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Articles 1 - 30 of 34
Full-Text Articles in Law
Industrial Relations And The Sociological Study Of Labour Law, Andrew D. Frazer
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
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.
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
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 …
Foster V Mountford: Cultural Confidentiality In A Changing Australia, Christoph Antons
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
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
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
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
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
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
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.
Reflections On Transgender Immigration, Nan Seuffert
Reflections On Transgender Immigration, Nan Seuffert
Faculty of Law - Papers (Archive)
Recently, the Human Rights Commission of New Zealand has conducted an inquiry that has officially documented 'the obstacles to dignity, equality and security for trans people'. The Australian Human Rights Commission has also recently conducted a sex and gender diversity project, and in 2006 the Equalities Review in the United Kingdom commissioned the largest research project ever untaken globally on trans people's lives, reported in Engendered Penalties: Transgender and Transsexual People's Experiences of Inequality and Discrimination. This article reflects on the implications of the issues raised by these recent reports and research for transgendered people immigrating to and from New …
Same-Sex Immigration: Domestication And Homonormativity, Nan Seuffert
Same-Sex Immigration: Domestication And Homonormativity, Nan Seuffert
Faculty of Law - Papers (Archive)
LAW- AND POLICY-MAKERS in New Zealand have taken what might be seen, from a conservative/liberal divide, as two contradictory stances on aspects of border control over the past decade. In one move, they have progressively tightened and whitened immigration policy generally, making the criteria and process for gaining residency more restrictive. At the same time, they have progressively opened the borders in relation to the immigration of same-sex couples, aligning immigration requirements for these couples with those of heterosexual couples. I argue that New Zealand's recent liberalisation of immigration law and policy for gays and lesbians aligns with, rather than …
The Arctic: A Race For Resources Or Sustainable Ocean Development, Tavis Potts, Clive Schofield
The Arctic: A Race For Resources Or Sustainable Ocean Development, Tavis Potts, Clive Schofield
Faculty of Law - Papers (Archive)
The Arctic Ocean is a semi-enclosed sea surrounded by five coastal states: Canada, Denmark (Greenland), Norway (Svalbard), the Russian Federation and the United States of America (Figure 1). Since the planting of a Russian flag on the sea-bed at the North Pole in August 2007 there have been renewed efforts by the other Arctic Ocean littoral states to reinforce their claims in the region. This, combined with the dramatic decrease in the extent of summer sea-ice, means that the Arctic has become a focus of global media, scientific and government attention. Much of this Arctic narrative has been decidedly alarmist, …
That Vague But Powerful Abstraction: The Concept Of 'The People' In The Constitution, Elisa Arcioni
That Vague But Powerful Abstraction: The Concept Of 'The People' In The Constitution, Elisa Arcioni
Faculty of Law - Papers (Archive)
The concept of ‘the people’ in the Constitution is undoubtedly unfinished constitutional business. The concept is “vague” due to a lack of development by the High Court but also because it is an inherently fluid concept. Yet it is also “powerful” because of what ‘the people’ has come to signify, which is something that I suggest should be further developed by the High Court. There are two questions that I will consider in this paper. The first is: who are ‘the people’? The second is: what impact do they have on our understanding of the Constitution and constitutional terms?
