Law Commons^™

Reconceiving Labour Law: The Labour Market Regulation Project, Andrew D. Frazer

Faculty of Law - Papers (Archive)

This paper reviews the recent work by Australian labour lawyers that has embraced the ‘new regulation’ and in particular the idea of law as regulation. This approach has recast the academic study of labour law as being concerned with regulation of the labour market. While much of this work has concentrated on expanding the field of labour law to include many areas of law affecting the labour market (beyond the employer-employee relationship), the work has also developed the view of law as a mechanism of state regulation. The paper examines how the ‘regulatory turn’ in Australian labour law has affected …

Youth Unemployment In The Illawarra: An Investigation Into The Problems Facing Young Jobseekers In Our Region, Simon Promfret, Brad Braithwaite, Scott Burrows, Natalie Viselli, Alex Kerr

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

Unemployment, and in particular youth unemployment, is one of the most significant economic and social issues facing the Illawarra region. Whilst the official youth unemployment statistics can be debated from one month to the next, what is clear is that for at least the past two decades our region‟s young people have experienced a consistently higher rate of unemployment than most of their peers living elsewhere in Australia.

The study upon which this report is based has sought to explore the reasons why the Illawarra region has a consistently higher youth unemployment rate than other places throughout the nation. It …

Flesh And The Person, Richard Mohr

Faculty of Law - Papers (Archive)

What connection is there between flesh and the legal person? Flesh is the most material aspect of human existence, while the legal person is one of its most abstract manifestations. The method is a phenomenological analysis of legal records of the body and identity, including everyday documents such as credit cards. These are analysed in terms of the information they contain or refer to, and the physical processes by which they are compiled or activated. These physical traces are linked to law and selfhood by narratives, including those by which we makes sense of our lives as well as forensic …

Protecting The Diversity Of The Depths: Environmental Regulation Of Bioprospecting And Marine Scientific Research Beyond National Jurisdiction, Robin M. Warner

Faculty of Law - Papers (Archive)

As scientific knowledge of marine areas beyond national jurisdiction increases and developments in oceans technology permit greater access to the high seas water column and the deep seabed, new and more intensive uses of these areas occur with consequential impacts on the marine environment. The discovery of hydrothermal vents in 1977 revealed communities of organisms with unique genetic and biochemical properties which can be used for a seemingly limitless catalogue of medical, pharmaceutical and industrial applications. Similar repositories of genetic and biochemical resources have been discovered in other deep sea environments such as cold water seeps and it is expected …

Joining Forces To Combat Crime In The Maritime Domain: Cooperative Maritime Surveillance And Enforcement In The South Pacific Region, Robin M. Warner

Faculty of Law - Papers (Archive)

The South Pacific as a region has far more ocean space than land territory. The majority of small island States in the South Pacific are heavily dependent on the sea for their resources and livelihoods. While militaries in our region have recently been focussed on resolving the civil disorder generated by political unrest on land, in locations such as Bougainville, Solomon Islands and Fiji, navies have also had prevalent maritime law enforcement roles in the region, both advisory and operational, for several decades. Threats to the security of the region from crime in the maritime domain will continue to arise …

The Organization Of 'Organized Crime Policing' And Its International Context, Clive G. Harfield

Faculty of Law - Papers (Archive)

This article reflects upon a decade of developments in the organization of organized crime policing, particularly within the international context. the review illustartes that the policing (in its widest sense) of organized crime is based on certain prerequisities. other actors besides law enforcement agencies have key roles to,play. the creation of an appropriate instrumental framework is equally as important as having competent and appropriate agencies in place. The multipilicity of interests beg questions about what is feasible in the co-ordination of organized crime policing, given that organized crime is a global phenomenon beyond the scope of any one agency or …

Appropriate Patent Rules In Developing Countries - Some Deliberations Based On Thai Legislation, Jakkrit Kuanpoth

Faculty of Law - Papers (Archive)

