Law Commons^™

Philippine Territorial Boundaries: Internal Tensions, Colonial Baggage, Ambivalent Conformity, Lowell Bautista

Lowell Bautista

The territorial boundaries of the Philippines, inherited from Spain and the United States in 1898, are disputed in international law. The boundaries of the Philippines are not recognised by the international community for two principal reasons: first, because of the fundamental position of the Philippines 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 United States; and second, is its claim that all the waters embraced within these imaginary lines are its territorial waters. The Philippine Government is not unaware of these issues …

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

Catherine M McKinnon

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 …

Hurt, Catherine Mckinnon

Catherine M McKinnon

Hurt from The Hurt Trilogy The modern world is full of new technologies, fast cars, fast foods, fast internet speeds but does our focus on the politics of the now means we lose the opportunity to set current dilemmas against more philosophical questions about what it means to be human? The Hurt Trilogy project queries whether our moral choices are important or whether we our lives are simply accidents being played out? Each of the plays examines whether, when faced with death—our own or the death of someone we love— ‘truths’ about our actions can be grasped? And more broadly, …

'They Don’T Flinch’: Creative Writing/Critical Theory, Pedagogy/Students, Joshua M. Lobb

Joshua Lobb

In Creative Writing and the New Humanities, Paul Dawson declared that “Creative Writing needs to answer the critique of authorship and of the category of literature offered by Theory” and that central to discussion is the question “how do writing programmes negotiate the insights of contemporary theory, and the critique of literature which these offer?” (2005, 161). In the late 1990s, the rhetoric of Creative Writing academics certainly reflected this challenge. Jen Webb proposed that “one of the skills writing students need is an understanding of the politics of identity and representation” (2000); Kevin Brophy agreed, declaring that Creative Writing …

Sweat, Perfume And Tobacco: The Ambivalent Labor Of The Dancehall Girl, Vera C. Mackie

Vera Mackie

In his 1931 novella Dancers and Drawers (Dansii to zurosu), Tada Michio describes an enchanting figure, a dancehall girl on the streets of Tokyo: "With a cheeky bob and slim legs. With stockings of a color that matches her skin so well she looks like she's not wearing any. Her shoes are patent leather with high heels. Her gaudy salmon pink dress flutters in the wind as she steps along the pavement" (Tada 1931: 1).

Envisioning The Shôjo Aesthetic In Miyazawa Kenji's 'The Twin Stars' And 'Night Of The Milky Way Railway', Helen Kilpatrick

Helen Kilpatrick

Despite an ever-growing body of scholarship on the shôjo (girl) in manga and anime, little has been written about representations of the ‘girl’ in Japanese picture books. Shôjo literature and culture have grown exponentially in Japan since about the 1980s, but there has been a tendency in popular media to overemphasise the 'cute', disempowering aspects of the ‘girl’. By using Takahara Eiri's (1999) concept of “girl consciousness” and Honda Masuko's (1992) envisioning of the girl’s imagined freedom through a hirahira (fluttering) aesthetic, notions of the powerless or mindlessly consuming shôjo can be dispelled. Such concepts help demonstrate that the girl …

Delivering Design: Testing A New Model For Developing Regional Audiences For Touring Exhibitions And Design Projects, Jennie A. Lawson, Lisa Cahill

Amanda Lawson

Object: Australian Design Centre (Object) partnered with the Western Plains Cultural Centre (WPCC) and the University of Wollongong (UOW) to undertake a research project to examine the relationship between the touring organisation and the host venue and how strengthening that relationship may lead to increased engagement with regional audiences.

Nam June Paik, Cybernetics And Machines At Play, Susan (Su) Ballard

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

Nam June Paik’s playful, imperfect and often ambiguous use of cybernetics has left an important legacy for contemporary media art. Paik’s works demonstrate that it is essential to temper aesthetics with ethics in order to question the utopian dreams of the very materials electronic artists work with. Paik’s works also suggest a new way to think about the machine in art. This paper focuses on the impacts of communication and control in the machine (and subsequently the network) in Paik’s Robot K- 456 and suggests a reconceptualization of Paik’s cybernetic machine as a machinic process enmeshed in communication systems.

