Law Commons^™

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 …

China's Maritime Strategic Agenda, Christopher Rahman

Faculty of Law - Papers (Archive)

Just what’s China up to at sea? To casual observers, including a burgeoning legion of journalists, commentators and bloggers, China seems set on a path to becoming a major force on the world’s oceans, developing bluewater naval power with which to protect the Chinese state’s expanding economic ties to far-flung corners of the world and project political and even strategic influence. Such observers rightly note the rapid growth in China’s international seaborne trade, its shipping and shipbuilding sectors, and its marine economy and maritime interests in general. China’s naval developments over the past decade have been widely commented on, especially …

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

Faculty of Law - Papers (Archive)

Copy of powerpoint presentation to the conference.

Regional Fisheries Management In Ocean Areas Surrounding Pacific Islands States, Quentin Hanich

Faculty of Law - Papers (Archive)

No abstract provided.

Sovereignty And Cooperation In Regional Pacific Tuna Fisheries Management: Politics, Economics, Conservation And The Vessel Day Scheme, Quentin A. Hanich, Hannah Parris, Ben M. Tsamenyi

Faculty of Law - Papers (Archive)

No abstract provided.

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

Faculty of Law - Papers (Archive)

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 …

The European Council Regulation On Illegal, Unreported And Unregulated Fishing: An International Fisheries Law Perspective, Martin Tsamenyi, Mary Ann Palma, Ben Milligan, Kwame Mfodwo

Faculty of Law - Papers (Archive)

On 29 September 2008, the Council of the European Union (EU) adopted Council Regulation (EC) No. 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fi shing. Essentially, the EU IUU Regulation establishes a framework in which access to EU markets for fi sheries products is partly conditioned by the extent to which a country, area or region of origin is demonstrably or increasingly free of IUU fi shing. Aside from the amendments to US legislation in 2007, the EU IUU Regulation is the only other domestic legislative measure adopted solely to combat IUU …

Rehabilitation Of Islamist Terrorists: Lessons From Criminology, Samuel J. Mullins

Faculty of Law - Papers (Archive)

There is continued investment and attention being paid to programs of disengagement and deradicalization (D&D) for Islamist terrorists. Whilst there is some evidence of positive effects of different programs, it is widely acknowledged that rehabilitative efforts with terrorists are in their infancy and that there is a great deal of potential for learning, development and refinement. The present article examines rehabilitation programs for Islamist militants in light of the literature on rehabilitative interventions for “ordinary” criminal offenders, which have been in development now for more than 50 years. Principles of best practice as well as challenges in the field of …

Pirates Ahoy! The Modern Pirate Menace Off The Horn Of Africa, Clive H. Schofield

Faculty of Law - Papers (Archive)

Pirates ahoy! A line from the script of a Hollywood cutlass-and-buried-treasure blockbuster? Not quite, especially as far as the waters off the Horn of Africa are concerned in recent years. Pirates have long held the status of romantic and daring figures in the popular imagination, thanks in no small part to novels such as Stevenson’s Treasure Island and the swashbuckling films of Errol Flynn and company. More recently Johnny Depp, of Pirates of the Caribbean fame, also has a lot to answer for. However, piracy presents a serious modern day menace to the mariner.

Emergency Powers And The Rule Of Law In Indonesia, Nadirsyah Hosen

Faculty of Law - Papers (Archive)

[extract] While Indonesia has had experience in dealing with the use of emergency powers for more than fifty years, it has had to face severe problems that have challenged its goals of national resilience, development and, more importantly, the absence of the rule of law. The focus of my chapter is the tensions inherent between emergency powers and the rule of law in Indonesia, particularly in the post-Suharto era.

Regional Maritime Security: Threats And Risk Assessments, Sam Bateman

Faculty of Law - Papers (Archive)

Regional maritime security: The maritime security of Southeast Asia reflects a range of enduring and dynamic factors. Enduring factors are mainly the geography of the region with its complex pattern of archipelagos, islands, bays and gulfs and narrow shipping channels; its heavy dependence on shipping for both domestic and intra-regional trade; and the importance of regional seas and their resources to the well-being of regional peoples. The dynamic factors include sovereignty disputes, the increasing levels and density of shipping traffic in the region, increased exploitation of marine resources, deteriorating fish stocks and marine habitats, growing naval budgets and higher levels …

Legal Issues Associated With The Study Of Sexual Content On The Internet In Australia, Lenore T. Lyons, Sophie Williams, Michele Ford

Faculty of Law - Papers (Archive)

Scholarly recognition of the research potentials of the Internet has resulted in a growing interest in using computer-mediated communication to study different aspects of human sexuality. Although there is a growing literature on the ethical issues associated with Internet-based research1, little attention has been given to the legal issues associated with conducting scholarly research on Internet sexual content. This lacuna stands in contrast to the growing public debate about the legal issues associated with attempts by authorities to restrict adult access to Internet content through filtering services and age-restricted access technologies. These measures appear to be focused on three issues …

Aussie Lad Or Chinese Scholar?, Kate Bagnall

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

In the winter of 1882, the parents of fiveyear- old Jimmie Minahan packed up their home in the small mining settlement of Indigo in northern Victoria and made their way south to Melbourne.

