Melbourne Law School - Theses
Now showing items 1-10 of 323
The Judicial System and Demographic Change: Preparing for Australia’s Population Futures
In the late 1960s, an explosion in global population and the attendant threat of widespread famine spawned a new field of legal scholarship, known as ‘population law’. Its central concern was to use the law as an instrument ...
When data flows across borders: Aligning international trade law with internet policy objectives
With the rapid digitalisation of the economy, cross-border data flows have become essential for the functioning of different sectors of the economy, including the digital services industry. However, governments often ...
International civil litigation: Balancing foreign interests and private rights
Foreign elements, expressed in the form of laws, judgments and jurisdictional claims, should be given equal recognition to local interests in the adjudicative process but not so as to thwart the legitimate vindication of ...
The Palestinian constitutional court: a critical assessment of its independence under the emergency regime of the West Bank
This thesis assesses the de jure and de facto independence of the Palestinian Constitutional Court since the coup in July 2007 that brought the Fatah regime to power in the West Bank. It argues that the Court has failed ...
Reimagining international law of privacy in the digital age
This thesis examines the question of how international law should respond to the challenges of securing digital privacy. Driven mainly by the transnational nature of privacy threats involving private actors as well as ...
When Choice of Forum clauses in international commercial contracts are challenged: key lessons from Asian jurisdictions
While Asia leads the world in cross-border trade and investments, no comparative study exists on the approaches of Asian courts to Choice-of-Forum clauses in international commercial contracts. This thesis fills this ...
Public and private enforcement of securities laws in Australia: an examination of the continuous disclosure regime
Continuous disclosure is an approach to securities regulation that mandates relevant regulated entities promptly disclose material information to the securities market on a continuing basis. The aim of continuous disclosure ...
A marriage of convenience: marriage migration policy and Cambodia’s lean into China
Since the first cases emerged in 2012, an estimated 10,000 Cambodian women have migrated through marriage to China. As a result of allegations relating the practice to abuse and exploitation, hundreds of these women have ...
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 ...