Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Security (4)
- Australia (3)
- Australian (3)
- Bangladesh (3)
- For (3)
-
- Terrorism (3)
- Disclosure (2)
- Freedom (2)
- Intellectual (2)
- Intelligence (2)
- International law (2)
- Investor (2)
- Legal (2)
- Maritime (2)
- Market (2)
- Navigation (2)
- Protection (2)
- Surveillance (2)
- 1954 (1)
- ASEAN (1)
- ASIO (1)
- About (1)
- Academic (1)
- Admiral (1)
- Adoption (1)
- Agency (1)
- Allied (1)
- Appraisal (1)
- Are (1)
- Areas (1)
Articles 1 - 30 of 41
Full-Text Articles in Law
Blending Educational Tools And Strategies: Integrating Online Learning In Practical Legal Training Programs., J. Pastellas, K. F. Maxwell
Blending Educational Tools And Strategies: Integrating Online Learning In Practical Legal Training Programs., J. Pastellas, K. F. Maxwell
Faculty of Law - Papers (Archive)
Over the past decade, there has been an increasing use of on-line learning tools and strategies in pre-admission practical legal training (PLT) programs. Where once on-line learning may have been regarded as experimental novelty in these programs, it has now become an indispensable adjunct to traditional methods of practical instruction. Although the rapid development and implementation of on-line learning may present difficulties when adopted indiscriminately, it also presents opportunities to develop thoughtful learning environments which use a range of learning techniques that appeal to a range of students and meet a variety of learning needs. This paper will explore the …
Environmental Justice In Australia: When The Rats Became Irate, E. Arcioni, Glenn Mitchell
Environmental Justice In Australia: When The Rats Became Irate, E. Arcioni, Glenn Mitchell
Faculty of Law - Papers (Archive)
Environmental justice is a concept used in the United States to describe and analyse environmental politics. That concept also has application outside the country of its origin. In Australia the case study of a dispute between residents, industry and government in the town of Port Kembla provides an example of how environmental justice can be given specific meaning in a local context. Observations of the ‘politics’ of an environmental dispute are made.
The United Nations As A Source Of International Legal Authority, G. L. Rose
The United Nations As A Source Of International Legal Authority, G. L. Rose
Faculty of Law - Papers (Archive)
What are the connections between the United Nations and The Samuel Griffith Society? One is that Australian constitutional lawyers are now examining the relationship between international law and constitutional law. Justice Kirby of the High Court of Australia first argued for the relevance of international law in construing the federal constitutional requirement of "just terms" in compensation for compulsorily acquired property (s. 51(xxxi)). In Newcrest Mining v. Commonwealth in 1997, he stated that in cases of ambiguity in the federal Constitution, "international law is a legitimate and important influence on the development of the common law and constitutional law, especially …
Some Conditions For Culturally Diverse Deliberation, Richard Mohr
Some Conditions For Culturally Diverse Deliberation, Richard Mohr
Faculty of Law - Papers (Archive)
This is an inquiry into the ways in which reasoning attaches to cultural context. It considers whether to seek grounds for decision-making in some common ground or in a recognition of diversity. The essay considers feminist criticisms of Habermas's discourse ethics and Benhabib's efforts to revise such an approach in response to cultural diversity. While the conditions for communication across cultures may be readily met with good will and good procedures, the conditions for reaching binding or consensual decisions are more challenging. The essay rejects the possibility of universal standards for reasoned decisions on three grounds. Reasons conforming to the …
Towards An Asean Counter-Terrorism Treaty, G. L. Rose, D. Nestorovska
Towards An Asean Counter-Terrorism Treaty, G. L. Rose, D. Nestorovska
Faculty of Law - Papers (Archive)
