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Articles 1 - 21 of 21
Full-Text Articles in Law
Comparison, Self-Direction And Creativity: Contextualising Public Law, Danielle Ireland-Piper
Comparison, Self-Direction And Creativity: Contextualising Public Law, Danielle Ireland-Piper
Danielle Ireland-Piper
The study of law can be technical and dry. Law is often taught in a didactic manner that focuses upon complex legal rules, doctrine and theories in isolation form the law’s social, cultural and political contexts. Law teachers often employ orthodox, conservative teaching methods such as didactic lectures and the prescribing of large quantities of reading. Consequently, the level of engagement by law students in their studies can be rather low, and many students are extrinsically, rather then intrinsically, motivates.
Responsible International Citizenry In The Asian Century: Why Failure To Meet International Obligations Adversely Affects Australian National Interests, Danielle Ireland-Piper
Responsible International Citizenry In The Asian Century: Why Failure To Meet International Obligations Adversely Affects Australian National Interests, Danielle Ireland-Piper
Danielle Ireland-Piper
If Australia is to secure its financial and security interests in the Asian century, then it must build effective working relationship in the Asia-Pacific. To do so, Australia must build familial and not merely transactional relationship in Asia. In turn, this requires Australia to present as a responsible international citizen. This image of responsible citizenry, however, is difficult to achieve when the Australian Constitution permits race-based laws and Australia’s approach to regional asylum seeker management may violate international law. This is because the hypocrisy inherent in non-compliance impedes Australia's capacity to build meaningful relationship in the Asian region. in that …
Regulating Extraterritoriality: New Frontiers In Public Law, Danielle Ireland-Piper
Regulating Extraterritoriality: New Frontiers In Public Law, Danielle Ireland-Piper
Danielle Ireland-Piper
No abstract provided.
Public Law In A Comparative And Inter-Disciplinary Paradigm, Danielle Ireland-Piper
Public Law In A Comparative And Inter-Disciplinary Paradigm, Danielle Ireland-Piper
Danielle Ireland-Piper
No abstract provided.
Out Of Tune And Out Of Time: The Relationship Between Australia’S International Obligations And Australian Constitutionalism And Why It Matters To Our Identity In The Asian Century, Danielle Ireland-Piper
Out Of Tune And Out Of Time: The Relationship Between Australia’S International Obligations And Australian Constitutionalism And Why It Matters To Our Identity In The Asian Century, Danielle Ireland-Piper
Danielle Ireland-Piper
The constitutionalism of a nation says much about its national identity. Sections 25 and 51(xxvi) of the Australian Constitution are at odds with Australia’s international obligations under the United Nations Declaration of Human Rights, and the International Covenant on Civil and Political Rights. Further, Australia’s current asylum seeker policy is a perversion of our obligations under the Convention relating to the Status of Refugees. These failures to comply with our international obligations are at best, relics of a racist colonial history, and at worst, manifestations of our contemporary national identity. Whilst some may argue that there are other states in …
Extraterritorial Criminal Jurisdiction And The Rule Of Law, Danielle Ireland-Piper
Extraterritorial Criminal Jurisdiction And The Rule Of Law, Danielle Ireland-Piper
Danielle Ireland-Piper
Nations states are demonstrating an increased willingness to assert jurisdiction over conduct occurring extraterritorially. This paper considers why that may be the case, and seeks to examine the extent to which assertions of extraterritorial criminal jurisdiction are consistent with the rule of law. Case studies of assertions of extraterritorial jurisdiction are presented and analysed using five principles as benchmarks. To that end, the rule of law is taken to refer to the following five principles: 1) The law must be both readily known and available, and certain and clear; 2) The law should be applied to all people equally, and …
The Enrica Lexie And St. Antony: A Voyage Into Jurisdictional Conflict, Danielle Ireland-Piper
