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Full-Text Articles in Law
Building Safe, Secure And Sustainable Futures In The South China Sea, Michelle Mei Ling Lim
Building Safe, Secure And Sustainable Futures In The South China Sea, Michelle Mei Ling Lim
Research Collection Yong Pung How School Of Law
This essay argues that by framing security in the South China Sea through the lens of territorial claims and power relations the bigger picture of a safe, secure and sustainable South China Sea is neglected. The essay reflects on a photograph from my childhood on the shores of the South China Sea. In the photograph, I have a little red bucket in my hands and a wide grin on my face as I prepare to build a sandcastle. In the intervention, I recall how it feels to be truly secure. By returning to the joys of childhood experienced on the …
The Rise Of China And The Antarctic Treaty System?, Nengye Liu
The Rise Of China And The Antarctic Treaty System?, Nengye Liu
Research Collection Yong Pung How School Of Law
This paper examines three dimensions of China’s rise in Antarctica: (1) history (2) activities; and (3) governance. Historically, China was missing in Antarctic affairs for long time. Over the past four decades, as a reflection of China’s rapid economic growth after the adoption of ‘Open Door' policy, Chinese activities in the Antarctic can be seen as rising, especially in science, fisheries and tourism. Nevertheless, this paper argues that rather than having a secret agenda to pursue, China is still shaping up its general Antarctic policy. China’s capacity to advance its interests within the Antarctic Treaty System is not significant either. …
The Mediation Meta-Model: The Realities Of Mediation Practice, Nadja Alexander
The Mediation Meta-Model: The Realities Of Mediation Practice, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this article, I expand on the literature and present a meta-model for thinking about mediation practice. The Mediation Meta-Model is a structure for identifying different mediation approaches and how they relate to one other. It makes no claim to universal application. Rather, it offers a conceptual road-map for an increasingly complex and sophisticated array of practices which share the name mediation. The theoretical foundations and analysis for the Meta-Model have been included in previous work (2008).It is well known in Australian mediation circles that mediation practice does not always correspond to the dominant facilitative training model—even though, on the …
Imbree V Mcneilly: A View From Singapore, Yihan Goh
Imbree V Mcneilly: A View From Singapore, Yihan Goh
Research Collection Yong Pung How School Of Law
In Imbree v. McNeilly, the High Court of Australia ruled that a learner driver is no longer to be held to the standard of a reasonable but unqualified (and inexperienced) driver in negligence claims. It is the modest aim of this case note to show that Imbree, while a decision on a narrow point, in fact hints at a larger difficulty in the ascertainment of the standard of care in individual cases. It is in this context that it will be suggested that, when the time comes for Singapore courts to consider the applicability of Imbree, this difficulty should be …
Mediating In The Shadow Of Australian Law: Structural Influences On Adr, Nadja Alexander
Mediating In The Shadow Of Australian Law: Structural Influences On Adr, Nadja Alexander
Research Collection Yong Pung How School Of Law
Mediation has grown rapidly in many Anglophone jurisdictions such as USA, Australia, Canada, New Zealand and England. The current state of mediation practice in many of these jurisdictions can be traced back to the establishment of community justice centres in the 1970s and 1980s. Mediation is practised in the private sector as well as in a wide range of court-referred programs. In many common law jurisdictions mediation is no longer a form of alternative dispute resolution, it has become primary dispute resolution.
'Treaties', 'Agreements', 'Contracts' And 'Commitments' - What's In A Name? The Legal Force And Meaning Of Different Forms Of Agreement Making, David Llewelyn, Maureen Tehan
'Treaties', 'Agreements', 'Contracts' And 'Commitments' - What's In A Name? The Legal Force And Meaning Of Different Forms Of Agreement Making, David Llewelyn, Maureen Tehan
Research Collection Yong Pung How School Of Law
The multi-dimensional nature of treaty and agreement making has assumed a central focus in the conduct of relations between Indigenous peoples and settlers in Australia and elsewhere. Whether as a means of resolving disputes, delivering government programmes, or establishing common understandings, agreement making, however defined and named, has become the key tool for engagement between Indigenous and non-Indigenous Australians. Agreements come in all shapes and sizes ranging from registered Indigenous Land Use Agreements (ILUA) to Statements of Commitment, Memorandums of Understanding and Regional Agreements. In other jurisdictions these may be called 'treaties'. This paper examines the plethora of agreements in …
Independent Review Of The Crimes (Forensic Procedures) Act 2000, Mark Findlay
Independent Review Of The Crimes (Forensic Procedures) Act 2000, Mark Findlay
Research Collection Yong Pung How School Of Law
This Report focuses on the use of forensic procedures in the criminal justice system. It arises out of the requirement under section 122 of the Crimes (Forensic Procedures) Act 2000 (the Act) that the Minister (the Attorney General) review the Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
What's Law Got To Do With It: Mapping Modern Mediation Movements In Civil And Common Law Jurisdictions, Nadja Alexander
What's Law Got To Do With It: Mapping Modern Mediation Movements In Civil And Common Law Jurisdictions, Nadja Alexander
Research Collection Yong Pung How School Of Law
Context defines mediation and has a direct impact on how it is practised. National legal contexts reveal historically embedded systemic differences that can provide insights into the reasons behind the rapid expansion of mediation in common law jurisdictions, and the comparatively hesitant development of mediation in civil law jurisdictions. In this article I consider the legal and political forces behind the modern mediation movements in Australia and Germany: two countries that represent the common law and the civil law traditions respectively.
Mediation In Practice: Common Law And Civil Law Perspectives Compared, Nadja Alexander
Mediation In Practice: Common Law And Civil Law Perspectives Compared, Nadja Alexander
Research Collection Yong Pung How School Of Law
Australian mediation practice is thriving. Effective forms of mediation are practised in court-connected schemes, in the public sector, in the community justice sector and in the private business sector. Indeed, no industry is excluded from the application of mediation. In contrast, Hoffmann-Riem laments that despite many years of discussions about ADR (alternative dispute resolution) in Germany, mediation plays a marginal role only. Further, Labes states that 'ADR mechanisms are relatively obscure methods in Germany.' The comparison between Australia and Germany is particularly interesting because it considers both a common law and a civil law tradition. This essay will discuss the …
Hunger Strikes And The State's Right To "Force Feed": Recent Australian Experience, Mark Findlay
Hunger Strikes And The State's Right To "Force Feed": Recent Australian Experience, Mark Findlay
Research Collection Yong Pung How School Of Law
Whether or not it is the nature of the protest itself which makes it unsuitable for resolution in a court-room situation, the case law relating to "hunger strikes" (and State's response) is both sparse and insignificant. Perhaps on the basis of its uniqueness alone, the case of Schneidas v. Corrective Services Commission(New South Wales) and Others should be of particular interest to jurists on both sides of the Irish border.