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Full-Text Articles in Law
Legal Duties As Part Of The Governance Framework For Incorporated Associations: A Comparative Analysis, Kim Weinert
Legal Duties As Part Of The Governance Framework For Incorporated Associations: A Comparative Analysis, Kim Weinert
Kim Weinert
Incorporated associations are founded by, and subsequently operate exclusively on, the collective action of individuals, which is largely voluntary and motivated by altruistic goals. This article will examine through doctrinal analysis the statutory duties and common law obligations of an incorporated association. In examining these specific legal duties, this article will reveal the lack of consistency across Australian jurisdictions, and gaps in how the law regulates the conduct of committee members within an incorporated association. Furthermore, this article will consider whether an officer of an incorporated and unincorporated association is a fiduciary — and, if this is so, whether this …
Yours, Mine, And Ours: The Development, Management And Protection Of Intellectual Property In Third-Sector Enterprise, Elizabeth Spencer, Francina Cantatore
Yours, Mine, And Ours: The Development, Management And Protection Of Intellectual Property In Third-Sector Enterprise, Elizabeth Spencer, Francina Cantatore
Francina Cantatore
Effective intellectual property (IP) management is an important aspect of good governance. There has been little research on IP management in the third sector and the challenges faced by these enterprises in developing, managing and protecting IP. This article explores the landscape of IP in third-sector enterprise. It outlines the challenges in developing and managing IP. and the reasons why IP may be under-managed. From a theoretical perspective this article will contribute to the literature available in this field and provide a foundation for further research. Debate about IP taw is polarised, but it is hoped that "a balanced approach …
Australia And Maritime Security In The Northeast Indian Ocean, Chris Rahman
Australia And Maritime Security In The Northeast Indian Ocean, Chris Rahman
Chris Rahman
Maritime security is vital to Australia and its neighbours in the ASEANAustralia- India "triangle" - or the area of the northeast Indian Ocean. It has become a leading sphere for the construction of deeper forms of security cooperation. Nonetheless, both the "region" in question and the topic of maritime security itself are underdeveloped ideas in the context of rapidly developing relationships. Therefore, the approach pursued in this chapter focuses on four themes. First, the maritime nature of the area's geography is established. Second, different perspectives on maritime security are introduced, with an emphasis on non-traditional factors, including responses to the …
The U.S. Strategic Relationship With Australia, Jack Mccaffrie, Christopher Rahman
The U.S. Strategic Relationship With Australia, Jack Mccaffrie, Christopher Rahman
Chris Rahman
Australia has hosted U.S. bases or troops for most of rhe last seventy years, beginning in the early part of the Second World War in the Pacific. Ironically, the arrival of American troops in Australia was at least partly the result of the failure of the "Singapore strategy," whereby the Royal Navy's Singapore naval base was to support any British fleet sent to the Far East in the event of a war with Japan. Seventy years on, Australia still hosts U.S. defense facilities and U.S. forces continue to visit-primarily now for exercises. Map 4 depicts major facilities utilized at present.
Refuge From Climate Change-Related Harm: Evaluating The Scope Of International Protection Within The Common European Asylum System, Matthew Scott
Refuge From Climate Change-Related Harm: Evaluating The Scope Of International Protection Within The Common European Asylum System, Matthew Scott
Matthew Scott
Extreme weather events have the potential to cause serious harm and can contribute to displacement. Such events are expected to increase in frequency and/or intensity as a consequence of climate change. It is therefore of concern that there is widely considered to be a protection gap when affected individuals cross an international border. However, apart from a handful of cases in Australia and New Zealand, the contours of this perceived gap have not been fully explored in practice. In its judgment in Teitiota v Chief Executive of the Ministry of Business Innovation and Employment, the High Court of New Zealand …
Securing Maritime Australia: Developments In Maritime Surveillance And Security, Clive Schofield, Ben Tsamenyi, Mary Ann Palma
Securing Maritime Australia: Developments In Maritime Surveillance And Security, Clive Schofield, Ben Tsamenyi, Mary Ann Palma
Professor Ben M Tsamenyi
A long coastline and extensive maritime claims mean that Australia benefits from and has responsibility for an enormous maritime jurisdiction.Within this offshore area Australia faces significant, varied, and complex maritime security and ocean policy challenges. In response, Australia has taken a number of innovative steps toward enhancing its maritime security. This article will review Australia’s past practice together with some of the more recent developments in this context, particularly efforts to enhance offshore maritime surveillance and enforcement, such as the creation of the Taskforce on Offshore Maritime Security and Border Protection Command, establishment of the Australian Maritime Identification System, and …
The 1997 Australia-Indonesia Maritime Boundary Treaty: A Secure Legal Regime For Offshore Resource Development?, Max Herriman, Ben Tsamenyi
The 1997 Australia-Indonesia Maritime Boundary Treaty: A Secure Legal Regime For Offshore Resource Development?, Max Herriman, Ben Tsamenyi
Professor Ben M Tsamenyi
The Treaty between the Government of Australia and the Government of the Republic of Indonesia Establishing an Exclusive Economic Zone Boundary and Certain Seabed Boundaries was signed in Perth, Australia, on March 14, 1997. The Treaty establishes an area of overlapping jurisdiction in the Timor Sea in which the exclusive economic zone of Indonesia overlays the continental shelf of Australia. Although the 1992 United Nations Convention on the Law of the Sea does not provide well for such a situation, and many other provisions of the Law of the Sea Convention relate to the coastal state in a manner which …
Integrated Maritime Enforcement And Compliance In Australia, Ben Tsamenyi, Anthony Bergin, Derek Woolner, Sam Bateman
Integrated Maritime Enforcement And Compliance In Australia, Ben Tsamenyi, Anthony Bergin, Derek Woolner, Sam Bateman
Professor Ben M Tsamenyi
No abstract provided.
