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Articles 1 - 15 of 15

Full-Text Articles in Law

The Minerals Resource Rent Tax: The Australian Labor Party And The Continuity Of Change, John Passant Mar 2015

The Minerals Resource Rent Tax: The Australian Labor Party And The Continuity Of Change, John Passant

John Passant

Purpose - The purpose of this paper is to look at the recent history of proposals to tax resource rents in Australia, from Australia's Future Tax System Report (the "Henry Tax Review") through to the proposed Resource Super Profits Tax ("RSPT") and then the Minerals Resource Rent Tax ("MRRT"). The process of change from Henry to the RSPT to the MRRT can best be understood in the context of the Australian Labor Party (ALP) as a capitalist workers' party. The author argues that it is this tension in the ALP, the shift in its internal balance further towards capital and …


Globalised Cartographies Of Being: Literature, Refugees And The Australian Nation, Antonio Simoes Da Silva Jul 2013

Globalised Cartographies Of Being: Literature, Refugees And The Australian Nation, Antonio Simoes Da Silva

Tony Simoes da Silva

This chapter considers the figure of the refugee as the displaced individual through the reading of a number of Australian literary works, which explore displacement 'as an extreme case of a more general modern condition - the powerlessness of the individual caught in the grip of vast collective purposes', to borrow Ian Watt's (1959: 218) comments on World War II prisoners of war. Through a critical reading of selected works aimed both at children and adult readers, I consider the role textual representation can play in creating a different understanding of the subject positions of the mass of individuals arriving …


'Integration', Vietnamese Australian Writing, And An Unfinished Boat Story, Michael R. Jacklin Jul 2013

'Integration', Vietnamese Australian Writing, And An Unfinished Boat Story, Michael R. Jacklin

Michael Jacklin

This article contributes to the critical commentary on boat narratives through a reading of an early and little-known example of a Vietnamese Australian boat story: ‘The Whitish-Grey Dove on the Disorientated Boat’, a serialised novella which was published in Integration: The Magazine for Multicultural and Vietnamese Issues from 1994 to 1998. Focusing on this novella and the magazine in which it appeared serves two objectives: the first is to make the argument that Vietnamese Australian writing has a longer and more active history than may be commonly recognized or acknowledged and that ‘the boat’ is a significant figure in this …


Transnational Imaginaries: Reading Asian Australian Writing, Wenche Ommundsen Jun 2013

Transnational Imaginaries: Reading Asian Australian Writing, Wenche Ommundsen

Wenche Ommundsen

When did ‘Asian Australian writing’ come into existence? Answering this question is almost as difficult as deciding when people from the regions now known as Asia first arrived in Australia. We know, for example, that Chinese settlers filed petitions protesting their treatment by colonial governments as early as 1855 (Broinowski 11), and that autobiographical writing appeared in the 1920s (Shen 2001). Creative writers started publishing in the 1950s (Mena Abdullah), 60s (Chitra Fernando) and 70s (Ee Tiang Hong, Brian Castro) – and when we know more about publications in languages other than English, these dates are likely to be pushed …


Australian Approaches To International Environmental Law During The Howard Years, G. L. Rose Jun 2013

Australian Approaches To International Environmental Law During The Howard Years, G. L. Rose

Professor Gregory Rose

This paper provides an overview of major Australian developments in international environmental law during the term of the Howard government.


Analysis Of The Australian Whole Of Government Agreement Principles For Participation In Negotiations For A South Pacific Ocean Regional Fisheries Management Agreement, Quentin Hanich, William Edeson, Ben Tsamenyi Mar 2013

Analysis Of The Australian Whole Of Government Agreement Principles For Participation In Negotiations For A South Pacific Ocean Regional Fisheries Management Agreement, Quentin Hanich, William Edeson, Ben Tsamenyi

Professor Ben M Tsamenyi

No abstract provided.


Australian Oceans Policymaking, Martin Tsamenyi, Richard Kenchington Mar 2013

Australian Oceans Policymaking, Martin Tsamenyi, Richard Kenchington

Professor Ben M Tsamenyi

No abstract provided.


Public International Law: An Australian Perspective, Ben Tsamenyi, Sam Blay, Ryszard Piotrowicz Mar 2013

Public International Law: An Australian Perspective, Ben Tsamenyi, Sam Blay, Ryszard Piotrowicz

Professor Ben M Tsamenyi

No abstract provided.


The Royal Australian Navy: Meeting The Challenge In Environmental Compliance, Ben Tsamenyi, Barry Snushall Mar 2013

The Royal Australian Navy: Meeting The Challenge In Environmental Compliance, Ben Tsamenyi, Barry Snushall

Professor Ben M Tsamenyi

No abstract provided.