Compliance Review: A Study Undertaken To Support The Development Of A Regional Mcs Strategy For Pacific Oceanic Fisheries, Quentin A. Hanich, Colin Brown, Ben M. Tsamenyi, Marcel Kroese, Duncan Soutar, Christian Mcdonald
Compliance Review: A Study Undertaken To Support The Development Of A Regional Mcs Strategy For Pacific Oceanic Fisheries, Quentin A. Hanich, Colin Brown, Ben M. Tsamenyi, Marcel Kroese, Duncan Soutar, Christian Mcdonald
Faculty of Law - Papers (Archive)
The achievement of FFA members’ regional goals for their tuna fisheries depends heavily upon the effective implementation by national governments of a comprehensive range of MCS measures. In support of this, FFA members have established various regional MCS measures that provide a framework to enable effective management and control of the region’s tuna fisheries. However, problematic implementation at the national level continues to undermine the ability of FFA members and the secretariat to fully implement these initiatives and effectively monitor and control the region’s tuna fisheries, thereby threatening their returns. While some FFA members have developed strong MCS systems with …
Safeguarding The Stocks: A Report On Analytical Projects To Support The Development Of A Regional Mcs Strategy For Pacific Oceanic Fisheries, Duncan Soutar, Quentin A. Hanich, Mark Korsten, Tim Jones, Jack Mccaffrie
Safeguarding The Stocks: A Report On Analytical Projects To Support The Development Of A Regional Mcs Strategy For Pacific Oceanic Fisheries, Duncan Soutar, Quentin A. Hanich, Mark Korsten, Tim Jones, Jack Mccaffrie
Faculty of Law - Papers (Archive)
This report sets out the results of five analytical projects undertaken to support the development of a Regional MCS Strategy for Pacific oceanic fish stocks. The overarching purpose of the Strategy is to support a management regime and associated measures that will ensure the long term sustainability of oceanic fish stocks and associated economic benefits flowing from them to Pacific Island Countries. Extensive consultation was undertaken in support of the projects including visits by the project team to 16 of the 17 FFA member nations, direct consultation with staff from key regional institutions (e.g. WCPFC, SPC, USP), as well as …
Fare Well, Justice Kirby, Elisa Arcioni
Fare Well, Justice Kirby, Elisa Arcioni
Faculty of Law - Papers (Archive)
Who can believe it? ‘The great dissenter’, the judge with a Facebook site dedicated to him,1 the person known affectionately to his associates as ‘our Judge’, Justice Michael Kirby has reached the end of his federal judicial tenure. Justice Kirby has turned 70 and, as required by section 72 of the Constitution, must leave his office in the High Court of Australia. Analysis of the Judge’s jurisprudential influence will flow soon enough. This piece is instead a reflection on the experiences of his associates to provide some different insights, such as into the workings of his High Court chambers. Those …
Art Actually! The Courts And The Imposition Of Taste, Marett Leiboff
Art Actually! The Courts And The Imposition Of Taste, Marett Leiboff
Faculty of Law - Papers (Archive)
How do we read art, at least in law? The traditional approach of the courts has been to disavow, or at least avoid any discussion on matters of aesthetics or connoisseurship, or more accurately assert such a disavowal. Because whether the courts acknowledge it or not, they actively judge art, even when they say they don't. Judging art by judges, as we will see, is not a particularly edifying spectacle, but is it better for the courts to avoid judging art? In this article, I will explore what happens when the courts grapple with the problem of judging art, but …
Response And Responsibilty, Richard Mohr
Response And Responsibilty, Richard Mohr
Faculty of Law - Papers (Archive)
One year after the Apology to the Stolen Generations, Richard Mohr asks what we mean by 'responsibility' in the context of a government wishing to redress past wrongs. Looking specifically at the Intervention and the suspension of the Racial Discrimination Act, Richard argues that, for the Apology to have any meaning beyond 2008, it is important that the Commonwealth deliver on the concrete measures recommended in Bringing them Home, and provide Aboriginal and Torres Strait Islander people a guarantee against further racist polices, both now and in the future.
Older Workers As Vulnerable Workers In The New World Of Work, Malcolm Sargeant, Andrew Frazer
Older Workers As Vulnerable Workers In The New World Of Work, Malcolm Sargeant, Andrew Frazer
Faculty of Law - Papers (Archive)
The paper brings focus to the consideration of one particular group of vulnerable workers who may be adversely affected by new forms of work. This group already suffers from discrimination based upon their age and this paper will consider whether this discrimination is compounded by the increasing numbers of older workers in the precarious workforce. The paper examines older workers in Australia and the United Kingdom to determine the extent of their involvement in precarious work, in particular part-time, casual or temporary work, and self-employment.