TRIPS Agreement mandates adequate and effective protection for all inventions regardless of the field of technology. The fundamental questions are whether the extent of protection of pharmaceuticals will be beneficial for the socio-economic development of developing countries and how can the impact of the new system be monitored and controlled in the interests of the concerned countries and their populations. Under the Thai Patent Law, Section 46.50 provides for the grant of compulsory licenses, which in practical terms are difficult to implement so much so that no such licenses have been granted since 1979 when the Act came into force. …

Securing A Sustainable Future For The Oceans Beyond National Jurisdiction: The Legal Basis For An Integrated Cross-Sectoral Regime For High Seas Governance For The 21st Century, Rosemary Rayfuse, Robin M. Warner

Faculty of Law - Papers (Archive)

The legal regime for the high seas is fragmented both sectorally and geographically and is incomplete. Governance, regulatory, substantive and implementational gaps in the legal framework serve to limit the effectiveness of the high seas regime in securing a sustainable future for the conservation and use of the high seas environment and its resources. A global approach to further developing the high seas regime based on the concept of international public trusteeship for the oceans beyond national jurisdiction could foster environmentally responsible use of of the high seas and its resources and ensure the application of modern conservation principles and …

Bad Character Evidence And Reprehensible Behaviour, James Goudkamp

Faculty of Law - Papers (Archive)

The Criminal Justice Act 2003 ushered in a new system for determining the admissibility of bad character evidence in criminal proceedings. Unfortunately, this system is riddled with anomalies and plagued by obscurity. These problems contaminate its core as it is unclear what constitutes 'bad character' evidence. This uncertainty is in large part due to the fact that the Act offers little clue as to the meaning of the words 'reprehensible behaviour', evidence of which is 'bad character' evidence. Accordingly, this article asks whether the decisions in which the expression 'reprehensible behaviour' has fallen for consideration shed light on its content. …

Management Plans And State Of Environment Reports Prepared And Implemented By Local Councils In Nsw: Problems And Potential For Biodiversity Conservation, Andrew H. Kelly

Faculty of Law - Papers (Archive)

The Local Government Act 1993 (NSW) demands every local council in NSW to prepare, inter alia, a ‘management plan’ and a ‘state of the environment report’. This paper critically examines both mechanisms and the relationship between them. Discussion is underpinned by the context of biodiversity conservation at the local level. Whilst good intentions lie behind the legislative requirements, their environmental benefits are questionable. They are often recognised as little more than bothersome bureaucratic hurdles. Although overdue legislative and policy change is forthcoming, concern is raised about loss of focus on the conserving biodiversity.

Current Legal Developments: The Arctic, Clive H. Schofield, Tavis Potts

Faculty of Law - Papers (Archive)

The planting of a flag in a titanium canister on the seabed at the North Pole in August 2007 on the part of the Russian Federation and efforts by the other Arctic Ocean littoral states to reinforce their territorial and, particularly, maritime jurisdictional claims in the region, led to the Arctic becoming the focus of considerable global media attention in recent months. Much of this coverage has been alarmist in tone, replete with tales of a “scramble” or “race” for the Arctic, talk of an Arctic “land-grab”, and unease over a resultant Arctic resource “gold rush”. Although some of the …

Jemaah Islamiyah And The Threat Of Chemical And Biological Terrorism, Adam Dolnik, Rohan Gunaratna

Faculty of Law - Papers (Archive)

Over the course of the past decade, the possibility of the use of chemical and biological weapons (CBW) by non-state actors has been a topic of extensive academic and public debate. Originally, this debate concentrated primarily on capabilities, where the ease of acquisition of CBW materials after the breakup of the Soviet Union, as well as more widespread availability of information needed for the production and weaponization of CBW agents, were the sources of major concern. Relatively recently, the debate was brought to a more realistic level through the acknowledgment of technical hurdles associated with the successful delivery of CBW …

Law, Cosmopolitan Law, And The Protection Of Human Rights, Sarah Sorial

Faculty of Law - Papers (Archive)

In Between Facts and Norms, Habermas articulates a system of rights, including human rights, within the democratic constitutional state. For Habermas, while human rights, like other subjective rights have moral content, they do not structurally belong to a moral system; nor should they be grounded in one. Instead, human rights belong to a positive and coercive legal order upon which individuals can make actionable legal claims. Habermas extends this argument to include international human rights, which are realised within the context of a cosmopolitan legal order. The aim of this paper is to assess the relevance of law as a …

