Law Commons^™

Assessing The Threat Of Maritime Terrorism: Issues For The Asia-Pacific Region, Sam Bateman

Faculty of Law - Papers (Archive)

This article provides a critical assessment of the contemporary threat of maritime terrorism in the Asia-Pacific region. It addresses the operational dimensions of the threat to ships and port infrastructure, and considers the effectiveness of the international and regional measures that have been introduced in recent years to deal with this threat. Based on a proposition that that there has been rather too much emphasis on highly remote and speculative “doomsday” scenarios, the article supports the need for balance and equity in addressing the risks of maritime terrorism. It identifies types of terrorist attack that might be assessed as more …

Another Look At The Giving Of Independent Advice To Sureties: Some Uncertainties And Evolving Concerns, Charles Chew

Faculty of Law - Papers (Archive)

It seems clear from the cases that independent advice can play a role where the lender or creditor attempts to argue that a guarantor or surety has entered into a guarantee in an act of free and independent will, and is aware of the nature and effect of such a security. The purpose of independent advice in this context is to ensure that the guarantor understands the nature and effect of the transaction and the documents to be signed. This article critically analyses the importance of the surety procuring independent advice before executing the contract of guarantee. It examines some …

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 …

Intellectual Property Law In Southeast Asia: Recent Legislative And Institutional Developments, Christoph Antons

Faculty of Law - Papers (Archive)

Over the last few decades, countries belonging to the Association of Southeast Asian Nations (ASEAN) all had to revise their intellectual property systems. These revisions resulted at first from bilateral pressure of major trading partners such as the US and EU, then from the WTO-TRIPS Agreement and more recently from bilateral Free Trade Agreements. To observe the IP developments in ASEAN over this period is interesting, because this group of countries covers developed (Singapore), developing as well as least developed countries. All countries had to reform their outdated laws from the colonial era in very short time. However, in comparison …

Fragments Of Forest Management, A Private Practice: An Assessment Of The Implementation Of The Regional Forest Agreements On Private Land In The Southern And The Eden Regions Of Nsw, Holly Park

Faculty of Law - Papers (Archive)

This article comprises a critical analysis of the implementation of Regional Forest Agreements (‘R FA s’) on private land in the Southern and the Eden RFA regions of NSW. It does this by discerning two key objectives for private land from the RFAs — the conservation of priority ecosystems and the promotion of Ecologically Sustainable Forest Management (‘ESFM ’), and evaluating the effectiveness of the RFAs in facilitating the achievement of these objectives. It maintains that RFAs have proven largely ineffective in achieving these objectives and have failed to provide a strategic approach to the management of private forests. It …

Henry James, Affect And The Writer/Researcher, Catherine Cole

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

In this paper I am going to examine the role of the fiction writer/academic in university writing programs, especially the way in which they wear numerous research hats. Multi-skilled in every sense of the word, they range over university research restlessly - research for a novel one day, pedagogical research the next, time snatched, if they're lucky, to pursue their 'formal' research projects, to apply for funding not just from the ARC but from the Literature Board and other community funds available to writers. They find the time to give conference papers and meet other researchers in their fields. While …

Exclusive Economic Zones And Pacific Developing Island States - Who Really Gets All The Fish?, Quentin A. Hanich, Ben M. Tsamenyi

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

The establishment of exclusive economic zones (EEZs), through the 1982 United Nations Convention on the Law of the Sea (LOSC), changed the allocation of fishing rights. These zones allocated all fishing rights within 200 nautical miles of land to neighbouring coastal States. This change dramatically increased sovereign rights for Pacific small island States. In many cases, these States, with limited terrestrial resources, were allocated large resource rich EEZs that had previously been dominated by distant water fishing States. Distant water fishing States, concerned that they would lose access to 85-90% of the world's active fishing grounds, argued that the LOSC …

The French And Their Minorities: The Legal 'Linguicide' Arsenal, Henri A. Jeanjean

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

French Government policies to exclude, silence or outlaw regional minority languages date back as far as the 16th century and are clearly manifest in the nation’s legislation. Despite this, marginal languages have continued to survive and in some cases have experienced notable revivals. Perhaps to combat this resistance, a stronger arsenal was developed by the dominant culture in the 1990s—in particular through an amendment of Article 2 of the Constitution and the Toubon Law—in order to ensure the eradication of regional languages.

