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Full-Text Articles in Law
Rethinking Sexual Citizenship: Asia-Pacific Perspectives, Vera C. Mackie
Rethinking Sexual Citizenship: Asia-Pacific Perspectives, Vera C. Mackie
Faculty of Law, Humanities and the Arts - Papers (Archive)
The term 'sexual citizenship' was largely developed in the Anglophone capitalist liberal democracies of the UK, the USA, Canada, Australia and New Zealand. The concept is thus inflected by broader understandings of politics in these places. In this article, the author first considers the specificities of 'sexuality' and 'citizenship' in these Anglophone capitalist liberal democracies. She argues that we need to provincialize these local understandings, for configurations of sexuality and citizenship in the UK, North America, New Zealand or Australia are just as contingent and locally specific as they are in the Asia-Pacific region. She then considers whether the term …
Mapping The Trafficking Of Women Across Colonial Southeast Asia, 1600s-1930'S, Julia T. Martinez
Mapping The Trafficking Of Women Across Colonial Southeast Asia, 1600s-1930'S, Julia T. Martinez
Faculty of Law, Humanities and the Arts - Papers (Archive)
While slavery in the seventeenth century included a substantial traffic in Asian women, it was only in the late nineteenth century that the rise in trafficking in women in Asia came to the attention of international humanitarians who sought to combat this new form of post-abolition slavery. The increasing emphasis on women as slaves, held for the purposes of sexual exploitation, was to a large extent brought to public attention as the result of the enactment of the British Contagious Diseases Ordinance of 1870, which required that women working in prostitution be registered and counted. It was European colonialism in …
Spreading The Word: Using Cookbooks And Colonial Memoirs To Examine The Foodways Of British Colonials In Asia, 1850-1900, Cecilia Y. Leong-Salobir
Spreading The Word: Using Cookbooks And Colonial Memoirs To Examine The Foodways Of British Colonials In Asia, 1850-1900, Cecilia Y. Leong-Salobir
Faculty of Law, Humanities and the Arts - Papers (Archive)
The emergence of the British hybrid colonial cuisine in Asia came about as a result of negotiation and collaboration between colonizer and colonized. British hybrid colonial cuisine, comprising unique dishes such as countless varieties of curries, mulligatawny, kedgeree, country captain and pish pash evolved over time and was a combination of elements of British food practices and Asian food ways.
Piracy In Southeast Asia: An Overview Of International And Regional Efforts, Ahmad Amri
Piracy In Southeast Asia: An Overview Of International And Regional Efforts, Ahmad Amri
Faculty of Law, Humanities and the Arts - Papers (Archive)
One of the main maritime security threats in Southeast Asia is Piracy. While piracy has been a perennial problem, this threat has received increasing attention in the region over the past few years. Reports published by the International Maritime Organization (IMO) as well as the International Maritime Bureau show an alarming number of piratical acts in Southeast Asian waters over the past decade. Southeast Asia had the second highest number of piracy attacks in the world from 2008–2012. Only the African Region transcended Southeast Asia in the number of attacks. This is concerning because the geographical location of the region …
Dispute Settlement In The Law Of The Sea Convention And Territorial And Maritime Disputes In Southeast Asia: Issues, Opportunities, And Challenges, Lowell Bautista
Dispute Settlement In The Law Of The Sea Convention And Territorial And Maritime Disputes In Southeast Asia: Issues, Opportunities, And Challenges, Lowell Bautista
Faculty of Law, Humanities and the Arts - Papers (Archive)
The 1982 United Nations Convention on the Law of the Sea (LOSC) provides for a dispute settlement regime that establishes a compulsory and binding framework for the peaceful settlement of all ocean-related disputes. In Southeast Asia, despite the long-standing myriad of territorial and maritime disputes, there appears to be a general reluctance to utilize the dispute settlement provisions of LOSC. The region has very little experience in international litigation involving territorial and maritime disputes, and a reluctance to utilize the dispute settlement provisions of LOSC.While the LOSC legal framework offers some options, the highly complicated nature of the disputes in …
Southeast Asia's Maritime Piracy: Challenges, Legal Instruments And A Way Forward, Ahmad Amri
Southeast Asia's Maritime Piracy: Challenges, Legal Instruments And A Way Forward, Ahmad Amri
Faculty of Law, Humanities and the Arts - Papers (Archive)
Piracy is considered a critical maritime security threat in Southeast Asia. Whilst piracy has always been a perennial problem in the region, this threat has received increasing attention over the past few years. Reports published by the International Maritime Organization as well as the International Maritime Bureau show an alarming increase in acts of piracy on Southeast Asian waters over the past decade. In ancient times, the main drivers of piracy were raiding for plunder and capture of slaves; however, in modern times, developments in politics, economics and even military technology have drastically altered the universal crime of piracy. There …
Book Review: David Walker And Agniezka Sobocinska, Eds. Australia's Asia: From Yellow Peril To Asian Century, Julia T. Martinez
Book Review: David Walker And Agniezka Sobocinska, Eds. Australia's Asia: From Yellow Peril To Asian Century, Julia T. Martinez
Faculty of Law, Humanities and the Arts - Papers (Archive)
Australia's Asia is a timely collection that offers an historical background to the recent debates on Australia's Asian Century. As the use of the term 'yellow peril' in the subtitle suggests, there is a strong emphasis in this book on Australia's ongoing anxieties about the rise of Asia.
