Law Commons^™

Enforcement Cooperation In Combating Illegal And Unauthorized Fishing: An Assessment Of Contemporary Practice, Stuart Kaye

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

The emergence of the exclusive economic zone (EEZ) in the 1970s placed potentially vast areas of the sea under national jurisdiction. Moving from relatively modest territorial seas close to the coast as the only basis of fisheries jurisdiction for States, the international community suddenly embraced a new form of jurisdiction over resources that extended fisheries up to 200 nautical miles from land. This extension brought over one third of the world's oceans, or, more importantly, approximately 90% of the world's wild fish catch, under national jurisdiction.

Hope Logics: Biomedicine, Affective Conventions Of Cancer, And The Governing Of Biocitizenry, Nadine Ehlers, Shiloh Krupar

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

This essay explores the deployment of hope within biomedicine. Drawing on Michel Foucault’s account of biopolitics, it argues that hope works in the service of biopolitical imperatives to govern life, and to secure, optimize, and speculate on that life. The essay broadly considers the operations of affect in biomedicine, and specifically examines the governing function of affective conventions of hope—that is, the perceptual, emotional, and corporeal modes of managing and responding to events that support biomedicine’s telos toward the affirmation of life. In relation to illness, hope conditions responses to bodily vulnerability and uncertainty, manages the present for the future, …

Walking And Mapping: Artists As Cartographers By Karen O'Rourke (Review), Michael Leggett

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

In Walking and Mapping, both senses of the term "mapping" are caught up in a detailed hagiography of artists who, in one way or another, engage with movement through space, mainly as walkers. Records of the experience, by both the participants and the creators of the artworks, are mapped across both contemporary and historical time spectrums.

Impunity Of Frequent Corporate Homicides By Recurrent Fires At Garment Factories In Bangladesh: Bangladeshi Culpable Homicide Compared With Its Equivalents In The United Kingdom And Australia, S M. Solaiman, Afroza Begum

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

How corporations can be best prevented from causing deaths of others has been a critical concern of judges, legislators, prosecutors and academics alike around the world since the 19th century. Concerns for workplace safety have mounted globally in recent decades, propelling the demand for industrial manslaughter prosecution as a more effective use of criminal suits. Like the regulation of human conduct, criminal Jaw is considered to be an instrument for changing corporate behaviour in a way that fosters future conformity with the expectations of society.

Hayloft's Thyestes: Adapting Seneca For The Australian Stage And Context, Margaret Hamilton

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

This essay examines The Hayloft Project's theatre production Thyestes, first performed at the Malthouse Theatre in Melbourne in 2010. It takes as its starting point public criticism of the practice of adaptation as a derivative form. Contrary to this position, the essay applies recent theorizations of theatre as a hypermedium in order to argue that adaptation is an integral, structural component of theatre rather than simply an intertextual, representational strategy. In doing so, it positions Brechtian approaches to the medium as a historical precedent through which to consider the dramaturgical strategies at work in the production, and it extrapolates on …

Should Malaysia Reopen Batu Puteh?, Mohd Hazmi Bin Mohd Rusli, Rahmat Mohamad, Lowell Bautista

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

The International Court of Justice (ICJ) awarded Batu Puteh (Pedra Branca) to Singapore in 2008. However, the sovereignty over the Middle Rocks, a maritime feature that is located about one kilometre from Batu Puteh was granted to Malaysia. This decision left a huge impact for maritime boundary delimitations in this region and incited mixed feelings among Malaysians, Singaporeans and the global community as a whole. Quite recently, the Sultan of Johor has suggested for a special team to be established in making an appeal against the decision of the ICJ in 2008. This article therefore discusses the potential legal and …

The Nation Or The Globe?: Australian Literature And/In The World, Antonio Simoes Da Silva

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

Although far more nuanced and complex than am I suggesting here, I want to take the central thesis in Philip Mead’s ‘Proust at Caloundra’, a review-essay of Robert Dixon and Brigid Rooney’s Scenes of Reading: Is Australian Literature a World Literature? (2013), as a reminder of the importance of the national, and indeed the local, in the transnational turn in literary studies of the last decade or so. As Mead notes, slightly tongue-in-cheek, ‘[a]ll models of the world literary system … are structured according to complex political and cultural geometries and desires, as much as by national cultural genetics. There …

Research The Whistleblowers Want - And What They Need, Brian Martin

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

The topic of this chapter is research helpful to whistleblowers. I begin by outlining my experiences as a whistleblower adviser and describing some of the insights this role provides. Then I discuss what whistleblowers really need: practical skills and insights into the ways organizations and society operate. Next is an outline of the ways that research can help whistleblowers. Finally, I list a variety of research areas that I think are highly relevant to whistleblowers. These offer a research agenda oriented to those on the front line.

