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Full-Text Articles in Law

Area-Based Management Tools: Developing Regulatory Frameworks For Areas Beyond National Jurisdiction, Robin M. Warner Jan 2019

Area-Based Management Tools: Developing Regulatory Frameworks For Areas Beyond National Jurisdiction, Robin M. Warner

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

The increasing intensity and impacts of human activities in the global oceans pose significant threats to the extensive repository of marine species, habitats and ecosystems in the vast marine areas beyond national jurisdiction (abnj). This article examines the scope of these threats and the role of area-based management mechanisms such as marine protected areas (mpas) in addressing those threats. It discusses the law and policy rationale for establishing mpas in abnj and some regional examples of mpa designation in the North East Atlantic, the Mediterranean, Antarctica and the Sargasso Sea. Finally, it reviews global initiatives in the United Nations to …


Similarity-Based Cognition: Radical Enactivism Meets Cognitive Neuroscience, Miguel Segundo Ortin, Daniel D. Hutto Jan 2019

Similarity-Based Cognition: Radical Enactivism Meets Cognitive Neuroscience, Miguel Segundo Ortin, Daniel D. Hutto

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

2019, Springer Nature B.V. Similarity-based cognition is commonplace. It occurs whenever an agent or system exploits the similarities that hold between two or more items-e.g., events, processes, objects, and so on-in order to perform some cognitive task. This kind of cognition is of special interest to cognitive neuroscientists. This paper explicates how similarity-based cognition can be understood through the lens of radical enactivism and why doing so has advantages over its representationalist rival, which posits the existence of structural representations or S-representations. Specifically, it is argued that there are problems both with accounting for the content of S-representations and with …


Developing Expertise: Benefits Of Generalising Learning From The Graphic Design Project, Grant N. Ellmers, Marius Foley Jan 2019

Developing Expertise: Benefits Of Generalising Learning From The Graphic Design Project, Grant N. Ellmers, Marius Foley

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

2019 NSEAD and John Wiley & Sons Ltd The ability to transfer knowledge between design projects has been linked to developing expertise and, as such, is an important skill for designers. However, externalising and analysing the knowledge from the design project in ways that support transfer can be a challenge. This article explores how reflective practice can foster the conditions for knowledge transfer and links these outcomes with design expertise characteristics. A structured and critical approach to reflection was introduced alongside a graphic design project with the aim to foster the conditions for transfer to other projects. A case study …


'Rock The Boat': Song-Writing As Geographical Practice, Leah Maree Gibbs, Kim Williams, Sarah Hamylton, Lucas M. Ihlein Jan 2019

'Rock The Boat': Song-Writing As Geographical Practice, Leah Maree Gibbs, Kim Williams, Sarah Hamylton, Lucas M. Ihlein

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

Climate change science is unequivocal on the link between fossil fuels and climate change. Yet, some governments - including those in Australia - fail to meet agreed targets and continue to invest in the coal industry. Scientists and other scholars have expressed concern that the science is not prompting shifts in policy adequate to address current and future effects of climate change. Many have called for other tools - specifically, the arts and social sciences - to investigate and communicate about the environmental and social changes underway. In this context, this article explores the potential of interdisciplinary collaborative song-writing as …


Writing On Common Ground: The Lyric Essay As A Decolonising Form, Christine Howe Jan 2019

Writing On Common Ground: The Lyric Essay As A Decolonising Form, Christine Howe

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

Is it possible for Australian settler writers to decolonise their writing, and if so, what form might this writing take? This paper explores the challenges facing settler writers who wish to respectfully acknowledge the sovereignty of Aboriginal and Torres Strait Islander peoples, and to participate in the movement towards a 'fair and truthful relationship' ('Uluru statement from the heart' 2017). The value of the lyric essay as a poetic form that resists straightforward answers -but rather allows for links to be drawn between the past and the present, complicity and healing, and the land and our experience of it -is …


Nano-Sunscreens - A Double-Edged Sword In Protecting Consumers From Harm: Viewing Australian Regulatory Policies Through The Lenses Of The European Union, S M. Solaiman, Jennifer Algie, Shahnaz Bakand, Ronald Sluyter, Vitor Sencadas, Michael L. F Lerch, Xu-Feng Huang, Konstantin K. Konstantinov, Philip J. Barker Jan 2019

