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Articles 1 - 18 of 18
Full-Text Articles in Law
Updating International Humanitarian Law And The Laws Of Armed Conflict For The Wars Of The 21st Century, G. L. Rose
Updating International Humanitarian Law And The Laws Of Armed Conflict For The Wars Of The 21st Century, G. L. Rose
Faculty of Law - Papers (Archive)
Aspects of international humanitarian law (IHL) and the international law of armed conflict (LOAC) are out-dated because they are ill-adapted to new battlefields. Some innovation is needed in them to address thc complexities of the networked insurgencies that we see today. War between states has declined in prev alence and importance relative to armed conflicts across societal groups, both within states and acro ss nat ional borders. Private organisation s are likely to dominate armed conflicts for the foreseeable future, including those in the Asia- Pacific and beyond, where Australian expeditiona ry forces are engaged. Often called 'non-state actors' in …
The Delimitation Of Maritime Boundaries: A Matter Of Life Or Death For East Timor?, Clive Schofield, I Made Andi Arsana
The Delimitation Of Maritime Boundaries: A Matter Of Life Or Death For East Timor?, Clive Schofield, I Made Andi Arsana
Faculty of Law - Papers (Archive)
As a newly independent country, East Timor is faced with a number of significant challenges and opportunities—including the delimitation of international boundaries. Although it is the case that the majority of maritime boundaries around the world remain undelimited, where they are defined they provide jurisdictional clarity and certainty (Prescott & Schofield 2005:216-18). This can have multifaceted benefits, for instance in terms of facilitating the sustainable and effective management of the ocean environment and enhancing maritime security. Perhaps of more pressing importance for a developing country, agreement on the limits of maritime jurisdiction serves to secure coastal state rights to access …
Rethinking The Special Equity Rule For Wives: Post Garcia, Quo Vadis, Where To From Here?, Charles Chew
Rethinking The Special Equity Rule For Wives: Post Garcia, Quo Vadis, Where To From Here?, Charles Chew
Faculty of Law - Papers (Archive)
The operation of the special equity principle can be seen where a wife does not understand the nature and effect of the guarantee she is induced to sign by the husband whereupon the transaction may be set aside. It should be remembered that women often become involved in these guarantees because of the existence of a personal relationship rather than because of any real appreciation of the legal relationship created. Credit providers such as banks involve women in this kind of ‘sexually transmitted debt’, ‘emotional debt’ or ‘relationship debt’ as a means of countering debtor default or to compensate for …
The Regime Of The Exclusive Economic Zone: Military Activities And The Need For Compromise?, Sam Bateman
The Regime Of The Exclusive Economic Zone: Military Activities And The Need For Compromise?, Sam Bateman
Faculty of Law - Papers (Archive)
Military activities in the an exclusive economic zone (EEZ) were a controversial issue at the Third UN Conference on the Law of the Sea (UNCLOS III) and remain so in State practice. Some coastal States claim that other States cannot carry out military activities, including naval exercises and military surveying, in their EEZ without their consent, and have sought to apply restrictions on navigation and overflight in this zone. This “thickening” of jurisdiction over activities in the EEZ is strongly opposed by other States, particularly the major maritime powers. This contribution addresses some of the practical considerations associated with this …
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 …
Assessing The Terrorist Threat To Singapore's Land Transportation Infrastructure, Adam Dolnik
Assessing The Terrorist Threat To Singapore's Land Transportation Infrastructure, Adam Dolnik
Faculty of Law - Papers (Archive)
The highly lethal attacks against land transportation targets in Madrid and London have sparked considerable amount of debate in Singapore about the terrorist threat to the local land transportation infrastructure. How real is this threat and what can be done to counter it? This is the central question addressed in this paper. While transportation targets in general have always been a terrorist favorite, in recent years there has been an increased emphasis on attacking soft transportation targets such as mass transit. There are several distinct reasons for this development, including the increasing difficulty of successfully striking other targets, the ease …
Identity Crisis: Judgment And The Hollow Legal Subject, Richard Mohr
Identity Crisis: Judgment And The Hollow Legal Subject, Richard Mohr
Faculty of Law - Papers (Archive)
modern legal subject. There is something missing, a gap in the middle of that subjectivity, which clouds our judgment. This split had its origin in the Enlightenment, its first effect being the separation of knowing from doing. Our experience of the world could only be mediated through self-conscious sense data and thought, without our being in direct contact with the satisfaction of our needs or the consequences of our actions. This new conception of subjectivity has become an impediment to judgment, since splitting the actor from the spectator, and the judge from the life of the community, results in a …
Judicial Evaluation In Context: Principles, Practices And Promise In Nine European Countries, Richard Mohr, F. Contini
Judicial Evaluation In Context: Principles, Practices And Promise In Nine European Countries, Richard Mohr, F. Contini
Faculty of Law - Papers (Archive)
The evaluation of judges’ performance takes place in many ways. Traditionally, there are avenues of appeal and legal accountability mechanisms. More recently, ministries of justice and judicial councils across Europe have introduced a range of complaints mechanisms, quality assessment procedures and other managerial methods of judging judges and the courts within which they operate. This paper reports on a study of these mechanisms in nine member countries of the European Union. Our purpose is to survey the possible ways in which the judiciary can be evaluated, with a view to improving those practices and, ultimately, contributing to a better functioning …
Local Court Reforms And 'Global' Law, Richard Mohr
Local Court Reforms And 'Global' Law, Richard Mohr
Faculty of Law - Papers (Archive)
Discussions of globailisation arose in the late twentieth century out of economic discourse about market liberalisation and the scale and global reach of transnational corporations. Legal discussions of the subject have tended to follow in the wake of these economic and geopolitical trends.
