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Full-Text Articles in Social and Behavioral Sciences

Panel 2- Regulation, Policy Recommendations And Responses, Jonathan Clough, Scott Mellis, Simon Brown, Graham Ingram, Alana Maurushat, Katina Michael, Jason Ryning Nov 2013

Panel 2- Regulation, Policy Recommendations And Responses, Jonathan Clough, Scott Mellis, Simon Brown, Graham Ingram, Alana Maurushat, Katina Michael, Jason Ryning

Professor Katina Michael

A roundtable to be held on cybercrime at ANU. Panel 1 to be on the changing nature of cybercrime: threat and trend update. Panel 2 on regulation, policy recommendations and responses. Panel 3 on technical measures to combat cybercrime. Panel 4 on the investigation of cybercrime and victimisation. Panel 2 to be keynoted by Keith Besgrove (DBCD) and chaired by Jonathan Clough.


U.S.-Latin American Free Trade Agreements And Access To Medicine, Dominique Lochridge-Gonzales Aug 2013

U.S.-Latin American Free Trade Agreements And Access To Medicine, Dominique Lochridge-Gonzales

Dominique Lochridge-Gonzales

U.S.-Latin American Free Trade Agreements and Access to Medicine analyzes the effects of FTA provisions on access to medicine. Access to medicine lies at the heart of the crossroads between the international human right to health and international intellectual property law delineated in TRIPS. True availability of essential medicines to millions of people depends on a balance between the formations of these medicines in the first place (through rewarding innovation) and promulgating rules that allow for practicable access to those medicines. FTAs provide a method for implementing the right to health by fostering practicable access to essential medicines in the …


Migration And International Law: The Pacific Solution Mark Ii, Charles Hawksley, Nichole Georgeou Dec 2012

Migration And International Law: The Pacific Solution Mark Ii, Charles Hawksley, Nichole Georgeou

Nichole Georgeou

This is Case Study Number 18 in the Hawksley and Georgeou edited book 'The Globalization of World Politics' (OUP, 2013).


Invisible Ink In The Eighth Arrondissement, Karl T. Muth Dec 2008

Invisible Ink In The Eighth Arrondissement, Karl T. Muth

Karl T Muth

IMPORTANT: This document may prompt you for a username and password. If this occurs, please simply click "cancel" and the document will load. Thank you. This Article deals with the history of the secret contract that governs the distribution of economic rents enjoyed by Formula One. It further explores the environment in which this secret contract evolved and briefly discusses applications for secret contracts in other scenarios and industries.


Chronicles Of A Failure: From A Renegotiation Clause To Arbitration Of Transnational Contracts, Luigi Russi Dec 2007

Chronicles Of A Failure: From A Renegotiation Clause To Arbitration Of Transnational Contracts, Luigi Russi

Luigi Russi

The present paper recounts the various steps which parties to a transnational contract containing a renegotiation clause may need to go through, should the circumstances accounted for in the renegotiation clause come to existence. To this end, the article sets off from an outline of the most relevant structural features and functions of renegotiation clauses, and of the typical obligations which may derive therefrom.

Secondly, the paper’s focus narrows down to the – by no means infrequent – case of failure to renegotiate in presence of an arbitration clause governing the parties’ agreement. In the latter case, in particular, several …


If Afghanistan Has Failed, Then Afghanistan Is Dead: ‘Failed States’ And The Inappropriate Substitution Of Legal Conclusion For Political Description, David D. Caron Dec 2004

If Afghanistan Has Failed, Then Afghanistan Is Dead: ‘Failed States’ And The Inappropriate Substitution Of Legal Conclusion For Political Description, David D. Caron

David D. Caron

A Bush Administration memorandum argued that the Geneva Conventions did not apply in Afghanistan because Afghanistan was no longer a state and therefore no longer a party to those treaties. This article argues both that there is not precedent for such a "failed state" doctrine and that it is, as a normative matter, not a desirable doctrine. It is argued that the memorandum inappropriately jumped from the political science description of a state that can no longer deliver basic services to the legal conclusion that the state no longer existed. A step taken despite the fact that no state (including …