Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Enforcing Australian Law In Antarctica: The Hsi Litigation, Ruth A. Davis
Enforcing Australian Law In Antarctica: The Hsi Litigation, Ruth A. Davis
Faculty of Law - Papers (Archive)
Law enforcement in Antarctica is complicated by uncertainties regarding sovereignty and jurisdiction. In line with the usual practice of the Antarctic Treaty parties, Australia has generally refrained from enforcing its legislation for the Australian Antarctic Territory against foreigners. Recent litigation that attempts to enforce Australian whale protection laws against Japanese whalers in Antarctica represents a challenge to this traditional approach. The HIS Litigation highlights the ongoing difficulties faced by Australia in trying to effectively manage the Australian Antarctic Territory within the constraints of the Antarctic Treaty System. Using fisheries regulation and continental shelf delimitation as comparative examples, this commentary highlights …
Australian Counter-Terrorism Offences: Necessity And Clarity In Federal Criminal Law Reforms, G. L. Rose, D. Nestorovska
Australian Counter-Terrorism Offences: Necessity And Clarity In Federal Criminal Law Reforms, G. L. Rose, D. Nestorovska
Faculty of Law - Papers (Archive)
This article analyses the wide-ranging reform of Australian criminal law related to terrorism. It compares the definition of terrorism utilised in recent legislation to the emerging international standard and tests the new federal crimes against the criteria of legislative necessity and clarity. It concludes that the reforms were in fact necessary in the sense of filling prior gaps and inadequacies in the criminal law but that some of the new provisions lack clarity and will pose conundrums for law enforcement.