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Articles 1 - 17 of 17
Full-Text Articles in Law
Reconceiving Labour Law: The Labour Market Regulation Project, Andrew D. Frazer
Reconceiving Labour Law: The Labour Market Regulation Project, Andrew D. Frazer
Faculty of Law - Papers (Archive)
This paper reviews the recent work by Australian labour lawyers that has embraced the ‘new regulation’ and in particular the idea of law as regulation. This approach has recast the academic study of labour law as being concerned with regulation of the labour market. While much of this work has concentrated on expanding the field of labour law to include many areas of law affecting the labour market (beyond the employer-employee relationship), the work has also developed the view of law as a mechanism of state regulation. The paper examines how the ‘regulatory turn’ in Australian labour law has affected …
Flesh And The Person, Richard Mohr
Flesh And The Person, Richard Mohr
Faculty of Law - Papers (Archive)
What connection is there between flesh and the legal person? Flesh is the most material aspect of human existence, while the legal person is one of its most abstract manifestations. The method is a phenomenological analysis of legal records of the body and identity, including everyday documents such as credit cards. These are analysed in terms of the information they contain or refer to, and the physical processes by which they are compiled or activated. These physical traces are linked to law and selfhood by narratives, including those by which we makes sense of our lives as well as forensic …
Protecting The Diversity Of The Depths: Environmental Regulation Of Bioprospecting And Marine Scientific Research Beyond National Jurisdiction, Robin M. Warner
Protecting The Diversity Of The Depths: Environmental Regulation Of Bioprospecting And Marine Scientific Research Beyond National Jurisdiction, Robin M. Warner
Faculty of Law - Papers (Archive)
As scientific knowledge of marine areas beyond national jurisdiction increases and developments in oceans technology permit greater access to the high seas water column and the deep seabed, new and more intensive uses of these areas occur with consequential impacts on the marine environment. The discovery of hydrothermal vents in 1977 revealed communities of organisms with unique genetic and biochemical properties which can be used for a seemingly limitless catalogue of medical, pharmaceutical and industrial applications. Similar repositories of genetic and biochemical resources have been discovered in other deep sea environments such as cold water seeps and it is expected …
Joining Forces To Combat Crime In The Maritime Domain: Cooperative Maritime Surveillance And Enforcement In The South Pacific Region, Robin M. Warner
Joining Forces To Combat Crime In The Maritime Domain: Cooperative Maritime Surveillance And Enforcement In The South Pacific Region, Robin M. Warner
Faculty of Law - Papers (Archive)
The South Pacific as a region has far more ocean space than land territory. The majority of small island States in the South Pacific are heavily dependent on the sea for their resources and livelihoods. While militaries in our region have recently been focussed on resolving the civil disorder generated by political unrest on land, in locations such as Bougainville, Solomon Islands and Fiji, navies have also had prevalent maritime law enforcement roles in the region, both advisory and operational, for several decades. Threats to the security of the region from crime in the maritime domain will continue to arise …
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 …
Appropriate Patent Rules In Developing Countries - Some Deliberations Based On Thai Legislation, Jakkrit Kuanpoth
Appropriate Patent Rules In Developing Countries - Some Deliberations Based On Thai Legislation, Jakkrit Kuanpoth
Faculty of Law - Papers (Archive)
TRIPS Agreement mandates adequate and effective protection for all inventions regardless of the field of technology. The fundamental questions are whether the extent of protection of pharmaceuticals will be beneficial for the socio-economic development of developing countries and how can the impact of the new system be monitored and controlled in the interests of the concerned countries and their populations. Under the Thai Patent Law, Section 46.50 provides for the grant of compulsory licenses, which in practical terms are difficult to implement so much so that no such licenses have been granted since 1979 when the Act came into force. …
Securing A Sustainable Future For The Oceans Beyond National Jurisdiction: The Legal Basis For An Integrated Cross-Sectoral Regime For High Seas Governance For The 21st Century, Rosemary Rayfuse, Robin M. Warner
Securing A Sustainable Future For The Oceans Beyond National Jurisdiction: The Legal Basis For An Integrated Cross-Sectoral Regime For High Seas Governance For The 21st Century, Rosemary Rayfuse, Robin M. Warner
Faculty of Law - Papers (Archive)
The legal regime for the high seas is fragmented both sectorally and geographically and is incomplete. Governance, regulatory, substantive and implementational gaps in the legal framework serve to limit the effectiveness of the high seas regime in securing a sustainable future for the conservation and use of the high seas environment and its resources. A global approach to further developing the high seas regime based on the concept of international public trusteeship for the oceans beyond national jurisdiction could foster environmentally responsible use of of the high seas and its resources and ensure the application of modern conservation principles and …
Bad Character Evidence And Reprehensible Behaviour, James Goudkamp
Bad Character Evidence And Reprehensible Behaviour, James Goudkamp
Faculty of Law - Papers (Archive)
The Criminal Justice Act 2003 ushered in a new system for determining the admissibility of bad character evidence in criminal proceedings. Unfortunately, this system is riddled with anomalies and plagued by obscurity. These problems contaminate its core as it is unclear what constitutes 'bad character' evidence. This uncertainty is in large part due to the fact that the Act offers little clue as to the meaning of the words 'reprehensible behaviour', evidence of which is 'bad character' evidence. Accordingly, this article asks whether the decisions in which the expression 'reprehensible behaviour' has fallen for consideration shed light on its content. …
Management Plans And State Of Environment Reports Prepared And Implemented By Local Councils In Nsw: Problems And Potential For Biodiversity Conservation, Andrew H. Kelly
Management Plans And State Of Environment Reports Prepared And Implemented By Local Councils In Nsw: Problems And Potential For Biodiversity Conservation, Andrew H. Kelly
Faculty of Law - Papers (Archive)
The Local Government Act 1993 (NSW) demands every local council in NSW to prepare, inter alia, a ‘management plan’ and a ‘state of the environment report’. This paper critically examines both mechanisms and the relationship between them. Discussion is underpinned by the context of biodiversity conservation at the local level. Whilst good intentions lie behind the legislative requirements, their environmental benefits are questionable. They are often recognised as little more than bothersome bureaucratic hurdles. Although overdue legislative and policy change is forthcoming, concern is raised about loss of focus on the conserving biodiversity.
