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A History Of Aboriginal Illawarra, Volume 2 : Colonisation, Mike Donaldson, Les Bursill, Mary Jacobs Jan 2017

A History Of Aboriginal Illawarra, Volume 2 : Colonisation, Mike Donaldson, Les Bursill, Mary Jacobs

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

Near Broulee Point, south of Batemans Bay, once stood a wooden look-out platform used for generations by Leonard Nye’s family. The Dhurga were fisherfolk and through the ages they would gather to assess the seas and the weather before setting off. The job of the lookout who remained there was to signal those on the water and on the beach below about the location and direction of sea mammals and shoals of fish. Such lookout posts exist also at Hill 60 at Port Kembla and up and down the South Coast, and it is from them that people observed the …


The Deceptive Activist, Brian Martin Jan 2017

The Deceptive Activist, Brian Martin

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

In your action group, is it ever beneficial to lie to other members? When is it wise to lie to authorities? If a member of your group has done something wrong, is it better to be open about it now or keep it hidden in the hope that outsiders will never know? What are the pros and cons of infiltrating opposition groups to collect information about harmful activities? Should we wear masks at rallies? There's lots of research showing that lying is an everyday occurrence in most people's lives, and furthermore that lies can be beneficial in some circumstances. But …


Ruling Tactics: Methods Of Promoting Everyday Nationalism, How They Serve Rulers And How To Oppose Them, Brian Martin Jan 2017

Ruling Tactics: Methods Of Promoting Everyday Nationalism, How They Serve Rulers And How To Oppose Them, Brian Martin

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

Most people think of the world as divided into countries, and many people identify with their "own" country. Because there's nothing natural in this, governments and others need to continually encourage identification with the nation. This serves those with power and wealth. Ruling Tactics outlines the methods commonly used to foster everyday nationalism and how they can be countered. These methods are described in a range of areas, including crime, sport, language, economics, terrorism and war. This book can serve as a practical manual for recognising how thinking is oriented towards the state, and how this sort of thinking can …


Histories Of Internet Games And Play: Space, Technique, And Modality, Teodor E. Mitew, Christopher L. Moore Jan 2017

Histories Of Internet Games And Play: Space, Technique, And Modality, Teodor E. Mitew, Christopher L. Moore

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

No abstract provided.


Duterte And His Quixotic War On Drugs, Lowell B. Bautista Jan 2017

Duterte And His Quixotic War On Drugs, Lowell B. Bautista

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

Philippine President Rodrigo Duterte has remained an enduring fodder of international news since he was sworn in as the country's 16th president in June 2016. Despite massive criticisms from within the Philippines and overseas, he seems intent on taking his country down an untrodden, dangerous, lawless and bloody path. The president's relentless campaign to eliminate drugs in the country has resulted in a rapidly rising number of deaths occurring on a daily basis. A little more than six months into the presidency of Rodrigo Duterte, records show that his anti-drug war campaign has resulted in over 7,000 deaths, or an …


Contested Spaces: We Shall Fight On The Beaches..., Michelle A. Voyer, Natalie Gollan Jan 2017

Contested Spaces: We Shall Fight On The Beaches..., Michelle A. Voyer, Natalie Gollan

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

Picture this. It's a beautiful sunny day. You arrive on the beach, find yourself a nice quiet area away from the crowds and set yourself up for a day of relaxation and fun in the sun. But then a large group arrives and sets themselves up right next to you. They're drinking heavily, swearing loudly and leaving their rubbish in the sand. And things are about to get worse. In the distance you can hear the unmistakable buzz of a jet ski heading for your once-quiet part of the beach. The day is lost. You pack up and head home. …


'Unwanted Scraps' Or 'An Alert, Resolute, Resentful People'? Chinese Railroad Workers In French Congo, Julia T. Martinez Jan 2017

'Unwanted Scraps' Or 'An Alert, Resolute, Resentful People'? Chinese Railroad Workers In French Congo, Julia T. Martinez

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

In the late 1920s, the colonial government of French Equatorial Africa decided to employ Chinese workers to complete their railway line. The employment of Chinese indentured labor had already become the subject of considerable international criticism. The Chinese government was concerned that the French could not guarantee worker health and safety and denied their application. However, the recruitment went ahead with the help of the government of French Indochina. This article explores the nature of Chinese worker protest during their time in Africa and their struggle against French notions of what constituted appropriate treatment of so-called coolie labor.


