Law Commons^™

Introduction, Christine M. De Matos

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

It was during the seasonal change from summer to autumn that I first landed in Tokyo as a naïve 21 year old, ready to embark on a working holiday adventure. I had no Japanese language skills, no knowledge of Japanese history or culture beyond western clichés and stereotypes, and 1000 yen in my pocket. When I think back to this time I am amazed at the courage (or was it denial and ignorance?) I must have had; I am even more surprised to remember the emotion I experienced, for as soon as I set foot in that great cosmopolitan city, …

Counter Terrorism And Access To Justice: Public Policy Divided?, Mark Rix

Sydney Business School - Papers

This paper will consider the manner in which Australia’s counter-terrorism strategy has been operationalised, highlighting the implications of its strategy for access to justice. Access to justice, encompassing the ability of individuals, including persons suspected of terrorism offences and non-suspects, effectively to exercise their human and legal rights, can be an important curb on state power. But, in another equally important sense, providing individuals with access to justice also protects national security by helping to ensure that the law enforcement and security agencies focus their efforts on genuine terror suspects rather than wasting their resources on investigating and prosecuting genuine …

Power To The People: Building Sustainable Jobs In The Illawarra: A Report For The South Coast Labour Council, Mike Donaldson, Scott Burrows, Ann Hodgkinson, Frank V. Neri, Peter Kell, Chris Gibson, Gordon R. Waitt, Frank Stillwell

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

13 Februrary, 2009

Green Jobs Illawarra – Outline Brief

South Coast Labour Council – Regional Employment Strategy This is a brief of the regional green jobs strategy for consideration at the meeting of the multi-disciplinary group at the University of Wollongong. Naturally the Labour Council welcomes suggestions about the strategy and its implementation.

Objective

To develop, promote and implement a regional strategy to create jobs in the green and other emerging industries which will form one (important) part of the region’s response to the expected job losses caused by the global economic crisis.

Industrial Relations And The Sociological Study Of Labour Law, Andrew D. Frazer

Faculty of Law - Papers (Archive)

This article examines the prospect for more fruitful collaborative research between labour law and industrial relations, using recent studies in labour law as a starting point. An increased and more sophisticated interest in labour law as regulation, particularly in Australia, has moved the discipline towards some of the traditional interest areas of industrial relations. However there remains a need for more empirically-based research, with the social reality of law as its primary focus. The legal studies paradigm is not well geared to social science research and an interdisciplinary approach is required. Industrial relations is the obvious candidate for such a …

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.

What The Boomerang Misses: Pursuing International Film Co-Production Treaties And Strategies, Brian Yecies

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

This paper illustrates some of the dynamic ways that members of the Korean, Australian, New Zealand and Chinese creative and cultural industries have engaged with international instruments such as co-production treaties. Strategies, benefits returned and lost costs, that is, sacrifices that are made in the process of producing a film or digital media program in more than one country, and/or with an international team are investigated to reveal how creators are engaging with the demands of different governments' policies. It is hoped that this paper and the larger research project to which it is attached will assist scholars, creative and …

Implementing Oceans Governance In The Pacific Islands Region - Regional Solutions To National Challenges, Quentin Hanich

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

The Pacific islands region encompasses a unique grouping of some of the world's smallest countries surrounded by a vast maritime estate. The combined exclusive economic zones (EEZs) of the Pacific island States are home to the world's richest and largest tuna fisheries. The significance of these EEZs, and the rights and responsibilities attributed to coastal States by the Law of the Sea, assign a critical role to Pacific island States in the development and implementation of oceans governance throughout this region.

The Pacific island States have established a number of cooperative agreements and institutions to support the management and conservation …

Maintaining Coastal And Lagoonal Ecosystems And Productivity, Richard Kenchington

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

The shallow ecosystems and productivity of mangroves, seagrass beds, coral reefs and inter-reef seabed are critical natural assets for food production, food security, cultural and recreational activities and livelihoods for many people in Pacific Island States. They also provide important ecosystem services in protection of coasts against storm surges and in production of carbonate sands and debris to nourish beaches and maintain islands. These ecosystems are easily damaged through reclamation, drainage, pollution and destruction of critical habitats for fish and other food species. Once destroyed, these ecosystems are not readily or cheaply restored or replaced.