Imaginary Islands?: Options To Preserve Maritime Jurisdictional Entitlements And Provide Stable Maritime Limits In The Face Of Coastal Instability, Clive Schofield, I Made Andi Arsana

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

The inundation of a disputed island in the Bay of Bengal in March 2010 was reported as an unlooked for benefit of climate change, eliminating the object of a contentious bilateral dispute. In fact this has not proved to be the case and the incident instead highlights the vulnerability of certain low-lying coastlines and insular features to significant and rapid changes in location, whether caused by sea level rise or not. While acknowledging ongoing debates on climate change and sea level rise, the paper examines key challenges in this context, notably concerning the ambulatory nature of normal baselines and the …

Coastal State Regulation Of Navigation In Adjacent Waters - The Example Of The Torres Strait And Great Barrier Reef, Sam Bateman

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

Australia has established a compulsory pilotage regime for the Torres Strait and Inner Route of the Great Barrier Reef. The introduction of the regime for the Torres Strait was controversial. It was opposed by other countries on the grounds that compulsory pilotage in the strait was contrary to the UNCLOS regime of transit passage through straits used for international navigation. Australia has now submitted a proposal to the International Maritime Organization (IMO) to extend its mandatory ship reporting system for the Great Barrier Reef to include the southernmost part of the Great Barrier Reef Particularly Sensitive Sea Area (PSSA). These …

A Seabed Scramble: A Global Overview Of Extended Continental Shelf Submissions, Robert Van De Poll, Clive Schofield

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

Early 2009 saw a flurry of submissions of information on proposed outer continental shelf limits to the United Nations Commission on the Limits of the Continental Shelf (CLCS). It is evident that many of these submissions overlap with one another where neighbouring States are located on shared continental margins, thereby giving rise to multiple „new‟ outer continental shelf boundaries and, it would appear, potential outer continental shelf boundary disputes. The paper provides a global overview of the impact of extended continental shelf submissions. These substantial „additional‟ areas of continental shelf may contain valuable seabed resources, including hydrocarbons. However, development of …

Capitalizing A Future Unsustainable: Energy, Finance And The Fate Of Market Civilization (Video Podcast), Timothy Dimuzio

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

Debates on peak oil and other non-renewable energy resources that power modern industrial economies are becoming well known - if only in caricature.

The World’S Affluent Playground: Dubai’S Architecture Of Doom And The Future Of Globalized Social Reproduction, Timothy Dimuzio

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

During the two major oil price spikes in the 1970s, dollars earned from Middle Eastern oil were largely recycled through banks in the United States and Britain. Much of this money would go to finance a burgeoning arms trade and a number of highly dubious ‘development’ projects that eventually contributed to what was then called the ‘Third World debt crisis’. In the post-911 world, a renewed and dramatic spike in the price of oil encouraged similar activities and a similar crisis. There are, however, considerable differences worth exploring. One such difference is how the Emir of Dubai, with the knowledge …

Capitalizing A Future Unsustainable: Global Energy And The Fate Of Market Civilization, Timothy Dimuzio

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

Liberal capitalist polities are being held up as the ultimate civilizational achievement precisely at a point in time when the energy intensive built environments & rampant & senseless consumerism of these societies are threatened by ecological devastation & the coming end of cheap & abundant fuel. Throughout the twentieth century this pattern of high energy consumption social reproduction was largely shaped by the global energy industry & the industries it spawned and/or allowed to flourish. Yet due to a number of foreseeable, if not entirely predictable, future obstacles & challenges, this blueprint of development seems doomed to failure. However, despite …

Crossover Audiences In The Aftermath Of Slumdog Millionaire, Sukhmani Khorana

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

Deepa Mehta’s Water (2005) set a precedent in terms of the crossing of geographic and cinematic boundaries by a diasporic creative practitioner. Danny Boyle’s Slumdog Millionaire (released in 2008) seems to have takes the notion of the “crossover film” a step further by winning critical and popular acclaim throughout the world. It is for this reason that I will compare the critical and box office performance, as well as the publicity of the two films to better understand the crossover potential of diasporic films.

