Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
Articles 1 - 30 of 49
Full-Text Articles in Law
Representation For The Italian Diaspora, E. Arcioni
Representation For The Italian Diaspora, E. Arcioni
Faculty of Law - Papers (Archive)
In this Audit paper Elisa Arcioni, University of Wollongong, considers the decision to include seats for the Italian diaspora in the Italian parliament.The decision was of even greater significance since it was the results in the Australasian seat that gave the Prodi government its majority in the Senate.
Labour Law And Productive Decentralisation: Australian Report, Andrew D. Frazer
Labour Law And Productive Decentralisation: Australian Report, Andrew D. Frazer
Faculty of Law - Papers (Archive)
The decentralisation of production by various means has been a major feature of Australian labour law and relations since the 1980s. Since the recession of the early 1980s, many businesses have pursued financial savings through outsourcing of labour. Many companies did so firstly as a means of focusing on their core business activities and shifting to program-based accounting systems. More recently it has been part of the process of continuous cost-cutting and downsizing, associated with the preoccupation with shareholder value. Decentralisation is usually accompanied by reduction of the internal workforce and intensification of work remaining within the business. These trends …
Living Legal Fictions: Constituting The State Or Submerging The Signifier, Richard Mohr
Living Legal Fictions: Constituting The State Or Submerging The Signifier, Richard Mohr
Faculty of Law - Papers (Archive)
This is an inquiry into the ways the state is constituted as an effective legal fiction. It is based on the premise that the state was not constituted, once and for all, some three centuries ago (as Bourdieu suggests) but that the existence of the state relies on continuing legal and social processes. The focus is on the translation from the legal to the social, specifically the semiotic interaction between law, space and daily life in the dynamics of this on-going mise en scène. This requires re-thinking a number of semiotic issues: first, Lefebvre's challenge to a semiotics which neglects …
'Equality Before The Law' In Polyethnic Societies: The Construction Of Normative Criminal Law Standards, Luke Mcnamara
'Equality Before The Law' In Polyethnic Societies: The Construction Of Normative Criminal Law Standards, Luke Mcnamara
Faculty of Law - Papers (Archive)
Criminal justice decision-makers are routinely called upon to formulate and apply normative standards — including adjudication on criminal responsibility, assessments as to the availability of defences, and sentencing determinations. In polyethnic societies such as Australia, the terms in which the relevant standard should be conceived is sometimes challenged by defendants on the basis of their ethnic or religious identity. Such claims are commonly regarded as giving rise to a ‘clash’ — between the objective of valuing and respecting multiculturalism and pluralism, while adhering to ‘fundamental’ liberal principles regarding equality before the law (universality, uniformity and neutrality). This article examines a …
Harmonising Australian Environmental Law: An Australian Oceans Act For Australia’S Oceans, G. L. Rose, C. Smythe
Harmonising Australian Environmental Law: An Australian Oceans Act For Australia’S Oceans, G. L. Rose, C. Smythe
Faculty of Law - Papers (Archive)
A synopsis of a dicussion paper canvassing a new national approach to marine management: an Australian Oceans Act and an Australian Oceans Authority. The Australian Conservation Foundation and National Environmental Law Association launched the discussion paper in March 2006 about the future of Australia’s laws for its oceans.
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.
Report On The Comparative Analysis Of Compliance Mechanisms, G. L. Rose
Report On The Comparative Analysis Of Compliance Mechanisms, G. L. Rose
Faculty of Law - Papers (Archive)
Compliance mechanisms under 19 selected multilateral environment agreements are analysed and compared. Existing and potential interlinkages and synergies between their compliance mechanisms are identified trhough the analysis and a survey of international and national practice. The objective is to define strategic opportunities at the international level to use the compliance mechanisms to strengthen national implementation. The erport concludes with a draft action plan.
Regional Treaties, G. L. Rose
Regional Treaties, G. L. Rose
Faculty of Law - Papers (Archive)
An investigation of trends in Australian treaty-making with countries in the region of South East Asia and the South West Pacific, projected forwards from the middle of 2006.