Intimate Disavowal: Turning Away From Technological Media Art, Brogan Bunt

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

This paper describes a personal turn away from technological media art towards modes of practice that involve walking based interaction with the local environment. However, rather than stressing areas of difference, I consider points of unexpected continuity. The key association hinges on a common concern with dimensions of mediation. Within this context, I argue for a broader conception of mediation that is not restricted to technological media, but that can also incorporate our complex relation to aspects of lived immediacy.

Discoursing Love: The Classroom. A Fictional Response To Roland Barthes, Shady Cosgrove

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

‘Discoursing Love: The Classroom’ offers a series of microfictions written in response to Roland Barthes’ A Lover’s Discourse Fragments (1978 [2002]). In A Lover’s Discourse Barthes seeks to ‘stage an utterance, not an analysis ... confronting the other (the loved object) who does not speak’ (3). Likewise I have written short pieces—outbursts, ripostes, manoeuvres—each less than six hundred words and connected by meditations on love as experienced by a fictional teacher towards a student. Questions include: How does love confront us? How does the emotional complexity of love, and of the loved Other, find voice in language? And how might …

Chinese Second Language Teacher Education And Teacher Self-Development, Xiaoping Gao

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

This paper addresses three key components in Chinese Second Language Teacher Education: the history, development and objectives of the field, the curricula of teacher education, and student teachers' self -reflection in teaching practices and its role in teacher self -development. Given the changes in the objectives and contexts of teaching Chinese as a second language. it emphasizes that student teachers' self - reflection in supervised teaching practice is central to realize teachers' self -development and to meet the requirement of International Standards for Chinese Language Teacher.

Do You See What I See? Iconic Art And Culture And The Judicial Eye In Australian Law, Marett Leiboff

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

Law, as a practice, makes the claim that it deals in clear, verifiable and ascertainable facts and knowledge, eschewing the insensible, or what can only be ‘felt’ or ‘sensed’. And this is the rub; what happens when the courts make decisions about visuals and images? What exactly do they see?

My purpose in this chapter is to explore how Australian courts, in a diverse set of circumstances, have ‘seen’ visuals or images, such as art or other cultural and creative outputs, and to propose a corrective to their empiricist reading of them, through the use of a Panofskian iconological schema. …

Une Analyse Sociolinguistique Du Code Switching Chez Les Adolescents Mauriciens De Niveau Secondaire, Anu Bissoonauth-Bedford

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

Two sociolinguistic studies carried out in secondary schools in Mauritius in a decade have revealed a growing interest for the Asian ancestral languages. This article discusses fieldwork conducted in 2009 by means of quantitative and qualitative survey with the aim to discover language use, language choice and perceptions of Indian ancestral languages by young adolescents in secondary education. An analysis of the qualitative data on the perception of language importance shows that the adolescents ‘accommodate’ their language in order to communicate better and that they often switch between Creole, French and English depending on the communicative context and their interlocutor. …

Emergent Identities: The Changing Contours Of Indigenous Identities In Aotearoa/New Zealand, Evan S. Poata-Smith

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

This chapter explores the changing contours of contemporary indigenous identities in Aotearoa/New Zealand. It challenges essentialist notions that Māori have ‘‘…singular, integral, altogether harmonious and unproblematic identities’’(Calhoun 1994, 13). It will be argued that rather than conceptualising Māori identities as the continual transmission of fixed cultural essences through time, ‘‘being Māori’’ should be approached as part of a more discontinuous process in which culture and tradition are continually made and remade.

The ‘New Frontier’: Emergent Indigenous Identities And Social Media, Bronwyn Carlson

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

The rapid rise in the use of social media as a means of cultural and social interaction among Aboriginal people and groups is an intriguing development. It is a phenomenon that has not yet gained traction in academia, although interest is gaining momentum as it becomes apparent that the use of social media is becoming an everyday, typical activity. In one episode of Living Black (an Australian television show featuring stories of interest to Indigenous people) entitled ‘‘Cyber Wars’’ (April 19th, 2010), several Aboriginal people commented on their Facebook use. Allan Clarke, one of the Aboriginal Facebook users featured, stated …

Contemporaneous Traditions: The World In Indigenous Art/Indigenous Art In The World, Ian A. Mclean