Combating Maritime Piracy In Southeast Asia From International And Regional Legal Perspectives: Challenges And Prospects, Ahmad Amri
Faculty of Law, Humanities and the Arts - Papers (Archive)
Piracy is considered a critical maritime security threat in Southeast Asia. Whilst piracy has always been a perennial problem in the region, this threat has received increasing attention in the region over the past few years. Reports published by the International Maritime Organisation as well as the International Maritime Bureau show an alarming increase in acts of piracy on Southeast Asian waters over the past decade. In ancients times, the main drivers of piracy were raiding for plunder and capture of slaves; however, in modern times, developments in politics, economics and even military technology have drastically altered the universal crime …
Introduction: Ways Of Knowing About Human Rights In Asia, Vera C. Mackie
Introduction: Ways Of Knowing About Human Rights In Asia, Vera C. Mackie
Faculty of Law, Humanities and the Arts - Papers (Archive)
The Universal Declaration of Human Rights (UDHR) was adopted on 10 December 1948 by the United Nations General Assembly. We have thus seen 65 years of the international project of addressing human rights issues at a global level through the United Nations and associated organisations. Human rights occupy a paradoxical place in international politics. Human rights treaties address the most intimate issues of personal freedom, autonomy and self-determination, but the institutions developed for the promotion of human rights operate at a global level seemingly distanced from this intimate and individual scale. In human rights advocacy there is thus constant mediation …
Factors Conducive To Joint Development In Asia -Lessons Learned For The South China Sea, Robert Beckman, Clive Schofield, Ian Townsend-Gault, Tara Davenport, Leonardo Bernard
Factors Conducive To Joint Development In Asia -Lessons Learned For The South China Sea, Robert Beckman, Clive Schofield, Ian Townsend-Gault, Tara Davenport, Leonardo Bernard
Faculty of Law, Humanities and the Arts - Papers (Archive)
Joint development in the South China Sea has been suggested as a solution to the Spratly Islands disputes since the 1980s. China was one of the earliest proponents of ‘setting aside the dispute and pursuing joint development’. The South China Sea Workshops on Managing Potential Conflicts in the South China Sea discussed joint development but ran into a number of obstacles, notably because of longstanding sensitivities over sovereignty issues and conflicting maritime claims. Consequently, the Workshops sought to focus on less contentious issues such as cooperation on marine biodiversity and the safety of navigation. Through this non- confrontational, non-binding and …
Climate Change And The Oceans: Legal And Policy Portents For The Asia Pacific Region And Beyond, Robin Warner, Clive Schofield
Climate Change And The Oceans: Legal And Policy Portents For The Asia Pacific Region And Beyond, Robin Warner, Clive Schofield
Faculty of Law - Papers (Archive)
The oceans dominate the globe spatially, covering approximately 72 per cent of its surface area. These extensive marine spaces are critical to the global environment and human survival in numerous ways - they are vital to the global nutrient cycling, represent a key repository and supporter of biological diversity on a world scale, and playa fundamental role in driving the global atmospheric system. Moreover, the oceans continue to provide a critical source of food through/fisheries and aquaculture, are an increasingly significant source of energy resources, and underpin the global economy through sea-borne trade.
Review Of Zheng Yangwen And Charles J-H Macdonald, Personal Names In Asia: History, Culture And Identity And Khun Eng Kuah-Pearce, Rebuilding The Ancestral Village: Singaporeans In China, Jason Lim
Faculty of Law, Humanities and the Arts - Papers (Archive)
Both Personal names in Asia: History, culture and identity and Rebuilding the ancestral village: Singaporeans in China share a common theme of individuals and communities having to change with the times. Personal names examines individual and collective reactions to societal transformation through name changes; Rebuilding the ancestral village examines Chinese Singaporeans’ collective memory of, and struggles to maintain ties with, such villages in China.
Naval Modernisation And Southeast Asia's Security, Sam Bateman
Naval Modernisation And Southeast Asia's Security, Sam Bateman
Faculty of Law, Humanities and the Arts - Papers (Archive)
Bateman focused on the role of national coastguards in contemporary naval security, with particular focus on Southeast Asian maritime security. He highlighted the increased complexity of naval warfare, with the relationship between maritime law enforcement and security forces becoming more legally complex. Bateman provided examples of coastguard activities in the Southeast Asian region, emphasising the active role of the Japanese coastguard in capacity-building initiatives in the area, China's use of its civil maritime security forces in the recent fishing trawler dispute, and the regional activities of the US Coastguard.