The Risk Intelligence Conundrum And Its Impact On Governance, Mark Loves

Faculty of Law - Papers (Archive)

This paper looks at intelligence led strategic planning, specifically within the context of an operational private sector corporate security unit which the author managed from 1994 to 2005. It examines the role, mission and objectives of the unit, with specific emphasis on management models, planning frameworks, policy and strategy, client relations and performance measuring. It develops the concept that risk assessment and intelligence development are in fact the same process, acting to direct governance and informing decision making at both tactical and strategic levels.

13 Years Since Tokyo: Re-Visiting The 'Superterrorism' Debate, Adam Dolnik

Faculty of Law - Papers (Archive)

On 20 March 1995, members of the Aum Shirikyo cult used sharpened umbrella tips to pierce plastic bags filled with sarin nerve agent onboard five trains converging at Tokyo’s Kasumigaseki station. Twelve people died and 1,039 were injured in what remains the largest nonconventional terrorist attack in history. Then, only a month later, an explosives laden truck detonated in front of the Alfred P. Murrah Federal Building in Oklahoma City, killing 168 people and injuring over 800 others in what at the time was the most lethal terrorist attack on United States soil. These two events, while unrelated, served as …

Freedom Of Navigation In The Indo-Pacific Region, Stuart Kaye

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

International law generally, and the law of the sea in particular, exert a tremendous influence on Australian interests, not merely in the oceans around the continent, but within the Australian economy generally. Australia asserts its jurisdiction over the largest maritime area in the world, with an exclusive economic zone (EEZ) and continental shelf over 1.5 times the size of mainland Australia, and a search and rescue responsibility covering 10 per cent of the globe. Over 95 per cent by volume of Australian international trade reaches Australia by sea. Over 99 per cent of the data traffic passing along communications links …

Shirley Hazzard And I: The Self, The Writer, The Nation And The World At 'Australian Literature In A Global World', Anne Collett

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

"I don't believe that the best of this country's writers will wish to rest on 'identity': that is, to invite the risk that a work will be praised, and even over-valued, for its Australian associations - however striking their effects - rather than for its greater human truth." (Hazzard, Boyoer Lectures, 28)

Brainstorming: Views And Interviews On The Mind, Shaun Gallagher

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

Gallagher presents a collection of dialogues between himself and a number of neuroscientists, including Michael Gazzaniga, Marc Jeannerod, and Chris Frith, on the relation between the mind and brain.

I did not write this book, I constructed it. And in regard to its content, let me admit at the beginning that in this book I beg, borrow, and steal (well maybe not steal, since I have observed copyrights) as much wisdom as I can from some of the best minds of our time. These are people who think about brains and minds professionally. Although this is a book about the …

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

Faculty of Law - Papers (Archive)

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

The Criminal Justice System And The Rule Of Law, Donna Spears

Faculty of Law - Papers (Archive)

In everyday use, the rule of law is often equated with law and order - the idea that people should obey the law. However, as Bottomley and Parker observe, while law and order might be an aspect of some conceptions of the rule of law, it is not really at the heart of it.' They suggest that the rule of law is valued because it is thought to curb the power of government, protect the rights and liberties of citizens and promote personal autonomy, in that individuals can predict the circumstances in which government will interfere with their lives.

Globalisation And Consumer Protection Laws, John Goldring

Faculty of Law - Papers (Archive)

Globalisation is a word without any fixed or definite meaning. Originally it was a jargon term, relationg to the creation of global rather than national markets. However it has come to denote the decline of nation-states, and particularly of the barriers to trade and investment erected by national states.

Media And The Rule Of Law: A Changing Terrain, David Blackall, Seth Tenkate

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

In recent years, both legislative developments and various court decisions have diminished freedom of speech and of the press in Australia. Without a Bill of Rights or definitive constitutional guarantees protecting such freedoms, we remain vulnerable to further erosions of our civil and human rights.

