Law Commons^™

Building Future Sustainability And Democratic Practices: The Role Of Adult Education In Post-Conflict Communities , Georgia Lysaght, Peter Kell

Faculty of Law - Papers (Archive)

This paper documents and analyses a range of literature and policy statements that identifies issues and looks at the role which adult education plays in building communities and peace in post-conflict states. This paper explores and documents these developments in countries in close proximity to Australia which have been viewed by the former Australian government as constituting an 'arc of instability'. This is a term which will be critically discussed in the paper for the way in which it positions the nations of the Pacific and Australia's foreign policy as well as its aid and development policy. This paper reviews …

Graduate Capabilities Assessment Rubric For Self-Management Standards In The Bachelor Of Laws, Judith May Marychurch, John P. Littrich, Margaret C. Wallace

Faculty of Law - Papers (Archive)

Threshold Learning Outcome 6: Self-management in the Bachelor of Laws states that the graduate of a Bachelor of Laws is able to (a) Learn and work independently, and (b) Reflect on and assess their own capabilities and performance, and make use of feedback as appropriate, to support personal and professional development. This rubric, commissioned as part of the Assuring Graduate Capabilities ALTC Project, will assist course coordinators in implementing TLO 6 and demonstrating evidence that their graduates meet the (ALTC Learning and Teaching Academic Standards (LTAS) Project) Threshold Learning Outcome 6: Self-Management

Graduate Capabilities Assessment Rubric For The Bachelor Of Laws: Problem Solving, John P. Littrich, Judith May Marychurch, Margaret C. Wallace

Faculty of Law - Papers (Archive)

Problem solving is the process of designing, evaluating and implementing a strategy to answer an open-ended question or achieve a desired goal. This Graduate Capabilities Assessment rubric, commissioned as part of the Assuring Graduate Capabilities ALTC Project, will assist course coordinators in implementing standards for problem solving skills for graduates of the Bachelor of Laws and in demonstrating evidence of their graduates achi8evement of these standards.

Australian Jihad: Radicalisation And Counter-Terrorism, Samuel J. Mullins

Faculty of Law - Papers (Archive)

This ARI summarises the findings from an-depth empirical study of all publicly-confirmed cases of Islamist terrorism involving Australians. The domestic situation of Australian Muslims is briefly described, followed by an overview of Islamist terrorism cases to date, including the number and location of cases and the level of threat they have presented, both domestically and internationally. The background characteristics of offenders and details of radicalisation are discussed, followed by an examination of the national counter-terrorism (CT) strategy, with a focus upon counter-radicalisation initiatives. Current CT tactics appear to be appropriate to the nature of the threat; however, it will be …

From Microbes To People: Tractable Benefits Of No-Take Areas For Coral Reefs, Nicholas A.J Graham, Tracy D. Ainsworth, Andrew H. Baird, Natalie C. Ban, Line K. Bay, Joshua E. Cinner, Debora M. De Freitas, Guillermo Dia-Pulido, Maria Dornelas, Simon R. Dunn, Pedro I.J Fidelman, Sylvain Foret, Tatjana C. Good, Johnathan Kool, Jennie Mallela, Lucie Penin, Morgan S. Pratchett, David H. Williamson

Faculty of Law - Papers (Archive)

The number of no-take marine protected areas (here referred to as no-take areas, NTAs) on coral reefs has increased considerably in recent decades. Coincident with accelerating degradation of coral reefs, expectations of the benefits that NTAs can provide for coastal societies and sustainability of marine ecosystems has grown. These include increasing abundance of reef organisms both inside and outside NTAs, protecting key ecosystem functions, and providing social and economic benefits through improved fisheries and tourism. However, there is a lack of convincing evidence for many of these expectations. This is the first attempt to synthesize all potential costs and benefits …

Re-Framing The Rape Trial: Insights From Critical Theory About The Limitaitons Of Legislative Reform, Julia A. Quilter

Faculty of Law - Papers (Archive)

Through a close reading of a rape trial, this article discusses the seemingly intractable problem of the disconnect between rape law reform and the resilience of outdated common law practices being used in the courtroom. It is argued that certain requirements (the location of the event; a focus on resistance and the presence of injuries; recent complaint; and the underlying assumption of the untrustworthiness of the complainant) form a ‘rape schema’ which operate to distinguish the ‘true’ from the ‘false’ complaint of rape. Finally, this article turns to the insights of critical theory to think about how concepts of ‘readability’, …

Balancing The Tensions Between Shipping And Marine Environmental Protection In The Straits Of Malacca And Singapore: Have The Straits Reached An Environmental Tipping Point?, Mohd Mohd Rusli

Faculty of Law - Papers (Archive)

