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Full-Text Articles in Law
Plant Genetic Resources, International Protection, G. L. Rose
Plant Genetic Resources, International Protection, G. L. Rose
Faculty of Law - Papers (Archive)
No abstract provided.
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 …
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 …
The European Council Regulation On Illegal, Unreported And Unregulated Fishing: An International Fisheries Law Perspective, Martin Tsamenyi, Mary Ann Palma, Ben Milligan, Kwame Mfodwo
The European Council Regulation On Illegal, Unreported And Unregulated Fishing: An International Fisheries Law Perspective, Martin Tsamenyi, Mary Ann Palma, Ben Milligan, Kwame Mfodwo
Faculty of Law - Papers (Archive)
On 29 September 2008, the Council of the European Union (EU) adopted Council Regulation (EC) No. 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fi shing. Essentially, the EU IUU Regulation establishes a framework in which access to EU markets for fi sheries products is partly conditioned by the extent to which a country, area or region of origin is demonstrably or increasingly free of IUU fi shing. Aside from the amendments to US legislation in 2007, the EU IUU Regulation is the only other domestic legislative measure adopted solely to combat IUU …
Regulating Fishing In Australia: From Mullet Size Limits To International Hot Pursuits, Warwick Gullett
Regulating Fishing In Australia: From Mullet Size Limits To International Hot Pursuits, Warwick Gullett
Faculty of Law - Papers (Archive)
Fisheries laws simply regulate human interactions with fish. Yet it is an enormous challenge to get them right. The central problem with which fishing laws need to deal is that technological advancements continually enable people (especially commercial fishers) to increase their ability to catch fish. This may be coupled with an increasing number of people fishing, or perhaps a relatively stable number of people fishing but changing their practice such as intensively fishing in one location. Human activities affecting fish are ever changing and, as a result, so too are fisheries laws. Past fishery collapses (such as cod stocks off …
International Police Missions As Reverse Capacity Building: Experiences Of Australian Police Personnel, Vandra Harris, Andrew Goldsmith
International Police Missions As Reverse Capacity Building: Experiences Of Australian Police Personnel, Vandra Harris, Andrew Goldsmith
Faculty of Law - Papers (Archive)
Since 2003 many hundreds of Australian police officers have served in police peace-keeping and capacitybuilding missions in Solomon Islands, Timor-Leste and Papua New Guinea. Working within bilateral or multilateral engagements, these police have encountered significant differences in legal and policing cultures as well as political and community environments. This paper considers how these experiences influence Australian police officers' thinking about policing in general, and how they view the legacy of their service. It explores the extent to which Australian police think they have had their own capabilities altered by the very processes through which they attempt to build the capacity …
Combating Iuu Fishing: International Legal Developments, Mary Ann Palma
Combating Iuu Fishing: International Legal Developments, Mary Ann Palma
Faculty of Law - Papers (Archive)
When the international Plan of Action to Prevent, Deter, and Eliminate Illegal, Unreported and Unregulated Fishing (IPOA-IUU) was adopted in 2001, the term illegal, unreported and unregulated fishing or "IUU fishing" instantly gained the attention of States, regional organisations, non-government organisations, and academic institutions.
The Organization Of 'Organized Crime Policing' And Its International Context, Clive G. Harfield
The Organization Of 'Organized Crime Policing' And Its International Context, Clive G. Harfield
Faculty of Law - Papers (Archive)
This article reflects upon a decade of developments in the organization of organized crime policing, particularly within the international context. the review illustartes that the policing (in its widest sense) of organized crime is based on certain prerequisities. other actors besides law enforcement agencies have key roles to,play. the creation of an appropriate instrumental framework is equally as important as having competent and appropriate agencies in place. The multipilicity of interests beg questions about what is feasible in the co-ordination of organized crime policing, given that organized crime is a global phenomenon beyond the scope of any one agency or …
Australian Approaches To International Environmental Law During The Howard Years, G. L. Rose
Australian Approaches To International Environmental Law During The Howard Years, G. L. Rose
Faculty of Law - Papers (Archive)
This paper provides an overview of major Australian developments in international environmental law during the term of the Howard government.
Taking On Japanese Whalers: The Humane Society International Litigation, Ruth A. Davis
Taking On Japanese Whalers: The Humane Society International Litigation, Ruth A. Davis
Faculty of Law - Papers (Archive)
On 14 July 2006 the Full Federal Court declared that Humane Society International ('HSI') could commence proceedings against Japanese whalers for alleged violations of the Australian Whale Sanctuary in Antarctica. 1 The decision was a significant victory for the public interest organisation, which had originally been denied leave to serve originating process on the Japanese defendant on the grounds that the action could be contrary to Australia's national interests. 2 In its amended statement of claim3 HSI alleged that between February 2001 and March 2005, the respondent Kyodo Senpaku Kaisha Ltd ('Kyodo') had unlawfully killed or interfered with around 385 …
Prompt Release Procedures And The Challenge For Fisheries Law Enforcement: The Judgement Of The International Tribunal For The Law Of The Sea In The 'Volga' Case (Russian Federation V Australia), Warwick Gullett
Faculty of Law - Papers (Archive)
On 23 December 2002, the International Tribunal for the Law of the Sea ('ITLOS') ordered the prompt release of the Russian 1ongline fishing vessel Volga, at the time detained by Australian authorities in Fremantle, upon the posting of a bond or other security of A$l 920 000. The Volga was arrested for allegedly fishing without authorisation by a boarding party from the Royal Australian Navy frigate HMAS Canberra in the Australian Exclusive Economic Zone ('EEZ') surrounding Heard and McDonald Islands in the Southern Ocean on 7 Februarv 2002. At issue in the ITLOS proceedings was not whether the activities of …