Tactics Of Political Lying: The Iguanas Affair, Brian Martin

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

Political lying recurrently becomes a major issue in the media. Audience members seldom have first-hand information and hence rely on media stories to assess claims. Although background information may not be available, the tactics used by key players are more likely to be reported. Two models for analysing tactics are introduced, one based on methods of deception, detection and response, the other based on methods to reduce or increase outrage over something perceived to be wrong. Each model is applied to claims and counterclaims concerning the behaviour of two Australian politicians. Most of the tactics used in the case study …

El Mobbing En La Esfera Pública: El Fenómeno Y Sus Características, Brian Martin, Florencia Pena Saint Martin

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

In workplace studies, mobbing is a recognised phenomenon worldwide (Hoel, Cooper and Faragher, 2001; McKay et al., 2008; Oceguera, Aldrete and Ruíz, 2009; Rayner and Keashly, 2005; Seydl, 2005; and many others). It can be defined as a group systematically attacking a person's reputation for a long period of time, using negative communication as a weapon. The intention is to destroy the target's value as a reliable individual, initially causing them to lose power and prestige, with the long-term goal of achieving their dismissal, resignation or general ostracism. Our aim is to demonstrate that this kind of behaviour can also …

Disability, Abnormality And Criminal Law: Sterilisation As Lawful And 'Good' Violence, Linda Roslyn Steele

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

This article analyses the place of the intersections of the criminal law of assault and the Family Court's welfare jurisdiction in rendering Family Court authorised sterilisation of girls with intellectual disability a legally permissible form of violence. The article does this by examining court authorised sterilisation of girls with intellectual disability by reference to the concepts of 'legal violence' and 'abnormality'. The article's central argument is that Family Court authorised sterilisation of girls with intellectual disability is a form of lawful and 'good' violence against abnormal legal subjects. Such girls are - by reason of their incapacity - positioned outside …

Disability At The Periphery: Legal Theory, Disability And Criminal Law, Linda Roslyn Steele, Stuart Dm Thomas

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

This special issue of the Griffith Law Review is dedicated to an examination of the relationships and intersections between disability, criminal law and legal theory. Despite the centrality of disability to the doctrines, operation and reform of criminal law, disability continues to inhabit a marginal location in legal theoretical engagement with criminal law. This special issue proceeds from a contestation of disability as an individual, medical condition and instead explores disability's social, political and cultural contexts. This kind of approach directs critical attention to questioning many aspects of the relationships between disability and criminal law which have otherwise been taken …

Radiodoc Review: Developing Critical Theory Of The Radio Documentary And Feature Form, Siobhan Mchugh

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

In 2013, the author founded an online journal, RadioDoc Review, to develop critical theory of the radio documentary/feature form and define production and research excellence in this under-researched field. Its international editorial board, comprising eminent scholars, acclaimed practitioners and key industry figures, selects audio works to be co-reviewed each volume. RadioDoc Review Volume 1 (2014) contains 31,000 words of ground-breaking analysis of the radio documentary/feature form, disseminated under the University of Wollongong's Open Access policy. Via promotion on social media, the journal has developed a significant international following, and the expert reviews have fomented debate in radio studies and in …

Gleams Of Light: Evolving Knowledge In Writing Creative Arts Doctorates, Diana Wood Conroy

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

From the mid-1980s to the present, art schools have embedded themselves within university structures in Australia. Around 35 universities now offer research degrees in creative arts (Baker and Buckley, 2009). Accompanying this development, the teaching of art practice and theory has followed the humanities in embracing philosophies of semiotics and post-structuralism from Europe and America through the lenses of feminism and postcolonialism.

The Occitanists And The Eu: A Minority's Turn Around, Henri A. Jeanjean

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

The concept of French identity has always been linked with French language. Regional movements, such as the occitans, fighting for the survival of their culture and their language, have historically posed a challenge to the very concept of France as an identity which, in its most accepted form, denies the existence of other languages, cultures and identities within its borders.

