Law Commons^™

Ka Kohi Te Toi, Ka Whai Te Maramatanga: Te Arawa Partnership Proposal Hearings Validity Assessment Report, Hemopereki Simon

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

The following is a report of the results of a validity assesment as requested by Nga Uri o Ngati Whakaue in regards to research presented to date at the Te Arawa Partnership Proposal hearings currently taking place in Rotorua. This report has been complied by The Forum for Indigenous Research Excellence (FIRE) at The University of Wollongong (UOW). This short report is the forerunner report to further research to be undertaken by members of FIRE on the topic of local government in New Zealand and the Te Arawa Partnership Proposal.

If You Don’T Like Looking At Wind Farms, Why Not Build Them At Sea?, Clive Schofield

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

The Australian government appears to be intent on scaling back wind farms in Australia. A Senate inquiry has recommended increasing regulation for wind farms in response to health concerns, and Prime Minister Tony Abbott recently commented to radio host Alan Jones that his government has managed to reduce the number of “these things” [wind turbines], but he personally would have preferred “to have reduced the number a whole lot more”.

But there’s another solution that would continue to build the capacity of wind energy while removing possible impacts on land-holders: put wind farms out to sea.

Introduction: Art And Activism In Post-Disaster Japan, Alexander Brown, Vera C. Mackie

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

On 11 March 2011, the northeastern area of Japan, known as Tōhoku, was hit by an unprecedented earthquake and tsunami. The disaster damaged the Fukushima Daiichi nuclear power plant, one of a number of such facilities located in what was already an economically disadvantaged region.2 This led to a series of explosions and meltdowns and to the leakage of contaminated water and radioactive fallout into the surrounding area. Around 20,000 people were reported dead or missing, with a disproportionate number from the aged population of the region. Nearly four years later, hundreds of thousands of people are still displaced: evacuated …

Children With Gender Dysphoria And The Jurisdiction Of The Family Court, Felicity Bell

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

Gender dysphoria is described as ‘[m]ental distress caused by unhappiness with one’s own sex and the desire to be identified as the opposite sex’. Gender dysphoria is distinguished from being intersex, the subject of a recent Australian Senate Committee report, which is referable to physical characteristics. It is also distinguished from gender non-conformism, gender diversity or transsexualism as, in addition to identifying and living as one’s non-natal gender, it involves ‘clinically significant distress’. Unfortunately, children with gender dysphoria (and indeed many gender diverse young people) are almost by definition at a high risk of depression and anxiety, as well as …

The Yeomans Project: Peri-Urban Field Work, Lucas M. Ihlein

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

Despite moves towards inner-urban consolidation, Australian cities continue to expand in girth. In the process, housing development transforms formerly rural land into "peri-urban" settlements. These transitional zones are often sites of contestation: they place pressure on local amenities and infrastructure, reveal limitations in transportation and food systems, and conflict with “lifestyle” values. In this paper I explore these tendencies through the lens of an art project about Australian farmer P.A. Yeomans. Between 1940 and 1980, Yeomans developed a system of organic farming - "Keyline" - optimised for the poor soils and low rainfall of Australian conditions. Keyline has been hugely …

Reaching Through To The Object: Reenacting Malcolm Le Grice’S Horror Film 1., Lucas M. Ihlein, Louise Curham

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

In July 2014 Teaching and Learning Cinema, an Australian artist group coordinated by Louise Curham and Lucas Ihlein, presented a reenactment of Malcolm Le Grice’s Horror Film 1 (1971) at Canberra Contemporary Art Space. A key work of Expanded Cinema, Horror Film 1 involves a live performer playing with shadows, interacting with the overlapping beams of three 16mm film projectors. Our reenactment was the first time in the work’s 40 year lifespan that it had been performed by anyone other than Le Grice himself. In this paper we offer some reflections on the process of making our reenactment, which we …

Malcolm Fraser’S Life And Legacy: Experts Respond, Alex Millmow, Andrew Jakubowicz, Anne-Marie Boxall, David Penington, Hannah Forsyth, Joanna Mendelssohn, Jo Caust, Liz Giuffre, Mark Beeson, Peter Whiteford, Simon Ville, Stephen Leeder, Vincent O-Donnell

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

Malcolm Fraser, Liberal prime minister between 1975 and 1983, passed away on Friday morning at the age of 84 after a brief illness. In a statement, Prime Minister Tony Abbott paid tribute to Fraser’s achievements in government, saying he:

… restored economically responsible government while recognising social change.