Territory, Landscape And Law In Three Images Of The Basque Country, Richard Mohr
Territory, Landscape And Law In Three Images Of The Basque Country, Richard Mohr
Faculty of Law - Papers (Archive)
Spending time in the Basque country while preparing a contribution to a workshop on landscape and identity focussed my attention on how the Basques were expressing their own identity in their own characteristic and lovely landscape. On arriving in Bilbao a few weeks before the regional elections in 2001, I read the Spanish newspaper El Mundo's description of the Basque landscape as a "Gulag", where the populace lived in fear of terrorism and xenophobia. This was hardly the first impression that came to my mind as I walked streets full of election posters, shoppers, and groups of people dropping in …
Festival Filosofia Sui Sensi / Philosophical Festival Of The Senses, Richard Mohr
Festival Filosofia Sui Sensi / Philosophical Festival Of The Senses, Richard Mohr
Faculty of Law - Papers (Archive)
Three cities, three days, how many senses? I lost count in the eruption of designer menus, philosophy "master classes," children's activity spaces, all night music parties, herbs and spices, exhibitions including Picasso erotica, and strolls past the flower, fish and formaggio sections of the market in Modena. The latest edition of the city's philosophy festival organized each year since 2001 was dedicated to the senses. From Friday to Sunday, 16-18 September, 2005 Modena and its smaller neighbors Carpi and Sassuolo gave over their piazzas, exhibition spaces, libraries, restaurants and churches to the festival. The trains between the three centers were …
Public Health At Risk: A Us Free Trade Agreement Could Threaten Access To Medicines In Thailand, Jakkrit Kuanpoth, Gawain Kripke, Stephanie Weinberg
Public Health At Risk: A Us Free Trade Agreement Could Threaten Access To Medicines In Thailand, Jakkrit Kuanpoth, Gawain Kripke, Stephanie Weinberg
Faculty of Law - Papers (Archive)
Even though the world faces the threat of potential new epidemics like avian influenza, the effects of trade rules on public health attract little attention. Governments recently reaffirmed their commitment to meet the Millennium Development Goals which include combating HIV/AIDS, malaria and other major diseases, yet little attention is given to the implications of United States Free Trade Agreements (US FTAs) with developing countries such as Thailand, for access to affordable medicines to treat those diseases. These FTAs do much more than regulate tariffs for cross-border trade in goods and services: they change the rules of intellectual property protection in …
Contesting The Merits Of Aquaculture Development: Port Stephens Pearls Pty Ltd V Minister For Infrastructure And Planning [2005] Nswlec 426, Warwick Gullett
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 …
Cross-Disciplinary Assessment: Bringing Law Students And Expert Witnesses Together, Judith M. Marychurch
Cross-Disciplinary Assessment: Bringing Law Students And Expert Witnesses Together, Judith M. Marychurch
Faculty of Law - Papers (Archive)
This paper will discuss the author’s experience in instituting an innovative cross-disciplinary assessment task between undergraduate LLB Evidence students and postgraduate Master of Forensic Accounting (MFA) students, in which students participate in a mock witness examination. LLB students act as legal counsel, conducting examination and cross-examination of postgraduate students acting as expert forensic accounting witnesses.