Legal Personality Of Robots, Corporations, Idols And Chimpanzees: A Quest For Legitimacy, S M. Solaiman Jan 2017

Legal Personality Of Robots, Corporations, Idols And Chimpanzees: A Quest For Legitimacy, S M. Solaiman

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

Robots are now associated with various aspects of our lives. These sophisticated machines have been increasingly used in different manufacturing industries and services sectors for decades. During this time, they have been a factor in causing significant harm to humans, prompting questions of liability. Industrial robots are presently regarded as products for liability purposes. In contrast, some commentators have proposed that robots be granted legal personality, with an overarching aim of exonerating the respective creators and users of these artefacts from liability. This article is concerned mainly with industrial robots that exercise some degree of self-control as programmed, though the …


Cooperation, Competence And Coherence: The Role Of Regional Ocean Governance In The South West Pacific For The Conservation And Sustainable Use Of Biodiversity Beyond National Jurisdiction, Genevieve Quirk, Harriet Harden-Davies Jan 2017

Cooperation, Competence And Coherence: The Role Of Regional Ocean Governance In The South West Pacific For The Conservation And Sustainable Use Of Biodiversity Beyond National Jurisdiction, Genevieve Quirk, Harriet Harden-Davies

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

UNGA Resolution 69/292 requires that the development of an international legally binding instrument (ILBI) for the conservation and sustainable use of biodiversity in areas beyond national jurisdiction (ABNJ) under the United Nations Convention on the Law of the Sea should not undermine existing relevant legal instruments and frameworks and relevant global, regional and sectoral bodies. The South West Pacific regional oceans governance framework is reviewed, highlighting the importance of dedicated mechanisms for cooperation in the integration of regional institutions and in collective diplomacy for the development of an ILBI. It is argued a sufficiently inclusive description of existing arrangements under …


How To Write A Romp That Avoids A Bad Sex In Fiction Award, Catherine Cole Jan 2017

How To Write A Romp That Avoids A Bad Sex In Fiction Award, Catherine Cole

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

Catherine Cole Professor in Creative Writing, Liverpool John Moores University Academic rigour, journalistic flair The annual Bad Sex in Fiction award is enough to put any writer off writing a sex scene. This year’s examples are as cringeworthy as those of previous years. It’s not that the authors aren’t trying to get it right; a good sex scene is just very difficult to write. Writers often find themselves caught between the cloying pages of a Harlequin romance and the thrust and grind of porn.


Four Low Central Vowels In Eastern Andalusian Spanish: /A/ Before Underlying /-S/, /-R/, And /-Θ/ In El Ejido, Alfredo Herrero De Haro Jan 2017

Four Low Central Vowels In Eastern Andalusian Spanish: /A/ Before Underlying /-S/, /-R/, And /-Θ/ In El Ejido, Alfredo Herrero De Haro

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

Coda-final consonant deletion has been extensively documented in Eastern Andalusian Spanish; however, its effects on neighbouring segments is still unknown. Scholars working on consonant deletion in Eastern Andalusian Spanish have mainly focused on /s/, given the semantic importance of this consonant in Spanish. As a result, other consonants which are often deleted syllable-finally in this geolect have been studied to a much lesser degree. The present paper aims to expand the traditional view on vowel doubling by analysing /-s/, /-r/ and /-Ɵ/ deletion before /a/. Firstly, the speech of 24 speakers from El Ejido (Eastern Andalusia) is analysed to ascertain …


The Sociology Of Emotions: A Meta-Reflexive Review Of A Theoretical Tradition In Flux, Rebecca Olson, Jordan J. Mckenzie, Roger Patulny Jan 2017

The Sociology Of Emotions: A Meta-Reflexive Review Of A Theoretical Tradition In Flux, Rebecca Olson, Jordan J. Mckenzie, Roger Patulny