Enhancing Fisheries Rights Through Legislation - Australia's Experience, Ben Tsamenyi, A Mcilgorm
Enhancing Fisheries Rights Through Legislation - Australia's Experience, Ben Tsamenyi, A Mcilgorm
Professor Ben M Tsamenyi
No abstract provided.
Developments In Global Fisheries To 2020: Implications For Australia's Fisheries Interests And Enforcement Obligations, Ben Tsamenyi, Kwame Mfodwo
Developments In Global Fisheries To 2020: Implications For Australia's Fisheries Interests And Enforcement Obligations, Ben Tsamenyi, Kwame Mfodwo
Professor Ben M Tsamenyi
No abstract provided.
International Marine Conservation Law And Its Implementation In Australia, G. Rose, Ben Tsamenyi, Alison Castle
International Marine Conservation Law And Its Implementation In Australia, G. Rose, Ben Tsamenyi, Alison Castle
Professor Ben M Tsamenyi
No abstract provided.
Implementing International Environmental Law In Australia: Queensland V The Commonwealth (Full Court Of The High Court Of Australia, Mason Cj, Brennan, Deane, Dawson Toohey, Gaudron And Mchugh Jj 30june 1989), Ben Tsamenyi, J Bedding
Implementing International Environmental Law In Australia: Queensland V The Commonwealth (Full Court Of The High Court Of Australia, Mason Cj, Brennan, Deane, Dawson Toohey, Gaudron And Mchugh Jj 30june 1989), Ben Tsamenyi, J Bedding
Professor Ben M Tsamenyi
No abstract provided.
The Implications Of The Wcpfc For Australia's Maritime Regulation And Enforcement, Ben Tsamenyi, Lara Manarangi-Trott
The Implications Of The Wcpfc For Australia's Maritime Regulation And Enforcement, Ben Tsamenyi, Lara Manarangi-Trott
Professor Ben M Tsamenyi
No abstract provided.
Rights-Based Fisheries Development In Australia: Has It Stalled, Ben Tsamenyi, A Mcilgorm
Rights-Based Fisheries Development In Australia: Has It Stalled, Ben Tsamenyi, A Mcilgorm
Professor Ben M Tsamenyi
No abstract provided.
Does A Bill Of Rights Matter? Comparing Australia To New Zealand, Luke Mcnamara
Does A Bill Of Rights Matter? Comparing Australia To New Zealand, Luke Mcnamara
Luke McNamara
No abstract provided.
Advancing Maritime Australia, Warwick Gullett, Clive Schofield, Joanna Vince
Advancing Maritime Australia, Warwick Gullett, Clive Schofield, Joanna Vince
Warwick Gullett
According to the Australian Institute of Marine Science Index of Marine Industry, Australia is 'one of the great marine nations of the world' with the 'potential to become an oceanic superpower'. This assessment is based on the size of Australia's marine jurisdiction, the extent and variety of the resources within it, and the strength and economic contribution of Australia's marine industries. It is easy to agree with this positive assessment. Part B of this book explains the vast geographical extent of Australia's marine jurisdiction, as well as Australia's rights and responsibilities within this area, and outlines its resources and their …
Australia's Marine Jurisdictions Under International And Domestic Law, Warwick Gullett, G. Rose
Australia's Marine Jurisdictions Under International And Domestic Law, Warwick Gullett, G. Rose
Warwick Gullett
This chapter explains Australia's international maritime zones and domestic marine jurisdictions in order to understand the nature and geographical operation of laws that apply in Australian waters. The task of determining the type of laws that can operate in Australian waters, as well as the geographical extent of those laws, is particularly difficult because Australia is a federation. In addition to authorising the Australian Parliament to make certain laws offshore, the Australian Constitution also enables the state parliaments to regulate some offshore activities. It is helpful if these laws are spatially defined so that people can know which laws apply …