Law Commons^™

Three Tax Alternatives To Restore Sovereignty To Australias States, Gregory C. Melleuish

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

No abstract provided.

Twilight States And The Edges Of Darkness, Jo Law, Agnieszka Golda

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

No abstract provided.

To Restore Federalism, Strengthen The States And Make Australia More Republican, Gregory Melleuish

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

The reform of Australia’s federation is under review. In this special series, we ask leading Australian academics to begin a debate on renewing federalism, from tax reform to the broader issues of democracy.

The University of Wollongong’s Gregory Melleuish explains how the current state-federal relationship has warped from the ideals of Australia’s constitution and why a return to republican principles must be the remedy.>p>

Statutory Civil Liabilities Of Corporate Gatekeepers For Defective Prospectuses In Australia, The United States, The United Kingdom And Canada: A Comparison, S M. Solaiman

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

Securities regulation is largely the regulation of information asymmetry in relation to the selling of financial assets described as securities. This selling requires information concerning issuers and their securities to be disclosed to the investing public. Securities regulation seeks to regulate this disclosure in order to ensure a level playing field between issuers and their potential investors. The House of Lords in Peek v Gurney held in 1873 that the objective of a prospectus was to enable investors to make an informed investment decision.' Most of the recent corporate failures in the United States between 2001 and 2002 such as …

Decent Work, Older Workers And Vulnerability In The Economic Recession: A Comparative Study Of Australia, The United Kingdom, And The United States, Susan Bisom-Rapp, Andrew D. Frazer, Malcolm Sargeant

Faculty of Law - Papers (Archive)

In countries with aging populations, the global recession presents unique challenges for older workers, and compels an assessment of how they are faring. To this end, the International Labour Organization's concept of decent work provides a useful metric or yardstick. Decent work, a multifaceted conception, assists in revealing the interdependence of measures needed to secure human dignity across the course of working lives. With this in mind, in three English-speaking, common law countries - Australia, the United Kingdom, and the United States - this article considers several decent work principles applicable to older workers and provides evaluations in light of …

Regional Fisheries Management In Ocean Areas Surrounding Pacific Islands States, Quentin Hanich

Faculty of Law - Papers (Archive)

No abstract provided.

The Delimitation Of Maritime Boundaries Of The Pacific Island States, Clive H. Schofield

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

The Pacific island States possess limited land territory but enormous maritime entitlements. Claims to maritime jurisdiction out to 200 nautical miles offshore, and in some cases the existence of continental shelf rights extending beyond the 200 mile limit, have resulted in overlapping claims and the creation of numerous “new” international maritime boundaries. The majority of these potential maritime boundaries both among the Pacific island States and between the Pacific island States and their maritime neighbours have yet to be delimited. The paper outlines relevant claims to maritime jurisdiction including recent submissions regarding outer continental shelf limits, explores how maritime boundaries …

The Offshore Jurisdiction Of The Australian States, Stuart B. Kaye

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

Australian offshore jurisdiction is among the most complex in the world, not least in part because of the division in jurisdiction between the Commonwealth Government in Canberra, and the Australian state governments. State jurisdiction is increasingly important in Australia, with increases in maritime capabilities for state police forces, the proliferation of state marine parks as part of the suite of national parks and the relevance of state jurisdiction to native title. This article provides an introduction to the determination of maritime jurisdiction vested in the Australian states, an area of law generally poorly understood and seldom considered by publicists.

Review: Robin Archer, Why Is There No Labor Party In The United States?, Gregory Melleuish

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

Book review: Robin Archer, Why is there no Labor Party in the United States? (Princeton University Press, 2007)

Exclusive Economic Zones And Pacific Developing Island States - Who Really Gets All The Fish?, Quentin A. Hanich, Ben M. Tsamenyi

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

The establishment of exclusive economic zones (EEZs), through the 1982 United Nations Convention on the Law of the Sea (LOSC), changed the allocation of fishing rights. These zones allocated all fishing rights within 200 nautical miles of land to neighbouring coastal States. This change dramatically increased sovereign rights for Pacific small island States. In many cases, these States, with limited terrestrial resources, were allocated large resource rich EEZs that had previously been dominated by distant water fishing States. Distant water fishing States, concerned that they would lose access to 85-90% of the world's active fishing grounds, argued that the LOSC …