© David Armstrong, Theo Farrell and Hélène Lambert 2007. Events such as the legal arguments surrounding the 2003 Iraq War and the creation of the International Criminal Court highlight the significance of international law in the contemporary world. This new textbook provides an introduction to the relationship between international law and international relations. David Armstrong, Theo Farrell and Hélène Lambert explore the evolution, nature and function of international law in world politics and situate international law in its historical and political context. They propose three interdisciplinary 'lenses' through which to view the role of international law in world politics: realist, liberal and constructivist. These lenses offer different ways of looking at international law in terms of what it is, how it works and how it changes. Topics covered include the use of force, human rights, international crimes, international trade and the environment, and each chapter features discussion questions and guides to further reading.
Biber, K 2007, Captive Images: Race, Crime, Photography, 1, Routledge, London, UK.
Felemegas, J 2007, An international approach to the interpretation of the United Nations convention on contracts for the international sale of goods (1980) as uniform sales law.
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© John Felemegas 2007. In 1980, the United Nations Convention for the International Sale of Goods (CISG) came into being as an attempt to create a uniform commercial sales law. This book, first published in 2007, compares two major restatements - the UNIDROIT Principles and the Principles of European Contract Law (PECL) - with CISG articles. This work has gathered scholars and legal practitioners from twenty countries who contribute analysis on the various issues covered in the articles of the CISG comparing them with how the issue is treated in the UNIDROIT and PECL restatements.The introductory section of the book addresses theoretical and practical issues of the appropriate interpretive methodology as mandated in CISG Article 7 and it is followed by individual analyses of the Convention's provisions.
Jackson, J & Varnham, S 2007, Law for Educators: School and University Law in Australia, 1, Lexis Nexis, Australia.
Lay, J, Drake, N, Varnham, S & Thomas, C 2007, Conveyancing Law handbook, 3rd Edition, CCH NZ Limited, New Zealand.
Leary, DK 2007, International law and the genetic resources of the deep sea.
Deep-sea genetic resources and the interest of the biotechnology industry in their exploitation are emerging as a significant challenge for international oceans governance. This book is the first comprehensive examination of this issue and explores its relationship with marine scientific research and other activities in the deep sea. As well as a detailed survey of the state of industry interest in this new field of biotechnology it also sets out proposals for future sustainable management of these resources utilizing many existing international law and policy regimes.
A newly admitted lawyer needs sufficient knowledge and skill to maintain trust and office accounts in accordance with the law and good practice. With much space dedicated to practice transactions and specimen accounts, there is plenty of opportunity for readers to become familiar with the major areas of the trust account, controlled money and office records. This new edition explains important changes brought about the 2004 Legal Profession Act and the 2005 Legal Profession Regulation. Written for practitioners and students of degree or diploma courses in law and practical legal training, this text will quash all qualms about book-keeping.
The major themes provide the basis for the analysis and critique of the most significant tribunal decisions, cases and legislative provisions. Author Owens from University of Adelaide, SA, author Riley from University of Sydney, NSW.
The Work Choices reforms and a new Independent Contractors Act 2006 (Cth) have changed the regulatory landscape for many workers.
Albertyn, C & Goldblatt, B 2007, 'Equality', Juta, Cape Town, pp. 1-84.
Anthony, T 2007, 'Criminal Justice and Transgressions on Northern Cattle Stations' in Macfarlene, I & Hannah, M (eds), Transgressions: Critical Australian Indigenous Histories, ANU E Press, Acton, Australia, pp. 35-61.
Booth, T & Carrington, K 2007, 'A Comparative Analysis of the victim policies across the Anglo-Speaking World' in Sandra Walklate (ed), Handbook of Victims and Victimology, Willan Publishing, UK, pp. 380-415.
This chapter details the growing interest in victims by politicians and support groups. It provides details of victim participation in criminal justice process in many western jurisdictions.
Cantley-Smith, R 2007, 'Energy, Human Rights and the Environment: An Irreconcilable Trinity?' in Smith, M & Contini, E (eds), Human Rights 2007: The Year in Review, Castan Centre for Human Rights Law, Australia.
Cantley-Smith, R 2007, 'Environmental Regulation of Australian Energy Markets: Are mandatory renewable targets effective in reducing greenhouse gases?' in Milne, J, Kreiser, L, Deketelaere, K & Ashibor, H (eds), Critical Issues in Environmental TaxationVolume VI: International and Comparative PerspectivesEdited by Jacqueline Cottrell,, Hope Ashiabor, Lawrence A. Kreiser, and Kurt Deketelaere, Oxford University Press, UK.
Dorsett, SG 2007, 'An Australian Comparison on Native Title to the Foreshore and Seabed' in Charters, C & Erueti, A (eds), Maori Property Rights and the Foreshore and Seabed, Victoria University Press, Wellington, New Zealand, pp. 59-82.
In November 2004, the New Zealand Parliament passed the Foreshore and Seabed Act (FSA).1 In so doing. it passed legislation which goes further towards denying Maori the opportunity to establish aboriginal title than comparative legislation which affects indigenous land rights in any other common law country. In essence the FSA removes the right of Maori to apply to Te Kooti Whenua Maori (the Maori Land Court) for territorial customary claims. It extinguishes aboriginal territorial claims to the foreshore and seabed and replaces such claims with a right to argue before the High Court that aboriginal title would have existed but for the legislation. However, there is no accompanying guarantee of compensation for this extinguishment. Finally. it allows for an application for recognition of a non-territorial customary right. known as a customary rights order, to be made to either the Maori Land Court or the High Court. Again, this statutory provision replaces common law jurisdiction.
