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Articles 1 - 30 of 222
Full-Text Articles in Law
One Bridge, Two Towns And Three Countries: Anticipatory Geopolitics In The Greater Mekong Subregion, Shaun Lin, Carl Grundy-Warr
One Bridge, Two Towns And Three Countries: Anticipatory Geopolitics In The Greater Mekong Subregion, Shaun Lin, Carl Grundy-Warr
Faculty of Law - Papers (Archive)
The proposed bridge between Chiang Khong and Houay Xay will form the remaining crucial link of the Asian Highway 3, connecting Bangkok to Kunming, a project highly anticipated in the Greater Mekong Subregion's (GMS) development.With China funding half the cost of the bridge, it signifies a strong player in the economic borderland. The article seeks to uncover the locals' thoughts and feelings of the bridge to raise awareness of 'voices' from the Thai-Lao border in relation to the further destinations the bridge will serve. The local perceptions of the proposed bridge are used to provide a form of comprehension of …
Contracts Effected With A Bank On The Basis Of Coercion Or Pressure: Grounds For Judicial Intervention, Charles Y. C Chew
Contracts Effected With A Bank On The Basis Of Coercion Or Pressure: Grounds For Judicial Intervention, Charles Y. C Chew
Faculty of Law - Papers (Archive)
This article critically examines duress as a doctrine rclied upon by guarantors or surcties to sct aside contracts of guarantees (the most common types of bank sccurity) they have given with inadcquatc undcrstanding or informcd consent. The articlc discusscs duress as "a form of coercion or pressure" which can impair any contractual assent resulting in a guarantcc being vitiated. In gencralterms though, the defence of duress is concerned mainly with the issue of whether the guarantor was placed under unacceptable pressure, or under an illegitimate threat. Common law and equitable eonccpts in rcspeet of duress apply equally to both guarantees …
Classifying Ecological Quality And Integrity Of Estuaries, Angel Borja, Alberto Basset, Suzanne Bricker, J-C Dauvin, M Elliot, T Harrison, J-C Marques, Sb Weisberg,, R West
Classifying Ecological Quality And Integrity Of Estuaries, Angel Borja, Alberto Basset, Suzanne Bricker, J-C Dauvin, M Elliot, T Harrison, J-C Marques, Sb Weisberg,, R West
Faculty of Law - Papers (Archive)
There is an increasing need in assessing ecological quality and integrity of estuaries and lagoons. This chapter shows the most recent efforts in assessing individual biological elements (from phytoplankton to fishes), together with the integrative tools developed in different geographical areas worldwide. However, reducing complex information from multiple ecosystem elements to a single color or value is a substantial challenge to marine scientists, and requires the integration of different disciplines (chemists, engineers, biologists, ecologists, physics, managers, etc.), to reach agreement on the final assignment of ecological status. Hence, in the near future, emphasis needs to be directed at understanding the …
Oceans Beyond Boundaries: Environmental Assessment Frameworks, Robin M. Warner
Oceans Beyond Boundaries: Environmental Assessment Frameworks, Robin M. Warner
Faculty of Law - Papers (Archive)
The obligation to conduct environmental impact assessment (EIA) of activities with the potential for significant impact on the marine environment within and beyond national jurisdiction has attained customary international law status. The related but broader process of strategic environmental assessment (SEA) is also applied to plans, policies and programmes with the potential for significant impact on the marine environment in many national jurisdictions and in a transboundary context. The application of EIA and SEA for activities with the potential for significant impact on marine areas beyond national jurisdiction (ABNJ) has been much more ad hoc. This commentary reviews the initiatives …
Satellite Ais - Developing Technology Or Existing Capability?, J Carson - Jackson
Satellite Ais - Developing Technology Or Existing Capability?, J Carson - Jackson
Faculty of Law - Papers (Archive)
"The Automatic Identification System (AIS) is an integral element in vessel tracking. But what about 'Satellite AIS'? Is Satellite AIS a viable, current and effective tool to assist in vessel tracking? This paper will present the basic premise of reception of AIS by Low Earth Orbit (LEO) satellites. It will identify the technical aspects, present practical applications of Satellite AIS and look at implications for global tracking of vessels."
