Law Commons^™

International Environmental Law Principles Relevant To Exploitation Activity In The Area, Robin M. Warner

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

The International Seabed Authority is responsible for providing effective protection for the marine environment from the harmful effects of activities in the Area under Article 145 of UNCLOS. To meet this challenge, it must determine the relevant environmental governance principles applicable to each stage of an exploration and exploitation activity and how they can be operationalized in practical terms. This article discusses some key principles of international environmental law and management which are potentially relevant to the exploitation process and in particular the approval of a plan of work for exploitation activities. It also examines the potential legal thresholds for …

Curriculum Reform: A Transformation Or Consumption Model For Politics And International Relations?, Susan N. Engel

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

For decades, politics and international relations (PaIR) programs across Australia have taken a smorgasbord or student consumption approach to curriculum development. This article examines whether, with the Australian Qualifications Framework (AQF), there has been a systematisation and transformation of curriculum. It surveys 21 programs and majors in the field offered at 10 universities. It analyses directions in program structure, content and to a lesser extent delivery in order to discover whether there is a shared picture of graduate outcomes. The model of curriculum as a product students' select elements of to consume has largely continued and there has been no …

'Identity' And Governance In Synthetic Biology: Norms And Counter Norms In The 'International Genetically Engineered Machine' (Igem) Competition, David W. Mercer

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

A number of commentaries preoccupied with the legal, social and ethical implications of synthetic biology have emphasised that an important element shaping options for its future governance will be the normative ethos that is adopted by the emerging field. One venue that has regularly been identified as central to the development of this normative ethos is the International Genetically Engineered Machine (iGEM) Competition, an annual synthetic biology competition, which attracts thousands of students from across the world. The ideal values promoted by iGEM of collaboration, interdisciplinarity, sharing of results, and overt commitment to the consideration of social and ethical implications …

Chinese International Film Encounters: Closing The Gaps With Hollywood With Soft Power Appeal At Home And Abroad (中国电影与韩国的国际碰撞-中国电影通过软实力追赶好莱坞), Brian Yecies

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

In this article, I aim to expand our understanding of the transnational production and increasing international appeal of contemporary Chinese cinema in 2012 and 2013; my viewpoint is from the outside looking in. To achieve this aim, I analyze two key developments that are contributing to the rapidly shifting shape and style of the Chinese film industry: 1) increasing post-production collaborations with film industry practitioners and firms from South Korea – an important trading partner for China; and 2) the popular reception of Chinese films on the international film festival circuit, in particular the responses of a diverse group of …

Piracy In Southeast Asia: An Overview Of International And Regional Efforts, Ahmad Amri

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

One of the main maritime security threats in Southeast Asia is Piracy. While piracy has been a perennial problem, this threat has received increasing attention in the region over the past few years. Reports published by the International Maritime Organization (IMO) as well as the International Maritime Bureau show an alarming number of piratical acts in Southeast Asian waters over the past decade. Southeast Asia had the second highest number of piracy attacks in the world from 2008–2012. Only the African Region transcended Southeast Asia in the number of attacks. This is concerning because the geographical location of the region …

Greenhouse Gas Emissions From International Shipping: The Response From China's Shipping Industry To The Regulatory Iinitiatives Of The International Maritime Organization, Yubing Shi

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

The International Maritime Organization (IMO) received its mandate to regulate shipping greenhouse gas (GHG) emissions from the Kyoto Protocol. However, the IMO Convention and the UN Convention on the Law of the Sea also provide it with competence in this area. In exercising its mandate, the IMO has developed regulatory initiatives. China’s shipping industry is playing a growing role in the international shipping market, and its response to these initiatives will have a substantial effect on the future application of these regulations. This article analyses the GHG mandate of the IMO, examines the main outcomes achieved within the organization on …

The Sustainable Use And Conservation Of Biodiversity In Abnj: What Can Be Achieved Using Existing International Agreements?, Jeff Ardron, Rosemary Rayfuse, Kristina Gjerde, Robin Warner

