Law Commons^™

Combatting Counterfeit Drugs: Case Studies Of Cambodia, Vietnam And Thailand, Jakkrit Kuanpoth

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

Medicines can save lives only if they are safe, efficacious, of good quality and affordable. The use of unsafe, substandard, ineffective and counterfeit drugs can be harmful to the health of the users and the public. Governments have an obligation to ensure the safety, efficacy and quality of the drugs available to the public by regulating the manufacturing and distribution of drugs and by exercising legal power to control the proliferation of unsafe counterfeit medicines. This article surveys the factual and legal issues surrounding counterfeit drugs in three countries, namely Cambodia, Vietnam and Thailand, in order to determine the magnitude …

Populism And Criminal Justice Policy: An Australian Case Study Of Non-Punitive Responses To Alcohol-Related Violence, Julia Quilter

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

Populism is widely regarded in the literature as a negative and inherently punitive influence on criminal justice policy. This article challenges this view and highlights the ways in which populism can produce forms of citizen engagement in the criminal justice context that are new and progressive. These possibilities are illustrated through a close analysis of the responses to a single instance of ‘random’ fatal violence: the killing of Thomas Kelly in King’s Cross, Sydney, in 2012. This case study shows how a populist campaign powerfully realigned political allegiances to call for, and achieve, real and enduring action from the New …

Anzac And Protestant Sectarianism: The Case Of The Rev C T Forscutt, Gregory C. Melleuish

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

Why has Anzac captured the Australian national imagination? Is it a substitute for Christianity, a form of civil religion that binds the populace together in a common faith? Is it an expression of Australian nationalism in opposition to the attempts of the British to 'impose' an imperial ideal on Australia?

Case Study: 27.4 Legal Instruments: Great Eastern Ranges Initiative, Malcolm D. Farrier

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

The Great Eastern Ranges (GER) Initiative aims to establish a conservation corridor inland of the east coast of Australia, stretching 3600 kilometres from north to south. The corridor is primarily defined by the Great Dividing Range and the Great Escarpment of eastern Australia (Mackey et al. 2010).

Professional Misconduct: The Case Of The Medical Board Of Australia V Tausif (Occupational Discipline), Caroline Colton

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

In 2014, the Australian Capital Territory Civil and Administrative Appeals Tribunal (ACAT) made a finding of professional misconduct against a Canberra general practitioner working in two bulk-billing medical practices established by a corporate medical practice service company, Primary Health Care Limited (Medical Board of Australia v Tausif (Occupational Discipline) [2015] ACAT 4). This column analyses that case, particularly in relation to the ACAT finding that the practitioner's professional misconduct was substantially contributed to by an unsafe system of care, specifically, the failure of Primary Health Care to provide supervision and mentoring for clinicians working at its medical centres. The case …

Professional Misconduct: The Case Of The Medical Board Of Australia V Tausif (Occupational Discipline), Caroline Colton

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

In 2014, the Australian Capital Territory Civil and Administrative Appeals Tribunal (ACAT) made a finding of professional misconduct against a Canberra general practitioner working in two bulk-billing medical practices established by a corporate medical practice service company, Primary Health Care Limited (Medical Board of Australia v Tausif (Occupational Discipline) [2015] ACAT 4).

A Case Of Open Access, Rowan Cahill

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

I support ‘open access’, the enabling of unrestricted and free internet access to peer-reviewed scholarly research. Too much academic/scholarly writing is locked up behind the paywalls of multinational publishing empires, generating enormous profits from the unpaid, often publicly financed, labours of vassal scholars/academics. So too with scholarly books, confined as they are by small print runs and exorbitant ‘library copy/sale’ prices.

To my mind there is much in contemporary scholarly publishing practice that reminds me of the medieval library at the heart of Umberto Eco’s novel The Name of the Rose (1980), hidden as it is in a labyrinth, accessible …

Reporting Refugees: A Case Study In Interdisciplinary Research-Led Experiential Learning, Julie N. Posetti, Jonathan Powles

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

Inflammatory Australian media coverage of refugees and asylum seekers – an utterly marginalised subset of those from culturally and linguistically diverse communities portrayed as "mad, bad, sad or other" (Phillips & Tapsall 2007a, 2007b; Phillips 2009; Phillips 2011) - is frequently blamed for entrenched bigotry against these groups (Posetti 2007, 2009, 2010; Ewart & Posetti 2010; McKay, Thomas & Blood 2011).

