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Articles 31 - 60 of 68
Full-Text Articles in Law
Reflections On Transgender Immigration, Nan Seuffert
Reflections On Transgender Immigration, Nan Seuffert
Faculty of Law - Papers (Archive)
Recently, the Human Rights Commission of New Zealand has conducted an inquiry that has officially documented 'the obstacles to dignity, equality and security for trans people'. The Australian Human Rights Commission has also recently conducted a sex and gender diversity project, and in 2006 the Equalities Review in the United Kingdom commissioned the largest research project ever untaken globally on trans people's lives, reported in Engendered Penalties: Transgender and Transsexual People's Experiences of Inequality and Discrimination. This article reflects on the implications of the issues raised by these recent reports and research for transgendered people immigrating to and from New …
Same-Sex Immigration: Domestication And Homonormativity, Nan Seuffert
Same-Sex Immigration: Domestication And Homonormativity, Nan Seuffert
Faculty of Law - Papers (Archive)
LAW- AND POLICY-MAKERS in New Zealand have taken what might be seen, from a conservative/liberal divide, as two contradictory stances on aspects of border control over the past decade. In one move, they have progressively tightened and whitened immigration policy generally, making the criteria and process for gaining residency more restrictive. At the same time, they have progressively opened the borders in relation to the immigration of same-sex couples, aligning immigration requirements for these couples with those of heterosexual couples. I argue that New Zealand's recent liberalisation of immigration law and policy for gays and lesbians aligns with, rather than …
The Arctic: A Race For Resources Or Sustainable Ocean Development, Tavis Potts, Clive Schofield
The Arctic: A Race For Resources Or Sustainable Ocean Development, Tavis Potts, Clive Schofield
Faculty of Law - Papers (Archive)
The Arctic Ocean is a semi-enclosed sea surrounded by five coastal states: Canada, Denmark (Greenland), Norway (Svalbard), the Russian Federation and the United States of America (Figure 1). Since the planting of a Russian flag on the sea-bed at the North Pole in August 2007 there have been renewed efforts by the other Arctic Ocean littoral states to reinforce their claims in the region. This, combined with the dramatic decrease in the extent of summer sea-ice, means that the Arctic has become a focus of global media, scientific and government attention. Much of this Arctic narrative has been decidedly alarmist, …
That Vague But Powerful Abstraction: The Concept Of 'The People' In The Constitution, Elisa Arcioni
That Vague But Powerful Abstraction: The Concept Of 'The People' In The Constitution, Elisa Arcioni
Faculty of Law - Papers (Archive)
The concept of ‘the people’ in the Constitution is undoubtedly unfinished constitutional business. The concept is “vague” due to a lack of development by the High Court but also because it is an inherently fluid concept. Yet it is also “powerful” because of what ‘the people’ has come to signify, which is something that I suggest should be further developed by the High Court. There are two questions that I will consider in this paper. The first is: who are ‘the people’? The second is: what impact do they have on our understanding of the Constitution and constitutional terms?
Compliance Review: A Study Undertaken To Support The Development Of A Regional Mcs Strategy For Pacific Oceanic Fisheries, Quentin A. Hanich, Colin Brown, Ben M. Tsamenyi, Marcel Kroese, Duncan Soutar, Christian Mcdonald
Compliance Review: A Study Undertaken To Support The Development Of A Regional Mcs Strategy For Pacific Oceanic Fisheries, Quentin A. Hanich, Colin Brown, Ben M. Tsamenyi, Marcel Kroese, Duncan Soutar, Christian Mcdonald
Faculty of Law - Papers (Archive)
The achievement of FFA members’ regional goals for their tuna fisheries depends heavily upon the effective implementation by national governments of a comprehensive range of MCS measures. In support of this, FFA members have established various regional MCS measures that provide a framework to enable effective management and control of the region’s tuna fisheries. However, problematic implementation at the national level continues to undermine the ability of FFA members and the secretariat to fully implement these initiatives and effectively monitor and control the region’s tuna fisheries, thereby threatening their returns. While some FFA members have developed strong MCS systems with …
Safeguarding The Stocks: A Report On Analytical Projects To Support The Development Of A Regional Mcs Strategy For Pacific Oceanic Fisheries, Duncan Soutar, Quentin A. Hanich, Mark Korsten, Tim Jones, Jack Mccaffrie