Industrial Tribunals And The Regulation Of Bargaining, Andrew D. Frazer

Faculty of Law - Papers (Archive)

This chapter seeks to apply ‘new’ regulation theory to industrial tribunals, in par-ticular the functions and powers of the Australian Industrial Relations Commission (AIRC) in relation to enterprise bargaining and the making of collec-tive workplace agreements. In a conventional economic sense, industrial tribunals have always been regulatory agencies, with their awards operating as labour standards setting minimum pay and conditions. Since the 1990s, though, the major work and impact of industrial tribunals has changed from making awards to the facilitation and approval of agreements as part of the process of labour market “deregulation.” As (at the time of final revision …

Essay Review: Final Test And Class And Schools, M. T. O'Brien

Faculty of Law - Papers (Archive)

In this essay review, O’Brien reviews two recent books that explore contemporary efforts to close the American black/white educational achievement gap. In Final Test: The Battle for Adequacy in America’s Schools, Peter Schrag chronicles on-going efforts to enlist the power of the courts to effect equal educational opportunity through court-ordered remedies. Richard Rothstein, in Class and Schools: Using Social, Economic and Educational Reform to Close the Black-White Achievement Gap, looks to social science, educational and social reform for potential solutions to the problem. O’Brien concludes that neither litigation nor educational reform is sufficient to provide universal access to high quality …

Up The Creek And Out At Sea: The Resurfacing Of The Public Right To Fish, Warwick Gullett

Faculty of Law - Papers (Archive)

The ancient common law public right to fish has had increasing resonance since 2001 when the High Court in Yarmirr denied the existence of asserted exclusive offshore native title rights in large part because of the “fundamental inconsistency” between them and the public right to fish. The Yarmirr decision also established that non-exclusive offshore native title rights must be consistent with the public right. This creates the potential for litigation where it is asserted that actions of native title holders have infringed the public right or where recreational anglers purportedly exercising the public right in an area subject to a …

The Scope And Limitations Of The Doctrine Of Misleading Or Deceptive Conduct In The Context Of Guarantees: Some Perspectives And Uncertainties, Charles Chew

Faculty of Law - Papers (Archive)

In this article, there is a critical analysis of the doctrine of misleading or deceptive conduct under s 52 of the Trade Practices Act 1974 (Cth) which is frequently relied upon for vitiation by guarantors or sureties who, as a result of such conduct on the part of the lender or credit provider, have given guarantees without adequate understanding or informed consent. It looks at how s 52 allows a party who is induced to enter into a contract of guarantee by misleading or deceptive conduct may be entitled to damages from the lender (the representor) in respect of any …

Blurring The Lines Of Environmental Responsibility: How Corporate And Public Governance Was Circumvented In The Ok Tedi Mining Limited Disaster, Judith M. Marychurch, Natalie P. Stoianoff

Faculty of Law - Papers (Archive)

This paper will present the preliminary findings of a research project into the impact of legislative legitimation of environmental damage on corporate governance in multinational companies and on public governance in the nation state. The environmental devastation of the Ok Tedi mine in Papua New Guinea (PNG) will be the focus of the paper.

The Hih Collapse: A Catalyst For Costly Reform, Gregor H. Allan

Faculty of Law - Papers (Archive)

This paper examines the corporate governance and audit law reforms wrought in the wake of recent corporate scandals such as the HIH collapse. It considers the cost of these reforms and, using HIH as a principle reference point, the likely benefits. In particular, it questions reforms in the areas of auditor independence and audit standards. Do the new independence requirements go far enough? Does audit practice regulation now go too far? Indeed, is the audit function inherently susceptible to legislated sanction – or does this denigrate the very essence of auditing as a profession?