Nano-Sunscreens - A Double-Edged Sword In Protecting Consumers From Harm: Viewing Australian Regulatory Policies Through The Lenses Of The European Union, S M. Solaiman, Jennifer Algie, Shahnaz Bakand, Ronald Sluyter, Vitor Sencadas, Michael L. F Lerch, Xu-Feng Huang, Konstantin K. Konstantinov, Philip J. Barker

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

Nanotechnology has the potential to bring about revolutionary changes in manufacturing products, including sunscreens. However, a knowledge gap between benefits and detriments of engineered nano-materials used in sunscreens exists, which gives rise to safety concerns. This article is concerned with the protection of consumers without impairing the embellishment of this promising technology. It is widely argued that the harm associated with nano-sunscreens may only occur under certain conditions related mainly to users skin vulnerability, which can be avoided by informed and careful use of such a product. We thus recognize the need for fostering the growth of nanotech simultaneously with …


El Chapo Trial Shows Why A Wall Won't Stop Drugs From Crossing The Us-Mexico Border, Luis Gomez Romero Jan 2019

El Chapo Trial Shows Why A Wall Won't Stop Drugs From Crossing The Us-Mexico Border, Luis Gomez Romero

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

With its tales of bloody violence, corruption, international trade and entrepreneurial innovation, Guzmán's trial offers a telenovela-style explainer on Mexican cartels and their American clients.


'Social License To Operate' In The Blue Economy, Michelle A. Voyer, Judith Van Leeuwen Jan 2019

'Social License To Operate' In The Blue Economy, Michelle A. Voyer, Judith Van Leeuwen

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

The Blue Economy is an ocean based economic growth model gaining traction around the world. The way in which the Blue Economy is conceived and understood differs significantly across different sets of actors. A particular area of contestation exists around which ocean based industries or sectors can be considered to be 'Blue'. This highlights the possibility of the Blue Economy becoming a forum through which the legitimacy of different private uses of ocean resources is contested and debated. The question of legitimacy of Blue Economy activities and sectors is explored through a critical engagement with the notion of a 'social …


Large Scale Marine Protected Areas: Current Status And Consideration Of Socio-Economic Dimensions, Chris Smyth, Quentin A. Hanich Jan 2019

Large Scale Marine Protected Areas: Current Status And Consideration Of Socio-Economic Dimensions, Chris Smyth, Quentin A. Hanich

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

Global targets for Marine Protected Areas (MPAs) have evolved in response to rising global concerns about the health of the world's oceans and numerous scientific studies demonstrating the benefits of MPAs as a conservation tool. Our research paper analyses the research needs required to address stakeholder and government concerns from both developed and developing State viewpoints, and build a greater understanding of the benefits and impacts of Marine Protected Areas for the marine ecosystem and the stakeholders that depend on it. In order to satisfy these research needs, and achieve global conservation targets, it is necessary to significantly increase science …


A Global Review Of Farmers' Perceptions Of Agricultural Risks And Risk Management Strategies, Thi Tam Duong, Thomas D. Brewer, Jo Luck, Kerstin Zander Jan 2019

A Global Review Of Farmers' Perceptions Of Agricultural Risks And Risk Management Strategies, Thi Tam Duong, Thomas D. Brewer, Jo Luck, Kerstin Zander

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

Farmers around the world face and manage a wide range of enterprise-related risks. These risks are increasing due to a range of factors including globalisation, increased trade in agricultural products, and climate change, jeopardising agricultural enterprises and forcing farmers to adjust their production and management strategies. Here we present results of a systematic literature review, following PRISMA protocol, of farmers' perceptions of, and responses to, agricultural risks. Using data reduction method (factor analysis) and descriptive statistics, we analysed 197 studies and found that weather-related risk (55%), biosecurity threats (48%), and human risk (35%) are the significant risks perceived by farmers …


Emotion Management And Solidarity In The Workplace: A Call For A New Research Agenda, Jordan J. Mckenzie, Rebecca Olson, Roger Patulny, Alberto Bellocchi, Kathy Mills Jan 2019

Emotion Management And Solidarity In The Workplace: A Call For A New Research Agenda, Jordan J. Mckenzie, Rebecca Olson, Roger Patulny, Alberto Bellocchi, Kathy Mills

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

Research focusing on the management of emotion features prominently in studies of employee attrition, gender inequality and workplace satisfaction, but rarely in research on worker solidarity. Against a backdrop of increasing individualisation within late modern society, research about workplace management of emotion has become bifurcated along sociological or organisational psychology lines. Within the sociology literature, management of emotion is theorised as a commercialised, relational and (often) alienating experience. Within organisational psychology literature and research, the emphasis is on harnessing individual traits and skills (e.g. emotional intelligence) to regulate emotions for increased productivity and employee retention. In this article, the authors …


