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Full-Text Articles in Law
International Environmental Law Principles Relevant To Exploitation Activity In The Area, Robin M. Warner
International Environmental Law Principles Relevant To Exploitation Activity In The Area, Robin M. Warner
Faculty of Law, Humanities and the Arts - Papers (Archive)
The International Seabed Authority is responsible for providing effective protection for the marine environment from the harmful effects of activities in the Area under Article 145 of UNCLOS. To meet this challenge, it must determine the relevant environmental governance principles applicable to each stage of an exploration and exploitation activity and how they can be operationalized in practical terms. This article discusses some key principles of international environmental law and management which are potentially relevant to the exploitation process and in particular the approval of a plan of work for exploitation activities. It also examines the potential legal thresholds for …
Curriculum Reform: A Transformation Or Consumption Model For Politics And International Relations?, Susan N. Engel
Curriculum Reform: A Transformation Or Consumption Model For Politics And International Relations?, Susan N. Engel
Faculty of Law, Humanities and the Arts - Papers (Archive)
For decades, politics and international relations (PaIR) programs across Australia have taken a smorgasbord or student consumption approach to curriculum development. This article examines whether, with the Australian Qualifications Framework (AQF), there has been a systematisation and transformation of curriculum. It surveys 21 programs and majors in the field offered at 10 universities. It analyses directions in program structure, content and to a lesser extent delivery in order to discover whether there is a shared picture of graduate outcomes. The model of curriculum as a product students' select elements of to consume has largely continued and there has been no …
'Identity' And Governance In Synthetic Biology: Norms And Counter Norms In The 'International Genetically Engineered Machine' (Igem) Competition, David W. Mercer
'Identity' And Governance In Synthetic Biology: Norms And Counter Norms In The 'International Genetically Engineered Machine' (Igem) Competition, David W. Mercer
Faculty of Law, Humanities and the Arts - Papers (Archive)
A number of commentaries preoccupied with the legal, social and ethical implications of synthetic biology have emphasised that an important element shaping options for its future governance will be the normative ethos that is adopted by the emerging field. One venue that has regularly been identified as central to the development of this normative ethos is the International Genetically Engineered Machine (iGEM) Competition, an annual synthetic biology competition, which attracts thousands of students from across the world. The ideal values promoted by iGEM of collaboration, interdisciplinarity, sharing of results, and overt commitment to the consideration of social and ethical implications …
Chinese International Film Encounters: Closing The Gaps With Hollywood With Soft Power Appeal At Home And Abroad (中国电影与韩国的国际碰撞-中国电影通过软实力追赶好莱坞), Brian Yecies
Faculty of Law, Humanities and the Arts - Papers (Archive)
In this article, I aim to expand our understanding of the transnational production and increasing international appeal of contemporary Chinese cinema in 2012 and 2013; my viewpoint is from the outside looking in. To achieve this aim, I analyze two key developments that are contributing to the rapidly shifting shape and style of the Chinese film industry: 1) increasing post-production collaborations with film industry practitioners and firms from South Korea – an important trading partner for China; and 2) the popular reception of Chinese films on the international film festival circuit, in particular the responses of a diverse group of …
Piracy In Southeast Asia: An Overview Of International And Regional Efforts, Ahmad Amri
Piracy In Southeast Asia: An Overview Of International And Regional Efforts, Ahmad Amri
Faculty of Law, Humanities and the Arts - Papers (Archive)
One of the main maritime security threats in Southeast Asia is Piracy. While piracy has been a perennial problem, this threat has received increasing attention in the region over the past few years. Reports published by the International Maritime Organization (IMO) as well as the International Maritime Bureau show an alarming number of piratical acts in Southeast Asian waters over the past decade. Southeast Asia had the second highest number of piracy attacks in the world from 2008–2012. Only the African Region transcended Southeast Asia in the number of attacks. This is concerning because the geographical location of the region …