The Historical Context And Legal Basis Of The Philippine Treaty Limits, Lowell Bautista

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

The Philippines, on the basis of historic right of title, claims that its territorial sea extends to the limits set forth in the colonial treaties, which define the extent of the archipelago at the time it was ceded from Spain to the U.S. in 1898. The line drawn around the archipelago marks the outer limits of the historic territorial seas of the Philippines, which will be referred to here as the Philippine Treaty Limits. The Philippine Treaty Limits are contested in international law because they evidently breach the twelve-mile breadth of the territorial sea provided for in the Law of …

Articulating And Understanding The Phenomenological Manifesto, Daniel Hutto

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

In the mid-nineties, Routledge brought out The Mechanical Mind. Authored by Tim Crane, this was a readable introduction, overview and rationale for approaching the philosophy of mind from a particular outlook. Specifically, it identified and defended the core and foundational assumptions that inform mainstream analytic philosophy of mind. The book advanced a kind of ‘ideological argument’ in that its author recognized that attraction to its central idea “depends on accepting a certain picture of the world; the mechanical/causal world picture. This picture sees the whole of nature as obeying certain general causal laws – the laws of physics, chemistry, biology, …

Technology, Violence, And Peace, Brian Martin

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

Technologies play a crucial role in both war and peace. Technologies designed for violence, namely weapons, range from handguns to nuclear weapons. Important characteristics of weapons include their destructive power, centralized control, offensive capacity, and ease of use. Technologies valuable for a peaceful society include those used in agriculture, construction, and transport. They can also be used to support nonviolent action, such as when telephone and e-mail are used by citizens opposing repressive governments.

Illawarra Youth Unemployment Study: A Review Of The Literature On The Causes Of Youth Unemployment And Existing Policy And Program Responses, Scott Burrows

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

Background:

Youth unemployment has been a contentious issue for years, particularly in the Illawarra. The 15 to 24 year age group tends to suffer from a disproportionately high unemployment rate relative to the entire working age population. According to the June 2007 figures from the Australian Bureau of Statistics, while the overall unemployment rate in the Wollongong Statistical Region was 4.8%, the youth unemployment rate was 15.0%. This was primarily fuelled by the 15 to 19 years age group, with an unemployment rate of 27.5%. While such figures are often quite volatile month to month, the critical point is this: …

Heavy Heavenly Bodies, Madeleine T. Kelly

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

The works in ‘Heavy Heavenly Bodies‘ suggest liminal encounters through blurred or hidden identities of forms, many figures are forsaken but for ghosts. A family processes food under the image of the doomsday clock, a lone Jewish settler challenges Israeli security officers at the settlement of Amona (the painting is based on Oded Balilty’s winning Pulitzer photograph), and a line of women dressed in national flags reflect current international alliances.

Direct Perception In The Intersubjective Context, Shaun Gallagher

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

This paper, in opposition to the standard theories of social cognition found in psychology and cognitive science, defends the idea that direct perception plays an important role in social cognition. The two dominant theories, theory theory (TT) and simulation theory (ST), both posit something more than a perceptual element as necessary for our ability to understand others, i.e., to “mindread” or “mentalize.” In contrast, certain phenomenological approaches depend heavily on the concept of perception and the idea that we have a direct perceptual grasp of the other person’s intentions, feelings, etc. This paper explains precisely what the notion of direct …

Caveats For The Posthuman Past, Michael R. Griffiths

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

If animal studies grew largely out of late twentieth-century concerns, then equally, scholarly address towards the prehistory of the posthuman considerations underlying this subdiscipline is an absolute necessity, and one beset by many challenges. The critical topos of the more radical developments in this field poses a unique challenge to scholars of earlier periods. A number of publications on the animal question in the eighteenth century have begun to bring into relief the indispensable genealogy of enlightenment humanism which finds its emergence in the eighteenth century, especially for British culture. At the latter end of the long eighteenth century--Romanticism and …

Review: Robin Archer, Why Is There No Labor Party In The United States?, Gregory Melleuish

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

Book review: Robin Archer, Why is there no Labor Party in the United States? (Princeton University Press, 2007)