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Full-Text Articles in Law
'Ditto': Law, Pop Culture And Humanities And The Impact Of Intergenerational Interpretative Dissonance, Marett Leiboff
'Ditto': Law, Pop Culture And Humanities And The Impact Of Intergenerational Interpretative Dissonance, Marett Leiboff
Faculty of Law - Papers (Archive)
Building on Julius Stone's remark that jurisprudence is law's extroversion (or extraversion), this essay explores the consequences that flow from the loss of a shared humanities discourse by lawyers. In adapting the concept of extraversion to those things about us in the world, the essay considers the finding of an empirical study, Law's Gens Project, which revealed a profound, almost seismic shift in what different generational groupings of lawyers know, based in the humanities, placing this point of rupture squarely in the 1970s. Drawing on allusions and cultural references used in judgments, this project reveals how these cultural markers affect …
Understanding Imf Stand-By Arrangements From The Perspective Of International And Domestic Law: The Experience Of Venezuela In The 1990s, Gabriel Garcia
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 …
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 …
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.
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 …
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.
"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. …
Enforcing Animal Welfare Law: The Nsw Experience, Keely Boom, Elizabeth Ellis
Enforcing Animal Welfare Law: The Nsw Experience, Keely Boom, Elizabeth Ellis
Faculty of Law - Papers (Archive)
As animal law in Australia is a relatively new field, there has been little research into the operation of State and Territory animal welfare legislation. Yet to understand any area of law requires not only knowledge of the relevant legislation and cases but also an appreciation of how the law 'in the books' is interpreted and applied. This is particularly important in a field where the regulatory subjects lack any direct legal claim and are unable to articulate their own experience. The abdication by governments of responsibility for much of the law enforcement in this field makes it even more …
Law, Cosmopolitan Law, And The Protection Of Human Rights, Sarah Sorial
Law, Cosmopolitan Law, And The Protection Of Human Rights, Sarah Sorial
Faculty of Law - Papers (Archive)
In Between Facts and Norms, Habermas articulates a system of rights, including human rights, within the democratic constitutional state. For Habermas, while human rights, like other subjective rights have moral content, they do not structurally belong to a moral system; nor should they be grounded in one. Instead, human rights belong to a positive and coercive legal order upon which individuals can make actionable legal claims. Habermas extends this argument to include international human rights, which are realised within the context of a cosmopolitan legal order. The aim of this paper is to assess the relevance of law as a …
Australian Approaches To International Environmental Law During The Howard Years, G. L. Rose
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.
The Criminal Justice System And The Rule Of Law, Donna Spears
The Criminal Justice System And The Rule Of Law, Donna Spears
Faculty of Law - Papers (Archive)
In everyday use, the rule of law is often equated with law and order - the idea that people should obey the law. However, as Bottomley and Parker observe, while law and order might be an aspect of some conceptions of the rule of law, it is not really at the heart of it.' They suggest that the rule of law is valued because it is thought to curb the power of government, protect the rights and liberties of citizens and promote personal autonomy, in that individuals can predict the circumstances in which government will interfere with their lives.
Australian Counter-Terrorism Offences: Necessity And Clarity In Federal Criminal Law Reforms, G. L. Rose, D. Nestorovska
Australian Counter-Terrorism Offences: Necessity And Clarity In Federal Criminal Law Reforms, G. L. Rose, D. Nestorovska
Faculty of Law - Papers (Archive)
This article analyses the wide-ranging reform of Australian criminal law related to terrorism. It compares the definition of terrorism utilised in recent legislation to the emerging international standard and tests the new federal crimes against the criteria of legislative necessity and clarity. It concludes that the reforms were in fact necessary in the sense of filling prior gaps and inadequacies in the criminal law but that some of the new provisions lack clarity and will pose conundrums for law enforcement.