Safeguarding The Stocks: A Report On Analytical Projects To Support The Development Of A Regional Mcs Strategy For Pacific Oceanic Fisheries, Duncan Soutar, Quentin A. Hanich, Mark Korsten, Tim Jones, Jack Mccaffrie
Faculty of Law - Papers (Archive)
This report sets out the results of five analytical projects undertaken to support the development of a Regional MCS Strategy for Pacific oceanic fish stocks. The overarching purpose of the Strategy is to support a management regime and associated measures that will ensure the long term sustainability of oceanic fish stocks and associated economic benefits flowing from them to Pacific Island Countries. Extensive consultation was undertaken in support of the projects including visits by the project team to 16 of the 17 FFA member nations, direct consultation with staff from key regional institutions (e.g. WCPFC, SPC, USP), as well as …
Fare Well, Justice Kirby, Elisa Arcioni
Fare Well, Justice Kirby, Elisa Arcioni
Faculty of Law - Papers (Archive)
Who can believe it? ‘The great dissenter’, the judge with a Facebook site dedicated to him,1 the person known affectionately to his associates as ‘our Judge’, Justice Michael Kirby has reached the end of his federal judicial tenure. Justice Kirby has turned 70 and, as required by section 72 of the Constitution, must leave his office in the High Court of Australia. Analysis of the Judge’s jurisprudential influence will flow soon enough. This piece is instead a reflection on the experiences of his associates to provide some different insights, such as into the workings of his High Court chambers. Those …
Art Actually! The Courts And The Imposition Of Taste, Marett Leiboff
Art Actually! The Courts And The Imposition Of Taste, Marett Leiboff
Faculty of Law - Papers (Archive)
How do we read art, at least in law? The traditional approach of the courts has been to disavow, or at least avoid any discussion on matters of aesthetics or connoisseurship, or more accurately assert such a disavowal. Because whether the courts acknowledge it or not, they actively judge art, even when they say they don't. Judging art by judges, as we will see, is not a particularly edifying spectacle, but is it better for the courts to avoid judging art? In this article, I will explore what happens when the courts grapple with the problem of judging art, but …
Response And Responsibilty, Richard Mohr
Response And Responsibilty, Richard Mohr
Faculty of Law - Papers (Archive)
One year after the Apology to the Stolen Generations, Richard Mohr asks what we mean by 'responsibility' in the context of a government wishing to redress past wrongs. Looking specifically at the Intervention and the suspension of the Racial Discrimination Act, Richard argues that, for the Apology to have any meaning beyond 2008, it is important that the Commonwealth deliver on the concrete measures recommended in Bringing them Home, and provide Aboriginal and Torres Strait Islander people a guarantee against further racist polices, both now and in the future.
Older Workers As Vulnerable Workers In The New World Of Work, Malcolm Sargeant, Andrew Frazer
Older Workers As Vulnerable Workers In The New World Of Work, Malcolm Sargeant, Andrew Frazer
Faculty of Law - Papers (Archive)
The paper brings focus to the consideration of one particular group of vulnerable workers who may be adversely affected by new forms of work. This group already suffers from discrimination based upon their age and this paper will consider whether this discrimination is compounded by the increasing numbers of older workers in the precarious workforce. The paper examines older workers in Australia and the United Kingdom to determine the extent of their involvement in precarious work, in particular part-time, casual or temporary work, and self-employment.
Fakers And Forgers, Deception And Dishonesty: An Exploration Of The Murky World Of Art Fraud, Kenneth Polk, Duncan Chappell
Fakers And Forgers, Deception And Dishonesty: An Exploration Of The Murky World Of Art Fraud, Kenneth Polk, Duncan Chappell
Faculty of Law - Papers (Archive)
This article examines the problem of fraud in the contemporary art market. It addresses two major cases where persons have been convicted of art fraud in recent years in Australia, examining the legal context within which the prosecutions took place. It then examines problems in common terms such as 'forgery' and 'fakery'. The final sections review the different ways that issues of authenticity in art are addressed in possible cases of art fraud, and examines the question of why so little art fraud comes to the attention of the criminal justice system.