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

Attention has recently been given to shortcomings and gaps in the governance regime for marine areas beyond national jurisdiction (ABNJ), especially with regard to the conservation of marine biodiversity. This paper provides a brief overview of existing ABNJ treaties and their associated governance bodies. Examples of the manner in which some gaps have been (or are in the process of being) filled are outlined. These examples suggest that given the political will, existing bodies could achieve significantly more. Additionally, greater involvement from those conservation conventions that have already proven themselves to be effective in areas under national jurisdiction, such as …

Dowry In Bangladesh: A Search From An International Perspective For An Effective Legal Approach To Mitigate Women’S Experiences, Afroza Begum

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

For some 40 years, Bangladesh has fought a losing battle against the existence of dowries and their associated abuse with no indication of even a minimal impact as dowry demands inflate and violence increases. In one year alone, dowry related violence claimed the lives of 325 women and contributed to 66.7 per cent of the violent incidents against women. This article aims to investigate the appropriateness and effectiveness of legal approaches to dowry and propose a different standard for redressing women’s disadvantaged situation in the traditional culture of Bangladesh.

The Dynamics Of Transitional Justice: International Models And Local Realities In East Timor, Charles Hawksley

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

[extract] As Ruti Teitel has outlined, transitional justice can be seen as evolving in three phases. The first involved criminal trials, such as Nuremberg and Tokyo, which sought to hold individuals accountable for abuses of human rights during World War II, and this was buttressed by the development of various international legal instruments to protect rights which today constitute a central aspect of approaches to transitional justice. In the 1980s and 1990s a second phase of transitional justice occurred with post-dictatorship tribunals and bodies such as truth commissions, both of which 'thickened' transitional justice by introducing a restorative element. The …

Combating Maritime Piracy In Southeast Asia From International And Regional Legal Perspectives: Challenges And Prospects, Ahmad Amri

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

Piracy is considered a critical maritime security threat in Southeast Asia. Whilst piracy has always been a perennial problem in the region, this threat has received increasing attention in the region over the past few years. Reports published by the International Maritime Organisation as well as the International Maritime Bureau show an alarming increase in acts of piracy on Southeast Asian waters over the past decade. In ancients times, the main drivers of piracy were raiding for plunder and capture of slaves; however, in modern times, developments in politics, economics and even military technology have drastically altered the universal crime …

The Use Of Gis And Geospatial Technologies In Support Of Coastal Zones Management-Results Of An International Survey, Rodolphe Devillers, Debora M. De Freitas

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

This paper reports on the results of an international survey looking at the use of Geographic Information Systems (GIS) and other geospatial technologies in support of coastal zones management. The survey, conducted in fall 2012, was answered by 328 respondents coming from 59 different countries. It aimed at assessing the proportion of people using such technologies, identifying which specific technologies are used, how often they are used, what they are used for, etc. A set of questions also asked more specifically about the potential of using volunteered geographic information (VGI) in the context of coastal zones management. Results indicate that …

Peace Studies War – Boycotting Israel For The Sake Of International Law?, Gregory L. Rose

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

This article considers the current boycott of Israeli academics by the Sydney Centre for Peace and Conflict Studies (CPACS) - an affiliate of the University of Sydney - arguing that the boycott suppresses academic freedom, does not promote international law or peace, and is fundamentally racist. It was written in answer to an argument in defence of the boycott recently posted on the Australian-government supported website "The Conversation" by CPACS lecturer Paul Duffill (Jan. 15), who argued "the International Court of Justice ruled in July 2004 that Israel is occupying Palestinian territory in violation of international law", and therefore "a …

Plant Genetic Resources, International Protection, G. L. Rose

Faculty of Law - Papers (Archive)

No abstract provided.