Strategic Environmental Assessment: Lessons For New South Wales, Australia, From Scottish Practice, Andrew H. Kelly, Tony Jackson, Peter Williams
Strategic Environmental Assessment: Lessons For New South Wales, Australia, From Scottish Practice, Andrew H. Kelly, Tony Jackson, Peter Williams
Faculty of Law - Papers (Archive)
Disparate approaches to strategic environmental assessment (SEA) in New South Wales (NSW), Australia and Scotland are compared. The first is fragmented and unfamiliar while the other is well established. A detailed analysis of the use of SEA in each jurisdiction follows a contextual evaluation of its purpose. Whereas the Scottish system is supported by recent regulation and policy, both NSW and the overriding Commonwealth Government follow haphazard actions with few if any settled methodologies. In order to improve its environmental assessment credentials and promote more sustainable development outcomes, NSW might consider the need for SEA more seriously. Investigation of other …
Asean And Interconnecting Regional Spheres: Lessons For The Indian Ocean Region, Shaun Lin, Carl Grundy-Warr
Asean And Interconnecting Regional Spheres: Lessons For The Indian Ocean Region, Shaun Lin, Carl Grundy-Warr
Faculty of Law - Papers (Archive)
In an era of shifting global geopolitical, geostrategic and geo-economic power, ASEAN’s resilience as a regional grouping and its relative success in keeping internal conflicts at bay through various forms of quiet diplomacy and adherence to certain norms and binding principles mean that it may become a force helping to foster peaceful and stronger regional linkages within the eastern frontiers of the Indian Ocean Region (IOR). In this article we focus on ASEAN’s growing roles and relations within three key ‘spheres’ of adjoining regional-extra-regional reach, which we identify as the mostly landward Greater Mekong Sphere (GMS), the South China Sea …
Book Review Of Empowering Our Military Conscience: Transforming Just War Theory And Military Moral Education, Christopher Rahman
Book Review Of Empowering Our Military Conscience: Transforming Just War Theory And Military Moral Education, Christopher Rahman
Faculty of Law - Papers (Archive)
Empowering Our Military Conscience seeks to accomplish two goals. First, it highlights new and often critical perspectives on just war theory. Second, it attempts to discern more practical lessons for both trainee and practising military professionals by assessing the ethical standards of the profession of arms via the lens of just war theorising, and by establishing the implications for Professional Military Ethics Education (PMEE). Divided into three parts, the first addresses jus ad bellum (the propriety of resorting to war), the second jus in bello (just conduct within war) and the third jus ante bellum, particularly the moral conditioning of …
Book Review - Dynamics Of Cross Border Industrial Development In Mekong Sub-Region: A Case Study Of Thailand, Shaun Lin
Faculty of Law - Papers (Archive)
Dynamics of Cross Border Industrial Development in Mekong Sub-region is a well researched book assessing the applicability and feasibility of policies for industrial development in Thai border towns in less developed regions with mostly small and medium enterprises (SMEs). Maneepong focuses on the impacts of central and local government involvements, and how entrepreneurs operate in her selected border towns of Mae Sai, Mae Sot, Mukdahan and Nakhon Phanom. Specifically, she sets out to investigate which factors contribute to, or hinder, industrial development in Thailand's border towns.
