Law Commons^™

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 …

Plant Genetic Resources, International Protection, G. L. Rose

Faculty of Law - Papers (Archive)

No abstract provided.

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

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

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."

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 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 …

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

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 - 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.

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 …

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 …

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

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 …

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 …

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

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 …

The Need For An Emotional Work Survey, Roger Patulny

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

Surveys of emotions offer great potential to understand micro-social dynamics and wellbeing not only within small groups, but within nations as a whole. The most commonly reported emotions in surveys – happiness, satisfaction, loneliness, etc - hint at the social experiences of people from different class, ethnic, marital backgrounds, etc. However, such questions are usually generalised to ‘whole of life’ or domain-specific (eg work, family, etc) assessments. They are unable to capture the micro-social dynamics of interaction, power, and status, and consequently lose much of the social interplay of emotions. Many ‘social’ emotions – guilt, shame, anger, envy – are …

Turing’S Thinking Machines: Resonances With Surrealism And The Avant-Garde Of The Early 20th Century, Klemens E. James

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

This paper examines the thinking machines depicted in the visual and theoretical works of Surrealism and other avant-garde movements of the early 20th century. The aim is to establish to what extent the conceptions of these machines prefigure Turing’s ideas about the mechanical brain. Whereas Surrealism and its artistic antecedents (such as the Dadaists) are generally thought to have been uninterested in or mistrustful of such technological developments, it will shown that a number of artists/theorists (Ernst, Duchamp, Picabia, Hausmann, Matta, Dalí, Caillois) envisaged the notion of the thinking machine in a manner which anticipated a number of Turing’s ideas …

Infinite Crisis In Ozymandias' And Batman's Republic: The Dystopian Visions Of Frank Miller And Alan Moore On Social Order And Civil Liberties, Luis Gomez Romero

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

The word crisis derives from the Greek , ***** “judgment.” Interestingly, DC Comics published in 1985 a twelve-part series titled Crisis on Infinite Earths whose main goal was to clean up the chaos of narrative parallel universes which DC’s writers had established over the past forty-five years, in order to start afresh with one single story continuity. While a miserable fail as an attempt at simplification, Crisis on Infinite Earths still inaugurated an era of multifaceted, elaborate and rich superhero comic books. Frank Miller’s Batman: The Dark Knight Returns (1986) and Alan Moore’s Watchmen (1986) are the first instances of …

Popular Representations Of Leadership: Heroes And Superheroes In Times Of Crisis, Luis Gomez Romero

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

The importance of popular culture in the study of politics–especially in the creation, development and propagation of political ideas–has scarcely been examined in any depth by students of politics. The cultural representations of political institutions and processes apparently escape the defined fields of the theoretical disciplines concerned with political phenomena. Political philosophy, particularly in the Englishspeaking world, has been largely committed in the last four decades to provide rationally compelling arguments aimed to justify the principles of political morality, detaching itself from concrete political experience and privileging instead an abstract, universal and ahistorical normative account of the ideal polity. Political …

An Ecosystem Approach To Management Of Seamounts In The Southern Indian Ocean. Volume 3 - Legal And Institutional Gap Analysis, Robin M. Warner, Philomene Verlaan, Gail Lugten

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

The International Union for Conservation of Nature (IUCN) is committed to achieving effective protection, restoration and sustainable use of biological diversity and ecosystem processes on the high seas. IUCN Resolution 4.031 (2008), “Achieving conservation of marine biodiversity in areas beyond national jurisdiction”, called, inter alia, for the promotion of arrangements, processes and agreements that ensure the consistent, coordinated and coherent application of the best conservation and governance principles and approaches, including integrated ecosystem-based management and the precautionary approach.

Access To Justice For Aboriginal And Torres Strait Islander People, Elena Marchetti

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

I would firstly like to pay respect to the traditional and original owners of this land the Mouheneenner people - to pay respect to those that have passed before us and to acknowledge today’s Tasmanian Aboriginal community who are the custodians of this land.

