Law Commons^™

Australian Maritime Defence Council, Andrew Forbes

Faculty of Law - Papers (Archive)

Navies have had a long relationship with their respective maritime industries and the Royal Australian Navy (RAN) is no exception. Naval capability cannot be built, maintained and supported without a strong industrial sector. This is well known, but there are other aspects to the RAN relationship with the maritime industry that are less well known, and this Semaphore examines the relationship with the shipping and port associations through what is now called the Australian Maritime Defence Council (AMDC). While its discussions are not classified, they are occasionally sensitive, so what follows focuses on administrative issues before providing a general outline …

Imf Standby Arrangement: Its Role In The Resolution Of Crises In The 1990s., Gabriel Garcia

Faculty of Law - Papers (Archive)

This paper explores the role played by Stand-By Arrangements (SBAs) in the resolution of financial crises in the 1990s. It does so by examining these arrangements through a ceremony and ritual approach.

This presentation is divided in three parts. The first one reviews the legal nature of SBA as a form of international law. The second analyses SBAs using a ceremony and ritual approach; and the last part review the case of Venezuela.

Zoning, A Fundamental Cornerstone Of Effective Marine Spatial Planning: Lessons Learnt From The Great Barrier Reef, Australia, Richard Kenchington, Jonathan Day

Faculty of Law - Papers (Archive)

The Great Barrier Reef Marine Park was established to provide for conservation and ecologically sustainable multiple use of 344,400 km2 of a large marine ecosystem. Management is based on multiple use, with zoning as a fundamental component of marine spatial planning. The legislative framework, including a specific Act and Regulations, address the objectives of ecosystembased, integrated management of human uses and impacts consistent with best contemporary understanding of biological diversity. Zoning is one of a suite of management tools that include other spatial and temporal management tools and non-spatial measures including public education, community engagement, codes of environmental best practice, …

Paul Sharrad Reviews Vishvarupa By Michelle Cahill, Paul Sharrad

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

The Indian interest of this collection of poems is clearly announced in its title: a Sanskrit word meaning the full manifestation of the divine countenance (such as Arjuna experienced in relation to his teacher Krishna in the Bhagavad Gita). It also carries the idea of a manifold of multiple aspects: appropriate for this varied selection of topics. The poems are carefully arranged so that the three main focuses — meditations while bushwalking, a mother reflecting on her life and that of her daughter in suburban Australia, and travels in India — become a varied selection. It’s possible that something gets …

Understanding Fictional Minds Without Theory Of Mind!, Daniel Hutto

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

This paper explores the idea that when dealing with certain kinds of narratives, ‘like it or not’, consumers of fiction will bring the same sorts of skills (or at least a subset of them) to bear that they use when dealing with actual minds. Let us call this the ‘Same Resources Thesis’. I believe the ‘Same Resources Thesis’ is true. But this is because I defend the view that engaging in narrative practices is the normal developmental route through which children acquire the capacity to make sense of what it is to act for a reason. If so, narratives are …

Consciousness, Daniel D. Hutto

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

Anyone who is looking for a clear, concise and accurate lay of the land with respect to contemporary, analytic, theories of consciousness would do well to get hold of this book. Its first half contains a handy survey and critical assessment of current theories of (1) qualia, and (2) what awareness of qualia involves. Yet it is not a textbook. For its second half, beginning at Chapter five, develops a new, representationalist theory of consciousness. Building on the insightful, but underdeveloped, ideas of Gilbert Harman, Hill’s main ambition is to defend a thorough-going representationalism about consciousness, while, along the way, …

Philippine Territorial Boundaries: Internal Tensions, Colonial Baggage, Ambivalent Conformity, Lowell Bautista

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

The territorial boundaries of the Philippines, inherited from Spain and the United States in 1898, are disputed in international law. The boundaries of the Philippines are not recognised by the international community for two principal reasons: first, because of the fundamental position of the Philippines that the limits of its national territory are the boundaries laid down in the 1898 Treaty of Paris which ceded the Philippines from Spain to the United States; and second, is its claim that all the waters embraced within these imaginary lines are its territorial waters. The Philippine Government is not unaware of these issues …

Binary Love - Artwork Exhibited In The Exhibition New Psychedelia, Madeleine T. Kelly

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

In recent years psychedelic ideas and aesthetics have made a notable return to contemporary art. The current influence of psychedelia has developed in response to the growing impact of global capital and technology on daily life. New Psychedelia presents a range of contemporary Australian artworks that display psychedelic influences and strategies for addressing the themes of consciousness, capitalism and technology. The exhibition will feature existing artworks alongside new site-specific works commissioned for the exhibition.