Picture two images, both of a native title claim area. The first is a map of the claim area, demarcated by latitude and longitude. The areas that cannot be claimed are marked with hatching. There are Crown reservation numbers, and a scale in kilometres - in fact, all the things we expect in a tenure map. I The other image is a painting on canvas, in a form that westerners have labelled 'dot painting'. Yet both address similar concerns, albeit expressed through different cultural lenses: in Western legal terms, jurisdiction, territory and ownership; for the Pila Nguru - the creators of the painting - the Tjukurrpa.
Questions of jurisdiction have been central to Western legal traditions, yet finding a place within jurisprudence and the philosophy of law to pose such questions has not been obvious. By contrast, the practice of the law is preoccupied with questions of jurisdiction and the arrangements of the authority to judge in matters of law. Despite this, the work of practitioners lacks anything but the 'thinnest' of descriptive accounts of what it means to engage with questions of jurisdiction. It is as if legal thought cannot, or can no longer, articulate the terms of its own existence. To introduce Jurisprudence of Jurisdiction, this chapter returns to some of the central topics of jurisdiction in order to investigate the modes or manner of coming into law and of being with law.
Fallah, KL 2007, 'Regulating private security contractors in armed conflicts' in Gumedze Sabelo (ed), Private Security in Africa: Manifestation, Challenges and Regulation, Institute for Security Studies, South Africa, pp. 97-123.
Felemegas, J 2007, 'Comparison between the provisions regarding the concept of good faith in CISG Article 7 and the counterpart provisions of the PECL' in John Felemegas (ed), An International Approach to the Interpretation of UN Convention on Contracts, Cambridge, New York, U.S.A, pp. 268-272.
Felemegas, J 2007, 'Interpretation of offeror's time limit for acceptance: Comparison between the provisions of CISG Art. 20 and the counterpart provisions of the Principles of European Contrat Law' in John Felemegas (ed), An International Approach to the Interpretation of UN Convention on Contracts, Cambridge, New York, U.S.A, pp. 321-324.
Felemegas, J 2007, 'Interpretation of offeror's time limit for acceptance: Comparison between the provisions of CISG Art. 20 and the counterpart provisions of the UNIDROIT Principles of International Commercial Contracts (Art. 2.8)' in John Felemegas (ed), An International Approach to the Interpretation of UN Convention on Contracts, Cambridge, New York, U.S.A, pp. 106-110.
Felemegas, J 2007, 'Late acceptances: Comparison between the provisions of CISG Art. 21 and the counterpart provisions of the PECL Art. 2:207' in John Felemegas (ed), An International Approach to the Interpretation of UN Convention on Contracts, Cambridge, New York, U.S.A, pp. 324-329.
Felemegas, J 2007, 'Late acceptances: Comparison between the provisions of CISG Art. 21 and the counterpart provisions of the UNIDROIT Principles of International Commercial Contracts (Art. 2.9)' in John Felemegas (ed), An International Approach to the Interpretation of UN Convention on Contracts, Cambridge, New York, U.S.A, pp. 111-116.
Felemegas, J 2007, 'Part One. Introduction' in John Felemegas (ed), An International Approach to the Interpretation of UN Convention on Contracts, Cambridge University Press, New York, U.S.A, pp. 1-38.
Felemegas, J 2007, 'The right to seek specific performance: Comparison between the provisions of the CISG (Arts. 28, 46, and 62) and the counterpart provisions of the UNIDROIT Principles (Arts. 7.2.1 - 7.2.5)' in John Felemegas (ed), An International Approach to the Interpretation of UN Convention on Contracts, Cambridge, New York, U.S.A, pp. 143-163.
Felemegas, J 2007, 'Time for payment: Comparison between the provisions of CISG Art. 58 and the counterpart provisions of the PECL Arts. 7:102 and 7:104' in John Felemegas (ed), An International Approach to the Interpretation of UN Convention on Contracts, Cambridge, New York, U.S.A, pp. 430-436.
Felemegas, J 2007, 'When communication "reaches" addressee: Comparison between the provisions of CISG Article 24 and the counterpart provisions in Article 1.9 of the UNIDROIT Principles of International Commercial Contracts' in John Felemegas (ed), An International Approach to the Interpretation of UN Convention on Contracts, Cambridge, New York, U.S.A, pp. 119-124.
Felemegas, J 2007, 'When communication “reaches” addressee: Comparison between the provisions of CISG Article 24 and the counterpart provisions in Article 1.9 of the UNIDROIT Principles' in An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (1980) as Uniform Sales Law, pp. 119-124.
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© John Felemegas 2007. The CISG provisions dealing with contract formation can be found in Part II of the Convention. For the purposes of contract formation, during the exchange of communications of offer and acceptance between the parties, many of the applicable CISG Articles provide that a communication becomes effective when it “reaches” the other party (i.e., the addressee). It has been correctly identified that “[p]ractical problems of proof would arise if the applicability of [those] provisions depended on evidence that a communication came to the personal attention of the addressee.” To address such problems, CISG Art. 24 provides the elements of what constitutes an effective communication to an addressee under Part II of the Convention. The UNIDROIT Principles (UP), like the Convention, adopt the offer and acceptance model of contract formation, which contemplates the exchange of notices and other communications between the parties. In Chapter 1, entitled “General Provisions,” the UP include Article 1.9, entitled “Notice,” which is a provision similar to its CISG counterpart regarding the effectiveness of a notice or other communication of intention between the parties. TIME WHEN A COMMUNICATION “REACHES” THE ADDRESSEE: CISG ART. 24 AND UP ART. 1.9 Article 24 of the Convention provides that the communication of offer and acceptance – any indication of the intention of the parties in the context of contract formation under the CISG – reaches the addressee “when it is delivered to him, not when it is dispatched.”