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

Based in a novel 'meta-reflexive' review of sociology of emotions (SoE) articles, we suggest that there are two primary SoE theoretical traditions that function within geographic silos: the USA is distinctly social psychological, while in the UK and Australia, SoE is more aligned with the humanities. In both traditions, parallel calls are emerging for interdisciplinarity and further engagement with physiological and pre-personal elements of emotion. Based in Archer's and Bourdieu's concepts of reflexivity, we assert the merits of reflexively examining SoE, and then identify key changes in SoE that have emerged across time and geography. Using Kuhn's work on paradigm …


The Relevance Of The Southern Ocean To The Development Of A Global Regime For Marine Areas Beyond National Jurisdiction-An Uncommon Commons, Constance Johnson Jan 2017

The Relevance Of The Southern Ocean To The Development Of A Global Regime For Marine Areas Beyond National Jurisdiction-An Uncommon Commons, Constance Johnson

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

The Southern Ocean's areas beyond national jurisdiction (ABNJ) are uncommon in a number of ways. This article first discusses features of the Southern Ocean's uncommonness that may be relevant to the relationship between the Antarctic Treaty System (ATS) and the development of the international legally binding instrument on the conservation and sustainable use of marine biological diversity of ABNJ under United Nations General Assembly Resolution 69/292 (ILBI). Second, the article considers the potential relationship between the ILBI and the ATS. Third, the article discusses the current approach of the ATS to governance of the Southern Ocean's ABNJ by focusing on …


Strengthening The Legal And Institutional Framework Of The Southeast Pacific: Focus On The Bbnj Package Elements, Carole C. Durussel, Eulogio Oyarzun, Osvaldo Urrutia Jan 2017

Strengthening The Legal And Institutional Framework Of The Southeast Pacific: Focus On The Bbnj Package Elements, Carole C. Durussel, Eulogio Oyarzun, Osvaldo Urrutia

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

The role of the regional level in addressing and strengthening the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (BBNJ) should not be undermined. As a complementary approach to the ongoing negotiations for an implementing agreement on the conservation and sustainable use of BBNJ under the United Nations Convention on the Law of the Sea, it can provide useful lessons learnt and best practices that can inform the global negotiation process. Focusing on the highly productive Southeast Pacific region, this article highlights the institutional and legal challenges faced by this region in the adoption and implementation …


Persistent Bias On Wikipedia: Methods And Responses, Brian Martin Jan 2017

Persistent Bias On Wikipedia: Methods And Responses, Brian Martin

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

Systematically biased editing, persistently maintained, can occur on Wikipedia while nominally following guidelines. Techniques for biasing an entry include deleting positive material, adding negative material, using a one-sided selection of sources, and exaggerating the significance of particular topics. To maintain bias in an entry in the face of resistance, key techniques are reverting edits, selectively invoking Wikipedia rules, and overruling resistant editors. Options for dealing with sustained biased editing include making complaints, mobilizing counterediting, and exposing the bias. To illustrate these techniques and responses, the rewriting of my own Wikipedia entry serves as a case study. It is worthwhile becoming …


The Normativity Of Recognition: Non-Binary Gender Markers In Australian Law And Policy, Dylan Stanford Jan 2017

The Normativity Of Recognition: Non-Binary Gender Markers In Australian Law And Policy, Dylan Stanford

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

Purpose: To consider the extent to which the legal recognition of non-binary gender has the potential to disrupt the gender binary. Methodology/Approach: This chapter will employ case study as method, focusing on recent changes to Australian law and policy, which introduce a third gender category. I rely on the work of queer theorists on normativity and recognition as a theoretical framework and on the work of social scientists on transgender people as evidence. Findings: This chapter finds that while there is much to be celebrated about increasing alternatives to the dominant categories of male and female, the legal recognition of …


Thinking In Terms Of Contract Defences, Andrew Dyson, James Goudkamp, Fred Wilmot-Smith Jan 2017

Thinking In Terms Of Contract Defences, Andrew Dyson, James Goudkamp, Fred Wilmot-Smith

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

While the terminology of defences is commonplace in other fields of private law, contract lawyers seem relatively unaccustomed to thinking in terms of defences. For example, although the leading texts in other areas of private law reserve a prominent place for defences, 1 the present edition of Chitty on Contracts does not. 2 Similarly, although Andrew Burrows dedicates Part 4 of his Restatement of the English Law of Unjust Enrichment to defences,3 he includes no equivalent section in his Restatement of the English Law of Contract. Indeed, references to 'defences' in that work are few and far between.


