Law Commons^™

Review Of "Transcultural Writers And Novels In The Age Of Global Mobility", Michael R. Jacklin

Faculty of Law, Humanities and the Arts - Papers (Archive)

Mobility is a fact of contemporary life. Whether voluntary or forced, experiences of relocation are shaping the lives of millions and, increasingly, literature is turning to matters of transcultural and translingual identity that follow such relocations.

The Who Emf Project: Legitimating The Imaginary Of Global Harmonization Of Emf Safety Standards, David Mercer

Faculty of Law, Humanities and the Arts - Papers (Archive)

An important topic for studies of STS and globalization are the ways “global” institutions create and attempt to implement health guidelines and safety standards to address risks associated with new technologies. In the following discussion this topic is examined through a case study of the activities of the World Health Organization’s Electric and Magnetic Field Project (WHO EMF Project).

The Neoliberal Governance Of Global Labor Mobility: Migrant Workers And The New Constitutional Moments Of Primitive Accumulation, Hironori Onuki

Faculty of Law, Humanities and the Arts - Papers (Archive)

One feature of the ''age of migration'' in which we live has been an increasing movement of labor from the Global South to the North, mainly in ''low-skill'' and low-wage jobs. This article examines how far and in what ways contemporary capital-driven migration-related policies in labor-receiving and labor-sending states have shaped the subjectivity of transnational migrant workers and their positioning in host societies. It does so through the notion of new constitutional moments of primitive accumulation that designates the production of social spaces for the commodification of labor through the implementation of specific migration policies by labor-receiving states in the …

Future Coastal Population Growth And Exposure To Sea-Level Rise And Coastal Flooding – A Global Assessment, Barbara Neumann, Athanasios T. Vafeidis, Juliane Zimmermann, Robert J. Nicholls

Faculty of Law, Humanities and the Arts - Papers (Archive)

Coastal zones are exposed to a range of coastal hazards including sea-level rise with its related effects. At the same time, they are more densely populated than the hinterland and exhibit higher rates of population growth and urbanisation. As this trend is expected to continue into the future, we investigate how coastal populations will be affected by such impacts at global and regional scales by the years 2030 and 2060. Starting frombaseline population estimates for the year 2000, we assess future population change in the low-elevation coastal zone and trends in exposure to 100-year coastal floods based on four different …

The Rise Of The Global South, The Imf And The Future Of Law And Development, Gabriel Garcia

Faculty of Law, Humanities and the Arts - Papers (Archive)

Following the onset of the Asian Financial Crisis the world has witnessed a re-accommodation of the global financial system. In the particular case of middle-income countries they have disentangled themselves from the conditionality of the IMF and grown into more assertive actors in international forums, proposing new alternative mechanisms to become more financially independent and for the provision of development assistance. This article critically reviews the new reality by assessing the strategies deployed by developing countries to reduce the IMF's influence, and explores the potential consequences of the rise of middle-income nations for Law and Development.

Accounting For Nonconvergence In Global Wool Marketing Before 1939, David Merrett, Simon Ville

Faculty of Law, Humanities and the Arts - Papers (Archive)

From the mid-nineteenth century, raw wool became a global commodity as new producing countries in the Southern Hemisphere supplied the world's growing textile industries in the North. The selling practices of these big-five exporters - Australia, New Zealand, South Africa, Argentina, and Uruguay - ranged from auction through a hybrid of auction and private sale to exclusively private sale. We explore why these countries persisted with different marketing arrangements, contradicting two streams of literature on institutions: isomorphism and the new institutional economics. The article makes several important contributions through blending distinct branches of theory and by focusing on the international …

Conserving Marine Biodiversity In The Global Marine Commons: Co-Evolution And Interaction With The Law Of The Sea, Robin Warner

Faculty of Law, Humanities and the Arts - Papers (Archive)

As global shipping intensifies and technological advances provide more opportunities to access the resources of the high seas and the deep seabed beyond national jurisdiction (ABNJ), the catalogue of threats to the marine environment and its biodiversity increase commensurately. Beyond these threats, new and emerging uses of ABNJ including more intrusive marine scientific research, bio-prospecting, deep seabed mining and environmental modification activities to mitigate the effects of climate change have the potential to harm the highly interconnected and sensitive ecosystems of the open ocean and the deep seabed if not sustainably managed now and into the future. Modern conservation norms …

We Need A Global Conservation Agreement For The High Seas, Robin Warner

Faculty of Law, Humanities and the Arts - Papers (Archive)

The high seas cover about 50% of Earth’s surface and host a major share of the world’s biodiversity, but remain largely ungoverned. With increasing threats to open ocean ecosystems, now more than ever we need a high seas conservation agreement.

