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Full-Text Articles in Law
Principles And Practice For The Equitable Governance Of Transboundary Natural Resources: Cross-Cutting Lessons For Marine Fisheries Management, Brooke M. Campbell, Quentin A. Hanich
Principles And Practice For The Equitable Governance Of Transboundary Natural Resources: Cross-Cutting Lessons For Marine Fisheries Management, Brooke M. Campbell, Quentin A. Hanich
Faculty of Law, Humanities and the Arts - Papers (Archive)
Conflicts over the equitability of transboundary natural resource conservation and management schemes have created barriers to effective policy implementation and practice. In seeking to overcome these barriers in the context of progressing transboundary oceanic fisheries conservation, we explore the divide between equity as defined in principle and as applied in practice in international policy and law. Searching for cross-cutting lessons and themes, we first review multilateral environmental agreements to see how equity is commonly being defined, understood, and then applied in principle. From this analysis, we identify common elements that can facilitate the conceptual framing and application of equitable principles …
How Should Rural Policy Be Evaluated If It Aims To Foster Community Involvement In Environmental Management?, Katrin Prager, Birte Nienaber, Barbara Neumann, Alistair Phillips
How Should Rural Policy Be Evaluated If It Aims To Foster Community Involvement In Environmental Management?, Katrin Prager, Birte Nienaber, Barbara Neumann, Alistair Phillips
Faculty of Law, Humanities and the Arts - Papers (Archive)
This paper brings together different theoretical perspectives to propose an evaluation framework for policies which have the explicit aim to foster communities' involvement in the management of their natural environment in the context of sustainable rural development, such as the EU LEADER programme, Australia's Caring for Our Country, and UNESCO Biosphere Reserves. Previous policy evaluations have over-simplified the complex social-ecological systems on which these policies are intended to act, have lacked specification of the policy level they address and were predicated on the assumption that policies can be designed to produce predictable outcomes. Based on a concept of ‘complex realities’ …
A Climate-Informed, Ecosystem Approach To Fisheries Management, Adel Heenan, Robert S. Pomeroy, Johann D. Bell, Philip L. Munday, William Cheung, Cheryl Logan, Russell E. Brainard, Affendi Yang Amri, Porfirio Alino, Nygiel Armada, Laura David, Rebecca Rivera-Guieb, Stuart Green, Jamaluddin Jompa, Teresa Leonardo, Samuel Mamauag, Britt Parker, Janna Shackeroff, Zulfigar Yasin
A Climate-Informed, Ecosystem Approach To Fisheries Management, Adel Heenan, Robert S. Pomeroy, Johann D. Bell, Philip L. Munday, William Cheung, Cheryl Logan, Russell E. Brainard, Affendi Yang Amri, Porfirio Alino, Nygiel Armada, Laura David, Rebecca Rivera-Guieb, Stuart Green, Jamaluddin Jompa, Teresa Leonardo, Samuel Mamauag, Britt Parker, Janna Shackeroff, Zulfigar Yasin
Faculty of Law, Humanities and the Arts - Papers (Archive)
This paper outlines the benefits of using the framework for an ecosystem approach to fisheries management (EAFM) for dealing with the inevitable yet unclear impacts of climate change and ocean acidification on coastal fisheries. With a focus on the Asia-Pacific region, it summarizes the projected biological and socio-economic effects of increased emissions of carbon dioxide (CO2) for coastal fisheries and illustrates how all the important dimensions of climate change and ocean acidification can be integrated into the steps involved in the EAFM planning process. The activities required to harness the full potential of an EAFM as an adaptation to climate …
Transforming Management Of Tropical Coastal Seas To Cope With Challenges Of The 21st Century, Peter F. Sale, Tundi Agardy, Cameron H. Ainsworth, Blake E. Feist, Johann D. Bell, Patrick Christie, Ove Hoegh-Guldberg, Peter J. Mumby, David A. Feary, Megan I. Saunders, Tim M. Daw, Simon J. Foale, Phillip S. Levin, Kenyon C. Lindeman, Kai Lorenzen, Robert S. Pomeroy, Edward H. Allison, Roger Bradbury, Jennifer Corrin, Alasdair J. Edwards, David O. Obura, Yvonne J. Sadovy De Mitcheson, Melita A. Samoilys, Charles R.C Sheppard
