Law Commons^™

Aussie Lad Or Chinese Scholar?, Kate Bagnall

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

In the winter of 1882, the parents of fiveyear- old Jimmie Minahan packed up their home in the small mining settlement of Indigo in northern Victoria and made their way south to Melbourne.

Imaginary Islands?: Options To Preserve Maritime Jurisdictional Entitlements And Provide Stable Maritime Limits In The Face Of Coastal Instability, Clive Schofield, I Made Andi Arsana

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

The inundation of a disputed island in the Bay of Bengal in March 2010 was reported as an unlooked for benefit of climate change, eliminating the object of a contentious bilateral dispute. In fact this has not proved to be the case and the incident instead highlights the vulnerability of certain low-lying coastlines and insular features to significant and rapid changes in location, whether caused by sea level rise or not. While acknowledging ongoing debates on climate change and sea level rise, the paper examines key challenges in this context, notably concerning the ambulatory nature of normal baselines and the …

Coastal State Regulation Of Navigation In Adjacent Waters - The Example Of The Torres Strait And Great Barrier Reef, Sam Bateman

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

Australia has established a compulsory pilotage regime for the Torres Strait and Inner Route of the Great Barrier Reef. The introduction of the regime for the Torres Strait was controversial. It was opposed by other countries on the grounds that compulsory pilotage in the strait was contrary to the UNCLOS regime of transit passage through straits used for international navigation. Australia has now submitted a proposal to the International Maritime Organization (IMO) to extend its mandatory ship reporting system for the Great Barrier Reef to include the southernmost part of the Great Barrier Reef Particularly Sensitive Sea Area (PSSA). These …

A Seabed Scramble: A Global Overview Of Extended Continental Shelf Submissions, Robert Van De Poll, Clive Schofield

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

Early 2009 saw a flurry of submissions of information on proposed outer continental shelf limits to the United Nations Commission on the Limits of the Continental Shelf (CLCS). It is evident that many of these submissions overlap with one another where neighbouring States are located on shared continental margins, thereby giving rise to multiple „new‟ outer continental shelf boundaries and, it would appear, potential outer continental shelf boundary disputes. The paper provides a global overview of the impact of extended continental shelf submissions. These substantial „additional‟ areas of continental shelf may contain valuable seabed resources, including hydrocarbons. However, development of …

Capitalizing A Future Unsustainable: Energy, Finance And The Fate Of Market Civilization (Video Podcast), Timothy Dimuzio

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

Debates on peak oil and other non-renewable energy resources that power modern industrial economies are becoming well known - if only in caricature.

The World’S Affluent Playground: Dubai’S Architecture Of Doom And The Future Of Globalized Social Reproduction, Timothy Dimuzio

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

During the two major oil price spikes in the 1970s, dollars earned from Middle Eastern oil were largely recycled through banks in the United States and Britain. Much of this money would go to finance a burgeoning arms trade and a number of highly dubious ‘development’ projects that eventually contributed to what was then called the ‘Third World debt crisis’. In the post-911 world, a renewed and dramatic spike in the price of oil encouraged similar activities and a similar crisis. There are, however, considerable differences worth exploring. One such difference is how the Emir of Dubai, with the knowledge …

Capitalizing A Future Unsustainable: Global Energy And The Fate Of Market Civilization, Timothy Dimuzio

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

Liberal capitalist polities are being held up as the ultimate civilizational achievement precisely at a point in time when the energy intensive built environments & rampant & senseless consumerism of these societies are threatened by ecological devastation & the coming end of cheap & abundant fuel. Throughout the twentieth century this pattern of high energy consumption social reproduction was largely shaped by the global energy industry & the industries it spawned and/or allowed to flourish. Yet due to a number of foreseeable, if not entirely predictable, future obstacles & challenges, this blueprint of development seems doomed to failure. However, despite …

Crossover Audiences In The Aftermath Of Slumdog Millionaire, Sukhmani Khorana

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

Deepa Mehta’s Water (2005) set a precedent in terms of the crossing of geographic and cinematic boundaries by a diasporic creative practitioner. Danny Boyle’s Slumdog Millionaire (released in 2008) seems to have takes the notion of the “crossover film” a step further by winning critical and popular acclaim throughout the world. It is for this reason that I will compare the critical and box office performance, as well as the publicity of the two films to better understand the crossover potential of diasporic films.