How should journalism educators respond to this problem? And how should they respond in the context of an increasingly converged and social media-engaged industry, with a research objective?

At the University of Canberra (where the lead author taught broadcast …

The Legal Aspects Of Connectivity Conservation: Case Studies, Malcolm Farrier, Melissa Harvey, Solange Teles Da Silva, Marcia D. Leuzinger, Jonathan Verschuuren, Mariya Gromilova, Arie Trouwborst, Alexander R. Paterson

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

This publication follows on from Volume I in the series on legal aspects of connectivity conservation. It provides five case studies that continue to define and develop connectivity conservation law for supporting protected areas and for providing opportunities to address climate change as part of biodiversity conservation agendas. Volumes I and II together aim to advance conceptual thinking and legal understanding about important law and policy tools and options for supporting the connectivity of protected area systems. The legal research and analyses reflected in these papers span international, regional, national and local levels. A range of legal instruments existing in …

Justice And The Identities Of Women: The Case Of Indonesian Women Victims Of Domestic Violence Who Have Access To Family Court, Rika Saraswati

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

The Family Court is the most important institution for Indonesian women who have experienced domestic violence. The institution becomes their last resort to end the violence and to obtain their rights as wives when the performance of criminal justice system is not satisfying. The women’s rights as wives are basically regulated in the Marriage Act 1974 and other implementing regulations of the Act. In reality, the rights of the women in this study, that they expected to be fulfilled, were different for each individual woman victim of domestic violence because of the diverse implementation of regulations in the Family Courts …

Talkin ‘Bout Law’S Generations: Pop Culture, Intellectual Property And The Interpretation Of Case, Marett Leiboff

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

This article takes a very different path through which to explore the challenges affecting and shaping innovation and communications law. It reports on a facet of an empirical pilot study into generational differences in legal interpretation that revealed the porosity and friability of doctrine. The article focuses on one facet of the study apposite to this special issue: a fleeting reference by Finkelstein J to icons of pop culture in an otherwise unremarkable passing off I misleading and deceptive conduct case - Hansen v Bickfords - involving the marketing of an energy drink. As the responses of lawyer and law …

The Landmark James Hardie Case In Australia: A Wakeup Call For Non-Executive Directors, S M. Solaiman

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

Company directors are not an ornament, but they are an essential component of corporate governance, and vigilant non-executive directors (NEDs) are believed to be crucial to good governance of corporations.' Recent corporate failures in the developed world underscore the need for an active role of private actors such as directors in good governance of corporations.

A company in legal concept is an entity created by law conferring artificial personality to represent individuals who operate it for profits or other purposes with perpetuity in its existence and simplicity in its contractual relations. • Corporations emerged as a division of society and …

The Thomas Kelly Case: Why A ‘One-Punch Law’ Is Not The Answer, Julia Quilter

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

Last July, Sydney teenager Thomas Kelly was king-hit and killed by Kieran Loveridge in a senseless act of alcohol-fuelled violence. When Loveridge pleaded guilty to manslaughter in September, expectations were high that he would receive a hefty prison term. However, the sentence of four years minimum jail – handed down last Friday – sparked immediate outrage.

While Loveridge was in fact sentenced to a total of six years for Kelly’s manslaughter and seven years and two months when the other assaults committed the same night were included, the punishment still didn’t seem like it had fit the crime. A sense …

Book Review - Dynamics Of Cross Border Industrial Development In Mekong Sub-Region: A Case Study Of Thailand, Shaun Lin

Faculty of Law - Papers (Archive)

Dynamics of Cross Border Industrial Development in Mekong Sub-region is a well researched book assessing the applicability and feasibility of policies for industrial development in Thai border towns in less developed regions with mostly small and medium enterprises (SMEs). Maneepong focuses on the impacts of central and local government involvements, and how entrepreneurs operate in her selected border towns of Mae Sai, Mae Sot, Mukdahan and Nakhon Phanom. Specifically, she sets out to investigate which factors contribute to, or hinder, industrial development in Thailand's border towns.