Sexual Citizenship And The Civil Union Act 2004, Nan Seuffert

Faculty of Law - Papers (Archive)

This article analyses the parliamentary debates on the Civil Union Act 2004, which provides for legal recognition of same sex relationships, for stories of national identity. A close reading of the parliamentary debates on the Act suggests that although the supporters and opponents of the legislation seemed to be worlds apart, many told similar stories about New Zealand as a nation, and citizens within that nation, emphasising similar values and aspirations. Both sides told stories of citizens, of New Zealanders, as tolerant and fair, as forwarding-looking progressives who value stable long-term, committed relationships, warm loving communities for children, and strong …

Horizontes Distópicos En La Literatura Infantil: El Caso De La Esclavitud En La Saga De Harry Potter, Luis Gomez Romero

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

La voz utopía puede entenderse en dos sentidos. Habitualmente y en un sentido amplio, se ha convenido en remontar sus raíces a las voces griegas ού (no) y τόπος (lugar), esto es, el lugar que no existe. Sin embargo, también puede referirse a las raíces ευ (bueno) y τόπος (lugar): el buen lugar1 . En la etimología de la voz utopía se encuentra presente una ambigüedad que, al ser suprimida, confunde sus contenidos conceptuales: el “no lugar” (porque no es ahora, pero puede ser mañana) y el “buen lugar” (porque, ahora o mañana, debe ser). Con base en las acotaciones …

The Elephant's Shelter, Madeleine T. Kelly

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

Through a kind of surreal anamorphosis, these paintings reflect our current political reality to expose its hidden side – dreams, desires, hallucination. Thin washes of paint evoke a sense of environmental forecasts – in particular, global warming. Sole figures enact activities in largely uninhabited landscapes, trees morph while nature eerily hangs in strange balance against potential collapse. Many of these works were painted during an Australia Council residency at the Cité internationale, Paris.

Think Tank, Madeleine T. Kelly

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

No abstract provided.

Judicial Responses To Illegal Fishing Prosecutions In Fiji, Pio Manoa

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

Illegal fishing deprives a nation of its assets and wealth. Since 2002, seven fishing vessels have been found fishing illegally in Fiji waters. The role of the judiciary in deterring illegal fishing activity is an essential part of fisheries management and enforcement. Good decisions are more likely to attract compliance while lenient decisions are likely to promote unscrupulous fishing activity. In five years, the judiciary has laid out principles for sentencing and the making of forfeiture orders and its latest decision shows the judiciary adopting stern deterrent measures. This paper provides a preliminary analyses of the decisions of the judiciary …

Ground Control, Madeleine T. Kelly

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

WELCOME to DELL Gallery. COLONIAL TO CONTEMPORARY: Queensland College of Art 125 Years is a major project incorporating three group exhibitions and an extensive publication. A Historical Overview 1881-1974 was exhibited between 10 June - 16 July, and we are now pleased to host A Contemporary Overview 1974-2006 in DELL Gallery, and The Staff Self-Portrait Project at COLLEGE Gallery until 27 August 2006. Combined, the project draws on the work of over 150 participants, and is supported by a series of free gallery tours, school and community group presentations, published Gallery Guides, and major related events.

Perhaps fi ttingly, this …

Aspire And Be Inspired As A Korea Foundation Fellow: Pay It Forward In The Long-Term, Brian Yecies

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

This essay's title refers to the 2000 feature film Pay it Forward directed by Mimi Leder and starring the talented Kevin Spacey, Helen Hunt, and Haley Joel Osment. The film is not all that great in terms of making a contribution to the art of cinema, which is what I research and teach. However, its message carries a deep meaning. The phrase "pay it forward" captures the spirit of the potential impact Korea Foundation fellows have/can have in and on society. Everything we do and everyone we come in contact with in our lives is touched in some way. Everything …

Of Murmels And Snigs: Detention-Centre Narratives In Australian Literature For Children And Young Adults, Debra L. Dudek

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

THE AUSTRALIAN GOVERNMENT’S current policy on cultural diversity, ‘Multicultural Australia: United in Diversity’, which is due to be revised later in 2006, opens with a foreword by John Howard in which he “reaffirms the government’s commitment to promoting diversity, understanding and tolerance in all areas of endeavour”. No matter how frequently discourses of tolerance and respect for difference circulate in government policy and elsewhere, however, they continue to be underpinned by an assimilation agenda. Media representations, at least, encourage Australians to demonise individuals according to their race, especially since the global war on terror, and more locally in incidents like …

Language, Literacy And Education In Diverse Contexts: Theory, Research And Practice, Koo Yew Lie, Peter Kell

