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Full-Text Articles in Law
Women's Participation In Union Parishads: A Quest For A Compassionate Legal Approach In Bangladesh From An International Perspective, Afroza Begum
Faculty of Law - Papers (Archive)
A woman's capacity to participate in politics is a constitutionally entrenched and fundamental right in Bangladesh, repeatedly affirmed in several pieces of legislation, the most recent being the Local Government Act, 2009. Despite the endorsement of a series of affirmative features to promote women's equality, empirical research reveals very disappointing results. This paper investigates some of the fundamental constraints that hinder women's participation in Union Parishads, the third tier of local government, with special reference to a number of serious flaws in the Act. A compassionate approach is developed for the workplace to accommodate exceptional gender-centric concerns in Union Parishads …
Uncertain Seas Ahead: Legal And Policy Approaches To Conserving Marine Biodiversity In The Face Of Changing Climate, Richard Kenchington, Robin Warner
Uncertain Seas Ahead: Legal And Policy Approaches To Conserving Marine Biodiversity In The Face Of Changing Climate, Richard Kenchington, Robin Warner
Faculty of Law - Papers (Archive)
Climate is a major factor in the habitat, food chains, competition, success and survival of species. Contemporary distributions and abundance of marine species and communities reflect adaptation to geologically recent climatic conditions and the impacts of human activities. Warming of the atmosphere and seawater has occurred in association with increasing levels of atmospheric carbon dioxide since the start of the twentieth century. Despite continuing scientific research and wider discussion of the relative roles of anthropogenic greenhouse gas increases and other influences on climate, climate change is occurring. The policy and legal issues have two core components: response to the effects …
Climate Change And The Oceans: Legal And Policy Portents For The Asia Pacific Region And Beyond, Robin Warner, Clive Schofield
Climate Change And The Oceans: Legal And Policy Portents For The Asia Pacific Region And Beyond, Robin Warner, Clive Schofield
Faculty of Law - Papers (Archive)
The oceans dominate the globe spatially, covering approximately 72 per cent of its surface area. These extensive marine spaces are critical to the global environment and human survival in numerous ways - they are vital to the global nutrient cycling, represent a key repository and supporter of biological diversity on a world scale, and playa fundamental role in driving the global atmospheric system. Moreover, the oceans continue to provide a critical source of food through/fisheries and aquaculture, are an increasingly significant source of energy resources, and underpin the global economy through sea-borne trade.
Reassembling The Legal: The Wonders Of Modern Science In Court-Related Proceedings, Richard Mohr, Francesco Contini
Reassembling The Legal: The Wonders Of Modern Science In Court-Related Proceedings, Richard Mohr, Francesco Contini
Faculty of Law - Papers (Archive)
The article analyses the ways in which technology and law disperse, channel and reassemble agency in ICT-enabled legal proceedings. It works from case studies of online civil claims in England and Italy, and the automatically issued speed camera fine process in Australia. Information and communication technologies affect legal procedures in three dimensions: legitimacy, efficacy and performativity. The law can legitimate ensembles of technological and performative procedures, but it cannot construct them by regulation. Technology is a distinct regulative regime that opens some channels of communication while closing others. Machines and software codes identify and admit participants and direct human activity. …
Talkin' 'Bout Law's Generations: Intergenerational Differences In Reading Legal Texts, Marett Leiboff
Talkin' 'Bout Law's Generations: Intergenerational Differences In Reading Legal Texts, Marett Leiboff
Faculty of Law - Papers (Archive)
This paper describes a project I am currently undertaking which seeks to find out if generational differences affect the reading of legal texts, with the potential to compromise the possibility of textual integrity in law. I am calling this concept ‘intergenerational interpretative dissonance’. Using an empirical study (which is currently on foot), the project is drawing on ‘pop culture’ generations to undertake a quiz-style survey to explore differences in knowledge, history and meanings about non-legal events in order to establish what non-legal knowledge is shared (or not) by different generations of lawyers. The survey is being used to provide background …
"Talkin' 'Bout Law's Generations: An Empirical And Jurisprudential Investigation Into The Reading Of Legal Cases By Different Generations Of Lawyers", Marett Leiboff
Faculty of Law - Papers (Archive)
The Australian TV comedy quiz show, Talkin’ ‘bout your generation, pits the knowledge of three different teams of generations against each other. Like a highlystrung game of trivial pursuit, the show’s comedy darkly exposes the speed with which knowledge, language and meaning is lost and misinterpreted across and between generations. This pilot study, Talkin’ ‘bout law’s generations takes its cue from its namesake, by discovering if legal interpretation is similarly affected. But the character of legal interpretation being explored is not uni-dimensional, and is instead exploring if (and how) social, political, historical and linguistic knowledge is deployed by its interpreters. …
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.
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.
Mapping Connections : Postcolonial, Feminist And Legal Theory, Ian Duncanson, Nan Seuffert
Mapping Connections : Postcolonial, Feminist And Legal Theory, Ian Duncanson, Nan Seuffert
Faculty of Law - Papers (Archive)
Introduction to special issue of collected papers from symposium 'Mapping Law at the Margins', Brisbane, December 2004 - covering operation of the law at the intersections of race, class and gender from colonial times to the present through the lens of postcolonial theory. This Special Issue of the Australian Feminist Law journal collects papers largely from the second Symposium 'Mapping Law at the Margins' Brisbane, December 2004, organized to make visible the operation of the law at the intersections of race, class and gender from colonial times to the present through the lenses of postcolonial theory. Practices of map drawing …
Freedom Of Navigation, Surveillance And Security: Legal Issues Surrounding The Collection Of Intelligence From Beyond The Littoral, Stuart Kaye
Faculty of Law - Papers (Archive)
Hugo Grotius, in his work Mare Liberum, asserted that the world's oceans were free and incapable of acquisition by states. His work sparked a debate in the seventeenth century as to the freedom of the seas, and whether states could exclude the vessels of other states from certain waters. Grotius' viewpoint ultimately prevailed, and is still prevalent within the law of the sea. Greater security concerns of states since 11 September 2001, have raised questions as to the current extent of the doctrine of freedom of navigation, and whether the old norm remains intact. This article will consider this issue, …
Legal Framework And Enforcement Experience Of Marine Protected Areas In Tasmania, New South Wales And Commonwealth Waters, Warwick Gullett
Legal Framework And Enforcement Experience Of Marine Protected Areas In Tasmania, New South Wales And Commonwealth Waters, Warwick Gullett
Faculty of Law - Papers (Archive)
With the exception of the Great Barrier Reef Marine Park, there have been no prosecutions for specific offences within marine protected areas (MPAs) in Australia at the federal level or in Tasmania and New South Wales. However, it cannot be assumed that compliance is responsible for this lack of prosecutions. Rather, in some cases, enforcement officers prosecute offences under more general provisions found in fisheries legislation than under provisions for specific offences created in MPAs. In other cases, there has been a long lag time between the declaration of MPAs and the adoption of comprehensive and effective legislative arrangements creating …