The benefits for Association of Southeast Asian Nations (ASEAN) members of a regional treaty to combat terrorism include improved coordination in mutual legal assistance and harmonisation of best practice legal approaches. The conceptual framework for a common definition of terrorism is set out in this paper. Precedent regional and multilateral treaties are analysed into legal formulae and their components, such as obligations to indict or to extradite, to provide mutual legal assistance, and to build regional implementation capacity, are assessed as potential models for inclusion in an ASEAN regional treaty. The paper concludes by considering ASEAN progress in adopting cooperative …
Developments In Free Speech Law In Australia: Coleman And Mulholland, E. Arcioni
Developments In Free Speech Law In Australia: Coleman And Mulholland, E. Arcioni
Faculty of Law - Papers (Archive)
This article provides an overview of the developments in 2004 regarding the constitutional freedom of political communication. This will be done through a discussion of the cases of Coleman v Power and Mulholland v Australian Electoral Commission. These two cases have confirmed the validity of the general propositions in Lange v Australian Broadcasting Corporation, regarding the existence of a freedom of political communication implied from the Australian Constitution, and provide the basis for some observations with respect to that implication. In this article an overview is given of the basic principles in Lange, followed by a detailed discussion of relevant …
Negotiating The Contours Of Unlawful Hate Speech: Regulation Under Provincial Human Rights Laws In Canada, Luke Mcnamara
Negotiating The Contours Of Unlawful Hate Speech: Regulation Under Provincial Human Rights Laws In Canada, Luke Mcnamara
Faculty of Law - Papers (Archive)
This article has examined more than half a century of operation of provincial and territorial hate speech laws in Canada. This examination has confirmed that free speech sensitivity has long been an integral and enduring feature of the administration and interpretation of legislative regimes for the regulation of hate speech—a finding that should come as a shock to no-one. What is surprising is the way in which free speech sensitivity has impacted on the operation of hate speech laws, and the effects of that influence on the quality of the protection provided to victims by existing provincial and territorial laws.... …
Smooth Sailing For Australia's Automatic Forfeiture Of Foreign Fishing Vessels, Warwick Gullett
Smooth Sailing For Australia's Automatic Forfeiture Of Foreign Fishing Vessels, Warwick Gullett
Faculty of Law - Papers (Archive)
The High Court of Australia has brought to a close one chapter of the various legal proceedings arising out of Australia’s arrest of the Russian fishing vessel Volga in 2002. The vessel was arrested on the high seas immediately adjacent to Australia’s Exclusive Economic Zone (EEZ) surrounding the Heard and McDonald Islands in the Southern Ocean. It was suspected (and later found as a matter of fact) to have been engaged in unlawful fishing for the prized Patagonian Toothfish within Australia’s EEZ two to three weeks prior to its detection and seizure by Australian authorities. The circumstances of the seizure …
Traditional Knowledge And Intellectual Property Rights In Australia And Southeast Asia, Christoph Antons
Traditional Knowledge And Intellectual Property Rights In Australia And Southeast Asia, Christoph Antons
Faculty of Law - Papers (Archive)
This paper will present a short survey of various approaches to traditional knowledge and folklore protection in Australia and Southeast Asia. It seems that both the terminology used in the debate about traditional knowledge and folklore and the legal solutions envisaged are very diverse. Over the last decade there has been an explosion of international declarations and organisations advocating internationally harmonised notions of rights to culture, often on behalf of indigenous minorities or other local communities. This often leads to what Cowan, Dembour and Wilson2 have called “strategic essentialism”. The term refers to the attempts by activists from or working …
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, …
The Paradoxical Success Of Unclos Part Xv: A Half-Hearted Reply To Rosemary Rayfuse, Andrew Serdy
The Paradoxical Success Of Unclos Part Xv: A Half-Hearted Reply To Rosemary Rayfuse, Andrew Serdy
Faculty of Law - Papers (Archive)
This contribution will depart less from Rosemary Rayfuses conclusions than might have been predicted by anyone present at the September 2004 symposium, since the authors brief on that occasion was to exaggerate his differences with her for theatrical effect.