Enforcing Australian Law In Antarctica: The Hsi Litigation, Ruth A. Davis
Enforcing Australian Law In Antarctica: The Hsi Litigation, Ruth A. Davis
Faculty of Law - Papers (Archive)
Law enforcement in Antarctica is complicated by uncertainties regarding sovereignty and jurisdiction. In line with the usual practice of the Antarctic Treaty parties, Australia has generally refrained from enforcing its legislation for the Australian Antarctic Territory against foreigners. Recent litigation that attempts to enforce Australian whale protection laws against Japanese whalers in Antarctica represents a challenge to this traditional approach. The HIS Litigation highlights the ongoing difficulties faced by Australia in trying to effectively manage the Australian Antarctic Territory within the constraints of the Antarctic Treaty System. Using fisheries regulation and continental shelf delimitation as comparative examples, this commentary highlights …
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.
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.
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 …
The Extreme Makeover Effect Of Law School: Students Being Transformed By Stories, Cassandra E. Sharp
The Extreme Makeover Effect Of Law School: Students Being Transformed By Stories, Cassandra E. Sharp
Faculty of Law - Papers (Archive)
The relationship between law and popular culture has caused great interest among scholars over the years. It is a field that invites the merging of disciplinary boundaries and allows for plurality in the ways that law can be viewed. This paper seeks to view this relationship from the vantage point of the first year law student and to explore the representation and transformation of meaning about law and lawyering within the social and academic context of law school. Situated within the expanding scholarship on law and popular culture, this paper examines how the image of the lawyer is constructed and …
Developments In Australian Fisheries Law: Setting The Law Of The Sea Convention Adrift?, Warwick Gullett
Developments In Australian Fisheries Law: Setting The Law Of The Sea Convention Adrift?, Warwick Gullett
Faculty of Law - Papers (Archive)
Significant developments have recently occurred in the ongoing campaign by the Australian Government to combat illegal foreign fishing in Australian waters, particularly against Patagonian toothfish poaching. On 22 March 2004 significant amendments to Australia’s fisheries laws were passed by the Commonwealth Parliament to improve regulatory efficiency and combat illegal foreign fishing in the Australian Fishing Zone (AFZ). In addition, on 12 March 2004 the Federal Court of Australia delivered a landmark decision in Olbers v Commonwealth of Australia (No 4) [2004] FCA 229 concerning the automatic forfeiture of foreign vessels to the Commonwealth of Australia at the time when a …
Prompt Release Procedures And The Challenge For Fisheries Law Enforcement: The Judgement Of The International Tribunal For The Law Of The Sea In The 'Volga' Case (Russian Federation V Australia), Warwick Gullett
Faculty of Law - Papers (Archive)
On 23 December 2002, the International Tribunal for the Law of the Sea ('ITLOS') ordered the prompt release of the Russian 1ongline fishing vessel Volga, at the time detained by Australian authorities in Fremantle, upon the posting of a bond or other security of A$l 920 000. The Volga was arrested for allegedly fishing without authorisation by a boarding party from the Royal Australian Navy frigate HMAS Canberra in the Australian Exclusive Economic Zone ('EEZ') surrounding Heard and McDonald Islands in the Southern Ocean on 7 Februarv 2002. At issue in the ITLOS proceedings was not whether the activities of …
The Precautionary Principle In Australia: Policy, Law And Potential Precautionary Eias, Warwick Gullett
The Precautionary Principle In Australia: Policy, Law And Potential Precautionary Eias, Warwick Gullett
Faculty of Law - Papers (Archive)
The precautionary principle has been adopted in such a widespread fashion that it is now difficult to find in either the international environmental arena or countries with advanced environmental protection frameworks an environmental policy document, a new environmental law, or even a political statement about environmental management that does not include a reference to the principle or reflect some of the core ideas of the precautionary concept. References to the principle can be found in documents produced by organizations such as the European Environment Agency, the World Trade Organization, and of course the United Nations; in numerous environmental treaties ranging …