Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 4 of 4

Full-Text Articles in Law

Law, Cosmopolitan Law, And The Protection Of Human Rights, Sarah Sorial Jan 2008

Law, Cosmopolitan Law, And The Protection Of Human Rights, Sarah Sorial

Faculty of Law - Papers (Archive)

In Between Facts and Norms, Habermas articulates a system of rights, including human rights, within the democratic constitutional state. For Habermas, while human rights, like other subjective rights have moral content, they do not structurally belong to a moral system; nor should they be grounded in one. Instead, human rights belong to a positive and coercive legal order upon which individuals can make actionable legal claims. Habermas extends this argument to include international human rights, which are realised within the context of a cosmopolitan legal order. The aim of this paper is to assess the relevance of law as a …


Australian Approaches To International Environmental Law During The Howard Years, G. L. Rose Jan 2008

Australian Approaches To International Environmental Law During The Howard Years, G. L. Rose

Faculty of Law - Papers (Archive)

This paper provides an overview of major Australian developments in international environmental law during the term of the Howard government.


The Criminal Justice System And The Rule Of Law, Donna Spears Jan 2008

The Criminal Justice System And The Rule Of Law, Donna Spears

Faculty of Law - Papers (Archive)

In everyday use, the rule of law is often equated with law and order - the idea that people should obey the law. However, as Bottomley and Parker observe, while law and order might be an aspect of some conceptions of the rule of law, it is not really at the heart of it.' They suggest that the rule of law is valued because it is thought to curb the power of government, protect the rights and liberties of citizens and promote personal autonomy, in that individuals can predict the circumstances in which government will interfere with their lives.


Addressing Corruption In Pacific Islands Fisheries: A Report/Prepared For Iucn Profish Law Enforcement, Corruption And Fisheries Project, Ben M. Tsamenyi, Quentin A. Hanich Jan 2008

Addressing Corruption In Pacific Islands Fisheries: A Report/Prepared For Iucn Profish Law Enforcement, Corruption And Fisheries Project, Ben M. Tsamenyi, Quentin A. Hanich

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

No abstract provided.