Law Commons^™

The Nuremburg International Military Tribunal And Universal Crimes, K. Michael

Associate Professor Katina Michael

The synopsis is divided into five parts: 1. The International Military Tribunal (IMT) at Nuremberg 2. The Charter of the Nuremberg International Military Tribunal 3. A Case Overview of Karl Doenitz (One of the 24 Accused of Universal Crimes) 4. Reaction and Evaluation to the Charter of the Nuremberg IMT 5. Reflections on Nuremberg- Success or Failure?

Updating International Humanitarian Law And The Laws Of Armed Conflict For The Wars Of The 21st Century, G. L. Rose

Faculty of Law - Papers (Archive)

Aspects of international humanitarian law (IHL) and the international law of armed conflict (LOAC) are out-dated because they are ill-adapted to new battlefields. Some innovation is needed in them to address thc complexities of the networked insurgencies that we see today. War between states has declined in prev alence and importance relative to armed conflicts across societal groups, both within states and acro ss nat ional borders. Private organisation s are likely to dominate armed conflicts for the foreseeable future, including those in the Asia- Pacific and beyond, where Australian expeditiona ry forces are engaged. Often called 'non-state actors' in …

The Delimitation Of Maritime Boundaries: A Matter Of Life Or Death For East Timor?, Clive Schofield, I Made Andi Arsana

Faculty of Law - Papers (Archive)

As a newly independent country, East Timor is faced with a number of significant challenges and opportunities—including the delimitation of international boundaries. Although it is the case that the majority of maritime boundaries around the world remain undelimited, where they are defined they provide jurisdictional clarity and certainty (Prescott & Schofield 2005:216-18). This can have multifaceted benefits, for instance in terms of facilitating the sustainable and effective management of the ocean environment and enhancing maritime security. Perhaps of more pressing importance for a developing country, agreement on the limits of maritime jurisdiction serves to secure coastal state rights to access …

Rethinking The Special Equity Rule For Wives: Post Garcia, Quo Vadis, Where To From Here?, Charles Chew

Faculty of Law - Papers (Archive)

The operation of the special equity principle can be seen where a wife does not understand the nature and effect of the guarantee she is induced to sign by the husband whereupon the transaction may be set aside. It should be remembered that women often become involved in these guarantees because of the existence of a personal relationship rather than because of any real appreciation of the legal relationship created. Credit providers such as banks involve women in this kind of ‘sexually transmitted debt’, ‘emotional debt’ or ‘relationship debt’ as a means of countering debtor default or to compensate for …

Migrant Workers As Political Agents—Analysis Of Migrant Labourers’ ‘Production Of Everyday Spaces’ In Japan, Hironori Onuki

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

While specifically focusing on the context of Japan (one of the major destinations of Asian as well as other migrant workers), my research investigates the concrete, contingent and situated practices of global labour migration. the primary research question of my project is: how far and in what ways are global labour migrations implicated in as well as resisting the neoliberal restructing of global political economy? The central hypothesis is that migrant worders, as political subjects, and their everyday social practices not only participate in and depend on but also contest and negotiate the neo-liberal re-configurations of labour-capital relation in the …

The Electric Thinking House - Artwork Exhibited In The Exhibition Twenty Twenty, Madeleine T. Kelly

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

No abstract provided.

Toward Inclusive Citizenship: Analysing Morality Within Citizenship Participation, Jane M. Lymer

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

The problem of attaining citizenship expansion has always been a question of how does one intervene in the political domain when one is not recognized as a political subject with a concomitant capacity for political participation. Historically, progress has been achieved by refiguring political agency as based on performance rather than entitlement. As such, many theorists concerned with attaining political citizenship for oppressed groups of people evoke protest and enactment as a means of citizenship expansion. While there is no doubt that such enactments and protests have been formative to highly developed civil rights, the ability to enact those rights …

Slash As Queer Utopia, Ika Willis

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

In Text, John Mowitt writes that textuality can be understood “in terms of the interplay between what takes place within a cultural production… and what, as yet, has no place within the social”. In this paper I will be trying to tease out the complicated topography produced by this interplay between what takes place and what has no place, in its specific relation to the utopic and queer spaces produced by slash fan fiction. I argue that Mowitt’s understanding of the text allows us to interrogate and to reframe the relationship between textuality and historical/social context (often metaphorized as ‘situatedness’, …