Greenhouse Gas Emissions From International Shipping: The Response From China's Shipping Industry To The Regulatory Iinitiatives Of The International Maritime Organization, Yubing Shi
Faculty of Law, Humanities and the Arts - Papers (Archive)
The International Maritime Organization (IMO) received its mandate to regulate shipping greenhouse gas (GHG) emissions from the Kyoto Protocol. However, the IMO Convention and the UN Convention on the Law of the Sea also provide it with competence in this area. In exercising its mandate, the IMO has developed regulatory initiatives. China’s shipping industry is playing a growing role in the international shipping market, and its response to these initiatives will have a substantial effect on the future application of these regulations. This article analyses the GHG mandate of the IMO, examines the main outcomes achieved within the organization on …
The Sustainable Use And Conservation Of Biodiversity In Abnj: What Can Be Achieved Using Existing International Agreements?, Jeff Ardron, Rosemary Rayfuse, Kristina Gjerde, Robin Warner
The Sustainable Use And Conservation Of Biodiversity In Abnj: What Can Be Achieved Using Existing International Agreements?, Jeff Ardron, Rosemary Rayfuse, Kristina Gjerde, Robin Warner
Faculty of Law, Humanities and the Arts - Papers (Archive)
Attention has recently been given to shortcomings and gaps in the governance regime for marine areas beyond national jurisdiction (ABNJ), especially with regard to the conservation of marine biodiversity. This paper provides a brief overview of existing ABNJ treaties and their associated governance bodies. Examples of the manner in which some gaps have been (or are in the process of being) filled are outlined. These examples suggest that given the political will, existing bodies could achieve significantly more. Additionally, greater involvement from those conservation conventions that have already proven themselves to be effective in areas under national jurisdiction, such as …
Dowry In Bangladesh: A Search From An International Perspective For An Effective Legal Approach To Mitigate Women’S Experiences, Afroza Begum
Faculty of Law, Humanities and the Arts - Papers (Archive)
For some 40 years, Bangladesh has fought a losing battle against the existence of dowries and their associated abuse with no indication of even a minimal impact as dowry demands inflate and violence increases. In one year alone, dowry related violence claimed the lives of 325 women and contributed to 66.7 per cent of the violent incidents against women. This article aims to investigate the appropriateness and effectiveness of legal approaches to dowry and propose a different standard for redressing women’s disadvantaged situation in the traditional culture of Bangladesh.
The Dynamics Of Transitional Justice: International Models And Local Realities In East Timor, Charles Hawksley
The Dynamics Of Transitional Justice: International Models And Local Realities In East Timor, Charles Hawksley
Faculty of Law, Humanities and the Arts - Papers (Archive)
[extract] As Ruti Teitel has outlined, transitional justice can be seen as evolving in three phases. The first involved criminal trials, such as Nuremberg and Tokyo, which sought to hold individuals accountable for abuses of human rights during World War II, and this was buttressed by the development of various international legal instruments to protect rights which today constitute a central aspect of approaches to transitional justice. In the 1980s and 1990s a second phase of transitional justice occurred with post-dictatorship tribunals and bodies such as truth commissions, both of which 'thickened' transitional justice by introducing a restorative element. The …
Combating Maritime Piracy In Southeast Asia From International And Regional Legal Perspectives: Challenges And Prospects, Ahmad Amri
Faculty of Law, Humanities and the Arts - Papers (Archive)
Piracy is considered a critical maritime security threat in Southeast Asia. Whilst piracy has always been a perennial problem in the region, this threat has received increasing attention in the region over the past few years. Reports published by the International Maritime Organisation as well as the International Maritime Bureau show an alarming increase in acts of piracy on Southeast Asian waters over the past decade. In ancients times, the main drivers of piracy were raiding for plunder and capture of slaves; however, in modern times, developments in politics, economics and even military technology have drastically altered the universal crime …
