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Full-Text Articles in Law
Oceans Beyond Boundaries: Environmental Assessment Frameworks, Robin M. Warner
Oceans Beyond Boundaries: Environmental Assessment Frameworks, Robin M. Warner
Faculty of Law - Papers (Archive)
The obligation to conduct environmental impact assessment (EIA) of activities with the potential for significant impact on the marine environment within and beyond national jurisdiction has attained customary international law status. The related but broader process of strategic environmental assessment (SEA) is also applied to plans, policies and programmes with the potential for significant impact on the marine environment in many national jurisdictions and in a transboundary context. The application of EIA and SEA for activities with the potential for significant impact on marine areas beyond national jurisdiction (ABNJ) has been much more ad hoc. This commentary reviews the initiatives …
Tools To Conserve Ocean Biodversity: Developing The Legal Framework For Environmental Impact Assessment In Marine Areas Beyond National Jurisdiction, Robin Warner
Faculty of Law - Papers (Archive)
Several decades of endeavor since the 1972 Stockholm Declaration on the Human Environment have produced an established international law framework for the protection of the marine environment with the focal point being Part XII of the 1982 United Nations Convention on the Law of the Sea (LOSC), supplemented by complementary instruments on international environmental law and an evolving body of customary international law principles. Substantial jurisdiction with some collaboration between states in differenct regions to promtect the marine environment across national boundaries. The regulatory framework for environmental protection in marine areas beyond national jurisdiction is at a much earlier stage …
Departures From The Coast: Trends In The Application Of Territorial Sea Baselines Under The Law Of The Sea Convention, Clive Schofield
Departures From The Coast: Trends In The Application Of Territorial Sea Baselines Under The Law Of The Sea Convention, Clive Schofield
Faculty of Law - Papers (Archive)
Baselines are crucial to the definition of maritime claims and the delimitation of maritime boundaries. The United Nations Convention on the Law of the Sea (LOSC) provides for several distinct types of baseline. These various baselines are discussed relative to their practical application over the past three decades. While some LOSC baseline provisions have proved to be well drafted and have led to broad compliance, the loose language contained in other baselines Articles has resulted in their being interpreted liberally. Contemporary and emerging trends and challenges are also highlighted.
'Ditto': Law, Pop Culture And Humanities And The Impact Of Intergenerational Interpretative Dissonance, Marett Leiboff
'Ditto': Law, Pop Culture And Humanities And The Impact Of Intergenerational Interpretative Dissonance, Marett Leiboff
Faculty of Law - Papers (Archive)
Building on Julius Stone's remark that jurisprudence is law's extroversion (or extraversion), this essay explores the consequences that flow from the loss of a shared humanities discourse by lawyers. In adapting the concept of extraversion to those things about us in the world, the essay considers the finding of an empirical study, Law's Gens Project, which revealed a profound, almost seismic shift in what different generational groupings of lawyers know, based in the humanities, placing this point of rupture squarely in the 1970s. Drawing on allusions and cultural references used in judgments, this project reveals how these cultural markers affect …
'The Main Thing Is To Shut Them Out' The Deployment Of Law And The Arrival Of Russians In Australia 1913 -1925: An Histoire, Marett Leiboff
'The Main Thing Is To Shut Them Out' The Deployment Of Law And The Arrival Of Russians In Australia 1913 -1925: An Histoire, Marett Leiboff
Faculty of Law - Papers (Archive)
On Tuesday 10 August 1915, a 25 year old Russian named Neplen Matanakes was allowed to disembark from the SS Empire in Brisbane, the capital city of the state of Queensland in the recently federated Australia. A year into World War I, Neplen’s journey had started a few weeks earlier in the Chinese Russian city of Harbin. Like other Russians before him, Neplen made his way to the Japanese seaport of Dairen (or Dalny), also located on the Chinese mainland. He then joined the SS Empire at Kobe, Japan, on one of its regular round trips to Australia and, after …