Corporate Social Responsibility, Human Rights And Clothing Workers In Bangladesh And Malaysia, Vicki D. Crinis Jan 2019

Corporate Social Responsibility, Human Rights And Clothing Workers In Bangladesh And Malaysia, Vicki D. Crinis

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

The brand-name fashion industry creates high levels of competition in developing countries, leading to labour exploitation and human rights abuse. The 2013 World Investment Report found that pushing prices down in global value chains has led to "significant negative social and environmental impacts". In response, fashion corporations and retail giants introduced codes of conduct to address consumer concerns and stop any damage to brand reputation. Corporate Social Responsibility (CSR) has had some success in preventing child labour but little if any victory in allowing workers the right to organise and bargain collectively. In fact, CSR has been blamed for undermining …


Constructively Tough? Neither Side Has Committed To Fully Adopting Perhaps The Most Important Recommendation Of The Banking Royal Commission, Andrew D. Schmulow Jan 2019

Constructively Tough? Neither Side Has Committed To Fully Adopting Perhaps The Most Important Recommendation Of The Banking Royal Commission, Andrew D. Schmulow

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

Among the many recommendations of the banking Royal Commission was a Board of Oversight for the two regulators in charge of financial institutions; the Australian Securities and Investments Commission and the Australian Prudential Regulation Authority: ASIC and APRA. Since then APRA's own internal review conducted by deputy chairman John Lonsdale and NSW Supreme Court Judge Robert Austin, Australian Competition and Consumer Commission commissioner Sarah Court and UNSW professor Dimity Kingsford-Smith has found APRA to be soft on enforcement and timid by comparison to its international peers. Nonetheless, and to demonstrate that APRA still doesn't get what it doesn't get, its …


Buzz And Pipelines: Knowledge And Decision-Making In A Global Business Services Precinct, Simon Ville, Claire Wright Jan 2019

Buzz And Pipelines: Knowledge And Decision-Making In A Global Business Services Precinct, Simon Ville, Claire Wright

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

This paper provides a historical analysis of an urban services district through its examination of the Melbourne wool trade precinct in the 1920s. It is a study of both a local and global community whose social and spatial interaction facilitated large-scale trade of a complex commodity that has rarely been examined. Geographic mapping of the local and global connections of the precinct has been combined with archival evidence. It reveals the "buzz" of the Melbourne precinct, created by local social and professional connections among wool brokers and buyers. "Pipelines" to wool growing and textile regions were developed through overseas branches …


Consonant Deletion And Eastern Andalusian Spanish Vowels: The Effect Of Word-Final /S/, /R/ And /Θ/ Deletion On /I/, Alfredo Herrero De Haro Jan 2019

Consonant Deletion And Eastern Andalusian Spanish Vowels: The Effect Of Word-Final /S/, /R/ And /Θ/ Deletion On /I/, Alfredo Herrero De Haro

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

Syllable-final consonant deletion has been widely documented in Eastern Andalusian Spanish, although the effects of consonant deletion on preceding vowels are still unknown. Studies analyzing syllable-final consonants in Eastern Andalusian Spanish have focused on /-s/, disregarding other consonants which are also deleted in this position. The present paper aims to extend this traditional focus by analyzing how /-s/, /-r/ and /-θ/ deletion affects preceding /i/. After analyzing 383 samples of /i/ word-finally and before underlying word-final /s/, /r/ and /θ/ in Western Almería (Eastern Andalusia), it is confirmed that the deletion of these three consonants changes the quality of preceding …


Colonialism And Male Domestic Service Across The Asia Pacific, Julia T. Martinez, Claire K. Lowrie, Frances Steel, Victoria Haskins Jan 2019

Colonialism And Male Domestic Service Across The Asia Pacific, Julia T. Martinez, Claire K. Lowrie, Frances Steel, Victoria Haskins

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

Examining the role of Asian and indigenous male servants across the Asia Pacific from the late-19th century to the 1930s, this study shows how their ubiquitous presence in these purportedly 'humble' jobs gave them a degree of cultural influence that has been largely overlooked in the literature on labour mobility in the age of empire. With case studies from British Hong Kong, Singapore, Northern Australia, Fiji and British Columbia, French Indochina, the American Philippines and the Dutch East Indies, the book delves into the intimate and often conflicted relationships between European and American colonists and their servants. It explores the …