Recently the first of three meetings was held in New York to assess the scope, parameters and feasibility of an international conservation agreement for the high seas and the sustainable use of its biodiversity. States meeting at the UN will decide by September 2015 whether to have such an agreement.

So why are the high seas important for conservation?

Global Ethics: Increasing Our Positive Impact, Keith Horton

Faculty of Law, Humanities and the Arts - Papers (Archive)

Global ethics is no ordinary subject. It includes some of the most urgent and momentous issues the world faces, such as extreme poverty and climate change. Given this, any adequate review of that subject should, I suggest, ask some questions about the relation between what those working in that subject do and the real-world phenomena that are the object of their study. The main question I focus on in this essay is this: should academics and others working in the field of global ethics take new measures aimed at having more real-world positive impact on the phenomena they study? Should …

Fish For The Future: Fisheries Development And Food Security For Kiribati In An Era Of Global Climate Change, Brooke M. Campbell, Quentin A. Hanich

Faculty of Law, Humanities and the Arts - Papers (Archive)

The report provides background information for subsequent fisheries projects in Kiribati that aim to build food security, improve artisanal livelihoods and strengthen community engagement in fisheries governance. It provides information on the current status of Kiribati fishery resources (oceanic and coastal), their current governance and future challenges. Fish and fisher alike pay little heed to maritime boundaries and bureaucratic distinctions. This report covers both sides of the oceanic/coastal boundary because of the I-Kiribati communities’ interest in oceanic fisheries such as tuna and their heavy dependence on its fisheries resources for food security and economic development. The report focuses on two …

Dodgy Science Or Global Necessity? Local Media Reporting Of Marine Parks, Michelle Voyer, Tanja Dreher, William Gladstone, Heather Goodall

Faculty of Law, Humanities and the Arts - Papers (Archive)

The digital age and globalization has brought international issues to our doorstep and placed the local in the context of the global. News media have played a crucial role in allowing recognition and exploration of the global origins and outcomes of many environmental crises such as climate change, deforestation, threatened species management and biodiversity loss (Cottle, 2011c). The modern environmental movement has responded to the global scale of these crises with campaigns for global solutions. Many of these campaigns rely heavily on coordinated, collective action across a multitude of jurisdictions around the world, with the success of global campaigns dependent …

"Global Jihad": The Canadian Experience, Samuel J. Mullins

Faculty of Law, Humanities and the Arts - Papers (Archive)

This study aims to address the relative lack of research examining the Canadian experience of terrorism relating to the “Global Salafi Jihad.” The fundamental research question was “What have people living in, or from, Canada been doing to support or advance violent jihad either at home or abroad?” Data were collected on individuals active from the 1980s through to the end of 2011 in an effort to be as exhaustive as possible. They were analysed according to three broad categories: background variables; operational variables; and investigations and outcomes. The sample was further divided into two and results compared according to …

Options To Protect Coastlines And Secure Maritime Jurisdictional Claims In The Face Of Global Sea Level Rise, Clive Schofield, David Freestone

Faculty of Law, Humanities and the Arts - Papers (Archive)

It is now widely accepted that significant sea level rise is taking place and that this phenomenon is likely to accelerate in the future. This poses potentially disastrous implications for many coastal States, especially those with large and heavily populated low-lying coastal areas, as well as small low-lying island States. In addition to the essentially terrestrial, inward-looking threat posed to low-lying coastal areas and their associated populations from inundation by rising seas, threats also exist looking outward from the land to the ocean spaces adjacent to such threatened territories. In particular, sea level rise has the potential to significantly affect …

Revisiting Securities Regulation In The Aftermath Of The Global Financial Crisis: Disclosure – Panacea Or Pandora’S Box?, S M. Solaiman

Faculty of Law, Humanities and the Arts - Papers (Archive)