Book Review Of Oil On Water: Tankers, Pirates And The Rise Of China, Christopher Rahman
Book Review Of Oil On Water: Tankers, Pirates And The Rise Of China, Christopher Rahman
Faculty of Law - Papers (Archive)
Oil on Water sheds light on the vital economic and strategic issue of the international oil trade. Oil remains the most important of all fuels, and the viability of the oil trade is highly dependent upon the safety and security of shipping. However, while the idea of ‘energy security’ is a term widely employed and appreciated in the abstract, the actual details of how the world’s economies are supplied are not well understood. The issue has gained much greater salience in recent years due to structural upward changes in oil prices, mostly as a result of rapidly growing demand in …
Tools To Conserve Ocean Biodversity: Developing The Legal Framework For Environmental Impact Assessment In Marine Areas Beyond National Jurisdiction, Robin Warner
Faculty of Law - Papers (Archive)
Several decades of endeavor since the 1972 Stockholm Declaration on the Human Environment have produced an established international law framework for the protection of the marine environment with the focal point being Part XII of the 1982 United Nations Convention on the Law of the Sea (LOSC), supplemented by complementary instruments on international environmental law and an evolving body of customary international law principles. Substantial jurisdiction with some collaboration between states in differenct regions to promtect the marine environment across national boundaries. The regulatory framework for environmental protection in marine areas beyond national jurisdiction is at a much earlier stage …
Understanding Imf Stand-By Arrangements From The Perspective Of International And Domestic Law: The Experience Of Venezuela In The 1990s, Gabriel Garcia
Understanding Imf Stand-By Arrangements From The Perspective Of International And Domestic Law: The Experience Of Venezuela In The 1990s, Gabriel Garcia
Faculty of Law - Papers (Archive)
During the 1990s, international financial institutions such as the World Bank and the International Monetary Fund (IMF) promoted the so-called 'Washington Consensus'. One of the premises of the consensus was that developing countries needed to embrace a market economy and build a legal system supportive of the rule of law in order to promote progress and defeat poverty. The onset of financial crises across South America and the inability of governments to deal with problems derived from this financial meltdown provided the proitious conditions for the IMF to implement its agenda of promoting a market economy and the rule of …
Australia's Maritime Challenges And Priorities: Recent Developments And Future Prospects, Robin M. Warner
Australia's Maritime Challenges And Priorities: Recent Developments And Future Prospects, Robin M. Warner
Faculty of Law - Papers (Archive)
Australia, witb its lengthy coastline, vast maritime jurisdiction and multiple offshore territories, undoubtedly fits the description of a maritime nation: but it was not until the issue of Australia's Oceans Policy in 1998 Ihat a comprehensive statement of Australia's maritime challenges and priorities emerged at the Federal Government level. The Oceans Policy arliculated a diverse array of challenges and priorities relating to Australia's maritime interests, including the conservation of marine biological diversity, the maintenance of ecologically sustainable fisheries, the prevention of marine pollution, the development of lhe offshore petroleum and minerals industry, the definition or Australia's maritime juridiction and the …
Women's Participation In Union Parishads: A Quest For A Compassionate Legal Approach In Bangladesh From An International Perspective, Afroza Begum
Faculty of Law - Papers (Archive)
A woman's capacity to participate in politics is a constitutionally entrenched and fundamental right in Bangladesh, repeatedly affirmed in several pieces of legislation, the most recent being the Local Government Act, 2009. Despite the endorsement of a series of affirmative features to promote women's equality, empirical research reveals very disappointing results. This paper investigates some of the fundamental constraints that hinder women's participation in Union Parishads, the third tier of local government, with special reference to a number of serious flaws in the Act. A compassionate approach is developed for the workplace to accommodate exceptional gender-centric concerns in Union Parishads …
Departures From The Coast: Trends In The Application Of Territorial Sea Baselines Under The Law Of The Sea Convention, Clive Schofield
Departures From The Coast: Trends In The Application Of Territorial Sea Baselines Under The Law Of The Sea Convention, Clive Schofield
Faculty of Law - Papers (Archive)
Baselines are crucial to the definition of maritime claims and the delimitation of maritime boundaries. The United Nations Convention on the Law of the Sea (LOSC) provides for several distinct types of baseline. These various baselines are discussed relative to their practical application over the past three decades. While some LOSC baseline provisions have proved to be well drafted and have led to broad compliance, the loose language contained in other baselines Articles has resulted in their being interpreted liberally. Contemporary and emerging trends and challenges are also highlighted.