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

In the 1980s postmodernism’s retro culture was widely diagnosed as the endgame of modernism. Some suggested that a bigger endgame was in play. Hal Foster glimpsed the end of a ruling civilisation: ‘a moment when the West, its limit apparently broached by an all but global capital, has begun to recycle its own historical episodes’.2 By the end of the century the West’s cultural hegemony did indeed seem over. From about 1990 global capital began delivering a completely deterritorialised contemporary art practice. Even Indigenous art, previously considered a primitive artifact of premodern times, was claimed (by a few) for contemporary …

Surviving 'The Contemporary': What Indigenous Artists Want, And How To Get It, Ian A. Mclean

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

There is nothing mysterious about what indigenous artists want. They want the same thing as most people: a fair slice of the pie. How to get it, is a much more difficult question to answer. To even find a seat at the table, indigenous art has to first be accepted as contemporary art. This has been its defining struggle in the modern era. The problem, at least until recently, was that the Western tradition of modernism circumscribed the terms of contemporary art. This meant that indigenous artists had first to prove their modernity, a Catch-22 game that they could never …

(Wo)Man With Mirror, Lucas M. Ihlein, Louise Curham

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

Teaching and Learning are Louise Curham & Lucas Ihlein. TLC evolved from the Sydney Moving Image Coalition - a filmmakers and film lovers group with a specific focus on Super 8, Curham works in film performance, installation and experimental film. Her key interest is the experience of deteriorating and ephemeral film images. Ihlein is an artist who works with social relations and communication as the primary media of his creative practice. His work manifests as blogs, participatory performances, pedagogical projects, experimental film and video, re-enactments, gallery installations, lithographic prints and drawings.

Excavating The Borders Of Literary Anglo-Saxonism In Nineteenth-Century Britain And Australia, Louise D'Arcens, Chris Jones

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

Comparing nineteenth-century British and Australian Anglo-Saxonist literature enables a "decentered" exploration of Anglo-Saxonism's intersections with national, imperial, and colonial discourses, challenging assumptions that this discourse was an uncritical vehicle of English nationalism and British manifest destiny. Far from reflecting a stable imperial center, evocations of "ancient Englishness" in British literature were polyvalent and self-contesting, while in Australian literature they offered a response to colonization and emerging knowledge about the vast age of Indigenous Australian cultures.

The Surface Of Language, Madeleine T. Kelly

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

The roots of these paintings are fragments. Forms that appear grotesque, hollowed or as though composed of splintered fields are spliced together in oneiric landscapes. Their content and process are a sort of sabotage – deformed protagonists appear caught in the act of breaking and in turn collide with the push and pull of paint. If this is aestheticising destruction, it is only in an ironic hope to interrogate conflict that surrounds drone warfare, blind consumption and the massacre of living things.

The lines in the collection of stones exhibited here provide a surface of exchange for the intersection of …

How Do You …? Use Film Viewing To Enhance Students’ Analytical Skills?, Alfredo Herrero De Haro

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

Many teachers, and I have been one of them, treat listening skills as something that is innate and that can be neither learnt nor taught. That is, as something that students either can or cannot do, and as something that teachers have no control over. However, trial and error in lessons has shown me how, irrespectively of students’ level in the L2, there are certain things that we can teach students to make them better listeners and to help them understand how to improve their (foreign) language comprehension.

The starting point will be preventing our students from being passive listeners, …

Crossover Cinema: A Conceptual And Genealogical Overview, Sukhmani Khorana

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

In this collection, the term crossover cinema is used to encapsulate an emerging form of cinema that crosses cultural borders at the stage of conceptualization and production and hence manifests a hybrid cinematic grammar at the textual level, as well as crossing over in terms of its distribution and reception. It argues for the importance of distinguishing between crossover cinema and transnational cinema. While the latter label has been important in enabling the recognition and consideration of the impact of post–World War II migration and globalization on film practice and scholarship, and while it constituted a significant advance on the …

Among The Machines: Australian And Nz Artists, Su Ballard

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

I was lead curator and invited scholar for AMONG THE MACHINES. The exhibition included 13 artists from New Zealand and Australia including major figures. The artists are: Ruth Buchanan, Bronwyn Holloway-Smith, Hayden Fowler, Douglas Bagnall, Fiona Pardington, Nathan Pohio, Hannah and Aaron Beehre, Daniel Crooks, Ronnie Van Hout, Susan Norrie, Jae Hoon Lee, Stella Brennan and Ann Shelton. The exhibition was advertised in E-flux, Art in Australia, Art News. I was interviewed on National Radio (4th July 2013), and it has received numerous favorable reviews.

