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Faculty of Law - Papers (Archive)

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Strategic Environmental Assessment: Lessons For New South Wales, Australia, From Scottish Practice, Andrew H. Kelly, Tony Jackson, Peter Williams Jan 2012

Strategic Environmental Assessment: Lessons For New South Wales, Australia, From Scottish Practice, Andrew H. Kelly, Tony Jackson, Peter Williams

Faculty of Law - Papers (Archive)

Disparate approaches to strategic environmental assessment (SEA) in New South Wales (NSW), Australia and Scotland are compared. The first is fragmented and unfamiliar while the other is well established. A detailed analysis of the use of SEA in each jurisdiction follows a contextual evaluation of its purpose. Whereas the Scottish system is supported by recent regulation and policy, both NSW and the overriding Commonwealth Government follow haphazard actions with few if any settled methodologies. In order to improve its environmental assessment credentials and promote more sustainable development outcomes, NSW might consider the need for SEA more seriously. Investigation of other …


Perspectives On The Organisation And Control Of The Illicit Traffic In Antiquities In South East Asia, Christine Adler, Duncan Chappell, Kenneth Polk Jan 2009

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.


Joining Forces To Combat Crime In The Maritime Domain: Cooperative Maritime Surveillance And Enforcement In The South Pacific Region, Robin M. Warner Jan 2008

Joining Forces To Combat Crime In The Maritime Domain: Cooperative Maritime Surveillance And Enforcement In The South Pacific Region, Robin M. Warner

Faculty of Law - Papers (Archive)

The South Pacific as a region has far more ocean space than land territory. The majority of small island States in the South Pacific are heavily dependent on the sea for their resources and livelihoods. While militaries in our region have recently been focussed on resolving the civil disorder generated by political unrest on land, in locations such as Bougainville, Solomon Islands and Fiji, navies have also had prevalent maritime law enforcement roles in the region, both advisory and operational, for several decades. Threats to the security of the region from crime in the maritime domain will continue to arise …


South Pacific Security And The Emerging Doctrine Of 'Co-Operative Intervention': The Pacific Way Or Howard's Way, Gregor H. Allan Jan 2005

South Pacific Security And The Emerging Doctrine Of 'Co-Operative Intervention': The Pacific Way Or Howard's Way, Gregor H. Allan

Faculty of Law - Papers (Archive)

The end of the Cold war catalysed considerable recalibration in the world's security architecture. In Australia, whilst this entailed a closer embrace of Asia, the South Pacific did not initially engage Australian security interests. However, post 11 September 2001 and post the terrorist attacks in Bali of October 2002, much has changed. The notion of 'comprehensive security'—in which Pacific security is seen as a function of a wide variety of social, political and strategic phenomena—has assumed such prominence it has ushered in an expanded justification for one state to intervene in the affairs of another. Although, as in the case …


Legal Framework And Enforcement Experience Of Marine Protected Areas In Tasmania, New South Wales And Commonwealth Waters, Warwick Gullett Jan 2003

Legal Framework And Enforcement Experience Of Marine Protected Areas In Tasmania, New South Wales And Commonwealth Waters, Warwick Gullett

Faculty of Law - Papers (Archive)

With the exception of the Great Barrier Reef Marine Park, there have been no prosecutions for specific offences within marine protected areas (MPAs) in Australia at the federal level or in Tasmania and New South Wales. However, it cannot be assumed that compliance is responsible for this lack of prosecutions. Rather, in some cases, enforcement officers prosecute offences under more general provisions found in fisheries legislation than under provisions for specific offences created in MPAs. In other cases, there has been a long lag time between the declaration of MPAs and the adoption of comprehensive and effective legislative arrangements creating …