Transforming Management Of Tropical Coastal Seas To Cope With Challenges Of The 21st Century, Peter F. Sale, Tundi Agardy, Cameron H. Ainsworth, Blake E. Feist, Johann D. Bell, Patrick Christie, Ove Hoegh-Guldberg, Peter J. Mumby, David A. Feary, Megan I. Saunders, Tim M. Daw, Simon J. Foale, Phillip S. Levin, Kenyon C. Lindeman, Kai Lorenzen, Robert S. Pomeroy, Edward H. Allison, Roger Bradbury, Jennifer Corrin, Alasdair J. Edwards, David O. Obura, Yvonne J. Sadovy De Mitcheson, Melita A. Samoilys, Charles R.C Sheppard
Faculty of Law, Humanities and the Arts - Papers (Archive)
Over 1.3 billion people live on tropical coasts, primarily in developing countries. Many depend on adjacent coastal seas for food, and livelihoods. We show how trends in demography and in several local and global anthropogenic stressors are progressively degrading capacity of coastal waters to sustain these people. Far more effective approaches to environmental management are needed if the loss in provision of ecosystem goods and services is to be stemmed. We propose expanded use of marine spatial planning as a framework for more effective, pragmatic management based on ocean zones to accommodate conflicting uses. This would force the holistic, regional-scale …
The Coral Triangle Atlas: An Integrated Online Spatial Database System For Improving Coral Reef Management, Annick Cros, Nurulhuda Ahamad Fatan, Alan White, Shwu Jiau Teoh, Stanley Tan, Christian Handayani, Charles Huang, Nate Peterson, Ruben Venegas Li, Hendra Yusran Siry, Ria Fitriana, Jamison Gove, Tomoko Acoba, Maurice Knight, Renerio Acosta, Neil L. Andrew, Doug Beare
The Coral Triangle Atlas: An Integrated Online Spatial Database System For Improving Coral Reef Management, Annick Cros, Nurulhuda Ahamad Fatan, Alan White, Shwu Jiau Teoh, Stanley Tan, Christian Handayani, Charles Huang, Nate Peterson, Ruben Venegas Li, Hendra Yusran Siry, Ria Fitriana, Jamison Gove, Tomoko Acoba, Maurice Knight, Renerio Acosta, Neil L. Andrew, Doug Beare
Faculty of Law, Humanities and the Arts - Papers (Archive)
In this paper we describe the construction of an online GIS database system, hosted by WorldFish, which stores bio-physical, ecological and socio-economic data for the 'Coral Triangle Area' in South-east Asia and the Pacific. The database has been built in partnership with all six (Timor-Leste, Malaysia, Indonesia, The Philippines, Solomon Islands and Papua New Guinea) of the Coral Triangle countries, and represents a valuable source of information for natural resource managers at the regional scale. Its utility is demonstrated using biophysical data, data summarising marine habitats, and data describing the extent of marine protected areas in the region.
The Use Of Gis And Geospatial Technologies In Support Of Coastal Zones Management-Results Of An International Survey, Rodolphe Devillers, Debora M. De Freitas
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 …
An Ecosystem Approach To Management Of Seamounts In The Southern Indian Ocean. Volume 3 - Legal And Institutional Gap Analysis, Robin M. Warner, Philomene Verlaan, Gail Lugten
An Ecosystem Approach To Management Of Seamounts In The Southern Indian Ocean. Volume 3 - Legal And Institutional Gap Analysis, Robin M. Warner, Philomene Verlaan, Gail Lugten
Faculty of Law, Humanities and the Arts - Papers (Archive)
The International Union for Conservation of Nature (IUCN) is committed to achieving effective protection, restoration and sustainable use of biological diversity and ecosystem processes on the high seas. IUCN Resolution 4.031 (2008), “Achieving conservation of marine biodiversity in areas beyond national jurisdiction”, called, inter alia, for the promotion of arrangements, processes and agreements that ensure the consistent, coordinated and coherent application of the best conservation and governance principles and approaches, including integrated ecosystem-based management and the precautionary approach.
