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Full-Text Articles in Law
Law's Empiricism Of The Object: How Law Recreates Cultural Objects In Its Own Image, Marett Leiboff
Law's Empiricism Of The Object: How Law Recreates Cultural Objects In Its Own Image, Marett Leiboff
Faculty of Law, Humanities and the Arts - Papers (Archive)
Watch an antique or collectables show on television, and more often than not, one segment is devoted to testing the knowledge of an expert panel (and sometimes members of the public) with a problem or 'mystery' object. The object of the exercise (no other word will do so the pun must stay), is to find out what the object actually is, what it was used for, and when it was used. Sometimes the experts know what it is, but more often than not, the host has to tell them. The only way an object can provide some kind of objective …
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.
Thinking Outside The Box: The South China Sea Issue And The United Nations Convention On The Law Of The Sea (Options, Limitations And Prospects), Lowell Bautista
Thinking Outside The Box: The South China Sea Issue And The United Nations Convention On The Law Of The Sea (Options, Limitations And Prospects), Lowell Bautista
Faculty of Law, Humanities and the Arts - Papers (Archive)
The South China Sea issue is a geopolitical tinder box waiting to explode.2 It is clear that the primary reason for the claims is based on its strategic location and its hydrocarbon potential,3 However, this is more than a simple conflict over resources.4 The issue goes beyond the question of territorial sovereignty and natural resource jurisdiction.s This 1S more than a legalquestion of ownership.