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  Subjects -> LAW (Total: 1352 journals)
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LAW (779 journals)                  1 2 3 4 | Last

Showing 1 - 200 of 354 Journals sorted alphabetically
ABA Journal Magazine     Full-text available via subscription   (Followers: 23)
Acta Juridica     Full-text available via subscription   (Followers: 7)
Acta Politica     Hybrid Journal   (Followers: 14)
Acta Universitatis Danubius. Juridica     Open Access  
Actualidad Jurídica Ambiental     Open Access   (Followers: 1)
Adelaide Law Review     Full-text available via subscription   (Followers: 20)
Administrative Law Review     Open Access   (Followers: 43)
Aegean Review of the Law of the Sea and Maritime Law     Hybrid Journal   (Followers: 6)
African Journal of Legal Studies     Hybrid Journal   (Followers: 8)
African Journal on Conflict Resolution     Open Access   (Followers: 19)
Afrilex     Open Access   (Followers: 5)
Air and Space Law     Full-text available via subscription   (Followers: 20)
Akron Law Review     Open Access   (Followers: 4)
Al 'Adalah : Jurnal Hukum Islam     Open Access  
Al-Ahkam     Open Access   (Followers: 1)
Alaska Law Review     Open Access   (Followers: 8)
Albany Law Review     Free   (Followers: 5)
Alberta Law Review     Full-text available via subscription   (Followers: 13)
Alternative Law Journal     Hybrid Journal   (Followers: 8)
Alternatives : Global, Local, Political     Hybrid Journal   (Followers: 12)
Amazon's Research and Environmental Law     Open Access   (Followers: 4)
American Journal of Comparative Law     Full-text available via subscription   (Followers: 56)
American Journal of Jurisprudence     Hybrid Journal   (Followers: 18)
American Journal of Law & Medicine     Full-text available via subscription   (Followers: 11)
American Journal of Legal History     Full-text available via subscription   (Followers: 8)
American Journal of Trial Advocacy     Full-text available via subscription   (Followers: 7)
American University Law Review     Open Access   (Followers: 10)
American University National Security Law Brief     Open Access   (Followers: 8)
Amicus Curiae     Open Access   (Followers: 6)
Amsterdam Law Forum     Open Access   (Followers: 8)
Anales de la Cátedra Francisco Suárez     Open Access  
Annales Canonici     Open Access   (Followers: 1)
Annals of the Faculty of Law in Belgrade - Belgrade Law Review     Open Access  
Anuario da Facultade de Dereito da Universidade da Coruña     Open Access  
Anuario de Psicología Jurídica     Open Access   (Followers: 1)
ANZSLA Commentator, The     Full-text available via subscription   (Followers: 3)
Appeal : Review of Current Law and Law Reform     Open Access   (Followers: 1)
Arbitration Law Monthly     Full-text available via subscription   (Followers: 3)
Arbitration Law Reports and Review     Hybrid Journal   (Followers: 14)
Arctic Review on Law and Politics     Open Access   (Followers: 1)
Arena Hukum     Open Access  
Argumenta Journal Law     Open Access   (Followers: 1)
Arizona Law Review     Open Access   (Followers: 5)
Arizona State Law Journal     Free   (Followers: 3)
Arkansas Law Review     Free   (Followers: 6)
Ars Aequi Maandblad     Full-text available via subscription   (Followers: 3)
Art + Law     Full-text available via subscription   (Followers: 12)
Article 40     Open Access   (Followers: 2)
Artificial Intelligence and Law     Hybrid Journal   (Followers: 11)
ASAS : Jurnal Hukum dan Ekonomi Islam     Open Access  
Asia-Pacific Journal of Ocean Law and Policy     Hybrid Journal  
Asian American Law Journal     Open Access   (Followers: 3)
Asian Journal of Law and Society     Hybrid Journal   (Followers: 7)
Asian Journal of Legal Education     Full-text available via subscription   (Followers: 5)
AStA Wirtschafts- und Sozialstatistisches Archiv     Hybrid Journal   (Followers: 5)
Asy-Syir'ah : Jurnal Ilmu Syari'ah dan Hukum     Open Access  
Australasian Law Management Journal     Full-text available via subscription   (Followers: 7)
Australian and New Zealand Sports Law Journal     Full-text available via subscription   (Followers: 8)
Australian Feminist Law Journal     Hybrid Journal   (Followers: 11)
Australian Indigenous Law Review     Full-text available via subscription   (Followers: 20)
Australian Journal of Legal History     Full-text available via subscription   (Followers: 14)
Ave Maria Law Review     Free   (Followers: 3)
Badamai Law Journal     Open Access   (Followers: 2)
Ballot     Open Access  
Baltic Journal of Law & Politics     Open Access   (Followers: 6)
Bar News: The Journal of the NSW Bar Association     Full-text available via subscription   (Followers: 6)
Behavioral Sciences & the Law     Hybrid Journal   (Followers: 26)
Beijing Law Review     Open Access   (Followers: 5)
Berkeley Journal of Entertainment and Sports Law     Open Access   (Followers: 5)
Berkeley Technology Law Journal     Free   (Followers: 12)
Bioethics Research Notes     Full-text available via subscription   (Followers: 14)
Boletín de la Asociación Internacional de Derecho Cooperativo     Open Access  
Bond Law Review     Open Access   (Followers: 18)
Boston College Environmental Affairs Law Review     Open Access   (Followers: 7)
Boston College Journal of Law & Social Justice     Open Access   (Followers: 11)
Boston College Law Review     Open Access   (Followers: 16)
Boston University Law Review     Free   (Followers: 11)
BRICS Law Journal     Open Access   (Followers: 1)
Brigham Young University Journal of Public Law     Open Access   (Followers: 8)
Brigham Young University Law Review     Full-text available via subscription   (Followers: 7)
British Journal of American Legal Studies     Open Access   (Followers: 1)
Brooklyn Law Review     Open Access   (Followers: 4)
Bulletin of Legal Medicine     Open Access  
Bulletin of Medieval Canon Law     Full-text available via subscription   (Followers: 3)
Business and Human Rights Journal     Full-text available via subscription   (Followers: 3)
C@hiers du CRHIDI     Open Access  
Cadernos de Dereito Actual     Open Access   (Followers: 1)
Cadernos de Informação Jurídica     Open Access  
Cadernos do Programa de Pós-Graduação em Direito - PPGDir./UFRGS     Open Access   (Followers: 1)
Cadernos Ibero-Americanos de Direito Sanitário     Open Access  
Cahiers, Droit, Sciences et Technologies     Open Access  
California Law Review     Open Access   (Followers: 19)
California Lawyer     Free  
California Western Law Review     Open Access   (Followers: 3)
Cambridge Law Journal     Hybrid Journal   (Followers: 164)
Campbell Law Review     Open Access   (Followers: 4)
Campus Legal Advisor     Hybrid Journal   (Followers: 2)
Canadian Journal of Law & Jurisprudence     Full-text available via subscription   (Followers: 10)
Canadian Journal of Law and Society     Hybrid Journal   (Followers: 20)
Case Western Reserve Law Review     Open Access   (Followers: 2)
Časopis pro právní vědu a praxi     Open Access  
Catalyst : A Social Justice Forum     Open Access   (Followers: 9)
Catholic University Law Review     Open Access   (Followers: 3)
Chicago-Kent Law Review     Full-text available via subscription   (Followers: 4)
China : An International Journal     Full-text available via subscription   (Followers: 18)
China-EU Law Journal     Hybrid Journal   (Followers: 6)
Chinese Journal of Comparative Law     Hybrid Journal   (Followers: 4)
Chinese Law & Government     Full-text available via subscription   (Followers: 8)
Cleveland State Law Review     Free   (Followers: 2)
College Athletics and The Law     Hybrid Journal   (Followers: 1)
Colombia Forense     Open Access  
Columbia Journal of Environmental Law     Free   (Followers: 10)
Columbia Journal of Law and Social Problems     Full-text available via subscription   (Followers: 15)
Columbia Law Review (Sidebar)     Open Access   (Followers: 17)
Commercial Law Quarterly: The Journal of the Commercial Law Association of Australia     Full-text available via subscription   (Followers: 5)
Comparative Law Review     Open Access   (Followers: 38)
Comparative Legal History     Full-text available via subscription   (Followers: 7)
Con-texto     Open Access  
Conflict Resolution Quarterly     Hybrid Journal   (Followers: 30)
Conflict Trends     Full-text available via subscription   (Followers: 12)
Cornell Law Review     Open Access   (Followers: 11)
Criterio Jurídico     Open Access  
Critical Analysis of Law : An International & Interdisciplinary Law Review     Open Access   (Followers: 5)
Cuadernos de Historia del Derecho     Open Access   (Followers: 7)
Cuestiones Juridicas     Open Access   (Followers: 2)
Current Legal Problems     Hybrid Journal   (Followers: 27)
Danube     Open Access   (Followers: 2)
De Jure     Open Access   (Followers: 1)
De Rebus     Full-text available via subscription   (Followers: 1)
Deakin Law Review     Full-text available via subscription   (Followers: 15)
Debater a Europa     Open Access  
Defense Counsel Journal     Full-text available via subscription   (Followers: 1)
Democrazia e diritto     Full-text available via subscription   (Followers: 2)
Denning Law Journal     Full-text available via subscription   (Followers: 6)
DePaul Journal of Women, Gender and the Law     Open Access   (Followers: 3)
DePaul Law Review     Open Access   (Followers: 3)
Der Staat     Full-text available via subscription   (Followers: 14)
Derecho Animal. Forum of Animal Law Studies     Open Access  
Derecho PUCP     Open Access   (Followers: 4)
Derecho y Ciencias Sociales     Open Access   (Followers: 3)
Derechos en Acción     Open Access  
Dicle Üniversitesi Hukuk Fakültesi Dergisi     Open Access  
Die Verwaltung     Full-text available via subscription   (Followers: 10)
Dikaion     Open Access   (Followers: 1)
Dike     Open Access  
Diké : Revista Jurídica     Open Access  
Direito e Desenvolvimento     Open Access   (Followers: 1)
Direito e Liberdade     Open Access  
Diritto penale contemporaneo     Free   (Followers: 2)
Diritto, immigrazione e cittadinanza     Open Access   (Followers: 4)
Dixi     Open Access  
Droit et Cultures     Open Access   (Followers: 7)
Droit et Médecine Bucco-Dentaire     Full-text available via subscription   (Followers: 1)
Droit, Déontologie & Soin     Full-text available via subscription   (Followers: 2)
Drug Science, Policy and Law     Full-text available via subscription  
Duke Environmental Law & Policy Forum     Open Access   (Followers: 5)
Duke Forum for Law & Social Change     Open Access   (Followers: 5)
Duke Journal of Gender Law & Policy     Open Access   (Followers: 15)
Duke Law & Technology Review     Open Access   (Followers: 10)
Duke Law Journal     Open Access   (Followers: 25)
DULR Online     Open Access   (Followers: 1)
East Asia Law Review     Open Access   (Followers: 2)
ECI Interdisciplinary Journal for Legal and Social Policy     Open Access   (Followers: 2)
Ecology Law Quarterly     Free   (Followers: 4)
Edinburgh Law Review     Hybrid Journal   (Followers: 19)
Education and the Law     Hybrid Journal   (Followers: 12)
El Cotidiano     Open Access   (Followers: 1)
Election Law Journal     Hybrid Journal   (Followers: 24)
Energy Law Journal     Full-text available via subscription   (Followers: 5)
Environmental Justice     Hybrid Journal   (Followers: 9)
Environmental Law Review     Full-text available via subscription   (Followers: 22)
Environmental Policy and Law     Hybrid Journal   (Followers: 13)
ERA-Forum     Hybrid Journal   (Followers: 5)
Erasmus Law Review     Open Access  
Erciyes Üniversitesi Hukuk Fakültesi Dergisi     Open Access  
Espaço Jurídico : Journal of Law     Open Access   (Followers: 1)
ESR Review : Economic and Social Rights in South Africa     Open Access   (Followers: 3)
Ethnopolitics     Hybrid Journal   (Followers: 3)
Ethos: Official Publication of the Law Society of the Australian Capital Territory     Full-text available via subscription   (Followers: 5)
EU Agrarian Law     Open Access   (Followers: 4)
Europaisches Journal fur Minderheitenfragen     Hybrid Journal   (Followers: 2)
European Energy and Environmental Law Review     Full-text available via subscription   (Followers: 13)
European Journal for Education Law and Policy     Hybrid Journal   (Followers: 9)
European Journal of Comparative Law and Governance     Hybrid Journal   (Followers: 7)
European Journal of Law and Technology     Open Access   (Followers: 16)
European Journal of Psychology Applied to Legal Context     Open Access   (Followers: 5)
European Law Journal     Hybrid Journal   (Followers: 162)
European Public Law     Full-text available via subscription   (Followers: 36)
European Review of Contract Law     Hybrid Journal   (Followers: 24)
European Review of Private Law     Full-text available via subscription   (Followers: 32)
European Yearbook of Minority Issues Online     Hybrid Journal   (Followers: 5)
Evaluation Review     Hybrid Journal   (Followers: 9)
Evidence & Policy : A Journal of Research, Debate and Practice     Full-text available via subscription   (Followers: 12)
Faulkner Law Review     Full-text available via subscription   (Followers: 1)
Federal Communication Law Journal     Full-text available via subscription   (Followers: 2)
Federal Law Review     Full-text available via subscription   (Followers: 21)
Federal Probation     Full-text available via subscription   (Followers: 2)
Feminist Legal Studies     Hybrid Journal   (Followers: 14)
feminists@law     Open Access   (Followers: 4)
Fiat Justisia     Open Access  

