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Full-Text Articles in Law
The Legal Regime For The Protection And Exploitation Of Fishes, With Special Reference To Australia, Ronald J. West
The Legal Regime For The Protection And Exploitation Of Fishes, With Special Reference To Australia, Ronald J. West
Faculty of Law - Papers (Archive)
Australia has the third largest Exclusive Economic Zone (l° 648 250 km2) however overall commercial fisheries production is ranked relatively low in comparison with many other nations (240,000 metric tones per year, valued at $A2.2 billion)2. The reason underlying this relatively low level of fisheries production can be largely attributed to the low productivity of many marine waters surrounding the Australian coastline and a legal regime that is designed not only to manage fisheries, but to provide a significant degree of environmental protection to both fishes and their habitats.
Foster V Mountford: Cultural Confidentiality In A Changing Australia, Christoph Antons
Foster V Mountford: Cultural Confidentiality In A Changing Australia, Christoph Antons
Faculty of Law - Papers (Archive)
[extract] Foster v Mountford is a case belonging to the period in which Australian courts were finding their identity in deciding intellectual property disputes. As the first decision in Australia taking into account Aboriginal customary rights to culturally defined notions of secrecy, it is a landmark case. It symbolises a shift from assimilation policies based on the notion of Australia as terra nullius at the time of'discovery, towards a growing understanding of Aboriginal customs and associated rights. As a case dealing with anthropological publications, it has to be seen against its contemporary background of anthropological paradigms and the emergence of …
Fatwas: Their Role In Contemporary Secular Australia, Nadirsyah Hosen, Ann Black
Fatwas: Their Role In Contemporary Secular Australia, Nadirsyah Hosen, Ann Black
Faculty of Law - Papers (Archive)
In Australia, there has been confusion and misunderstanding surrounding the term 'fatwa'. This goes both to its meaning and also to the role fatwas fulfil for Muslims, whether in Australia or in other parts of the world. This paper seeks to address both of these issues, first by demystifying fatwa through exploration of the distinctive place the have in Islamic jurisprudence, and second by identifying the methodology used by jurists in ifta (the giving of fatwas), which has enabled Islamic law to be responsive to new developments and contemporary challenges. Given the recent expansion of technological, economic and medical advances …
Regulating Fishing In Australia: From Mullet Size Limits To International Hot Pursuits, Warwick Gullett
Regulating Fishing In Australia: From Mullet Size Limits To International Hot Pursuits, Warwick Gullett
Faculty of Law - Papers (Archive)
Fisheries laws simply regulate human interactions with fish. Yet it is an enormous challenge to get them right. The central problem with which fishing laws need to deal is that technological advancements continually enable people (especially commercial fishers) to increase their ability to catch fish. This may be coupled with an increasing number of people fishing, or perhaps a relatively stable number of people fishing but changing their practice such as intensively fishing in one location. Human activities affecting fish are ever changing and, as a result, so too are fisheries laws. Past fishery collapses (such as cod stocks off …
Introduction: Creating White Australia: New Perspectives On Race, Whiteness And History, Jane L. Carey, Claire Mclisky
Introduction: Creating White Australia: New Perspectives On Race, Whiteness And History, Jane L. Carey, Claire Mclisky
Faculty of Law, Humanities and the Arts - Papers (Archive)
As the promulgation of the White Australia Policy in 1901 would seemingly demonstrate, ‘whiteness’ was crucial to the constitution of the new Australian nation. And yet historians have paid remarkably little attention to this in their studies of Australia’s past. ‘Whiteness’, as a concept, has only recently been recognised as a significant part of the story of Australian nationalism. In seeking to understand the operations of ‘race’, historians have primarily looked towards Indigenous peoples and other ‘non-white’ groups. Creating White Australia takes a fresh approach to the questions of Australian national formation and the crucial role of race in Australian …
White Anxieties And The Articulation Of Race: The Women’S Movement And The Making Of White Australia, 1910s–1930s, Jane L. Carey
White Anxieties And The Articulation Of Race: The Women’S Movement And The Making Of White Australia, 1910s–1930s, Jane L. Carey
Faculty of Law, Humanities and the Arts - Papers (Archive)
This chapter examines the racial anxieties at work in the Australian women’s movement in the early 1900s, focussing on campaigns and organisations aimed at increasing and ‘improving’ the white population on the one hand and discussions of the ‘Aboriginal problem’ on the other. It particularly examines the activities of the National Council of Women, the largest women’s group of this period, and the Australian Federation of Women Voters, a smaller but highly influential organisation, as well as local groups which emerged to further these causes. Specifically, it explores efforts to promote immigration from Britain, which went alongside eugenic measures to …