Fakers And Forgers, Deception And Dishonesty: An Exploration Of The Murky World Of Art Fraud, Kenneth Polk, Duncan Chappell
Fakers And Forgers, Deception And Dishonesty: An Exploration Of The Murky World Of Art Fraud, Kenneth Polk, Duncan Chappell
Faculty of Law - Papers (Archive)
This article examines the problem of fraud in the contemporary art market. It addresses two major cases where persons have been convicted of art fraud in recent years in Australia, examining the legal context within which the prosecutions took place. It then examines problems in common terms such as 'forgery' and 'fakery'. The final sections review the different ways that issues of authenticity in art are addressed in possible cases of art fraud, and examines the question of why so little art fraud comes to the attention of the criminal justice system.
‘Allontanarsi Dalla Linea Gialla’: Distance And Access To Urban Semiosis, Richard Mohr
‘Allontanarsi Dalla Linea Gialla’: Distance And Access To Urban Semiosis, Richard Mohr
Faculty of Law - Papers (Archive)
This is an enquiry into the relationship between familiarity and distance in semiotic and related studies. In parallel, it explores our relationship to cities: the familiar as the ground of our daily lives are invisible, while the unfamiliar become vivid in proportion to our ignorance of them. Learning and research may at first appear to involve a process of gaining greater proximity to the subject matter. There are indications from the semiotic and phenomenological traditions that suggest, however, that greater distance is required, in order to question taken-for-granted semiotic bonds and to step outside in order to examine quotidian life …
Does Otolith Chemistry Indicate Diadromous Lifecycles For Five Australian Riverine Fishes?, Ronald J. West, N. G. Miles, M. D. Norman
Does Otolith Chemistry Indicate Diadromous Lifecycles For Five Australian Riverine Fishes?, Ronald J. West, N. G. Miles, M. D. Norman
Faculty of Law - Papers (Archive)
Diadromy is an important characteristic of the lifecycle of many Australian coastal fishes, but many of these species remain poorly studied. The migratory patterns of five riverine fish species from south-eastern Australia were examined using otolith chemistry. Analyses of individual otoliths from wild-caught fishes revealed distinctive lateral variation in otolith Sr : Ca values that provide good evidence for an amphidromous lifecycle for two species: Myxus petardi and Gobiomorphus australis. Gobiomorphus coxii, Potamalosa richmondia and Notesthes robusta displayed Sr : Ca patterns that indicated that these species may have more complex movements between marine and fresh water. Overall, these results …
Ambulance Officers: The Impact Of Exposure To Occupational Violence On Mental And Physical Health, C. Mayhew, D. Chappell
Ambulance Officers: The Impact Of Exposure To Occupational Violence On Mental And Physical Health, C. Mayhew, D. Chappell
Faculty of Law - Papers (Archive)
Health workers in general, and ambulance officers in particular, experience significant levels of occupational violence. In this article, the results are reported from a study which gathered both quantitative and qualitative data on the occupational violence encountered by 40 ambulance officers working in a large Australian health agency. Each officer was interviewed face-to-face, completed a detailed questionnaire with both qualitative and quantitative responses required, and also completed the abbreviated General Health Questionnaire (GHQ), an instrument which has been validated across a range of international studies to measure emotional stress. The stUdy findings showed, among other things, a high risk of …
Charting A Sustainable Course Through Changing Arctic Waters, Robin Warner
Charting A Sustainable Course Through Changing Arctic Waters, Robin Warner
Faculty of Law - Papers (Archive)
As the Arctic ice recedes, the opportunities for all year round routing of merchant shipping through Arctic waters rise. The freeing up of Arctic waters may also attract increased numbers of scientific research vessels servicing oil and gas installations, foreign fishing vessels and warships. The prospect of major navigational channels opening up in this region brings risks to a pristine Arcti environment and its indigenous inhabitants. This article highlights the threats posed to the species, habitats and ecosystems of Arctic waters from increased shipping transits of the region including the potential for increased vessel source discharges of noxious and hazardous …
