Law Commons^™

Germany's Government-Civil Society Development Cooperation Strategy: The Dangers Of The Middle Of The Road, Susan N. Engel

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

The Organisation for Economic Cooperation and Development (OECD) has been busy since the late 2000s studying the way aid donors manage their relations with development civil society organisations (CSOs). More than studying these relations, they have made some very detailed suggestions about how CSOs should be organised and how donor governments should fund and otherwise relate to them. This came out of the debate about aid effectiveness, which was formally aimed at improving both donor and recipient processes. Donors have quietly dropped many of the aspects related to improving their own performance and yet a number have created new interventionist …

Ocean Diplomacy: The Pacific Island Countries' Campaign To The Un For An Ocean Sustainable Development Goal, Genevieve Quirk, Quentin A. Hanich

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

In this article we examine how Pacific Island Countries (pics) successfully championed a stand-alone Ocean Sustainable Development Goal (sdg) goal at the United Nations (un). We analyse how the un Post-2015 development process provided pics with a unique opportunity to use their experience with collective diplomacy and regional oceans governance to propose this international goal. In this article we establish how pics' national and regional quest to strengthen their sovereign rights over marine resources motivated their diplomatic efforts for an Ocean sdg. The campaign was a significant political achievement, positioning these Large Ocean Island States (lois) as global ocean guardians. …

Countering Violent Extremism: The Role Of Aid And Development Assistance Programs, Gregory L. Rose

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

The recent Strategic Insights paper Security through aid by Anthony Bergin and Sarah Hately on the use of aid and development assistance to enhance security gives attention to important but currently neglected opportunities to counter violent extremism. Those opportunities can be broadly conceptualised as positive and negative: positive building of resilience and negating the potential misuses of aid. In this post, I will focus on lessons to be learned from environmental management which could be applied to negating the misuse of aid and development assistance in a security context.

The Rise Of The Global South, The Imf And The Future Of Law And Development, Gabriel Garcia

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

Following the onset of the Asian Financial Crisis the world has witnessed a re-accommodation of the global financial system. In the particular case of middle-income countries they have disentangled themselves from the conditionality of the IMF and grown into more assertive actors in international forums, proposing new alternative mechanisms to become more financially independent and for the provision of development assistance. This article critically reviews the new reality by assessing the strategies deployed by developing countries to reduce the IMF's influence, and explores the potential consequences of the rise of middle-income nations for Law and Development.

Resource Development And Teacher Training: A Model Of Interactive Whiteboard (Wb) Integration In Language Labs, Lidia Bilbatua, Laetitia Vedrenne

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

Pedagogical research often focuses on learners’ experience of technologyenhanced learning environments. It is widely accepted that effective use of Information and Communication Technologies (ICT) in learning requires the learner to be already fluent in them (Lai and Morrison 2013: 154). If this is the case, then practitioners also need to be competent, yet the digital literacy of today’s learners often appears greater than that of practitioners. This translates into a big gap between learners and practitioners in ability and confidence in the use of ICTs.

In this paper, we present the outcomes of a research project funded by the University …

Defining Areas For Joint Development In Disputed Waters, Clive Schofield

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

In recent years maritime joint development zones have emerged as an important means to overcome deadlock in relation to maritime jurisdictional claims. A key consideration in the negotiation and establishment of maritime joint development arrangements is the definition of the precise geographical area within which joint development is to proceed. This chapter reviews joint development practice with particular reference to the spatial definition of joint zones.

This experience can be broadly divided into joint zones that have been agreed in addition to a maritime boundary line and those that have been defined in the absence of a boundary line, which …

Securing Blue Wealth: The Need For A Special Sustainable Development Goal For The Ocean And Coasts And For Future Ocean Spatial Planning, Martin Visbeck, Ulrike Kronfeld-Goharani, Barbara Neumann, Wilfried Rickels, Jorn Schmidt, Erik Van Doorn, Nele Matz-Luck, Konrad Ott, Martin F. Quaas

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

The ocean regulates the global climate, provides humans with natural resources such as food, materials, important substances, and energy, and is essential for international trade and recreational and cultural activities. Together with human development and economic growth, free access to, and availability of, ocean resources and services have exerted strong pressure on marine systems, ranging from overfishing, increasing resource extraction, and alteration of coastal zones to various types of thoughtless pollution. Both economic theory and many case studies suggest that there is no “tragedy of the commons” but a “tragedy of open access”. With high likeliness, structures of open access …

Fish For The Future: Fisheries Development And Food Security For Kiribati In An Era Of Global Climate Change, Brooke M. Campbell, Quentin A. Hanich

