Law Commons^™

Introduction, Christine M. De Matos

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

It was during the seasonal change from summer to autumn that I first landed in Tokyo as a naïve 21 year old, ready to embark on a working holiday adventure. I had no Japanese language skills, no knowledge of Japanese history or culture beyond western clichés and stereotypes, and 1000 yen in my pocket. When I think back to this time I am amazed at the courage (or was it denial and ignorance?) I must have had; I am even more surprised to remember the emotion I experienced, for as soon as I set foot in that great cosmopolitan city, …

Power To The People: Building Sustainable Jobs In The Illawarra: A Report For The South Coast Labour Council, Mike Donaldson, Scott Burrows, Ann Hodgkinson, Frank V. Neri, Peter Kell, Chris Gibson, Gordon R. Waitt, Frank Stillwell

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

13 Februrary, 2009

Green Jobs Illawarra – Outline Brief

South Coast Labour Council – Regional Employment Strategy This is a brief of the regional green jobs strategy for consideration at the meeting of the multi-disciplinary group at the University of Wollongong. Naturally the Labour Council welcomes suggestions about the strategy and its implementation.

Objective

To develop, promote and implement a regional strategy to create jobs in the green and other emerging industries which will form one (important) part of the region’s response to the expected job losses caused by the global economic crisis.

What The Boomerang Misses: Pursuing International Film Co-Production Treaties And Strategies, Brian Yecies

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

This paper illustrates some of the dynamic ways that members of the Korean, Australian, New Zealand and Chinese creative and cultural industries have engaged with international instruments such as co-production treaties. Strategies, benefits returned and lost costs, that is, sacrifices that are made in the process of producing a film or digital media program in more than one country, and/or with an international team are investigated to reveal how creators are engaging with the demands of different governments' policies. It is hoped that this paper and the larger research project to which it is attached will assist scholars, creative and …

Implementing Oceans Governance In The Pacific Islands Region - Regional Solutions To National Challenges, Quentin Hanich

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

The Pacific islands region encompasses a unique grouping of some of the world's smallest countries surrounded by a vast maritime estate. The combined exclusive economic zones (EEZs) of the Pacific island States are home to the world's richest and largest tuna fisheries. The significance of these EEZs, and the rights and responsibilities attributed to coastal States by the Law of the Sea, assign a critical role to Pacific island States in the development and implementation of oceans governance throughout this region.

The Pacific island States have established a number of cooperative agreements and institutions to support the management and conservation …

Maintaining Coastal And Lagoonal Ecosystems And Productivity, Richard Kenchington

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

The shallow ecosystems and productivity of mangroves, seagrass beds, coral reefs and inter-reef seabed are critical natural assets for food production, food security, cultural and recreational activities and livelihoods for many people in Pacific Island States. They also provide important ecosystem services in protection of coasts against storm surges and in production of carbonate sands and debris to nourish beaches and maintain islands. These ecosystems are easily damaged through reclamation, drainage, pollution and destruction of critical habitats for fish and other food species. Once destroyed, these ecosystems are not readily or cheaply restored or replaced.

The paper discusses issues that …

Applying Australian Laws To Seize Illegally Harvested Logs From Indonesia (Wuhan Colloquium 2009), Gregory L. Rose

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

Outline:

Transnational organised crime

Environmental crime linkages

Logging case study

Transnational enforcement

Linking Internationalisation To The New Graduate Qualities, Ruth Walker, Brian Yecies, Katharina Freund

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

Internationalism: * very high % of international students * increasing no. of transnational and study abroad * UOW vision statements, strategic ploans, and framework focus on strengths as an 'international university'

Diasporic Art: Writing/Visualising Back And Writing/Visualising Into Being, Sukhmani Khorana

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

The recent critical and popular acclaim won by films like Danny Boyle's Slumdog Millionaire and Deepa Mehta's Water is putting the creative works of diasporic artists in general, and South Asian diasporic artists in particular on the world map. This interest in creativity that is inspired by the homeland, but not necessarily produced in the culture of origin is of pressing significance in an era torn between globalisation and regionalism. Does the diasporic hyphen, through its cultural processes and products, bridge the gap between cosmopolitan and vernacular identities? This paper, which is an introduction to a larger project on diasporic …

"Mum’S A Silly Fusspot”: The Queering Of Family In Diana Wynne, Ika Willis

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

In Four British Fantasists, Butler cites Diana Wynne Jones saying that her novels ‘provide a space where children can... walk round their problems and think “Mum’s a silly fusspot and I don’t need to be quite so enslaved by her notions”‘ (267). That is, as I will argue in this paper, Jones’ work aims to provide readers with the emotional, narrative and intellectual resources to achieve a critical distance from their families of origin. I will provide a brief survey of the treatment of family in Jones’ children’s books, with particular reference to Charmed Life, The Lives of Christopher Chant, …