Unlike Water, Slumdog Millionaire was able to get past the “foreign language film” category (both in …

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 …

Saltwater Cowboys: Life In A Time Of Death And Destruction, Lisa Slater

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

This paper begins at the Derby (western Kimberley, WA) bull rides, where young Aboriginal men compete to be champion bull riders - with the prize of a social status akin to an AFL football star. The abundance of life performed in this arena lies in stark contrast to the too often rehearsed appalling health and social statistics, which has produced policies such as the Northern Territory National Emergency Response, Shared Responsibility Agreements and 'Close the Gap'. Too many Indigenous Australians are in a state of relentless poverty, which is responded to with shortsighted instrumentalist policies. Achille Mbembe argues that the …

Opposing Surveillance, Brian Martin

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

Local critics of surveillance abuses may come under increased surveillance themselves. Exposing surveillance is crucial to challenging it. Those who oppose surveillance are said to be defending criminals, terrorists, and pedophiles. A really effective agency, one that gets in the way of poLocal critics of surveillance abuses may come under increased surveillance themselves. Exposing surveillance is crucial to challenging it. Those who oppose surveillance are said to be defending criminals, terrorists, and pedophiles. A really effective agency, one that gets in the way of powerful interests, is likely to have its funding cut. If the rich and powerful want surveillance, …

Making Sausages And Law: The Failure Of Animal Welfare Laws To Protect Both Animals And Fundamental Tenets Of Australia's Legal System, Elizabeth J. Ellis

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

Laws are like sausages. It is better not to see them being made.

The above aphorism, attributed to Bismarck, was quoted by Philip Ruddock when addressing lawyers in 2007 on the subject of law reform. Interestingly, Mr Ruddock also referred to the rule of law in the same speech. Apparently the juxtaposition of the rule of law with a preference for secret law-making did not strike the (then) federal Attorney-General as odd. Perhaps this is unsurprising: the rule of law is commonly invoked for effect and may be used for a multitude of purposes. For this, and other reasons, the …

¿Jueces Guerrilleros? La Interpretación Judicial Vista Desde La Izquierda, Luis Gomez Romero

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

Nota introductoria. Interpretación judicial y política Los jueces hacen política1. “Hasta ahora”, señala Alf Ross sobre el particular, “la política jurídica ha sido principalmente considerada como política legislativa. Pero el derecho no es creado únicamente por el legislador [...] toda administración de justicia contiene un punto de decisión que va más allá de la actividad intelectual” (Ross, 1994: 321). En otras palabras, la administración de justicia (y, consecuentemente, la interpretación judicial del derecho que es presupuesto de ésta) no es una labor meramente intelectual o cognoscitiva, sino que se caracteriza por un elemento volitivo que la vincula en forma definitiva …

Enacting Is Enough: Commentary On Dave Ward's 'The Agent In Magenta', Erik Myin, Daniel D. Hutto

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

In the action-space account of color, an emphasis is laid on implicit knowledge when it comes to experience, and explanatory ambitions are expressed. If the knowledge claims are interpreted in a strong way, the action-space account becomes a form of conservative enactivism, which is a kind of cognitivism. Only if the knowledge claims are weakly interpreted, the action space-account can be seen as a distinctive form of enactivism, but then all reductive explanatory ambitions must be abandoned.

The Crevice, Madeleine T. Kelly

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

In these works, inspired by a trip to the Kimberley, the crevice functions in a number of conceptual ways; the form of the crevice lends shape to the split, and the dialectic of the split—a term that implies rupture and limitation—is expressed initially through this form. The vertical natural walls of a crevice correspond to built walls; as a site conflating the ‘natural’ and the ‘cultural’, they suggest the cultural structures that enclose us and dictate our paths (such as money and finite resources).

Since landscape is the locus upon which we form our collective memory—both the expression of our …

Fairy Knoll; Johais Hancock And An Apparition In The Sky; Light Well Conduit - Works Of Art Exhibited In The Exhibition The Ipswich House: Heritage House Portraits By Contemporary Queensland Artists, Madeleine T. Kelly

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

On its completion in 1901, Thoman Hancock Junior's grand residence, Fairy Knoll, afforded an enviable view of Ipswich and its surrounds. Its prestigious hill top site overlooking Limestone Park amply reflected the position occupied by the Hancock family in Ispwich society and the material culmination of Hancock's successful business career as a timber merchant.

Production Values: Fordism And Formalism In North By Northwest, Michael R. Griffiths

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

This essay analyzes the aesthetics of capitalist economics at the threshold of the transition from fordist to postfordist modes of production. The essay organizes this analysis around a close reading of Alfred Hitchcock's 1959 film North by Northwest. At stake is the relation between aesthetic productions which engage the economic base and thematize this engagement. In making this claim, the notion of capital's "axiomatic"--a concept by which Gilles Deleuze and Felix Guattari designate the relative autonomy of the economic base--is employed to examine the way that, from as early as the 1950s, U. S. capitalism's prodigious industries of entertainment and …

“The Tame From The Wild”: Handling Political Economies Of Life At The Emergence Of Capital, Michael R. Griffiths

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

At least since Aristotle, representations of animality in fictions of the economy have skirted the bounds of allegorical and mimetic modes or (to employ a distinction consonant with the old terms of the Great Chain of Being) those of analogy and emulation. For Defoe’s Robinson Crusoe, animals as living beings must be consigned to the status of “tame” chattel property. They are also relied upon as the bases for economic arguments from the “analogy of animals.” Inscriptions of species difference in such arguments often conceal material origins within genres that appear entirely analogical or allegorical. At times, ironically, scholarly efforts …

"Radical History And Rebel Voices", Ingeborg Elisabeth Van Teeseling

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

Book review of:

