Law Commons^™

Children With Gender Dysphoria And The Jurisdiction Of The Family Court, Felicity Bell

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

Gender dysphoria is described as ‘[m]ental distress caused by unhappiness with one’s own sex and the desire to be identified as the opposite sex’. Gender dysphoria is distinguished from being intersex, the subject of a recent Australian Senate Committee report, which is referable to physical characteristics. It is also distinguished from gender non-conformism, gender diversity or transsexualism as, in addition to identifying and living as one’s non-natal gender, it involves ‘clinically significant distress’. Unfortunately, children with gender dysphoria (and indeed many gender diverse young people) are almost by definition at a high risk of depression and anxiety, as well as …

Marine Protected Areas - Developing Regulatory Frameworks For Areas Beyond National Jurisdiction, Robin M. Warner

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

The increasing intensity and impacts of human activities in the global oceans pose significant threats to the extensive repository of marine species, habitats and ecosystems in the vast marine areas beyond national jurisdiction (ABNJ). This article examines the scope of these threats and the role of areas based management mechanisms such as marine protected areas (MPAs) in addressing those threats. It discusses the law and policy rationale for establishing MPAs in ABNJ and some regional examples of MPA designation in the North East Atlantic, the Mediterranean, Antarctica and the Sargasso Sea. Finally it reviews global initiatives in the United Nations …

Book Review: Limits Of Maritime Jurisdiction By Schofield, Lee And Kwon (Eds.), Lowell Bautista

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

There has been no shortage of books written on vital aspects of oceans law and policy. But there are few with the breadth and diversity of coverage, written by the most prominent law of the sea scholars and practitioners assembled in a single volume, such as in The Limits of Maritime Jurisdiction. The appeal of this book is undeniable: it is authoritative and scholarly yet accessible and refreshingly practical both to the seasoned scholar and the practitioner, dealing with important contemporary law of the sea issues from an enduring, intellectually robust and critical perspective.

Universalising Jurisdiction Over Marine Living Resources Crime, Gregory L. Rose, Ben Tsamenyi

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

WWF is one of the world’s largest and most experienced independent conservation organizations, with over 5 million supporters and a global network active in more than 100 countries.

WWF’s mission is to stop the degradation of the planet’s natural environment and to build a future in which humans live in harmony with nature, by conserving the world’s biological diversity, ensuring that the use of renewable natural resources is sustainable, and promoting the reduction of pollution and wasteful consumption.

The Australian National Centre for Ocean Resources and Security (ANCORS) is a leading provider of research, education and training, and authoritative policy-related …

Parting The Waves: Claims To Maritime Jurisdiction And The Division Of Ocean Space, Clive H. Schofield

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

This article casts aside traditional obsessions and examines the development and present state of coastal State claims to maritime jurisdiction, the overlapping claims to maritime space that have inevitably resulted from the significant extension of maritime claims in recent decades, and thus the delimitation of 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.

Protecting The Diversity Of The Depths: Environmental Regulation Of Bioprospecting And Marine Scientific Research Beyond National Jurisdiction, Robin M. Warner

Faculty of Law - Papers (Archive)

As scientific knowledge of marine areas beyond national jurisdiction increases and developments in oceans technology permit greater access to the high seas water column and the deep seabed, new and more intensive uses of these areas occur with consequential impacts on the marine environment. The discovery of hydrothermal vents in 1977 revealed communities of organisms with unique genetic and biochemical properties which can be used for a seemingly limitless catalogue of medical, pharmaceutical and industrial applications. Similar repositories of genetic and biochemical resources have been discovered in other deep sea environments such as cold water seeps and it is expected …

Preserving A Balanced Ocean: Regulating Climate Change Mitigation Activities In Marine Areas Beyond National Jurisdiction, Robin M. Warner

Faculty of Law - Papers (Archive)

The damaging effects of anthropogenically induced climate change on both the terrestrial and marine environments have been acknowledged by a succession of expert reports commissioned by global and national bodies. This recognition has spawned heightened levels of activity by scientists, engineers and entrepreneurs to mitigate the adverse effects of climate change. Multiple schemes have been suggested to ameliorate the adverse effects of climate change on the environment caused by the burning of fossil fuels and other greenhouse gas emissions including enhanced schemes to remove carbon dioxide from the atmosphere. The ability of the ocean to absorb rising levels of carbon …

Cooperative Mechanisms And Maritime Security In Areas Of Overlapping Claims To Maritime Jurisdiction, Clive Schofield

Faculty of Law - Papers (Archive)

This chapter outlines progress in the delimitation of maritime boundaries and some of the problems relating to overlapping claims to maritime jurisdiction. It is contended that the incomplete nature of the maritime political map of the world is problematic, in particular because lack of delimitation inevitably equates to jurisdictional uncertainty and this is highly likely to be detrimental to maritime security. Alternatives to maritime boundary delimitation - cooperative mechanisms in areas of overlapping jurisdiction - are then addressed, including their emerging applicability to maritime security issues as well as the Southeast Asian experience.