Social Networking Sites And Learning In International Relations: The Impact Of Platforms, Josh Pallas, Joakim Eidenfalk, Susan N. Engel Jan 2019

Social Networking Sites And Learning In International Relations: The Impact Of Platforms, Josh Pallas, Joakim Eidenfalk, Susan N. Engel

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

This article reports on a pilot undergraduate subject that incorporated a range of technology-enhanced learning approaches including online lectures, an online site for in and out of class communications, and strong encouragement for students to blog and use Twitter. This paper evaluates student engagement through the social networking sites (SNS), focusing on the online communication and content platform. We examine whether changing from an educationally oriented SNS platform to Facebook impacted on student engagement and feedback. To achieve this, both empirical data and qualitative student feedback were used.


We're Not Seeing A 'Populist Surge' In This Election. Why Not?, Gregory C. Melleuish Jan 2019

We're Not Seeing A 'Populist Surge' In This Election. Why Not?, Gregory C. Melleuish

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

One of the most significant, and unremarked, features of the 2019 Australian federal election has been the absence of what might be termed a "populist surge".


After A Dark Decade For Australia's Regional Newspapers, A Hopeful Light Flickers, Steinar Ellingsen Jan 2019

After A Dark Decade For Australia's Regional Newspapers, A Hopeful Light Flickers, Steinar Ellingsen

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

Over the past decade the profits of 160-odd regional and rural publications that make up the former Fairfax business division known as Australian Community Media (ACM) have fallen steeply.


"Not Like That, Not For That, Not By Them": Social Media Affordances Of Critique, Katrin Tiidenberg, Andrew M. Whelan Jan 2019

"Not Like That, Not For That, Not By Them": Social Media Affordances Of Critique, Katrin Tiidenberg, Andrew M. Whelan

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

This paper has two objectives: to explicate the sociotechnical conditions that facilitate critique on social media platforms (specifically: Tumblr); and to operationalize a "working theory" from Foucault's conceptualization of critique. We analyze resistant practices observed (in ethnographic study) in a Not Safe For Work (NSFW) community on Tumblr, arguing that the potential for critique arises there at the intersection of platform architecture and use cultures. Specifically, we show how critique emerges from shared practices of ethics, most visibly enacted through what we call voluntary vulnerability and paying it forward. This potential for critique is arguably at risk with Tumblr's recent …


Small Histories: A Road Trip Reveals Local Museums Stuck In A Rut, Jennifer Saunders Jan 2019

Small Histories: A Road Trip Reveals Local Museums Stuck In A Rut, Jennifer Saunders

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

You leave Sydney and head for holidays on the South Coast. You plan to catch a quick surf, check out the boutiques and cafes, stroll around a local museum. ..


Making States Accountable For Deliberate Forced Displacement, Philip C. Orchard Jan 2019

Making States Accountable For Deliberate Forced Displacement, Philip C. Orchard

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

How should we respond to states that deliberately displace their own populations? While the international refugee regime is anchored in the 1951 Refugee Convention and the work of the United Nations High Commissioner for Refugees (UNHCR), the Convention is silent on the question of state culpability, and the UNHCR's Statute established its entirely non-political character. Although rarely applied, four forms of complementary enforcement mechanisms already exist that could be used to limit and deter deliberate displacement by states: the UN Human Rights Council's Universal Periodic Review mechanism; soft and regional law, such as the UN Guiding Principles on Internal Displacement; …


Controlling The Clock-How Showing And Telling Impact Time In Short-Short Fiction, Shady E. Cosgrove Jan 2019

Controlling The Clock-How Showing And Telling Impact Time In Short-Short Fiction, Shady E. Cosgrove

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

'Show, don't tell' is a common axiom in creative writing classes but the short-short story form complicates this idea. Often, in micro- and flash fiction it is through telling and implication that showing occurs. Taking that into account, I will argue that in the micro- and flash context, where brevity defines the narrative parameters, the relationship between showing and telling is one connected to pacing and the narrative construction of time. That is, what the author chooses to show and tell often impacts on the representation of temporality. This will be explored critically and creatively via case studies 'Insect Wisdom' …


Beyond The Heroic Stereotype: Sidney Jeffryes And The Mythologising Of Australian Antarctic History, Elizabeth Leane, Ben Maddison, Kimberley Norris Jan 2019