Anti-Corruption Movements And The 'Twittering Classes' In The Postcolony: An Indian Case Study, Ramaswami Harindranath, Sukhmani Khorana

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

Recent events in the Middle East and North Africa have been widely celebrated as the triumph of civil society. Such accounts extol the role of social media and the Internet as the loci for the mobilisation of popular protest, so much so that news narratives and scholarly commentary both see these technologies as shaping these revolutions, as enabling such upheavals in civil society. Using a recent case of popular mobilisation in India, namely the anti-­‐corruption movement inspired in 2011 by Anna Hazare, this paper attempts to locate these developments within particular formations in the postcolony.

A Case Study Of Globalized Knowledge Flows: Guanxi In Social Science And Management Theory, Xiaoying Qi

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

This article examines globalized knowledge flows through a case study of the treatment of the Chinese concept of guanxi in social and management science journals. Three forms of concept– theory relations are postulated which effectively correspond with different patterns of knowledge flow. The treatment of this concept in 214 refereed journal articles published from 1999 to 2009 indicates that the concept guanxi, which possesses capacity for theoretical development, is predominantly treated merely as an object of study rather than the basis of theoretical elaboration. A continuing dominant pattern of knowledge flows from the metropole to the periphery is thus indicated. …

Grey Clouds Or Clearer Skies Ahead? Implications Of The Bay Of Bengal Case, Clive H. Schofield, Anastasia Telesetsky

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

On 14 March 2012, the International Tribunal on the Law of the Sea (ITLOS) delimited a maritime boundary between Bangladesh and Myanmar. The Judgment represents a landmark decision as the Tribunal’s first maritime boundary delimitation case, the first adjudication of a maritime boundary in Asia and the first judicial delimitation of a maritime boundary for areas of “extended continental shelf” seaward of the 200 nautical miles (nm) limit. Rather than review the Judgment in detail, this contribution will highlight three notable, and to an extent potentially problematic, aspects of the decision: the approach to delimitation adopted and treatment of islands; …

Privacy Implications For Information And Communications Technology (Ict): The Case Of The Jordanian E-Government, Akram Almatarneh

Faculty of Law - Papers (Archive)

Information and Communications Technology (ICT) is one of the fastest growing sectors in Jordan. The importance of ICT cannot be ignored as it affects all aspects of Jordanian society including telecommunications, education, banking, commerce and employment. However, the issue of individual privacy in this sector is a particular challenge as individuals are disclosing large amounts of personal information than ever at a time when there are no specific privacy laws or regulations. This paper identifies this privacy challenge by providing a case study on the electronic government (e-government initiative) in Jordan. The findings of this study are surprising. Despite that …

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 …

Socio-Economic Activity And Water Use In Australia's Tropical Rivers: A Case Study In The Mitchell And Daly River Catchments: Final Report For The Tropical Rivers And Coastal Knowledge Research Consortium, Natalie Stoeckl, Michelle Esparon, Owen Stanley, Marina Farr, Aurelie Delisle, Zulgerel Altai

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

Tropical Rivers and Coastal Knowledge (TRaCK) is a research hub that was established in 2007 under the Commonwealth Environment Research Facilities Program. Its aim is to provide the science and other knowledge that governments, communities and industries need for the sustainable use and management of Australia’s tropical rivers and estuaries.

Review: Ethics Of Internet Research: A Rhetorical Case-Based Approach, Andrew Whelan

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

Ethics of Internet Research is the 59th volume in the Digital Formations series published by Peter Lang and the first volume in that series dedicated to research ethics, a subject not substantively addressed by Digital Formations since 2003's Online Social Research. It is a good companion piece to Digital Media Ethics by Charles Ess, also released in 2009 but published by Polity Press, which concentrates on more 'structural' issues, such as copyright.