The United States introduced federal securities regulation by adopting the Disclosure-Based Regulation (DBR) in 1933 resembling the doctrine of caveat venditor (DCV) as a substitute for the doctrine of caveat emptor (DCE) in the securities market. The overarching objective of the DBR was to protect investors by enabling them to make 'informed decisions'. Although the change aimed to protect investors, the causes of the GFC suggest that the DCV exists only in theory, while issuers of securities are still enjoying the benefits of the DCE in practice. Financial innovations that intend to camouflage the risks inherent in the complex derivative …

The Importance Of The Local In A Global Age: A Comparative Analysis Of Networking Strategies In Postgraduate Law Research Teaching, Linda Roslyn Steele, Rita Shackel, Felicity Bell

Faculty of Law, Humanities and the Arts - Papers (Archive)

Research indicates that postgraduate research students, and particularly those researching in law, feel isolated socially and academically from one another, and from scholarly life. Postgraduate research students are now more globally connected because of technology. Yet opportunities to connect with colleagues locally, to share and reflect on research findings, methods and experiences are insufficient. This paper reports on the preliminary stages of a project led by legal and criminological scholars to establish a postgraduate student network that is interdisciplinary, interfaculty and cross institutional in structure with a specific focus on ‘crim*’ related studies including criminology, criminal law and criminal justice. …

Local Myths In A Global Work: Merlinda Bobis' 'White Turtle', Tara Goedjen

Faculty of Law, Humanities and the Arts - Papers (Archive)

If only we all had porous bones, and thinner skin, when listening to a tale. Such is one token offered by Merlinda Bobis’ prismatic short story, ‘White Turtle’, which harnesses the uncanny in an intercultural meeting of the ear1 and tongue.2 ‘White Turtle’ is a story inside a story, as Bobis’ character, the Filipina chanter Lola Basyon, sings in her native language to conjure a white turtle that ferries the dreams of dead children in the presence of an Australian crowd at a Sydney writers’ festival.

Gaps In The Implementation Of Environmental Law At The National, Regional And Global Level, Gregory L. Rose

Faculty of Law, Humanities and the Arts - Papers (Archive)

Networked integrated and adaptive approaches to implementation and compliance may be the signature of the emerging generation of environmental law.

The first generation of environmental law saw the creation of specialist environmental administrations and the introduction of a suite of laws for them to administer on environmental impact assessment, pollution control, wilderness conservation and threatened species conservation. This was the generation of the 1972 Stockholm Conference on the Human Environment.

The second generation of environmental law saw a shift in focus to sustainable development, reflecting the increased participation of developing countries in international diplomatic initiatives on the environment. It signified …

A Seabed Scramble: A Global Overview Of Extended Continental Shelf Submissions, Robert Van De Poll, Clive Schofield

Faculty of Law, Humanities and the Arts - Papers (Archive)

Early 2009 saw a flurry of submissions of information on proposed outer continental shelf limits to the United Nations Commission on the Limits of the Continental Shelf (CLCS). It is evident that many of these submissions overlap with one another where neighbouring States are located on shared continental margins, thereby giving rise to multiple „new‟ outer continental shelf boundaries and, it would appear, potential outer continental shelf boundary disputes. The paper provides a global overview of the impact of extended continental shelf submissions. These substantial „additional‟ areas of continental shelf may contain valuable seabed resources, including hydrocarbons. However, development of …

Capitalizing A Future Unsustainable: Global Energy And The Fate Of Market Civilization, Timothy Dimuzio

Faculty of Law, Humanities and the Arts - Papers (Archive)

Liberal capitalist polities are being held up as the ultimate civilizational achievement precisely at a point in time when the energy intensive built environments & rampant & senseless consumerism of these societies are threatened by ecological devastation & the coming end of cheap & abundant fuel. Throughout the twentieth century this pattern of high energy consumption social reproduction was largely shaped by the global energy industry & the industries it spawned and/or allowed to flourish. Yet due to a number of foreseeable, if not entirely predictable, future obstacles & challenges, this blueprint of development seems doomed to failure. However, despite …

Meeting Global Goals At Regional Scales And In The High Seas, Caitlyn Toropova, Richard Kenchington, Marjo Vierros, Georgina Bustamante, Robert Glazer, Alessandra Vanzella-Khouri, Charlotte Karibuhoye, Lauren Wenzel, Kohei Hibino, M K. Tan, Imen Meliane, Kristina Gjerde, Christophe Lefebvre

Faculty of Law, Humanities and the Arts - Papers (Archive)

The establishment of MPAs is, in essence, a political process and to this end the great majority of MPAs have been established by national authorities, or by state authorities in some larger naitons. Of course oceanographic pattern and processes have no cognizance of political boundaries. Over the last decade, many regional organizations have been dedicating efforts to mprove larger-scale MPA planning and management.