The Fraser government came to office after the constitutional crisis of 1975 triggered by the sacking of the Whitlam Labor government. In his time in office, Fraser oversaw the acceptance of southeast Asian refugees and the emergence of a multicultural Australia, but environmental battles were a factor in his government’s defeat in …

Why The World Is Wary Of China’S ‘Great Wall Of Sand’ In The Sea, Clive H. Schofield

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

China’s neighbours have accused it of destroying an estimated 120 hectares of coral reef systems in the disputed Spratly Islands through land reclamation. EPA/Armed Forces of the Philippines.

The leaders of Southeast Asian nations recently took the extraordinary step of warning China that its island-building activities in the contested South China Sea “may undermine peace, security and stability” in the region.

That’s strong language from the usually reticent 10-member Association of Southeast Asian Nations (ASEAN), and shows just how high tempers are flaring over what has been called China’s “great wall of sand” in a strategically important area.

The commander …

Papuans And Jokowi Are Hostage To Indonesian Politics, Stephen Hill

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

Indonesian President Joko Widodo recently announced the end of the decades-long restriction on foreign journalists in the provinces of Papua and West Papua, Indonesia’s territories in the island of New Guinea. While the president, popularly called Jokowi, says he is committed to human rights in the Papua provinces, the military and police continue to murder Papuans with virtual impunity.

Sbs Radio Should Look To Its Past To Nuture Its Future, Siobhan A. Mchugh, Jillian Hocking

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

For some 40 years, SBS Radio broadcasters have delivered homeland news to migrants, mediated Australian politics and culture, and provided a platform for Australia’s 200 or so ethnic communities. The most multicultural broadcaster in the world, going to air in 74 languages, its promulgation of social cohesion in an era of heightened ethnic and religious tensions provides lessons not just for Australia, but for any multicultural society.

Not that it started out with such lofty notions.

Its precursor, Radio Ethnic Australia, was launched as 2EA in Sydney on June 9, 1975 – 40 years ago today, in fact – and …

Words For Pam, Rowan Cahill

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

Words spoken by Rowan Cahill during the funeral service for his wife, Pamela Anne Cahill (1948-2015), Wednesday, 24 June 2015

Pam was born in Melbourne in January 1948.

She was variously my friend, partner, and wife since 1966.

The cause of her death was an unexpected and unforgiving brain aneurysm.

Pam was a remarkable person, and a teacher since 1970 in Sydney, and in the Southern Highlands of NSW, one whose skills and care and personality and modesty touched the lives of many.

For her it was not a matter of building a CV or of attaining promotion or power. …

Why We Are Not All Novelists, Shaun Gallagher

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

In this chapter I consider one of the necessary conditions for being a novelist, the ability to open up and sustain a fictional world. My approach will draw from psychopathology, phenomenology and neuroscience. Using the phenomenological concept of “multiple realities,” I argue that the novelist is in some ways like and in some ways unlike someone who experiences delusions insofar as the novelist can enter into a sustained engagement with an alternative reality. I suggest, however, that, compared with the delusional subject, the novelist has better control of the mechanisms that allow for this sustained engagement.

Australia's Constitution Works Because It Doesn't Define National Identity, Gregory C. Melleuish

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

When Australia’s Founding Fathers came together in the 1890s to draw up a constitution to enable the colonies to federate, what did they think they were doing? Looking at the debates and the Constitution itself, one thing is certain. They were not drawing up a document that defined what it means to be an Australian.