Litigation Privilege: Transient Or Timeless? Blank V Canada (Minister Of Justice), James Goudkamp
Litigation Privilege: Transient Or Timeless? Blank V Canada (Minister Of Justice), James Goudkamp
Faculty of Law - Papers (Archive)
Litigation privilege has become unfashionable. It is under attack on multiple fronts throughout the common law world! In the United Kingdom, perhaps the most notable inroad on the privilege is that made by the House of Lords in Re L (A Minor) (Police Investigation: Privilege).2 In that case it was held that the privilege is an incident of adversarial proceedings and that, consequently, it did not obtain in respect of material generated for the purposes of proceedings that were not predominantly adversarial in nature. There are signs that more radical restrictions are to come. In Three Rivers District Council v …
Indigenous Sentencing Courts: Towards A Theoretical And Jurisprudential Model, Elena M. Marchetti, Kathleen Daly
Indigenous Sentencing Courts: Towards A Theoretical And Jurisprudential Model, Elena M. Marchetti, Kathleen Daly
Faculty of Law - Papers (Archive)
Since 1999, a number of Indigenous sentencing courts have been established in Australia that use Indigenous community representatives to talk to a defendant about their offending and to assist a judicial officer in sentencing. The courts are often portrayed as having emerged to reduce the over-representation of Indigenous people in the criminal justice system and to address key recommendations made by the Royal Commission into Aboriginal Deaths in Custody, in particular, those centred on reducing Indigenous incarceration, and on increasing the participation of Indigenous people in the justice system as court staff or advisors. They are also said to reflect …
Update: Japanese Whaling Litigation, Ruth Davis
Update: Japanese Whaling Litigation, Ruth Davis
Faculty of Law - Papers (Archive)
Recently the University of Tasmania Law Review reported on the ongoing litigation by the Humane Society International Inc ('HSI') against Japanese whaling in Australian Antarctic waters. On 15 January 2008, HSI was finally successful: the Federal Court declared that the whalers were in breach of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) ('EPBC Act') and issued an injunction against them.
Patents And Access To Antiretroviral Medicines In Vietnam After World Trade Organization Accession, Jakkrit Kuanpoth
Patents And Access To Antiretroviral Medicines In Vietnam After World Trade Organization Accession, Jakkrit Kuanpoth
Faculty of Law - Papers (Archive)
Antiretroviral (ARV) drugs, where they are accessible, have been shown to prolong the lives and increase the health and well-being of people living with human immunodeficiency virus/acquired immunodeficiency syndrome. In general terms, whether a country is able to provide affordable ARVs to people in need is determined by the pricing structure of the drugs, whichis in turn based on the patent environment that regulates them. Increasing access in many developing countries, including Vietnam, requires a thorough understanding of the patent environment and of the legal options that will allow the production and/or importation of affordable treatments. This article provides an …
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.
Preserving A Balanced Ocean: Regulating Climate Change Mitigation Activities In Marine Areas Beyond National Jurisdiction, Robin M. Warner
Preserving A Balanced Ocean: Regulating Climate Change Mitigation Activities In Marine Areas Beyond National Jurisdiction, Robin M. Warner
Faculty of Law - Papers (Archive)
The damaging effects of anthropogenically induced climate change on both the terrestrial and marine environments have been acknowledged by a succession of expert reports commissioned by global and national bodies. This recognition has spawned heightened levels of activity by scientists, engineers and entrepreneurs to mitigate the adverse effects of climate change. Multiple schemes have been suggested to ameliorate the adverse effects of climate change on the environment caused by the burning of fossil fuels and other greenhouse gas emissions including enhanced schemes to remove carbon dioxide from the atmosphere. The ability of the ocean to absorb rising levels of carbon …
Reconciling Independence And Accountability In Judicial Systems, F. Contini, Richard Mohr
Reconciling Independence And Accountability In Judicial Systems, F. Contini, Richard Mohr
Faculty of Law - Papers (Archive)
Since the mid 1990s, the contraction of available resources and the spread of ‘new public management’ approaches have presented new challenges to European judicial systems, expecting them to improve simultaneously their efficiency, quality of service delivery and accountability mechanisms, in line with the expectations on other branches of the public sector. Through an analysis of some of the findings of several research projects financed by different institutions, this article considers ways in which these expectations, and the projects to which they give rise, play off against the very different traditions of the law and the judiciary. In various countries these …
Taking On Japanese Whalers: The Humane Society International Litigation, Ruth A. Davis
Taking On Japanese Whalers: The Humane Society International Litigation, Ruth A. Davis
Faculty of Law - Papers (Archive)
On 14 July 2006 the Full Federal Court declared that Humane Society International ('HSI') could commence proceedings against Japanese whalers for alleged violations of the Australian Whale Sanctuary in Antarctica. 1 The decision was a significant victory for the public interest organisation, which had originally been denied leave to serve originating process on the Japanese defendant on the grounds that the action could be contrary to Australia's national interests. 2 In its amended statement of claim3 HSI alleged that between February 2001 and March 2005, the respondent Kyodo Senpaku Kaisha Ltd ('Kyodo') had unlawfully killed or interfered with around 385 …
Jury Misconduct Or Irregularity, Donna Spears
Jury Misconduct Or Irregularity, Donna Spears
Faculty of Law - Papers (Archive)
Types of jury irregularities identified through case law - examines the way in which existing law and processes operate to ensure a fair trial.