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Full-Text Articles in Law
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 …
Charting A Sustainable Course Through Changing Arctic Waters, Robin Warner
Charting A Sustainable Course Through Changing Arctic Waters, Robin Warner
Faculty of Law - Papers (Archive)
As the Arctic ice recedes, the opportunities for all year round routing of merchant shipping through Arctic waters rise. The freeing up of Arctic waters may also attract increased numbers of scientific research vessels servicing oil and gas installations, foreign fishing vessels and warships. The prospect of major navigational channels opening up in this region brings risks to a pristine Arcti environment and its indigenous inhabitants. This article highlights the threats posed to the species, habitats and ecosystems of Arctic waters from increased shipping transits of the region including the potential for increased vessel source discharges of noxious and hazardous …