Melbourne Law School - Theses
Now showing items 1-10 of 301
The capacity of the legal system to manage environmental risk through Environmental Impact Assessment (‘EIA’): a study on natural gas fracking
The demand for energy has motivated the expansion of natural gas hydraulic fracturing (‘fracking’) in recent years in many countries across the globe, including the United States (‘US’) and Australia. Natural gas, large ...
Truth or ‘collateral damage’? Legal parentage, bio-genetic parentage and children’s perspectives
This study explores the operation of legal parentage within Australian family law through analysing judgments and legislation in ‘misattributed fatherhood’ cases – where the person who is publicly identified or assumed to ...
Government mass surveillance and law in the Five Eyes countries
The Five Eyes is a global mass surveillance network, partnering the United States, Australia, Canada, New Zealand, and the UK, with the US as the lead partner. The Five Eyes have a self-stated goal of ‘collecting it all’ ...
Externalist positivism: an etiological functionalist account of law
My thesis shows that there is a new conceptual space that can be occupied in general jurisprudence. I hold that legal positivism can be made compatible with an externalist semantic analysis of the term “law”. My research ...
Sound and fury: assessing the steps to safeguard regulatory autonomy in the drafting of contemporary international investment agreements
There has been growing concern in recent years that international investment law, and its enforcement through investor-state dispute settlement, interferes with the regulatory autonomy of host states to enact measures for ...
States’ weapons review obligations under Article 36 of the 1977 Additional Protocol 1 to the Geneva Conventions and beyond
As long as the prospect of wars exists, the development and sophistication of military technology will continue. For many centuries now, States have repeatedly addressed the question of weapons legality on a multilateral ...
Proportionality and the proof of facts in Australian constitutional adjudication
This thesis examines the relationship between proportionality and facts in constitutional adjudication. The Australian High Court has developed various tests of constitutional validity that incorporate elements of the ...
The Ethiopian civil code project: reading a ‘landmark’ legal transfer case differently
The 1960 Ethiopian Civil Code is the largest legal transfer project into 20th century Ethiopia. Considered as one of the ‘landmark’ cases of ‘voluntary reception’ of western law in a non-western country, it has been studied ...
Empirical analysis of judicial reasoning: all trade mark infringement cases under s 120 of the Trade Mark Act 1995 (Cth)
In Australia, there has been no empirical research examining what legal factors determine a trade mark infringement claim under s 120 of the Trade Marks Act 1995 (Cth) (‘1995 TM Act’). Nor has there been empirical research ...