The Historical Lessons And Intellectual Rigour Of Admiral Sir Herbert William Richmond, Bruce Mclennan
The Historical Lessons And Intellectual Rigour Of Admiral Sir Herbert William Richmond, Bruce Mclennan
Faculty of Law - Papers (Archive)
Admiral Sir Herbert William Richmond (1871-1946) is remembered as a naval officer, an historian, and an intellectual. He was nurtured during an era when the Royal Navy was assimilating the advent of ‘mechanisation’, and forming its doctrine in the artificial conditions of peace. This was the Dreadnought era: the era of the ‘materialist’ school of strategic thought when the Royal Navy was driven by the arguments of the technical rationalists, to the neglect of the historical strategists. Richmond led the intellectual counter— the ‘historical’ school of strategic thought— and while never producing an overall theory of naval strategy, he did …
South Pacific Security And The Emerging Doctrine Of 'Co-Operative Intervention': The Pacific Way Or Howard's Way, Gregor H. Allan
South Pacific Security And The Emerging Doctrine Of 'Co-Operative Intervention': The Pacific Way Or Howard's Way, Gregor H. Allan
Faculty of Law - Papers (Archive)
The end of the Cold war catalysed considerable recalibration in the world's security architecture. In Australia, whilst this entailed a closer embrace of Asia, the South Pacific did not initially engage Australian security interests. However, post 11 September 2001 and post the terrorist attacks in Bali of October 2002, much has changed. The notion of 'comprehensive security'—in which Pacific security is seen as a function of a wide variety of social, political and strategic phenomena—has assumed such prominence it has ushered in an expanded justification for one state to intervene in the affairs of another. Although, as in the case …
Capacity Building For Maritime Security Cooperation: What Are We Talking About?, Sam Bateman
Capacity Building For Maritime Security Cooperation: What Are We Talking About?, Sam Bateman
Faculty of Law - Papers (Archive)
This paper discusses the notions of "maritime security" and "capacity building" in the context of capacity building for maritime security cooperation in the Asia-Pacific. What constitutes capacity for providing maritime security at the national, sub-regional and regional levels? What capabilities does a country require to ensure its security against maritime threats, including the threat of maritime terrorism and the risk that its maritime transportation system may be used for terrorist purposes? How do all these capabilities fit together to provide security against both conventional and non-conventional threats? Can we put capabilities for conventional (or traditional) security threats into one box …
Re-Shaping Australian Intelligence, Sandy Gordon
Re-Shaping Australian Intelligence, Sandy Gordon
Faculty of Law - Papers (Archive)
security challenges and the information and communications technology (ICT) revolution have radically altered the environment in which Australian intelligence operates. Despite some changes at the margin, Australias intelligence community is still primarily configured to meet the kinds of challenges it dealt with in the Cold War.
The Extreme Makeover Effect Of Law School: Students Being Transformed By Stories, Cassandra E. Sharp
The Extreme Makeover Effect Of Law School: Students Being Transformed By Stories, Cassandra E. Sharp
Faculty of Law - Papers (Archive)
The relationship between law and popular culture has caused great interest among scholars over the years. It is a field that invites the merging of disciplinary boundaries and allows for plurality in the ways that law can be viewed. This paper seeks to view this relationship from the vantage point of the first year law student and to explore the representation and transformation of meaning about law and lawyering within the social and academic context of law school. Situated within the expanding scholarship on law and popular culture, this paper examines how the image of the lawyer is constructed and …
Adoption Of The Disclosure-Based Regulation For Investor Protection In The Primary Share Market In Bangladesh: Putting The Cart Before The Horse?, S M. Solaiman
Faculty of Law - Papers (Archive)
The Bangladesh securities market, despite ifs operation of half of a century, remains in embryonic form. The market has been suffering from a chronic lack of investor confidence since 1997 following an unprecedented share scam. Ever since, the government has been striving in vain to promote investment by progressively offering incentives to investors and corporations. The government watchdog unexpectedly introduced the Disclosure-Based Regulation (DBR) in January 1999 to protect investors from the misfeasance of other players in the market for Initial Public Offerings. Recent studies have identified some problems in the market, which are unfavourable for the new regime. In …
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 …
Boomerangs Of Academic Freedom, Brian Martin
Boomerangs Of Academic Freedom, Brian Martin
Faculty of Law, Humanities and the Arts - Papers (Archive)
The Ted Steele case is an important episode in the defense of academic freedom in Australia. In addition, it offers a wealth of evidence on how a dismissal, perceived as an attack on academic freedom and free speech, can boomerang on the administration. Yet the matter is more complex than a simple boomerang: the actions of dissidents and unions can also boomerang. In this paper, I examine academic boomerang dynamics through a close analysis of the Steele case.