Trips-Plus Intellectual Property Rules: Impact On Thailand's Public Health, Jakkrit Kuanpoth
Trips-Plus Intellectual Property Rules: Impact On Thailand's Public Health, Jakkrit Kuanpoth
Faculty of Law - Papers (Archive)
Thailandhas proved that a well-fund, politically-supported public policy could be effective in preventing the spread of HIV/AIDS on a national scale. It is currently facing increased pressure to accept higher standards of intellectual property (IP) protection (the so-called TRIPS-Plus) under bilateral free trade agreements (FTA) proposed by theUnited States. The proposed US FTA threatens to restrict the measures the country can take to pursue affordable drugs, and will affect ability ofThailandto continue its successful ARV treatment and other healthcare programmes. The paper argues that the TRIPS-Plus regime generates a negative impact on poor people’s access to medicines, and the ARV …
Assessing The Threat Of Maritime Terrorism: Issues For The Asia-Pacific Region, Sam Bateman
Assessing The Threat Of Maritime Terrorism: Issues For The Asia-Pacific Region, Sam Bateman
Faculty of Law - Papers (Archive)
This article provides a critical assessment of the contemporary threat of maritime terrorism in the Asia-Pacific region. It addresses the operational dimensions of the threat to ships and port infrastructure, and considers the effectiveness of the international and regional measures that have been introduced in recent years to deal with this threat. Based on a proposition that that there has been rather too much emphasis on highly remote and speculative “doomsday” scenarios, the article supports the need for balance and equity in addressing the risks of maritime terrorism. It identifies types of terrorist attack that might be assessed as more …
Another Look At The Giving Of Independent Advice To Sureties: Some Uncertainties And Evolving Concerns, Charles Chew
Another Look At The Giving Of Independent Advice To Sureties: Some Uncertainties And Evolving Concerns, Charles Chew
Faculty of Law - Papers (Archive)
It seems clear from the cases that independent advice can play a role where the lender or creditor attempts to argue that a guarantor or surety has entered into a guarantee in an act of free and independent will, and is aware of the nature and effect of such a security. The purpose of independent advice in this context is to ensure that the guarantor understands the nature and effect of the transaction and the documents to be signed. This article critically analyses the importance of the surety procuring independent advice before executing the contract of guarantee. It examines some …
The Application Of Gis In Maritime Boundary Delimitation: A Case Study On The Indonesia-East Timor Maritime Boundary Delimitation, I Made Andi Arsana, C. Rizos, Clive H. Schofield
The Application Of Gis In Maritime Boundary Delimitation: A Case Study On The Indonesia-East Timor Maritime Boundary Delimitation, I Made Andi Arsana, C. Rizos, Clive H. Schofield
Faculty of Law - Papers (Archive)
The Democratic Republic of Timor-Leste (East Timor) attained independence on 20 May 2002, marking its separation from Indonesia. As a newly independent country, East Timor is faced with a number of significant international opportunities, together with some obligations that it must fulfil, including the delimitation of its international boundaries. Similarly, for Indonesia, with 10 maritime neighbours, the delimitation of maritime boundaries is a significant challenge. This paper describes a preliminary study on the delimitation of the Indonesia - East Timor maritime boundary, with a focus on technical aspects. Geospatial data has been obtained from the Indonesian government and processed with …
Intellectual Property Law In Southeast Asia: Recent Legislative And Institutional Developments, Christoph Antons
Intellectual Property Law In Southeast Asia: Recent Legislative And Institutional Developments, Christoph Antons
Faculty of Law - Papers (Archive)
Over the last few decades, countries belonging to the Association of Southeast Asian Nations (ASEAN) all had to revise their intellectual property systems. These revisions resulted at first from bilateral pressure of major trading partners such as the US and EU, then from the WTO-TRIPS Agreement and more recently from bilateral Free Trade Agreements. To observe the IP developments in ASEAN over this period is interesting, because this group of countries covers developed (Singapore), developing as well as least developed countries. All countries had to reform their outdated laws from the colonial era in very short time. However, in comparison …
Fragments Of Forest Management, A Private Practice: An Assessment Of The Implementation Of The Regional Forest Agreements On Private Land In The Southern And The Eden Regions Of Nsw, Holly Park
Faculty of Law - Papers (Archive)