The paper discusses issues that …

Applying Australian Laws To Seize Illegally Harvested Logs From Indonesia (Wuhan Colloquium 2009), Gregory L. Rose

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

Outline:

Transnational organised crime

Environmental crime linkages

Logging case study

Transnational enforcement

Linking Internationalisation To The New Graduate Qualities, Ruth Walker, Brian Yecies, Katharina Freund

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

Internationalism: * very high % of international students * increasing no. of transnational and study abroad * UOW vision statements, strategic ploans, and framework focus on strengths as an 'international university'

Diasporic Art: Writing/Visualising Back And Writing/Visualising Into Being, Sukhmani Khorana

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

The recent critical and popular acclaim won by films like Danny Boyle's Slumdog Millionaire and Deepa Mehta's Water is putting the creative works of diasporic artists in general, and South Asian diasporic artists in particular on the world map. This interest in creativity that is inspired by the homeland, but not necessarily produced in the culture of origin is of pressing significance in an era torn between globalisation and regionalism. Does the diasporic hyphen, through its cultural processes and products, bridge the gap between cosmopolitan and vernacular identities? This paper, which is an introduction to a larger project on diasporic …

"Mum’S A Silly Fusspot”: The Queering Of Family In Diana Wynne, Ika Willis

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

In Four British Fantasists, Butler cites Diana Wynne Jones saying that her novels ‘provide a space where children can... walk round their problems and think “Mum’s a silly fusspot and I don’t need to be quite so enslaved by her notions”‘ (267). That is, as I will argue in this paper, Jones’ work aims to provide readers with the emotional, narrative and intellectual resources to achieve a critical distance from their families of origin. I will provide a brief survey of the treatment of family in Jones’ children’s books, with particular reference to Charmed Life, The Lives of Christopher Chant, …

Concepts Of Maritime Security: A Strategic Perspective On Alternative Visions For Good Order And Security At Sea, With Policy Implications For New Zealand, Christopher Rahman

Faculty of Law - Papers (Archive)

This project originated as a research report conducted for the Royal Australian Navy’s Sea Power Centre – Australia. Its intent is not to reprise well‐worn ideas of sea power or maritime strategy, but to address conceptually what is meant by the term “maritime security” in the context of contemporary ideas of the meaning of “security” itself. In doing so, I have purposefully delved into some of the often quite dense and sometimes arcane literature and ideas regarding conceptual treatments of security. This is important, because the ideas inherent in different perspectives on maritime security often have an intellectual or political …

Transforming Journalism.... 140 Characters At A Time, Julie Posetti

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

Twitter is beconing such an important reporting tool and audience interaction zone for media outlets. But the microblogging platform brings with it professional pitfalls and highlights ethcial dilemmas central to 21st century journalism, argues Julie Posetti

The Offshore Jurisdiction Of The Australian States, Stuart B. Kaye

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

Australian offshore jurisdiction is among the most complex in the world, not least in part because of the division in jurisdiction between the Commonwealth Government in Canberra, and the Australian state governments. State jurisdiction is increasingly important in Australia, with increases in maritime capabilities for state police forces, the proliferation of state marine parks as part of the suite of national parks and the relevance of state jurisdiction to native title. This article provides an introduction to the determination of maritime jurisdiction vested in the Australian states, an area of law generally poorly understood and seldom considered by publicists.

Against A Rising Tide: Ambulatory Baselines And Shifting Maritime Limits In The Face Of Sea Level Rise, Clive H. Schofield

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

This paper addresses a critical issue for many coastal States: rising global sea levels. While the causes of climate change still excite controversy and debate, it is now widely accepted that significant sea level rise is taking place and that this trend appears likely to accelerate in the future. This phenomenon raises a number of important challenges for coastal and island States. Among these threats is the likely impact of rising sea levels on national claims to maritime jurisdiction. Significant changes to coastlines and therefore baselines and the potential submergence of key basepoints may potentially lead to the loss of …

How Labour Governs: Lessons For Today, Terence H. Irving

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

The 2007 conflict between the NSW Labor Ministry and the party’s extra-parliamentary organisation is not new. Vere Gordon Childe described the first such clashes, and the reasons they are endemic, in How Labour Governs, his 1923 book about workers’ representation.

According to Childe, there is something at the core of being ‘labour’, something in the fundamental process of organising to represent a wage-earners’ interest, that produces a fatal flaw in the labour movement, so that it ends up not knowing how to use its power in government, and failing as an organ of workers’ representation.

Diasporic Dispersals And Convergences The Creative Trajectories Of A Phd Project, Sukhmani Khorana

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

My critical-creative PhD project is entitled Mehta's Film Trilogy: Theorising Transnational Production and Reception; Practising Diasporic Creativity. It began as a textual analysis dissertation with a video-recorded reception studies component in the University of Adelaide's Discipline of Media in February 2007. Now nearing completion, it has become more than a hybrid research project. Its creative and fluid trajectories are not unlike the dispersals and convergences of diasporic identity and cultural production itself. It has acquired the form of its content; it has come to manifest what it articulates. This reflective compilation aims to map the creative trajectory, while acknowledging the …

Rainforest Narratives: The Work Of Janette Turner Hospital By David Callahan, Maureen Clark

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

Book review of:

David Callahan. Rainforest Narratives: The Work of Janette Turner Hospital. St. Lucia: U of Queensland P, 2009, 384pp. ISBN 978-0-7022-3727-0 (pbk) AU$39.95

Written In The City, A Fragment, Yu Ouyang

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

A poem is presented.