‘Allontanarsi Dalla Linea Gialla’: Distance And Access To Urban Semiosis, Richard Mohr
‘Allontanarsi Dalla Linea Gialla’: Distance And Access To Urban Semiosis, Richard Mohr
Faculty of Law - Papers (Archive)
This is an enquiry into the relationship between familiarity and distance in semiotic and related studies. In parallel, it explores our relationship to cities: the familiar as the ground of our daily lives are invisible, while the unfamiliar become vivid in proportion to our ignorance of them. Learning and research may at first appear to involve a process of gaining greater proximity to the subject matter. There are indications from the semiotic and phenomenological traditions that suggest, however, that greater distance is required, in order to question taken-for-granted semiotic bonds and to step outside in order to examine quotidian life …
Does Otolith Chemistry Indicate Diadromous Lifecycles For Five Australian Riverine Fishes?, Ronald J. West, N. G. Miles, M. D. Norman
Does Otolith Chemistry Indicate Diadromous Lifecycles For Five Australian Riverine Fishes?, Ronald J. West, N. G. Miles, M. D. Norman
Faculty of Law - Papers (Archive)
Diadromy is an important characteristic of the lifecycle of many Australian coastal fishes, but many of these species remain poorly studied. The migratory patterns of five riverine fish species from south-eastern Australia were examined using otolith chemistry. Analyses of individual otoliths from wild-caught fishes revealed distinctive lateral variation in otolith Sr : Ca values that provide good evidence for an amphidromous lifecycle for two species: Myxus petardi and Gobiomorphus australis. Gobiomorphus coxii, Potamalosa richmondia and Notesthes robusta displayed Sr : Ca patterns that indicated that these species may have more complex movements between marine and fresh water. Overall, these results …
Ambulance Officers: The Impact Of Exposure To Occupational Violence On Mental And Physical Health, C. Mayhew, D. Chappell
Ambulance Officers: The Impact Of Exposure To Occupational Violence On Mental And Physical Health, C. Mayhew, D. Chappell
Faculty of Law - Papers (Archive)
Health workers in general, and ambulance officers in particular, experience significant levels of occupational violence. In this article, the results are reported from a study which gathered both quantitative and qualitative data on the occupational violence encountered by 40 ambulance officers working in a large Australian health agency. Each officer was interviewed face-to-face, completed a detailed questionnaire with both qualitative and quantitative responses required, and also completed the abbreviated General Health Questionnaire (GHQ), an instrument which has been validated across a range of international studies to measure emotional stress. The stUdy findings showed, among other things, a high risk 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 …
Shhh ... We Can't Tell You: An Update On The Naming Prohibition Of Young Offenders, Robyn Lincoln, Duncan Chappell
Shhh ... We Can't Tell You: An Update On The Naming Prohibition Of Young Offenders, Robyn Lincoln, Duncan Chappell
Faculty of Law - Papers (Archive)
Prohibitions on the naming of young offenders in criminal proceedings remain a controversial issue both in Australia and abroad. Despite international obligations, like those contained in the UN Convention on the Rights of the Child, to protect the privacy of young people in conflict with the law jurisdictions like the Northern Territory (NT) continue to flout such provisions by placing few restrictions on media reporting of criminal cases involving juveniles. Amidst political clamours for ever more punitive measures to deal with youth crime other jurisdictions now seem bent upon following the NT's approach. A notable and largely unnoticed exception to …
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 …
Shariah Law And Cyber-Sectarian Conflict: How Can Islamic Criminal Law Respond To Cyber Crime?, Alaeldin Maghaireh
Shariah Law And Cyber-Sectarian Conflict: How Can Islamic Criminal Law Respond To Cyber Crime?, Alaeldin Maghaireh
Faculty of Law - Papers (Archive)
The Islamic world has populated cyberspace and opened up websites propagating Islamic rhetoric and ideology. Some of these website established cyber-schools teach hacking techniques. Unfortunately, the growing Muslim presence in cyberspace has spawned an increasing amount of what can be termed as ‘cyber-sectarian conflict’. Thus, it is not uncommon to find that Islamic and non-Islamic websites have been hacked and sabotaged by Anti-Fitna Muslim Hackers or other hackers. Amazingly, Muslim scholars refrained from condemning ‘Hacktivism’ and even made it appear as if it were perpetrated to defend Islam. Shariah response to the problem is significant since Muslims hackers consider Shariah …
Blurring The Lines: Maritime Joint Development And The Cooperative Management Of Ocean Resources, Clive H. Schofield
Blurring The Lines: Maritime Joint Development And The Cooperative Management Of Ocean Resources, Clive H. Schofield
Faculty of Law - Papers (Archive)
The first part of the paper examines the significant extension in coastal State jurisdiction offshore and outlines progress in the delimitation of maritime boundaries worldwide. Some of the problems associated with lack of maritime boundary delimitation and the resultant large zones of overlapping maritime claims are then highlighted. Progress in the cooperative management of ocean resources through maritime joint development zones is then reviewed.