Diasporic Dispersals And Convergences The Creative Trajectories Of A Phd Project, Sukhmani Khorana

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

My critical-creative PhD project is entitled Mehta's Film Trilogy: Theorising Transnational Production and Reception; Practising Diasporic Creativity. It began as a textual analysis dissertation with a video-recorded reception studies component in the University of Adelaide's Discipline of Media in February 2007. Now nearing completion, it has become more than a hybrid research project. Its creative and fluid trajectories are not unlike the dispersals and convergences of diasporic identity and cultural production itself. It has acquired the form of its content; it has come to manifest what it articulates. This reflective compilation aims to map the creative trajectory, while acknowledging the …

Review: Wittgenstein And Reason By John Preston, Daniel Hutto

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

'Reason' is not one of Wittgenstein's usual words (this is pointed out by more than one of the contributors to Wittgenstein and Reason). Despite this, his insights into the nature of rule-following, the basis of religious belief and our capacity to understand and interpret both the mundane and ritualistic practices of others sheds important light on what we might possibly mean by talk of what is reasonable and rational. This is clearly brought out, in different ways and contexts, by the various contributors to this collection. Each chapter of the volume offers a tightly argued, beautifully written and illuminating take …

The Philippine Treaty Limits And Territorial Water Claim In International Law, Lowell Bautista

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

The fundamental position of the Philippines regarding the extent of its territorial and maritime boundaries is based on two contentious premises: first, that the limits of its national territory are the boundaries laid down in the 1898 Treaty of Paris which ceded the Philippines from Spain to the UnitedStates; and second, that all the waters embraced within these imaginary lines are its territorial waters. The position of the Philippine Government is contested in the international community and runs against rules in the Law of the SeaConvention, which the Philippines signed and ratified. This situation poses two fundamental unresolved issues of …

Indigenous Sentencing Courts (Brief 5, December), Elena Marchetti

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

This brief focuses on Indigenous sentencing courts, which operate in all Australian states and territories except Tasmania. These courts have been established according to protocols and practices, and can be distinguished from more informal practices that occur in remote areas where judicial officers travel on circuit. The first court was established in Port Adelaide on 1 June 1999. Indigenous sentencing courts do not practise or adopt Indigenous customary laws. Rather, they use Australian criminal laws and procedures to sentence Indigenous offenders who have either pleaded guilty or been found guilty, but they allow Indigenous Elders and Respected Persons to participate …

Critical Discernment Of Quality In Singing: An Approach To Encouraging Self-Regulated Singers Through Peer Assessment, Lotte Latukefu

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

In 2008, as part of the ongoing development of a learning model for singing using sociocultural theories, peer assessment was introduced into the singing component of a tertiary level, undergraduate, creative arts performance course. The purpose of this exercise was to encourage students to become self-regulated learners capable of continuing with their learning after graduation. Falchikov (2007) has argued that peer involvement in assessment has the potential to encourage learning and develop assessment skills that will last a lifetime. The project investigated what effect changing the role of the actor/singer in an assessment has on the group and also the …

Amona - Artwork Exhibited In The Exhibition Temperature 2, Madeleine T. Kelly

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

No abstract provided.

Partners Or Adversaries? The Role Of Ngos In The Implementation Of International Fisheries Instruments., Pio Emosi Manoa

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

Non-government organisations (NGOs) are regarded as ‘heavyweight’ actors in international fora.1 The term NGO refers to any organisation that is not a government or inter-governmental organisation. In fisheries governance in the Western and Central Pacific Ocean, the increasing involvement of NGOs is a consequence of post United Nations Conference on Environment and Development (UNCED)2 developments and globalisation processes. The 1992 UNCED, also referred to as the Earth Summit, provided the platform for greater participation of civil society in the pursuit of sustainable development and key fisheries principles were elaborated. Other international meetings such as the World Summit on Sustainable Development …

Forever Elsewhere, Ingeborg Elisabeth Van Teeseling

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

Review of John Mateer. Elsewhere. Cambridge: Salt Publishing, 2007. 124 pp. A$27.95. ISBN 978-1-844712-75-5

Rainforest Narratives: The Work Of Janette Turner Hospital By David Callahan, Maureen Clark

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

Book review of:

David Callahan. Rainforest Narratives: The Work of Janette Turner Hospital. St. Lucia: U of Queensland P, 2009, 384pp. ISBN 978-0-7022-3727-0 (pbk) AU$39.95

Philosophical Antecendents To Situated Cognition, Shaun Gallagher

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

In this chapter I plan to situate the concept of situated cognition within the framework of antecedent philosophical work. My intention, however, is not to provide a simple historical guide but to suggest that there are still some untapped resources in these past philosophers that may serve to enrich current accounts of situated cognition. I will include embodied cognition as part of the concept of situated cognition. One often encounters these terms used togetherembodied cognition and situated cognition - and it is clear that situated cognition cannot be disembodied, although some authors emphasize one over the other or provide principled …

The Importance Of Being Incorrect: Burma Road Pieces, From End To Beginning, Yu Ouyang

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

Yu relates his travel to Kunming, China. After being in Kunming and back in Australia, he suddenly felt a kind of illness that defied description. Everything was normal for him, and too correct. He realized that his Kunming travel showed the importance of being incorrect.