The Enrica Lexie And St. Antony: A Voyage Into Jurisdictional Conflict, Danielle Ireland-Piper
Danielle Ireland-Piper
The decision of the Supreme Court of India in Republic of Italy v Union of India illustrates the legal and diplomatic complexities that can arise when nations, and states within those nations, have competing claims to jurisdiction over the prosecution of criminal offences. In our increasingly interconnected world, competing claims to jurisdiction are more likely. The decision, among other things, is concerned with legal aspects of coastal state jurisdiction in a federal system and sovereign immunity under international law. This decision is of interest because Australia, like India, is a coastal nation that divides power between federal and state governments. …
Is There A 'Right' To Sport?, Danielle Ireland-Piper, Kim Weinert
Is There A 'Right' To Sport?, Danielle Ireland-Piper, Kim Weinert
Danielle Ireland-Piper
This article asks the question: ‘is there a ‘‘right’’ to sport?’ In so doing, the nature of a ‘right’ is defined and the ‘governing rules’ by which that right is to be understood are identified. In short, while a number of international instruments allude to the importance of sport and recreation, there is little evidence of an express right in Australia, or in other countries such as Canada, the United States, and South Africa. Nonetheless, it is arguable that implicit in the rights of disabled persons to enjoy the same access to sport and recreation as able-bodied persons is recognition …
Development Through Sport: Fans And Critics, Danielle Ireland-Piper
Development Through Sport: Fans And Critics, Danielle Ireland-Piper
Danielle Ireland-Piper
Sport is used as a tool for development, dispute resolution and reconciliation. The use of sport to meet development goals such as education, health and gender equity has grown into a widely recognised form of development assistance, commonly known as ‘Development through Sport’ (DTS). Further, the right to physical activity is a substantive human right. Nonetheless, the DTS movement has both its fans and critics. This article analyses four common concerns; namely, that DTS is racially constructed, lacking in credibility, poorly coordinated and inadequately evaluated. This article agrees that the DTS movement should improve the delivery and implementation of development …
Prosecutions Of Extraterritorial Criminal Conduct And The Abuse Of Rights Doctrine, Danielle Ireland-Piper
Prosecutions Of Extraterritorial Criminal Conduct And The Abuse Of Rights Doctrine, Danielle Ireland-Piper
Danielle Ireland-Piper
Under international law, states can in certain circumstances institute domestic prosecutions over conduct occurring extraterritorially. Such exercises of extraterritorial jurisdiction sit at the crossroads of domestic and international law and can be highly controversial. This paper considers whether the abuse of rights doctrine is useful in regulating assertions of extraterritorial criminal jurisdiction. Part I introduces the principles of extraterritorial jurisdiction under international law. Part II provides examples of some of the problems that can arise in domestic prosecutions of extraterritorial criminal conduct, compromising the ability of an individual to enjoy a fair trial. Part III considers the effectiveness of the …
Extraterritoriality And The Sexual Conduct Of Australians Overseas, Danielle Ireland-Piper
Extraterritoriality And The Sexual Conduct Of Australians Overseas, Danielle Ireland-Piper
Danielle Ireland-Piper
In April 2010, the Australian Parliament inserted Division 272 into the Criminal Code (Cth).[1]3 The division is entitled ‘Child sex offences outside Australia’ and contains various offences relating to sexual intercourse or sexual activity, even where that activity takes place overseas. The title of its predecessor (Part IIIA of the Crimes Act 1914) was ‘Child Sex Tourism’. However, the scope of the offences under both Part IIIA and Division 272 extends to conduct that takes place overseas with no territorial nexus to Australia other that the Australian citizenship or residency of the offender. For example, an Australian citizen who is …
Constitutionalised Racism: Why Australia Needs Its Own Section 6, Danielle Ireland-Piper
Constitutionalised Racism: Why Australia Needs Its Own Section 6, Danielle Ireland-Piper
Danielle Ireland-Piper
No abstract provided.