Lessons Learned From The Gulf Of Maine Case: The Development Of Maritime Boundary Delimitation Jurisprudence Since Unclos Iii, Stuart B. Kaye

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

The Chamber of the International Court of Justice (ICJ) delivered its judgment on the location of the maritime boundary between Canada and the United States in the Gulf of Maine, on October 12, 1984. Less than two years before, after many years consideration, and an almost complete failure of consensus during the Third United Nations Conference on the Law of the Sea (UNCLOS III),1 the international community adopted the text of Articles 74 and 83 of the United Nations Convention on the Law of the Sea.2 These two almost identically-worded articles provided the formula for delimiting the maritime boundaries between …

The Application Of Gis In Maritime Boundary Delimitation: A Case Study On The Indonesia-East Timor Maritime Boundary Delimitation, I Made Andi Arsana, C. Rizos, Clive H. Schofield

Faculty of Law - Papers (Archive)

The Democratic Republic of Timor-Leste (East Timor) attained independence on 20 May 2002, marking its separation from Indonesia. As a newly independent country, East Timor is faced with a number of significant international opportunities, together with some obligations that it must fulfil, including the delimitation of its international boundaries. Similarly, for Indonesia, with 10 maritime neighbours, the delimitation of maritime boundaries is a significant challenge. This paper describes a preliminary study on the delimitation of the Indonesia - East Timor maritime boundary, with a focus on technical aspects. Geospatial data has been obtained from the Indonesian government and processed with …

The Myth Of Homogeneity And The 'Others': Foreign Labour Migration And Globalization In The Case Of Japan, Hironori Onuki

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

This essay will examine the multi-dimensional dynamics of global labor migrations participating in and facilitated by globalization, by analyzing Japan's contemporary experience of rapidly intensified foreign labor immigration. Japan has not considered itself as a country of immigration until recently. Since Japan's prewar self-modernization period, conservative political discourse has conceptualized the modern nation-state as a racially homogeneous entity. This discourse established the cultural and political foundation for Japanese identity, and Japan's relationship with the outside world. Consequently, the incorporation of culturally and ethnically different Others has been deemed a threat to the harmony of Japan's homogeneous society. Yet, beginning in …

Prompt Release Procedures And The Challenge For Fisheries Law Enforcement: The Judgement Of The International Tribunal For The Law Of The Sea In The 'Volga' Case (Russian Federation V Australia), Warwick Gullett

Faculty of Law - Papers (Archive)

On 23 December 2002, the International Tribunal for the Law of the Sea ('ITLOS') ordered the prompt release of the Russian 1ongline fishing vessel Volga, at the time detained by Australian authorities in Fremantle, upon the posting of a bond or other security of A$l 920 000. The Volga was arrested for allegedly fishing without authorisation by a boarding party from the Royal Australian Navy frigate HMAS Canberra in the Australian Exclusive Economic Zone ('EEZ') surrounding Heard and McDonald Islands in the Southern Ocean on 7 Februarv 2002. At issue in the ITLOS proceedings was not whether the activities of …

The Hidden Whiteness Of Australian Law: A Case Study, Janet Ransley, Elena Marchetti

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

Indigenous people face procedural barriers in bringing actions in the Australian legal system, such as the need to frame their claims within Western cultural constructs of individual actions and economic loss, and to transform their stories into the written evidence privileged by courts. But an even greater barrier is the hidden Whiteness of Australian courts, which places Indigenous people as the 'Other' who must either change their claims to conform with 'our' requirements, or be rejected. The case study explored in this article shows how this Whiteness exhibits itself in procedural requirements; in its racialising of Indigenous people, their claims …

Debating Point' Political Refutation Of A Scientific Theory: The Case Of Polio Vaccines And The Origin Of Aids, Brian Martin

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

The theory that AIDS developed from contaminated polio vaccines used in Africa in the 1950s has never been properly investigated. Legal action and editorial decisions mean that the published record gives the misleading impression that the theory has been refuted.