Law Commons^™

Refuge From Climate Change-Related Harm: Evaluating The Scope Of International Protection Within The Common European Asylum System, Matthew Scott

Matthew Scott

Extreme weather events have the potential to cause serious harm and can contribute to displacement. Such events are expected to increase in frequency and/or intensity as a consequence of climate change. It is therefore of concern that there is widely considered to be a protection gap when affected individuals cross an international border. However, apart from a handful of cases in Australia and New Zealand, the contours of this perceived gap have not been fully explored in practice. In its judgment in Teitiota v Chief Executive of the Ministry of Business Innovation and Employment, the High Court of New Zealand …

The Leadership Leap: A New Approach For Homeland Security, R. Jeffery Maxfield, Rodger Broome, John R. Fisher

R. Jeffery Maxfield

The world is in chaos, and unfortunately, this most likely will continue. Recent news reports are replete with stories of crises. These events demonstrate the implicit and explicit need for leadership. We believe these crises and their accompanying uncertainty are the reasons people have sought strong leaders – to bring order and sanity to an otherwise uncontrollable world. This is particularly true in homeland security and the emergency services.

Political Community In Carl Schmitt's International Legal Thinking, Markus Gunneflo

Markus Gunneflo

Globalization And Regulation, Laurel S. Terry

Laurel S. Terry

Observations From The Pilot Study On The Practice And Perspectives Of Lawyers In The United Kingdom And Sweden Regarding Protection From Environmentally Related Harm In An Era Of Climate Change, Matthew Scott

Matthew Scott

A total of nine semi-structured interviews were carried out between November 2013 and April 2014 with senior lawyers specialising in asylum and immigration law in the United Kingdom and Sweden enquiring into their perspectives and practice around the issue of environmentally related cross border displacement. The pilot study suggests that lawyers in Sweden and the United Kingdom are not routinely involved in seeking international protection for individuals who may be at risk of being exposed to environmentally related harm if returned to their countries of origin or habitual residence, although some 'pathways to protection' were identified. I suggest that lawyers …

Indigenous Knowledge, Sam Grey

Sam Grey

Indigenous knowledge (IK) includes the expressions, practices, beliefs, understandings, insights, and experiences of Indigenous groups, generated over centuries of profound interaction with a particular territory. Its iterations and mechanisms are unique to each community, even where it shares certain features across groups by virtue of being embedded in a wider, common culture. In all locations IK is the foundation of Indigenous governance, ecological stewardship, social, ethical, linguistic, spiritual, medical, food, and economic systems, so that the continual production and reproduction of local, land-based knowledge is the basis of Indigenous identity and sense of place in the world, as well as …

Legal Services In The United States, Laurel S. Terry, Erica Moeser

Laurel S. Terry

Towards An Asean Counter-Terrorism Treaty, G. L. Rose, D. Nestorovska

Professor Gregory Rose

The benefits for Association of Southeast Asian Nations (ASEAN) members of a regional treaty to combat terrorism include improved coordination in mutual legal assistance and harmonisation of best practice legal approaches. The conceptual framework for a common definition of terrorism is set out in this paper. Precedent regional and multilateral treaties are analysed into legal formulae and their components, such as obligations to indict or to extradite, to provide mutual legal assistance, and to build regional implementation capacity, are assessed as potential models for inclusion in an ASEAN regional treaty. The paper concludes by considering ASEAN progress in adopting cooperative …

Regionalism In The Pacific, Charles Hawksley, Edward Wolfers

Charles M Hawksley

While Europe demonstrates tendencies towards centralization of authority and coordination through the European Parliament and Commission and common policies, Pacific regionalism is more diverse and decentralized. With an estimated 700 governmental and non-governmental organizations in the Asia-Pacific region overall (Crocombe 2007: 13), it is clear that Pacific regionalism involves several combinations of actors in different type of formal and informal organizations with a variety of purposes. With its history of colonization, ongoing decolonization and the interplay of the interests of several regional and global powers, regionalism in the Pacific Islands is a rich tapestry of organizations that address issues of …

The Law Of The Sea, Ben Tsamenyi, Brian Opeskin

Professor Ben M Tsamenyi

No abstract provided.

Role Of Regional Organisations In Meeting Los Convention Challenges: The Western And Central Pacific Experience, Ben Tsamenyi, Lara Manarangi-Trott

Professor Ben M Tsamenyi

No abstract provided.

International Marine Conservation Law And Its Implementation In Australia, G. Rose, Ben Tsamenyi, Alison Castle

Professor Ben M Tsamenyi

No abstract provided.

The Implications Of The Wcpfc For Australia's Maritime Regulation And Enforcement, Ben Tsamenyi, Lara Manarangi-Trott

Professor Ben M Tsamenyi

No abstract provided.

Does A Bill Of Rights Matter? Comparing Australia To New Zealand, Luke Mcnamara

Luke McNamara

No abstract provided.

Towards A Pedagogy Of Fair Use For Multimedia Composition, Renee Hobbs, Katie E. Donnelly

Renee Hobbs

No abstract provided.

The Aims Of Public Scholarship In Media Law And Ethics, Erik Ugland

Erik Ugland

No abstract provided.

Customary International Law In The 21st Century, Timothy L. Meyer, Andrew T. Guzman

Timothy Meyer

This chapter considers the role of customary international law (CIL) in a world in which the treaty has become the predominant instrument of international legal cooperation. Far from rendering CIL irrelevant, the chapter argues that the increased use of more formal, institutionalized legal agreements to govern interstate relationships can actually increase the importance of CIL, both by increasing the credibility and clarity of customary rules and by relying on the interstitial nature of CIL to reduce the costs associated with contracting between states.

We employ a functionalist theory of CIL, in which the beliefs of states are the only relevant …

Legal Research In Mass Communication, Erik Ugland, Everette E. Dennis, Donald M. Gillmor

Erik Ugland

No abstract provided.