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Articles 31 - 60 of 88

Full-Text Articles in Law

Dynamical Relations In The Self-Pattern, Shaun Gallagher, Anya Daly Jan 2018

Dynamical Relations In The Self-Pattern, Shaun Gallagher, Anya Daly

Faculty of Law, Humanities and the Arts - Papers

The notion of a self-pattern, as developed in the pattern theory of self (Gallagher, 2013), which holds that the self is best explained in terms of the kind of reality that pertains to a dynamical pattern, acknowledges the importance of neural dynamics, but also expands the account of self to extra-neural (embodied and enactive) dynamics. The pattern theory of self, however, has been criticized for failing to explicate the dynamical relations among elements of the self-pattern (e.g., Kyselo, 2014; Beni, 2016; de Haan et al., 2017); as such, it seems to be nothing more than a mere list of ...


Fractured Liberals Need A New Brand - 'Broad Church' Is No Longer Working, Gregory C. Melleuish Jan 2018

Fractured Liberals Need A New Brand - 'Broad Church' Is No Longer Working, Gregory C. Melleuish

Faculty of Law, Humanities and the Arts - Papers

Political parties wishing to win majority support in the pursuit of gaining control of government cannot afford to be tied too closely to a rigid ideology or set of views. They must accommodate a range of viewpoints and approaches to matters of public policy, even as they decide which policy to pursue.


Part Xii Of The United Nations Convention On The Law Of The Sea And The Duty To Mitigate Against Climate Change: Making Out A Claim, Causation, And Related Issues, Seokwoo Lee, Lowell B. Bautista Jan 2018

Part Xii Of The United Nations Convention On The Law Of The Sea And The Duty To Mitigate Against Climate Change: Making Out A Claim, Causation, And Related Issues, Seokwoo Lee, Lowell B. Bautista

Faculty of Law, Humanities and the Arts - Papers

Within the current state of international jurisprudence, there is a growing recognition of the importance of ocean environmental protection. One of the most significant recent examples is the decision in the South China Sea Arbitration, which recognized the obligation of States to protect and preserve the marine environment in disputed territorial or maritime areas. Despite this overall trend, however, serious gaps in State practice remain. In particular, current research on State practice of national and regional marine pollution contingency planning in the Asia-Pacific reveals that there has been little regard displayed in the region for accommodating a proactive approach to ...


The Nexus Clause: A Peculiarly Australian Obstacle, Zachary Gorman, Gregory C. Melleuish Jan 2018

The Nexus Clause: A Peculiarly Australian Obstacle, Zachary Gorman, Gregory C. Melleuish

Faculty of Law, Humanities and the Arts - Papers

The nexus between the House of Representatives and the Senate as set out in Section 24 of the Australian Constitution states that the Senate be half the size of the House of Representatives. It was a constitutional provision without precedent, the only such clause in the Australian Constitution. Little work has been done on the nexus. This paper examines how it came into existence during the Constitutional Conventions largely as the consequence of two desires. One was to protect the power of the Senate and the place of the smaller states. The other was to prevent the overexpansion of the ...


'Captured By Evils' - Combatting Black Money, Corruption And Money Laundering In Bangladesh: The Dog Must Bark To Keep Predators Away', S M. Solaiman Jan 2018

'Captured By Evils' - Combatting Black Money, Corruption And Money Laundering In Bangladesh: The Dog Must Bark To Keep Predators Away', S M. Solaiman

Faculty of Law, Humanities and the Arts - Papers

Purpose: The purpose of this paper is to demonstrate that the recurrent amnesties to black money holders (BMHs) in Bangladesh have not benefited the national economy, rather have increased corruption and money laundering, and that offering further opportunity to whiten back money as recommended by the Anti-Corruption Commission of Bangladesh will do more harm than good.

Design/methodology/approach: This research relies on both primary and secondary materials adopting an archival analysis of the existing literature.

Findings: The major findings include the following: the recurrent amnesties to BMHs have damaging impacts on corruption and money laundering in Bangladesh; the Anti-Corruption ...


