Law Commons^™

The Great Kiwi (Dis)Connect: The New Provinces Act Of 1858 And Its Consequences, Andre Brett

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

In 1853, New Zealand began a quasi-federal experiment that ended surprisingly quickly. New Zealand's Pakeha (white) settlers, many influenced by the Chartist movement, had migrated in the expectation that they would possess the same rights as Englishmen at home. After vociferous agitation and a false start when an earlier constitution was blocked as unworkable, they were granted a representative constitution that contained a system of six provinces.2 Five of the provinces quickly established ministries that were wholly or partially responsible to the legislature, and responsible government at the national level followed in 1856. 3 Although responsible government followed similar lines …

That Famous Fighting Family, Kate Bagnall

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

Historian Kate Bagnall is co-founder of the Invisible Australians project, which seeks to compile biographies of non-European, non-Indigenous people living in Australia during the White Australia period. Here, she writes about one particular band of five brothers - and their two nephews - who joined up to fight in World War I.

Invisible Australians, Kate Bagnall

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

A new project combines digital methods and historical narrative to reveal the lives of non-white, non-Indigenous people in early 20th-century Australia.

Transnational Imaginaries: Reading Asian Australian Writing, Wenche Ommundsen

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

When did ‘Asian Australian writing’ come into existence? Answering this question is almost as difficult as deciding when people from the regions now known as Asia first arrived in Australia. We know, for example, that Chinese settlers filed petitions protesting their treatment by colonial governments as early as 1855 (Broinowski 11), and that autobiographical writing appeared in the 1920s (Shen 2001). Creative writers started publishing in the 1950s (Mena Abdullah), 60s (Chitra Fernando) and 70s (Ee Tiang Hong, Brian Castro) – and when we know more about publications in languages other than English, these dates are likely to be pushed …

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.

Review: Dawn For Islam In Eastern Nigeria: A History Of The Arrival Of Islam In Igboland By Egodi Uchendu, Josip Matesic

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

Egodi Uchendu’s Dawn for Islam in Eastern Nigeria: A History of the Arrival of Islam in Igboland attempts to account for the arrival of Islam in Igboland (Nigeria’s ‘Christian heartland’) at the beginning of the twentieth century, and its survival and modest growth from that time onwards. As Uchendu writes, she wants to know how and why a region known to be opposed to Islam has accommodated Islam for a century.

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 2), 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 …

R2p Ideas In Brief: Pillar Ii In Practice: Police Capacity-Building In Oceania (Pp. 1-6) (Vol.2, No.4), Charles Hawksley, Nichole Georgeou

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

APCR2P Centre Policy Brief: This Policy Brief assesses police capacity building in Oceania.

'The Riddle Of History Solved': Socialist Strategy, Modes Of Production And Social Formations In Capital, Mike Donaldson

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

Reflecting on Capital again allows one to place it within the arc of Marx’s unfolding work on social formations and modes of production in a wide variety of times and places. In this article, I show how Marx’s detailed and incisive analysis in Capital of the capitalist mode of production, its origins, functioning and future, made him more keenly aware of other modes of production and of their possibilities in a better future.

La Fonética De Aprendices De Español Del Sur Y Del Norte De Inglaterra: Consideraciones Acerca De Su Ensenaza, Alfredo Herrero De Haro, M. Antoniet Andión Herrero

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

A correct pronunciation is of paramount importance to guarantee the intelligibility of students of Spanish as a Foreign Language; however, paradoxically, the teaching of pronunciation is one of the least taught sub-skills in SFL manuals. The phonetic-phonological differences between the L1 and the L2 of the students will have great influence on the acquisition of the pronunciation, making it more difficult or easier depending on the degree of similarity between both phonetic-phonological systems, although it is the distance between the sounds of the dialectical region of the speaker and the L2 that will contribute the most to the success or …

Hilal And Halal: How To Manage Islamic Pluralism In Indonesia?, Nadirsyah Hosen

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

The paper examines the tension amongst the Indonesian government and Islamic organisations in dealing with the plurality of interpretation within Islamic tradition and at the same time maintaining the unity and harmony of the Muslim ummah. I provide two case studies here: first, the issue of determining the first and the end of Ramadan and also 10 Zul Hijjah (for Idu al-Adha). Second, who has the authority to issue halal certificate? Due to different methods of hisab (astronomical calculation) and ru’yah (sighting a new crescent), Islamic organisations (Muhammadiyah, Nahdlatul Ulama and Majelis Ulama Indonesia) have produced different fatwas. At the …