        1 2 3 4 | Last

Journal Cover
Deakin Law Review
Number of Followers: 15  
 
  Full-text available via subscription Subscription journal
ISSN (Print) 1321-3660
Published by RMIT Publishing Homepage  [399 journals]
  • Volume 22 Future property and the Torrens system
    • Abstract: Anderson, Glen
      Since at least the seventeenth century, courts of equity have upheld the assignment of future property for valuable consideration. Despite this long lineage, however, there has been almost no scholarly analysis of how these principles might interact with the Torrens system. The present article addresses this deficiency. Generally, it argues that there are no reasons why principles of future property cannot be fully subsumed within the Torrens system.

      PubDate: Thu, 8 Feb 2018 16:37:41 GMT
       
  • Volume 22 The social construction of human rights legislation:
           Interpreting Victoria's statutes through their limitations
    • Abstract: Solomon, Russell
      Interpreting human rights statutes through their objectives encourages their description as empowering instruments with their hortatory language emphasising the potential of each instrument to protect and promote rights. This article examines Victoria's Equal Opportunity Act 2010 (Vic) and Charter of Rights and Responsibilities Act 2006 (Vic) through a different lens and argues that a focus on their limitations and derogations offers a better understanding of the nature and extent of the human rights protection that each purports to provide.

      These limitations are no mere peripheral encumbrances and help shape the rights protecting functions of each statute. This article adopts a social constructivist approach to explain how, as socially constructed instruments, the operation of the limitations reveals an ambivalent role for each statute. The design and functionality of each statute, with their self-limiting provisions, means that each acts to sustain as well as challenge the existing power relationships and social arrangements.

      PubDate: Thu, 8 Feb 2018 16:37:41 GMT
       
  • Volume 22 A contemporary analysis he application of sentencing factors in
           insider trading cases
    • Abstract: Wang, Jasmine Qiuyue
      Insider trading is a complex issue that involves both corporate and criminal law. Since the introduction of civil penalties, the Australian Securities and Investments Commission (ASIC) has only pursued one civil proceeding against insider trading. ASIC prefers criminal proceedings for their deterrent effects. This paper examines various features of Australian convicted insider trading cases from 2004 to the end of 2015 and provides a broad overview of the distribution of these cases. Further, this paper assesses the consistent application of sentencing factors and the determination of criminalities of different kinds of insider trading activities. Finally, this paper proposes renaming current insider trading laws to 'dealing with privileged information'.

      PubDate: Thu, 8 Feb 2018 16:37:41 GMT
       
  • Volume 22 Gender diversity as the antidote to 'groupthink' on corporate
           boards
    • Abstract: Kamalnath, Akshaya
      Gender diversity on corporate boards has become a point of emphasis, to the exclusion of all other forms of diversity. This paper analyses whether board gender diversity might help boards overcome groupthink (i.e. the failure of board members to consider alternatives to the dominant view when making decisions). This is a significant question because the board is reponsible for governance of the company and groupthink is often cited as a hurdle to effectively performing this role. Thus, the paper first examines the role of the board, board decision-making processes and the problem of groupthink, and subsequently, the potential of gender diversity to overcome groupthink. It concludes that gender diversity on corporate boards might help overcome groupthink so long as the women directors are also independent and bear 'outsider' status. However, other forms of diversity like race, education, tenure, professional background etcetera might offer the same benefits and thus should not be overlooked.

      PubDate: Thu, 8 Feb 2018 16:37:41 GMT
       
  • Volume 22 Kickstarting reconnection: An approach to legal problems arising
           from emerging technologies
    • Abstract: Manwaring, Kayleen
      A new model, or 'third wave', of computing is emerging, based on the widespread use of processors with data handling and communications capabilities embedded in a variety of objects and environments that were not previously computerised. Various terms have been used to describe this third wave, including 'ubiquitous' and 'pervasive' computing, 'ambient intelligence', the 'Internet of Things' and 'eObjects'. With the socio-technical change brought about by this third wave comes the possibility of a disconnection between the law and the new things, activities, and relationships enabled by this new model of computing. This disconnection may lead to legal problems of uncertainty, under- or over-inclusiveness of conduct in existing law, obsolescence, or the complete absence of laws regulating new behaviour. Early and rigorous identification and categorisation of legal problems is crucial for emerging technologies, to assist in avoiding two problems: the first being the stifling of beneficial innovation by over-regulation, the second the cementing of socially undesirable outcomes when vested interests are left too long unchecked. Although the technologies in the third wave are diverse, common attributes can be identified, and from examination of these attributes significant innovations are revealed. This paper examines these innovations to assist in identifying legal problems arising from the third wave.

      PubDate: Thu, 8 Feb 2018 16:37:41 GMT
       
  • Volume 22 China's financial regulations: Are other WTO members' concerns
           realistic or overcritical'
    • Abstract: Tao, Christina
      Since China's WTO accession it has been involved in four WTO disputes relating to financial services as the respondent, while other WTO Members remain concerned that China continues to limit access to foreign financial services and service suppliers. As other WTO Members' concerns could be either realistic or overcritical, this paper aims to explore whether there are any further inconsistencies in China's GATS obligations and financial regualtions. After reviewing all WTO Members' concerns on China's financial services, this paper examines the consistency of four frequently and constantly raised issues with the GATS agreement and China's WTO obligations. As a result, this paper finds that two regulations are inconsistent with Article XVI and Article XVII of the GATS: the 20 per cent cap on shareholding in a Chinese-funded bank by a single foreign financial institution, and the 1 million RMB minimum for foreign banks' local currency business. Further, China still has not complied with its transparency obligations under the Accession Protocol and Working Party Report. These findings are significant for the Chinese government as well as other WTO Members who already have or want to have close trade relations with China in financial services.

