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29 November 2007 12:00–1:00 PM
(J.N. Lewis Seminar Room)
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Professor Donna Craig
Centre for Environmental Law, Macquarie University
Recognition of Customary Law in Natural Resource Management
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5 November 2007 12:00–1:00 PM
(J.N. Lewis Seminar Room)
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Phillip Falk
Griffith University
Workshop on Indigenous Inclusive Teaching and Learning Practices in Law
This seminar will address a holistic approach to developing and implementing Indigenous knowledge and perspectives within the Law School. This holistic approach encompasses the elements of Curriculum Development; Teaching and Learning, Indigenous Research; Staff Development and Training; and Student Support. These elements will be explored by drawing upon Mr Falk’s experience at Griffith University’s School of Law.
Phillip Falk is a Wiradjuri man (Central West NSW) who resides in Bundjalung country in Northern NSW. He is a Senior Lecturer at Griffith University’s School of Law and specialises in Indigenous curriculum development and its implementation.
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18 October 2007 12:00–1:00 PM
(J.N. Lewis Seminar Room)
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Partner, Allens Arthur Robinson
Climate Change Litigation — How real is the risk?
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16 October 2007 1:00–2:00 PM
(J.N. Lewis Seminar Room)
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Associate Lecturer, School of Law, UNE
The Undiscovered Country: Brain death, cognitive death and wrongful life
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5 October 2007 9:00–10:00 AM
(J.N. Lewis Seminar Room)
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Peter Long
Long Howland Lawyers & Advisors
Economics, Business and Law in the Blender of Farm Succession
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17 August 2007 12:00–1:00 PM
(Lecture Theatre 5, W39)
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Professor Indira Carr
University of Surrey
Corruption: Legal Solutions and Limits of Law
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9 August 2007 12:00–1:00 PM
(J.N. Lewis Seminar Room)
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Lecturer, UNE School of Law
Pericles was a Plumber: Towards Resolving the ‘Vocational’ and ‘Liberal’ Dichotomy in Legal Education
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30 July 2007 12:00–1:00 PM
(J.N. Lewis Seminar Room)
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Dr Rob McLaughlin
Royal Australian Navy Legal Adviser, Military Strategic Commitments, Australian Defence Headquarters, Canberra
Current and Evolving Challenges in the Law of Armed Conflict
Dr McLaughlin will discuss changing paradigms in the law of armed conflict, including civilianisation of military issues and militarisation of civilian issues.
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31 May 2007 1:00–2:00 PM
(J.N. Lewis Seminar Room)
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Dr Ann Brower
Lincoln University, Christchurch NZ
Closing the Deal at any Cost: Principals, Agents, and Sub-Agents in New Zealand Land Reform
Ellickson (1991) argues that welfare-enhancing norms, not the law, often prevail when adjudicating disputes over property. In 1990, about 20% of the South Island of New Zealand consisted of Crown land under long-term lease to pastoral farmers. 77 leaseholds have since been partially privatised through “tenure review,” a bilateral exchange of property rights whereby lessees acquire freehold title to part of their former leaseholds and the Crown resumes land for conservation. Using data on the 77 deals completed to date, we test and reject the hypothesis that the value of property rights exchanged drives prices, no matter who claims to own which rights. Instead, prices lie on or below the lessees’ demand curve for freehold land, and reveal that who acquires how much land is irrelevant to price. This is consistent with both Ellicksonian and agency theories. Heretofore classified prices appear to give rise to a principal-agent problem with a new twist — the contractor subagent. The ministerial principal directs the agent to close deals at minimal cost to the Crown; but the agent rewards the subagent for closing deals, regardless of cost. Hence subagents do not resist lessees’ rent-seeking, and the lessees’ demand curve serves as the lower bound for generosity in price. This outcome is welfare-enhancing to all present at the negotiating table — the lessee, the agent, and the subagent — at the expense of the public. Ann L. Brower, Adrian Monks and Philip Meguire
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30 May 2007 12:00–1:00 PM
(J.N. Lewis Seminar Room)
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Justin Rose
Ag Law Centre, UNE
Legal Pluralism and Environmental Governance in Papua New Guinea, Vanuatu and the Federated States of Micronesia
Justin Rose is among an international team of scholars currently investigating the ongoing and adapting roles of customary laws and indigenous institutions in environmental governance in Melanesia and Micronesia, as well as interactivity between these and state-based laws, institutions and interventions. Justin’s seminar overviews this research, discusses its relevance to broader discourses in policy and law and for ecologically sustainable development, and summarises the preliminary findings.
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30 April 2007 12:00–1:00 PM
(J.N. Lewis Seminar Room)
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Dr Dayle Smith
Brisbane Bar (Retired)
Quo Warranto? (By What Authority?) The Tokyo War Crimes Tribunal
A special screening of rarely seen footage of the tokyo war crimes tribunal with commentary by Dr Smith, including observations on the parallels with the US Military Commission trials of David Hicks and others.
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12 March 2007 12:00–1:00 PM
(J.N. Lewis Seminar Room)
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Professor Michael Hahn
University of Waikato, Hamilton, NZ
The World Trading System – From Single Undertaking to a Two-Track Approach
The Treaty establishing the World Trade Organization and the attached Agreements dealing with trade in goods, trade in services, trade-related intellectual property rights and, not the least, dispute settlement is viewed by many scholarly writers as a treaty of constitutional quality. Its dispute settlement mechanism is more advanced than any other international dispute settlement mechanism. Even more important than such a theoretical classification is the acceptance by Member States. The WTO Dispute Settlement is massively used by Members, making sure that by and large violations of WTO law will be established by and in an impartial forum on a regular basis. While this has not prevented Member states from breaking WTO law, it is probably fair to say that adherence to WTO obligations is high. The success of the WTO – Vietnam joined as the 150th Member recently – could be the cause for some of its difficulties. Since the establishment of the WTO more than 250 bilateral trade agreements have been concluded. As of today almost half of the world’s trade is (also) governed by those FTAs.
Professor Hahn’s Kirby Seminar will highlight the problems caused by this multitude of partially overlapping trade regimes and propose potential remedies. He is an expert on international economic law, in particular WTO and EC foreign trade law. After a receiving a law degree from Frankfurt University, Professor Hahn joined the prestigious Max-Planck-Institute for Comparative Public Law and Public International Law in Heidelberg, Germany as a research fellow. He earned his doctorate with a study on “Unilateral Suspensions of GATT Obligations as Reprisal”. Professor Hahn held positions at several German and US Law Schools. In October 2005 he was appointed Professor at the University of Waikato Law School. He also teaches as a visiting Professor at Saarland University. Professor Hahn’s latest publications deal with cultural diversity, EC foreign trade law and legal problems of the regulation of biotechnology. He has just been invited to co-author the 3rd edition of the standard WTO treatise Matsushita/Schoenbaum/Mavroidis, The WTO – Law, Practice and Policy (OUP, 2nd ed. published in 2006). Professor Hahn is also a Member of the International Law Association’s International Trade Law Committee.
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28 February 2007 12:00–1:00 PM
(J.N. Lewis Seminar Room)
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Professor Brad Sherman
Director Australian Centre for Intellectual Property in Agriculture, University of Queensland
The Original Clones – On the Emergence of Intellectual Property Rights in Living Organisms
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