Obituary: Kondelea (Della) Elliott (1917-2011), Rowan Cahill

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

In 1902 Lenin published the political tract which became a basic text for left-wing activists titled 'What is to be Done?'. Della Elliott tended not to ask that question; rather she saw what had to be done, and got in and did it. In the process, her doing was careful, meticulous, and professional; all the metaphorical'i's were dotted, and the 't's crossed. Moving away from metaphors to actualities, spelling had to be correct, and meanings clear.

Choreography Of War Reportage; Pathfinder Closing; Dream Weapon; Protean World - Works Of Art Exhibited In The Exhibition Ten Years Of Contemporary Art: The James C Sourris Collection, Madeleine T. Kelly

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

Madeleine Kelly’s paintings present an inscrutable iconography, drawing on complex associations — from contemporary politics to classical mythology and the artist’s own concern with environmental degradation. While Kelly often engages topical issues, her work is never didactic.

These two paintings were created out of the artist’s concern with humanity’s dependence on fossil fuels and the devastating consequences this will have. Kelly says she ‘investigated the archaeological metaphor and its potential to create new meaning . . . to represent our relationship with the environment, both natural and artificial’. The end result is a persistent sense of foreboding.

Hollow Mark, Madeleine T. Kelly

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

At three metres in height, the figure of a man looms over the viewer. Painted on two fibreglass resin panels with a thin wash of paint in muted, sombre colours, the man is stretched and anamorphically distorted. His elongated legs seem to enable him to reach towards the sky, so it takes a moment to realize that this is a figure with no head or face, an anonymous figure burdened by two heavy bags of books that bend his back and drag his arms groundward.

Split Unity; Finders Keepers; Disguise The Limit - Works Of Art Exhibited In The Exhibition Australia Felix, Madeleine T. Kelly

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

Madeleine Kellly investigates the archaeological metaphor and its potential to create new meaning. In particular, she focuses on its capacity to represent human relations with the environment, both natural and artifical. In her paintings, mythically charged signs are replicated, recontextualized, and re-scaled. By altering scale and proportions, she skews and shifts reality. Through anamorphic distortion, emphasis on internal articulation, cultural mapping, and biomorphic forms, the works are composed as 'archaeological constellations'. While her projects are not prointedly on ecological sustainability, they allude to the complexity of often politically sensitive informaiton and its impact on humanity.

Behind The Scenes Of Hallyu Down Under, Brian Yecies

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

Like fusion cuisine, international film co-productions have become commonplace in the 21st century, but getting the balance of flavours right is still a challenge in the case of a couple of recent collaborations - especially where the creation of original and dynamic soundscapes has been a critical factor - a pinch of aussie technical skill and ingenuity has proven to be a key ingredient.

Scanning The Lifeworld: Toward A Critical Neuroscience Of Action And Interaction, Shaun Gallagher

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

A recent report published in Neuron, a leading journal of neuroscience, by researchers at Japan's ATR Computational Neuroscience Laboratories (Miyawaki et al., 2008) has been the basis for a claim that new technology able to analyze signals in the brain "can reconstruct the images inside a person's mind and display them on a computer monitor." Although claims made in the actual research paper were much more modest, in the media the standard, optimistic predictions were quick to come. "These results are a breakthrough in terms of understanding brain activity. In as little as 10 years, advances in this field of …

Towards Triadic Interactions In Autism And Beyond: Transitional Objects, Joint Attention, And Social Robotics, John Z. Elias, Patricia Bockelman Morrow, Jonathan Streater, Shaun Gallagher, Stephen M. Fiore

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

The concept of transitional objects from the British Object Relations school of psychoanalysis may offer insight into the affective aspects of the development of dyadic and triadic interactions. Furthermore the concept may be applied to the use of social robotics in autism research and therapy, with social robots in these settings perhaps functioning as transitional objects for autistic children. Possible applications in organizational contexts are suggested as well, along with considerations of future research relating transitional objects to the notions of primary and secondary intersubjectivity.