Felemegas, J 2007, 'Withdrawal of acceptance: Comparison between the provisions of CISG (Art. 22) and the counterpart provisions of the UNIDROIT Principles of International Commercial Contracts (Art. 2.10)' in John Felemegas (ed), An International Approach to the Interpretation of UN Convention on Contracts, Cambridge, New York, U.S.A, pp. 116-119.
This book has three main objectives. The first is to identify the different positions of women in South Africa and to examine the disparate impact of the legal system on their lives.
This book has three main objectives. The first is to identify the different positions of women in South Africa and to examine the disparate impact of the legal system on their lives.
Hitchens, LP 2007, 'Citizen versus Consumer in the Digital World' in Kenyon, AT (ed), TV Futures: Digital Television Policy in Australia, Melbourne University Press, Melbourne, Victoria, pp. 343-363.
Libesman, T 2007, 'Not one without the other: Human rights and Aboriginal and Torres Strait Islander children's well being go hand in hand' in Mark Lawrence (ed), "Remember Me": Commemorating the Tenth Anniversary of the Bringing Them Home Report, The Secretariat of National Aboriginal and Islander Child Care Inc., North Fitzroy Vic AUSTRALIA, pp. 23-26.
Millbank, J & Stewart, M 2007, 'Same-sex couples and their families' in Rosemary Barry (ed), The Law Handbook 10th edition, University of New South Wales Press, Sydney, Australia, pp. 941-969.
Poulin, D, Mowbray, AS & Lemyre, P 2007, 'Free Access to Law and Open Source Software' in Ament, KS & Still, B (eds), Handbook of Research on Open Source Software: technological, Economic and Social perspectives, Information Science Reference, Texas, USA, pp. 373-381.
Rubenstein, K & Burn, JM 2007, 'El regimen juridico de la immigracion en Australia' in Murgadas, A & Enric (eds), Immigracion y transformacion social en Cataluna, Fundacion BBVA, Spain, pp. 63-104.
Stoianoff, NP & Kelly, AH 2007, 'Conserving Native Vegetation on Private Land: Subsidizing Sustainable Use of Biodiversity' in Deketelaere, K, Milne, JE, Kreiser, L & Ashiabor, H (eds), Critical Issues in Environmental Taxation. International and Comparative Perspectives: Volume IV, Oxford University Press, Oxford, UK, pp. 299-315.
TheConvention on Biological Diversity1992 (the Biodiversity Convention) has 13.01 asitsprimary objective the conservation ofbiological diversity;' Running a dose second is the objective of sustainable use of biological divcrsity.2 Simultaneous achievement ofsuch objectives often runs contrary to the desires ofJarge landowners in Australia, particularly when such landowners are engaged in primary production industries.
Tian, G 2007, 'Digital Convergence and IP Divergence: Resolution of Potential IP Trade Wars and Establishment of Proper Digital Copyright Policies' in Park, PS (ed), Strategies and Policies in Digital Convergence, Idea Group, Inc., Hershey, Pennsylvania, USA, pp. 174-194.
Varnham, S & Jackson, J 2007, 'Education and Research' in Halsburys Laws of Australia, Lexis Nexis, Sydney Australia.
Wilding, D 2007, 'On Fair Terms: Public Participation in Communications Regulation in Australia' in Dwyer, T & Nightingale, V (eds), New Media Worlds: Challenges for Convergence, Oxford University Press, Melbourne, pp. 266-286.
Alexander, IJ 2007, 'Criminalising Copyright: A Story of Publishers, Pirates and Pieces of Eight', Cambridge Law Journal, vol. 66, no. 3, pp. 625-656.
Alexander, IJ 2007, 'The Internationalisation of Copyright Law: Books, Buccaneers and the Black Flag in the Nineteenth Century, by Catherine Seville', The Journal of Legal History, vol. 28, no. 1, pp. 157-159.
n recent years a judicial wave has washed away legal advocates' common law immunity in jurisdictions comparable with that of Australia. English and New Zealand courts abrogated immunity in 2000 and 2005-2006 respectively in order to create public confidence in the legal system. 3 In 2005, the Ontario Court of Appeal (Canada) established that advocates are liable for a reasonable standard of care, rather than "egregious error". 4 The superior courts of the United States have consistently maintained that counsel, including advocates appointed by the state since 1979, 5 have a duty of care to clients that is not protected by immunity. In 2005 the High Court of Australia anchored advocates' immunity contrary to the international tide. The decision arose from the case of D'Orta-Ekenaike v Victoria Legal Aid (2005)?223 CLR 1 [PDF] that involved an acquitted man who attempted to sue his barrister and solicitor for wrong advice that led to his earlier conviction and three years imprisonment. In a strong six-to-one majority, the High Court not only affirmed immunity of advocates from negligence suits, but also extended its scope from in-court to out-of-court immunity, and from barristers' immunity to instructing solicitors. The court's chief justification was to protect the public interest by ensuring the finality of trials. The majority (Gleeson CJ, Gummow, Hayne and Heydon JJ) held that abolishing immunity would precipitate parlous re-litigation and undermine the administration of justice (at ).
Anthony, T 2007, 'Reconciliation and Conciliation: The Irreconciable Dilemma of the 1965 'Equal' Wage Case for Aboriginal Station Workers', Labour History, vol. 93, no. 11, pp. 15-34.
The Commonwealth Conciliation and Arbitration Commission in 1965 presided over a landmark case concerning the inclusion of Indigenous workers in the Cattle Industry (Northern Territory) Award 1951. The success of the Australian beef industry during the previous hundred years, especially in the Northern Territory, depended almost entirely upon the work of Indigenous cattle workers but they had rarely been paid. The Commission decided to include Indigenous people under the Award, but its characterisation as an Equal Wage Case is a misnomer. The arguments in the proceedings fuelled a decision that compromised the principle behind Award wages. First, the Commission relied on arguments regarding the lower work value of Indigenous workers to allow individuals to be categorised as `slow workers on below-Award wages. Second, the Commission referred to evidence on the Commonwealths assimilation policy to advocate the removal of workers from `tribal camps on stations. The transcripts reveal racial biases of the Commission that undermined the granting of Award wages.