The Philippine Treaty Limits And Territorial Water Claim In International Law, Lowell Bautista
The Philippine Treaty Limits And Territorial Water Claim In International Law, Lowell Bautista
Faculty of Law, Humanities and the Arts - Papers (Archive)
The fundamental position of the Philippines regarding the extent of its territorial and maritime boundaries is based on two contentious premises: first, that the limits of its national territory are the boundaries laid down in the 1898 Treaty of Paris which ceded the Philippines from Spain to the UnitedStates; and second, that all the waters embraced within these imaginary lines are its territorial waters. The position of the Philippine Government is contested in the international community and runs against rules in the Law of the SeaConvention, which the Philippines signed and ratified. This situation poses two fundamental unresolved issues of …
Indigenous Sentencing Courts (Brief 5, December), Elena Marchetti
Indigenous Sentencing Courts (Brief 5, December), Elena Marchetti
Faculty of Law, Humanities and the Arts - Papers (Archive)
This brief focuses on Indigenous sentencing courts, which operate in all Australian states and territories except Tasmania. These courts have been established according to protocols and practices, and can be distinguished from more informal practices that occur in remote areas where judicial officers travel on circuit. The first court was established in Port Adelaide on 1 June 1999. Indigenous sentencing courts do not practise or adopt Indigenous customary laws. Rather, they use Australian criminal laws and procedures to sentence Indigenous offenders who have either pleaded guilty or been found guilty, but they allow Indigenous Elders and Respected Persons to participate …
Critical Discernment Of Quality In Singing: An Approach To Encouraging Self-Regulated Singers Through Peer Assessment, Lotte Latukefu
Critical Discernment Of Quality In Singing: An Approach To Encouraging Self-Regulated Singers Through Peer Assessment, Lotte Latukefu
Faculty of Law, Humanities and the Arts - Papers (Archive)
In 2008, as part of the ongoing development of a learning model for singing using sociocultural theories, peer assessment was introduced into the singing component of a tertiary level, undergraduate, creative arts performance course. The purpose of this exercise was to encourage students to become self-regulated learners capable of continuing with their learning after graduation. Falchikov (2007) has argued that peer involvement in assessment has the potential to encourage learning and develop assessment skills that will last a lifetime. The project investigated what effect changing the role of the actor/singer in an assessment has on the group and also the …
Partners Or Adversaries? The Role Of Ngos In The Implementation Of International Fisheries Instruments., Pio Emosi Manoa
Partners Or Adversaries? The Role Of Ngos In The Implementation Of International Fisheries Instruments., Pio Emosi Manoa
Faculty of Law, Humanities and the Arts - Papers (Archive)
Non-government organisations (NGOs) are regarded as ‘heavyweight’ actors in international fora.1 The term NGO refers to any organisation that is not a government or inter-governmental organisation. In fisheries governance in the Western and Central Pacific Ocean, the increasing involvement of NGOs is a consequence of post United Nations Conference on Environment and Development (UNCED)2 developments and globalisation processes. The 1992 UNCED, also referred to as the Earth Summit, provided the platform for greater participation of civil society in the pursuit of sustainable development and key fisheries principles were elaborated. Other international meetings such as the World Summit on Sustainable Development …
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 …
Forever Elsewhere, Ingeborg Elisabeth Van Teeseling
Forever Elsewhere, Ingeborg Elisabeth Van Teeseling
Faculty of Law, Humanities and the Arts - Papers (Archive)
Review of John Mateer. Elsewhere. Cambridge: Salt Publishing, 2007. 124 pp. A$27.95. ISBN 978-1-844712-75-5
Breton, Bataille And Lacan’S Notion Of “Transgressive” Sublimation, Klemens E. James
Breton, Bataille And Lacan’S Notion Of “Transgressive” Sublimation, Klemens E. James
Faculty of Law, Humanities and the Arts - Papers (Archive)
Surrealism has sometimes been characterised as a movement in flight from reality, attempting to evade the base and the material by immersing itself in oneiric realities and the "world-rubble of the unconscious" (Adorno). Indeed, Surrealism is frequently equated with an idealising "sublimatory" tendency within modernist art which contrasts with the deconstructive and "desublimatory" stance of George Bataille, a dissident surrealist known for his transgressive writings on eroticism. Even in their conceptualisation of love, the surrealists are frequently considered to be too idealising – and all the more so in the case of their leading spokesman, André Breton. In this paper …
Philosophical Antecendents To Situated Cognition, Shaun Gallagher
Philosophical Antecendents To Situated Cognition, Shaun Gallagher
Faculty of Law, Humanities and the Arts - Papers (Archive)
In this chapter I plan to situate the concept of situated cognition within the framework of antecedent philosophical work. My intention, however, is not to provide a simple historical guide but to suggest that there are still some untapped resources in these past philosophers that may serve to enrich current accounts of situated cognition. I will include embodied cognition as part of the concept of situated cognition. One often encounters these terms used togetherembodied cognition and situated cognition - and it is clear that situated cognition cannot be disembodied, although some authors emphasize one over the other or provide principled …
Eight Poems, Dan Huang, Yu Ouyang
Eight Poems, Dan Huang, Yu Ouyang
Faculty of Law, Humanities and the Arts - Papers (Archive)
Eight poems by Ouyang Yu
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 …
Amona - Artwork Exhibited In The Exhibition Temperature 2, Madeleine T. Kelly
Amona - Artwork Exhibited In The Exhibition Temperature 2, Madeleine T. Kelly
Faculty of Law, Humanities and the Arts - Papers (Archive)
No abstract provided.