{"title":"'They Took Our Flag!' Should Northern Ireland's Decision-Makers View Mnemonic Heritage Emblems as 'Cultural Easements' in International Law?","authors":"A. Diver","doi":"10.2139/ssrn.3416458","DOIUrl":"https://doi.org/10.2139/ssrn.3416458","url":null,"abstract":"This article looks to the recent ‘removed flag’ controversies in Northern Ireland to argue that post-conflict decision-making should be underpinned by principles of international human rights law and by a checklist of fiduciary obligations for decision-makers to actively peace-keep. Useful guidance on cultural property rights is drawn upon from amongst indigenous case law on cultural easements; political decision-makers are framed as the trustees of a peace process that morally obliges them to maintain a meaningful level of community involvement and consensus and that is underpinned by post-conflict norms of tolerance and mutual respect. The article argues that long-held ‘other-side’ fears and perceptions should be afforded a meaningful level of respect, as should symbolic items of cultural heritage that ‘belong’ to newly minoritised sections of the community.","PeriodicalId":42439,"journal":{"name":"Macquarie Law Journal","volume":"13 1","pages":"79-97"},"PeriodicalIF":0.0,"publicationDate":"2014-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68591870","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"From 'Command-and-control' to 'Open Method Coordination': Theorising the Practice of Regulatory Agencies","authors":"V. Nagarajan","doi":"10.2139/SSRN.2310430","DOIUrl":"https://doi.org/10.2139/SSRN.2310430","url":null,"abstract":"The role of regulatory agencies has increased rapidly over the last century and so too has their powers. The Australian Competition and Consumer Commission (ACCC), as one of Australia’s main economic regulators, is a good illustration of these changes. Using the ACCC as an example, this article explores some of these changes to governance strategies that have occurred over the last four decades and the role of regulatory theory in contextualising these changes.","PeriodicalId":42439,"journal":{"name":"Macquarie Law Journal","volume":"8 1","pages":"5"},"PeriodicalIF":0.0,"publicationDate":"2008-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68089744","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Globalisation and the quest for social and environmental justice : the relevance of international law in an evolving world order","authors":"S. Alam, Natalie Klein, Juliette Overland","doi":"10.4324/9780203836927","DOIUrl":"https://doi.org/10.4324/9780203836927","url":null,"abstract":"1. Achieving Social and Environmental Justice through the Many Dimensions of Globalisation: An Elusive or Achievable Quest? Shawkat Alam, Natalie Klein and Juliette Overland 2. 'Globalized Localisms': Three Phases of Environmental Governance for Biodiversity Protection, Lee Godden 3. Global Standards and Specific Needs: Protection of the Marine Environment Through Particularly Sensitive Sea Areas, Natalie Klein 4. Blue Oil: Water Resources, Social Justice and the International Law on Foreign Investment, Kate Miles 5. Economic Globalization: Rethinking Its Promises for Economic and Social Development from a Developing Country Perspective, Shawkat Alam 6. Standards in the WTO - Attitudes to Biotechnology, Joseph A. McMahon 7. Embedding the Neoliberal Transformation of Government Services through Trade in Services Agreements, Jane Kelsey 8. A Multi-Faceted Journey: Globalisation, Transnational Corporations and Corporate Social Responsibility, Juliette Overland 9. Globalisation and Intellectual Property Rights: The Struggle of Developing Countries to Influence TRIPS, Carlos M. Correa 10. Globalisation and Children's Rights: The Case of Child Labour, Sumaiya Khair 11. Gender and Globalisation: Engendering Social and Environmental Justice through Globalising Women's Human Rights, Erika George 12. ' \"Why do they Hate us?\" ... They Hate our freedoms': The Globalisation of Terrorism and Counter-Terrorism, Ben Saul 13. Harbingering a New Paradigm of Global Governance: The Role of NGOs in Shaping International Law and Relations in the 21st Century, M. Rafiqul Islam 14. The Challenges of Globalisation and International Law: The Way Forward, Ved P Nanda","PeriodicalId":42439,"journal":{"name":"Macquarie Law Journal","volume":"5 1","pages":"1"},"PeriodicalIF":0.0,"publicationDate":"2007-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70597495","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The rule of law and the separation of powers","authors":"R. Bellamy","doi":"10.4324/9781315085302","DOIUrl":"https://doi.org/10.4324/9781315085302","url":null,"abstract":"Contents: Introduction: the rule of law as the rule of persons. Defining the Rule of Law: On the moral status of the rule of law, Matthew H. Kramer Reconsidering the rule of law, Margaret Jane Radin The rule of law and its virtue, Joseph Raz Formal and substantive conceptions of the rule of law: an analytical framework, Paul Craig Is the rule of law an essentially contested concept (in Florida)?, Jeremy Waldron. The Rule of Law and Judicial Discretion: Freedom and the rule of law, F.A. Hayek Judicial discretion, Ronald Dworkin The 3rd theory of law, J.L. Mackie Incompletely theorised agreements, Cass R. Sunstein Stability and change in judicial decision-making: incrementalism or stare decisis?, M. Shapiro. The Separation of Powers: The political form of the constitution: the separation of powers, rights and representative democracy, Richard Bellamy Separation of powers and constitutional government, Eric M. Barendt On speaking softly and carrying big sticks: neglected dimensions of a republican separation of powers, John Braithwaite A revisionist view of the separation of powers, Geoffrey Brennan and Alan Hamlin Institutionalising the public interest: the defense of deadlock and beyond, Robert E. Goodin. Parliamentarianism and Federalism: The new separation of powers, Bruce Ackerman Constitutionalism and the many faces of federalism, Koen Lenaerts Name index.","PeriodicalId":42439,"journal":{"name":"Macquarie Law Journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2005-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70627640","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}