Unmapped Territory: Indigenous Stolen wages on Cattle Stations
Anthony, T 2007, 'Unmapped Territory: Wage Compensation for Indigenous Cattle Station Workers', Australian Indigenous Law Review, vol. 11, no. 1, pp. 4-29.
Berg, LA 2007, 'At the Border and Between the Cracks: The Precarious Position of Irregular Migrant Workers under International Law', Melbourne Journal of International Law, vol. 8, no. 1, pp. 1-34.
This article aims to identify jurisprudence which advances the standards of treatment of unauthorised migrants in the context of often hostile domestic laws and political rhetoric. Due to its universalist and humanist underpinnings, many would consider international human rights law to be a natural source of rights protecting migrant workers. However, human rights doctrine takes a chequered approach to the protection of those living or working in a foreign state without visa authorisation. Even the Migrant Workers Convention recognises states sovereign prerogative over immigration control, and thereby fails to cater to the especially precarious position of irregular migrants who decline to assert their rights for fear of facing sanctions under immigration laws. It is argued that we need to look to regional judicial forums to find international legal doctrine which articulates a progressive legal framework robustly protective of irregular migrants rights. This article canvasses jurisprudence in the regional Human Rights Courts in Europe and the Americas which succeeds, in different ways, at decoupling the absolute discretion of states to regulate border control from the substantive rights of irregular migrants nce present in a host state.
Biber, K 2007, 'Book Review - 'Framed: Women in Law and Film' by Orit Kamir', Australian Feminist Studies, vol. 22, pp. 413-414.
Biber, K 2007, 'Book review: "Framed: Women in Law and Film"', Australian Feminist Studies, vol. 22, no. 54, pp. 413-414.
Biber, K 2007, 'Looking and knowing: Jurors and photographic evidence', Reform, vol. 90, no. Winter 2007, pp. 24-26.
For decades the international community has conducted a delicate and politically charged balancing act trying to reconcile the inexorable increase in refugees-and the need to find permanent homes for them with the fundamental right of all countries to have secure frontiers. While the notion of non-refoulement remains fundamental to the treatment of asylum seekers, their rights vis A vis the states in which they seek asylum are significantly circumscribed by their alien status. States have a right to control entry to their territories. In the development of asylum law and policy, the central difficulty for states, and indeed the international community, is how to construct an appropriate balance between the urgent humanitarian demands to protect those who are genuinely in need of asylum, and the exclusion of those who do not qualify for humanitarian protection.
Booth, T 2007, 'Penalty, harm and the community: what role now for victim impact statements in sentencing homicide offenders in NSW?', The University of New South Wales Law Journal, vol. 30, no. 3, pp. 664-685.
This article explores the role of victim impact statements from family victims in sentencing homicide offenders in NSW in the light of the combined effect of ss 3A(g) and 28(4)(b) of the Crimes (Senetencing Procedure) Act 1999 (NSW) and the different approaches of other common law jurisdictions.
This article explores the contentious role of VIS from family victims in sentencing homicide offenders in NSW. Sentencing Courts in NSW do not take such victim impact evidence into account in sentencing and the issue is whether changes to the Crimes (Sentencing Procedure) Act 1999 (NSW) have the result that VIS from family victims are relevant to sentencing.
Burn, JM 2007, 'Australian Trafficking Visas: 15 recomendations to better protect victims of human trafficking.', Immigration Review, vol. 35, pp. 7-12.
Burn, JM 2007, 'Refugees, asylum seekers and human trafficking: Expanding the role of the UNHCR.', Immigration Review, vol. 35, pp. 4-7.
Carney, T, Ramia, G & Chapman, A 2007, 'Comparativism, the labour-social policy nexus and intra-national analysis: a case study', POLICY AND POLITICS, vol. 35, no. 2, pp. 233-250.
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Carney, T, Tait, D & Touyz, S 2007, 'Coercion is coercion? Reflections on trends in the use of compulsion in treating anorexia nervosa', AUSTRALASIAN PSYCHIATRY, vol. 15, no. 5, pp. 390-395.
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Castle, D & Ries, NA 2007, 'Ethical, legal and social issues in nutrigenomics: The challenges of regulating service delivery and building health professional capacity', MUTATION RESEARCH-FUNDAMENTAL AND MOLECULAR MECHANISMS OF MUTAGENESIS, vol. 622, no. 1-2, pp. 138-143.
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Crofts, P 2007, 'Brothels and Disorderly Acts', Public Space: The Journal of Law and Social Justice, vol. 1, no. 1, pp. 1-39.
Crofts, P 2007, 'Of public space: my island home', Public Space: The Journal of Law and Social Justice, vol. 1, no. 1, pp. 1-4.
The Brothels Legislation Amendment Act 2007 (NSW) was passed by the New South Wales Parliament to expedite the closure of disorderly and unlawful brothels. This article details the enforcement regime introduced by the Act and then considers the reasons for these reforms. The author argues that the reforms are not aimed at tangible, negative impacts, but instead at unlawfulness and disorderliness. The author concludes by suggesting that rather than the current approach of harsh expulsion and exclusion, the government could better achieve law and order through legalisation and regulation
Dorsett, SG 2007, 'Foreword Special Edition of the VUWLR on Salmond', VUWLR.