Current Legal Developments: The Arctic, Clive H. Schofield, Tavis Potts
Current Legal Developments: The Arctic, Clive H. Schofield, Tavis Potts
Faculty of Law - Papers (Archive)
The planting of a flag in a titanium canister on the seabed at the North Pole in August 2007 on the part of the Russian Federation and efforts by the other Arctic Ocean littoral states to reinforce their territorial and, particularly, maritime jurisdictional claims in the region, led to the Arctic becoming the focus of considerable global media attention in recent months. Much of this coverage has been alarmist in tone, replete with tales of a “scramble” or “race” for the Arctic, talk of an Arctic “land-grab”, and unease over a resultant Arctic resource “gold rush”. Although some of the …
Jemaah Islamiyah And The Threat Of Chemical And Biological Terrorism, Adam Dolnik, Rohan Gunaratna
Jemaah Islamiyah And The Threat Of Chemical And Biological Terrorism, Adam Dolnik, Rohan Gunaratna
Faculty of Law - Papers (Archive)
Over the course of the past decade, the possibility of the use of chemical and biological weapons (CBW) by non-state actors has been a topic of extensive academic and public debate. Originally, this debate concentrated primarily on capabilities, where the ease of acquisition of CBW materials after the breakup of the Soviet Union, as well as more widespread availability of information needed for the production and weaponization of CBW agents, were the sources of major concern. Relatively recently, the debate was brought to a more realistic level through the acknowledgment of technical hurdles associated with the successful delivery of CBW …
Law, Cosmopolitan Law, And The Protection Of Human Rights, Sarah Sorial
Law, Cosmopolitan Law, And The Protection Of Human Rights, Sarah Sorial
Faculty of Law - Papers (Archive)
In Between Facts and Norms, Habermas articulates a system of rights, including human rights, within the democratic constitutional state. For Habermas, while human rights, like other subjective rights have moral content, they do not structurally belong to a moral system; nor should they be grounded in one. Instead, human rights belong to a positive and coercive legal order upon which individuals can make actionable legal claims. Habermas extends this argument to include international human rights, which are realised within the context of a cosmopolitan legal order. The aim of this paper is to assess the relevance of law as a …
The Risk Intelligence Conundrum And Its Impact On Governance, Mark Loves
The Risk Intelligence Conundrum And Its Impact On Governance, Mark Loves
Faculty of Law - Papers (Archive)
This paper looks at intelligence led strategic planning, specifically within the context of an operational private sector corporate security unit which the author managed from 1994 to 2005. It examines the role, mission and objectives of the unit, with specific emphasis on management models, planning frameworks, policy and strategy, client relations and performance measuring. It develops the concept that risk assessment and intelligence development are in fact the same process, acting to direct governance and informing decision making at both tactical and strategic levels.
13 Years Since Tokyo: Re-Visiting The 'Superterrorism' Debate, Adam Dolnik
13 Years Since Tokyo: Re-Visiting The 'Superterrorism' Debate, Adam Dolnik
Faculty of Law - Papers (Archive)
On 20 March 1995, members of the Aum Shirikyo cult used sharpened umbrella tips to pierce plastic bags filled with sarin nerve agent onboard five trains converging at Tokyo’s Kasumigaseki station. Twelve people died and 1,039 were injured in what remains the largest nonconventional terrorist attack in history. Then, only a month later, an explosives laden truck detonated in front of the Alfred P. Murrah Federal Building in Oklahoma City, killing 168 people and injuring over 800 others in what at the time was the most lethal terrorist attack on United States soil. These two events, while unrelated, served as …
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.
The Criminal Justice System And The Rule Of Law, Donna Spears
The Criminal Justice System And The Rule Of Law, Donna Spears
Faculty of Law - Papers (Archive)
In everyday use, the rule of law is often equated with law and order - the idea that people should obey the law. However, as Bottomley and Parker observe, while law and order might be an aspect of some conceptions of the rule of law, it is not really at the heart of it.' They suggest that the rule of law is valued because it is thought to curb the power of government, protect the rights and liberties of citizens and promote personal autonomy, in that individuals can predict the circumstances in which government will interfere with their lives.
Globalisation And Consumer Protection Laws, John Goldring
Globalisation And Consumer Protection Laws, John Goldring
Faculty of Law - Papers (Archive)
Globalisation is a word without any fixed or definite meaning. Originally it was a jargon term, relationg to the creation of global rather than national markets. However it has come to denote the decline of nation-states, and particularly of the barriers to trade and investment erected by national states.