Written In The City, A Fragment, Yu Ouyang

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

A poem is presented.

Directions, Yu Ouyang

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

One language's logic is often another one's illogicality...

Eight Poems, Dan Huang, Yu Ouyang

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

Eight poems by Ouyang Yu

Care, Social (Re)Production And Global Labour Migration: Japan’S ‘Special Gift’ Toward ‘Innately Gifted’ Filipino Workers, Hironori Onuki

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

The Economic Partnership Agreement (EPA)1 concluded by the Japanese and the Philippine governments on 9 September 2006, was described in the Japanese media as a ‘new step toward opening Japan’s labour market’ (Asahi Shimbun 2006b). Similar to Japan’s previous free trade treaties with Singapore, Mexico and Malaysia, the Japan-Philippines Economic Partnership Agreement (JPEPA) mainly concerns tariff reduction to facilitate bilateral exchanges of goods and services (Ministry of Foreign Affairs (MOFA) 2006).2 Yet, its distinctive feature is its facilitation of the movement of ‘natural persons’ – more specifically, the JPEPA allows for the Philippines to send up to 400 nurses and …

White Anxieties And The Articulation Of Race: The Women’S Movement And The Making Of White Australia, 1910s–1930s, Jane L. Carey

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

This chapter examines the racial anxieties at work in the Australian women’s movement in the early 1900s, focussing on campaigns and organisations aimed at increasing and ‘improving’ the white population on the one hand and discussions of the ‘Aboriginal problem’ on the other. It particularly examines the activities of the National Council of Women, the largest women’s group of this period, and the Australian Federation of Women Voters, a smaller but highly influential organisation, as well as local groups which emerged to further these causes. Specifically, it explores efforts to promote immigration from Britain, which went alongside eugenic measures to …

Introduction: Creating White Australia: New Perspectives On Race, Whiteness And History, Jane L. Carey, Claire Mclisky

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

As the promulgation of the White Australia Policy in 1901 would seemingly demonstrate, ‘whiteness’ was crucial to the constitution of the new Australian nation. And yet historians have paid remarkably little attention to this in their studies of Australia’s past. ‘Whiteness’, as a concept, has only recently been recognised as a significant part of the story of Australian nationalism. In seeking to understand the operations of ‘race’, historians have primarily looked towards Indigenous peoples and other ‘non-white’ groups. Creating White Australia takes a fresh approach to the questions of Australian national formation and the crucial role of race in Australian …

Breton, Bataille And Lacan’S Notion Of “Transgressive” Sublimation, Klemens E. James

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

Surrealism has sometimes been characterised as a movement in flight from reality, attempting to evade the base and the material by immersing itself in oneiric realities and the "world-rubble of the unconscious" (Adorno). Indeed, Surrealism is frequently equated with an idealising "sublimatory" tendency within modernist art which contrasts with the deconstructive and "desublimatory" stance of George Bataille, a dissident surrealist known for his transgressive writings on eroticism. Even in their conceptualisation of love, the surrealists are frequently considered to be too idealising – and all the more so in the case of their leading spokesman, André Breton. In this paper …

Transforming Journalism.... 140 Characters At A Time, Julie Posetti

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

Twitter is beconing such an important reporting tool and audience interaction zone for media outlets. But the microblogging platform brings with it professional pitfalls and highlights ethcial dilemmas central to 21st century journalism, argues Julie Posetti

Navigating Pacific Fisheries: Legal And Policy Trends In The Implementation Of International Fisheries Instruments In The Western And Central Pacific Region, Quentin Hanich, Ben M. Tsamenyi

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

Navigating Pacific Fisheries analyses the legal and policy context for the conservation, management and exploitation of tuna fisheries in the Western and Central Pacific region.

Against A Rising Tide: Ambulatory Baselines And Shifting Maritime Limits In The Face Of Sea Level Rise, Clive H. Schofield

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

This paper addresses a critical issue for many coastal States: rising global sea levels. While the causes of climate change still excite controversy and debate, it is now widely accepted that significant sea level rise is taking place and that this trend appears likely to accelerate in the future. This phenomenon raises a number of important challenges for coastal and island States. Among these threats is the likely impact of rising sea levels on national claims to maritime jurisdiction. Significant changes to coastlines and therefore baselines and the potential submergence of key basepoints may potentially lead to the loss of …