      PubDate: Thu, 8 Feb 2018 16:37:41 GMT
       
  • Volume 21 Issue 1 - 'To be, or not to be, a charity'' That is the
           question for prescribed bodies corporate under the Native Title Act
    • Abstract: Martin, Fiona
      This article evaluates the taxation concessions and other advantages that flow from being a charity and how these might apply to native title groups under the Native Title Act 1993 (Cth). Specifically, it examines the role of the Prescribed Body Corporate ('PBC') under the Native Title Act and the potential for, and limitations of, these bodies carrying on business, engaging in community development and accumulating funds whilst also having charitable status. The article examines the financial size and geographical status of current PBCs that have been identified as not being charities and analyses the potential benefits for these organisations if they become charities. It concludes with an evaluation of the disadvantages and disadvantages that charitable status would bring to these PBCs.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 21 Issue 1 - The Australian indigenous business exemption as a
           'special measure': Questions of effectiveness
    • Abstract: Storey, Matthew
      This article considers the issue of the requirements of establishing the Australian Commonwealth government's Indigenous preferential procurement program, the 'indigenous business exemption' as a special measure under Article 1.4 of the International Convention on the Elimination of All Forms of Racial Discrimination. It does this by, considering jurisprudence regarding special measures and other affirmative action programs from Australia and other jurisdictions, concluding that it is necessary to establish some evidential base to justify the establishment (in Australian law) and ongoing operation of such measures (in international law). The article then examines the effectiveness of procurement policies aimed at achieving secondary social objectives in addition to the primary procurement of government goods and services.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 21 Issue 1 - Moral rights: Exploring the myths, meanings and
           misunderstandings in Australian Copyright Law
    • Abstract: Cantatore, Francina; Johnston, Jane
      This article examines how moral rights are treated in Australian publishing contracts, and whether this approach is consistent with the expectations of authors, journalists and academics. Although, in theory, moral rights cannot be sold or assigned in Australia, the apparent wide scope for exceptions raises questions of whether there is any real protection afforded to creators under the Copyright Act 1968 (Cth), notably in circumstances that relate to pressure on creators to accept contractual terms in order to get published. Additionally, Australian case law reflects some uncertainty about the traditionally accepted non-economic nature of moral rights. The article examines recent case law in this field, found in Meskenas, Perez and Corby, and considers the literature associated with development of moral rights in Australia. It then presents the findings of a two-part study of moral rights in Australia; first through the results of interviews with 176 Australian authors, journalists and academics, followed by an analysis of 20 publishing contracts. It concludes that - in some, but not all, instances - a combination of the exceptions allowed under the Act and practical exigencies have diluted the unique character of authors' moral rights and have created an environment of uncertainty.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 21 Issue 1 - Contamination of food and drinks: Product liability in
           Australia
    • Abstract: Rajapakse, Pelma Jacinth
      This article examines the Australian law determining liability of manufacturers and retailers for injury or death allegedly caused by food and drink products which were spoiled, contaminated, or otherwise in a deleterious condition. Product liability and the issue of negligence associated with consumption of foods or drinks deemed as contaminated form the key points of discussion in this article. The liability of manufacturers, processors, wholesalers and retailers are explored with reference to elements of negligence, breach of express or implied warranty, misrepresentation, and strict liability in tort. Australian case law as it pertains to duty of care, breach, causation, and damage has been established and there are consumer protection and product safety laws at both state and federal levels that provide for those affected by contamination/harmful condition of food and drink products. This article explores examples of negligence as the basis of manufacturer's, processor's and retailer's liability in tort (common law and Civil Liability Act 2003 (Qld)) as well as liability under the federal and state legislation such as the Competition and Consumer Act 2010 (Cth), the Food Act 2006 (Qld) and the Australia New Zealand Food Standards Code). The various defences of contributory negligence of consumers, and obvious risk of injury suffered, as well as those established by manufacturers/retailers in the relevant proceedings are used to show the complexity of this issue. The article concludes with recommendations for consumers and businesses to avoid the risk of food contamination and to maintain food safety.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 20 Issue 1 - Gender quotas on boards - is it time for Australia to
           lean in'
    • Abstract: Spender, Peta
      This article examines whether Australia should introduce a gender quota on ASX 200 boards. Although existing institutional arrangements favour voluntary initiatives, Australia may be at a critical juncture where two factors - the public, pragmatic nature of the statutory regulation of corporations in Australia and the current salience of gender as a political issue - may favour the introduction of a quota. In particular, Australian policy-makers may be amenable to change by observing initiatives from other jurisdictions. It is argued that we should maintain a healthy scepticism about functionalist arguments such as the business case for women on boards. Rather, we should invoke enduring justifications such as equality, parity and democratic legitimacy to support a quota. The optimal design of an Australian gender board quota will be also be explored.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 20 Issue 1 - Board diversity: More than a gender issue'
    • Abstract: Adams, Michael
      There has been extensive research conducted on the importance of corporate governance around the world. The research seems to demonstrate that, regardless of whether corporations are based in common law or civil code systems, their longevity and sustainability arise from good corporate governance. However, the evidence does not clearly demonstrate a correlation between a particular organisation's governance structure and practices and its share price. Around the world the question of board diversity is gaining in importance. The beginning of the debate in the 1960s centred on gender. While it is essential to conduct a debate on gender diversity, other aspects of diversity should also be considered. Race, culture and even age may have a direct impact on the performance of a board. Australian companies, particularly those listed on the ASX, have a poor record of instituting any type of diversity. The USA and European Union have a much wider range of policies to promote diversity on corporate boards. The key question is how best to regulate to promote diversity across gender, race, culture and age. The historical approach of regulating diversity by setting targets and requiring disclosure does not seem to have delivered substantial change. Is it the right time to impose mandatory requirements, or are there other alternative strategies' Without doubt change is required, but there will be opposition.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 20 Issue 1 - Addressing gender quotas in South Africa: Women
           empowerment and gender equality legislation
    • Abstract: Hills, Janine
      A significant development in the area of gender quota legislation is driven by South Africa's latest National Policy Framework for Women Empowerment and Gender Equality (WEGE) legislation. This legislation expands on the values and principles that need to be integrated into policies, practices and programs of the private sector and government to ensure gender equality and quotas. The legislation strives for 50 per cent female representation on the executive bodies of all organisations. Another unique feature of diversity in South Africa is achieved through the Black Economic Empowerment (BEE) Program. South Africa's BEE Scorecard Policies and Empowerment Strategies are unique, affecting quota decisions and behaviour.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 20 Issue 1 - The case for and against mandatory gender quota
           legislation for company boards
    • Abstract: du Plessis, Jean
      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 20 Issue 1 - Gender diversity in the boardroom and its impacts: Is
           the example of norway a way forward'
    • Abstract: Sjafjell, Beate
      Norway is one of the most egalitarian countries in the world, with a high level of gender equality and a high percentage of women at work. Nevertheless, mandatory rules appeared necessary to bring about changes in the composition of corporate boards. This article describes the coup that made Norway the first country in the world to mandate gender diversity on corporate boards and outlines Norway's innovative legislative approach to this issue. The significance of gender diversity to corporate governance is discussed, drawing on empirical studies of the effect of diversity on the performance of companies. The article also discusses the potentially broader impact of gender diversity in the boardroom, including the pressing question of whether gender diversity in the boardroom can help companies create sustainable value within the planetary boundaries.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 20 Issue 1 - Board gender quotas in Germany and the EU: An
           appropriate way of equalising the participation of women and men'
    • Abstract: Koch, Raphael
      The professional equalisation of men and women has become one of the most discussed topics in politics over the last years. As a solution to this problem many European countries have introduced regulations which ensure special quotas for women on the managing boards of companies. The main problem concerning such gender quotas is that the equalisation of men and women is primarily a sociopolitical objective which might result in a possible conflict with national and European constitutional law. Consequently, the current legal situation in Germany and the EU needs to be analysed critically. Therefore the different ways of incorporating gender quotas into the existing legal system must be compared with each other.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 20 Issue 1 - Gender quota in the boardroom: The Dutch approach
    • Abstract: Luckerath-Rovers, Mijntje
      Since 2013 the Dutch Civil Code has required a minimum of 30 per cent women (and men) on both the executive and the supervisory boards of companies. The law is based on the comply or explain principle: companies that have not reached the 30 per cent target on one or other of these Boards should explain in their annual report why the seats are not evenly distributed, how the company has tried to achieve a balanced distribution of the seats and how the company intends in future to realise a balanced distribution of the seats. Research among the 87 listed companies in the Netherlands shows that the average percentage of women on supervisory boards increased to 25 per cent in 2014, but that the percentage on executive boards increased only to 6 per cent. While the 30 per cent target should have been reached by January 2016, it seems only a matter of time before a quota with sanctions will be introduced in the Netherlands.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 20 Issue 2 - Bentham's theory of law and public opinion [Book
           Review]
    • Abstract: Renaud, Gilles