A Case Study Of Globalized Knowledge Flows: Guanxi In Social Science And Management Theory, Xiaoying Qi
A Case Study Of Globalized Knowledge Flows: Guanxi In Social Science And Management Theory, Xiaoying Qi
Faculty of Law, Humanities and the Arts - Papers (Archive)
This article examines globalized knowledge flows through a case study of the treatment of the Chinese concept of guanxi in social and management science journals. Three forms of concept– theory relations are postulated which effectively correspond with different patterns of knowledge flow. The treatment of this concept in 214 refereed journal articles published from 1999 to 2009 indicates that the concept guanxi, which possesses capacity for theoretical development, is predominantly treated merely as an object of study rather than the basis of theoretical elaboration. A continuing dominant pattern of knowledge flows from the metropole to the periphery is thus indicated. …
Science, Biodiversity And Australian Management Of Marine Ecosystems, Richard Kenchington, Pat Hutchings
Science, Biodiversity And Australian Management Of Marine Ecosystems, Richard Kenchington, Pat Hutchings
Faculty of Law, Humanities and the Arts - Papers (Archive)
The United Nations Convention on Law of the Sea (UNCLOS) (United Nations 1982) came into effect in 1994. Signatory nations have substantial management obligations for conservation of marine natural resource and ecosystems. In this paper we discuss the challenges of defining and monitoring biodiversity at scales required for management of marine ecosystems. Australia's area of immediate responsibility under UNCLOS covers an area of 11 million sq km with further linked responsibilities for an estimated area of 5.1 million sq km of continental shelf. This presents substantial data challenges for development and implementation of management. Acoustic seabed mapping is providing substantial …
Graduate Capabilities Assessment Rubric For Self-Management Standards In The Bachelor Of Laws, Judith May Marychurch, John P. Littrich, Margaret C. Wallace
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
The Pathogenesis Of Human Papillomavirus (Hpv) In The Development Of Cervical Cancer: Are Hpv Vaccines A Safe And Effective Management Strategy?, Roslyn Judith Wilyman
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 …
Regional Fisheries Management In Ocean Areas Surrounding Pacific Islands States, Quentin Hanich
Regional Fisheries Management In Ocean Areas Surrounding Pacific Islands States, Quentin Hanich
Faculty of Law - Papers (Archive)
No abstract provided.
Sovereignty And Cooperation In Regional Pacific Tuna Fisheries Management: Politics, Economics, Conservation And The Vessel Day Scheme, Quentin A. Hanich, Hannah Parris, Ben M. Tsamenyi
Sovereignty And Cooperation In Regional Pacific Tuna Fisheries Management: Politics, Economics, Conservation And The Vessel Day Scheme, Quentin A. Hanich, Hannah Parris, Ben M. Tsamenyi
Faculty of Law - Papers (Archive)
No abstract provided.
Blurring The Lines: Maritime Joint Development And The Cooperative Management Of Ocean Resources, Clive H. Schofield
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.
Management Plans And State Of Environment Reports Prepared And Implemented By Local Councils In Nsw: Problems And Potential For Biodiversity Conservation, Andrew H. Kelly
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.
Legal Frameworks For Integrated Marine Environmental Management, G. L. Rose
Legal Frameworks For Integrated Marine Environmental Management, G. L. Rose
Faculty of Law - Papers (Archive)
The Australian federal government is rethinking its policy-based approach to integrated marine environmental management. Does effective coordination of oceans management activities require an overarching legislative framework? Should legislation operate to enforce cross-jurisdictional coordination? Can it also assure cross-sectoral integration? This paper explores possible answers to these questions, considering options for a legal framework for integrated marine environmental management in a federal context.