Getting My Hands Dirty: Research And Writing, Shady E. Cosgrove

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

Biographical note:

Shady Cosgrove is a Senior Lecturer at the University of Wollongong. Her novel What the Ground Can’t Hold (Picador 2013) tells the story of a group of people stranded in the Andes, all of whom have links to Argentina’s Dirty War. Her memoir She Played Elvis (Allen and Unwin, 2009) was shortlisted for the Australian Vogel Literary Prize, and her short stories and articles have appeared in Best Australian Stories, Antipodes, Southerly, Overland, the Sydney Morning Herald and the Melbourne Age. She has also written about the ethics of representation and teaching of creative writing. For further information …

The Necessity Of The New: Between The Modern And The Contemporary, Ian A. Mclean

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

'"The contemporary" is a curious neologism,' observed James Meyer, as the definite article lends this 'adjective or noun denoting a shared temporality of persons, things, or events ... a new importance.' The definite article announced the art world's big discovery around the turn of the twenty-first century: that the word 'contemporary' had, like the term 'modern' before it, acquired a theoretical and, indeed, metaphysical density. The contemporary, as more than a few art critics say these days, is the new modern. To make this claim, whether as an act of succession or negation, is to invest in a loaded history. …

Tim Winton: Critical Essays, Edited By Lyn Mccredden And Nathanael O'Reilly, Colleen Mcgloin

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

[extract] As the editors of Tim Winton: Critical Essays rightly note, literary criticism of Tim Winton’s work has been sparse to date. This observation is supported elsewhere (Rooney, 2009, 159) and by this writer who was at a loss in recent times when seeking critical works that might enrich a feminist reading of Breath (2008). The long overdue volume of critical works in Tim Winton: Critical Essays is therefore a most welcome contribution both to Winton studies and to literary criticism. Critical essays in this volume draw from a wide range of standpoints, critiques and reflections, bringing together a remarkably …

Educating Law Students For Rural And Regional Practice: Embedding Place Based Perspectives In Law Curricula, Amanda Kennedy, Trish Mundy, Jennifer Nielsen, Caroline Hart, Richard Coverdale, Reid Mortensen, Theresa Smith-Ruig, Claire Macken

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

The attraction and retention of professionals generally in rural and regional Australia is an on-going concern. Recent attention has focused upon the recruitment of lawyers and legal professionals to rural and regional areas, where the proportion of lawyers practising has steadily declined over the past twenty years. While the precise extent of the decline is difficult to assess, and the causes of recruitment and retention issues for lawyers in rural and regional areas are nuanced and can vary from region to region, it is clear that concern about attraction and retention is a national one. A national survey conducted in …

Erecting Malaysia's Maritime Fence Over The Straits Of Malacca And Singapore, Mohd Hazmi Bin Mohd Rusli, Abdul Ghafur Hamid Khin Maung Sein, Wan Izatul Asma Binti Wan Talaat, Maizatun Binti Mustafa

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

Malaysia shares the Straits of Malacca and Singapore with Indonesia, Singapore and briefly, with Thailand. Before colonial times, there were no proper maritime boundary delimitation within the Straits of Malacca and Singapore. The Anglo-Dutch Treaty of 1824 has divided the Straits of Malacca and Singapore into two spheres of dominions, which later on became the basis of modern territories of Malaysia, Indonesia and Singapore. Since independence in 1957, Malaysia has been working closely with Thailand, Indonesia and Singapore to properly demarcate maritime boundary lines in the Straits of Malacca and Singapore. Nevertheless, there are still unresolved issues between these littoral …

Philology, Or The Art Of Befriending The Text, Ika Willis

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

This essay examines the 1960s/1970s' transformation of the text as an object of reading, and argues for an equivalent transformation of philology as a practice of reading. I focus on the oscillation between reading as literacy (the capacity to recognize and decipher a given language) and reading as interpretation (the capacity to respond to the text). This oscillation itself results from an irreducible ambiguity in the text: both a stable verbal artifact with a determinable form and a bearer of indeterminate meaning. Reading Roland Barthes's critique of philology and Ursula Le Guin's science-fictional paean to its possibilities ('The Author of …

D.H. Lawrence's Plural Jurisprudence: An Enquiry Into Desmond Manderson's Post-Positivist 'Law And Literature', Luis Gomez Romero

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

The border means more than a customs house, a passport officer, a man with a gun. Over there everything is going to be different; life is never going to be quite the same again after your passport has been stamped and you find yourself speechless among the money-changers.

