Latest Titles

• Crime, Aboriginality and the Decolonisation of Justice Harry Blagg Crime, Aboriginality and the Decolonisation of Justice
  Abstract:

  Crime, Aboriginality and the Decolonisation of Justice explores contemporary strategies which might diminish the extraordinary levels of imprisonment and victimisation suffered by Aboriginal people in Australia.

  The book argues that enhancing Aboriginal ownership and control over justice and justice-related processes is a key factor and focuses on ways this can be achieved. It explores the potential for ‘hybrid’ initiatives in the complex ‘liminal’ space between Aboriginal and non-Aboriginal domains, for example Aboriginal community/night patrols, community justice groups, healing centres and Aboriginal courts.

  Harry Blagg disputes the relevance of the western, urban, criminological paradigm to the Aboriginal domain, and questions the application of both contemporary innovations such as restorative justice and mainstream models of policing.

  He also refutes allegations that Aboriginal customary laws condone violence against women and children, pointing to the wealth of research to the contrary, and suggests these laws contain considerable potential for renewal and healing.

  Authors: Harry Blagg
• Plain Language Around the World Michele M Asprey Plain Language Around the World
  Abstract:

  This document is an extension of Chapter 4 of the book Plain Language for Lawyers.

  Authors: Michele M Asprey
  Keywords: plain language
• Introduction: Islamic Law in South-east Asia MB Hooker Introduction: Islamic Law in South-east Asia
  Abstract:

  There is a profound ignorance in Australia about Islamic law. One of the major aims of the Australian Journal of Asian Law is to inform and to encourage debate. At a time when the distance between Islamic and secular traditions seems wider than at any time in living memory, this special issue is our attempt to open serious debate among legal scholars about syarî’ah. We believe the initiative is especially appropriate for Australia, which has no choice but to engage with two states of our area – Indonesia and Malaysia – which have majority Muslim populations. Obviously, however, the space available to us is limited. We have decided, therefore, to choose a number of specialised topics for the articles included in this issue which also have the capacity to introduce the reader to the wider jurisprudence of Islam. This introduction is intended to place these specialised topics in a broader historical, regional and scholarly context, as many of our readers will have had little exposure to Islamic law. It also includes bibliographical notes to basic sources to guide further research. All sources cited themselves have extensive references. Different readers will have different interests and we hope that these are adequately covered. Apart from the section immediately below, however, the focus is South-east Asian Islam.

  Authors: MB Hooker
• The Public Health Implications of the Association of South East Asian Nations (ASEAN) Legal Regime on Tobacco William Onzivu The Public Health Implications of the Association of South East Asian Nations (ASEAN) Legal Regime on Tobacco
  Abstract:

  In response to the public health disaster caused by the trade in tobacco, and in recognition of the important role that international law can play in the promotion of public health, the World Health Organization has developed the Framework Convention on Tobacco Control. In an era of trade liberalisation, however, attempts to control the trade in tobacco in the interests of public health encounter international, regional and local regimes designed to enhance trade, not restrict it. This article examines this dilemma as it is played out in the regional trade mechanisms developed in the ASEAN and it argues that, despite some limitations, the ASEAN legal regime could be adapted to support strong tobacco control measures designed to protect and enhance public health.

  Authors: William Onzivu
• The New Timor Sea Treaty between East Timor and Australia Gillian Triggs The New Timor Sea Treaty between East Timor and Australia
  Abstract:

  On independence day 20 May 2002, East Timor agreed with Australia on the terms of the new Timor Sea Treaty for the joint development of the petroleum resources of the ‘Timor Gap’. A separate Exchange of Notes maintains the terms of the original 1989 Timor Gap Treaty, providing a bridge during the interim period before each state ratifies the Timor Sea Treaty. This article describes and considers the principal features of the new agreement. The most notable legal issue raised by the Timor Sea Treaty is the decision to share the production from the proposed Joint Petroleum Development Area (JPDA) on the basis that East Timor receives 90 per cent and Australia only 10 per cent. The Timor Gap Treaty was scrupulous in preserving the respective juridical positions of Australia and Indonesia so that the treaty remained sovereign-neutral in its effect. By contrast, the new Timor Sea Treaty creates a structure that in certain respects distinctly favours control by East Timor through the proposed Joint Commission. While a ‘without prejudice’ clause technically protects the views of Australia and East Timor on seabed delimitation, future activities under the new agreement may render it increasingly difficult for Australia to insist upon its claim to sovereignty over the continental shelf up to the Timor Trough. In other respects, the Timor Sea Treaty, unlike the Timor Gap Treaty, does not include a mining code or model production-sharing contract. Nor does it resolve fiscal uncertainties. A further impediment to ratification may be East Timor’s claim to sovereignty over the Greater Sunrise fields that straddle the eastern lateral of the JPDA. Current discussions on unitisation of this deposit may determine whether the new Timor Sea Treaty comes into effect.

  Authors: Gillian Triggs
• Introduction to Nationality, Refugee Status and State Protection Savitri Taylor Introduction to Nationality, Refugee Status and State Protection
  Abstract:

  Introduction and overview of the articles in Nationality, Refugee Status and State Protection, a special issue of Law in Context journal.

  Authors: Savitri Taylor