'Ditto': Law, Pop Culture And Humanities And The Impact Of Intergenerational Interpretative Dissonance, Marett Leiboff
'Ditto': Law, Pop Culture And Humanities And The Impact Of Intergenerational Interpretative Dissonance, Marett Leiboff
Faculty of Law - Papers (Archive)
Building on Julius Stone's remark that jurisprudence is law's extroversion (or extraversion), this essay explores the consequences that flow from the loss of a shared humanities discourse by lawyers. In adapting the concept of extraversion to those things about us in the world, the essay considers the finding of an empirical study, Law's Gens Project, which revealed a profound, almost seismic shift in what different generational groupings of lawyers know, based in the humanities, placing this point of rupture squarely in the 1970s. Drawing on allusions and cultural references used in judgments, this project reveals how these cultural markers affect …
Uncertain Seas Ahead: Legal And Policy Approaches To Conserving Marine Biodiversity In The Face Of Changing Climate, Richard Kenchington, Robin Warner
Uncertain Seas Ahead: Legal And Policy Approaches To Conserving Marine Biodiversity In The Face Of Changing Climate, Richard Kenchington, Robin Warner
Faculty of Law - Papers (Archive)
Climate is a major factor in the habitat, food chains, competition, success and survival of species. Contemporary distributions and abundance of marine species and communities reflect adaptation to geologically recent climatic conditions and the impacts of human activities. Warming of the atmosphere and seawater has occurred in association with increasing levels of atmospheric carbon dioxide since the start of the twentieth century. Despite continuing scientific research and wider discussion of the relative roles of anthropogenic greenhouse gas increases and other influences on climate, climate change is occurring. The policy and legal issues have two core components: response to the effects …
The Duty To Explain A Guarantee By The Bank: An Ephemeral Concept?, Charles Yc Chew
The Duty To Explain A Guarantee By The Bank: An Ephemeral Concept?, Charles Yc Chew
Faculty of Law - Papers (Archive)
This article looks at the feasibility of imposing a duty on the lender to explain the meaning and effect of a guarantee to the prospective guarantor (to reduce the information asymmetry) - a concept which has traditionally been resisted by the common law. It takes a comparative approach and includes perspectives from English, Australian and New Zealand jurisdictions.
Climate Change And The Oceans: Legal And Policy Portents For The Asia Pacific Region And Beyond, Robin Warner, Clive Schofield
Climate Change And The Oceans: Legal And Policy Portents For The Asia Pacific Region And Beyond, Robin Warner, Clive Schofield
Faculty of Law - Papers (Archive)
The oceans dominate the globe spatially, covering approximately 72 per cent of its surface area. These extensive marine spaces are critical to the global environment and human survival in numerous ways - they are vital to the global nutrient cycling, represent a key repository and supporter of biological diversity on a world scale, and playa fundamental role in driving the global atmospheric system. Moreover, the oceans continue to provide a critical source of food through/fisheries and aquaculture, are an increasingly significant source of energy resources, and underpin the global economy through sea-borne trade.
Climate Change Mitigation Activities In The Ocean: Turning Up The Regulatory Heat, Rosemary Rayfuse, Robin Warner
Climate Change Mitigation Activities In The Ocean: Turning Up The Regulatory Heat, Rosemary Rayfuse, Robin Warner
Faculty of Law - Papers (Archive)
The adverse impacts of anthropogenically induced climate change on the terrestrial and marine environments have been acknowledged by a succession of expert reports commissioned by global and national bodies (IPCC 2007; Preston and Jones 2006; Stern et al. 2006). The threats posed by climate change to the global environment have fostered heightened scientific and commercial interest in a range of CO2 sequestration methods that either involve the ocean or affect the marine environment. The most developed proposals to date relate to offshore carbon capture and storage (OCCS), which seeks to capture carbon dioxide from point sources of emissions and sequester …
Plant Genetic Resources, International Protection, G. L. Rose
Plant Genetic Resources, International Protection, G. L. Rose
Faculty of Law - Papers (Archive)
No abstract provided.
Police Informers And Professional Ethics, Clive Harfield
Police Informers And Professional Ethics, Clive Harfield
Faculty of Law - Papers (Archive)
The use of informers is morally problematic for police institutions, for investigation managers, and for those individuals either who act as informers or who have daily responsibility for handling informers. This paper examines the moral issues concerning informers at each of these levels. Recourse to informers can be accommodated within Miller and Blackler's moral theory of policing. Within this context, criteria for the morally justifiable deployment of informers are proposed and supplemented with further proposed criteria for morally justifiable informer participation in crime. Morally justifiable recruitment of informers is also considered. Despite directly serving the purpose of policing, informers do …
Building Future Sustainability And Democratic Practices: The Role Of Adult Education In Post-Conflict Communities , Georgia Lysaght, Peter Kell
Building Future Sustainability And Democratic Practices: The Role Of Adult Education In Post-Conflict Communities , Georgia Lysaght, Peter Kell
Faculty of Law - Papers (Archive)
This paper documents and analyses a range of literature and policy statements that identifies issues and looks at the role which adult education plays in building communities and peace in post-conflict states. This paper explores and documents these developments in countries in close proximity to Australia which have been viewed by the former Australian government as constituting an 'arc of instability'. This is a term which will be critically discussed in the paper for the way in which it positions the nations of the Pacific and Australia's foreign policy as well as its aid and development policy. This paper reviews …
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
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 …
Australia's Maritime Economic Interests, Andrew Forbes
Australia's Maritime Economic Interests, Andrew Forbes
Faculty of Law - Papers (Archive)
Over the past two decades there has been an increasing lament from Western navies that their countries suffer from ‘sea blindness’. What is meant is that there is an apparent lack of public understanding and appreciation of the importance of the oceans for national prosperity. The concern is that if the importance of the oceans is not understood, then the importance of the multifaceted roles of navies in providing protection will not be understood. Whether or not sea blindness exists, maritime economic interests represented by the oceans are important and are discussed below.