This article comprises a critical analysis of the implementation of Regional Forest Agreements (‘R FA s’) on private land in the Southern and the Eden RFA regions of NSW. It does this by discerning two key objectives for private land from the RFAs — the conservation of priority ecosystems and the promotion of Ecologically Sustainable Forest Management (‘ESFM ’), and evaluating the effectiveness of the RFAs in facilitating the achievement of these objectives. It maintains that RFAs have proven largely ineffective in achieving these objectives and have failed to provide a strategic approach to the management of private forests. It …
Henry James, Affect And The Writer/Researcher, Catherine Cole
Henry James, Affect And The Writer/Researcher, Catherine Cole
Faculty of Law, Humanities and the Arts - Papers (Archive)
In this paper I am going to examine the role of the fiction writer/academic in university writing programs, especially the way in which they wear numerous research hats. Multi-skilled in every sense of the word, they range over university research restlessly - research for a novel one day, pedagogical research the next, time snatched, if they're lucky, to pursue their 'formal' research projects, to apply for funding not just from the ARC but from the Literature Board and other community funds available to writers. They find the time to give conference papers and meet other researchers in their fields. While …
Exclusive Economic Zones And Pacific Developing Island States - Who Really Gets All The Fish?, Quentin A. Hanich, Ben M. Tsamenyi
Exclusive Economic Zones And Pacific Developing Island States - Who Really Gets All The Fish?, Quentin A. Hanich, Ben M. Tsamenyi
Faculty of Law, Humanities and the Arts - Papers (Archive)
The establishment of exclusive economic zones (EEZs), through the 1982 United Nations Convention on the Law of the Sea (LOSC), changed the allocation of fishing rights. These zones allocated all fishing rights within 200 nautical miles of land to neighbouring coastal States. This change dramatically increased sovereign rights for Pacific small island States. In many cases, these States, with limited terrestrial resources, were allocated large resource rich EEZs that had previously been dominated by distant water fishing States. Distant water fishing States, concerned that they would lose access to 85-90% of the world's active fishing grounds, argued that the LOSC …
The French And Their Minorities: The Legal 'Linguicide' Arsenal, Henri A. Jeanjean
The French And Their Minorities: The Legal 'Linguicide' Arsenal, Henri A. Jeanjean
Faculty of Law, Humanities and the Arts - Papers (Archive)
French Government policies to exclude, silence or outlaw regional minority languages date back as far as the 16th century and are clearly manifest in the nation’s legislation. Despite this, marginal languages have continued to survive and in some cases have experienced notable revivals. Perhaps to combat this resistance, a stronger arsenal was developed by the dominant culture in the 1990s—in particular through an amendment of Article 2 of the Constitution and the Toubon Law—in order to ensure the eradication of regional languages.
Industrial Tribunals And The Regulation Of Bargaining, Andrew D. Frazer
Industrial Tribunals And The Regulation Of Bargaining, Andrew D. Frazer
Faculty of Law - Papers (Archive)
This chapter seeks to apply ‘new’ regulation theory to industrial tribunals, in par-ticular the functions and powers of the Australian Industrial Relations Commission (AIRC) in relation to enterprise bargaining and the making of collec-tive workplace agreements. In a conventional economic sense, industrial tribunals have always been regulatory agencies, with their awards operating as labour standards setting minimum pay and conditions. Since the 1990s, though, the major work and impact of industrial tribunals has changed from making awards to the facilitation and approval of agreements as part of the process of labour market “deregulation.” As (at the time of final revision …
Essay Review: Final Test And Class And Schools, M. T. O'Brien
Essay Review: Final Test And Class And Schools, M. T. O'Brien
Faculty of Law - Papers (Archive)
In this essay review, O’Brien reviews two recent books that explore contemporary efforts to close the American black/white educational achievement gap. In Final Test: The Battle for Adequacy in America’s Schools, Peter Schrag chronicles on-going efforts to enlist the power of the courts to effect equal educational opportunity through court-ordered remedies. Richard Rothstein, in Class and Schools: Using Social, Economic and Educational Reform to Close the Black-White Achievement Gap, looks to social science, educational and social reform for potential solutions to the problem. O’Brien concludes that neither litigation nor educational reform is sufficient to provide universal access to high quality …