Andrés Manuel López Obrador Was Elected To 'Transform' Mexico. Can He Do It?, Luis Gomez Romero Jan 2018

Andrés Manuel López Obrador Was Elected To 'Transform' Mexico. Can He Do It?, Luis Gomez Romero

Faculty of Law, Humanities and the Arts - Papers

Mexico's leftist president-elect made many strange bedfellows to win the 2018 race, including business moguls, evangelicals and Marxists. How this motley new party will run Mexico is anyone's guess.


Massacres, Disappearances And 1968: Mexicans Remember The Victims Of A 'Perfect Dictatorship', Luis Gomez Romero Jan 2018

Massacres, Disappearances And 1968: Mexicans Remember The Victims Of A 'Perfect Dictatorship', Luis Gomez Romero

Faculty of Law, Humanities and the Arts - Papers

Fifty years ago, soldiers gunned down hundreds of student protesters in a Mexico City plaza. It was neither the first nor the last time Mexico's army would be deployed against its own citizens.


Writing, Motivation And Your Work In Progress: Catherine Cole On Writing Motivation And Finding Discipline In A Busy World, Catherine Cole Jan 2018

Writing, Motivation And Your Work In Progress: Catherine Cole On Writing Motivation And Finding Discipline In A Busy World, Catherine Cole

Faculty of Law, Humanities and the Arts - Papers

No abstract provided.


An Activist For All Seasons, Rowan Cahill Jan 2018

An Activist For All Seasons, Rowan Cahill

Faculty of Law, Humanities and the Arts - Papers

During his lifetime Robert Daniel "Bob" Walshe (1923-2018) was many things, variously factory labourer, soldier, communist, organiser, activist, pamphleteer, teacher, editor, publisher, historian, educationist, environmentalist. He was the author/co-author/editor of some forty books.


Geography Limits Island Small-Scale Fishery Production, Hampus B. Eriksson, Kim Friedman, Moses Amos, Ian Bertram, Kalo Pakoa, Rebecca Fisher, Neil L. Andrew Jan 2018

Geography Limits Island Small-Scale Fishery Production, Hampus B. Eriksson, Kim Friedman, Moses Amos, Ian Bertram, Kalo Pakoa, Rebecca Fisher, Neil L. Andrew

Faculty of Law, Humanities and the Arts - Papers

Interacting social and ecological processes shape productivity and sustainability of island small-scale fisheries (SSF). Understanding limits to productivity through historical catches help frame future expectations and management strategies, but SSF are dispersed and unaccounted, so long-term standardized data are largely absent for such analyses. We analysed 40 years of trade statistics of a SSF product that enter international markets (sea cucumber) from 14 Pacific Island Countries and Territories (PICT) against response variables to test predictors of fishery production: (i) scale, (ii) productivity and (iii) socio-economics. Combined production in PICT peaked over 20 years ago, driven by exploitation trends in Melanesia ...


The University Tea Room: Informal Public Spaces As Ideas Incubators, Claire Wright, Simon Ville Jan 2018

The University Tea Room: Informal Public Spaces As Ideas Incubators, Claire Wright, Simon Ville

Faculty of Law, Humanities and the Arts - Papers

Informal spaces encourage the meeting of minds and the sharing of ideas. They serve as an important counterpoint to the formal, silo-like structures of the modern organisation, encouraging social bonds and discussion across departmental lines. We address the role of one such institution – the university tea room – in Australia in the post-WWII decades. Drawing on a series of oral history interviews with economic historians, we examine the nature of the tea room space, demonstrate its effects on research within universities, and analyse the causes and implications of its decline in recent decades.


Assessing Food Security Using Household Consumption Expenditure Surveys (Hces): A Scoping Literature Review, Joanna Russell, Anne Lechner, Quentin A. Hanich, Aurelie Delisle, Brooke M. Campbell, Karen E. Charlton Jan 2018

Assessing Food Security Using Household Consumption Expenditure Surveys (Hces): A Scoping Literature Review, Joanna Russell, Anne Lechner, Quentin A. Hanich, Aurelie Delisle, Brooke M. Campbell, Karen E. Charlton

Faculty of Law, Humanities and the Arts - Papers

Objective: To meet some of the UN's seventeen Sustainable Development Goals by 2030, there is a need for more effective policy to reduce food insecurity in low-income and lower-middle-income countries (LMIC). Measuring progress towards these goals requires reliable indicators of food security in these countries. Routinely conducted household consumption and expenditure surveys (HCES) provide potentially valuable and nationally representative data sets for this purpose. The present study aimed to assess methods used to determine national food security status using proxy measures from HCES data in LMIC globally. Design: A scoping literature review was conducted using electronic databases. Of the ...