Alice Through The Wormhole: Reconciling Spatial And Temporal Disjunctions In The Creation Of Content In Australian Media Law, Marett Leiboff Dec 2012

Alice Through The Wormhole: Reconciling Spatial And Temporal Disjunctions In The Creation Of Content In Australian Media Law, Marett Leiboff

Marett Leiboff

Copy of powerpoint presentation to the conference.


Developments In Australian Fisheries Law: Setting The Law Of The Sea Convention Adrift?, Warwick Gullett Nov 2011

Developments In Australian Fisheries Law: Setting The Law Of The Sea Convention Adrift?, Warwick Gullett

Warwick Gullett

Significant developments have recently occurred in the ongoing campaign by the Australian Government to combat illegal foreign fishing in Australian waters, particularly against Patagonian toothfish poaching. On 22 March 2004 significant amendments to Australia’s fisheries laws were passed by the Commonwealth Parliament to improve regulatory efficiency and combat illegal foreign fishing in the Australian Fishing Zone (AFZ). In addition, on 12 March 2004 the Federal Court of Australia delivered a landmark decision in Olbers v Commonwealth of Australia (No 4) [2004] FCA 229 concerning the automatic forfeiture of foreign vessels to the Commonwealth of Australia at the time when a …


Substantive Precautionary Decision-Making: The Australian Fisheries Management Authority's 'Lawful Pursuit' Of The Precautionary Principle, Warwick Gullett, Christopher Paterson, Elizabeth Fisher Nov 2011

Substantive Precautionary Decision-Making: The Australian Fisheries Management Authority's 'Lawful Pursuit' Of The Precautionary Principle, Warwick Gullett, Christopher Paterson, Elizabeth Fisher

Warwick Gullett

In this article, the authors review recent Administrative Appeals Tribunal decisions concerning the Australian Fisheries Management Authority's exercise of discretionary powers in pursuit of its statutory objective to ensure that the exploitation of fisheries resources is conducted in a manner consistent ,vith the exercise of the precautionary principle. The most recent of a series of Tribunal decisions which have affirmed the Authority's interpretation and application of the principle as contained in the Fisheries Management Act 1991 (Cth) is discussed in detail, together with Federal Court rulings concerning the content of the Authority's statutory obligation to ensure that fisheries cxploitation maximises …


Responsibility And The Representation Of Suffering: Australian Law In Black And White, Richard Mohr Nov 2011

Responsibility And The Representation Of Suffering: Australian Law In Black And White, Richard Mohr

Richard Mohr

Abstract: This article critically analyses the concept of suffering, with particular emphasis on responsibility for and representations of suffering. Suffering is seen as a social relationship, with objective characteristics, classified by Renault as domination, deprivation and the weakening of intersubjective supports (désaffiliation). Veitch and Wolcher have inquired into legal responsibility for suffering. The author adds that suffering is also constructed subjectively, through aesthetic, political and legal representations. This theoretical model of suffering is applied to recent political and legal issues in Australia dealing with an apology for earlier policies of removing Indigenous children from their families, and a more recent …


It's Time: Petroleum Policy Change For Sustainable Development In The Australian Offshore Upstream Petroleum Sector, Tina Hunter Jan 2009

It's Time: Petroleum Policy Change For Sustainable Development In The Australian Offshore Upstream Petroleum Sector, Tina Hunter

Tina Hunter

This paper argues that Australia’s present petroleum policy does not encourage the sustainable development of State-owned offshore petroleum resources. It outlines the development of Australia's petroleum policy, highlighting the current commercial policy focus on international competitiveness, which fails to contribute to the sustainable development of the petroleum resources for present and future generations. In order to generate policy options for Australia to encourage sustainable development of its petroleum resources, this paper examines the petroleum policy framework of Norway, which is viewed as an example of best practice in the sustainable development of petroleum resources for the benefit of present and …


The Australian Sport System And Its Stakeholders: Development Of Cooperative Relationships, Kalliopi (Popi) Sotiriadou Dec 2008

The Australian Sport System And Its Stakeholders: Development Of Cooperative Relationships, Kalliopi (Popi) Sotiriadou

Popi Sotiriadou

The Australian sport system arrested its unrelenting decline in the 1970s to become a model of best practice perplexes many countries. This paper aims to give an insight into the way the system was transformed and became successful. The paper reviews the decline, and then the evolution and devolution of the system, and analyses the stakeholders involved, and the inter relationships developed to achieve success. The study is based on a document analysis examining 74 annual reports from 35 national sporting organizations over a period of four years, before and after the Sydney Olympic Games. The results of the study …