often but not exclusively focussed on the American and British systems, and on humanities disciplines, laments the transformation of the university into ‘a fast-food outlet that sells only those ideas that its managers believe will sell [and] treats its employees as if they were too devious or stupid to be trusted’ (Parker and Jary 335). Topics include the proliferation of courses and subject areas seen as profitable, particularly for overseas students;1 the commensurate diminution or dissolution of ‘unprofitable’ …

The Philippines And Japan In America's Shadow, Peter M. Sales

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

This book grew out of three intensive workshops and a great deal of collective brainstorming. The hard work has been worthwhile. As edited compilations go, this is a valuable collection that provides a number of insights into the occupation by the US of the Philippines from the beginning of the twentieth century and of Japan after the Pacific War. The project as a whole bears out the value of a collective enterprise that is planned and executed carefully and with a commonality of purpose. Many of the ideas that emerge from the shared focus are illuminating.

Shanghai Dancers: Gender, Coloniality And The Modern Girl, Vera C. Mackie

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

In 1924, the artist Yamamura K6ka (1885-1942) produced a colour woodcut depicting the dance hall of the New Carlton Hotel in Shanghai. In this print, two women are seated at a round table. One has bobbed hair; the other wears a red hat. Both wear western dress, but the embroidered jacket draped on one of the chairs suggests the fashion for Chinoiserie. Two cocktail glasses on the table contain red cherries. Several couples dance in the background of the picture, the women all with similar bobbed hair. The male dancing partners are barely visible and the women are seen from …

The Fibreculture Journal: Networked Utopias And Speculative Futures, Su Ballard, Zita Joyce, Lizzie Muller

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

The future began somewhere. The impulse behind this issue of The Fibreculture Journal was a crisis of imagination with regards to how the future might look and behave. Our starting point was the notion of post-millennial tension – the idea that in the decades following the year 2000 we find ourselves living in an era that was meant to be the future, but where many of our futuristic hopes and fantasies remain unfulfilled. Worse, our historical visions of hyper-technological futures seem to have propelled us into a perilous position where humankind may not have any kind of future at all. …

High Court Was Wrong To Stop 'War Crimes' Extradition, Gregory L. Rose

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

In 2005, the Australian government and ALP opposition stated their firm principled position on war criminals: extradite or prosecute. War criminals are not welcome to live freely in Australia. As the High Court has recently blocked a war crimes extradition, it has left the government with a difficult potential prosecution.

Hungary had requested the Commonwealth government to extradite Charles Zentai to stand trial for a war crime committed in 1944. Allegedly, while a member of the Hungarian Royal Armed Forces, Zentai recognised Peter Balazs, an 18-year old-youth, as a Jew who was out on the street without wearing the yellow …

Where Could The 9/11 Terrorist Trials Go Next?, Gregory L. Rose, Anthony Bergin

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

The criminal trials of the 9/11 terrorists may finally be coming to the punch line. Last Friday, the criminal trial of the architect of the 9/11 terrorist attacks, Khalid Sheik Mohammed, together with four others commenced in the Military Commission at Guantánamo Bay.

Yet this might be another variation on previous suspended prosecutions. In February 2008, criminal charges were first pressed against Khalid Sheik and his alleged co-conspirators in the Military Commission under the administration of president George W Bush. The trial began in June 2008. Five months later the accused indicated that they would plead guilty.

In January 2009, …

Review Of Ct Legislation: Submission On Federal Criminal Code Ct Provisions, Gregory L. Rose

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

This submission relates to only selected federal Criminal Code counter-terrorism (CT) laws, although recognising that national CT criminal laws form merely part a small part of the national effort required to combat extremist political violence. It suggests several of the CT provisions in which clarity could be improved.

Assessment of the federal CT laws against the criterion of necessity indicates that, although the CT criminal offences update or extend prior legislation, most prior legislation remains on the books, and overlap occurs. Yet, in another respect, they do not overlap with other extant crimes of violence. The intention of terrorism perpetrators, …