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

The report provides background information for subsequent fisheries projects in Kiribati that aim to build food security, improve artisanal livelihoods and strengthen community engagement in fisheries governance. It provides information on the current status of Kiribati fishery resources (oceanic and coastal), their current governance and future challenges. Fish and fisher alike pay little heed to maritime boundaries and bureaucratic distinctions. This report covers both sides of the oceanic/coastal boundary because of the I-Kiribati communities’ interest in oceanic fisheries such as tuna and their heavy dependence on its fisheries resources for food security and economic development. The report focuses on two …

Chinese Second Language Teacher Education And Teacher Self-Development, Xiaoping Gao

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

This paper addresses three key components in Chinese Second Language Teacher Education: the history, development and objectives of the field, the curricula of teacher education, and student teachers' self -reflection in teaching practices and its role in teacher self -development. Given the changes in the objectives and contexts of teaching Chinese as a second language. it emphasizes that student teachers' self - reflection in supervised teaching practice is central to realize teachers' self -development and to meet the requirement of International Standards for Chinese Language Teacher.

Submission To The Strategic Policy Division, Department Of Defence, On The Development Of The 2013 Defence White Paper, Christopher Rahman

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

This submission on the development of the 2013 Defence White Paper addresses briefly four aspects:

1. The structure and content of the White Paper itself

2. Australia’s strategic environment

3. Australia’s military strategy

4. Force structure

Factors Conducive To Joint Development In Asia -Lessons Learned For The South China Sea, Robert Beckman, Clive Schofield, Ian Townsend-Gault, Tara Davenport, Leonardo Bernard

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

Joint development in the South China Sea has been suggested as a solution to the Spratly Islands disputes since the 1980s. China was one of the earliest proponents of ‘setting aside the dispute and pursuing joint development’. The South China Sea Workshops on Managing Potential Conflicts in the South China Sea discussed joint development but ran into a number of obstacles, notably because of longstanding sensitivities over sovereignty issues and conflicting maritime claims. Consequently, the Workshops sought to focus on less contentious issues such as cooperation on marine biodiversity and the safety of navigation. Through this non- confrontational, non-binding and …

Moving Forward On Joint Development In The South China Sea, Robert Beckman, Clive Schofield, Ian Townsend-Gault, Tara Davenport, Leonardo Bernard

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

The examination of the factors that facilitated the conclusion of joint development arrangements in Asia in Chapter 11 has demonstrated that there remain considerable obstacles before joint development in the South China Sea can be discussed in a serious and meaningful manner. The following recommendations set out steps which the claimants and, in certain circumstances, other relevant stakeholders, can take to move towards a situation where joint development is a feasible dispute settlement option.

Book Review: Nichole Georgeou. Neoliberalism Development And Aid Volunteering, Rowan Cahill

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

As Nichole Georgeou explains at the start of her book, the gestation of this study was her immersion and experiences in the field of aid volunteering in Japan and North Vietnam (pp.xv-xviii). This was during the early 1990s, when she was in her early twenties; they were experiences that left her asking huge moral, ethical, political questions about volunteering.

Book Review - Dynamics Of Cross Border Industrial Development In Mekong Sub-Region: A Case Study Of Thailand, Shaun Lin

Faculty of Law - Papers (Archive)

Dynamics of Cross Border Industrial Development in Mekong Sub-region is a well researched book assessing the applicability and feasibility of policies for industrial development in Thai border towns in less developed regions with mostly small and medium enterprises (SMEs). Maneepong focuses on the impacts of central and local government involvements, and how entrepreneurs operate in her selected border towns of Mae Sai, Mae Sot, Mukdahan and Nakhon Phanom. Specifically, she sets out to investigate which factors contribute to, or hinder, industrial development in Thailand's border towns.

'Deep Cleavages That Divide': The Origins And Development Of Ethnic Violence In Rwanda, Deborah Mayersen

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

While Hutu and Tutsi subgroups have existed since pre-colonial times in Rwanda, major interethnic violence is a much more recent phenomenon. During the 1950s, issues of race, power and privilege became highly politicised. As decolonisation loomed, the intersections between race and power became bitterly contested, leading to the 1959 Hutu Uprising. The Hutu Uprising was the first major outbreak of interethnic violence in Rwanda, however following this, such violence recurred repeatedly. This article explores key issues that contributed to and emerged from the Hutu Uprising, including the conflation of political and ethnic issues, perceptions of the Tutsi minority as a …

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.