Colonialism Brought Home: On The Colonialization Of The Metropolitan Space, Lorenzo Veracini
Colonialism Brought Home: On The Colonialization Of The Metropolitan Space, Lorenzo Veracini
Faculty of Law, Humanities and the Arts - Papers (Archive)
Departing from an appraisal of the topical relevance of what Canadian based geographer Derek Gregory has perceptively called 'the colonial present', this article presents a number of departures for an investigation of the ways in which the codes of a colonial conditions have infiltrated the metropolitan west (Gregory 2004). This article suggests a number of possible starting points for further discussion and focuses on an analysis of the long term process of transfer of colonial forms from colony to core and on an appraisal of migrations and their governance as one privileged site for the production and reproduction of coloniality.
The Allied Occupation Of Japan - An Australian View, Christine De Matos
The Allied Occupation Of Japan - An Australian View, Christine De Matos
Faculty of Law, Humanities and the Arts - Papers (Archive)
The Japanese Occupation is generally remembered as primarily an American affair and as a dichotomous relationship between Japan and the United States. However, it was an Allied Occupation, and, despite the persistence of selective historical memories, there was a distinct and at times contentious Allied presence, contribution, and experience. The Occupation provided a terrain on which the victor nations, believing their social, economic and political values vindicated by victory, competed to reshape the character of Japan's modernity. One Ally that participated in this process, and often acted as a dissenting voice, was Australia. Examining the involvement of additional participants in …
Terrorism And National Security Intelligence Laws: Assessing Australian Reforms, G. L. Rose, D. Nestorovska
Terrorism And National Security Intelligence Laws: Assessing Australian Reforms, G. L. Rose, D. Nestorovska
Faculty of Law - Papers (Archive)
The Australian legal definition of terrorism and a brief history of terrorism in Australia set the context for national security intelligence laws. Recent national reforms are surveyed and critically examined here. It is concluded that they do not duplicate other powers and are subject to respectable, although not impeccable, safeguards. Some provisions need to be clarified to delimit their scope and others could be hampered in operation by the uncertainty of constitutionally implied limits.
Enduring Signs And Obscure Meanings: Contested Coats Of Arms In Australian Jurisdictions, Richard Mohr
Enduring Signs And Obscure Meanings: Contested Coats Of Arms In Australian Jurisdictions, Richard Mohr
Faculty of Law - Papers (Archive)
In the Australian state of New South Wales judges have sat under the coat of arms of the British monarchy since the nineteenth century (figure 1). Having been accustomed to seeing this symbol over the course of many years doing research in New South Wales courtrooms I was surprised to notice, during some research into the physical form of courts in 2000, that a different coat of arms had appeared above the bench in a new court building. This was the State arms of New South Wales. This change had been officially introduced into new courtrooms by an executive decision …
Prospective Guidelines For Navigation And Overflight In The Exclusive Economic Zone, Sam Bateman
Prospective Guidelines For Navigation And Overflight In The Exclusive Economic Zone, Sam Bateman
Faculty of Law - Papers (Archive)
This paper explains the extreme economic zone from the point of view of international transportation. navigation guidelines and overflight measures are also explained. The issues involved have become particularly contentious in the Asia-Pacific region where there has been a series of incidents and disputes that might have spiralled out of control into open conflict.
Cooperative Mechanisms And Maritime Security In Areas Of Overlapping Claims To Maritime Jurisdiction, Clive Schofield
Cooperative Mechanisms And Maritime Security In Areas Of Overlapping Claims To Maritime Jurisdiction, Clive Schofield
Faculty of Law - Papers (Archive)
This chapter outlines progress in the delimitation of maritime boundaries and some of the problems relating to overlapping claims to maritime jurisdiction. It is contended that the incomplete nature of the maritime political map of the world is problematic, in particular because lack of delimitation inevitably equates to jurisdictional uncertainty and this is highly likely to be detrimental to maritime security. Alternatives to maritime boundary delimitation - cooperative mechanisms in areas of overlapping jurisdiction - are then addressed, including their emerging applicability to maritime security issues as well as the Southeast Asian experience.