Having reputations as two of the world's most critical straits for international shipping activities, the problem of vessel-source pollution has always been endemic in the Straits of Malacca and Singapore. With the projected steady increase of navigational traffic through the Straits of Malacca and Singapore each year, this situation would eventually create more intricate situations for the littoral States of the Straits, namely Malaysia, Indonesia and Singapore especially in maintaining the marine environment of the Straits from vessel-source pollution. Therefore, this article ventures into possible shipping control mechanisms available to the littoral States, namely measures provided by the IMO and …

Islamist Terrorism And Australia: An Empirical Examination Of The "Home-Grown" Threat, Sam Mullins

Faculty of Law - Papers (Archive)

Australian interests have been considered viable targets for Islamist terrorists since at least 2001, and Australians have suffered from attacks in Bali in 2002 and 2005, and Jakarta in 2004 and 2009. Moreover, Australian citizens have been involved in militant Islamist networks since the late 1980s, and similar to other Western countries in recent years there have been examples of ‘‘home-grown’’ plots to carry out domestic terrorist attacks. This article seeks to clarify the nature of the contemporary security threat within Australia by analysing the involvement of Australian citizens and residents in Islamist terrorism, both at home and abroad. The …

The Three Phases Of Local Government State Of Environment Reports In Nsw Australia: Complexity, Intricacy And Creativity, Andrew H. Kelly

Faculty of Law - Papers (Archive)

This paper explores the three phases of State of Environment Reports (SoERs) prepared by local councils in NSW since the introduction of the Local Government Act 1993 (NSW), which heralded significant change to local government's powers, functions and requirements. NSW is the only Australian jurisdiction where local SoERs are required. The first phase was responsive to environmental concerns but provided considerable confusion. The second was more ambitious and complex. The current phase provides considerable flexibility. This article leads to questions such as whether the SoER should be enveloped into the new 'Community Strategic Plan' or stand alone as a separate …

Designing Criteria Suites To Identify Discrete And Networked Sites Of High Value Across Manifestations Of Biodiversity, Robin M. Warner, E Gilman, K D Hyrenbach, D Dunn, A Read

Faculty of Law - Papers (Archive)

Suites of criteria specifying ecological, biological, social, economic, and governance properties enable the systematic identification of sites and networks of high biodiversity value, and can support balancing ecological and socioeconomic objectives of biodiversity conservation in terrestrial and marine spatial planning. We describe designs of suites of ecological, governance and socioeconomic criteria to comprehensively cover manifestations of biodiversity, from genotypes to biomes; compensate for taxonomic and spatial gaps in available datasets; balance biases resulting from conventionally-employed narrow criteria suites focusing on rare, endemic and threatened species; plan for climate change effects on biodiversity; and optimize the ecological and administrative networking of …

Decent Work, Older Workers And Vulnerability In The Economic Recession: A Comparative Study Of Australia, The United Kingdom, And The United States, Susan Bisom-Rapp, Andrew D. Frazer, Malcolm Sargeant

Faculty of Law - Papers (Archive)

In countries with aging populations, the global recession presents unique challenges for older workers, and compels an assessment of how they are faring. To this end, the International Labour Organization's concept of decent work provides a useful metric or yardstick. Decent work, a multifaceted conception, assists in revealing the interdependence of measures needed to secure human dignity across the course of working lives. With this in mind, in three English-speaking, common law countries - Australia, the United Kingdom, and the United States - this article considers several decent work principles applicable to older workers and provides evaluations in light of …

New Challenges For Maritime Security In The Indian Ocean - An Australian Perspective, Sam Bateman, Anthony Bergin

Faculty of Law - Papers (Archive)

The Indian Ocean region is growing in strategic importance. It is facing the risks of growing strategic competition, particularly between China and India. However, the region tends to be neglected by Australia despite extensive interests in the region and the possibility of threats to Australia’s security emerging from the region, including the risks of intrastate conflict, terrorism, smuggling in all its forms, and illegal fishing. Climate change, sea-level rise and natural disasters are other non-traditional security threats evident in the region. The northwest of Australia is particularly exposed to these challenges to maritime security and requires more attention in Australia’s …

The Development Of Local Government In Australia, Focusing On Nsw: From Road Builder To Planning Agency To Servant Of The State Government And Developmentalism, Andrew H. Kelly

Faculty of Law - Papers (Archive)

This paper follows the legal and functional advancement of local government in NSW, Australia by examining three historical stages. It commences with its nineteenth century vestiges, moving on to compulsory incorporation and the gradual changes to modern but diverse individual councils. Issues include financial scarcity, the traditional property-based stranglehold and the burgeoning sheer power of the State Government in the planning sector.

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. …

Australia's Maritime Economic Interests, Andrew Forbes

Faculty of Law - Papers (Archive)

Over the past two decades there has been an increasing lament from Western navies that their countries suffer from ‘sea blindness’. What is meant is that there is an apparent lack of public understanding and appreciation of the importance of the oceans for national prosperity. The concern is that if the importance of the oceans is not understood, then the importance of the multifaceted roles of navies in providing protection will not be understood. Whether or not sea blindness exists, maritime economic interests represented by the oceans are important and are discussed below.