Biopolitical Correspondences: Settler Nationalism, Thanatopolitics, And The Perils Of Hybridity, Michael R. Griffiths

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

'How does (post)colonial literary culture, so often annexed to nationalist concerns, interface with what Michel Foucalt called biopolitics? Biopolitics can be defined as the regularisation of a population according to the perceived insistence on norms. Indeed, biopolitics is crucially concerned with what is perceptible at the macroscopic level of an entire population - often rendering its operations blind to more singular, small, identitarian, or even communitarian representations and imaginaries. Unlike the diffuse, microscopic, governmental mechanisms of surveillance that identify the need for disciplinary interventions, biopolitics concerns itself with the regularisation of societies on a large scale, notably through demography. As …

Urbanizing Frontiers: Indigenous Peoples And Settlers In 19th-Century Pacific Rim Cities [Book Review], Frances Steel

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

In Australia, classical notions of the frontier and its associated histories of invasion, displacement and violence would tend to point us towards the outback or the bush rather than the urban centres where most of us live today. Penelope Edmonds thoroughly unsettles this notion of a distant frontier by moving it back to the edges of the continent, to the port towns where Europeans first landed and where most of them remained. The frontier was not simply 'out there', synonymous with the unruly boundaries of an expanding pastoral economy, but very close to home. This reorientation recognises that our cities …

We Are Relocating, Alison Broinowski

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

Editorial: For many years, the politics and promises of "globalization," and its threats, have been bandied about. For so long, indeed, that forests must have fallen to create all the books devoted to nuanced discussions of what "globalization" is. A decade and more ago, when American commentators wrote of globalization, they mainly meant transnational competition, dominated by the United States. "Globalization," Thomas Friedman asserted, "is us" (Friedman 1997). But a lot can change in ten years, including who dominates, who can read what about "us," and the means by which "they" read it.

The Professor, The Publisher, The Writer: Three Interviews, Yu Ouyang

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

Yu interviews Professor Huang Yuanshen about how and when did he start getting interested in Australian literature and was there any Australian literature accessible in China at the time when he studies English language and literature. Among others, Yuanshen tells who else interested him among other Australian writers apart from Henry Lawson.

Report On Remembering Forward Forum, Cologne, Ian Mclean

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

Exhibiting Aboriginal art was a symposium organised by the Museum Ludwig, Cologne on 17-18 February 2011, in cooperation with the Institute of Art History of the University of Basel, as part of the exhibition Remembering Forward. Kasper König, Claus Volkenandt, Emily Evans and Frank Wolf organized the symposium. This article is based on closing remarks I gave at the seminar.

La Enseñanza De La Fonética Española A Hablantes De Escocia E Irlanda Del Norte [Teaching Spanish Phonetics To Speakers Of Scotland And Northern Ireland], Alfredo Herrero De Haro, M Antonieta Andion Herrero

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

Teaching Spanish phonetics to Scottish and Northern Irish speakers. This paper deals with one of the most frequently forgotten areas in the teaching of Spanish as a foreign language: pronunciation. The phonetic/phonological distance between the L1 and the L2 of the learners is of paramount importance to master the sounds of the L2; however, it is the phonetic/phonological distance between the dialectal region of the speaker's L1 (DR1) and the L2 of the speaker that will have the biggest influence in this learning process. After comparing linguistic peculiarities of the English language in general, and of the Scottish and Northern …

Interpretations Of Embodied Cognition, Shaun Gallagher

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

The concept of embodied cognition (EC) is not a settled one. A variety of theorists have attempted to outline different approaches and meanings related to this concept. They range from radical embodiment to minimal embodiment, and a number of positions in between. In addition, a variety of approaches to the study of cognition have been closely associated with the notion of embodiment – including enactive, embedded, and extended or distributed cognition approaches. Within these different perspectives there is no strong consensus on what weight to give to the concept of embodiment. Moreover, contrary to what some may think, not all …