Ensuring The Preservation Of Submerged Treasures For The Next Generation: The Protection Of Underwater Cultural Heritage In International Law, Lowell Bautista

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

In a historic moment that culminated almost a decade of negotiations, the Convention on the Protection of the Underwater Cultural Heritage (UCH Convention) was adopted on 2 November 2001.2 The UCH Convention is the fourth international instrument dealing with cultural heritage adopted under the aegis of the United Nations Educational, Scientific and Cultural Organization (UNESCO) and the first one specifically addressing the protection of underwater cultural heritage (UCH) in international law.3 The UCH Convention is the first universal instrument that exclusively deals with the preservation of UCH in international waters. The UCH Convention builds upon and addresses the gaps of …

Understanding Imf Stand-By Arrangements From The Perspective Of International And Domestic Law: The Experience Of Venezuela In The 1990s, Gabriel Garcia

Faculty of Law - Papers (Archive)

During the 1990s, international financial institutions such as the World Bank and the International Monetary Fund (IMF) promoted the so-called 'Washington Consensus'. One of the premises of the consensus was that developing countries needed to embrace a market economy and build a legal system supportive of the rule of law in order to promote progress and defeat poverty. The onset of financial crises across South America and the inability of governments to deal with problems derived from this financial meltdown provided the proitious conditions for the IMF to implement its agenda of promoting a market economy and the rule of …

Women's Participation In Union Parishads: A Quest For A Compassionate Legal Approach In Bangladesh From An International Perspective, Afroza Begum

Faculty of Law - Papers (Archive)

A woman's capacity to participate in politics is a constitutionally entrenched and fundamental right in Bangladesh, repeatedly affirmed in several pieces of legislation, the most recent being the Local Government Act, 2009. Despite the endorsement of a series of affirmative features to promote women's equality, empirical research reveals very disappointing results. This paper investigates some of the fundamental constraints that hinder women's participation in Union Parishads, the third tier of local government, with special reference to a number of serious flaws in the Act. A compassionate approach is developed for the workplace to accommodate exceptional gender-centric concerns in Union Parishads …

The Challenge Of Reducing Greenhouse Gas Emissions From International Shipping: Assessing The International Maritime Organization's Regulatory Response, Yubing Shi

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

As a comparatively cost effective, clean, and safe method of transportation, international shipping offers an important means of moving goods internationally and enables other activities such as leisure cruising.1 Many factors contribute to the development of international shipping. As an example, the evolution of ship propulsion has progressed from sailing ships to steam ships powered by coal and then to an almost universal use of diesel engines, significantly accelerating international trade.2 Similarly, advances in telecommunication and information and communications technology infrastructure, reductions in trade barriers, and low energy costs have also contributed to the expansion of international shipping and seaborne …

What A Tangled Net: Unravelling The International Complications Of Tuna Conservation, Quentin Hanich, Glenn Sant

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

The eighth meeting of the Western and Central Pacific Fisheries Commission concluded in Guam on Friday 30 March 2012. Five hundred delegates from more than 40 countries argued for a week about how to reduce overfishing in the Western and Central Pacific tuna fisheries and sustainably manage the world’s largest tuna fisheries.

Scientific assessments clearly recommend urgent action to address overfishing and reduce fishing mortality for bigeye tuna, halt any increases in fishing mortality for yellowfin and probably albacore, reduce fishing mortality of juvenile bigeye and yellowfin, and develop precautionary limits for skipjack. If these actions are not taken the …

Displaced Persons And The Politics Of International Categorisation(S), Jayne Persian

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

Between 1947 and 1952 170,000 Displaced Persons (DPs) arrived in Australia as International Refugee Organisation (IRO)-sponsored refugees. This article sets out the international historical and political context for the migration of DPs to Australia, and interrogates the "bureaucratic labelling" inherent in the category "Displaced Persons". The post-war refugees were presented internationally as "Displaced Persons"; "refugees"; "political refugees"; and eventually, in an effort to solve the population crisis, as potential "workers" and "migrants". This article will describe the historical origin of the terms "Displaced Persons" "refugees", "political exiles" and "migrants"- terms which were, and continue to be, relevant and problematic.