Graham Greene, The Lawless Roads

This article draws on Desmond Manderson's theorisation of ‘law and literature’ in order to undertake a jurisprudential reading of the last two ‘leadership novels’ that D.H. Lawrence published in the 1920s: Kangaroo and The Plumed Serpent. This reading demonstrates the strengths and weaknesses in Manderson's methodology while …

The Dynamics Of Transitional Justice: International Models And Local Realities In East Timor, Charles Hawksley

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

[extract] As Ruti Teitel has outlined, transitional justice can be seen as evolving in three phases. The first involved criminal trials, such as Nuremberg and Tokyo, which sought to hold individuals accountable for abuses of human rights during World War II, and this was buttressed by the development of various international legal instruments to protect rights which today constitute a central aspect of approaches to transitional justice. In the 1980s and 1990s a second phase of transitional justice occurred with post-dictatorship tribunals and bodies such as truth commissions, both of which 'thickened' transitional justice by introducing a restorative element. The …

The Impact Of Social Networks And Mobile Technologies On The Revolutions In The Arab World - A Study Of Egypt And Tunisia, Alana Maurushat, Mohamed Chawki, Hadeel Al-Alosi, Yassin El Shazly

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

Revolts in Tunisia and Egypt have led many observers to speak of the “first digital revolution” in the Arab world. Social media sites, such as Twitter and Facebook, are now recognised as the important tools that facilitated the “Jasmine Revolution”. In fact, the willingness of the Mubarak government to block all internet connection in Egypt has demonstrated the concern over the power of new technologies in facilitating political change. The tenacity of the social movements that are still on-going in the Arab world continues to demonstrate the important role that networked technologies—such as the internet, satellite channels and social networking …

Primal Impression And Enactive Perception, Shaun Gallagher, Dan Zahavi

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

Philosophers and cognitive scientists have recently argued that perception is enactive (e.g., Varela, Thompson, & Rosch 1991; Noe, 2004; Di Paolo, 2009). 1 To put it simply, perception is action-oriented. When I perceive something, I perceive it as actionable. That is, I perceive it as something I can reach, or not; something I can pick up, or not; something I can hammer with, or not, and so forth. Such affordances (Gibson, 1977, 1979) for potential actions (even if I am not planning to take action) shape the way that I actually perceive the world. One can find the roots of …

The Diggers' Wish: Set The Record Straight, Ben Morris

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

This paper explores the issues of the participant interviewer in a military history context. Participant interviewers may have a stake in the results of their work, as they are part of the story that is under investigation and can influence the result to fit their prejudices. This paper focuses on the strong desire that the interviewees have to correct errors in the official record. As Alessandro Portelli says, 'oral history is not just a collection of stories, but also their interpretation and representation.' A narrative recorded by a participant may produce a realistic interpretation of battlefield events rather than the …

Lobbying, Greenwash And Deliberate Confusion: How Vested Interests Undermine Climate Change, Sharon Beder

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

Politicians in many nations have not been responsive to community concerns about global warming because of a highly successful corporate campaign of misinformation and persuasion. Corporations that would be affected by measures to reduce greenhouse gas emissions set out to confuse and deceive the public and policy-makers on the issue. They use corporate front groups, public relations firms and conservative think tanks to cast doubt on predictions of global warming and its impacts, to imply that governments do not know enough to act, to argue that the cost of reducing greenhouse gases is prohibitively expensive and to promote doubtful solutions …

Business-Managed Democracy: The Transnational Class, Sharon Beder

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

“The rise of corporate power and the increasing importance accorded to markets mean that transnational corporations are eclipsing the nation state as the driving force behind policy-making. Free trade has been given precedence over goals such as environmental protection, improved working conditions, affordable and accessible electricity and water, universal health care and schooling.”

Securing Blue Wealth: The Need For A Special Sustainable Development Goal For The Ocean And Coasts And For Future Ocean Spatial Planning, Martin Visbeck, Ulrike Kronfeld-Goharani, Barbara Neumann, Wilfried Rickels, Jorn Schmidt, Erik Van Doorn, Nele Matz-Luck, Konrad Ott, Martin F. Quaas

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

The ocean regulates the global climate, provides humans with natural resources such as food, materials, important substances, and energy, and is essential for international trade and recreational and cultural activities. Together with human development and economic growth, free access to, and availability of, ocean resources and services have exerted strong pressure on marine systems, ranging from overfishing, increasing resource extraction, and alteration of coastal zones to various types of thoughtless pollution. Both economic theory and many case studies suggest that there is no “tragedy of the commons” but a “tragedy of open access”. With high likeliness, structures of open access …

Moya Dyring: An Australian Salon In Paris, Melissa J. Boyde

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

Part of the early Heide circle, Moya Dyring left Melbourne for Europe in the late 1930s and lived much of her life in Paris, in an apartment on the Ile St Louis which became known as Chez Moya. This exhibition follows Dyring’s transition from art student at the National Gallery School in Melbourne (1929-1932), where she met her future husband Sam Atyeo, to Parisian resident and charismatic salonnière – from Heide to the Left Bank.

As a young artist, Dyring was among the first painters in Melbourne to respond to the influence of Cubism, evident in her painting Melanctha (1937), …