      Review(s) of: Bentham's theory of law and public opinion, Edited by Xiaobo Zhai and Michael Quinn, Cambridge University Press, New York, 2014, ISBN 9781107042254.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 20 Issue 2 - Well-known trade marks, foreign investment and local
           industry: A comparison of china and Indonesia
    • Abstract: Antons, Christoph; Wang, Kui Hua
      Strengthened protection for well-known trade marks in accordance with the TRIPS Agreement is an important issue for developing countries, which has led to trade pressures from industrialised nations in the past. 'Trade mark squatting', referring to the registration in bad faith of foreign well-known marks in order to sell them back to their original owners, is a much discussed phenomenon in this context. This article outlines the history and development of well-known trade marks and the applicable law in China and Indonesia. It looks not just at foreign and international brands subjected to 'trade mark squatting', but also at how local enterprises are using the system. Rather remarkably in view of the countries' turbulent histories, local well-known marks have a long history and are well respected for their range of products. They are not normally affected by the 'trade mark squatting' phenomenon and are rarely the subject of disputes. Enhanced protection under the TRIPS Agreement is especially relevant for international brands and the article shows the approaches in the two countries. In China, government incentives assist the proliferation of nationally well-known and locally 'famous' marks. In Indonesia, lack of implementing legislation has left the matter of recognition to the discretion of the courts.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 20 Issue 2 - Women in the boardroom: A reappraisal
    • Abstract: Carrigan, Frank
      The purpose of this article is to explore the economic logic of the market in relation to the gender composition of Australian boardrooms. It argues that the benefits that could flow from more women occupying senior positions in Australian corporations will not overcome the laws of the market and the inherent competitive pressures that determine the trajectory of corporations. Placing more women on corporate boards must be supported as a matter of equity. However, it is unlikely that such a democratisation of corporations will impact on the internal structures that foster the broader inequality that is the taproot of the system and constitutes the day to day relationships of business.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 20 Issue 2 - Responding to cyberbullying: The case for family
           conferencing
    • Abstract: Langos, Colette; Sarre, Rick
      Cyberbullying is a form of anti-social conduct which is best understood as an online social relationship problem. Because of our growing understanding of the phenomenon, we can now see that any socio-legal response should envisage, therefore, a relationship solution. This article considers how one diversionary criminal justice process is particularly well suited to responding to incidents of cyberbullying where juveniles are involved yet which are deemed to be sufficiently serious to attract a potential criminal penalty. It explores, specifically, the option of family conferences (facilitated by youth justice co-ordinators) within the South Australian youth court framework. It concludes that both young cyberbullies and young victims of cyberbullying may benefit from alternatives to a retributive justice process, given that the primary focus of family conferencing is the repair of harm and the restoration of relationships.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 20 Issue 2 - Taxation treatment of Islamic finance products in
           Australia
    • Abstract: Bhatti, Maria
      In October 2010, the Board of Taxation released a Discussion Paper titled Review of the Taxation Treatment of Islamic Finance. Since the release of this Discussion Paper, there has been no legislative reform in Australia to accommodate Islamic finance products. In the Discussion Paper, the Board reviews the taxation treatment of Islamic finance products, such as murabaḥa. Murabaḥa is known as 'cost plus profit financing' and involves the sale of a commodity by a financial intermediary to a purchaser at a cost plus mark-up profit rate. The Board argues that in order for a murabaḥa product to be treated equally to a conventional product for Australian taxation purposes, the profit mark-up component common to murabaḥa transactions must be treated as if it were interest. However, the Board does not consider the implications for Muslims if the murabaḥa profit mark-up is treated as interest. The objective of this article is to investigate the following two questions: can murabaḥa be viewed as Shariʿa-compliant by Muslims if mark-up is treated as if it were interest; and, if murabaḥa is viewed by Muslims as no longer Shariʿa-compliant, could this cause Australia to become less attractive for Muslim investors' This article will undertake a comparative analysis by examining the implications of treating murabaḥa mark-up as if it were interest from various Australian and UK perspectives. This article argues that before legislative amendments are introduced to cater for Islamic finance products, further research is needed on the Shariʿa-compliant nature of Islamic finance products such as murabaḥa.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 20 Issue 2 - The liability of providers of mental health services
           in negligence
    • Abstract: Gray, Anthony
      In Hunter and New England Local Health District v McKenna the High Court considered the question of the liability in tort of a mental health provider for the actions of someone whom it had briefly treated. After involuntarily detaining the individual under relevant legislation, the service released the individual into the care of a friend. The person released killed his friend. The High Court allowed an appeal against a finding of the New South Wales Court of Appeal that the mental health service provider had owed, and had breached, legal obligations to the family of the person killed, denying compensation to the family on the basis that the service provider did not owe family members a duty of care. It will be argued that the High Court was wrong to deny that a mental health service provider could owe, or did owe, a duty of care to victims of those to whom the service provider provided services. The Court reached its decision utilising reasoning contrary to that of other cases which have involved questions of the liability of public authorities. The decision travels the well-worn path of denying that a public authority owes a duty of care to the public that it serves by asserting the inconsistency of obligations more apparent than real. The decision shows judicial reluctance to hold public authorities to the legal standards expected of other service providers, a reluctance that must be challenged.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 19 Issue 1 - Achieving the aims of open justice': The
           relationship between the courts, the media and the public
    • Abstract: Rodrick, Sharon
      This article begins by outlining what the principle of open justice is intended to achieve. It then investigates the nature of the relationship that exists between the courts and the media, and between the media and the public, and suggests that these relationships are not always conducive to realising the aims of open justice. While the reporting role of the traditional news media will undoubtedly persist, at least for the foreseeable future, it is argued that, since courts now have the means to deliver to the public a fuller and truer picture of their work than the media can, they should seize the opportunity to do so.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 19 Issue 1 - Police misconduct as a breach of public trust: The
           offence of misconduct in public office
    • Abstract: Davids, Cindy; McMahon, Marilyn
      Until relatively recently, the common law offence of misconduct in public office has been regarded as anachronistic. The offence was perceived to have been supplanted by specific statutory offences that could more appropriately deal with criminal conduct by public officials. However, there has been a revival of the offence with successful prosecutions occurring in Australia, England and Hong Kong. Many of these contemporary cases have involved police officers. Examination of these cases reveals that the circumstances in which misconduct in public office has been identified have been diverse, including the unauthorised disclosure of confidential information, the use of false search warrants and the sexual exploitation of vulnerable persons. In many instances, police officers were charged with other criminal offences in addition to charges relating to misconduct in public office. The matters prosecuted as misconduct in public office typically involved matters that were serious and/or could not be adequately prosecuted as other criminal offences or as breaches of police regulations governing conduct. Consequently, despite the proliferation of statutory criminal offences in the 20th century it appears that there continues to be a place for the offence of misconduct in public office. It criminalises misconduct by police officers that may not be adequately dealt with by other offences and recognises the public trust dimension of wrongdoing by these officials. However, a continuing and fundamental challenge is to determine the appropriate definition and scope of the offence.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 19 Issue 1 - The constitutionality of Queensland's recent (legal)
           war on 'bikies'
    • Abstract: Gray, Anthony
      The Queensland government has responded to a perceived 'criminal problem' with motorcycle clubs by directly naming and declaring 26 motorcycle clubs. It supplements earlier legislation that provided for a court to make such an order, upon defined criteria. The effect of the declaration is that it becomes a criminal offence for participants in the declared organisation to associate. The legislation provides for minimum mandatory gaol terms for various offences, including the act of associating. This article argues that there are serious constitutional questions surrounding such legislation, including on the basis of Chapter III of the Constitution, and the extent to which a court's institutional integrity is compromised by legislation of this nature.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 19 Issue 1 - Multiple layers of gender diversity on corporate
           boards: To force or not to force'
    • Abstract: du Plessis, Jean; O'Sullivan, James; Rentschler, Ruth
      This article examines diversity on corporate boards, focusing on gender diversity and taking both contemporary and historical perspectives. Australia forms a particular focus of the article but, as far as mandatory quota legislation is concerned, other jurisdictions provide comparisons. The authors illustrate how Australian corporate board gender diversity is starting from a low base in contrast to some other types of boards. Arguments for and against more women on boards are analysed in order to provide a comprehensive examination of extant research. The article also examines briefly whether a business case can be made for board gender diversity within the wider framework of board diversity. The authors acknowledge that there are unanswered questions about the right gender balance on boards and whether, without mandatory quota legislation, a voluntary system can achieve best practice targets. They explore the notion of critical mass - the idea that, upon female board representation reaching approximately 15 per cent, efforts to further redress the imbalance may lose momentum. Their conclusion is that, in the Australian jurisdiction, progress is being made belatedly towards increasing gender diversity on corporate boards. However, substantial challenges are envisaged if significant progress is not made imminently to increase the number of women serving on corporate boards.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 19 Issue 1 - Australian medical liability 2nd edition [Book Review]
    • Abstract: Bhatia, Neera
      Review(s) of: Australian medical liability 2nd edition, by Bill Madden and Janine Mcilwraith, LexisNexis Butterworths, 2013, ISBN: 9780409333282 (pbk), ISBN: 9780409333299 (ebk).