This comment considers a recent decision of the Supreme Court of New Zealand on the fiduciary duties owed by prospective joint venturers. As one of the first cases concerning equity heard by the new court, it provides an interesting insight into the possible approach of the court to this area of law. The comment first looks to the imposition of liability and examines the different approaches taken by the court, focusing on the problems of imposing liability in early pre-contractual joint venture cases. The comment then considers the impact these problems may have had on remedy, highlighting the remedial flexibility which characterises equity jurisdiction in New Zealand. In September 2006 the Supreme Court of New Zealand handed down its judgment in Chirnside v Fay, a case concerning the nature of the obligations between joint venturers and attendant remedies for breach of fiduciary duty.1 Those interested in equity matters may remember that the 2004 Court of Appeal decision in Chirnside attracted some attention, most notably for the courts somewhat controversial application of a loss of chance analysis to the calculation of quantum.2 The Supreme Court decision, therefore, was eagerly awaited to see whether that court would uphold such an analysis or substitute a more orthodox approach. Chirnside v Fay is one of the first cases determined by the new Supreme Court which falls squarely within the area of equity.3 Chirnside v Fay was, therefore, a chance to gauge that courts likely approach to equity jurisdiction and no better case could be found than one whose subject matter lies at the heart of equity: the fiduciary obligation.
Goldblatt, BA & Pantazis, A 2007, 'Special Issue: Sexuality and the Law', South African Journal on Human Rights, vol. 23, no. 3.
Gould, KC 2007, 'The more things change, the more they stay the same... or do they?', Media and Arts Law Review, vol. 12, no. 1, pp. 29-64.
Greenleaf, GW, Chung, PT & Mowbray, AS 2007, 'Challenges in improving access to Asian laws: the Asian Legal Information Institute (AsianLII)', Australian Journal of Asian Law, vol. 9, no. 1, pp. 152-175.
This article discusses the challenges involved in building the Asian Legal Information Institute (AsianLII), a free access legal research facility developed by the Australian Legal Information Institute - AustLII - in conjunction with partners in various Asian countries. The focus is on dealing with a region of such linguistic diversity and on the rationale and technical features of AsianLII as well as issues of approaches to partnerships, migration of technology and content control, and sustainability. The article explains that, while the data aggregation on which AsianLII is based has been assisted by the copyright laws of the region and by a centralised approach, the sustainability of AsianLII depends on partnerships and decentralisation. Similarly, while English language materials have been the best startingpoint to develop the system, a multi-bilingual approach will be necessary for its longer term development.
Hawes, C 2007, 'Interpreting the PRC Company Law through the Lens of Chinese Political and Corporate Culture', The University of New South Wales Law Journal, vol. 13, no. 2, pp. 36-42.
Hawes, C & Chiu, T 2007, 'Foreign Strategic Investors in the Chinese Banking Market: Cultural Shift or Business as Usual?', Banking and Finance Law Review, vol. 22, no. 2, pp. 203-237.
Provides discussion and insight into issues and problems which confront both the legal and financial communities in Canada. Information is arranged in four sections: articles, commentaries on recent developments in banking in Canada and internationally, case notes and books reviews.
Hitchens, L 2007, 'Australian Media Reform - Discerning the Policy', UNSW Law Journal Forum, vol. 13, no. 1, pp. 26-32.
Hitchens, LP 2007, 'Australian Media Reform - Discerning the Policy', The University of New South Wales Law Journal, vol. 13, no. 1, pp. 246-257.
Holland, G 2007, 'Science or Security: The Future of the Free Flow of Scientific Information in the Age of Terror', Journal of Law and Information Science, vol. 16, no. 1, pp. 51-75.
Politically or ideologically motivated speech has been the primary focus of much of the recent political, legal, and academic debate on restrictions on speech imposed as a reaction to perceived threats to national and international security. However, restrictions imposed on informing speech as a response to the threat of terrorism raise equally serious concerns. The development of the body of knowledge relies on the free flow of information, including persuasive speech. Since the terrorist attacks of September 11 and the subsequent anthrax attacks in the US, the issue of censorship of scientific information has been subject of debate in both government and scientific circles.
Johns, F 2007, 'Editorial- Changing Horses in mid-stream- Introducing the New Editor for Online Currents', Online Currents, vol. 22, no. 1, pp. 5-8.
Johns, F 2007, 'Open Access publishing--Reclaiming the Information Commons', Online Currents, vol. 22, no. 2, pp. 44-52.
Instances where preimplantation genetic diagnosis (PGD) is used to select an embryo for the presence of a particular disease or disability - the child would share characteristics with the parent - in Australia there appears to be consensus that PGD should only be used to select against serious disability - how we define disability - ethical issues surrounding "negative enhancement".
Kirkby, D 2007, ''Honorary chinese'? Women citizens, whiteness and labour legislation in the early Australian commonwealth', Social Identities, vol. 13, no. 6, pp. 801-818.
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With a focus on the early Australian commonwealth where progressive labour laws, the enfranchisement of white women and the exclusion of indigenous people from citizenship coincided with immigration restrictions based on racial identity, this paper explores what Adolph Reed has described as 'the shifting role of racial hierarchy as a technology of civic status that in constraining or affirming legal and unofficial citizenship rights and prerogatives is a component of the larger political and economic framework'. In 1901 Australia shaped itself as a new commonwealth in self-consciously racial terms through the passage of restrictive immigration legislation creating a White Australia. The new nation also identified itself as a social laboratory of progressive reforms of which labour market protection, minimum wages and the extension of political citizenship were an integral part. However, constructing whiteness extended beyond immigration restriction. The connections between women's political status, the restrictions on their right to work in certain occupations, and the construction of whiteness was explicit and direct. This article traces this idea through restrictions imposed on the labour market participation of women in the licensed hotel trade.
Kirkby, D 2007, ''Ocker sheilahs' and 'Bloody barmaids" - Caddie, biography and gender history in 1970s Australian historical film', AUSTRALIAN HISTORICAL STUDIES, vol. 38, no. 130, pp. 279-295.