Re-Framing The Rape Trial: Insights From Critical Theory About The Limitaitons Of Legislative Reform, Julia A. Quilter
Re-Framing The Rape Trial: Insights From Critical Theory About The Limitaitons Of Legislative Reform, Julia A. Quilter
Faculty of Law - Papers (Archive)
Through a close reading of a rape trial, this article discusses the seemingly intractable problem of the disconnect between rape law reform and the resilience of outdated common law practices being used in the courtroom. It is argued that certain requirements (the location of the event; a focus on resistance and the presence of injuries; recent complaint; and the underlying assumption of the untrustworthiness of the complainant) form a ‘rape schema’ which operate to distinguish the ‘true’ from the ‘false’ complaint of rape. Finally, this article turns to the insights of critical theory to think about how concepts of ‘readability’, …
Fatwas: Their Role In Contemporary Secular Australia, Nadirsyah Hosen, Ann Black
Fatwas: Their Role In Contemporary Secular Australia, Nadirsyah Hosen, Ann Black
Faculty of Law - Papers (Archive)
In Australia, there has been confusion and misunderstanding surrounding the term 'fatwa'. This goes both to its meaning and also to the role fatwas fulfil for Muslims, whether in Australia or in other parts of the world. This paper seeks to address both of these issues, first by demystifying fatwa through exploration of the distinctive place the have in Islamic jurisprudence, and second by identifying the methodology used by jurists in ifta (the giving of fatwas), which has enabled Islamic law to be responsive to new developments and contemporary challenges. Given the recent expansion of technological, economic and medical advances …
Reflections On Transgender Immigration, Nan Seuffert
Reflections On Transgender Immigration, Nan Seuffert
Faculty of Law - Papers (Archive)
Recently, the Human Rights Commission of New Zealand has conducted an inquiry that has officially documented 'the obstacles to dignity, equality and security for trans people'. The Australian Human Rights Commission has also recently conducted a sex and gender diversity project, and in 2006 the Equalities Review in the United Kingdom commissioned the largest research project ever untaken globally on trans people's lives, reported in Engendered Penalties: Transgender and Transsexual People's Experiences of Inequality and Discrimination. This article reflects on the implications of the issues raised by these recent reports and research for transgendered people immigrating to and from New …
Securing A Sustainable Future For The Oceans Beyond National Jurisdiction: The Legal Basis For An Integrated Cross-Sectoral Regime For High Seas Governance For The 21st Century, Rosemary Rayfuse, Robin M. Warner
Securing A Sustainable Future For The Oceans Beyond National Jurisdiction: The Legal Basis For An Integrated Cross-Sectoral Regime For High Seas Governance For The 21st Century, Rosemary Rayfuse, Robin M. Warner
Faculty of Law - Papers (Archive)
The legal regime for the high seas is fragmented both sectorally and geographically and is incomplete. Governance, regulatory, substantive and implementational gaps in the legal framework serve to limit the effectiveness of the high seas regime in securing a sustainable future for the conservation and use of the high seas environment and its resources. A global approach to further developing the high seas regime based on the concept of international public trusteeship for the oceans beyond national jurisdiction could foster environmentally responsible use of of the high seas and its resources and ensure the application of modern conservation principles and …
Current Legal Developments: The Arctic, Clive H. Schofield, Tavis Potts
Current Legal Developments: The Arctic, Clive H. Schofield, Tavis Potts
Faculty of Law - Papers (Archive)
The planting of a flag in a titanium canister on the seabed at the North Pole in August 2007 on the part of the Russian Federation and efforts by the other Arctic Ocean littoral states to reinforce their territorial and, particularly, maritime jurisdictional claims in the region, led to the Arctic becoming the focus of considerable global media attention in recent months. Much of this coverage has been alarmist in tone, replete with tales of a “scramble” or “race” for the Arctic, talk of an Arctic “land-grab”, and unease over a resultant Arctic resource “gold rush”. Although some of the …