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 19 Issue 1 - Contentious activism and Inter-Korean relations [Book
           Review]
    • Abstract: Bozzi, Claudio
      Review(s) of: Contentious activism and Inter-Korean relations, by Danielle L Chubb, Columbia University Press, 2014, ISBN 9780231161367

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 19 Issue 1 - Lawyers, families, and businesses: The shaping of a
           bay street law firm, faskens 1863-1963 [Book Review]
    • Abstract: Renaud, Gilles
      Review(s) of: Lawyers, families, and businesses: The shaping of a bay street law firm, faskens 1863-1963, by C Ian Kyer, Irwin Law (for the Osgoode Society for Canadian Legal History), 2013, Toronto.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 19 Issue 1 - Governance, representation and the 'monstrous
           regiment': Is the collective feminine'
    • Abstract: Morss, John
      Alternatives to the individualistic emphasis of liberal theory focus attention on collective dimensions of social life with implications for legal and political analysis of the state, of representation, and of international law. In this context, relationships between the individual - collective dichotomy and the dichotomy of gender demand attention because of the claimed affiliations of individualism with social understandings of masculinity.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 19 Issue 2 - International food standards and WTO law
    • Abstract: Maidana-Eletti, Mariela
      Standards are used in all realms of human activity in order to specify the characteristics of a product, or its manufacture. In the process, they fulfil a range of functions, such as lowering risks, increasing trust and facilitating predictability in a given market. Standards reduce information costs for market players, which in turn allows for a more efficient functioning of the market. For international trade in foodstuffs, harmonisation of the wide variety of food standards is essential in order to facilitate the global food-sourcing trend. As traditional market access barriers are dismantled, non-tariff measures offer a tool for the potential protection of domestic products, thus calling for effective forms of food governance. This article explores the legal implications of international standards under the TBT Agreement in the light of the WTO Appellate Body's case law. It further analyses the role played by international standard-setting organisations, such as the CAC and the ISO, in predicting the outcome of pending WTO disputes. Against this backdrop, this article also attempts to shed light on the current legal debate surrounding the use of private food standards within the SPS Committee.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 19 Issue 2 - Assessing loss dependent upon hypothetical past events
    • Abstract: Harder, Sirko
      The assessment of loss allegedly caused by a civil wrong depends upon what would have happened but for the wrong. Where this cannot be resolved with certainty, the plaintiff's loss must be assessed either on the balance of probabilities according to the more likely hypothesis (all or nothing), or by reference to the degree of probability that an event would have occurred but for the defendant's wrong (partial recovery). Australian courts have not subjected all uncertain events to a single approach. This article explores how the courts have approached the various categories of hypothetical past events, and how the plaintiff's loss will be assessed where multiple events of different types are inextricably interwoven.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 19 Issue 2 - Common sense or unnecessary complexity': The
           recent change to the right to silence in New South Wales
    • Abstract: Cameron, Ashley
      The New South Wales government has now enacted section 89A of the Evidence Act 1995 (NSW), which will significantly amend the right to silence. The new provision allows courts in certain circumstances to draw unfavourable inferences from evidence of silence in criminal proceedings. Parliament has justified the legislation as a 'common sense' approach, intended to prevent offenders hiding behind a wall of silence. However the benefits of the legislation are expected to be minimal at best. Although critics have already put forward weighty theoretical arguments opposing the enactment of the new provision, how it will operate in New South Wales courts remains to be seen. This article will undertake a detailed comparative analysis, examining the operation of similar legislation in the United Kingdom to determine how section 89A might be interpreted and applied in New South Wales. This analysis suggests that the need for extensive and complicated jury directions, the problems in determining whether the provision is to be invoked at all, and the complex test used in deciding whether it was reasonable for the accused to remain silent, will create significant difficulties in the application of section 89A. It is contended that the number and seriousness of these difficulties, coupled with the only limited benefit (if any) to be derived from the section, justify the close monitoring of section 89A and its review at an appropriate time.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 19 Issue 2 - International labour law standards concerning
           collective bargaining in public essential services
    • Abstract: Carabetta, Giuseppe
      Labour standards adopted under the auspices of the ILO constitute the principal international influences on public sector collective bargaining; it is those standards that are the subject of this article. Focusing on the position of essential public sector employees, ILO principles concerning collective bargaining, dispute settlement and the right of workers to withdraw their services as part of bargaining are examined. Particular attention is devoted to the application of ILO standards to essential public sector employees and police officers; and the extent to which Australian law complies with these standards. The ILO supervisory bodies have acknowledged that restrictions on the general right of workers to collectively bargain and to strike can be justified in the case of essential public employees, but only on a minimal or proportional analysis. The ILO has also emphasised that any restrictions on the right to strike must be compensated by adequate, impartial and speedy conciliation and arbitration processes. It is shown, however, that with respect to essential public employees and police officers operating under the Fair Work Act 2009 (Cth), Australian law falls short on both of these scores, with a resultant uncertainty regarding the right of these workers to bargain collectively.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 19 Issue 2 - Making the fun stop: Youth justice reform in
           Queensland
    • Abstract: Hutchinson, Terry
      In 2013 the newly elected conservative Liberal National Party government instigated amendments to the Youth Justice Act 1992 (Qld). Boot camps replaced court ordered youth justice conferencing. In 2014 there were more drastic changes, including opening the Children's Court proceedings to the public, permitting publication of identifying information of repeat offenders, removing the principle of 'detention as a last resort', facilitating prompt transferral of 17 year olds to adult prisons and instigating new bail offences and mandatory boot camp orders for recidivist motor vehicle offenders in Townsville. This article compares these amendments to the legislative frameworks in other jurisdictions and current social research. It argues that these amendments are out of step with national and international best practice benchmarks for youth justice. Early indications are that Indigenous children are now experiencing increased rates of unsentenced remand. The article argues that the government's policy initiatives are resulting in negative outcomes and that early and extensive evaluations of these changes are essential.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 19 Issue 2 - Why good lawyers matter; Legal Aid Lawyers and the
           Quest for Justice [Book Review]
    • Abstract: Renaud, Gilles
      Review(s) of: Why good lawyers matter, edited BY D L Blaikie, T A Cromwell and D Pink, Irwin Law, Toronto, 2012, ISBN: 1552212238, 9781552212233; Legal Aid Lawyers and the Quest for Justice, by Daniel Newman, Hart Publishing, Oxford, 2013, ISBN: 1849464332, 9781849464338.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 19 Issue 2 - The complete (but unofficial) guide to the Willem C
           
