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Courts

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2013

University of Wollongong

Articles 1 - 2 of 2

Full-Text Articles in Law

The Prosecution Of Pirates In National Courts, Robin M. Warner Jan 2013

The Prosecution Of Pirates In National Courts, Robin M. Warner

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

The substantial rise in piracy incidents off the Horn of Africa since 2008 has exposed significant gaps in the international law framework for investigation and prosecution of piracy offences and its implementation in national criminal justice systems. This article examines the principal elements of this framework including the definition of piracy and associated obligations in the 1982 United Nations Convention on the Law of the Sea (LOSC). It reviews progress towards criminalisation of piracy offences in national legislative systems and distinctive trends in piracy legislation around the world. It also examines key features of the jurisprudence emerging from the regional …


Book Review: Desmond Manderson: Kangaroo Courts And The Rule Of Law. The Legacy Of Modernism. Routledge, Abingdon 2012., Luis Gomez Romero Jan 2013

Book Review: Desmond Manderson: Kangaroo Courts And The Rule Of Law. The Legacy Of Modernism. Routledge, Abingdon 2012., Luis Gomez Romero

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

Kangaroo Courts represents the height of the recent work that Desmond Manderson has developed around the nexus between ‘law and literature’ and the rule of law. Manderson’s approach to this matter is unique in taking seriously both literary theory and the aesthetic aspects of literary texts—strange though it may seem, this is an authentic revolution in the field of law and literature. Manderson rightly observes that back to their very origins the discourses constructed around the conjunction of ‘law and literature’ have suffered from two structural weaknesses: first ‘a concentration on substance and plot’ and second ‘a salvific belief in …