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 …

Regulating Fishing In Australia: From Mullet Size Limits To International Hot Pursuits, Warwick Gullett

Faculty of Law - Papers (Archive)

Fisheries laws simply regulate human interactions with fish. Yet it is an enormous challenge to get them right. The central problem with which fishing laws need to deal is that technological advancements continually enable people (especially commercial fishers) to increase their ability to catch fish. This may be coupled with an increasing number of people fishing, or perhaps a relatively stable number of people fishing but changing their practice such as intensively fishing in one location. Human activities affecting fish are ever changing and, as a result, so too are fisheries laws. Past fishery collapses (such as cod stocks off …

International Police Missions As Reverse Capacity Building: Experiences Of Australian Police Personnel, Vandra Harris, Andrew Goldsmith

Faculty of Law - Papers (Archive)

Since 2003 many hundreds of Australian police officers have served in police peace-keeping and capacitybuilding missions in Solomon Islands, Timor-Leste and Papua New Guinea. Working within bilateral or multilateral engagements, these police have encountered significant differences in legal and policing cultures as well as political and community environments. This paper considers how these experiences influence Australian police officers' thinking about policing in general, and how they view the legacy of their service. It explores the extent to which Australian police think they have had their own capabilities altered by the very processes through which they attempt to build the capacity …

Combating Iuu Fishing: International Legal Developments, Mary Ann Palma

Faculty of Law - Papers (Archive)

When the international Plan of Action to Prevent, Deter, and Eliminate Illegal, Unreported and Unregulated Fishing (IPOA-IUU) was adopted in 2001, the term illegal, unreported and unregulated fishing or "IUU fishing" instantly gained the attention of States, regional organisations, non-government organisations, and academic institutions.

What The Boomerang Misses: Pursuing International Film Co-Production Treaties And Strategies, Brian Yecies

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

This paper illustrates some of the dynamic ways that members of the Korean, Australian, New Zealand and Chinese creative and cultural industries have engaged with international instruments such as co-production treaties. Strategies, benefits returned and lost costs, that is, sacrifices that are made in the process of producing a film or digital media program in more than one country, and/or with an international team are investigated to reveal how creators are engaging with the demands of different governments' policies. It is hoped that this paper and the larger research project to which it is attached will assist scholars, creative and …

The Philippine Treaty Limits And Territorial Water Claim In International Law, Lowell Bautista

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

The fundamental position of the Philippines regarding the extent of its territorial and maritime boundaries is based on two contentious premises: first, that the limits of its national territory are the boundaries laid down in the 1898 Treaty of Paris which ceded the Philippines from Spain to the UnitedStates; and second, that all the waters embraced within these imaginary lines are its territorial waters. The position of the Philippine Government is contested in the international community and runs against rules in the Law of the SeaConvention, which the Philippines signed and ratified. This situation poses two fundamental unresolved issues of …

Partners Or Adversaries? The Role Of Ngos In The Implementation Of International Fisheries Instruments., Pio Emosi Manoa

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

Non-government organisations (NGOs) are regarded as ‘heavyweight’ actors in international fora.1 The term NGO refers to any organisation that is not a government or inter-governmental organisation. In fisheries governance in the Western and Central Pacific Ocean, the increasing involvement of NGOs is a consequence of post United Nations Conference on Environment and Development (UNCED)2 developments and globalisation processes. The 1992 UNCED, also referred to as the Earth Summit, provided the platform for greater participation of civil society in the pursuit of sustainable development and key fisheries principles were elaborated. Other international meetings such as the World Summit on Sustainable Development …

Navigating Pacific Fisheries: Legal And Policy Trends In The Implementation Of International Fisheries Instruments In The Western And Central Pacific Region, Quentin Hanich, Ben M. Tsamenyi

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

Navigating Pacific Fisheries analyses the legal and policy context for the conservation, management and exploitation of tuna fisheries in the Western and Central Pacific region.

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 …

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.

Species Enhancement By International Gene Pool, Craig Judd

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

The idea for Wild Thang: post pop from the MCA emerged from my experience of viewing permanent collections in regional art galleries. Most of these collections began in the late 1960s and early 1970s with a major cash injection and after the initial flush of funds and public interest many of them languished. Consequently regional galleries in New South Wales (and Victoria and Queensland) have large bodies of work from a time period and aesthetic framework that are often considered difficult at best and unfashionable at worst. Most Directors and Curators I spoke to, looked in despair at the mass …