The Importance Of Being Incorrect: Burma Road Pieces, From End To Beginning, Yu Ouyang

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

Yu relates his travel to Kunming, China. After being in Kunming and back in Australia, he suddenly felt a kind of illness that defied description. Everything was normal for him, and too correct. He realized that his Kunming travel showed the importance of being incorrect.

Directions, Yu Ouyang

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

One language's logic is often another one's illogicality...

Care, Social (Re)Production And Global Labour Migration: Japan’S ‘Special Gift’ Toward ‘Innately Gifted’ Filipino Workers, Hironori Onuki

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

The Economic Partnership Agreement (EPA)1 concluded by the Japanese and the Philippine governments on 9 September 2006, was described in the Japanese media as a ‘new step toward opening Japan’s labour market’ (Asahi Shimbun 2006b). Similar to Japan’s previous free trade treaties with Singapore, Mexico and Malaysia, the Japan-Philippines Economic Partnership Agreement (JPEPA) mainly concerns tariff reduction to facilitate bilateral exchanges of goods and services (Ministry of Foreign Affairs (MOFA) 2006).2 Yet, its distinctive feature is its facilitation of the movement of ‘natural persons’ – more specifically, the JPEPA allows for the Philippines to send up to 400 nurses and …

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 …

Project Pandora: Student Teaching And Learning (Resources) Tool Box, Mark F. Loves

Faculty of Law - Papers (Archive)

Feedback from post graduate domestic and international students has highlighted the difficulties many have in coping with academic expectations of critical analytical thinking, reading and writing skills, academic language, referencing and expectations surrounding plagiarism and assessment. Many international students indicate that these concepts are unique to Australian tertiary institutions and that they struggle with their application. For these reasons, in late 2007 under the auspices of a Law Faculty Scholarship, the Centre for Transnational Crime Prevention (CTCP) commenced collaborative work with the University of Wollongong Centre for Educational Development and Interactive Resources (CEDIR), the Learning Development Support Centre, the University …

Boundaries, Biodiversity, Resources, And Increasing Maritime Activities: Emerging Oceans Governance Challenges For Canada In The Arctic Ocean, Clive H. Schofield, Ian Townsend-Gault, Tavis Potts

Faculty of Law - Papers (Archive)

The Arctic region is undergoing rapid environmental and socioeconomic change. As one of the most rapidly warming places on the planet, the Arctic is experiencing dramatic climate change-related impacts, such as a severe downward trend in sea ice cover. The scientific community projects that this trend could result in a sea ice-free summer by as early as 2020. As conditions warm, the retreat of sea ice is driving an expansion of political and economic activity. Recent world media attention has been focused on the Arctic to an unprecedented extent. Much of the discourse has been devoted to a perceived Arctic …

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 …

International Police Missions As Reverse Capacity Building: Experiences Of Australian Police Personnel, Vandra Harris, Andrew Goldsmith

Faculty of Law - Papers (Archive)

Since 2003 many hundreds of Australian police officers have served in police peace-keeping and capacitybuilding missions in Solomon Islands, Timor-Leste and Papua New Guinea. Working within bilateral or multilateral engagements, these police have encountered significant differences in legal and policing cultures as well as political and community environments. This paper considers how these experiences influence Australian police officers' thinking about policing in general, and how they view the legacy of their service. It explores the extent to which Australian police think they have had their own capabilities altered by the very processes through which they attempt to build the capacity …

Enforcing Animal Welfare Law: The Nsw Experience, Keely Boom, Elizabeth Ellis

Faculty of Law - Papers (Archive)

As animal law in Australia is a relatively new field, there has been little research into the operation of State and Territory animal welfare legislation. Yet to understand any area of law requires not only knowledge of the relevant legislation and cases but also an appreciation of how the law 'in the books' is interpreted and applied. This is particularly important in a field where the regulatory subjects lack any direct legal claim and are unable to articulate their own experience. The abdication by governments of responsibility for much of the law enforcement in this field makes it even more …

Combating Iuu Fishing: International Legal Developments, Mary Ann Palma

Faculty of Law - Papers (Archive)

When the international Plan of Action to Prevent, Deter, and Eliminate Illegal, Unreported and Unregulated Fishing (IPOA-IUU) was adopted in 2001, the term illegal, unreported and unregulated fishing or "IUU fishing" instantly gained the attention of States, regional organisations, non-government organisations, and academic institutions.