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Kirby Seminar Series: 2007 - 2008

2008 Seminars

2 October
12:00–1:00 PM

(J.N. Lewis Seminar Room)

Associate Professor Chris RenschlerDr Chris S Renschler

Associate Professor, University of Buffalo, The State University of New York, USA

“Decision-Support Tools for Integrated Natural Resources and GeoHazards Management: Scientific and Legal Challenges for Development and Implementation”

Dr Renschler is currently a Visiting Fellow in the School of Geography, Planning and Architecture at the University of Queensland in Brisbane.  His seminar will discuss issues relating to decision- and policy-making in natural resources or natural hazards management and specifically, his current project involving the development of a conceptual framework for measuring, assessing, and monitoring an integrated Community Resilience Index (CRI), a toolkit that integrates quantitative and qualitative methods using spatial and non-spatial data to identify scientifically defensible indicators for community resilience, and an implementation plan that enables local and regional stakeholders to continuously monitor and enhance their resilience against episodic and slow-onset extreme events.

23 July
12:00–1:00 PM

(J.N. Lewis Seminar Room)

Professor John BeckerProfessor John Becker

Professor, Penn State University

Australian Water Law Reform: A Case Study for Reform of Water Law Systems

 

18 March
12:00–1:00 PM

(J.N. Lewis Seminar Room)

Ms Susan FranckMs Susan Franck

Assistant Professor, University of Nebraska Law College

International Law and Empiricism: Reality Testing Claims About International Investment Disputes

   

2007 Seminars

 

29 November 2007
12:00–1:00 PM

(J.N. Lewis Seminar Room)

Professor Donna CraigProfessor Donna Craig

Centre for Environmental Law, Macquarie University

Recognition of Customary Law in Natural Resource Management

5 November 2007
12:00–1:00 PM

(J.N. Lewis Seminar Room)

Mr Phillip FalkPhillip 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.

18 October 2007
12:00–1:00 PM

(J.N. Lewis Seminar Room)

Mr Matthew SkinnerMatthew Skinner

Partner, Allens Arthur Robinson

Climate Change Litigation — How real is the risk?

16 October 2007
1:00–2:00 PM

(J.N. Lewis Seminar Room)

Ms Aileen KennedyAileen Kennedy

Associate Lecturer, School of Law, UNE

The Undiscovered Country: Brain death, cognitive death and wrongful life

5 October 2007
9:00–10:00 AM

(J.N. Lewis Seminar Room)

Mr Peter LongPeter Long

Long Howland Lawyers & Advisors

Economics, Business and Law in the Blender of Farm Succession

17 August 2007
12:00–1:00 PM

(Lecture Theatre 5, W39)

Professor Indira Carr

University of Surrey

Corruption: Legal Solutions and Limits of Law

9 August 2007
12:00–1:00 PM

(J.N. Lewis Seminar Room)

Mr Craig CollinsMr Craig Collins

Lecturer, UNE School of Law

Pericles was a Plumber: Towards Resolving the ‘Vocational’ and ‘Liberal’ Dichotomy in Legal Education

30 July 2007
12:00–1:00 PM

(J.N. Lewis Seminar Room)

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.

31 May 2007
1:00–2:00 PM

(J.N. Lewis Seminar Room)

Dr Ann BrowerDr 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

30 May 2007
12:00–1:00 PM

(J.N. Lewis Seminar Room)

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.

30 April 2007
12:00–1:00 PM

(J.N. Lewis Seminar Room)

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.

12 March 2007
12:00–1:00 PM

(J.N. Lewis Seminar Room)

Professor Michael HahnProfessor 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.

28 February 2007
12:00–1:00 PM

(J.N. Lewis Seminar Room)

Professor Brad ShermanProfessor 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