Unlike Water, Slumdog Millionaire was able to get past the “foreign language film” category (both in …

The Delimitation Of Maritime Boundaries Of The Pacific Island States, Clive H. Schofield

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

The Pacific island States possess limited land territory but enormous maritime entitlements. Claims to maritime jurisdiction out to 200 nautical miles offshore, and in some cases the existence of continental shelf rights extending beyond the 200 mile limit, have resulted in overlapping claims and the creation of numerous “new” international maritime boundaries. The majority of these potential maritime boundaries both among the Pacific island States and between the Pacific island States and their maritime neighbours have yet to be delimited. The paper outlines relevant claims to maritime jurisdiction including recent submissions regarding outer continental shelf limits, explores how maritime boundaries …

Saltwater Cowboys: Life In A Time Of Death And Destruction, Lisa Slater

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

This paper begins at the Derby (western Kimberley, WA) bull rides, where young Aboriginal men compete to be champion bull riders - with the prize of a social status akin to an AFL football star. The abundance of life performed in this arena lies in stark contrast to the too often rehearsed appalling health and social statistics, which has produced policies such as the Northern Territory National Emergency Response, Shared Responsibility Agreements and 'Close the Gap'. Too many Indigenous Australians are in a state of relentless poverty, which is responded to with shortsighted instrumentalist policies. Achille Mbembe argues that the …

"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. …

Conclusion: Do Rough Seas Lie Ahead?, Sam Bateman

Faculty of Law - Papers (Archive)

[extract] Strategic overview: China and India are the rising powers of Asia. However, elements of competition are evident in their strategic intentions, and much of this competition seems likely to be played out in the maritime domain, particularly in Southeast Asian waters. Hitherto China and India have operated in their exclusive spheres of interest - India in the Indian Ocean and China in the East Asian seas - but this will change. China is extending its operations into the Indian Ocean, and India into the East Asian seas. How this overlap of strategic interests will develop is a vital question …

Confronting Maritime Crime In Southeast Asian Waters: Reexamining "Piracy" In The Twenty-First Century, Sam Bateman

Faculty of Law - Papers (Archive)

[extract] There is nothing new about maritime crime in Southeast Asia. It has a long history, and the maritime criminals of today are mainly descendants of the marauders, pirates, and bandits of yesteryear. However, changes to the extent and nature of maritime crime have occurred over the years. The decline in fish stocks and loss of access to traditional fishing grounds, along with general economic problems, have led to unemployment and loss of income in coastal villages throughout the region. This has, in turn, forced some villagers to turn to piracy, sea robbery, and other forms of maritime crime. However, …

Opposing Surveillance, Brian Martin

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

Local critics of surveillance abuses may come under increased surveillance themselves. Exposing surveillance is crucial to challenging it. Those who oppose surveillance are said to be defending criminals, terrorists, and pedophiles. A really effective agency, one that gets in the way of poLocal critics of surveillance abuses may come under increased surveillance themselves. Exposing surveillance is crucial to challenging it. Those who oppose surveillance are said to be defending criminals, terrorists, and pedophiles. A really effective agency, one that gets in the way of powerful interests, is likely to have its funding cut. If the rich and powerful want surveillance, …

Making Sausages And Law: The Failure Of Animal Welfare Laws To Protect Both Animals And Fundamental Tenets Of Australia's Legal System, Elizabeth J. Ellis

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

Laws are like sausages. It is better not to see them being made.

The above aphorism, attributed to Bismarck, was quoted by Philip Ruddock when addressing lawyers in 2007 on the subject of law reform. Interestingly, Mr Ruddock also referred to the rule of law in the same speech. Apparently the juxtaposition of the rule of law with a preference for secret law-making did not strike the (then) federal Attorney-General as odd. Perhaps this is unsurprising: the rule of law is commonly invoked for effect and may be used for a multitude of purposes. For this, and other reasons, the …

¿Jueces Guerrilleros? La Interpretación Judicial Vista Desde La Izquierda, Luis Gomez Romero

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

Nota introductoria. Interpretación judicial y política Los jueces hacen política1. “Hasta ahora”, señala Alf Ross sobre el particular, “la política jurídica ha sido principalmente considerada como política legislativa. Pero el derecho no es creado únicamente por el legislador [...] toda administración de justicia contiene un punto de decisión que va más allá de la actividad intelectual” (Ross, 1994: 321). En otras palabras, la administración de justicia (y, consecuentemente, la interpretación judicial del derecho que es presupuesto de ésta) no es una labor meramente intelectual o cognoscitiva, sino que se caracteriza por un elemento volitivo que la vincula en forma definitiva …

Enacting Is Enough: Commentary On Dave Ward's 'The Agent In Magenta', Erik Myin, Daniel D. Hutto

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

In the action-space account of color, an emphasis is laid on implicit knowledge when it comes to experience, and explanatory ambitions are expressed. If the knowledge claims are interpreted in a strong way, the action-space account becomes a form of conservative enactivism, which is a kind of cognitivism. Only if the knowledge claims are weakly interpreted, the action space-account can be seen as a distinctive form of enactivism, but then all reductive explanatory ambitions must be abandoned.

The Crevice, Madeleine T. Kelly

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

In these works, inspired by a trip to the Kimberley, the crevice functions in a number of conceptual ways; the form of the crevice lends shape to the split, and the dialectic of the split—a term that implies rupture and limitation—is expressed initially through this form. The vertical natural walls of a crevice correspond to built walls; as a site conflating the ‘natural’ and the ‘cultural’, they suggest the cultural structures that enclose us and dictate our paths (such as money and finite resources).

Since landscape is the locus upon which we form our collective memory—both the expression of our …