Development Through Sport: Fans And Critics Of The New Player On The Field, Danielle Ireland-Piper
Development Through Sport: Fans And Critics Of The New Player On The Field, Danielle Ireland-Piper
Danielle Ireland-Piper
Literature on international aid and development espouses the principle of ‘do no harm’. In that context, there has been an increased interest in, and incident of, Development through Sport (DTS) initiatives. As with all new players in an old game, the DTS movement has both its fans, and critics. This paper seeks to acknowledge the benefits advocated by fans; engage with its critics; and propose means by which to reconcile the two. In so doing, the distinction is made between ‘Sport Development’, and ‘Development through Sport’. The paper concludes that goodwill, while commendable, is not enough achieve sustainable development goals. …
Development Through Sport: Fans And Critics Of The New Player On The Field, Danielle Ireland-Piper
Development Through Sport: Fans And Critics Of The New Player On The Field, Danielle Ireland-Piper
Danielle Ireland-Piper
Literature on international aid and development espouses the principle of ‘do no harm’. In that context, there has been an increased interest in, and incident of, Development through Sport (DTS) initiatives. As with all new players in an old game, the DTS movement has both its fans, and critics. This paper seeks to acknowledge the benefits advocated by fans; engage with its critics; and propose means by which to reconcile the two. In so doing, the distinction is made between ‘Sport Development’, and ‘Development through Sport’. The paper concludes that goodwill, while commendable, is not enough achieve sustainable development goals. …
Extraterritoriality - The New Frontier, Danielle Ireland-Piper
Extraterritoriality - The New Frontier, Danielle Ireland-Piper
Danielle Ireland-Piper
No abstract provided.
The Long Arm Of The Law: Conceptual Frameworks For Analyzing Exercises Of Jurisdiction, Danielle Ireland-Piper
The Long Arm Of The Law: Conceptual Frameworks For Analyzing Exercises Of Jurisdiction, Danielle Ireland-Piper
Danielle Ireland-Piper
No abstract provided.
Procedural Deficiences In The Prosecution Of Nationals For Conduct Occurring Extraterritoriality, Danielle Ireland-Piper
Procedural Deficiences In The Prosecution Of Nationals For Conduct Occurring Extraterritoriality, Danielle Ireland-Piper
Danielle Ireland-Piper
No abstract provided.
Making Multi-Disciplinary Teaching Work: A Reflective Analysis Of Teaching Legal Content To Multi-Disciplinary Learners, Danielle Ireland-Piper
Making Multi-Disciplinary Teaching Work: A Reflective Analysis Of Teaching Legal Content To Multi-Disciplinary Learners, Danielle Ireland-Piper
Danielle Ireland-Piper
No abstract provided.
Extraterritorial Criminal Jurisdiction: Does The Long Arm Of The Law Undermine The Rule Of Law?, Danielle Ireland-Piper
Extraterritorial Criminal Jurisdiction: Does The Long Arm Of The Law Undermine The Rule Of Law?, Danielle Ireland-Piper
Danielle Ireland-Piper
Assertions of extraterritorial jurisdiction have become increasingly frequent in the 21st century. Although a useful response to transnational crime, such assertions are often highly politicised and used by states to further unilateral foreign policy objectives. Further, some assertions of extraterritoriality undermine the rule of law and do not provide adequate procedural fairness. While principles such as comity and reasonableness may assist in protecting the rights of states, they do not adequately protect the rights of individuals. Therefore, this article argues that extraterritoriality should be treaty-based rather than unilateral, and domestic constitutional guarantees must apply equally to extraterritorial assertions of jurisdiction …
Attract, Retain And Protect: Tips For Managing Employees And Protecting Your Business In A Time Of Economic Downturn, Shana Shrier-Joffe, Danielle Ireland-Piper
Attract, Retain And Protect: Tips For Managing Employees And Protecting Your Business In A Time Of Economic Downturn, Shana Shrier-Joffe, Danielle Ireland-Piper
Danielle Ireland-Piper
Extract:
In April 2008, Mark Davis, Political Correspondent for the Sydney Morning Herald, observed that “the job market has remained strong in recent months despite international economic uncertainty and rising interest rates”, but went on to note that we are likely to see “the unemployment rate rising from its current 4 per cent to 4.3 to 4.5 per cent by late 2009”. This, according to Davis, represents an extra 50,000 to 75,000 people joining the ranks of the unemployed.
Australia: Revised Guidance Note On Lock-Up Devices, Mark Mcnamara, Danielle Ireland-Piper
Australia: Revised Guidance Note On Lock-Up Devices, Mark Mcnamara, Danielle Ireland-Piper
Danielle Ireland-Piper
The Takeovers Panel in Australia has issued a final version of Guidance Note 7 on lock-up devices, says Baker & McKenzie. Essentially, GN7 states that while lock-up devices are not inappropriate per se, the panel is concerned to ensure that transactions take place in an efficient, competitive and informed market.