Law Commons^™

The Boundary Riders: Artists In Academia / Artists And Academia, Sarah B. Miller, Brogan S. Bunt

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

This paper seeks to explore the challenges and the rewards of supervision from two perspectives: artists who are employed as lecturers within the academy and mature artists returning to the academy to undertake a higher degree by research.

The University of Wollongong introduced its Doctorate of Creative Arts (DCA) program in 1986. As one of the earliest doctoral programs in the country, this apparent perspicacity was arguably more to do with Creative Arts as a resident faculty within the University, and the need to work within a university framework. This is in contradistinction to the forced marriages undertaken between many …

The Gulf Of Maine Boundary Dispute And Transboundary Management Challenges: Lessons To Be Learned, David Vanderzwaag

Articles, Book Chapters, & Popular Press

One might be cynical about the usefulness of trying to draw legal guidance from a judicial determination of a United States-Canada dispute admitted by the judges themselves to be geographically unique. As stated by the majority of the judges in the Case Concerning Delimitation of the Maritime Boundary in the Gulf of Maine Area (Gulf of Maine Case) decision:

"Although the practice is still rather sparse, owing to the relative newness of the question, it too is there to demonstrate that each specific case is, in the final analysis, different from all the others, that it is monotypic and that, …

Lessons Learned From The Gulf Of Maine Case: The Development Of Maritime Boundary Delimitation Jurisprudence Since Unclos Iii, Stuart B. Kaye

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

The Chamber of the International Court of Justice (ICJ) delivered its judgment on the location of the maritime boundary between Canada and the United States in the Gulf of Maine, on October 12, 1984. Less than two years before, after many years consideration, and an almost complete failure of consensus during the Third United Nations Conference on the Law of the Sea (UNCLOS III),1 the international community adopted the text of Articles 74 and 83 of the United Nations Convention on the Law of the Sea.2 These two almost identically-worded articles provided the formula for delimiting the maritime boundaries between …

The Application Of Gis In Maritime Boundary Delimitation: A Case Study On The Indonesia-East Timor Maritime Boundary Delimitation, I Made Andi Arsana, C. Rizos, Clive H. Schofield

Faculty of Law - Papers (Archive)

The Democratic Republic of Timor-Leste (East Timor) attained independence on 20 May 2002, marking its separation from Indonesia. As a newly independent country, East Timor is faced with a number of significant international opportunities, together with some obligations that it must fulfil, including the delimitation of its international boundaries. Similarly, for Indonesia, with 10 maritime neighbours, the delimitation of maritime boundaries is a significant challenge. This paper describes a preliminary study on the delimitation of the Indonesia - East Timor maritime boundary, with a focus on technical aspects. Geospatial data has been obtained from the Indonesian government and processed with …

Congressional Discretion Under The Property Clause, Eugene R. Gaetke

Law Faculty Scholarly Articles

The property clause of article IV grants Congress the authority to regulate federal lands. In referring to that authority, the Supreme Court has observed that “the power over the public land thus entrusted to Congress is without limitations.”

The simplicity of the Court's statement is appealing. Its implications, however, are troubling, especially for those states in which a substantial amount of federal property exists. If the property clause power of Congress is "without limitations," the power of some states over a considerable portion of the land within their boundaries is severely limited. For those states, an unlimited property clause power …