A Biography Of Iceberg B09b, Elizabeth Leane, Ben Maddison Jan 2018

A Biography Of Iceberg B09b, Elizabeth Leane, Ben Maddison

Faculty of Law, Humanities and the Arts - Papers

Icebergs have taken on dramatic new meanings in the Anthropocene. They have long been used as metaphors for an immensity present but unseen, but in the age of anthropogenic warming they also metonymically suggest unstable icesheets, shrinking glaciers and rising seas. Outside of scientific discourse, however, icebergs tend to be considered as a collective, interesting both in their symbolism and materiality, but rarely treated as individual objects with their own histories and futures. In this article, we canvas some of the ways in which humanities researchers have recently been thinking about ice, and in response offer a brief biography of ...


Australia's Deal With Timor-Leste In Peril Again Over Oil And Gas, Rebecca Strating, Clive H. Schofield Jan 2018

Australia's Deal With Timor-Leste In Peril Again Over Oil And Gas, Rebecca Strating, Clive H. Schofield

Faculty of Law, Humanities and the Arts - Papers

In April, Australia and Timor-Leste reached agreement on their maritime boundaries in the Timor Sea. This resolved a longstanding source of contention between them. The potential benefits of this historic breakthrough are now in peril, because the critical issue of how the shared oil and gas of the Timor Sea are to be developed remains in dispute.


#Vulnerability - Expectations Of Justice Through Accounts Of Terror On Twitter, Cassandra E. Sharp Jan 2018

#Vulnerability - Expectations Of Justice Through Accounts Of Terror On Twitter, Cassandra E. Sharp

Faculty of Law, Humanities and the Arts - Papers

There is little doubt that new digital technologies have performed a dynamic function in transforming culture, both positively and negatively. In an increasingly networked world, social media platforms have not just transformed the way individuals communicate, but they have also amplified and intensified the way they interpret, critique and legitimise the achievement of law and justice within communities. Law now finds expression, facilitation and transformation in emerging digital media platforms and it is important to reflect on and explore the performance of social media in its role of challenging and transforming expectations of law and justice.


The Problem With Apu: Why We Need Better Portrayals Of People Of Colour On Television, Sukhmani Khorana Jan 2018

The Problem With Apu: Why We Need Better Portrayals Of People Of Colour On Television, Sukhmani Khorana

Faculty of Law, Humanities and the Arts - Papers

Writing Apu out of The Simpsons is a simplistic solution to the issue of diversity in media. Instead, we need to support programming created by people of colour.


How Blockchain Is Strengthening Tuna Traceability To Combat Illegal Fishing, Candice Visser, Quentin A. Hanich Jan 2018

How Blockchain Is Strengthening Tuna Traceability To Combat Illegal Fishing, Candice Visser, Quentin A. Hanich

Faculty of Law, Humanities and the Arts - Papers

In a significant development for global fisheries, blockchain technology is now being used to improve tuna traceability to help stop illegal and unsustainable fishing practices in the Pacific Islands tuna industry.


Researching New Diseases: Assumptions And Trajectories, Josephine V. Warren, Brian Martin Jan 2018

Researching New Diseases: Assumptions And Trajectories, Josephine V. Warren, Brian Martin

Faculty of Law, Humanities and the Arts - Papers

New diseases in humans and animals have been the subject of considerable research as well as policy development and popular attention. Researchers commonly proceed on the basis of plausible assumptions about mechanisms, pathways, and dangers but seldom question the assumptions themselves. Studies in the history and sociology of science show that research trajectories are conditioned by social, political, and economic arrangements. The assumptions underlying research into three new diseases-devil facial tumor disease in Tasmanian devils, AIDS in humans, and leukemia in soft-shell clams-are examined, and dominant and alternative research programs compared. In each case, most research has assumed the disease ...