The Regime Of The Exclusive Economic Zone: Military Activities And The Need For Compromise?, Sam Bateman

Faculty of Law - Papers (Archive)

Military activities in the an exclusive economic zone (EEZ) were a controversial issue at the Third UN Conference on the Law of the Sea (UNCLOS III) and remain so in State practice. Some coastal States claim that other States cannot carry out military activities, including naval exercises and military surveying, in their EEZ without their consent, and have sought to apply restrictions on navigation and overflight in this zone. This “thickening” of jurisdiction over activities in the EEZ is strongly opposed by other States, particularly the major maritime powers. This contribution addresses some of the practical considerations associated with this …

Narrative And Media: Helen Fulton With Rosemary Huisman, Julian Murphet And Anne Dunn, Melbourne, 2005., Helen Caple

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

Book review

Narrative and Media Helen Fulton, with Rosemary Huisman, Julian Murphet, and Anne Dunn, Melbourne, 2005.

The book Narrative and Media should be of great interest to students and scholars of Media Studies alike. Coming from a post-structuralist perspective, the book interrogates the ideological implications of narrative strategies across the major forms of the media, and offers a clear and cogent explanation of how readers are positioned as consumers of the media. With the commodification of the media becoming more and more prevalent, media scholars need to develop a reliable set of theoretical tools rigorous enough to unpack how …

Artists Talk: Listen To The Imagination, Francesca T. Rendle-Short

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

How does the imagination work? How do artists working in different forms move from the very beginning of an idea to something they are ready to share with the world? How do artists - even the most experienced - contend with the possibility of failure? And, how do we develop a robust reflective and creative practice in our creative writing programs? This article doesn't pretend to answer these questions explicitly, rather, in its own elliptical style, it explores the possibilities of creation, how to express the inexpressible, how to share the most nascent of ideas. It introduces the reader to …

Kin-Fused Reconciliation: Bringing Them Home, Bringing Us Home, Fiona Probyn-Rapsey

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

At the height of the 1965 Freedom Rides through New South Wales, a violent demonstration of angry whites confronted students and local Aboriginal people as they tried to gain entry to the racially segregated pool in Moree. It occurred to one of the local organisers of the protest (Alderman Bob Brown) that the absurd thing about the violent demonstration was that most of those participating (on opposite sides) were in fact related to one another: a huge number of people in Moree are related, they may not be registered down at the registry office. the stupidity of it was that …

Book Review: With Love And Fury: Selected Letters Of Judith Wright, Dorothy L. Jones

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

This book is an important scholarly resource and a treasure trove full of insights into the life of one of Australia’s greatest poets. With the exception of three childhood letters published in the Sydney Morning Herald between 1925 and 1928, the correspondence covers a period from 1942 till Judith Wright’s death in 2000. It is presented in chronological sequence, gathered into groups of eight to ten years, with each group preceded by a poem and a brief editorial account of major events in the author’s life during that particular time. There is a preface by Meredith McKinney and, at the …

Photography, Cinema And Time In Jane Campion's The Piano And Gail Jones' Sixty Lights, Sukhmani Khorana

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

Using the logic of the absence-presence of light (through mimicking shadows and remnant ghosts) in the images/time-images of Gail Jones’ Sixty Lights and Jane Campion’s The Piano, this paper attempts to frame time such that the over-exposed past becomes the blank page of the future. I propose that history, when viewed in the light of the present, enables a truly open future for female and postcolonial subjects. It is important, therefore, to think of the blank page emerging from the over-exposed image not as symbolic of a psychoanalytic lack of the phallus, but as an open response in the wake …

Settler Colonialism And Decolonisation, Lorenzo Veracini

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

Appraising the evolution of settler colonial forms during the second half of the twentieth century can contribute to an appraisal of decolonisation processes. This is both because settler colonial forms have existed in a variety of sites of European colonial expansion (and have survived in a number of postcolonial polities), and because, contrary to other colonial forms, settler colonialism has been remarkably resistant to decolonisation. This article calls for integrating two non-communicating discursive fields: adding an appraisal of settler colonialism to discussions of decolonisation, and introducing decolonisation to analyses of settler colonial contexts. It briefly outlines a history of decolonizing …