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

The articles in this first volume are articles situated in diverse social and institutional environments both in Australia and Malaysia. Here, the scholars discuss literacy, language and education issues from their academic experience in multilingual and multicultural contexts of schools, higher education and cultural communities such as digital and culture consuming communities. Contributors engage in literacy issues emerging from the diversity of communities straddling overlapping local-global contexts as well as communities of practice distinguished in terms of class, ethnicity, religion, spirituality and ideology. These are affiliated through common values and interests which transcend the divides of ethnicity, class, religion and …

Defamation And The Art Of Backfire, Truda Gray, Brian Martin

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

Legal discussions of defamation commonly focus on defamation law, with relative neglect of struggles that take place over defamation matters. To understand defamation struggles, we introduce backfire theory: if something is perceived as unjust and information about it is communicated to relevant audiences, it has the potential to backfire against those held responsible. Defamation suits have the potential to backfire when they are seen as oppressive or contrary to free speech. There are several types of actions by plaintiffs that can inhibit this backfire effect, including cover-up, devaluation of the defendant, reinterpretation and intimidation. To illustrate the value of backfire …

Language Literacy And Diversity @ 21st Century: A New Basics For Designing Global Learning, Koo Yew Lie, Peter Kell, Wong Fook Fei

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

Editorial: This volume examines learning and the learner as situated in a range of social and institutional contexts in Australia and Malaysia. This is the second volume in a special themed collection of two volumes on language, literacy and education in changing times. This volume explores the intersections between ICT, globalisation and institutional change with the issue of multilingualism and literacy (ways of reading, writing, speaking, listening and communicating in two or more languages) in environments of complex multiple and intersecting agendas of change.

Arthur And Corinne Cantrill: The Film's The Thing. [Experimental Film Makers Interviewed By Burt, Warren.], Warren Burt

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

They bought their Bolex camera in 1960, and their first experimental films followed in 1961-62. Films like Mud, Kinegraffiti, Galaxy and Nebulae, were all more or less stylised or abstract with sound-tracks inspired by musique concrete experiments. In the years that followed, they made a large number of films, published 100 issues of Cantrills Film notes and gave innumerable screenings of works by themselves and other experimental filmmakers. This is a severely edited version of an interview conducted by Warren Burt via telephone on 2 September 2006.

Pvi Collective, Sarah Miller

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

Review: reform, pvi collective, Northbridge, Perth, 25 May - 4 June 2006

Working With Global English: The Experience Of English Language Teachers In A University Language College, Peter Kell, Gillian Vogl

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

Through in-depth interviews and focus groups with English Language teachers employed at a university bridging college, this paper explores the challenges that teachers face in preparing international students for university life in Australia. Findings from this research suggest that the narrow business focused objectives of the English Language market undermine more holistic approaches to teaching English. A more holistic approach is required to respond to the social and cultural needs of students while they are studying in Australia. Nevertheless, this research suggests that regardless of the instrumental and reductionist neo liberal philosophy which informs these programs, meaningful intercultural dialogue, critical …

Investor Protection And Civil Liabilities For Defective Prospectuses: Bangladeshi Laws Compared With Their Equivalents In India And Malaysia, S M. Solaiman

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

The Bangladesh securities market came into being in 1954, but it still remains in its infancy. The Disclosure-Based Regulation (DBR), a regulatory regime useful for the developed securities markets, was adopted in January 1999 for an embryonic securities market in Bangladesh by discarding the previous merit regulation. The new philosophy came into effect without any significant changes being made in the old legal and regulatory framework of initial public offerings (IPOs).

A Cappella And Diva: A Collaborative Process For Individual Academic Writing, Wendy Beck, Kerry Dunne, Josie Fisher, Jane O'Sullivan, Alison Sheridan

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

Picture this: Five academic women are sitting at a round table in an elegant nineteenth century room located in a rural landscape in regional NSW. Sometimes with coffee, sometimes over lunch, the conversation ranges broadly across the spectrum of the personal, policy and university politics. Having traversed the terrain in which they work-workload, juggling the responsibilities that traditionally fall to women-the talk comes round to the business of the day: writing for publication. Here is how a typical meeting unfolds: they provide updates on their research successes, and then proceed to the discussion and critical response to a current piece …