There is a preference these days for Aboriginal and Torres Strait Islander peoples to be referred to separately rather than under the umbrella term of ‘Indigenous’ and I will try and honour that preference as much as I can. However, in some circumstances I will be using the term ‘Indigenous’ because it better suits the content …

Raskols: The Gangs Of Papua New Guinea, Stephen Dupont

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

Beautiful black-and-white portraits of Papua New Guinea's most fearsome gangsters, brigands, thieves, and carjackers posing with their arsenal of homemade guns and knives.

Speech At The Exhibition Opening Of "Metropolis: Rotwang's Robot, Revolution, And Redemption" A Selection Of Memorabiia Relating To Fritz Lang's 1927 Sci-Fi Fantasy Film. From The Collection Of Michael Organ., Jonathan P. Cockburn

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

Opening speech by Dr Jon Cockburn for the exhibition “Metropolis: Rotwang’s Robot, Revolution, and Redemption”. The exhibition contains a selection of memorabilia relating to Fritz Lang’s 1927 Sci-Fi fantasy film. The memorabilia is on loan to the Wollongong City Gallery from the collection of Michael Organ. The opening speech reflects on the development and production of the film Metropolis (1927), its reception on first release in Germany and then abroad. The film’s influence on the genre of science fiction to the present day is noted. The film’s ambiguous themes are of particular interest especially when considered in the light of …

Enforcement Cooperation In Combatting Illegal And Unauthorized Fishing: An Assessment Of Contemporary Practice, Stuart Kaye

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

The emergence of the exclusive economic zone (EEZ) in the 1970s placed potentially vast areas under national jurisdiction. From relatively modest territorial seas close to the coast as the only basis of fisheries jurisdiction for States, suddenly the international community embraced a new form of jurisdiction over resources that extended to fisheries up to 200 nautical miles from land. This extension brought over one third of the world’s oceans under national jurisdiction, or more importantly, approximately ninety percent of the world’s wild fish catch.

While the possibility of bringing the resources of these areas under national control was of tremendous …

A Língua Portuguesa E O Conflito Intergeracional Em Timor-Leste, Marisa Ramos Goncalves

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

A escolha do Português como língua oficial de Timor-Leste emergiu junto da opinião pública portuguesa como uma opção lógica da liderança timorense e abriu portas a um forte investimento público de cooperação no ensino e promoção da Língua Portuguesa em Timor-Leste.

No entanto, uma análise objectiva da realidade social e política do período pósindependência em Timor-Leste teria sido instrumental na orientação da cooperação Portuguesa para a escolha de estratégias mais inclusivas e apolíticas de ensino da língua.

A Língua Portuguesa é um factor de tensão entre a “geração de 1975”, educada no tempo colonial português, e a denominada “gerasaun foun” …

Broadband And The Impact On Education, Elizabeth D. Eastland

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

Broadband has the potential to radically transform the educational landscape. Coupled with access to the Internet, it has the potential to decrease the time it takes to learn a subject, increase grade point averages, increase course completion rates and, particularly important for Australia, provide rural and regional Australia with access to the same teaching resources as metropolitan areas, particularly important given the chronic shortage of teaching resources experienced. However educational institutions, particularly universities, are highly complex organisations with geographically dispersed campuses, culturally diverse stakeholders, multiple interfaces to the external world, and a multiplicity of different discipline-specific users. At the same …

Staging Patti Smith: (Un)Reliable Stories, Identity, And The Audience-Text-Reader Relationship, Catherine Mckinnon

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

Humans are the only animals that use stories to help make sense of the world. Shlomith Rimmon-Kenan argues that ‘we lead our lives as stories, and our identity is constructed both by the stories we tell ourselves and others about ourselves and by the master narratives that consciously or unconsciously serve as models for ours’ (2002:11). An inquiry into how humans construct stories is also an inquiry into reliable and unreliable narration, into identity, and into the relationship between author, text and reader. It goes to the root of what it means to be human.

In this paper these three …

Creating A Supportive Environment For Innovation, Elizabeth D. Eastland

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

No abstract provided.