Browsing Research Publications and Outputs by subject "18 Law and Legal Studies"
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Aceh and Islamic Criminal Law in the Courts
Published 2020In 2014, the Aceh provincial government enacted a Qanun Jinayat or Islamic Criminal Code. The Qanun came into force on 22 October 2015, one year later. The positions of Islam in the state and of Islamic law in the legal ...Open AccessAccepted manuscript -
Allegiance, Foreign Citizenship and the Constitutional Right to Stand for Parliament
Published 2020In 2017, in Re Canavan, the High Court of Australia found five sitting Members of the Commonwealth Parliament to be citizens of a 'foreign power' and thus ineligible, under s 44(i) of the Constitution, to hold their seats. ...Open AccessArticle -
Arbitration in Indonesia: Largely Dependable Recognition and Enforcement
Published 2020This chapter begins by outlining the key features of the 1999 Arbitration Law and its predecessors, before discussing early judicial resistance to the recognition and enforcement of arbitral awards. The chapter seeks to ...Open AccessBook chapter -
Cases before Australian Courts and Tribunals Concerning Questions of Public International Law 2020
Published 2021This article summarises Australian cases from 2020, with a focus on the relevance of international law. In the year 2020, international treaties and United Nations (‘UN’) declarations were considered by Australian courts ...Open AccessArticle -
Cases before International Courts and Tribunals concerning Questions of Public International Law Involving Australia 2020
Published 2021In the year 2020, Australia’s engagement with international law was oriented around several key areas. In relation to the International Criminal Court (‘ICC’), Australia submitted amicus curiae observations relating to the ...Open AccessArticle -
The Challenge of Proving Toxic Tort Causation: Genetic Markers as the Solution?
Published 2022Sara Golru, in this Special Edition on Causation, presents a comparative analysis of the role of genetic marker evidence in toxic tort cases throughout Australia and the United States. Sara identifies inconsistencies in ...Open AccessArticle -
Conflicts and Tentative Solutions to Protecting Personal Data in Investment Arbitration
Published 2021Abstract Personal data protection in investment arbitration is increasingly important as more and more countries enact mandatory personal data protection laws and the COVID-19 pandemic makes online hearings the new normal. ...Article -
The Constitutional Court and Minority Rights: Analysing the Recent Homosexual Sex and Indigenous Belief Cases
Published 2019This chapter focuses on two Constitutional Court cases handed down in late 2017 involving two other broad minority groups, upon whose interests the Constitutional Court had not previously adjudicated. These cases drew ...Open AccessBook chapter -
Implementing Treaties in Domestic Law: Translation, Enforcement and Administrative Law
Published 2018In this paper, we analyse the ability of private individuals and organisations to enforce Australia's treaty commitments, as referenced in domestic statutes. More particularly, we analyse the contribution of administrative ...Open AccessArticle -
Indonesia's Anti-corruption Courts and the Persistence of Judicial Culture
Published 2019Indonesia has long been notorious for having very high levels of public sector corruption. Two key institutions were established after Soeharto: the Anti-corruption Courts (ACCs) and the Anti-corruption Commission (Komisi ...Open AccessBook chapter -
Indonesian Law
Published 2018Indonesia has a growing population of almost 300 million people, it is increasingly involved in world affairs, and has a booming economy. The need to better understand its unique, complex, and often obscure legal system, ...Book -
The Life and Times of the Genuine Link
Published 2018The genuine link principle has become a standard-bearer for the view that citizenship is, or should be, substantive, in the sense that it is conditioned on the existence of certain "social facts". As such, it has become a ...Open AccessArticle -
Pre-recorded expert evidence in intimate partner violence cases
Published 2020-09-24This article makes a case for pre-recorded, modularized expert evidence as a way to improve access to justice in some intimate partner violence (IPV) cases. Knowledge about the effects and dynamics of IPV regularly plays ...Open AccessPreprint -
Regulating so Used Batteries Safely Become a Feedstock for New Products: Issues Paper Arising from the ABRI/University of Sydney Stakeholder Workshop
Published 2023-01-16Many processes associated with end of life management of batteries such as applying for planning approvals and licences can already be clearly documented. The purpose of this workshop was to critically examine the underlying ...Open AccessWorking Paper -
Regulating the Use of Genetic Information in the Life Insurance Industry
Published 2020-01-01Sara Golru explores the Australian life insurance industry’s treatment of genetic information in the underwriting process. The Australian life insurance industry has struggled to keep up with scientific and international ...Open AccessArticle -
Religious Conservatism, Islamic Criminal Law and the Judiciary in Indonesia: A Tale of Three Courts
Published 2018This article discusses three Indonesian court cases decided in 2017 in which the interests of conservative Muslims were supported. In the first, the Constitutional Court was asked to expand the definition of various moral ...Open AccessArticle -
The Rule of Law and Anti-Corruption Reforms under Yudhoyono: The Rise of the KPK and the Constitutional Court
Published 2015President Susilo Bambang Yudhoyono came to office at a pivotal time for rule-of-law and anti-corruption reforms in Indonesia. The two institutions at the forefront of these reforms were already established by the time he ...Open AccessBook chapter -
What Makes a Good Judge? Perspectives from Indonesia
Published 2021In May 2018, Artidjo Alkostar retired from the Supreme Court of Indonesia after a judicial career spanning almost two decades. Over this period, he presided over many of Indonesia’s most prominent and controversial criminal ...Open AccessArticle