Beyond The Heroic Stereotype: Sidney Jeffryes And The Mythologising Of Australian Antarctic History, Elizabeth Leane, Ben Maddison, Kimberley Norris

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

In 2010 the Australian Antarctic Names and Medals Committee announced that it had named a glacier near Commonwealth Bay in East Antarctica in honour of Sidney Jeffryes. Jeffryes was a member of Douglas Mawson's Australasian Antarctic Expedition (AAE), 1911-14, and the decision to attach his name to an Antarctic feature, coming just before the centenary of the AAE's departure, reflected a gradual historical revisionism around the expedition occurring at this time. Seeking to 'honour … historically significant figures … whose contributions [to the AAE] have not yet been recognised', the Committee also attached the names of two other previously ignored …


Spiral Jetty, Geoaesthetics, And Art: Writing The Anthropocene, Su Ballard, Elizabeth Linden Jan 2019

Spiral Jetty, Geoaesthetics, And Art: Writing The Anthropocene, Su Ballard, Elizabeth Linden

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

Despite the call for artists and writers to respond to the global situation of the Anthropocene, the 'people disciplines' have been little published and heard in the major journals of global environmental change. This essay approaches the Anthropocene from a new perspective: that of art. We take as our case study the work of American land artist Robert Smithson who, as a writer and sculptor, declared himself a 'geological agent' in 1972. We suggest that Smithson's land art sculpture Spiral Jetty could be the first marker of the Anthropocene in art, and that, in addition, his creative writing models narrative …


I’M Not Convinced That The Celebratory ‘We’Re Having A Feminist Moment’ Helps Feminism, Sharon Crozier-De Rosa Jan 2019

I’M Not Convinced That The Celebratory ‘We’Re Having A Feminist Moment’ Helps Feminism, Sharon Crozier-De Rosa

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

It hurts to say this on International Women’s Day. The IWD2019 website says: ‘From grassroots activism to worldwide action, we are entering an exciting period of history where the world expects balance.’ I want to join in the celebrations while remaining mindful of the work that has yet to be done to reach this year’s aspirational theme of #BalanceforBetter. But one thing stops me – the relationship between notions of ‘waves’, ‘turns’, ‘moments’, ‘phases’ and memory.


These 'Job Snob' Claims Don't Match The Evidence, Greg Marston, Gaby Ramia, Michelle A. Peterie, Roger Patulny Jan 2019

These 'Job Snob' Claims Don't Match The Evidence, Greg Marston, Gaby Ramia, Michelle A. Peterie, Roger Patulny

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

The "job snobs" are back on the agenda. With some in the Australian government's own ranks arguing for a lift in the unemployment benefit, senior ministers appear to be upping the rhetoric about joblessness being a matter of choice for many.


The Aquarian Uprising: America In 1969, Anthony I. Ashbolt Jan 2019

The Aquarian Uprising: America In 1969, Anthony I. Ashbolt

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

The year 1969 was a fascinating era in American history. It was a time of great achievement but also a time of great turbulence. The rebellions of the decade exploded, giving way to the chaos and division of the 1970s.


Book Review: You Daughters Of Freedom: The Australians Who Won The Vote And Inspired The World, Sharon Crozier-De Rosa Jan 2019

Book Review: You Daughters Of Freedom: The Australians Who Won The Vote And Inspired The World, Sharon Crozier-De Rosa

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

In 1911, while visiting London, Australian suffragist Vida Goldstein was embroiled in a heated debate with a male correspondent to the British Anti-Suffrage Review about the relative merits of British and Australian women voters. The British man was exasperated by Goldstein’s claims to parity. Australian women, voting as they had been since the early 1900s, voted only on provincial matters. If women were to vote in England, they would have a hand in directing the affairs of a vast and troublesome empire. Surely, he said, ‘not even the most enthusiastic Australian would dream of suggesting that the Imperial Parliament was …


International Environmental Law Principles Relevant To Exploitation Activity In The Area, Robin M. Warner Jan 2019

International Environmental Law Principles Relevant To Exploitation Activity In The Area, Robin M. Warner

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

The International Seabed Authority is responsible for providing effective protection for the marine environment from the harmful effects of activities in the Area under Article 145 of UNCLOS. To meet this challenge, it must determine the relevant environmental governance principles applicable to each stage of an exploration and exploitation activity and how they can be operationalized in practical terms. This article discusses some key principles of international environmental law and management which are potentially relevant to the exploitation process and in particular the approval of a plan of work for exploitation activities. It also examines the potential legal thresholds for …