'The Main Thing Is To Shut Them Out' The Deployment Of Law And The Arrival Of Russians In Australia 1913 -1925: An Histoire, Marett Leiboff
'The Main Thing Is To Shut Them Out' The Deployment Of Law And The Arrival Of Russians In Australia 1913 -1925: An Histoire, Marett Leiboff
Faculty of Law - Papers (Archive)
On Tuesday 10 August 1915, a 25 year old Russian named Neplen Matanakes was allowed to disembark from the SS Empire in Brisbane, the capital city of the state of Queensland in the recently federated Australia. A year into World War I, Neplen’s journey had started a few weeks earlier in the Chinese Russian city of Harbin. Like other Russians before him, Neplen made his way to the Japanese seaport of Dairen (or Dalny), also located on the Chinese mainland. He then joined the SS Empire at Kobe, Japan, on one of its regular round trips to Australia and, after …
The Development Of Local Government In Australia, Focusing On Nsw: From Road Builder To Planning Agency To Servant Of The State Government And Developmentalism, Andrew H. Kelly
Faculty of Law - Papers (Archive)
This paper follows the legal and functional advancement of local government in NSW, Australia by examining three historical stages. It commences with its nineteenth century vestiges, moving on to compulsory incorporation and the gradual changes to modern but diverse individual councils. Issues include financial scarcity, the traditional property-based stranglehold and the burgeoning sheer power of the State Government in the planning sector.
Reassembling The Legal: The Wonders Of Modern Science In Court-Related Proceedings, Richard Mohr, Francesco Contini
Reassembling The Legal: The Wonders Of Modern Science In Court-Related Proceedings, Richard Mohr, Francesco Contini
Faculty of Law - Papers (Archive)
The article analyses the ways in which technology and law disperse, channel and reassemble agency in ICT-enabled legal proceedings. It works from case studies of online civil claims in England and Italy, and the automatically issued speed camera fine process in Australia. Information and communication technologies affect legal procedures in three dimensions: legitimacy, efficacy and performativity. The law can legitimate ensembles of technological and performative procedures, but it cannot construct them by regulation. Technology is a distinct regulative regime that opens some channels of communication while closing others. Machines and software codes identify and admit participants and direct human activity. …
Australian Maritime Defence Council, Andrew Forbes
Australian Maritime Defence Council, Andrew Forbes
Faculty of Law - Papers (Archive)
Navies have had a long relationship with their respective maritime industries and the Royal Australian Navy (RAN) is no exception. Naval capability cannot be built, maintained and supported without a strong industrial sector. This is well known, but there are other aspects to the RAN relationship with the maritime industry that are less well known, and this Semaphore examines the relationship with the shipping and port associations through what is now called the Australian Maritime Defence Council (AMDC). While its discussions are not classified, they are occasionally sensitive, so what follows focuses on administrative issues before providing a general outline …
Straits Of Malacca And Singapore: Ensuring Safe Navigation, Mohd Mohd Rusli
Straits Of Malacca And Singapore: Ensuring Safe Navigation, Mohd Mohd Rusli
Faculty of Law - Papers (Archive)
The Straits of Malacca and Singapore are two of the world's most congested straits used for international shipping. There are existing hazards impeding safe navigation through the Straits. What would be the impact of a proposed bridge linking Sumatra and Malaysia?