    • Abstract: Hayward, Benjamin
      Review(s) of: The complete (but unofficial) guide to the Willem C Vis international commercial arbitration moot - 2nd edition, by Jorg Risse (ed) with Markus Altenkirch, Ragnar Harbst, Annette Keilmann and Lisa Reiser, C H Beck, Hart and Nomos, 2014, ISBN 978-3-406-66655-1.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 19 Issue 2 - Family provision, the family farm and rural
           patriarchy: Three actors in search of a play'
    • Abstract: Voyce, Malcolm
      This article describes how rural claimants have had their claims dealt with under family provision legislation. This legislation provides that, where a testator does not provide adequate provision for the proper maintenance and support of certain dependants, the court in its discretion may make further provision out of the estate. As regards this legislation, this article concentrates on the expectations of farming sons who have worked on farms and who may expect to receive a major share of a family property. Their claim is compared against the claims of daughters and widows. The article contends that family provision legislation, which in many cases works to the advantage of farming sons, reflects forms of patriarchy which overlap with and incorporate rural ideas of labour and the place of women on farms.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 18 Issue 1 - A second chance for justice: The prosecutions of Gabe
           Watson for the death of Tina Thomas [Book Review]
    • Abstract: Flynn, Asher; Fitz-Gibbon, Kate
      Review(s) of: A second chance for justice: The prosecutions of Gabe Watson for the death of Tina Thomas, by Asher Flynn and Kate Fitz-Gibbon, Cambridge Scholars Publishing, 2013, ISBN 10: 1-4438-4202-8 ISBN 13: 978-1-4438-4202-0.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 18 Issue 1 - Insights for legal reasoning from studies of literary
           adaptation and intertextuality
    • Abstract: Raitt, George
      Legal theorists advance conflicting theories to explain judicial reasoning, for example, that judges' decisions are constrained but not determined by legal materials, that judges do not apply legal principles but make value judgments, and that they make pragmatic judgments based on an assessment of the consequences of their decisions. Like cases should be decided alike, but theorists disagree on the role of analogy in legal reasoning and how one determines which similarities and differences are relevant. Judicial decisions revise and adapt previously decided cases. The concept of fidelity to precedent in legal reasoning can be illuminated by recent research into fidelity to source in adaptation studies. Research into literary adaptations shows that similarity and difference are not mutually exclusive and that an analysis of differences may undermine determinations of relevant similarity. By reading decided cases as intertextually situated adaptations, underlying views of the world that might not otherwise be evident in judicial reasoning can be interrogated.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 18 Issue 1 - 'Responsibility' to provide: Family provision claims
           in Victoria
    • Abstract: Renwick, Samantha
      Family provision legislation was introduced in Victoria in 1906 to allow the court to order provision from the estate of a deceased person whose will did not make adequate provision for the proper maintenance and support of a person for whom the deceased had a moral duty to provide. The first version of the legislation allowed only widows and children to claim; it underwent little reform until 1997 when a major amendment to the Administration and Probate Act 1958 (Vic) removed the statutory list of eligible applicants, and replaced it with the jurisdictional question, 'Did the deceased have a responsibility to provide'' This in theory means that 'anyone' can make a claim, including those without a close family relationship with the deceased. This article examines a selection of judgments handed down under the new provisions, with the aim of showing the range of applicants who are now eligible to apply and examining the particular features of their relationship with the deceased that determined the success of their claims. This is in light of the current Victorian Law Reform Commission Inquiry into Succession Law that questions whether eligibility should be limited to certain types of relationship, and whether costs should continue to be paid out of the estate.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 18 Issue 1 - 'For the union makes us ... rich'': Preventing
           trade union corruption in law after the health services union saga
    • Abstract: Silver, Joel
      While uncommon, corruption amongst Australian trade union officials is nevertheless well documented and notorious. How the law responds to corruption has become the subject of renewed debate, due to allegations against several former officials of the Health Services Union, in particular Craig Thomson and Michael Williamson. This article argues in favour of revising the provisions describing officials' duties in the federal Fair Work (Registered Organisations) Act 2009 (Cth) - the law which regulates trade unions - to more closely resemble their sister provisions in the Corporations Act 2001 (Cth). It contends that corrupt officials are best dealt with under specific 'disloyalty' offences, as opposed to generic property crimes (such as fraud or obtaining by deception). It also addresses a number of other potential weaknesses in the present legislative scheme.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 18 Issue 1 - Intellectual property, business and China: Taking a
           stand
    • Abstract: Menzies, Jane L; Xynas, Lidia; Orr, Stuart; Chung, Mona
      Over the last 40 years, China has developed laws for the protection of intellectual property rights. Unfortunately, these laws have not been uniformly enforced, making such protection problematic for Australian and other foreign organisations wishing to do business in China. This article first scrutinises the current Chinese laws covering intellectual property protection. It then examines the outcomes of a qualitative study that addressed intellectual property protection issues faced by selected Australian organisations conducting business with Chinese counterparts located in China. Forty Australian business managers/owners from Australian companies having business relationships with Chinese firms were interviewed for this study. The findings show that protection issues are only relevant to certain types of businesses that have intellectual property to protect. Nevertheless, a number of the managers/owners interviewed believed that infringement threats were real and inevitable in China, and some had even experienced cases of copying. The study found that, despite such concerns, there was little evidence of organisations taking proactive and positive steps to adequately protect their intellectual property. In order to address this, the authors of this article have developed a protection strategy that incorporates the use of the law, together with firms' organisational designs, so that foreign firms can protect their rights when interacting with the Chinese market.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 18 Issue 1 - Police bargaining disputes and third-party
           intervention in Australia: Which way forward'
    • Abstract: Carabetta, Giuseppe
      The essential duties that police officers perform, and the absence of a right to strike, creates the need for an effective, impartial procedure for the resolution of bargaining disputes. This article argues that, with the shift of focus under the Fair Work Act 2009 (Cth) to good-faith bargaining, police officers have been left without an effective dispute resolution mechanism, partly because of the limitations on arbitration but also because of uncertainties surrounding the scope of the 'protected action' provisions of the Act for police officers. Following a review of police pay-setting arrangements in comparable jurisdictions, this article examines and proposes options for an alternative model, including a mandatory 'final-offer' arbitration ('FOA') model as used for police bargaining in Canada, New Zealand and the United States. Research shows that - aside from providing an effective closure mechanism for bargaining disputes where strikes or lock-outs are unavailable - mandatory FOA offers a range of benefits to police bargaining, and could provide an ideal 'fit' for the current bargaining-centred system. The article's findings are of significance not only to police officers, but to all emergency services workers covered by the Fair Work bargaining regime.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 18 Issue 1 - International travel and double recovery
    • Abstract: Bozzi, Claudio
      A combination of the economic significance of international tourism, the increased mobility of individuals, and their greater willingness and desire to manage their own movements has significant implications for insurers which currently remain under-appreciated. International visitors to Australia are more likely to die or suffer injury as the result of a motor vehicle accident than in any other way. While attention has been focused on the complex jurisdictional issues that may arise, other equally important problems such as the potential for action in double recovery have gone largely unnoticed. The need is particularly acute because, as many studies attest, the prospect of death and injury in motor vehicle accidents involving foreign licensees is only likely to increase. Injured third parties returning to home jurisdictions with national health systems will rightly draw on the resources of the state, public welfare, and sometimes private insurance to meet their health care needs. To complicate matters further, European countries typically view the state as a guarantor of individual and collective social rights, and, to varying extents, constitutionally guarantee health care and other relevant benefits such as unemployment payments. In effect, an injured third party receiving a payout for the cost of those injuries from an Australian insurer returns home as a citizen or resident of a state in which she or he draws on publicly funded health care and benefits. In Italy, for example, the needs of the injured third party are met by a devolved health care system which places the greatest burden of responsibility for the delivery and funding of services on regionally governed public enterprises, and to a lesser extent on other entities. Some of those providers have mounted actions in recovery for money spent and goods supplied for the treatment of the same injuries that are the subject of the insurance. The aim of this article is to address the theoretical basis and practical implications of actions taken against the insured injured party in the context of foreign constitutional and personal injuries law (or constitutionalised personal injuries law).

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 18 Issue 1 - Contractual penalties in Australian law after Andrews:
           An opportunity missed
    • Abstract: Gray, Anthony
      This article considers the extent to which an Australian court might be willing to declare a contractual clause to be a 'penalty', and so not be enforceable. A recent High Court decision takes a broader view of the courts' jurisdiction to relieve against 'penalties' than has previously been the case. This article has two purposes; first, it critically considers whether the Court's position is correct, having regard to the long history and rationale for the rule. Secondly, it considers whether the doctrine forbidding penalties in contracts remains an appropriate stand-alone doctrine in contemporary contract law, or whether a recasting of the law in this area is desirable. It concludes that the High Court missed an opportunity to consider more thoroughly the reform of the penalty-liquidated damages distinction, and should have subsumed that principle within the organising principle of unconscionability.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 18 Issue 2 - The courts, parliament and the executive
    • Abstract: Clark, Robert
      Thank you for the honour of inviting me to deliver this year's Deakin Law Oration, and to follow the many distinguished speakers who have delivered this oration in previous years. In constitutional discussions, the relationship between Parliament and the executive receives a great deal of attention. Tonight I want to look at another important aspect of our State's governance, namely the relationships between our courts on the one hand and Parliament and executive government on the other hand.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 18 Issue 2 - Moving steadily or great leap forward': The
           emerging carbon market in China
    • Abstract: Shen, Ying
      China has become a large greenhouse gas ('GHG') emissions source due to its rapid industrialisation and urbanisation. Given the heavy environmental footprint caused by China's economic growth, the Chinese government has recognised the need to control carbon emissions and mitigate climate change. Indeed, China has made remarkable progress in reducing its energy consumption per unit of gross domestic product ('GDP'). However, these improvements are mainly the result of the most readily available abatement options. Given that simple solutions have almost been exhausted, cost-effective market-based instruments such as carbon emissions trading and carbon markets have become the focus of the Chinese leadership's attention and have begun to emerge and develop in China. At this stage the primary issue that must be considered by the Chinese government is how to implement an emissions trading scheme ('ETS') - whether to adopt such a new environmental policy instrument step by step in an evolutionary manner or whether to fully implement it instantly in a revolutionary way. This article considers the future direction of an emerging carbon market in China. It first provides a comprehensive and up-to-date review of current pilot ETS programs in China. Based on the review of these programs, China's pilot ETS programs and the well-established European Union Emissions Trading Scheme ('EU ETS') are compared. The improvements made by, and the shortcomings of, these pilot programs (which could be considered by the Chinese government in choosing an appropriate development model of the ETS in the near future) are summarised. The article concludes by assessing the prospects of an ETS in China.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 18 Issue 2 - Death of a soldier: A mother's story [Book Review]
    • Abstract: Masters, Chris
      Review(s) of: Death of a soldier: A mother's story, by Margaret Evison, Biteback Publishing, 2012, ISBN-10: 1849544492, ISBN-13: 978-1849544498.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 18 Issue 2 - Sexuality law reform and the language of progress:
           What lies behind statements that equality for lesbian and gay people is
           inevitable'
    • Abstract: Blore, Kent
      Equality for lesbian and gay people is increasingly being treated as inevitable. This article questions this sense of inevitability by exploring three possible explanations: (1) a cynical explanation that the language of inevitability is being used as a rhetorical device, (2) a mechanical explanation that the impending equality is an effect of prior causes in time, and (3) a teleological explanation that history is progressing towards its purpose of achieving equality. The article concludes that invocations of inevitability do not stand up to theoretical scrutiny and explores what options are then open to equality activists.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 18 Issue 2 - The legal in/security of temporary migrant
           agricultural work: Case studies from Canada and Australia
    • Abstract: Newman, Andrew
      Despite differing labour law systems and program structures, temporary migrant agricultural workers under the Canadian Seasonal Agricultural Worker Program and Australian Seasonal Worker Program often possess minimal security of employment rights and protections, despite potentially lengthy periods of consecutive seasonal service to the same employer. Such lesser rights and protections are partly due to the central role played by continuity of service in determining the length of reasonable notice periods and the strength of unfair dismissal protections and stand-down/recall rights. Although it is often presumed that the temporary duration of the seasonal work visa necessarily severs the legal continuity of the employment relationship, such is not the case. This article argues that security of employment rights and protections can be re-conceptualised to recognise non-continuous seasonal service within the current parameters of a fixed-term work visa. In both Canada and Australia this could be accomplished through contractual or collective agreement terms or through the amendment of labour law legislation. Such reforms would recognise a form of unpaid 'migrant worker leave', whereby the legal continuity of employment would be preserved despite periods of mandatory repatriation, thus allowing accrual of security of employment rights and protections.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 18 Issue 2 - A case from Australia's war crimes trials:
           Lieutenant-general Nishimura, 1950
    • Abstract: Lee, Lisa
      In the aftermath of World War II, Australia undertook domestic trials of suspected Japanese war criminals between 1945 and 1951. This article focuses on Australia's war crimes trial of Lieutenant-General Nishimura as held at the Los Negros court in mid-June 1950, and the subsequent petitioning period and confirmation process. The Australian war crimes courts were military courts vested with broad discretionary powers that facilitated the expeditious trials of accused. The procedure of war crimes courts differed from that of field general courts-martial in two main areas: admissible evidence and sentencing range - and this article highlights concomitant problems arising during the trial and subsequent case on review. This article examines the prosecution of the case entirely on documentary evidence; the impact of low admissibility thresholds for evidence; issues regarding the voluntariness and reliability of witness evidence; and the option of capital punishment in the Nishimura trial.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 18 Issue 2 - The evolution of lawyers' professional identity: The
           contribution of ADR in legal education
    • Abstract: Douglas, Kathy
      Alternative or Appropriate Dispute Resolution ('ADR') is a crucial area for lawyers to understand in order to engage in present day legal practice. ADR is now common in courts and the community and is supported by legal policy at both federal and state levels. Learning about ADR can contribute to the moulding of law students' professional identity so that they are better able to engage in commonly used processes such as negotiation and mediation. This article discusses research into the teaching of ADR in legal education. It draws on a project where the teaching of ADR was researched in depth to examine the content and pedagogy of this area of the legal curriculum. The article argues that ADR is an important part of legal education as it can assist law students to develop non-adversarial, holistic approaches to legal problem-solving.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 18 Issue 2 - Bearing the economic loss of industrial action: The
           payment of striking employees under the fair work act 2009 (cth)
    • Abstract: Wheelwright, Karen
      This article aims to elucidate the legal principles governing the right of striking employees in Australia to payment during periods of industrial action. It explains briefly the common law antecedents to the strike pay provisions of the Fair Work Act 2009 (Cth) and discusses in detail a number of decisions that interpret those provisions, including the recent High Court decision in CFMEU v Mammoet, which held that the prohibition on payments to employees who take protected industrial action is confined to the withholding of wages and does not permit employers to withhold other benefits, such as employer-sponsored accommodation. The article argues that, whilst the High Court decision provides a welcome clarification, there is a need for further judicial clarification of the partial work ban provisions in particular. The article discusses the assertions that the Fair Work Act provisions are overly prescriptive and the reasons for this, and suggests that they are unlikely to be relaxed in the current political climate.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 18 Issue 2 - Litigiousness in Australia: Lessons from comparative
           law
    • Abstract: Wolff, Leon
      How litigious are Australians' Although quantitative studies have comprehensively debunked the fear of an Australian civil justice system in crisis, the literature has yet to address the qualitative public policy question of whether Australians are under- or over-using the legal system to resolve their disputes. On one view, expressed by the insurance industry, the mass media and prominent members of the judiciary, Australia is moving towards an American-style hyper-litigiousness. By contrast, Australian popular culture paints the typical Australian as culturally averse to formal rights assertion. This article explores the comparative law literature on litigiousness in two jurisdictions that have attracted significant scholarly attention - the United States and Japan. More specifically, it seeks to draw lessons from this literature for both understanding litigiousness in modern Australia and framing future research projects on the issue.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 18 Issue 2 - The danubia files: Award writing lessons from the vis
           moot [Book Review]
    • Abstract: Hayward, Benjamin
      Review(s) of: The danubia files: Award writing lessons from the vis moot, edited by Louise Barrington, Napoleao Casado Filho and Claudio Finkelstein, Outskirts Press, 2013, ISBN 9781478711797, ISBN 9781432798833.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 18 Issue 2 - Trafficking in persons in Australia: Myths and
           realities [Book Review]
    • Abstract: Morss, John R
      Review(s) of: Trafficking in persons in Australia: Myths and realities, by Andreas Schloenhardt and Jarrod Jolly, LexisNexis Butterworths, 2013, ISBN 9780409333114.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 18 Issue 2 - Environmental law in Australia 8th edition [Book
           Review]
    • Abstract: Bozzi, Claudio
      Review(s) of: Environmental law in Australia 8th edition, by Gerry Bates, LexisNexis Butterworths, 2013, ISBN: 9780409332070 (pbk), ISBN: 9780409332087 (ebook).