Shhh ... We Can't Tell You: An Update On The Naming Prohibition Of Young Offenders, Robyn Lincoln, Duncan Chappell
Shhh ... We Can't Tell You: An Update On The Naming Prohibition Of Young Offenders, Robyn Lincoln, Duncan Chappell
Faculty of Law - Papers (Archive)
Prohibitions on the naming of young offenders in criminal proceedings remain a controversial issue both in Australia and abroad. Despite international obligations, like those contained in the UN Convention on the Rights of the Child, to protect the privacy of young people in conflict with the law jurisdictions like the Northern Territory (NT) continue to flout such provisions by placing few restrictions on media reporting of criminal cases involving juveniles. Amidst political clamours for ever more punitive measures to deal with youth crime other jurisdictions now seem bent upon following the NT's approach. A notable and largely unnoticed exception to …
Regulating Fishing In Australia: From Mullet Size Limits To International Hot Pursuits, Warwick Gullett
Regulating Fishing In Australia: From Mullet Size Limits To International Hot Pursuits, Warwick Gullett
Faculty of Law - Papers (Archive)
Fisheries laws simply regulate human interactions with fish. Yet it is an enormous challenge to get them right. The central problem with which fishing laws need to deal is that technological advancements continually enable people (especially commercial fishers) to increase their ability to catch fish. This may be coupled with an increasing number of people fishing, or perhaps a relatively stable number of people fishing but changing their practice such as intensively fishing in one location. Human activities affecting fish are ever changing and, as a result, so too are fisheries laws. Past fishery collapses (such as cod stocks off …
Shariah Law And Cyber-Sectarian Conflict: How Can Islamic Criminal Law Respond To Cyber Crime?, Alaeldin Maghaireh
Shariah Law And Cyber-Sectarian Conflict: How Can Islamic Criminal Law Respond To Cyber Crime?, Alaeldin Maghaireh
Faculty of Law - Papers (Archive)
The Islamic world has populated cyberspace and opened up websites propagating Islamic rhetoric and ideology. Some of these website established cyber-schools teach hacking techniques. Unfortunately, the growing Muslim presence in cyberspace has spawned an increasing amount of what can be termed as ‘cyber-sectarian conflict’. Thus, it is not uncommon to find that Islamic and non-Islamic websites have been hacked and sabotaged by Anti-Fitna Muslim Hackers or other hackers. Amazingly, Muslim scholars refrained from condemning ‘Hacktivism’ and even made it appear as if it were perpetrated to defend Islam. Shariah response to the problem is significant since Muslims hackers consider Shariah …
Blurring The Lines: Maritime Joint Development And The Cooperative Management Of Ocean Resources, Clive H. Schofield
Blurring The Lines: Maritime Joint Development And The Cooperative Management Of Ocean Resources, Clive H. Schofield
Faculty of Law - Papers (Archive)
The first part of the paper examines the significant extension in coastal State jurisdiction offshore and outlines progress in the delimitation of maritime boundaries worldwide. Some of the problems associated with lack of maritime boundary delimitation and the resultant large zones of overlapping maritime claims are then highlighted. Progress in the cooperative management of ocean resources through maritime joint development zones is then reviewed.
Perspectives On The Organisation And Control Of The Illicit Traffic In Antiquities In South East Asia, Christine Adler, Duncan Chappell, Kenneth Polk
Perspectives On The Organisation And Control Of The Illicit Traffic In Antiquities In South East Asia, Christine Adler, Duncan Chappell, Kenneth Polk
Faculty of Law - Papers (Archive)
We intend addressing three issues in till paper. First we will describe in detail not available elsewhere the patterns that are found in the illicit traffic in antiquities that flow out of Southeast Asia in particular from Cambodia, China, Laos, Myanmar Thailand and Vietnam. Second, we shall examine the focus of organized crime that have emerged in order to support that traffic. Third, we will propose initiatives that are both focused on the demand end of the market chain (rather than on the supply end), and on tho e approaches than give emphasis to persuasion' rather than punishment and prohibition.