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Full-Text Articles in Law

Haunting National Boundaries: Lbgti Asylum Seekers, Nan Seuffert Jan 2014

Haunting National Boundaries: Lbgti Asylum Seekers, Nan Seuffert

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

Two areas of scholarship on asylum seekers and detention camps rarely consider the position of LBGTI asylum seekers: the first is legal scholarship on asylum seeker non-entr e regime policies of 'excision' and 'exile', and the second is scholarship theorising the 'bare life', or lack of political and legal rights, and related issues encountered by asylum seekers at the boundary of the nation. This article contributes to and extends these bodies of scholarship by reading LBGTI asylum seekers into Australia's recent asylum seeker non-entr e polices of 'excision' and 'exile'. Using scholarship and reports produced internationally, it raises issues for …


Molecular Dynamics Study On The Atomic Mechanisms Of Coupling Motion Of [0 0 1] Symmetric Tilt Grain Boundaries In Copper Bicrystal, Liang Zhang, Cheng Lu, Guillaume Michal, A Kiet Tieu, Kuiyu Cheng Jan 2014

Molecular Dynamics Study On The Atomic Mechanisms Of Coupling Motion Of [0 0 1] Symmetric Tilt Grain Boundaries In Copper Bicrystal, Liang Zhang, Cheng Lu, Guillaume Michal, A Kiet Tieu, Kuiyu Cheng

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

Recent research has revealed that some grain boundaries (GBs) can migrate coupled to applied shear stress. In this paper, molecular dynamics (MD) simulations were performed on sixteen [0 0 1] symmetric tilt GBs of bicrystal Cu to identify atomic-scale GB migration mechanisms and investigate their dependence on GB structure. The misorientation angles (θ) of the sixteen GBs cover the interval from 0° to 90° and a wide range of Σ values. A general method was proposed to explore the possible GB structures for each misorientation angle. Molecular statics simulation at a temperature of 0K were carried out first to determine …


One Step Forwards, Two Steps Back? Progress And Challenges In The Delimitation Of Maritime Boundaries Since The Drafting Of The United Nations Convention On The Law Of The Sea, Clive Schofield Jan 2013

One Step Forwards, Two Steps Back? Progress And Challenges In The Delimitation Of Maritime Boundaries Since The Drafting Of The United Nations Convention On The Law Of The Sea, Clive Schofield

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

The provisions of the United Nations Convention on the Law of the Sea dealing with the delimitation of maritime boundaries are limited and open to varied interpretation. Nevertheless, the advent of the Convention had a significant impact on ocean boundary making. Subsequent developments have also arguably led to a clearer approach to maritime boundary delimitation. These evolutions are traced and contemporary challenges highlighted


Philippine Territorial Boundaries: Internal Tensions, Colonial Baggage, Ambivalent Conformity, Lowell Bautista Jan 2011

Philippine Territorial Boundaries: Internal Tensions, Colonial Baggage, Ambivalent Conformity, Lowell Bautista

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

The territorial boundaries of the Philippines, inherited from Spain and the United States in 1898, are disputed in international law. The boundaries of the Philippines are not recognised by the international community for two principal reasons: first, because of the fundamental position of the Philippines 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 United States; and second, is its claim that all the waters embraced within these imaginary lines are its territorial waters. The Philippine Government is not unaware of these issues …


The Delimitation Of Maritime Boundaries Of The Pacific Island States, Clive H. Schofield Jan 2010

The Delimitation Of Maritime Boundaries Of The Pacific Island States, Clive H. Schofield

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

The Pacific island States possess limited land territory but enormous maritime entitlements. Claims to maritime jurisdiction out to 200 nautical miles offshore, and in some cases the existence of continental shelf rights extending beyond the 200 mile limit, have resulted in overlapping claims and the creation of numerous “new” international maritime boundaries. The majority of these potential maritime boundaries both among the Pacific island States and between the Pacific island States and their maritime neighbours have yet to be delimited. The paper outlines relevant claims to maritime jurisdiction including recent submissions regarding outer continental shelf limits, explores how maritime boundaries …


Setting Limits And Boundaries In The Pacific: The Essential Framework To Manage Marine Resources, Clive H. Schofield Jan 2010

Setting Limits And Boundaries In The Pacific: The Essential Framework To Manage Marine Resources, Clive H. Schofield

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

The paper explores the purpose and value of setting maritime limits and boundaries and, in particular, argues that to do so is crucial in order to provide a clear jurisdictional framework so as to better realise the benefits to be derived from the value marine resources contained within the maritime spaces claimed by coastal States. The problems associated with maritime jurisdictional uncertainty are also noted. The spatial limits of maritime claims under international law are outlined together with the key ways in which the limits of such claims can be established. Challenges and uncertainties in defining maritime limits and boundaries …


Boundaries, Biodiversity, Resources, And Increasing Maritime Activities: Emerging Oceans Governance Challenges For Canada In The Arctic Ocean, Clive H. Schofield, Ian Townsend-Gault, Tavis Potts Jan 2009

Boundaries, Biodiversity, Resources, And Increasing Maritime Activities: Emerging Oceans Governance Challenges For Canada In The Arctic Ocean, Clive H. Schofield, Ian Townsend-Gault, Tavis Potts

Faculty of Law - Papers (Archive)

The Arctic region is undergoing rapid environmental and socioeconomic change. As one of the most rapidly warming places on the planet, the Arctic is experiencing dramatic climate change-related impacts, such as a severe downward trend in sea ice cover. The scientific community projects that this trend could result in a sea ice-free summer by as early as 2020. As conditions warm, the retreat of sea ice is driving an expansion of political and economic activity. Recent world media attention has been focused on the Arctic to an unprecedented extent. Much of the discourse has been devoted to a perceived Arctic …


The Delimitation Of Maritime Boundaries: A Matter Of Life Or Death For East Timor?, Clive Schofield, I Made Andi Arsana Jan 2007

The Delimitation Of Maritime Boundaries: A Matter Of Life Or Death For East Timor?, Clive Schofield, I Made Andi Arsana

Faculty of Law - Papers (Archive)

As a newly independent country, East Timor is faced with a number of significant challenges and opportunities—including the delimitation of international boundaries. Although it is the case that the majority of maritime boundaries around the world remain undelimited, where they are defined they provide jurisdictional clarity and certainty (Prescott & Schofield 2005:216-18). This can have multifaceted benefits, for instance in terms of facilitating the sustainable and effective management of the ocean environment and enhancing maritime security. Perhaps of more pressing importance for a developing country, agreement on the limits of maritime jurisdiction serves to secure coastal state rights to access …