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Lau, AK, Young, AL & Li, G 2007, 'Rethinking Corporate Governance and Law in China: The Theories, rules and Practices', Compliance and Regulatory Journal, vol. June 2007, no. 2, pp. 60-69.
Hailing China as a rising economic giant is not an understatement. Economic reforms have transformed China into a modern economy rivalling the neighbouring Asian tiger economies like South Korean and Taiwan. This requires greater emphasis on regulating markets and governing corporations to ensure economic growth continues. Yet, legal reforms are not as straightforward as transplanting Western models, more modification to suit Chinese political and cultural considerations needs to be incorporated. Likewise, privatisation of the telecommunications sector does not mean that government influence in the new corporations cease. This is not necessarily negative, as long as safeguards are in place. Plainly, further reforms to the law and governance will be needed. Given that Confuciuss philosophy continues to play a central role in Chinese society and values, developing laws and governance practices from Confucian principles will arguably be appropriate for modern China.
Leary, DK 2007, 'Biotechnology and International Law, edited by Francesco Francioni and Tulio Scovazzi', Review of European Community and International Environmental Law, vol. 16, no. 2, pp. 247-248.
Leary, DK 2007, 'Faces in the Street: Louisa and Henry Lawson and the Castlereagh Street Push, by Pip Wilson', Law Society Journal, vol. 45, no. 9, pp. 93-93.
Leary, DK 2007, 'Natural Resource Management and Conservation - Fisheries and Marine Mammals', Yearbook of International Environmental Law, vol. 16, no. 2005, pp. 470-487.
Lee, K 2007, 'Public Engagement and the Installation of Wireless Facilities Exempt from Local Planning Requirements', Local Government Law Journal, vol. 13, pp. 131-160.
Lenta, P 2007, 'Deterrence and capital punishment', SA Publiekreg= SA Public Law, vol. 22, pp. 385-404.
Lenta, P 2007, 'Muslim Headscarves in the Workplace and in Schools', South African Law Journal, vol. 124, pp. 296-319.
Lenta, P 2007, 'The literary judge', Stellenbosch Law Review= Stellenbosch Regstydskrif, vol. 18, pp. 313-330.
Li, G & Zhang, X 2007, 'The Enlightenment from the Australia Supervision Reform in the Telecommunication Industry for China', A Symposium on Economic Law, vol. 4, no. 1, pp. 665-681.
This article considers whether international law, which by its nature is universal and general, can contribute effectively to the establishment of standards and monitoring mechanisms which respond to local and concrete problems experienced by indigenous children? Two related questions are considered. Can culturally diverse standards of conduct be judged against universal standards developed (with their ontology) in a western institutional context, and can collective and group values be accommodated in an individual human rights framework?
Guest editorial for 25th anniversary edition of Inigenous Law Bulletin
This article discusses changes needed to current child welfare systems to make them more effective in Indigenous communities
Liebenberg, S & Goldblatt, BA 2007, 'The Interrelationship Between Equality and Socio-Economic Rights Under South Africa's Transformative Constitution', South African Journal on Human Rights, vol. 23, no. 2, pp. 335-361.
M, SS, Elliott, W, Pisupati, B, Leary, DK & Okada, Y 2007, 'Symposium: "Biodiversity and Climate Change"', Environmental Policy and Law, vol. 37, no. 5, pp. 422-424.
Millbank, J & Graycar, R 2007, 'From Functional Family To Spinster Sisters: Australia's Distinctive Path To Relationship Recognition', Washington University Journal of Law and Policy, vol. 24, no. 1, pp. 121-164.
Mowbray, AS, Greenleaf, GW, Chung, PT & Austin, DK 2007, 'Improving stability and performance of an international network of free access legal information systems', Journal of Information Law and Technology, vol. 2, pp. 1-8.
High quality legal research must increasingly be global and comparative. This is hindered by the limited range of countries laws covered by the centralized systems of the multinational commercial legal publishers and by the costs of accessing their materials. Networking of online legal information by commercial legal publishers goes back to the 1970s. Over the last decade a global decentralised network of Legal Information Institutes (or LIIs) has emerged, providing free access to legal information which is comparable with and sometimes better than the commercial providers. Australias LII - AustLII, has been a lead player, and created and runs the World Legal Information Institute (WorldLII), the principal interface into the shared LII legal data. The ad-hoc nature of the technical networking between the dozen existing LIIs means that the effective utilisation of this shared infrastructure has previously been sub-optimal and increasingly fragile. This has been exacerbated by the networks constant expansion. This paper outlines an initiative funded by the Australian Research Councils E-Research programme to address these problems by building a flexible generic set of tools to support and enhance access to WorldLII and more generally, any network of geographically distributed set of web-based systems.
O'Connell, K 2007, ''We Who Are Not Here': Law, Whiteness, Indigenous Peoples and the Promise of Genetic Identification', International Journal of Law in Context, vol. 3, no. 1, pp. 35-58.
In contemporary law, genetic technologies of the body have provided a new layer of complexity to legal determinations of racial identity. Indigenous peoples in particular are often forced to present themselves before law as invisible peoples requesting embodiment, possessing no set identity and requiring a legal determination of their status. In return for their participation in genetic research indigenous peoples have been promised, amongst other things, a reliable identification that would make them visible as indigenous before the law. This article examines genetic and non-genetic approaches to identifying indigenous peoples through a case study of Australian law and argues that while genetic technologies may have little to offer indigenous populations they do hold out the possibility of making visible to whites and white institutions their own obscured racial identity.
