- Melbourne Law School - Theses
Melbourne Law School - Theses
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ItemLimitation periods in child sexual assault litigation in VictoriaWaller, Vivian. (University of Melbourne, 2005)
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ItemTreating like alike : the principle of non-discrimination as a tool to mandate the equal treatment of refugees and beneficiaries of complementary protectionPobjoy, Jason M., 1982- (University of Melbourne, 2009)
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ItemJurisdiction in the international sale of goods : a comparative between Europe, the USA and EnglandNoone, Natasha. (University of Melbourne, 2008)
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Item[Law minor thesis]Davis, Lucy. (University of Melbourne, 2009)
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ItemThe search for jurisdictional salvation : assessing the Australian Law of JurisdictionVermiglio, Gesuele. (University of Melbourne, 2008)
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ItemThe concept of joint employment in Australia and the need for statutory reformDowling, Craig William. (University of Melbourne, 2008)
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ItemThere must be limits : the Commonwealth spending powerAppelby, Gabrielle. (University of Melbourne, 2008)
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ItemCivilian detention in United Nations peace operations : the need for a special legal regime governing detentionOswald, Bruce Michael. (University of Melbourne, 2009)This thesis is concerned with examining the significant legal issue of UN personnel temporarily detaining civilians in UN peace operations. More specifically, it addresses the question: is the temporary detention of civilians by UN peacekeepers in peace operations appropriately regulated? The argument here is that the temporary detention of civilians by peacekeepers is not appropriately regulated by extant legal frameworks, and, consequently, the thesis proposes the creation of a special legal regime governing detention. Such a regime would provide greater certainty, clarity and consistency of applicable legal norms and would ensure the effective and efficient conduct of UN peace operations in the context of the recognition of the rights and obligations of both the civilian population affected by the operation and the peacekeepers conducting the operation. This thesis argues that the taking and handling of detainees by UN peacekeepers is not appropriately regulated by extant legal frameworks for a number of reasons. The key reasons are: (1) there is no single legal regime that applies to the temporary detention of civilians in UN peace operations; (2) the law applicable to UN peace operations temporarily detaining civilians is fragmented; (3) where norms are identified as applying, they are sometimes, on closer analysis, inadequate to meet the operational necessities of peace operations; and (4) there are a number of gaps in the existing law, and the law, therefore, must be further developed so as to be relevant to contemporary UN peace operations. It should be noted that this thesis does not argue that there is no legal framework applicable to the treatment of civilian detainees nor that existing legal regimes applicable to the treatment of civilian detainees should be abandoned. It does, however, seek to contribute to the search for greater certainty, clarity and consistency of the norms dealing with detention by arguing for formalisation and systematisation. Consequently, this thesis restates, where relevant and appropriate, obligations within the existing legal frameworks that apply to UN peace operations. It also identifies where existing norms do not adequately respond to the needs of either detainees or the peaceoperation, and proposes norms that are more specific and nuanced to meet the requirements of the context. The fundamental aim of this thesis is to argue for a special legal regime to govern UN peacekeepers dealing with detainees.
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ItemFreedom and fairness in contract law : a republican theory of contract lawSharpe, Michelle. (University of Melbourne, 2005)