Terry Irving and Rowan Cahill. Radical Sydney: Places, Portraits and Unruly Episodes. Sydney: UNSW Press, 2010. 384 pp. A$39.95. ISBN 9781742230931

Editorial: What We Talk About When We Talk About 'The Underground', Lucas Ihlein

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

Editorial: In guest-editing this issue of Artlink, I have not been interested in unearthing the work of 'Australia's hottest young underground artists'. In time, they will unearth themselves, and they don't need my help. What I do want to talk about, and what some of the writers in this issue of Artlink tackle, are more literal under-ground phenomena: guerrilla gardening, mining and indigenous land claims, the digging of holes as a form of art, and ruminations on rubbish-filled ponds beneath city expressways. In other words, I'm interested in the underground as a relationship with (and under) the ground itself.

Four Poems, Yu Ouyang

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

Contains the poems Bad Blurbs, 2009, 'Australia' and World Atlas: A Random Fragmentary Selection

Nicholas B. Dirks' The Scandal Of Empire: India And The Creation Of Imperial Britain, Antonio Simoes Da Silva

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

Book review of Nicholas B. Dirks, The Scandal of Empire: India and the Creation of Imperial Britain. Cambridge, MA: The Belknap Press of Harvard University Press, 2006. xviii + 389 pp. ISBN: 0-674-02166-5 (hbk.).

Rosemary Raza, In Their Own Words: British Women Writers And India 1740-1857 (Review), Antonio Simoes Da Silva

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

Book review of:

Rosemary Raza, In Their Own Words: British Women Writers and India 1740- 1857. New Delhi, Oxford, and New York, NY: Oxford University Press, 2006. xxxii + 289 pp. ISBN: 978-0-19-5677080-9 (hbk.). £19.99; $35.00.

Introduction: Currents, Cross-Currents, Undercurrents, Frances Devlin-Glass, Antonio Simoes Da Silva

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

The similarities in an issue such as this one are often purely serendipitous; JASAL 10 brings together work submitted to a general, non-thematic issue and it should not surprise that the range of material is very diverse.

Softness, Yu Ouyang

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

Which is a two-character combination with a radical meaning...

Review: Ethics Of Internet Research: A Rhetorical Case-Based Approach, Andrew Whelan

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

Ethics of Internet Research is the 59th volume in the Digital Formations series published by Peter Lang and the first volume in that series dedicated to research ethics, a subject not substantively addressed by Digital Formations since 2003's Online Social Research. It is a good companion piece to Digital Media Ethics by Charles Ess, also released in 2009 but published by Polity Press, which concentrates on more 'structural' issues, such as copyright.

Picturing Buildings Through Niemeyer, Liz Linden

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

In the city of Niterói, just a short ferry ride from Rio proper, the Museu de Arte Contemporânea peeks out from the nondescript cityscape, a jumble of luxury high-rises, working-class bairros, and semi-anonymous megaplex shopping malls along the polluted beaches of Guanabara Bay. But for all these tourist attractions, Niterói's reputation rests instead on its assortment of buildings designed by legendary architect Oscar Neimeyer that pop-up throughout the city.

Arguably none is more iconic than the home of the Museu de Arte Contemporânea, perched on a green escarpment overlooking the water on a single thick pillar, the round white structure …

Joint Attention, Joint Action, And Participatory Sense Making, Shaun Gallagher

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

Developmentally, joint attention is located at the intersection of a complex set of capacities that serve our cognitive, emotional and action-oriented relations with others. It forms a bridge between primary intersubjectivity and secondary intersubjectivity consists in a set of sensory-motor abilities that allow us to understand the meaning of another person's movements, gestures, facial expressions, eye direction, and intentional actions, in the context of face-to-face interactions. These are the abilities that we first require in order to enter into joint-attentional situations. Once we are in situations of joint attention we are then able to further enhance our understanding of others, …

Eye And Ear To Soothe The Savage Heart, Madeleine T. Kelly

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

Tiny Little Wonderful Worlds (2010) was curated by Pat Hoffie and featured artists Zoe Porter, Abe Garcia, Dacchi Dang, Jennifer Herd, Madeleine Kelly, Gordon Hookey and Arryn Snowball.

This installation featured individual dioramas presented as a “peep show” at South Bank parklands. Based on South Bank’s new developments at a time of demolition of older aspects of the precinct, the work played on the imagination of what might unfold after the unveiling of the new developments behind the scrim surrounds erected to keep the public away.

News, Views And Agendas: Talkback Radio And Muslims, Jacqui Ewart, Julie N. Posetti

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

Talkback radio has the power to attract and repel, delight and disgust in equal measures. The talkback phenomenon is defined by the extension of an invitation from the presenter to the audience to participate in the programme by phoning in, SMS messaging or emailing their views, opinions and contributions. While much of the Australian research in this field has been preoccupied with the talkback radio host as shock-jock and celebrity,! little attention has been paid to the way audiences conceptualise the space and themselves within that space. We initially set out to explore how talkback radio programmes affected audiences' perceptions …