Potter V. Minahan: Chinese Australians, The Law And Belonging In White Australia, Kate Bagnall Jan 2018

Potter V. Minahan: Chinese Australians, The Law And Belonging In White Australia, Kate Bagnall

Faculty of Law, Humanities and the Arts - Papers

This article tells the story of James Minahan, the Melbourne-born son of a Chinese father and a white Australian mother who was arrested as a prohibited immigrant under the Immigration Restriction Act in 1908. Minahan had been taken to China by his father as a five-year-old boy in 1882 and failed the Dictation Test on his return to Australia 26 years later. After Minahan defeated the charge in the lower courts, the Commonwealth appealed to the High Court - an appeal they lost on the grounds that, despite his years overseas, Minahan had remained a member of the Australian community. Although ...


Australian Literature’S Legacies Of Cultural Appropriation, Michael R. Griffiths Jan 2018

Australian Literature’S Legacies Of Cultural Appropriation, Michael R. Griffiths

Faculty of Law, Humanities and the Arts - Papers

Non-Indigenous Australian writers face a dilemma. On the one hand, they can risk writing about Aboriginal people and culture and getting it wrong. On the other, they can avoid writing about Aboriginal culture and characters, but by doing so, erase Aboriginality from the story they tell.


Black-Boxing The Black Flag: Anonymous Sharing Platforms And Isis Content Distribution, Teodor E. Mitew, Ahmad Shehabat Jan 2018

Black-Boxing The Black Flag: Anonymous Sharing Platforms And Isis Content Distribution, Teodor E. Mitew, Ahmad Shehabat

Faculty of Law, Humanities and the Arts - Papers

The study examines three anonymous sharing portals employed strategically by the Islamic State of Iraq and Sham (ISIS) to achieve its political ends. This study argues that anonymous sharing portals such as Sendvid.com, Justpast.it, and Dump.to have been instrumental in allowing individual jihadists to generate content, disseminate propaganda and communicate freely while routing around filtering practiced by popular social media networks. The study draws on Actor Network Theory (ANT) in examining the relationship between ISIS jihadists and the emergence of anonymous sharing portals. The study suggests that, even though used prior to the massive degrading operation across ...


Evidence-Based Campaigning, Brian Martin Jan 2018

Evidence-Based Campaigning, Brian Martin

Faculty of Law, Humanities and the Arts - Papers

Background: When promoting public health measures, such as reducing smoking, there are many different approaches, for example providing information, imposing legal restrictions, taxing products, and changing cultures. By analogy with evidence-based medicine, different approaches to campaigning for health promotion can be compared by obtaining evidence of effectiveness. However, evaluating the effectiveness of campaigning approaches is far more difficult than evaluating drugs or medical procedures, because controls are seldom possible, endpoints are difficult to specify, multiple factors influence outcomes, and the targets of campaigns are people or organizations that may resist.

Methods: Ten ideal campaigning types are proposed: positive and negative ...


Promoting Learning: What Universities Don't Do, Brian Martin Jan 2018

Promoting Learning: What Universities Don't Do, Brian Martin

Faculty of Law, Humanities and the Arts - Papers

Universities seek to promote student learning, but assessment and credentials can undermine students' intrinsic motivation to learn. Findings from research on how people learn, mindsets, expert performance and good health are seldom incorporated into the way universities organise learning experiences.


Under Mccormack, The Nationals Need To Accept They Are A Minority And Preserve Their Independence, Gregory C. Melleuish Jan 2018

Under Mccormack, The Nationals Need To Accept They Are A Minority And Preserve Their Independence, Gregory C. Melleuish

Faculty of Law, Humanities and the Arts - Papers

The demise of Barnaby Joyce as leader of the National Party is an event of considerable importance in the long-term trajectory of Australian politics.


Revealed: The Extent Of Job-Swapping Between Public Servants And Fossil Fuel Lobbyists, Adam Robert Lucas Jan 2018

Revealed: The Extent Of Job-Swapping Between Public Servants And Fossil Fuel Lobbyists, Adam Robert Lucas

Faculty of Law, Humanities and the Arts - Papers

Last month Australia slipped further down the rankings in the international corruption index. Among a wide range of factors cited by Transparency International was Australia's "inappropriate industry lobbying in large-scale projects such as mining", as well as "revolving doors and a culture of mateship".