The Use Of Gis And Geospatial Technologies In Support Of Coastal Zones Management-Results Of An International Survey, Rodolphe Devillers, Debora M. De Freitas
The Use Of Gis And Geospatial Technologies In Support Of Coastal Zones Management-Results Of An International Survey, Rodolphe Devillers, Debora M. De Freitas
Faculty of Law, Humanities and the Arts - Papers (Archive)
This paper reports on the results of an international survey looking at the use of Geographic Information Systems (GIS) and other geospatial technologies in support of coastal zones management. The survey, conducted in fall 2012, was answered by 328 respondents coming from 59 different countries. It aimed at assessing the proportion of people using such technologies, identifying which specific technologies are used, how often they are used, what they are used for, etc. A set of questions also asked more specifically about the potential of using volunteered geographic information (VGI) in the context of coastal zones management. Results indicate that …
Peace Studies War – Boycotting Israel For The Sake Of International Law?, Gregory L. Rose
Peace Studies War – Boycotting Israel For The Sake Of International Law?, Gregory L. Rose
Faculty of Law, Humanities and the Arts - Papers (Archive)
This article considers the current boycott of Israeli academics by the Sydney Centre for Peace and Conflict Studies (CPACS) - an affiliate of the University of Sydney - arguing that the boycott suppresses academic freedom, does not promote international law or peace, and is fundamentally racist. It was written in answer to an argument in defence of the boycott recently posted on the Australian-government supported website "The Conversation" by CPACS lecturer Paul Duffill (Jan. 15), who argued "the International Court of Justice ruled in July 2004 that Israel is occupying Palestinian territory in violation of international law", and therefore "a …
Ensuring The Preservation Of Submerged Treasures For The Next Generation: The Protection Of Underwater Cultural Heritage In International Law, Lowell Bautista
Ensuring The Preservation Of Submerged Treasures For The Next Generation: The Protection Of Underwater Cultural Heritage In International Law, Lowell Bautista
Faculty of Law, Humanities and the Arts - Papers (Archive)
In a historic moment that culminated almost a decade of negotiations, the Convention on the Protection of the Underwater Cultural Heritage (UCH Convention) was adopted on 2 November 2001.2 The UCH Convention is the fourth international instrument dealing with cultural heritage adopted under the aegis of the United Nations Educational, Scientific and Cultural Organization (UNESCO) and the first one specifically addressing the protection of underwater cultural heritage (UCH) in international law.3 The UCH Convention is the first universal instrument that exclusively deals with the preservation of UCH in international waters. The UCH Convention builds upon and addresses the gaps of …
The Challenge Of Reducing Greenhouse Gas Emissions From International Shipping: Assessing The International Maritime Organization's Regulatory Response, Yubing Shi
Faculty of Law, Humanities and the Arts - Papers (Archive)
As a comparatively cost effective, clean, and safe method of transportation, international shipping offers an important means of moving goods internationally and enables other activities such as leisure cruising.1 Many factors contribute to the development of international shipping. As an example, the evolution of ship propulsion has progressed from sailing ships to steam ships powered by coal and then to an almost universal use of diesel engines, significantly accelerating international trade.2 Similarly, advances in telecommunication and information and communications technology infrastructure, reductions in trade barriers, and low energy costs have also contributed to the expansion of international shipping and seaborne …
What A Tangled Net: Unravelling The International Complications Of Tuna Conservation, Quentin Hanich, Glenn Sant
What A Tangled Net: Unravelling The International Complications Of Tuna Conservation, Quentin Hanich, Glenn Sant
Faculty of Law, Humanities and the Arts - Papers (Archive)
The eighth meeting of the Western and Central Pacific Fisheries Commission concluded in Guam on Friday 30 March 2012. Five hundred delegates from more than 40 countries argued for a week about how to reduce overfishing in the Western and Central Pacific tuna fisheries and sustainably manage the world’s largest tuna fisheries.
