Law Commons^™

Out Of The Blue: An Act For Australia's Oceans, Chris Smyth, Meg Lee, Rob Prof Rob Fowler, Gregory L. Rose, Marcus Haward

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

The National Environmental Law Association (NELA) and the Australian Conservation Foundation (ACF) have prepared Out of the blue to initiate public discussion about the future of Australia’s oceans laws, planning and management.

NELA is a multi-disciplinary national organisation with the objectives of furthering the role of environmental law in Australia and serving the needs of practitioners in law, planning, natural resources and environmental management, environmental science and environmental impact assessment to obtain and exchange information on issues relevant to environmental law and policy.

One of its themes is to focus on the harmonisation of environmental laws across Australia. ACF is …

Labour Intellectuals In Australia: Modes, Traditions, Generations, Transformations, Terence H. Irving, Sean Scalmer

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

The article begins with a discussion of labour intellectuals as knowledge producers in labour institutions, and of the labour public in which this distinctive kind of intellectual emerges, drawing on our previously published work. Next we construct a typology of three ‘‘modes’’ of the labour intellectual that were proclaimed and remade from the 1890s (the ‘‘movement’’ the ‘‘representational’’, and the ‘‘revolutionary’’), and identify the broad historical processes (certification, polarization, and contraction) of the labour public. In a case study comparing the 1890s and 1920s we demonstrate how successive generations of labour intellectuals combined elements of these ideal types in different …

Indigenous Courts And Justice Practices In Australia, E Marchetti, Kathleen Daly

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

Indigenous participation in sentencing procedures has been occurring informally in remote communities for some time. During the late 1990s, formalisation of this practice began in urban areas with the advent of Indigenous sentencing and Circle Courts. Formalisation has also occurred in remote areas. The aim has been to make court processes more culturally appropriate, to engender greater trust between Indigenous communities and judicial officers, and to permit a more informal and open exchange of information about defendants and their cases. Indigenous people, organisations, elders, family and kin group members are encouraged to participate in the sentencing process and to provide …

Australia's Regulation Of Genetically Modified Crops: Are We Risking Sustainability?, Fern Wickson

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

The commercialisation of genetically modified (GM) crops is being accompanied by a debate with scientific, social, ethical, legal and metaphysical dimensions. In the face of this complex debate, governments need to regulate GM crops in a way that minimises negative impacts on biological and social environments. This paper is a critical examination of Australia's regulatory framework for the deliberate environmental release of GM crops, specifically in terms of its ability to advance ecologically and socially sustainable agriculture. Following a description of the novel nature of GM crops, I discuss how the approach selected, the definition of key terms and the …

Of A 'Contested Ground' And An 'Indelible Stain': A Difficult Reconciliation Between Australia And Its Aboriginal History During The 1990s And 2000s, Lorenzo Veracini

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

This article proposes an interpretative narrative of the evolution of Aboriginal history as a scholarly enterprise during the 1990s and in more recent years. The 1990s were characterised by attempts to synthesise the interpretative traditions resulting from previous decades of scholarly activity. In more recent years, the debate has shifted dramatically, dealing specifically with the genocidal nature of white Australia's policy towards Aboriginal peoples. The most important passages in this process are associated with the 1992 Mabo decision by the Australian High Court and the publication of the Bringing them home report of 1997.

Promoting The Ideals Of Integration And Diversity. Media Coverage Of Special Olympics Australia, Stephen J. Tanner, Sandy Haswell, Mandy Lake

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

Australia's media organisations have long had an obsession with the exploits of our sporting 'champions', both on and off the field. This coverage is often said to be a response to the demands of a sports-mad nation. In a society in which sport is often considered a symbol of unity and integration, this paper investigates whether the media (1) contributes to the spirit of diversity by covering sport involving people with intellectual disabilities, and (2) encourages greater awareness of disability issues by writing with authority and understanding, or instead promotes elitism by focusing on so-called 'real sports' that feature able-bodied …

"Kissing The Noose Of Australian Democracy": Misplaced Faiths And Displaced Lives Converse Over Australia's Rising Fences, Gay Breyley

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

No abstract provided.

Towards A Legal Framework For A Single National Ballast Water Management Scheme In Australia, Ben M. Tsamenyi, Stuart B. Kaye, Alison Castle

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

Introduced Marine Pests (IMPs) pose a serious threat to marine biodiversity in Australia. There are many ways pests are introduced into the marine environment. The major vectors for IMPs are ballast water, ship fouling, accidental introductions due to mariculture and deliberate introduction. The focus of this paper is on the administrative and legislative response to the introduction of IMPs through ballast water. Historically, ballast water accounts for only 15-20 per cent of the invasive marine species found in Australia. Ballast water is, however, becoming the major threatening vector in the last two decades. The current ballast water legislative and administrative …

Protecting Australia's Maritime Borders: The Mv Tampa And Beyond, Ben M. Tsamenyi, Christopher Rahman

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

The protection of Australia's maritime borders and sovereign interests at sea has, in recent times, increasingly become a leading national security issue. The arrangements for surveillance and enforcement in Australia's maritime zones have seemingly been in almost constant review in what has become a highly politicised issue. Furthermore, the increased incidence of seaborne illegal migration attempts in late 2001, together with the events of 11 September of that year has focused public, as well as official, attention upon all aspects of what has come to be known as "homeland security." Homeland security is a complex issue, and the problems associated …

Australia On The Small Screen 1970-1995: The Complete Guide To Tele-Features And Mini-Series (Book Review), Margaret Nixon

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

Book review of: Australia on the Small Screen 1970-1995: The Complete Guide to Tele-Features and Mini-Series by Scott Murray. Melbourne: Oxford University Press, 1996. Pp.248; index. £14.99 (paperback). ISBN 0 195 53949 4

Australia And The Convention For The Regulation Of Antarctic Mineral Resource Activities (Cramra), Sam Blay, Ben M. Tsamenyi

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

Australia, a leading Antarctic state that played a key role in negotiating the Convention for the Regulation of Antarctic Mineral Resource Activities, in May 1989 announced its opposition to the Convention and adoption instead of a World Park or Wilderness Reserve concept for Antarctica. This article examines possible environmental and economic reasons for Australia's attitude, which is likely to have significant implications for the future of the Convention and for the Antarctic Treaty System as a whole. -Authors

Hunger Strikes And The State's Right To "Force Feed": Recent Australian Experience, Mark Findlay

Research Collection Yong Pung How School Of Law

Whether or not it is the nature of the protest itself which makes it unsuitable for resolution in a court-room situation, the case law relating to "hunger strikes" (and State's response) is both sparse and insignificant. Perhaps on the basis of its uniqueness alone, the case of Schneidas v. Corrective Services Commission(New South Wales) and Others should be of particular interest to jurists on both sides of the Irish border.