Undead Ghosts: Spectrality And The Transgression Of Cultural Norms, Frances Devlin-Glass, Antonio Simoes Da Silva

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

When on 30 December 2010, JASAL received a 'last will and testament' from Mudrooroo from Nepal-'Portrait of the Artist as a Sick Old Villain 'Me Yes I Am He the Villain': Reflections of a Bloke From Outside'-we were both energized and relieved. Coming as it did after a long self- and other-imposed silence, it was exciting to have one of the foremost theorists of Indigenous Australian writing enter the national conversation again.

The Transcolonial Politics Of Chinese Domestic Mastery In Singapore And Darwin 1910s-1930s, Claire K. Lowrie

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

Feminist and postcolonial scholars have long argued that the home was a microcosm and a symbol of the colony. To exercise power in the home, to practice domestic mastery over colonised servants, was an expression of colonial power. At the same time, intimate contact and domestic conflicts between non-white servants and their employers had the potential to destabilise hierarchical distinctions, thereby threatening the stability of colonial rule. As Ann Laura Stoler puts it, the home was a site where "racial classifications were defined and defied" and where relations between coloniser and colonised could sustain or challenge colonial rule. The vast …

Euis Nurlaelawati, Modernization, Tradition And Identity: The Kompilasi Hukum Islam And Legal Practice In The Indonesian Religious Courts, Nadirsyah Hosen

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

Book review:

Euis Nurlaelawati, Modernization, Tradition and Identity:·the Kompilasi Hukum Islam and Legal Practice in the Indonesian Religious Courts, Amsterdam University Press, Amsterd,am, 2010, 304 pp.

The Program Era: Review By Catherine Cole, Catherine Cole

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

Book review of:

Mark McGurl The Program Era: Postwar Fiction and the Rise of Creative Writing Harvard University Press, Cambridge, MA 2009 ISBN 9780674062092 Pb 466pp AUD24.95 ISBN 9780674033191 Hb 466pp AUD64.99

The Practice And Politics Of Leaking, Kathryn Flynn

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

Civic-minded people who encounter what they believe to be corrupt and illegal conduct in the workplace may take it upon themselves to release relevant confidential information. This is done either through an open disclosure, where the identity of the whistleblower is publicly known, or an unauthorised disclosure where the identity of the leaker is not revealed. This information is typically leaked to journalists or activists who may be able to seek redress. Leaking is an alternative to whistleblowing and carries fewer risks of reprisals but leakers need to be alert to pitfalls with this practice.

Monckton And Notre Dame: A Case For Free Speech?, Brian Martin

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

Is it wise to try to block a speech by Christopher Monckton? Are there other options? Monckton, a well known climate change sceptic, was invited to speak at Notre Dame University in Fremantle on 30 June. Some supporters of mainstream climate science opposed allowing him this speaking opportunity. Monckton's critics claim he is unqualified and has no credibility on climate change, making his speaking engagement an embarrassment to the university. The trouble is, this seems like censorship. This is a recurring dilemma. Should those with outrageous or even dangerous views be offered platforms to speak? Or should Holocaust deniers, supporters …

A Lost Opportunity For Imf Reform?, Georgia Lysaght

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

The International Monetary Fund executive board will complete interviews of the two leading candidates to replace Dominique Strauss-Kahn this week, with the aim of picking a new managing director by June 30.

Mexican central bank chief Agustin Carstens fronted the board overnight, promising a consensus-building approach to running the institution.

But given the long-standing tradition of only Europeans being selected to head the IMF, it should come as little surprise that Carstens is likely to lose out French Foreign Minister Christine Lagarde.

Nonetheless, this changing of the guard has afforded the IMF the perfect opportunity to showcase its promised structural …

The Slap: Whose Side Are You On?, Leigh Dale

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

Talking to people about The Slap reveals a range of responses, but one opinion is shared: author Christos Tsiolkas has “nailed it” in terms of family tensions. If people have struggled to keep watching until the final episode tonight, it’s because the arguing and the dishonesty are too close to home, rather than being implausible.