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Articles 1 - 15 of 15
Full-Text Articles in Law
Talkin' 'Bout Law's Generations: Intergenerational Differences In Reading Legal Texts, Marett Leiboff
Talkin' 'Bout Law's Generations: Intergenerational Differences In Reading Legal Texts, Marett Leiboff
Faculty of Law - Papers (Archive)
This paper describes a project I am currently undertaking which seeks to find out if generational differences affect the reading of legal texts, with the potential to compromise the possibility of textual integrity in law. I am calling this concept ‘intergenerational interpretative dissonance’. Using an empirical study (which is currently on foot), the project is drawing on ‘pop culture’ generations to undertake a quiz-style survey to explore differences in knowledge, history and meanings about non-legal events in order to establish what non-legal knowledge is shared (or not) by different generations of lawyers. The survey is being used to provide background …
China's Maritime Strategic Agenda, Christopher Rahman
China's Maritime Strategic Agenda, Christopher Rahman
Faculty of Law - Papers (Archive)
Just what’s China up to at sea? To casual observers, including a burgeoning legion of journalists, commentators and bloggers, China seems set on a path to becoming a major force on the world’s oceans, developing bluewater naval power with which to protect the Chinese state’s expanding economic ties to far-flung corners of the world and project political and even strategic influence. Such observers rightly note the rapid growth in China’s international seaborne trade, its shipping and shipbuilding sectors, and its marine economy and maritime interests in general. China’s naval developments over the past decade have been widely commented on, especially …
Alice Through The Wormhole: Reconciling Spatial And Temporal Disjunctions In The Creation Of Content In Australian Media Law, Marett Leiboff
Alice Through The Wormhole: Reconciling Spatial And Temporal Disjunctions In The Creation Of Content In Australian Media Law, Marett Leiboff
Faculty of Law - Papers (Archive)
Copy of powerpoint presentation to the conference.
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.
Responsibility And The Representation Of Suffering: Australian Law In Black And White, Richard Mohr
Responsibility And The Representation Of Suffering: Australian Law In Black And White, Richard Mohr
Faculty of Law - Papers (Archive)
Abstract: This article critically analyses the concept of suffering, with particular emphasis on responsibility for and representations of suffering. Suffering is seen as a social relationship, with objective characteristics, classified by Renault as domination, deprivation and the weakening of intersubjective supports (désaffiliation). Veitch and Wolcher have inquired into legal responsibility for suffering. The author adds that suffering is also constructed subjectively, through aesthetic, political and legal representations. This theoretical model of suffering is applied to recent political and legal issues in Australia dealing with an apology for earlier policies of removing Indigenous children from their families, and a more recent …
The European Council Regulation On Illegal, Unreported And Unregulated Fishing: An International Fisheries Law Perspective, Martin Tsamenyi, Mary Ann Palma, Ben Milligan, Kwame Mfodwo
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 …
Rehabilitation Of Islamist Terrorists: Lessons From Criminology, Samuel J. Mullins
Rehabilitation Of Islamist Terrorists: Lessons From Criminology, Samuel J. Mullins
Faculty of Law - Papers (Archive)
There is continued investment and attention being paid to programs of disengagement and deradicalization (D&D) for Islamist terrorists. Whilst there is some evidence of positive effects of different programs, it is widely acknowledged that rehabilitative efforts with terrorists are in their infancy and that there is a great deal of potential for learning, development and refinement. The present article examines rehabilitation programs for Islamist militants in light of the literature on rehabilitative interventions for “ordinary” criminal offenders, which have been in development now for more than 50 years. Principles of best practice as well as challenges in the field of …
Pirates Ahoy! The Modern Pirate Menace Off The Horn Of Africa, Clive H. Schofield
Pirates Ahoy! The Modern Pirate Menace Off The Horn Of Africa, Clive H. Schofield
Faculty of Law - Papers (Archive)
Pirates ahoy! A line from the script of a Hollywood cutlass-and-buried-treasure blockbuster? Not quite, especially as far as the waters off the Horn of Africa are concerned in recent years. Pirates have long held the status of romantic and daring figures in the popular imagination, thanks in no small part to novels such as Stevenson’s Treasure Island and the swashbuckling films of Errol Flynn and company. More recently Johnny Depp, of Pirates of the Caribbean fame, also has a lot to answer for. However, piracy presents a serious modern day menace to the mariner.