Impacts Of Marine Protected Areas On Livelihoods And Food Security Of The Bajau As An Indigenous Migratory People In Maritime Southeast Asia, Natasha Stacey, Greg Acciaioli, Julian Clifton, Dirk J. Steenbergen Jan 2017

Impacts Of Marine Protected Areas On Livelihoods And Food Security Of The Bajau As An Indigenous Migratory People In Maritime Southeast Asia, Natasha Stacey, Greg Acciaioli, Julian Clifton, Dirk J. Steenbergen

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

Over the last decade, the global conservation agenda has increasingly recognized mobility as an important livelihood and management strategy for indigenous people, acknowledging the need to secure their ongoing access to natural resources within territorial waters and transboundary regions. A growing policy framework exists to support equity, indigenous rights, access to natural resources, participation in management of conservation areas and compensation resulting from loss of access to resources. The rights of indigenous peoples, including sea nomadic or migratory peoples,1 were recognized in 1989 under Article 4 of the International Labour Organization Convention. Various resolutions, recommendations, declarations and principles, formulated at …


E G Whitlam: Reclaiming The Initiative In Australian History, Gregory C. Melleuish Jan 2017

E G Whitlam: Reclaiming The Initiative In Australian History, Gregory C. Melleuish

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

How are we to understand the place of the Whitlam government in Australian history? My starting point is an observation that history is not only contingent but our understanding of it is nominalist. That is to say that it does not have a necessary, or natural, structure. We make, and re-make, narratives according to the way in which we arrange and re-arrange what we know about what has happened in the past. Human beings crave a satisfactory narrative to explain the past as a means of understanding the present but, in so doing, they usually have to make use of …


One Thousand Wednesdays: Transnational Activism From Seoul To Glendale, Vera Mackie Jan 2017

One Thousand Wednesdays: Transnational Activism From Seoul To Glendale, Vera Mackie

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

Every Wednesday at lunchtime a group of demonstrators gathers in front of the Japanese Embassy in Seoul.' For over twenty years they have protested against the Japanese military's wartime enforced military prostitution/military sexual slavery system.2 To mark the l,OOOth demonstration in 2011, a statue was erected on this site. (See also Chapter 9 by Seung-kyung Kim and Na-Young Lee in this volume.) The statue depicts a young woman in Korean ethnic dress seated on a chair, facing the Embassy. Beside her is an empty chair, inviting demonstrators to sit beside her in solidarity. Duplicates of the statue have been installed …


Genders, Sexualities And Bodies In Modern Japanese History, Vera Mackie Jan 2017

Genders, Sexualities And Bodies In Modern Japanese History, Vera Mackie

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

The importance of gender to the writing of the history of modern Japan is now wellestablished. We can trace a shift from ‘women’s history’, which was largely focused on making women visible in the historical narrative, to ‘gender history’. The field of gender history deploys ‘gender’ as a major conceptual tool of analysis; considers both men’s and women’s experiences; and interrogates both masculinity and femininity (Scott 1988: 42; Molony and Uno 2005: 1–35). There is a long tradition of the writing of women’s history in the Japanese language and we now have a significant body of scholarship in the English …


Preparing For Advocacy, Resisting Attack, Brian Martin Jan 2017

Preparing For Advocacy, Resisting Attack, Brian Martin

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

When scientists engage in public advocacy, or indeed in any public comment on controversial issues, there is a risk they will come under attack. To reduce the possibility of reprisals, it is worthwhile preparing, in several ways, including learning from the experience of others and making mild comments to see the reaction. If there is a serious risk, reducing expenditures and transferring assets can provide extra financial security. Building networks for personal support is crucially important, including family and friends, work colleagues and various others. When coming under attack, it is important to document actions, seek advice and behave sensibly. …


