Law Commons^™

The Arbitral Award In The Matter Of The South China Sea Between The Philippines And China What Are The Implications For Freedom Of Navigation And The Use Of Force?, Cameron Moore

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

This article considers the implications of the Award for freedom of navigation and the use of force in the South China Sea, identifying the conclusions that can be drawn from the Award and the questions that remain. The Award also indirectly raised the question of the use of force to defend navigational rights. This article therefore revisits the Corfu Channel Case for the light it may shed on the use of force and freedom of navigation in the South China Sea. This leads to questions of the danger of miscalculation and the potential importance of the Code for Unplanned Encounters …

Drumming The Future: Vietnamese Drumming As A Bridge Between Tradition And Popular Entertainment, Janys Hayes

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

The fascination of Vietnamese with drums and drumming reaches back into the pre-historic when bronze drums (Dong Son), from the Red River Delta region of Vietnam’s north, were prized trading commodities throughout the Asian world of that time. Now in the 21st century the Dong Son and other historically renowned drum types have become symbols for Vietnam’s emergence into an international cultural and economic arena. This paper charts three Vietnamese international events that illustrate the emblematic use of traditional drumming as a nationalistic symbol of modern Vietnam: The Third Asian Indoor Games held in Hanoi in 2009 opened with a …

The Necessity Of The New: Between The Modern And The Contemporary, Ian A. Mclean

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

'"The contemporary" is a curious neologism,' observed James Meyer, as the definite article lends this 'adjective or noun denoting a shared temporality of persons, things, or events ... a new importance.' The definite article announced the art world's big discovery around the turn of the twenty-first century: that the word 'contemporary' had, like the term 'modern' before it, acquired a theoretical and, indeed, metaphysical density. The contemporary, as more than a few art critics say these days, is the new modern. To make this claim, whether as an act of succession or negation, is to invest in a loaded history. …

Drumming The Future: Vietnamese Drumming As A Bridge Between Tradition And Popular Entertainment, Janys Hayes

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

The fascination of Vietnamese with drums and drumming reaches back into the pre-historic when bronze drums (Dong Son), from the Red River Delta region of Vietnam’s north, were prized trading commodities throughout the Asian world of that time. Substantial archaeological evidence from the Dong Son culture (1st millennium BCE – 2nd century CE) indicates that the bronze drums, cast in one piece through the lost-wax technique and often weighing two hundred kilograms or more were venerated possessions used as regalia, burial objects and musical instruments for ceremonies and festivals. Now in the twenty-first century the Dong Son and other historically …

Graduations Between Land And Sea: Recent Developments And Emerging Clarity?, Clive Schofield, Ian Townsend-Gault

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

The Legal Regime of Land Features:

Longstanding legal dictum that 'the land dominates the sea'

Sovereignty over land territory therefore a vital prerequisite for advancing claims to maritime jurisdictionTwo seemingly straightforward questions:

* What is 'land'?

* Where does the land end and the sea begin?

Brazil's Economic Success: Between The Classic And The New Developmental State Models, Gabriel Garcia

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

In the aftermath of the Asian financial crisis, developing countries began questioning the neo-liberal development paradigm embedded in the so-called ‘Washington Consensus’ sponsored by international financial institutions such as the World Bank and the International Monetary Fund (IMF). The debate was reopened to discuss not only about which economic model was most suitable to promote development but also the role of the government and law in the development process.

Balancing The Tensions Between Shipping And Marine Environmental Protection In The Straits Of Malacca And Singapore: Have The Straits Reached An Environmental Tipping Point?, Mohd Mohd Rusli

Faculty of Law - Papers (Archive)

Having reputations as two of the world's most critical straits for international shipping activities, the problem of vessel-source pollution has always been endemic in the Straits of Malacca and Singapore. With the projected steady increase of navigational traffic through the Straits of Malacca and Singapore each year, this situation would eventually create more intricate situations for the littoral States of the Straits, namely Malaysia, Indonesia and Singapore especially in maintaining the marine environment of the Straits from vessel-source pollution. Therefore, this article ventures into possible shipping control mechanisms available to the littoral States, namely measures provided by the IMO and …

Identifying Links Between Ecosystem Services And Aboriginal Well-Being And Livelihoods In North Australia: Applying The Millennium Ecosystem Assessment Framework, K K. Sangha, J.R.A Butler, Aurelie Delisle, Owen Stanley

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

The livelihoods and well-being of Aboriginal and non-Aboriginal communities in remote and rural northern Australia are dependent upon the ecosystem services provided by tropical ecosystems. The well-being of all Australian citizens is measured by the Australia Bureau of Statistics (ABS) using socio-economic indicators. In this study we investigated the importance of non-market benefits derived from ecosystem services for Aboriginal well-being. Through a case study with the Mullunburra-Yidinji people in the Wet Tropics, Queensland, we applied the Millennium Ecosystem Assessment (MA) framework to identify the links between ecosystem services and the MA’s six constituents of human well-being. The study demonstrated that …

Wittgenstein's Poker: The Story Of A Ten-Minute Argument Between Two Great Philosophers, Daniel D. Hutto

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

Did Wittgenstein violently threaten Karl Popper with a poker on the cold evening of 25 October 1946 at a meeting of Moral Sciences Club in Cambridge? Responding to this question is the wonderful pretext that the authors use to introduce the rich world and characters of mid-twenteith century philosophy. They grab their readers' imaginations by latching onto this concrete, legendary, event - the alleged aggressive weilding of a poker - at what many would have imagined to be an utterly civilised, if not downright dull, philosophical meeting. Through this investigation, they bring to life not only the characters in this …

Of A 'Contested Ground' And An 'Indelible Stain': A Difficult Reconciliation Between Australia And Its Aboriginal History During The 1990s And 2000s, Lorenzo Veracini

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

This article proposes an interpretative narrative of the evolution of Aboriginal history as a scholarly enterprise during the 1990s and in more recent years. The 1990s were characterised by attempts to synthesise the interpretative traditions resulting from previous decades of scholarly activity. In more recent years, the debate has shifted dramatically, dealing specifically with the genocidal nature of white Australia's policy towards Aboriginal peoples. The most important passages in this process are associated with the 1992 Mabo decision by the Australian High Court and the publication of the Bringing them home report of 1997.