Can The Basel And Stockholm Conventions Provide A Global Framework To Reduce The Impact Of Marine Plastic Litter?, Karen Raubenheimer, Alistair Mcilgorm Jan 2018

Can The Basel And Stockholm Conventions Provide A Global Framework To Reduce The Impact Of Marine Plastic Litter?, Karen Raubenheimer, Alistair Mcilgorm

Faculty of Law, Humanities and the Arts - Papers

The issues resulting from plastic waste in the marine environment have highlighted a general failure to control this pollutant on both land and at sea. The international community is now realising that the increasing growth in the amount of plastic pollution in the ocean is reaching a critical point. This has led to a questioning of the current international governance arrangements for marine litter. The environmental and socio-economic impacts of marine litter are a symptom of policy failures and greater action is required "upstream" by industry on land to reduce these impacts. The Stockholm and Basel Conventions are international binding ...


Coastal Climate Change And Transferable Development Rights, John Sheehan, Andrew H. Kelly, Ken Rayner, Jasper Brown Jan 2018

Coastal Climate Change And Transferable Development Rights, John Sheehan, Andrew H. Kelly, Ken Rayner, Jasper Brown

Faculty of Law, Humanities and the Arts - Papers

Coastal Australia is particularly vulnerable to increasingly frequent violent storm events coupled with anticipated rise in sea level. Consequent risks starkly underscore crucial coastal land policies and statutory planning documents. However, current questioning in the State of New South Wales (NSW) of such public instruments has uncovered a critical link between flood risk mapping and land-use planning, property values and, in particular, inundation propensity of various coastal lands. A range of coastal properties will no longer be capable of meaningful utilisation, coalescing in an impending collision between settled Australian property law and property rights. The use of transferable development rights ...


Vaccination Panic In Australia, Brian Martin Jan 2018

Vaccination Panic In Australia, Brian Martin

Faculty of Law, Humanities and the Arts - Papers

In 2009 in Australia, a citizens' campaign was launched to silence public criticism of vaccination. This campaign involved an extraordinary variety of techniques to denigrate, harass and censor public vaccine critics. It was unlike anything seen in other scientific controversies, involving everything from alleging beliefs in conspiracy theories to rewriting Wikipedia entries.


Utopia Or Dystopia: A Contested Space On Sydney's Urban Frontier, Ian Willis Jan 2018

Utopia Or Dystopia: A Contested Space On Sydney's Urban Frontier, Ian Willis

Faculty of Law, Humanities and the Arts - Papers

Australia is a settler society where the rural-urban fringe of the major cities and regional centres is a contestable stage. There are a range of actors who compete in place making processes re-shaping the cultural landscape when there is collision over the ownership of space and the dominant narrative. This paper examines the proposition that Sydney's urban growth has created a zone of conflict on the city's metropolitan frontier between cultural heritage and the interests of development. In recent years Sydney's rural-urban fringe has encroached on the village boundaries of Menangle where there has been a collision ...


Submission On The Nsw Draft Aboriginal Cultural Heritage Bill 2018, Laurie Perry, Kylie Anne Lingard Jan 2018

Submission On The Nsw Draft Aboriginal Cultural Heritage Bill 2018, Laurie Perry, Kylie Anne Lingard

Faculty of Law, Humanities and the Arts - Papers

We welcome the opportunity to provide feedback on the Draft Aboriginal Cultural Heritage Bill 2018 ('the Draft Bill'). We appreciate the move towards independent Aboriginal cultural heritage ('ACH') legislation and some of the new governance concepts, namely:

  • The establishment of an ACH Authority
  • Local mapping and strategic planning
  • State of ACH reports
  • Aboriginal ownership of ACH
  • Conservation agreements and management plans

We have examined the Draft Bill against the five reform aims identified by the NSW Office of Environment and Heritage ('OEH'):

  1. Broader recognition of ACH values
  2. Decision-making by Aboriginal people
  3. Better information management
  4. Improved protection, management and conservation of ...