'Kylie Tennant: A Life, By Jane Grant', Anne Collett

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

Book review of:

Jane Grant. Kylie Tennant: a Life. An Australian Life Series. Canberra: National Library of Australia, 2006, 156pp. ISBN: 064227617X (pb) AU $24.95

From Empire To Europe: Evolving British Policy In Respect Of Cross-Border Crime, Clive Harfield

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

The second half of the twentieth century witnessed the metamorphosis of Britain from a global, imperial power to a full (if sometimes ambivalent) member of the modern regional partnership that is the European Union (EU). During the same period, transnational criminal activity was transformed from an arena in which criminal fugitives sought merely to evade domestic justice through self-imposed exile to an environment in which improved travel and communication facilities enabled criminals to commute between national jurisdictions to commit crime or to participate in global criminal enterprises run along modern business lines. This development is so serious that it is …

Over My Dead Body: Multicultural Social Cohesion In Veronica Mars, Debra Dudek

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

This paper argues that Veronica Mars foregrounds the notion that multiculturalism is a "field of accumulating whiteness," to borrow Ghassan Hage's phrase, and that multicultural cohesion exists primarily when Brown and Black bodies gain cultural and symbolic capital by accumulating Whiteness.

Breaking The Iron Collars, Rowan Cahill

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

Review of Kevin Baker, "Mutiny, Terrorism, Riots and Murder: A History of Sedition in Australia and New Zealand", Rosenberg Publishing: Dural, 2006.

"Hating 'The Korean Wave'" Comic Books: A Sign Of New Nationalism In Japan?, Rumi Sakamoto, Matthew Allen

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

The internet has become an increasingly influential medium throughout East Asia. In this article we examine the case of Kenkanryu ('"Hating 'The Korean Wave'"), a manga published in 2005 in hard copy, but available online as a web comic for many months prior to print publication. We argue that the content, while nationalist, xenophobic, and 'toxic' is only one of a number of other, media-related reasons for the sales success of this comic in Japan. Other factors are the influence of online chat groups, the web as a means of communicating and selling ideas and products, and the internet-savvy way …

Law's Empiricism Of The Object: How Law Recreates Cultural Objects In Its Own Image, Marett Leiboff

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

Watch an antique or collectables show on television, and more often than not, one segment is devoted to testing the knowledge of an expert panel (and sometimes members of the public) with a problem or 'mystery' object. The object of the exercise (no other word will do so the pun must stay), is to find out what the object actually is, what it was used for, and when it was used. Sometimes the experts know what it is, but more often than not, the host has to tell them. The only way an object can provide some kind of objective …

El Fondo Monetario Internacional Y La Promocion Del Estado De Derecho En Los Noventa: Condicionalidad Y Estados De Excepcion En Latinoamerica, Gabriel Garcia

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

Durante los noventa, las instituciones financieras internacionales alegaron que la triada democracia, mercado y Estado de Derecho era el camino hacia donde debian apuntar los paises a fin de promover su desarrollo. El Fondo Monetario Internacional (FMI) suscribio esta posicion y en el caso particular del Estado de Derecho, participo activamente en el esfuerzo global para lograr su fortalecimiento a traves de la nocion de la buena gobernanza (good governance). Sin embargo, la idea de Estado de Derecho manejada por el FMI constituyo un modelo impuesto externamente, que carecio de conexion con el ideal de democracia y motivo a varios …

"Only Scratch The Surface": Reading Franklin's Cockatoos, Leigh Dale

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

Miles Franklin's novel My Brilliant Career has attracted a great deal of critical attention, perhaps prompted in part by fascination with the way Franklin thematises reading itself. Much less attention has been given to a set of books which can be understood as sequels and interlocutors to Franklin's first and most famous novel. Among these are My Career Goes Bung, written soon after My Brilliant Career but not published until 1946; Cockatoos, probably begun around the same time, but not published until the year of Franklin's death, 1954; her most "genuine"(?) autobiography, Childhood at Brindabella, likewise published …