Scientific assessments clearly recommend urgent action to address overfishing and reduce fishing mortality for bigeye tuna, halt any increases in fishing mortality for yellowfin and probably albacore, reduce fishing mortality of juvenile bigeye and yellowfin, and develop precautionary limits for skipjack. If these actions are not taken the …
Displaced Persons And The Politics Of International Categorisation(S), Jayne Persian
Displaced Persons And The Politics Of International Categorisation(S), Jayne Persian
Faculty of Law, Humanities and the Arts - Papers (Archive)
Between 1947 and 1952 170,000 Displaced Persons (DPs) arrived in Australia as International Refugee Organisation (IRO)-sponsored refugees. This article sets out the international historical and political context for the migration of DPs to Australia, and interrogates the "bureaucratic labelling" inherent in the category "Displaced Persons". The post-war refugees were presented internationally as "Displaced Persons"; "refugees"; "political refugees"; and eventually, in an effort to solve the population crisis, as potential "workers" and "migrants". This article will describe the historical origin of the terms "Displaced Persons" "refugees", "political exiles" and "migrants"- terms which were, and continue to be, relevant and problematic.
What The Boomerang Misses: Pursuing International Film Co-Production Treaties And Strategies, Brian Yecies
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 …
The Philippine Treaty Limits And Territorial Water Claim In International Law, Lowell Bautista
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 …
Partners Or Adversaries? The Role Of Ngos In The Implementation Of International Fisheries Instruments., Pio Emosi Manoa
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 …
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
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.
Species Enhancement By International Gene Pool, Craig Judd
Species Enhancement By International Gene Pool, Craig Judd
Faculty of Law, Humanities and the Arts - Papers (Archive)
The idea for Wild Thang: post pop from the MCA emerged from my experience of viewing permanent collections in regional art galleries. Most of these collections began in the late 1960s and early 1970s with a major cash injection and after the initial flush of funds and public interest many of them languished. Consequently regional galleries in New South Wales (and Victoria and Queensland) have large bodies of work from a time period and aesthetic framework that are often considered difficult at best and unfashionable at worst. Most Directors and Curators I spoke to, looked in despair at the mass …
Editorial: Perspectives On Mobility, Migration And Well-Being Of International Students In The Asia Pacific, Peter Kell, Gillian Vogl
Editorial: Perspectives On Mobility, Migration And Well-Being Of International Students In The Asia Pacific, Peter Kell, Gillian Vogl
Faculty of Law, Humanities and the Arts - Papers (Archive)
This edition of the International Journal of Asia Pacific Studies explores issues relating to global student mobility in the Asia Pacific. The contributions to this edition from Australia and Malaysia emerged from a forum held in Australia in February where academics and researchers from Malaysia, China, Singapore and Australia presented papers and discussed ways of interpreting the character and the implication of global student mobility. The forum entitled International Students in the Asia Pacific: Mobility, Migration, Well-being and Security held from 13-15th February 2008 attracted over 40 presenters. The forum was hosted by the Centre for Asian Pacific Social Transformation …
The International Legal Regime For Fisheries Management, Ben M. Tsamenyi, Shilpa Rajkumar, Lara Manarangi-Trott
The International Legal Regime For Fisheries Management, Ben M. Tsamenyi, Shilpa Rajkumar, Lara Manarangi-Trott
Faculty of Law, Humanities and the Arts - Papers (Archive)
No abstract provided.
Genocide And Colonialism, Ii: Discussing A Recent International Conference On 'Genocide And Colonialism' And Its Implications For Australian Debates, Lorenzo Veracini
Genocide And Colonialism, Ii: Discussing A Recent International Conference On 'Genocide And Colonialism' And Its Implications For Australian Debates, Lorenzo Veracini
Faculty of Law, Humanities and the Arts - Papers (Archive)
Lorenzo Veracini reviews a recent international conference on 'Genocide and Colonialism' and its implications for Australian debates.
Satellite-Based Vessel Monitoring Systems International Legal Aspects & Developments In State Practice, Ben M. Tsamenyi, Erik Jaap Molenaar
Satellite-Based Vessel Monitoring Systems International Legal Aspects & Developments In State Practice, Ben M. Tsamenyi, Erik Jaap Molenaar
Faculty of Law, Humanities and the Arts - Papers (Archive)
No abstract provided.