Olliffe, BM & Stuhmcke, AG 2007, 'A National University Grievance Handlers? Transporting the UK Office of the Independent Adjudicator for Higher Education (OIA) to Australia', Journal of Higher Education Policy and Management, vol. 29, no. 2, pp. 203-215.
Complaints made to external agencies about Australian universities are rising in both number and complexity. Recent debate has therefore focused upon how to improve grievance handling in the Australian higher education sector. One suggested "solution" is the creation of a national Australian university ombudsman. The UK has recently introduced such a national student complaint body--the Office of the Independent Adjudicator for Higher Education (OIA), a "world first". This paper examines the structure and operation of the OIA and highlights the advantages and pitfalls of introducing an equivalent office into the Australian higher education sector. It argues that, on balance, there are advantages in a national university ombudsman.
This article examines how the legislative regulation of outwork has survived the federal takeover of labour law. Outwork regulation has survived both the Workplace Relations Amendment (Work Choices) Act 2005 (Cth) the first component of this federal takeover and also the second component, in the form of the Independent Contractors Act 2006 (Cth). The article begins by briefly examining the phenomenon of outworkers in the context of state-based regulatory schemes regulating outwork prior to these latest federal legislative developments. The article then analyses in more detail the impact of the federal takeover on legislation regulating outwork, particularly the impact on pre-existing state-based outwork statutory schemes. This analysis highlights the retention of crucial state and federal outworker protections. The preservation of legislative outworker protections is contrasted with the fate of many other forms of workplace regulation. The article concludes that the development of outwork regulation is instructive for future directions in the regulation of both outsourced work and work otherwise performed off-site
Ries, N 2007, 'Food, Fat and the Law: A Comment on Trans Fat Bans and Public Health', Windsor Review of Legal and Social Issues, vol. 23, pp. 15-26.
Ries, N 2007, 'Growing Up as a Research Subject: Ethical and Legal Issues in Birth Cohort Studies Involving Genetic Research', Health Law Journal, pp. 1-41.
Riley, J 2007, 'Election 2007: Industrial Relations Policy', Australian Review of Public Affairs, vol. September 2007, pp. 1-5.
Riley, J 2007, 'Employing Minors in New South Wales: The Industrial Relations (Child Employment) Act 2006 (NSW)', Australian Journal of Labour Law, vol. 20, no. 3, pp. 295-301.
Riley, J & Stewart, A 2007, 'Working Around Work Choices: Collective Bargaining and the Common Law', Melbourne University Law Review, vol. 31, no. 3, pp. 903-937.
Russo, CJ, Varnham, S & Squelch, J 2007, 'Safety and Student Searches in Schools in USA, New Zealand and Australia', Education Law Journal, vol. 8, no. 1, pp. 26-39.
The common law has historically been clear - the rights of the unborn do not exist prior to birth. A child becomes a legal person and able to enforce legal rights upon being born alive and having a separate existence from her or his mother. This article assesses whether new developments in biomedical technologies have left this legal principle inviolate and explores what the state of law is in relation to pre-birth. It argues that there is a pre-birth continuum where the law punctuates points in a lineal timeline fashion as to when a pre-birth "non-entity" becomes a legal entity. The article concludes that there is no singular rule of law with respect to being or becoming a human but rather a collection of discrete and increasingly divergent legal categories. This recognition of a pre-birth continuum or timeline as to the legal recognition of this "non-entity" has significant ramifications for the future development of law and impacts on legal thinking about what it means to be human.
Stoianoff, NP 2007, 'Convergence, Coercion and Counterfeiting, Intellectual Property Rights Enforcement in The People's Republic of China', Macquarie Journal of Business Law, vol. 4, pp. 245-265.
despite the presence of excellent laws on the books, the enforcement and protection of [intellectual property rights] in China fall well below that provided for in its domestic laws and mandated by those international agreements to which China is a party.
Stuhmcke, AG 2007, 'How good is private justice?', LIJ: Law Institute Journal, vol. 81, no. 6, pp. 6-7.
Should the Commonwealth Ombudsman be part of a fourth integrity arm of Federal government? The article examines recent immigration cases determined by the Ombudsman to 'test' the extent to which the role now transcends the individual complainant contributing to the improvement of overall government administrative integrity
Varnham, S 2007, 'The Law of Higher Education', Australia and New Zealand Journal of Law and Education, vol. 12, no. 1, pp. 109-112.
Vijeyarasa, R 2007, 'Facing Australia’s history: Truth and reconciliation for the stolen generations', Sur : International Journal on Human Rights, vol. 7, no. 4, pp. 127-150.
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Vrdoljak, AF 2007, 'Intentional Destruction of Cultural Heritage and International Law', Thesaurus Acroasium, vol. 35, pp. 377-396.
China is an emerging economic powerhouse in the 21st century. Two decades of economic reforms have transformed China from a centrally planned system into a rapidly expanding economy with double digit growth rates. Yet there are a number of challenges, Chen notes that: ââ[I]t is unrealistic to expect that in the next twenty years China will become like Japan - which has thrived through its adoption of American-ledWestern capitalism. Instead, it is likely that the PRC will take a few decades to find a balance between Western free-market enterprise and the historical influences of communism, nationalism, and onfucianism.ââ1 In comparison, law reforms have been less straightforward. Amending existing laws and enacting new laws are not sufficient to meet the mounting demands of rapidly growing businesses in China competing on a global scale. Problems like the lack of clarity and inconsistent legislative provisions are common in Chinese business laws. More important, many laws resemble a ââpiece mealââ endeavour or a ââpatchyââ attempt to enact effective and efficient regulations. Given that Chinese legislators transplant laws from developed Western nations and modified them to satisfy domestic political agendas, the outcomes would be wishful thinking at best. Corporate governance is an alien concept for China. Therefore it is understandable that legislators look towards developed Western nationsâ governance laws and codes as benchmarks for China. However, the recently enacted laws appeared to be riddled with inconsistencies. Moreover governance practices have deviated from the adopted models due to the ideological and cultural differences between China and Western countries. It is under this prevailing state of affairs that this article will attempt to examine the contextual influences as well as the key elements in shaping Chinese corporate governance laws and practices in the post-privatised telecommunications sector.