Care, Social (Re)Production And Global Labour Migration: Japan’S ‘Special Gift’ Toward ‘Innately Gifted’ Filipino Workers, Hironori Onuki

Faculty of Law, Humanities and the Arts - Papers (Archive)

The Economic Partnership Agreement (EPA)1 concluded by the Japanese and the Philippine governments on 9 September 2006, was described in the Japanese media as a ‘new step toward opening Japan’s labour market’ (Asahi Shimbun 2006b). Similar to Japan’s previous free trade treaties with Singapore, Mexico and Malaysia, the Japan-Philippines Economic Partnership Agreement (JPEPA) mainly concerns tariff reduction to facilitate bilateral exchanges of goods and services (Ministry of Foreign Affairs (MOFA) 2006).2 Yet, its distinctive feature is its facilitation of the movement of ‘natural persons’ – more specifically, the JPEPA allows for the Philippines to send up to 400 nurses and …

Shirley Hazzard And I: The Self, The Writer, The Nation And The World At 'Australian Literature In A Global World', Anne Collett

Faculty of Law, Humanities and the Arts - Papers (Archive)

"I don't believe that the best of this country's writers will wish to rest on 'identity': that is, to invite the risk that a work will be praised, and even over-valued, for its Australian associations - however striking their effects - rather than for its greater human truth." (Hazzard, Boyoer Lectures, 28)

Migration Workers As Political Subjects: Globalization-As-Practices, Everyday Spaces, And Global Labour Migrations, Hironori Onuki

Faculty of Law, Humanities and the Arts - Papers (Archive)

Within the currently intensified labour flows from developing societies to highly industrialized areas, the Philippines has been the largest supplier of government-sponsored contract workers. Overseas contract employment was institutionalized by the Philippine government in 1972 to tackle the problems of unemployment and foreign debt. The remittances from migrant workers have become a major source of foreign currency for the national economy, which led the then president Aquino to call overseas workers "national heroes." In this light, building upon Louise Amoore's conceptualization of globalization as sets of globalizing social practices, my essay will investigate the concrete, contingen,t and situated practices of …

Language Literacy And Diversity @ 21st Century: A New Basics For Designing Global Learning, Koo Yew Lie, Peter Kell, Wong Fook Fei

Faculty of Law, Humanities and the Arts - Papers (Archive)

Editorial: This volume examines learning and the learner as situated in a range of social and institutional contexts in Australia and Malaysia. This is the second volume in a special themed collection of two volumes on language, literacy and education in changing times. This volume explores the intersections between ICT, globalisation and institutional change with the issue of multilingualism and literacy (ways of reading, writing, speaking, listening and communicating in two or more languages) in environments of complex multiple and intersecting agendas of change.

Working With Global English: The Experience Of English Language Teachers In A University Language College, Peter Kell, Gillian Vogl

Faculty of Law, Humanities and the Arts - Papers (Archive)

Through in-depth interviews and focus groups with English Language teachers employed at a university bridging college, this paper explores the challenges that teachers face in preparing international students for university life in Australia. Findings from this research suggest that the narrow business focused objectives of the English Language market undermine more holistic approaches to teaching English. A more holistic approach is required to respond to the social and cultural needs of students while they are studying in Australia. Nevertheless, this research suggests that regardless of the instrumental and reductionist neo liberal philosophy which informs these programs, meaningful intercultural dialogue, critical …

Out On The Global Stage: Authenticity, Interpretation And Orientalism In Japanese Coming Out Narratives, Mark Mclelland

Faculty of Law, Humanities and the Arts - Papers (Archive)

In recent years in Anglophone countries and the societies of northern Europe, the 'coming out' narrative has emerged as the primary genre through which individuals who identify as lesbian and gay narrate their lives. Through the wide reach of western gay print media and also sites on the Internet, this discourse is also gaining ground in societies where 'sexuality' has not traditionally been a privileged site of 'identity.' In the 1990s, Japan, like other societies in Asia, underwent a 'gay boom' in which new, primarily western terminology, began to be deployed in an attempt to describe and speak for previously …

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