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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 …
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 …
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.
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 …