Migration Workers As Political Subjects: Globalization-As-Practices, Everyday Spaces, And Global Labour Migrations, Hironori Onuki

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

Within the currently intensified labour flows from developing societies to highly industrialized areas, the Philippines has been the largest supplier of government-sponsored contract workers. Overseas contract employment was institutionalized by the Philippine government in 1972 to tackle the problems of unemployment and foreign debt. The remittances from migrant workers have become a major source of foreign currency for the national economy, which led the then president Aquino to call overseas workers "national heroes." In this light, building upon Louise Amoore's conceptualization of globalization as sets of globalizing social practices, my essay will investigate the concrete, contingen,t and situated practices of …

Enforcing Australian Law In Antarctica: The Hsi Litigation, Ruth A. Davis

Faculty of Law - Papers (Archive)

Law enforcement in Antarctica is complicated by uncertainties regarding sovereignty and jurisdiction. In line with the usual practice of the Antarctic Treaty parties, Australia has generally refrained from enforcing its legislation for the Australian Antarctic Territory against foreigners. Recent litigation that attempts to enforce Australian whale protection laws against Japanese whalers in Antarctica represents a challenge to this traditional approach. The HIS Litigation highlights the ongoing difficulties faced by Australia in trying to effectively manage the Australian Antarctic Territory within the constraints of the Antarctic Treaty System. Using fisheries regulation and continental shelf delimitation as comparative examples, this commentary highlights …

Assessing The Terrorist Threat To Singapore's Land Transportation Infrastructure, Adam Dolnik

Faculty of Law - Papers (Archive)

The highly lethal attacks against land transportation targets in Madrid and London have sparked considerable amount of debate in Singapore about the terrorist threat to the local land transportation infrastructure. How real is this threat and what can be done to counter it? This is the central question addressed in this paper. While transportation targets in general have always been a terrorist favorite, in recent years there has been an increased emphasis on attacking soft transportation targets such as mass transit. There are several distinct reasons for this development, including the increasing difficulty of successfully striking other targets, the ease …

Identity Crisis: Judgment And The Hollow Legal Subject, Richard Mohr

Faculty of Law - Papers (Archive)

modern legal subject. There is something missing, a gap in the middle of that subjectivity, which clouds our judgment. This split had its origin in the Enlightenment, its first effect being the separation of knowing from doing. Our experience of the world could only be mediated through self-conscious sense data and thought, without our being in direct contact with the satisfaction of our needs or the consequences of our actions. This new conception of subjectivity has become an impediment to judgment, since splitting the actor from the spectator, and the judge from the life of the community, results in a …

Judicial Evaluation In Context: Principles, Practices And Promise In Nine European Countries, Richard Mohr, F. Contini

Faculty of Law - Papers (Archive)

The evaluation of judges’ performance takes place in many ways. Traditionally, there are avenues of appeal and legal accountability mechanisms. More recently, ministries of justice and judicial councils across Europe have introduced a range of complaints mechanisms, quality assessment procedures and other managerial methods of judging judges and the courts within which they operate. This paper reports on a study of these mechanisms in nine member countries of the European Union. Our purpose is to survey the possible ways in which the judiciary can be evaluated, with a view to improving those practices and, ultimately, contributing to a better functioning …

Local Court Reforms And 'Global' Law, Richard Mohr

Faculty of Law - Papers (Archive)

Discussions of globailisation arose in the late twentieth century out of economic discourse about market liberalisation and the scale and global reach of transnational corporations. Legal discussions of the subject have tended to follow in the wake of these economic and geopolitical trends.

Litigation Privilege: Transient Or Timeless? Blank V Canada (Minister Of Justice), James Goudkamp

Faculty of Law - Papers (Archive)

Litigation privilege has become unfashionable. It is under attack on multiple fronts throughout the common law world! In the United Kingdom, perhaps the most notable inroad on the privilege is that made by the House of Lords in Re L (A Minor) (Police Investigation: Privilege).2 In that case it was held that the privilege is an incident of adversarial proceedings and that, consequently, it did not obtain in respect of material generated for the purposes of proceedings that were not predominantly adversarial in nature. There are signs that more radical restrictions are to come. In Three Rivers District Council v …