They were engaged in creating a document that would be acceptable to all parties and enshrined the political and legal principles which they had inherited from Great Britain. They looked to their British inheritance because they believed, quite correctly, that the (unwritten) British Constitution worked. …

Principles And Practice For The Equitable Governance Of Transboundary Natural Resources: Cross-Cutting Lessons For Marine Fisheries Management, Brooke M. Campbell, Quentin A. Hanich

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

Conflicts over the equitability of transboundary natural resource conservation and management schemes have created barriers to effective policy implementation and practice. In seeking to overcome these barriers in the context of progressing transboundary oceanic fisheries conservation, we explore the divide between equity as defined in principle and as applied in practice in international policy and law. Searching for cross-cutting lessons and themes, we first review multilateral environmental agreements to see how equity is commonly being defined, understood, and then applied in principle. From this analysis, we identify common elements that can facilitate the conceptual framing and application of equitable principles …

Stemming The Black Tide: Cooperation On Oil Pollution Preparedness And Response In The South China Sea And East Asian Seas, Robin M. Warner

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

As global hydrocarbon resources on shore steadily decline, there has been an increase in offshore hydrocarbon exploration and exploitation. Some estimates suggest that there are over 6,000 offshore oil and gas installations worldwide. Notwithstanding simmering disputes over the territorial sovereignty and associated maritime zones of a number of island groups in the South China Sea and adjacent East Asian seas, exploration for offshore oil and gas resources under national and joint development regimes has become a prominent feature of these areas. It is estimated that there are now over 1,390 offshore oil and gas installations in the South China Sea …

Critical Pedagogy And Social Inclusion Policy In Australian Higher Education: Identifying The Disjunctions, Jeannette Stirling, Colleen Mcgloin

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

Within neoliberalism, policy implementation assimilates issues of social justice, such as diversity, by incorporating them into frameworks that pay “lip service” to important issues affecting both students and educators. This paper critically engages with higher education policies in Australia dealing with social justice, diversity, and social inclusion. Our discussion draws largely from Freirian pedagogy as well as a selective range of critical theorists to consider what we see as a radical disconnection between policy and practice in our teaching. We argue that this disjunction can adversely affect students and educators and that attention to policy’s limitations is necessary in efforts …

Radical Clowning: Challenging Militarism Through Play And Otherness, Majken J. Sorensen

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

During the last decade, radical clowning has become an increasingly popular tactic among participants in the global justice movement in the western world. In order to discuss how radical clowns differ from conventional clowns and what they have in common, radical clowning can be interpreted through the lenses of clown theory and the four concepts of play, otherness, incompetence, and ridicule. Ethnographic data from the Swedish anti-militarist network Ofog reveals how play and otherness contribute to radical clowns’ attempts to communicate nonviolent values, negotiate space, and recognize the human in the other. The findings demonstrate one way that humor can …

Social Networks As Sites Of E-Participation In Local Government, Travis Holland

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

This paper proposes that electronic social network sites (SNS) make visible forms of participatory behaviour to which local governments must respond. Groups and individuals – publics – operating in diverse ways for diverse purposes, propagate and respond to communication by local governments via SNS and, in doing so, practice electronic e-participation. In addition to alternate channels of communication, SNS can facilitate alternate forms of participatory behaviour online, but there is little alignment between public perceptions of these emerging practices and local government behaviours in the same space. The publics seeking to engage with local governments on SNS, expect that their …

"Cookie" And "Jungle Boy": A Historical Sketch Of The Different Cooks For Different Folks In British Colonial Southeast Asis, Ca. 1850-1960, Cecilia Y. Leong-Salobir

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

This article advances the historiography on food and colonialism by using the categories of race, class and masculinity to highlight how social distinctions that were carefully maintained in the domestic sphere became blurred when colonials ventured into the field. South East Asian cooks, known as “Cookie,” were responsible for food preparation in colonial households of Malaysia and Singapore. It was their culinary skills and knowledge of local food supplies that helped develop a hybrid colonial cuisine. Other male servants in British Borneo, called simply “boys” in household, acquired the role of “jungle boys” when accompanying their colonial employers on travel …

Strengthened Enforcement Enhances Marine Sanctuary Performance, Brendan P. Kelaher, Andrew Page, Matt Dasey, David Maguire, Andrew D. Read, Melinda A. Coleman

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

© 2015 The Authors. Marine sanctuaries are areas where the extraction of biota is not permitted. Although most marine sanctuaries have a positive influence on biotic communities, not all sanctuaries are meeting their conservation objectives. Amidst possible explanations (e.g., size, age and isolation), insufficient enforcement is often speculated to be a key driver of marine sanctuary underperformance. Despite this, there are few studies directly linking quantitative enforcement data to changes in biotic communities within marine sanctuaries. Here, we used an asymmetrical-BACI experimental design from 2006-2012 to test whether new enforcement initiatives enhanced abundances of target fishes and threatened species in …