Food Culture In Colonial Asia: A Taste Of Empire, Cecilia Y. Leong-Salobir
Food Culture In Colonial Asia: A Taste Of Empire, Cecilia Y. Leong-Salobir
Faculty of Law, Humanities and the Arts - Papers (Archive)
Presenting a social history of colonial food practices in India, Malaysia and Singapore, this book discusses the contribution that Asian domestic servants made towards the development of this cuisine between 1858 and 1963. Domestic cookbooks, household management manuals, memoirs, diaries and travelogues are used to investigate the culinary practices in the colonial household, as well as in clubs, hill stations, hotels and restaurants. Challenging accepted ideas about colonial cuisine, the book argues that a distinctive cuisine emerged as a result of negotiation and collaboration between the expatriate British and local people, and included dishes such as curries, mulligatawny, kedgeree, country …
Perspectives On The Organisation And Control Of The Illicit Traffic In Antiquities In South East Asia, Christine Adler, Duncan Chappell, Kenneth Polk
Perspectives On The Organisation And Control Of The Illicit Traffic In Antiquities In South East Asia, Christine Adler, Duncan Chappell, Kenneth Polk
Faculty of Law - Papers (Archive)
We intend addressing three issues in till paper. First we will describe in detail not available elsewhere the patterns that are found in the illicit traffic in antiquities that flow out of Southeast Asia in particular from Cambodia, China, Laos, Myanmar Thailand and Vietnam. Second, we shall examine the focus of organized crime that have emerged in order to support that traffic. Third, we will propose initiatives that are both focused on the demand end of the market chain (rather than on the supply end), and on tho e approaches than give emphasis to persuasion' rather than punishment and prohibition.
Editorial: Perspectives On Mobility, Migration And Well-Being Of International Students In The Asia Pacific, Peter Kell, Gillian Vogl
Editorial: Perspectives On Mobility, Migration And Well-Being Of International Students In The Asia Pacific, Peter Kell, Gillian Vogl
Faculty of Law, Humanities and the Arts - Papers (Archive)
This edition of the International Journal of Asia Pacific Studies explores issues relating to global student mobility in the Asia Pacific. The contributions to this edition from Australia and Malaysia emerged from a forum held in Australia in February where academics and researchers from Malaysia, China, Singapore and Australia presented papers and discussed ways of interpreting the character and the implication of global student mobility. The forum entitled International Students in the Asia Pacific: Mobility, Migration, Well-being and Security held from 13-15th February 2008 attracted over 40 presenters. The forum was hosted by the Centre for Asian Pacific Social Transformation …
Assessing The Threat Of Maritime Terrorism: Issues For The Asia-Pacific Region, Sam Bateman
Assessing The Threat Of Maritime Terrorism: Issues For The Asia-Pacific Region, Sam Bateman
Faculty of Law - Papers (Archive)
This article provides a critical assessment of the contemporary threat of maritime terrorism in the Asia-Pacific region. It addresses the operational dimensions of the threat to ships and port infrastructure, and considers the effectiveness of the international and regional measures that have been introduced in recent years to deal with this threat. Based on a proposition that that there has been rather too much emphasis on highly remote and speculative “doomsday” scenarios, the article supports the need for balance and equity in addressing the risks of maritime terrorism. It identifies types of terrorist attack that might be assessed as more …
Intellectual Property Law In Southeast Asia: Recent Legislative And Institutional Developments, Christoph Antons
Intellectual Property Law In Southeast Asia: Recent Legislative And Institutional Developments, Christoph Antons
Faculty of Law - Papers (Archive)
Over the last few decades, countries belonging to the Association of Southeast Asian Nations (ASEAN) all had to revise their intellectual property systems. These revisions resulted at first from bilateral pressure of major trading partners such as the US and EU, then from the WTO-TRIPS Agreement and more recently from bilateral Free Trade Agreements. To observe the IP developments in ASEAN over this period is interesting, because this group of countries covers developed (Singapore), developing as well as least developed countries. All countries had to reform their outdated laws from the colonial era in very short time. However, in comparison …
Traditional Knowledge And Intellectual Property Rights In Australia And Southeast Asia, Christoph Antons
Traditional Knowledge And Intellectual Property Rights In Australia And Southeast Asia, Christoph Antons
Faculty of Law - Papers (Archive)
This paper will present a short survey of various approaches to traditional knowledge and folklore protection in Australia and Southeast Asia. It seems that both the terminology used in the debate about traditional knowledge and folklore and the legal solutions envisaged are very diverse. Over the last decade there has been an explosion of international declarations and organisations advocating internationally harmonised notions of rights to culture, often on behalf of indigenous minorities or other local communities. This often leads to what Cowan, Dembour and Wilson2 have called “strategic essentialism”. The term refers to the attempts by activists from or working …