Emergency Powers And The Rule Of Law In Indonesia, Nadirsyah Hosen
Emergency Powers And The Rule Of Law In Indonesia, Nadirsyah Hosen
Faculty of Law - Papers (Archive)
[extract] While Indonesia has had experience in dealing with the use of emergency powers for more than fifty years, it has had to face severe problems that have challenged its goals of national resilience, development and, more importantly, the absence of the rule of law. The focus of my chapter is the tensions inherent between emergency powers and the rule of law in Indonesia, particularly in the post-Suharto era.
Regional Maritime Security: Threats And Risk Assessments, Sam Bateman
Regional Maritime Security: Threats And Risk Assessments, Sam Bateman
Faculty of Law - Papers (Archive)
Regional maritime security: The maritime security of Southeast Asia reflects a range of enduring and dynamic factors. Enduring factors are mainly the geography of the region with its complex pattern of archipelagos, islands, bays and gulfs and narrow shipping channels; its heavy dependence on shipping for both domestic and intra-regional trade; and the importance of regional seas and their resources to the well-being of regional peoples. The dynamic factors include sovereignty disputes, the increasing levels and density of shipping traffic in the region, increased exploitation of marine resources, deteriorating fish stocks and marine habitats, growing naval budgets and higher levels …
Legal Issues Associated With The Study Of Sexual Content On The Internet In Australia, Lenore T. Lyons, Sophie Williams, Michele Ford
Legal Issues Associated With The Study Of Sexual Content On The Internet In Australia, Lenore T. Lyons, Sophie Williams, Michele Ford
Faculty of Law - Papers (Archive)
Scholarly recognition of the research potentials of the Internet has resulted in a growing interest in using computer-mediated communication to study different aspects of human sexuality. Although there is a growing literature on the ethical issues associated with Internet-based research1, little attention has been given to the legal issues associated with conducting scholarly research on Internet sexual content. This lacuna stands in contrast to the growing public debate about the legal issues associated with attempts by authorities to restrict adult access to Internet content through filtering services and age-restricted access technologies. These measures appear to be focused on three issues …
"Talkin' 'Bout Law's Generations: An Empirical And Jurisprudential Investigation Into The Reading Of Legal Cases By Different Generations Of Lawyers", Marett Leiboff
Faculty of Law - Papers (Archive)
The Australian TV comedy quiz show, Talkin’ ‘bout your generation, pits the knowledge of three different teams of generations against each other. Like a highlystrung game of trivial pursuit, the show’s comedy darkly exposes the speed with which knowledge, language and meaning is lost and misinterpreted across and between generations. This pilot study, Talkin’ ‘bout law’s generations takes its cue from its namesake, by discovering if legal interpretation is similarly affected. But the character of legal interpretation being explored is not uni-dimensional, and is instead exploring if (and how) social, political, historical and linguistic knowledge is deployed by its interpreters. …
Conclusion: Do Rough Seas Lie Ahead?, Sam Bateman
Conclusion: Do Rough Seas Lie Ahead?, Sam Bateman
Faculty of Law - Papers (Archive)
[extract] Strategic overview: China and India are the rising powers of Asia. However, elements of competition are evident in their strategic intentions, and much of this competition seems likely to be played out in the maritime domain, particularly in Southeast Asian waters. Hitherto China and India have operated in their exclusive spheres of interest - India in the Indian Ocean and China in the East Asian seas - but this will change. China is extending its operations into the Indian Ocean, and India into the East Asian seas. How this overlap of strategic interests will develop is a vital question …
Confronting Maritime Crime In Southeast Asian Waters: Reexamining "Piracy" In The Twenty-First Century, Sam Bateman
Confronting Maritime Crime In Southeast Asian Waters: Reexamining "Piracy" In The Twenty-First Century, Sam Bateman
Faculty of Law - Papers (Archive)
[extract] There is nothing new about maritime crime in Southeast Asia. It has a long history, and the maritime criminals of today are mainly descendants of the marauders, pirates, and bandits of yesteryear. However, changes to the extent and nature of maritime crime have occurred over the years. The decline in fish stocks and loss of access to traditional fishing grounds, along with general economic problems, have led to unemployment and loss of income in coastal villages throughout the region. This has, in turn, forced some villagers to turn to piracy, sea robbery, and other forms of maritime crime. However, …