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 17 Issue 1 - Cases that changed the law, [Book Review]
    • Abstract: McMahon, Marilyn
      Review(s) of: Cases that changed the law, by Graham Fricke, Strictly Literary, 2012, 158 pages, ISBN 9780987086556 (paperback).

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 17 Issue 1 - Crime and Justice: A guide to criminology (4th ed)
           [Book Review]
    • Abstract: Harris, Bridget
      Review(s) of: Crime and Justice: A guide to criminology (4th ed), by Marinella Marmo, Willem de Lint and Darren Palmer (eds), Lawbook Co, 2012, 716 pages, ISBN 978-0-455-22860-0.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 17 Issue 1 - Parallel justice for victims of crime [Book Review]
    • Abstract: Gear, Rachel
      Review(s) of: Parallel justice for victims of crime, by Susan Herman, The National Centre for Victims of Crime, 2010, 173 pages, ISBN 978-0-615-32610-8 (paperback).

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 17 Issue 1 - The committee on enforced disappearances and its
           monitoring procedures
    • Abstract: Sunga, Ricardo A
      The International Convention for the Protection of All Persons from Enforced Disappearances establishes the Committee on Enforced Disappearances to oversee its implementation. Its reporting, individual communications and inter-state communications procedures have enhanced features that build on the experiences of other monitoring bodies with similar procedures. Its urgent visit and referral procedures contain novel elements that can promote compliance with the right not to be subjected to enforced disappearance. While issues of duplication, lack of enforcement powers, competence ratione temporis and time and resource constraints set the parameters of what it can and cannot do, the Committee, as part of a system of international and regional bodies, has the potential to induce respect for human rights and to help move states toward the goal of compliance with the right not to be subjected to enforced disappearance.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 17 Issue 1 - Reforming the remedy: Getting the right remedial
           structure to protect personal privacy
    • Abstract: Petrie, Nicholas
      Politicians, journalists and academics have exhausted many hours over the last decade debating the question of whether Australia should have a statutory cause of action for invasion of personal privacy. In the midst of this ongoing debate, a simple question has often been overlooked: what remedies should be available to a person whose privacy been breached' In posing and answering that question, it is argued that a wide range of remedies for intrusions of personal privacy should be available to the courts. Perhaps most controversially, the author asserts that exemplary damages, which aim to punish defendants and deter future breaches of the law, should be available for the most heinous breaches of personal privacy.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 17 Issue 1 - Defining and describing what we do: Doctrinal legal
           research
    • Abstract: Hutchinson, Terry; Duncan, Nigel
      The practitioner lawyer of the past had little need to reflect on process. The doctrinal research methodology developed intuitively within the common law - a research method at the core of practice. There was no need to justify or classify it within a broader research framework. Modern academic lawyers are facing a different situation. At a time when competition for limited research funds is becoming more intense, and in which interdisciplinary work is highly valued and non-lawyers are involved in the assessment of grant applications, lawyer-applicants who engage in doctrinal research need to be able to explain their methodology more clearly. Doctrinal scholars need to be more open and articulate about their methods. These methods may be different in different contexts. This paper examines the doctrinal method used in legal research and its place in recent research dialogue. Some commentators are of the view that the doctrinal method is simply scholarship rather than a separate research methodology. Richard Posner even suggests that law is 'not a field with a distinct methodology, but an amalgam of applied logic, rhetoric, economics and familiarity with a specialized vocabulary and a particular body of texts, practices, and institutions ...'. Therefore, academic lawyers are beginning to realise that the doctrinal research methodology needs clarification for those outside the legal profession and that a discussion about the standing and place of doctrinal research compared to other methodologies is required.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 17 Issue 1 - How the criminal law in Australia has failed to
           promote the right to life for unborn children: A need for uniform criminal
           laws on abortion across Australia
    • Abstract: Ferdinands, Patrick
      This article contends that human life has an intrinsic value from the moment of its conception based on its potential use to the community. This value to the community demands protection from the state. However, there is also a need to balance this aim against the legitimate health interests of pregnant women. Abortions should be permitted only in circumstances where the abortion is necessary to preserve the pregnant woman from any serious danger to her physical or mental health. This article shows that the lack of uniformity in Australia's criminal law in the area of abortion plays a part in unduly undermining the right to life of unborn children. Accordingly, there is a need for effective uniform criminal laws throughout Australia that properly protect the right to life of unborn children and are duly sensitive to the valid health interests of pregnant women that give rise to circumstances justifying abortion.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 17 Issue 1 - The UN 'norms on the responsibility of transnational
           corporations and other business enterprises with regard to human rights':
           A requiem
    • Abstract: Miretski, Pini Pavel; Bachmann, Sascha-Dominik
      On 11 June 2011, the United Nations Human Rights Council endorsed the 'Guiding Principles for Business and Human Rights' as a new set of guiding principles for global business designed to provide a global standard for preventing and addressing the risk of adverse impacts on human rights linked to business activity. This outcome was preceded by an earlier unsuccessful attempt by a Sub-Commission of the UN Commission on Human Rights to win approval for a set of binding corporate human rights norms, the so called 'Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights'. This article identifies and discusses the reasons why the Norms eventually failed to win approval by the then UN Commission on Human Rights. This discussion assists an understanding of the difficulties in establishing binding 'hard law' obligations for transnational corporations with regard to human rights within the wider framework of international law. It elucidates the possible motives as well as the underlying rationale which led first to the adoption and then the rapid abandoning of the Norms. The discussion also sheds light on the future of the voluntarism of business human rights compliance, on the likelihood of finding alternative solutions, and finally on the rationale for, and effect of, the 'Guiding Principles for Business and Human Rights'.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 17 Issue 1 - Deakin Law School 20th anniversary dinner address
    • Abstract: French, Robert
      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 16 Issue 1 - Recruitment and retention of community sector lawyers:
           Regional differences within New South Wales
    • Abstract: Cain, Michael; Forell, Suzie
      The Aboriginal Legal Service, Community Legal Centres, Legal Aid NSW and private solicitors undertaking legal aid work all have a role in meeting the legal needs of disadvantaged communities in rural, regional and remote (RRR) parts of NSW. Yet there are reports that staff shortages are affecting the capacity of these services to perform this work - in some areas more than others. In order to gain a 'snapshot' of solicitor availability in RRR areas and to assess any regional differences in their availability to undertake community sector legal work in NSW, the Law and Justice Foundation of NSW has undertaken a census of all public legal assistance positions in NSW. The study examined whether the positions were filled or vacant, how they were filled, and the length of time that they were filled (or vacant). The research also drew upon data from the NSW Law Society and the three main public legal services in NSW to map solicitor availability across NSW against a range of indicators, including socio-economic disadvantage. In addition, interviews were conducted with solicitors working in (and who had left) 'hard to staff' areas with a view to better understanding differences in the recruitment and retention of solicitors across RRR areas of NSW. The major findings of the Foundation's full research report 1 are discussed in this paper.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 16 Issue 1 - Sustainable regional legal practice: The importance of
           alliances and the use of innovative information technology by legal
           practices in regional, rural and remote Queensland
    • Abstract: Hart, Caroline
      Recent reports into legal services in regional, rural and remote Queensland indicate that the supply of legal practitioners is insufficient to provide adequate legal services. This paper draws on the results of thirty in-depth interviews with partners (and directors of incorporated legal practices) on the topic of sustainable regional, rural and remote legal practice, with reference to business management practices. This paper focuses on the use of informal alliances between practitioners, and their use of innovative information technology in an effort to deal with the insufficiency of qualified legal staff.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 16 Issue 1 - Using technology to increase support for rural and
           regional legal professionals
    • Abstract: Kennedy, Amanda; Winn, Stephen
      An examination of available continuing professional education (CPE) opportunities for legal practitioners in rural and regional Australia illustrates that more can be done to ensure that practitioners receive a high quality and synchronous program that can be sustained and that is adequate to fulfil the ongoing needs of rural and regional practitioners. The provision of CPE is focused principally upon the delivery of professional knowledge relevant to legal practice. However, there is limited evidence of highly developed systems that draw on sophisticated educational pedagogy and synchronous interactive technology to deliver professional content. The use of synchronous interactive technologies which provide for a deeper, peer-to-peer interaction are not currently in widespread use. Moreover, there is currently minimal support for the broader issues of the management of rural and regional practice, the specific family or health and welfare issues of rural and regional legal professionals, and the particular problems confronting rural and regional professionals living in small communities where complementary services are lacking. This paper explores the potential to significantly increase support for rural and regional legal professionals in ways that address the above issues.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 16 Issue 1 - Access to environmental justice
    • Abstract: Millner, Felicity
      Environmental justice is an important aspect of social justice. Regulation of the environment and decisions about development and environmental policy impact upon our quality of life by influencing and affecting our health, as well as that of our urban and natural environments, and the availability of and access to natural resources. Disadvantaged members of society typically bear the brunt of the environmental impacts of human activity. Therefore, an essential part of attaining social justice is enabling the members of the community who will be adversely affected by these impacts to participate in and have rights of review in relation to the making of environmental laws, decisions about land use and development and enforcement of environmental laws.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 16 Issue 1 - Postcode justice: Rural and regional disadvantage in
           the administration of the law
    • Abstract: Coverdale, Richard
      The paper signposts a number of issues identified within the research project: Postcode Justice - Rural and Regional Disadvantage in the Administration of the Law. It highlights key areas in which regional Victorians experience disadvantage in access to justice system services in comparison to their metropolitan counterparts. Issues raised by interviewees and survey participants demonstrate inherent problems with the current delivery of justice system services, programs and processes in regional Victoria. Briefly explored within the paper is the relationship of 'distance' to the delivery of justice. The paper suggests that little consideration is given to the spatial disadvantage experienced by regional communities in the development of legislation or the implementation of justice system programs, practices and procedures. The paper also examines the Magistrates' Court criminal court programs which embrace the principles of 'problem solving courts' and 'therapeutic jurisprudence'. While they are important innovations, these programs have had limited roll-out to regional communities. In its conclusion the paper suggests that an independent and unified 'voice' is needed to ensure a genuine and informed response to the diverse areas in which inequity exists in the delivery of justice system services to regional communities.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 16 Issue 1 - Youth justice: Challenges in responding to young
           people convicted of sexual offences
    • Abstract: O'Brien, Wendy
      The clinical and criminological literature on adolescents who have committed sexual offences indicates that the pathologisation of young people and a labelling or overly punitive response is likely to be more harmful than rehabilitative. Accordingly, therapeutic counselling and diversionary schemes are seen as preferable to custodial terms in most instances. For adolescents convicted of sex offences, clinicians identify the benefits of comprehensive therapeutic care which involves family and is sensitive to the young person's context and culture. The benefits of this approach are documented and, although data are limited, indications are that recidivism is reduced where adolescents are provided with specialised counselling to encourage positive and non-abusive behaviours. In Australia, each state and territory has provisions for youth justice clients serving custodial or community orders for sexually abusive behaviours. Yet each jurisdiction experiences challenges in ensuring the delivery of equitable and comprehensive therapeutic services, particularly to regionally and remotely located youth. This paper draws on data from a national study of the therapeutic services to children and adolescents with sexualised or sexual offending behaviours. With attention to the difficulties in providing services to regionally and remotely located adolescents, this paper highlights challenges around lengthy remand terms, the provision of pre-offence diversionary programs, and the provision of specialised supervision for young people serving community orders. For example, jurisdictions with the largest geographic service areas face enormous difficulties in providing specialised supervision for community-based orders. At present, there are several jurisdictions where regionally and remotely located adolescents may serve the duration of a youth justice order without receiving specialised counselling to assist them in modifying their behaviours. The paper identifies the risks where specialised counselling cannot be provided, but also identifies specific initiatives designed to fill these gaps in service provision to youth justice clients.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 16 Issue 1 - Legislative and community support for offender
           reintegration in Victoria
    • Abstract: Hardcastle, Lesley; Bartholomew, Terry; Graffam, Joe
      The status of offender rehabilitation has been influenced by the prevailing social climate, the promotion of ways to improve rehabilitation's efficacy, and the well documented cycling of correctional imperatives. A renewed interest in offender transitions and reintegration has been apparent in recent years and most western correctional systems now feature policies and/or programs that address issues relating to the housing, employment, education and the broader 'resettlement' of offenders. However, this movement of correctional imperatives into the 'social' realm brings considerable challenges. Perhaps most significantly, the achievement of reintegration is dependent on juridical and community support in ways that other sentencing goals are not. Given the array of understandings of what 'reintegration' actually is, the abundance of programs claiming such a focus, and the reliance that reintegrative ideas have on community support, measuring the extent and nature of such support is seen as a useful exercise. With the above in mind, the goal of this paper is to identify legislative and community obstacles to the success of reintegrative ideals and policies. The paper first examines relevant legislation for references to reintegrative notions, finding a legislative ambivalence about such ideas. It then presents findings from a Victoria-wide survey of community views about the reintegration of ex-offenders. Participants in the community survey (n = 2635) were asked for their views about sentencing objectives, and the nature of their support for employment and housing initiatives. The results showed low levels of overall support for reintegration, with numerous more subtle distinctions being evident. The data also identify numerous areas where reintegrative programs are likely to be more readily accepted. The findings also indicate a need for targeted research into the correlates of community readiness for specific aspects of offender reintegration, and underlines the need for community education about the social implications of effective reintegration policies for urban, regional and rural communities.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 16 Issue 1 - Bush lawyers in New South Wales and Queensland: A
           spatial analysis
    • Abstract: McDougall, Kevin; Mortensen, Reid
      This article deals with the effect that different structures for the legal profession might have on supporting legal practice. There is a particular focus on Queensland, and its Law Society's claim that conveyancing protection is important infrastructure for practice in the bush. A spatial analysis was undertaken to compare the availability of legal services in Queensland and New South Wales (where non-lawyer conveyancing is allowed) in 2008. Areas in the two states classified according to the Accessibility/Remoteness Index of Australia (ARIA) were compared, and it was found that NSW had an equal or marginally better provision of legal services in all ARIA categories. The implications that this has for conveyancing protection, and other differences between the states (the earlier availability of incorporated law practices (ILPs) and the higher number of regional law schools in NSW) are discussed. Only a comprehensive longitudinal analysis can more strongly isolate the likely effect, if any, of conveyancing protection, ILPs and regional law schools on bush practice. However, the suggestion is that the differences in legal infrastructure - including conveyancing protection - are less important for supporting legal services in the bush than social considerations (family, lifestyle, professional development, gender, employment patterns and salary) are likely to be.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 16 Issue 1 - Professional services and rural services poverty
    • Abstract: Martin, Paul; Williams, Jacqueline; Kennedy, Amanda
      It is a fact that rural people suffer from professional services deprivation relative to their urban counterparts. Access to legal services is one form of this deprivation. Whilst often understood as a workforce problem, the issue has broader implications for the economic and social welfare of communities and the professionals who try to serve their needs. In particular the inability to access sufficient 'knowledge services' lies at the heart of many problems of rural social exclusion, the cost of which falls inevitably on those who are less mobile, or less capable of securing wealth. This paper takes a systemic look at rural professional services delivery, placing legal services in their larger context as part of the (often incomplete) professional network that supports communities. It outlines the systemic problem and aspects of the specific issues for rural professional services. It presents the results from a survey and a summit organised to discuss the issues that span various professions, and outlines some of the directions that the legal profession might take.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 16 Issue 1 - Strategies for meeting rural legal needs: Lessons from
           local, regional and international experience
    • Abstract: Economides, Kim
      This paper considers policy options for future planning of legal services in rural and remote areas and assesses the relative merits of the public and private sectors in identifying and meeting legal needs in such areas. Drawing on previous research and a range of national and international experience I focus on the future development of proactive services in legal service delivery: first, through examining the idea of 'rural law (community) centres' employing salaried lawyers and 'paralegals' working in the public sector; second, through speculating on the implications of emerging alternative business structures and new technology currently evolving in the private sector. The paper evaluates various delivery models (and their likely impact) and considers whether strategic approaches are possible when rural communities are so often dispersed, isolated and politically marginal. It examines the concept and practice of 'rural proofing', as developed by policymakers in the United Kingdom and New Zealand, in order to see whether legal services policy can be better attuned to the needs and expectations of rural communities.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 16 Issue 1 - Access to a lawyer in rural Australia: Thoughts on the
           evidence we need
    • Abstract: Rice, Simon
      NSW Law Society membership data 1988-2004 enables mapping over time of the presence and movement of private legal practice in rural NSW. The changing ratio of legal practices per 10 000 population is calculated against data from the Australian Bureau of Statistics. In short, while the rural population increases, the number of legal practices decreases at a much slower rate, resulting in an overall drop in the proportion of legal practices in the population. However, although some inferences could be drawn, the data do not go very far in illustrating the nature and degree of, and reasons for, the limits on access to law in rural Australia. One way of thinking about the further research that can be done is to consider the research implications of the many different ways the issue of rural access to law is expressed, and the different dimensions that are emphasised in those formulations.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 16 Issue 1 - Law and justice outside the CBD
    • Abstract: French, Robert
      Rural and regional Australia frames much of our national history and cultural heritage and therefore of our identity as a people. The oldest and most pervasive part of that history and heritage is found in the intricate and beautiful legends of the Dreamtime which have mapped and named Australian landscapes for tens of thousands of years. Those legends find visual, aural and kinetic expression in the art, songs and dances of Aboriginal people living and dead, which we and the world have only really begun to appreciate in the last half century. The rise of that appreciation and the affirmation by Aboriginal people of their cultural heritage perhaps mitigates the darker aspect of the consequences .