Pre-Socratic Media Theory, Brogan S. Bunt

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

Drawing inspiration from Siegfried Zielinski’s ground-breaking study of media archaeology, Deep Time of the Media, this paper explores the potential for pre-Socratic philosophy to provide a model for alternative conceptions of mediation within contemporary media art. It argues that pre-Socratic philosophy develops notions of mediation that extend beyond the contemporary focus on technical media. In their exploration of fundamental dynamic principles within nature and in their sensitivity to the uncertain relation between truth, appearance and finite human understanding, they suggest diverse conceptions of mediation that have continuing critical and creative relevance.

Implementing The Rule Of Law For Nature In The Global Marine Commons: Developing Environmental Assessment Frameworks, Robin M. Warner

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

The anthropocene era has brought with it increased threats to the biodiversity of the world’s oceans. Until the latter half of the twentieth century, human use of the oceans beyond a narrow coastal belt was largely confined to navigation, fishing, whaling and from the mid nineteenth century, the laying of submarine cables and pipelines. With the development of the continental shelf and the exclusive economic zone, coastal States have extended their jurisdictional reach to a wider offshore domain for purposes such as resource exploitation, marine scientific research and the generation of energy from wind and waves. Other developments such as …

Natural Selection Among The Ruins, Su Ballard

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

At about the same time that the railways were snaking their way across the major continents of the earth, animals and plants were finding themselves increasingly enclosed. Exponential increases in industrialization had facilitated shifts in scale and experience. For the human, the movement was from the local to the national, for the animal, it was from the farm to the factory, for the plants it was the process of becoming fuel for the massive belching machines inhabiting the landscape in their place.

Factors Conducive To Joint Development In Asia -Lessons Learned For The South China Sea, Robert Beckman, Clive Schofield, Ian Townsend-Gault, Tara Davenport, Leonardo Bernard

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

Joint development in the South China Sea has been suggested as a solution to the Spratly Islands disputes since the 1980s. China was one of the earliest proponents of ‘setting aside the dispute and pursuing joint development’. The South China Sea Workshops on Managing Potential Conflicts in the South China Sea discussed joint development but ran into a number of obstacles, notably because of longstanding sensitivities over sovereignty issues and conflicting maritime claims. Consequently, the Workshops sought to focus on less contentious issues such as cooperation on marine biodiversity and the safety of navigation. Through this non- confrontational, non-binding and …

Revisiting Securities Regulation In The Aftermath Of The Global Financial Crisis: Disclosure – Panacea Or Pandora’S Box?, S M. Solaiman

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

The United States introduced federal securities regulation by adopting the Disclosure-Based Regulation (DBR) in 1933 resembling the doctrine of caveat venditor (DCV) as a substitute for the doctrine of caveat emptor (DCE) in the securities market. The overarching objective of the DBR was to protect investors by enabling them to make 'informed decisions'. Although the change aimed to protect investors, the causes of the GFC suggest that the DCV exists only in theory, while issuers of securities are still enjoying the benefits of the DCE in practice. Financial innovations that intend to camouflage the risks inherent in the complex derivative …

Cultural Myths And Open Secrets: The Cattle Industries In Australia, Melissa Boyde

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

In a meditation on the “question of identity” Gertrude Stein, modernist writer, art collector, dog lover, writes about one of the dogs she and her partner Alice B. Toklas lived with: “I am I because my little dog knows me” (Geographical History 99). In a later discussion on identity and creativity Stein again includes the statement about her dog, adding: I was just thinking about anything and in thinking about anything I saw something. In seeing that thing shall we see it without it turning into identity, the moment is not a moment and the sight is not the thing …

Sweat, Perfume And Tobacco: The Ambivalent Labor Of The Dancehall Girl, Vera C. Mackie

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

In his 1931 novella Dancers and Drawers (Dansii to zurosu), Tada Michio describes an enchanting figure, a dancehall girl on the streets of Tokyo: "With a cheeky bob and slim legs. With stockings of a color that matches her skin so well she looks like she's not wearing any. Her shoes are patent leather with high heels. Her gaudy salmon pink dress flutters in the wind as she steps along the pavement" (Tada 1931: 1).