Straits Of Malacca And Singapore: Ensuring Safe Navigation, Mohd Mohd Rusli

Faculty of Law - Papers (Archive)

The Straits of Malacca and Singapore are two of the world's most congested straits used for international shipping. There are existing hazards impeding safe navigation through the Straits. What would be the impact of a proposed bridge linking Sumatra and Malaysia?

Insights Into Gender, 'Rurality' And The Legal Practice Experience, Patricia Mundy

Faculty of Law - Papers (Archive)

There has been a sustained focus over the past two decades on the status and position of women lawyers in the Australian legal profession. However, limited attention has been given to the particular experiences and retention of women lawyers in rural, regional and remote (RRR) legal practice. Feminist scholarship has highlighted the gendered way in which rural social space shapes understanding of identity and experience, suggesting the need to explore the ways in which the ‘othering’ of women in ‘rural’ space might bear on their legal practice experience. This article seeks to explore the intersection of gender and rurality in …

'The Main Thing Is To Shut Them Out' The Deployment Of Law And The Arrival Of Russians In Australia 1913 -1925: An Histoire, Marett Leiboff

Faculty of Law - Papers (Archive)

On Tuesday 10 August 1915, a 25 year old Russian named Neplen Matanakes was allowed to disembark from the SS Empire in Brisbane, the capital city of the state of Queensland in the recently federated Australia. A year into World War I, Neplen’s journey had started a few weeks earlier in the Chinese Russian city of Harbin. Like other Russians before him, Neplen made his way to the Japanese seaport of Dairen (or Dalny), also located on the Chinese mainland. He then joined the SS Empire at Kobe, Japan, on one of its regular round trips to Australia and, after …

Conducting Field Research On Terrorism: A Brief Primer, Adam Dolnik

Faculty of Law - Papers (Archive)

This article focuses on the practical aspects of field research on terrorism. Firstly, it outlines some issues involved in the process of attaining a human research ethics/institutional review board clearance in order to be able to even begin the field research. It suggests some ways in which researchers can positively influence this review process in their favor. Secondly, the article focuses on the real and perceived dangers of field research, identifying practical steps and preparatory activities that can help researchers manage and reduce the risks involved. The article also covers the formalities and dilemmas involved in gaining access to the …

Privacy Implications For Information And Communications Technology (Ict): The Case Of The Jordanian E-Government, Akram Almatarneh

Faculty of Law - Papers (Archive)

Information and Communications Technology (ICT) is one of the fastest growing sectors in Jordan. The importance of ICT cannot be ignored as it affects all aspects of Jordanian society including telecommunications, education, banking, commerce and employment. However, the issue of individual privacy in this sector is a particular challenge as individuals are disclosing large amounts of personal information than ever at a time when there are no specific privacy laws or regulations. This paper identifies this privacy challenge by providing a case study on the electronic government (e-government initiative) in Jordan. The findings of this study are surprising. Despite that …

Australian Maritime Defence Council, Andrew Forbes

Faculty of Law - Papers (Archive)

Navies have had a long relationship with their respective maritime industries and the Royal Australian Navy (RAN) is no exception. Naval capability cannot be built, maintained and supported without a strong industrial sector. This is well known, but there are other aspects to the RAN relationship with the maritime industry that are less well known, and this Semaphore examines the relationship with the shipping and port associations through what is now called the Australian Maritime Defence Council (AMDC). While its discussions are not classified, they are occasionally sensitive, so what follows focuses on administrative issues before providing a general outline …

Imf Standby Arrangement: Its Role In The Resolution Of Crises In The 1990s., Gabriel Garcia

Faculty of Law - Papers (Archive)

This paper explores the role played by Stand-By Arrangements (SBAs) in the resolution of financial crises in the 1990s. It does so by examining these arrangements through a ceremony and ritual approach.

This presentation is divided in three parts. The first one reviews the legal nature of SBA as a form of international law. The second analyses SBAs using a ceremony and ritual approach; and the last part review the case of Venezuela.

Zoning, A Fundamental Cornerstone Of Effective Marine Spatial Planning: Lessons Learnt From The Great Barrier Reef, Australia, Richard Kenchington, Jonathan Day

Faculty of Law - Papers (Archive)

The Great Barrier Reef Marine Park was established to provide for conservation and ecologically sustainable multiple use of 344,400 km2 of a large marine ecosystem. Management is based on multiple use, with zoning as a fundamental component of marine spatial planning. The legislative framework, including a specific Act and Regulations, address the objectives of ecosystembased, integrated management of human uses and impacts consistent with best contemporary understanding of biological diversity. Zoning is one of a suite of management tools that include other spatial and temporal management tools and non-spatial measures including public education, community engagement, codes of environmental best practice, …