The International Legal Regime For Fisheries Management, Ben M. Tsamenyi, Shilpa Rajkumar, Lara Manarangi-Trott
The International Legal Regime For Fisheries Management, Ben M. Tsamenyi, Shilpa Rajkumar, Lara Manarangi-Trott
Faculty of Law, Humanities and the Arts - Papers (Archive)
No abstract provided.
Towards A Legal Framework For A Single National Ballast Water Management Scheme In Australia, Ben M. Tsamenyi, Stuart B. Kaye, Alison Castle
Towards A Legal Framework For A Single National Ballast Water Management Scheme In Australia, Ben M. Tsamenyi, Stuart B. Kaye, Alison Castle
Faculty of Law, Humanities and the Arts - Papers (Archive)
Introduced Marine Pests (IMPs) pose a serious threat to marine biodiversity in Australia. There are many ways pests are introduced into the marine environment. The major vectors for IMPs are ballast water, ship fouling, accidental introductions due to mariculture and deliberate introduction. The focus of this paper is on the administrative and legislative response to the introduction of IMPs through ballast water. Historically, ballast water accounts for only 15-20 per cent of the invasive marine species found in Australia. Ballast water is, however, becoming the major threatening vector in the last two decades. The current ballast water legislative and administrative …
Balancing Short Term Impacts And Long Term Interests In Fisheries Management Decisions, K Crosthwaite, Warwick Gullett
Balancing Short Term Impacts And Long Term Interests In Fisheries Management Decisions, K Crosthwaite, Warwick Gullett
Faculty of Law - Papers (Archive)
In the latest of a series of merits review decisions by the Administrative Appeals Tribunal (AAT) concerning the correct construction to be given to the Australian Fisheries Management Authority's (AFMA's) statutory objective to ensure that the exercise of the precautionary principle is 'pursued', the AAT has affirmed the decision under review as having being made reasonably and correctly in pursuit of the principle. This article explains the reason for the AAT's recent decision in Craig Justice v Australian Fisheries Management Authority and Executive Director, Department of Fisheries Western Australia (hereafter Justice v AFMA) which affirmed AFMA's implementation of the consultative …
Substantive Precautionary Decision-Making: The Australian Fisheries Management Authority's 'Lawful Pursuit' Of The Precautionary Principle, Warwick Gullett, Christopher Paterson, Elizabeth Fisher
Substantive Precautionary Decision-Making: The Australian Fisheries Management Authority's 'Lawful Pursuit' Of The Precautionary Principle, Warwick Gullett, Christopher Paterson, Elizabeth Fisher
Faculty of Law - Papers (Archive)
In this article, the authors review recent Administrative Appeals Tribunal decisions concerning the Australian Fisheries Management Authority's exercise of discretionary powers in pursuit of its statutory objective to ensure that the exploitation of fisheries resources is conducted in a manner consistent ,vith the exercise of the precautionary principle. The most recent of a series of Tribunal decisions which have affirmed the Authority's interpretation and application of the principle as contained in the Fisheries Management Act 1991 (Cth) is discussed in detail, together with Federal Court rulings concerning the content of the Authority's statutory obligation to ensure that fisheries cxploitation maximises …
Environmental Protection And The Precautionary Principle: A Response To Scientific Uncertainty In Environmental Management, Warwick Gullett
Environmental Protection And The Precautionary Principle: A Response To Scientific Uncertainty In Environmental Management, Warwick Gullett
Faculty of Law - Papers (Archive)
The principle of precautionary action has been presented by some of its advocates as nothing less than a monumental paradigm shift in environmental management. It is essentially a new legal response to the scientific uncertainties surrounding the capacity ofthe environment to cope with the increasing demands placed upon it. This article outlines why our knowledge of environmental processes is inadequate and addresses the rationale and content of the "precautionary principle", tracing its development from an uncontroversial espousal of commonsense to its emergence as a potentially forceful decision-making norm. It will be argued tliat although the principle has definitional and implementational …