Financial Regulatory Governance In South Africa: The Move Towards Twin Peaks, Andrew D. Schmulow Jan 2017

Financial Regulatory Governance In South Africa: The Move Towards Twin Peaks, Andrew D. Schmulow

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

The Twin Peaks model of financial system regulation calls for the establishment of two, independent, peak regulatory bodies, one charged with ensuring safety and soundness in the financial system, the other with preventing market misconduct and the abuse of consumers in the financial sector. For reasons discussed elsewhere,' of the four models of financial system regulation,2 Twin Peaks is regarded as best suited to this task. The Twin Peaks model in general-and elements of the Australian version of Twin Peaks in particular-is currently undergoing implementation in South Africa. This article explores issues related to that implementation from the perspective of …


Retail Market Conduct Reforms In South Africa Under Twin Peaks, Andrew D. Schmulow Jan 2017

Retail Market Conduct Reforms In South Africa Under Twin Peaks, Andrew D. Schmulow

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

This article examines retail market regulatory reforms currently underway, as part of the implementation of a Twin Peaks regulatory model in South Africa. A brief account is provided of the history of these reforms, followed by an analysis of the normative goals put in place for a new market conduct and consumer protection regime; and the developmental needs that inform those goals. Thereafter the article explores the inter-relationship between the existing credit regulator and the soon to be established Financial Sector Conduct Authority. An analysis is then provided of accountability mechanisms, as well as failures exhibited by those mechanisms in …


Mexico's Military Is A Lethal Killing Force - Should It Really Be Deployed As Police?, Luis Gomez Romero Jan 2017

Mexico's Military Is A Lethal Killing Force - Should It Really Be Deployed As Police?, Luis Gomez Romero

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

A controversial law to officially engage Mexico's armed forces in fighting crime has human rights groups dismayed.


France Shuns Mainstream Political Parties: World Experts React, Simon Watmough, Balveer Arora, Donatella Della Porta, Luis Gomez Romero Jan 2017

France Shuns Mainstream Political Parties: World Experts React, Simon Watmough, Balveer Arora, Donatella Della Porta, Luis Gomez Romero

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

France must now choose between two candidates with strongly opposing visions. The outcome of the May 7 run-off could radically alter France, as well as its position in Europe and in the world..


Emmanuel Macron Has A Difficult Task Ahead Say International Experts, Donatella Della Porta, Balveer Arora, Janjira Sombatpoonsiri, Luis Gomez Romero, Simon Watmough Jan 2017

Emmanuel Macron Has A Difficult Task Ahead Say International Experts, Donatella Della Porta, Balveer Arora, Janjira Sombatpoonsiri, Luis Gomez Romero, Simon Watmough

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

The Conversation Global asked scholars from around the world what they thought of Emmanuel Macron's victory, and what means for their country.


Could Trump Be Holding Dreamers Hostage To Make Mexico Pay For His Border Wall?, Luis Gomez Romero Jan 2017

Could Trump Be Holding Dreamers Hostage To Make Mexico Pay For His Border Wall?, Luis Gomez Romero

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

From south of the border, Trump seems to be using DACA as a diplomatic weapon in his ongoing power struggle with the Mexican government. That just hurts 800,000 people and helps President Peña Nieto.


Twin Earthquakes Expose Mexico's Deep Inequality, Luis Gomez Romero Jan 2017

Twin Earthquakes Expose Mexico's Deep Inequality, Luis Gomez Romero

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

Shattered by powerful back-to-back earthquakes, Mexico is facing daunting damages across six states. Now Chiapas and Oaxaca, the country's two poorest states, which were hit first, fear neglect.


In Mexico, Undocumented Migrants Risk Deportation To Aid Earthquake Victims, Luis Gomez Romero Jan 2017

In Mexico, Undocumented Migrants Risk Deportation To Aid Earthquake Victims, Luis Gomez Romero

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

A brigade of migrants from Honduras, El Salvador, Nicaragua and Guatemala have interrupted their trek north to stay in Mexico and support earthquake recovery efforts.