Up The Creek And Out At Sea: The Resurfacing Of The Public Right To Fish, Warwick Gullett
Up The Creek And Out At Sea: The Resurfacing Of The Public Right To Fish, Warwick Gullett
Faculty of Law - Papers (Archive)
The ancient common law public right to fish has had increasing resonance since 2001 when the High Court in Yarmirr denied the existence of asserted exclusive offshore native title rights in large part because of the “fundamental inconsistency” between them and the public right to fish. The Yarmirr decision also established that non-exclusive offshore native title rights must be consistent with the public right. This creates the potential for litigation where it is asserted that actions of native title holders have infringed the public right or where recreational anglers purportedly exercising the public right in an area subject to a …
The Scope And Limitations Of The Doctrine Of Misleading Or Deceptive Conduct In The Context Of Guarantees: Some Perspectives And Uncertainties, Charles Chew
Faculty of Law - Papers (Archive)
In this article, there is a critical analysis of the doctrine of misleading or deceptive conduct under s 52 of the Trade Practices Act 1974 (Cth) which is frequently relied upon for vitiation by guarantors or sureties who, as a result of such conduct on the part of the lender or credit provider, have given guarantees without adequate understanding or informed consent. It looks at how s 52 allows a party who is induced to enter into a contract of guarantee by misleading or deceptive conduct may be entitled to damages from the lender (the representor) in respect of any …
Blurring The Lines Of Environmental Responsibility: How Corporate And Public Governance Was Circumvented In The Ok Tedi Mining Limited Disaster, Judith M. Marychurch, Natalie P. Stoianoff
Blurring The Lines Of Environmental Responsibility: How Corporate And Public Governance Was Circumvented In The Ok Tedi Mining Limited Disaster, Judith M. Marychurch, Natalie P. Stoianoff
Faculty of Law - Papers (Archive)
This paper will present the preliminary findings of a research project into the impact of legislative legitimation of environmental damage on corporate governance in multinational companies and on public governance in the nation state. The environmental devastation of the Ok Tedi mine in Papua New Guinea (PNG) will be the focus of the paper.
The Hih Collapse: A Catalyst For Costly Reform, Gregor H. Allan
The Hih Collapse: A Catalyst For Costly Reform, Gregor H. Allan
Faculty of Law - Papers (Archive)
This paper examines the corporate governance and audit law reforms wrought in the wake of recent corporate scandals such as the HIH collapse. It considers the cost of these reforms and, using HIH as a principle reference point, the likely benefits. In particular, it questions reforms in the areas of auditor independence and audit standards. Do the new independence requirements go far enough? Does audit practice regulation now go too far? Indeed, is the audit function inherently susceptible to legislated sanction – or does this denigrate the very essence of auditing as a profession?
Sexual Citizenship And The Civil Union Act 2004, Nan Seuffert
Sexual Citizenship And The Civil Union Act 2004, Nan Seuffert
Faculty of Law - Papers (Archive)
This article analyses the parliamentary debates on the Civil Union Act 2004, which provides for legal recognition of same sex relationships, for stories of national identity. A close reading of the parliamentary debates on the Act suggests that although the supporters and opponents of the legislation seemed to be worlds apart, many told similar stories about New Zealand as a nation, and citizens within that nation, emphasising similar values and aspirations. Both sides told stories of citizens, of New Zealanders, as tolerant and fair, as forwarding-looking progressives who value stable long-term, committed relationships, warm loving communities for children, and strong …
Horizontes Distópicos En La Literatura Infantil: El Caso De La Esclavitud En La Saga De Harry Potter, Luis Gomez Romero
Horizontes Distópicos En La Literatura Infantil: El Caso De La Esclavitud En La Saga De Harry Potter, Luis Gomez Romero
Faculty of Law, Humanities and the Arts - Papers (Archive)
La voz utopía puede entenderse en dos sentidos. Habitualmente y en un sentido amplio, se ha convenido en remontar sus raíces a las voces griegas ού (no) y τόπος (lugar), esto es, el lugar que no existe. Sin embargo, también puede referirse a las raíces ευ (bueno) y τόπος (lugar): el buen lugar1 . En la etimología de la voz utopía se encuentra presente una ambigüedad que, al ser suprimida, confunde sus contenidos conceptuales: el “no lugar” (porque no es ahora, pero puede ser mañana) y el “buen lugar” (porque, ahora o mañana, debe ser). Con base en las acotaciones …