Melbourne Law School - Theses
Now showing items 1-10 of 315
Using comparative regional law to identify future directions for the Central American integration system
The Central American Integration System (SICA) is the latest integration enterprise in a long line of regional governance arrangements in the Central American region. SICA was founded in 1991 as a manifestation of a broader ...
Bridging the gap? transnational recognition and enforcement of judgments and awards in international commercial disputes
Despite the importance of recognition and enforcement for international commercial disputants, there remains a perception of an unwarranted enforcement ‘gap’ favouring foreign awards over foreign judgments. To the extent ...
The regulation of concussion in professional team sports: time for a harmonised approach?
The risk of athletes sustaining concussion while participating in professional team sports raises two serious concerns both nationally and internationally. First, concussion in sport carries a public health risk, given ...
The legal precariousness of temporary migrant agricultural work: case studies of the Canadian Seasonal Agricultural Worker Program and the Australian Seasonal Worker Programme
This thesis examined the relationship between migration law and labour law in regulating the level of wages and employment security of temporary migrant agricultural workers in Canada and Australia. The findings have ...
Developing a model for uniform conflict of laws rules for commercial contracts within Greater China: necessity and possibilities
This research proposes to study the issue of contractual conflict of laws in Greater China. In this thesis, Greater China refers to the combined jurisdictions of Mainland China, Hong Kong, Macau and Taiwan. Cross-border ...
Strong drink, weak rules: alcohol, public health and industry self-regulation in Australia
Alcohol is the favoured drug of Western nations. It brings pleasure, but it is also the source of untold harm to the drinker, third parties and the wider society. This thesis starts from the position that regulation has ...
'What's past is prologue': humanitarian disarmament from St Petersburg to New York
In the past twenty years, the international community has agreed to bans on anti-personnel landmines, on cluster munitions and on nuclear weapons. In all these cases, claims of humanitarianism, understood here as a concern ...
Protecting the child-parent relationship: the place of children’s rights in temporary labour migration
Low-waged, temporary labour migration (TLM) is a global phenomenon that involves the migration of workers for months or years at a time generally without their dependent children. This thesis examines how policies governing ...
Between rhetoric and reality: the people’s procuracy as a human rights protector in the Vietnamese criminal process
The Vietnamese people’s procuracy (viện kiểm sát nhân dân) is a transplanted Soviet institution, which concurrently prosecutes and supervises judicial activities, including criminal investigation and trial. The 2013 ...
The use of foreign judges on courts of constitutional jurisdiction in Pacific island states
The global norm is that, by law or by practice, the judges on courts of constitutional jurisdiction will be citizens of the state they serve. However, in the nine independent states of Fiji, Kiribati, Nauru, Papua New ...