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Full-Text Articles in Law
The Developmental State Model: A Comparative Analysis Of Japan Approach And The New Developmental State In South America, Gabriel Garcia
The Developmental State Model: A Comparative Analysis Of Japan Approach And The New Developmental State In South America, Gabriel Garcia
Faculty of Law, Humanities and the Arts - Papers (Archive)
This is a working-in-progress paper on the Developmental State Model: a Comparative Analysis of Japan's Approach and the New Developmental State in Brazil. The case of Brazil was the topic of a book published in 2013 edited by Trubek, Alviar Garcia, Coutinho and Santos titled 'Law and the New Developmental State, the Brazilian Experience in Latin American Context'. The volume contains contributions that argue a 'new' developmental state model is emerging in Brazil. A preliminary literature review suggests that the Brazilian government has incorporated in its development policies some of the features that defined the Japanese developmental state a few …
Food Safety Offenses In New South Wales, Australia: A Critical Appreciation Of Their Complexities, Abu Noman Mohammad Atahar Ali, S M. Solaiman
Food Safety Offenses In New South Wales, Australia: A Critical Appreciation Of Their Complexities, Abu Noman Mohammad Atahar Ali, S M. Solaiman
Faculty of Law, Humanities and the Arts - Papers (Archive)
Food is essentially a primary need of all life to remain alive. Faults or carelessness of human beings renders foods unsafe, which may cause disease and death. This article examines selected food safety offenses of New South Wales aimed at assessing their definitional clarity and penal rationality looking through the lens of an offender's culpability. It carries out a critical analysis based on archival materials and concludes that the present offense provisions hold significant merits to regulate food safety; however, further clarity of their inherent complexities could enhance their efficacy.
Defining Eez Claims From Islands: A Potential South China Sea Change, Robert Beckman, Clive Schofield
Defining Eez Claims From Islands: A Potential South China Sea Change, Robert Beckman, Clive Schofield
Faculty of Law, Humanities and the Arts - Papers (Archive)
In the face of seemingly intractable territorial and maritime disputes in the South China Sea, the article examines how the 1982 United Nations Convention on the Law of the Sea (LOSC), sets out what maritime claims States can make in the South China Sea and how it establishes a framework that will enable States to either negotiate maritime boundary agreements or negotiate joint development arrangements (JDAs) in areas of overlapping maritime claims. It provides an avenue whereby the maritime claims of the claimants can be brought into line with international law, potentially allowing for meaningful discussions on cooperation and maritime …
Speaking Too Soon: The Sabotage Of Bail Reform In New South Wales, D. Brown, Julia Quilter
Speaking Too Soon: The Sabotage Of Bail Reform In New South Wales, D. Brown, Julia Quilter
Faculty of Law, Humanities and the Arts - Papers (Archive)
Within just over one month of coming into operation in May 2014, the new Bail Act 2013 (NSW), a product of long-term law reform consideration, was reviewed and then amended after talk-back radio ‘shock jock’ and tabloid newspaper outcry over three cases. This article examines the media triggers, the main arguments of the review conducted by former New South Wales (NSW) Attorney General John Hatzistergos, and the amendments, with our analysis of the judicial interpretation of the Act thus far providing relevant background. We argue that the amendments are premature, unnecessary, create complexity and confusion, and, quite possibly, will have …