The Importance Of The Local In A Global Age: A Comparative Analysis Of Networking Strategies In Postgraduate Law Research Teaching, Linda Roslyn Steele, Rita Shackel, Felicity Bell

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

Research indicates that postgraduate research students, and particularly those researching in law, feel isolated socially and academically from one another, and from scholarly life. Postgraduate research students are now more globally connected because of technology. Yet opportunities to connect with colleagues locally, to share and reflect on research findings, methods and experiences are insufficient. This paper reports on the preliminary stages of a project led by legal and criminological scholars to establish a postgraduate student network that is interdisciplinary, interfaculty and cross institutional in structure with a specific focus on ‘crim*’ related studies including criminology, criminal law and criminal justice. …

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.

The Responsibility To Protect In Oceania: A Political Assessment Of The Impact And Influence Of R2p On Police Forces, Andrew Goldsmith, Charles Hawksley, Nichole Georgeou

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

The project ‘R2P in Oceania’ is a political assessment of the impact and influence of R2P principles on the developing police forces of three states, Timor-Leste, Solomon Islands and Papua New Guinea (PNG). It links most strongly with the Centre’s priority concept two: supporting states to build their capacities to protect their own populations from abuses of human rights, including genocide and mass atrocities. This articulates with the Responsibility to Assist, the least studied aspect of the UNSG’s ‘Three Pillars’ Approach to R2P. Our research provides empirical findings surrounding the process of police-building in these states. It points to the …

Artwork Exhibited In The "Time And Vision" Exhibition, Patrick Hartigan

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

No abstract provided.

Festival Of Carols, David C. Vance

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

12.30 Friday 30th November, 2012.

Gillian Meers - soprano

Amanda Harris - mezzosoprano

David Vance - associate artist

Quiet Terror, Elizabeth D. Eastland

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

Quiet terror: Eastland explores edge of unknown

The tension between what we know and the unpredictable, tempestuous nature of reality forms the basis of a compelling installation by UOW’s Elizabeth Eastland.

Quiet Terror: Studio, Lab and Experiment on the Edge of the Unknown is the product of 18 months of work by Ms Eastland, who is UOW’s Director of Innovation and Commercial Research as well as artist in residence at the University’s Australian Institute of Intelligent Materials. The works form part of her PhD being undertaken at the Sydney College of the Arts, Sydney University.

Why Animal Ethics Committees Don't Work, Denise Russell

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

Animal ethics committees have been set up in many countries as a way to scrutinize animal experimentation and to assure the public that if animals are used in research then it is for a worthwhile cause and suffering is kept to a minimum. The ideals of Refinement, Reduction and Replacement are commonly upheld. However, while refinement and reduction receive much attention in animal ethics committees, the replacement of animals is much more difficult to incorporate into the committees’ deliberations. At least in Australia there are certain structural reasons for this but it is likely that most of the reasons why …

Delivering Design: Testing A New Model For Developing Regional Audiences For Touring Exhibitions And Design Projects, Jennie A. Lawson, Lisa Cahill

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

Object: Australian Design Centre (Object) partnered with the Western Plains Cultural Centre (WPCC) and the University of Wollongong (UOW) to undertake a research project to examine the relationship between the touring organisation and the host venue and how strengthening that relationship may lead to increased engagement with regional audiences.

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’ …

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.

Signature And Illusion: Lessons From The Baroque For 'Truth' In Law, Arts And Humanities, Richard Mohr

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

Basic to contemporary problems in the disciplines of representation and interpretation is a split between a naïve acceptance of bare facts, presumed to exist in their own ‘objective’ world of objects, and the actions of subjects who interpret an intersubjective world. The solution is sought in some ‘new’ epistemologies: Martín Alcoff, Grosz, Kristeva, Butler, as well as in Benjamin and Gadamer, who look back to older ways of knowing. The methodology is an archaeology of these ways of knowing, focussed on a crucial transition in the understanding of representation between the renaissance and the baroque. It uses quintessential methods of …

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.

Editorial Essay: 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. …

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 …