Melbourne Law School - Theses
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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 ...
Traditional forms of land tenure in rural China and models for reform
The plight of farmers in rural China is an issue of fundamental importance in China today, both in terms of improving their living conditions from the perspective of individual farming households and in terms of maintaining ...
Ways of remembering: law, cinema and collective memory in the new India
This thesis explores the relationship between secular law and religious violence in contemporary India from a ‘law and aesthetics’ perspective. It offers an inquiry into and expands the understanding of secular law’s public ...
International extradition between Indonesia and Australia
Indonesia and Australia have not found extradition easy, despite the bilateral extradition treaty in force between them since 1992. This thesis is concerned with international crime cooperation in the extradition of fugitive ...
Occupation, resistance & the law: Was armed resistance to the occupation of Iraq justified under international Law?
The 2003 invasion and occupation of Iraq triggered a plethora of legal questions. This study focuses upon two: Was Iraqi resistance to the invasion and occupation justified under the laws of war? If so, by whom and for how ...
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 ...