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 16 Issue 1 - National rural regional law and justice conference
    • Abstract: Coverdale, Richard
      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 15 Issue 2 - Gifts: A Study in Comparative Law [Book Review]
    • Abstract: Mendelson, Danuta
      The review and analysis of the book 'Gifts: a study in comparative law' by Richard Hyland is discussed. The book provides an erudite analysis of the law of gifts which is impressive in its international scope. Review(s) of: Gifts: A Study in Comparative Law, by Richard Hyland, Oxford: Oxford University Press, 2009) 730 pages, ISBN13: 9780195343366, ISBN10: 0195343360. Includes footnotes.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 15 Issue 2 - Something to Declare: A Memoir [Book Review]
    • Abstract: Roos, Oscar I
      The review and analysis of the book 'Something to declare: a memoir' by Sir James Gobbo is discussed. The book is competently written; however, reads as a largely lifeless retelling of facts, rather than as a document which consistently engages the interest of the reader. Review(s) of: Something to Declare: A Memoir, by Sir James Gobbo, The Miegunyah Press, 2010) 345 pages, ISBN 9780522857313 (hbk.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 15 Issue 2 - Eisenwerk Reconsidered (Twice) - a Case Note on
           Cargill International Sa v Peabody Australia Mining Ltd, and Wagners
           Nouvelle Caledonie Sarl v Vale Inco Nouvelle Caledonie SAS
    • Abstract: Hayward, Benjamin
      The key aspects and features of the cases of Cargill International SA v Peabody Australia Mining Ltd, and Wagners Nouvelle Caledonie SARL v Vale Inco Niuvelle Calednie SAS to arrive at a better understanding of Eisenerk in Australian law are discussed. The important implications of the decisions are highlighted.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 15 Issue 2 - Provocation as a Complete Defence to Trespass to the
           Person
    • Abstract: Pingree, Andrew
      The basis on which the law of trespass to the person denies mitigation of compensatory damages is a purely philosophical position which can be described as high minded but impractical. The law is criticised in this article on a number of bases including the fact that the leading case, Fontin v Katapodis, established this position without revealing the judicial reasoning which was applied. The notion of a victim's fundamental right not to be touched or threatened is criticised and an argument of implied consent by the provocateur is put, as also is an argument that a person's actions can be so much a function of external influences that their blame ought to be reduced proportionally. Some policy considerations are also raised to justify a change in the law.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 15 Issue 2 - The Legal Effect of Voluntary Self-exclusion Programs
           for Problem Gamblers
    • Abstract: Antolak-Saper, Natalia
      The voluntary self exclusion program has been designed as one attempt to minimise the harm caused by problem gambling and electronic gaming machines. However, the program's role as a genuine regulatory response is questionable. Few reporting requirements for gaming corporations and a reliance on an unsophisticated method of detecting self-excluded problem gamblers significantly undermine the purpose of the program. This paper considers the liability of gaming venues and corporations in circumstances where a self-excluded problem gambler has not been successfully excluded from the gaming venue. It is suggested that, in entering into the program, a problem gambler may be under a reasonable expectation that the gaming venue will assist in his or her endeavour to control the problematic gambling. Drawing primarily on the laws of Victoria, this article will discuss how the voluntary self-exclusion program is in need of reform so that it can better act as a harm minimisation mechanism. Further, the article will explore possible legal redress in contract, equity and under the Trade Practices Act 1974 (Cth), for problem gamblers who have participated in an ineffective voluntary self-exclusion program.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 15 Issue 2 - Control Orders Post 9-11 and Human Rights in the
           United Kingdom, Australia and Canada: A Kafkaesque Dilemma'
    • Abstract: Sascha-Dominik, Bachmann; Burt, Matthew
      This article aims to assess the impact that the European Convention of Human Rights, incorporated into British law through the Human Rights Act 1998, has had on the control order regime in the United Kingdom. It will discuss recent British jurisprudence on the topical question of whether there can be a true balance between the civil liberties of an individual and the need to protect state and society from a continuing terrorist threat. The article compares the UK's present control order system of summer 2010 with similar legislation, which the Commonwealth jurisdictions of Australia and Canada have enacted to protect their nations from the threat of terrorism. It will conclude with a discussion of possible reforms as well as other security measures which have been identified as alternatives to control orders and which form the basis of present UK governmental initiatives to limit the scope and impact of anti terrorism legislation.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 15 Issue 2 - The Obligation to Communicate: The Interaction between
           Language and the Law
    • Abstract: Warren, Marilyn
      The Honorable Marilyn Warren AC, Chief Justice of the Supreme Court of Victoria delivered the 2010 Richard Searby Oration at Deakin University on 21 September, 2010. The talks was about how the obligation to communicate and effective interaction between language and law would be fulfilled to the benefit of society if the judgement process is made accessible through effective language with technology.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 15 Issue 1 - Constitutional Advancement in a Frozen Continent:
           Essays in Honour of George Winterton [Book Review]
    • Abstract: Meagher, Dan
      Critical review of the book 'Constitutional Advancement in a Frozen Continent: Essays in Honour of George Winterton', by H P Lee. Review(s) of: Constitutional Advancement in a Frozen Continent: Essays in Honour of George Winterton, by H P Lee and Peter Gerangelos (eds) (Sydney: The Federation Press, 2009) 314 Pages ISBN: 978 1 86287 761 0. Includes footnotes.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 15 Issue 1 - Carbon Taxation versus Emissions Trading Schemes'
    • Abstract: Sheehan, John
      The key aspects and features of an Emissions Trading Scheme (ETSs) which allows trading of permits to emit Greenhouse Gas (GHG) are discussed. The advantages and disadvantages of a carbon taxation system as against an ETS are highlighted.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 15 Issue 1 - When Is a Code a Code'
    • Abstract: Hemming, Andrew
      This paper will develop the proposition that criminal codes in Australia are misnamed because they fail the fundamental test for a code of comprehensively stating the criminal law in one statute. This contention applies to all codes from the Griffith Codes of Queensland, Western Australia, Tasmania and the Northern Territory to the more recently minted Criminal Code 1995 (Cth). The reason for such failure is that all the codes are too sparsely written, and, due to inadequate definitional detail or statement of the appropriate tests to be applied, judges are required to have recourse to the common law to 'fill in the blanks' left by the code. It is here argued that a code needs to be structured with the objective of keeping statutory interpretation within the four corners of the code. Bland injunctions that recourse to the common law is permissible only when the meaning is uncertain or where a prior technical meaning existed are wholly inadequate. The paper sets out a series of examples which cover both offences and defences (such as causation and provocation) and which are intended to demonstrate the appropriate level of detail required to meet the conventional definition of a true code without sacrificing clarity. These examples should be viewed as templates for use in a variety of contexts, supporting the proposition that clarity, not confusion, can result from more detailed drafting. Drafting of this kind, which is directed at incorporating the relevant tests that the legislature accepts as appropriate, reduces reliance on secondary material such as second reading speeches. Secondly, it firmly tilts the legislature-judiciary 'partnership' in favour of the legislature (as a true code should) leaving the judiciary to explain the tests to the jury rather than to select which tests are appropriate. In this way at least consistency within a code, rather than uniformity across codes, can be promoted.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 15 Issue 1 - Trade-based Money Laundering: Responding to an
           Emerging Threat
    • Abstract: McSkimming, Samuel
      Concerted global effort has made the financial system an increasingly hostile and risky environment in which to launder illicit funds. As a result, offenders are increasingly turning to money laundering typologies that operate outside the financial system - primarily, trade-based money laundering. Despite this, enforcement agencies are ill-equipped to systematically detect and prevent trade-based financial crime. This paper makes several observations. The first is that, while little has been done to prevent trade-based financial crime, there is also little evidence of its ill effect. Further, there has been little consideration as to whether systematic monitoring of the trade system would be cost-effective, relative to the number of offenders detected and the harm prevented. Without such analysis, it is almost impossible to reach a measured and balanced view on appropriate policy settings. The second is that, even if monitoring were to be implemented, the analytical methodologies that are currently used have major flaws. They not only rely on data that is often of poor quality, but may also be worryingly easy to circumvent. This too raises serious questions about the effectiveness of the proposed policy responses to trade-based money laundering. The difficulties associated with data monitoring also raise the spectre of a significant increase in the number of physical, and therefore costly, inspections of trade goods.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 15 Issue 1 - Shielding Critical Infrastructure Information-sharing
           Schemes from Competition Law
    • Abstract: Corones, Stephen; Lane, Bill
      Because the majority of critical infrastructure is now owned or operated by the private sector, governments have implemented schemes to facilitate the exchange of information between private sector owners and operators, to ensure that it is protected from terrorist attack. The operation of these information-sharing schemes has the potential to contravene the competition law provisions contained in Division 1 and Division 2 of Part IV of the Trade Practices Act 1974 (Cth) (TPA). In light of these matters, this article considers whether there is a need for a specific statutory defence in the TPA in order to ensure that such arrangements can operate effectively and encourage the frank exchange of this type of information. The article examines the existing voluntary self-regulatory scheme adopted in Australia in 2003 and compares it with similar schemes in the United States where there is a move away from voluntary self-regulation towards a mandatory regulatory model with a specific legislated defence to shield critical infrastructure information-exchange arrangements from antitrust laws.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 14 Issue 2 - Judicial Ethics in Australia (3rd Ed) [Book Review]
    • Abstract: Roos, Oscar I
      Review(s) of: Judicial Ethics in Australia (3rd Ed), by the Honourable James Thomas Am, (LexisNexis Butterworths, 2009) 430 pages ISBN 978-0-409-32572-0. Includes footnotes.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 14 Issue 2 - Reflections on Public Health Policy in the Food
           Regulatory System: Challenges, and Opportunities for Nutrition and Food
           Law Experts to Collaborate
    • Abstract: Lawrence, Mark
      Diet-related diseases such as obesity, heart disease, diabetes and cancer are reaching epidemic proportions in many developed countries. Although there are increasing calls across the food regulatory system for interventions to help protect and promote public health, there is not a strong history of collaboration between public health nutritionists and food law experts in this area. This article explores the challenges facing public health nutritionists and food law experts and their opportunities to collaborate in the food regulatory system. Through a reflection on experiences with food fortification and food labelling policy debates, challenges to the objective of protecting public health and safety in the food regulatory system are identified. These challenges include: the absence of a coherent food and nutrition policy; the lack of a clear definition of what is meant by the objective 'to protect public health and safety'; capacity constraints; and limitations imposed by dominant regulatory reform agendas. Two case studies are provided to describe opportunities that are being pursued for public health nutritionists and food law experts to collaborate in the food regulatory system. The first case study describes a research project investigating reform of the Australian food regulatory system in relation to obesity prevention. The second case study describes a research proposal to review the role of nutrition in decision-making within the Australian food regulatory system. The paper concludes that, to become more effective when working across the food regulatory system to protect and promote public health, public health nutritionists and food law experts need to collaborate more strategically in research and practice.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 14 Issue 2 - Protecting Legal Rights When Things Go Wrong: Legal
           Recourse If Mandatory Fortification of a Food Were to Harm Human Health
    • Abstract: Lederman, Joe
      Food laws can encompass considerations that extend beyond food safety. The recent food standard mandating the fortification of flour with folic acid in Australia illustrates the legal problems and legal risks when governments introduce food standards that aim to medicinalise the population through the food supply despite a lack of scientific consensus. Legal analysis of the process by which the folic acid fortification was introduced into flour in Australia demonstrates legal inadequacies, administrative and policy failures, as well as flaws in safety assumptions. An analysis of the restrictions on legal rights and remedies for any adversely affected consumers seeking legal redress, and the existence of statutory immunities for governments, demonstrates a need for legal reform and changes in policy development processes.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 14 Issue 2 - Crown Immunity in a Food Crisis: A Consideration of
           the 2008 Listeriosis Outbreak in Canada
    • Abstract: Miller, Shelley L; Finlay, Shauna N
      In Canadian law, the question of whether agents for federal and provincial governments can be liable to consumers in negligence has traditionally been resolved in the negative. However, when many Canadians suddenly fell ill and others died due to exposure to listeria-infected meat products in mid-2008, the ensuing public health crisis and criticism of the government agency that handled it obliged the Prime Minister to call for an investigation and report upon the conduct of the Canadian Food Inspection Agency. In the context of the unfolding investigation, the authors examine the underlying rationale and policy reasons for the Canadian courts' doctrine of Crown immunity and whether the time might be ripe for policy change in circumstances like those which gave rise to the losses caused by listeriosis.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 14 Issue 2 - The System of Food Law in the European Union
    • Abstract: van der Meulen, Bernd MJ
      The first decade of the twenty-first century has seen a complete recast of the regulatory infrastructure for food in the European Union (EU), changing its previously strict market orientation and turning it into an instrument with the primary objective of ensuring food safety. This article contributes to the comparative study of food law by analysing the new body of EU food law and bringing the underlying structure to the forefront. EU food law applies an holistic approach to the food chain, addressing, on the basis of scientific risk analysis: food as a product in terms of its accepted ingredients and the limits placed on contaminants; the processes of food production, trade and risk management; and the presentation of food in advertising and labelling. The European Commission and the Member States share responsibility for official controls, incident management and enforcement.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 14 Issue 2 - Protecting Health, Environment and Agriculture:
           Authorisation of Genetically Modified Crops and Food in the United States
           and the European Union
    • Abstract: Grossman, Margaret Rosso
      Millions of agricultural producers from around the globe now cultivate genetically modified (GM) crops. In both the United States and the European Union, these crops and their food and feed products must be approved after evaluations designed to protect health, the environment, and agriculture. In the United States, federal agencies implement the authorisation process; in the European Community, both Community institutions and Member State authorities play roles. This article describes the comprehensive regulatory provisions that govern GM crops and their products under US and EC law. The article then compares requirements in the two legal systems, with a focus on the process of authorisation, requirements for labelling, and the exercise of precaution in the regulatory process.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 14 Issue 2 - International and Domestic Trade Regulations to Secure
           the Food Supply
    • Abstract: Kaufmann, Christine; Ehlert, Caroline
      In a time of global warming, of financial crisis, and of a crisis in food availability we need to ask how the food supply can be secured into the future. The present article considers the extent to which food security is at risk and considers how this risk is currently addressed through international and domestic trade regulation. It gives particular attention to the problems of the poor in the face of increasing biofuel production. It argues that sustainable results can only come about if the interests of the most vulnerable groups of the community are addressed at the international level. In particular, the current regulatory frameworks need to be enforced in order to ensure the food security of the world's population.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
 
 
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