Securities Market In Bangladesh: A Critical Appraisal Of Its Growth Since Its Inception In 1954, Sheikh M. Solaiman
Securities Market In Bangladesh: A Critical Appraisal Of Its Growth Since Its Inception In 1954, Sheikh M. Solaiman
Faculty of Law - Papers (Archive)
Bangladesh securities market came into being in 1954. Despite its operation of half of a century, its growth is unimpressive. The market remains in its infancy because of multifarious weaknesses affecting its operation. Legal and regulatory weaknesses are considered to have hindered the market most from growing to a reasonable extent. The securities regulator introduced unrealistic reforms one after another over the last decade. The lack of appropriate legal reforms has sometimes created regulatory fragility and in turn facilitated corporate culpability. Nothing significant has been done so far to provide protection to investors. The regulator in January 1999 imported the …
Investor Protection And Judicial Enforcement Of Disclosure Regime In Bangladesh: A Critique, Sheikh M. Solaiman
Investor Protection And Judicial Enforcement Of Disclosure Regime In Bangladesh: A Critique, Sheikh M. Solaiman
Faculty of Law - Papers (Archive)
The effectiveness of any law largely depends on the clarity of legal provisions and the activity of their enforcement institutions. Securities law, which is inherently complex, must be unambiguous to be properly applied. Judges and lawyers dealing with securities litigation need to be trained properly to provide justice for the public. Laws governing initial public offerings in Bangladesh are ambiguous in many respects, and the judiciary lacks judges and lawyers sufficiently experienced in this area of law. As a result, judicial enforcement of disclosure requirements in prospectuses appears to have been a difficult task. The administrative enforcement of those requirements …
Electronic Surveillance Post 9/11, Chun-Lung Tai
Electronic Surveillance Post 9/11, Chun-Lung Tai
Faculty of Law - Papers (Archive)
This paper examines the legal and practical issues surrounding electronic surveillance systems implemented since the September 11th 2001 terrorist attacks in three countries: the United States of America, Singapore and Australia. The paper determines their effectiveness on border security, particularly at airports. Notably, the response of each country has been influenced by its cultural structure. Central to advanced security technologies is the field of biometrics.
Knowing What? Radical Versus Conservative Enactivism, Daniel D. Hutto
Knowing What? Radical Versus Conservative Enactivism, Daniel D. Hutto
Faculty of Law, Humanities and the Arts - Papers (Archive)
The binary divide between traditional cognitivist and enactivist paradigms is tied to their respective commitments to understanding cognition as based on knowing that as opposed to knowing how. Using O’Regan’s and Noe’s landmark sensorimotor contingency theory of perceptual experience as a foil, I demonstrate how easy it is to fall into conservative thinking. Although their account is advertised as decidedly ‘skill-based’, on close inspection it shows itself to be riddled with suppositions threatening to reduce it to a rules-and-representations approach. To remain properly enactivist it must be purged of such commitments and indeed all commitment to mediating knowledge: it must …
Wittgenstein's Poker: The Story Of A Ten-Minute Argument Between Two Great Philosophers, Daniel D. Hutto
Wittgenstein's Poker: The Story Of A Ten-Minute Argument Between Two Great Philosophers, Daniel D. Hutto
Faculty of Law, Humanities and the Arts - Papers (Archive)
Did Wittgenstein violently threaten Karl Popper with a poker on the cold evening of 25 October 1946 at a meeting of Moral Sciences Club in Cambridge? Responding to this question is the wonderful pretext that the authors use to introduce the rich world and characters of mid-twenteith century philosophy. They grab their readers' imaginations by latching onto this concrete, legendary, event - the alleged aggressive weilding of a poker - at what many would have imagined to be an utterly civilised, if not downright dull, philosophical meeting. Through this investigation, they bring to life not only the characters in this …