Alexander, IJ 2005, 'The lord chancellor, the poets and the courtesan: public morality and copyright law in the early nineteenth century', Law in the City: Proceedings of the Seventeenth British Legal History Conference, London, 2005, The Seventeenth British Legal History Conference, Four Courts Press, London, pp. 230-248.
Anthony, T 2007, 'Diminishment of rights: Northern Territory and Cape York Indigenous Welfare Models', Australian Institute of Aboriginal and Torres Strait Islander Studies Conference, Australian National University.
Anthony, T 2007, 'History wars and implications for native title', Express, SUPRA Postgraduate Conference, Sydney University Postgraduate Representative Association, University of Sydney, pp. 16-17.
Anthony, T 2007, 'Legal Remedies for Stolen Indigenous Wages', Faculty of Law Lunch Seminar, University of Sydney.
Anthony, T 2009, 'Recent Policy Applications of Indigenous Difference', AIATSIS, Canberra.
Anthony, T 2007, 'Sir William Blackstone's feudal force in colonial settings', William Blackstone(1723-1780):Life, Thought, Influence Conference, University of Adelaide.
Anthony, T 2007, 'Stolen wages: the long wait for Northern Territory Indigenous workers', Koori Centre Lectures, University of Sydney.
Booth, T 2007, 'Victim preparation in Sentencing Homicide Offenders in NSW: a Decivilising Trend?', Disciplines and Punishments: Interdisciplinary Approaches to Crime and Justice, UNSW, Kensington, NSW.
Dorsett, SG 2007, '"New Quilts from Old Rags": The Status of Indigenous Peoples in Colonial New South Wales', 18th British Legal History Association Conference, Oxford, Oxford.
Fallah, KL 2007, 'At War with the Rule of Law: Guantánamo, Iraq and Legal Black Holes', Racism, Guantanamo Bay and the War on Terror, University of Sydney, Australia.
Fallah, KL 2007, 'Regulating Private Security Contractors in Armed Conflict: International Humanitarian Law and the Principle of Distinction', Conference on the Regulation of the Private Security Sector in Africa, Institute for Security Studies, Pretoria, South Africa.
Hitchens, LP 2007, 'Rethinking Content in a Converged Media Environment', Society of Legal Scholars Conference, Durham, UK.
Leary, DK 2007, 'Lessons from the Arctic: The power of the Arctic experience to shape environmental governance in the Antarctic', Knowledge and Power in the Arctic, University of Lapland, Arctic Centre, Rovaniemi, pp. 43-50.
Stoianoff, NP 2007, 'Economic Incentives for Ecological Gifts: A comparison of conservation covenant incentives in Australia and Canada', 19th Annual Australasian Tax Teachers Association Conference, TC Bernie School of Law, University of Queensland.
Stoianoff, NP 2007, 'Environmental Fiscal Instruments and the Development of the Environmental Management Services Industry in Australia', Eighth Annual Global Conference on Environmental Tax, Munich, Germany.
Varnham, S 2007, 'Keeping Them Connected: Restorative Justice in Schools in Australia and New Zealand', Socio-Legal Studies Association Annual Conference, Annual Conference of Socio-Legal Studies Association, SLSA, Canterbury, UK.
Varnham, S 2007, 'Restorative Practices in Schools in Australia and New Zealand: keeping"troublemakers" in school and keeping schools safe - a contradiction?', 5th Commonwealth Education Law Conference, Critical Issues in Education Law and Policy, LexisNexis, Williamsburg, Virginia, US.
Varnham, S & Kamvounias, P 2007, 'Student v University - seldom successful and often unbecoming: The accountability of Higher Education institutions in External Tribunals', Annual Conference of the Education Law Association, US, Annual Conference of Education Law Association, Education Law Association, San Diego, US.
Varnham, S, Squelch, J & Russo, C 2007, 'Funding of Private Schools: exploring a controversial issue in the United States, New Zealand and Australia', Contention and Controversy in Education Law, Annual Conference of the Australia and New Zealand Education Law Association, Australia and New Zealand Education Law Association, Hervey Bay, Queensland, Australia.
Wangmann, JM 2007, ''Canada Steps Forward:Reparations for the Removal of Indigenous Children from their Families and Culture'.', National Community Legal Centres Conference, Brisbane.
Wangmann, JM 2007, ''Integration: What does it mean? And more importantly what does it mean for victims of domestic violence?'.', Integrated Responses to Domestic Violence Forum, NSW Parliament House,Sydney.
Cantley-Smith, R, Hodge, G & Bowman, D Research Publications 2007, Where is the Consumer? The Implications of Legislative & Regulatory Reforms in the National Electricity Market for Australian Consumers, Melbourne.
Schofield-Georgeson, E & Williams, G NSW Department of Commerce 2007, Submission on behalf of the NSW Industrial Relations Commission to the Inquiry into Options for a New National Industrial Relations System, Working Together: Inquiry into Options for a New National Industrial Relations System.
Vierros, M, Hamon, G, Leary, DK, Arico, S & Monagle, C United Nations University, Institute of Advanced Studies; UNESCO 2007, An Update on Marine Genetic Resources: Scientific Research, Commercial Uses and a Database on Marine Bioprospecting, New York.
Vogl, A Women’s Legal Services 2007, A Long Way to Equal: An Update of ‘Quarter Way to Equal: A Report on Barriers to Access to Legal Services for Migrant Women, Sydney.