The Pathogenesis Of Human Papillomavirus (Hpv) In The Development Of Cervical Cancer: Are Hpv Vaccines A Safe And Effective Management Strategy?, Roslyn Judith Wilyman

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

Human Papillomavirus (HPV) infection has been linked with cervical cancer. Some medical professionals see it as the determining causal agent and therefore promote vaccination as an effective prevention strategy. However, the biological plausibility of a causal theory requires that the incidence of the causal agent varies with the incidence and mortality of the disease. Yet the incidence and mortality of cervical cancer do not vary with the incidence of infection with HPV strains 16 and 18; the strains covered by the HPV vaccine. Though HPV infection is a necessary precursor to most cervical cancer, most high-risk HPV infections (with one …

Blurring The Lines: Maritime Joint Development And The Cooperative Management Of Ocean Resources, Clive H. Schofield

Faculty of Law - Papers (Archive)

The first part of the paper examines the significant extension in coastal State jurisdiction offshore and outlines progress in the delimitation of maritime boundaries worldwide. Some of the problems associated with lack of maritime boundary delimitation and the resultant large zones of overlapping maritime claims are then highlighted. Progress in the cooperative management of ocean resources through maritime joint development zones is then reviewed.

Safeguarding The Stocks: A Report On Analytical Projects To Support The Development Of A Regional Mcs Strategy For Pacific Oceanic Fisheries, Duncan Soutar, Quentin A. Hanich, Mark Korsten, Tim Jones, Jack Mccaffrie

Faculty of Law - Papers (Archive)

This report sets out the results of five analytical projects undertaken to support the development of a Regional MCS Strategy for Pacific oceanic fish stocks. The overarching purpose of the Strategy is to support a management regime and associated measures that will ensure the long term sustainability of oceanic fish stocks and associated economic benefits flowing from them to Pacific Island Countries. Extensive consultation was undertaken in support of the projects including visits by the project team to 16 of the 17 FFA member nations, direct consultation with staff from key regional institutions (e.g. WCPFC, SPC, USP), as well as …

Compliance Review: A Study Undertaken To Support The Development Of A Regional Mcs Strategy For Pacific Oceanic Fisheries, Quentin A. Hanich, Colin Brown, Ben M. Tsamenyi, Marcel Kroese, Duncan Soutar, Christian Mcdonald

Faculty of Law - Papers (Archive)

The achievement of FFA members’ regional goals for their tuna fisheries depends heavily upon the effective implementation by national governments of a comprehensive range of MCS measures. In support of this, FFA members have established various regional MCS measures that provide a framework to enable effective management and control of the region’s tuna fisheries. However, problematic implementation at the national level continues to undermine the ability of FFA members and the secretariat to fully implement these initiatives and effectively monitor and control the region’s tuna fisheries, thereby threatening their returns. While some FFA members have developed strong MCS systems with …

The Arctic: A Race For Resources Or Sustainable Ocean Development, Tavis Potts, Clive Schofield

Faculty of Law - Papers (Archive)

The Arctic Ocean is a semi-enclosed sea surrounded by five coastal states: Canada, Denmark (Greenland), Norway (Svalbard), the Russian Federation and the United States of America (Figure 1). Since the planting of a Russian flag on the sea-bed at the North Pole in August 2007 there have been renewed efforts by the other Arctic Ocean littoral states to reinforce their claims in the region. This, combined with the dramatic decrease in the extent of summer sea-ice, means that the Arctic has become a focus of global media, scientific and government attention. Much of this Arctic narrative has been decidedly alarmist, …

Lessons Learned From The Gulf Of Maine Case: The Development Of Maritime Boundary Delimitation Jurisprudence Since Unclos Iii, Stuart B. Kaye

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

The Chamber of the International Court of Justice (ICJ) delivered its judgment on the location of the maritime boundary between Canada and the United States in the Gulf of Maine, on October 12, 1984. Less than two years before, after many years consideration, and an almost complete failure of consensus during the Third United Nations Conference on the Law of the Sea (UNCLOS III),1 the international community adopted the text of Articles 74 and 83 of the United Nations Convention on the Law of the Sea.2 These two almost identically-worded articles provided the formula for delimiting the maritime boundaries between …

Contesting The Merits Of Aquaculture Development: Port Stephens Pearls Pty Ltd V Minister For Infrastructure And Planning [2005] Nswlec 426, Warwick Gullett

Faculty of Law - Papers (Archive)

Australia's aquaculture industry has grown rapidly since the mid-1990s. It has become the fastest growing industry in the primary sector and is a valuable contributor to development in regional areas. However, there is increasing community concern about the potential environmental impacts of aquaculture. Concerns vary enormously depending on the type of aquaculture activities but they typically include habitat modification, marine floor degradation, diminished water quality, disease, translocation of aquatic organisms, cumulative impacts and, particularly in highly populated coastal stretches (such as in New South Wales ('NSW')), effects on amenity values. The challenge is to develop an approval process for aquaculture …