The University of Queensland law journal最新文献_第2页

Systems metabolic engineering for one-carbon (C1) utilization metabolism 一碳（C1）利用代谢系统代谢工程

The University of Queensland law journal Pub Date : 2023-12-15 DOI: 10.14264/980b60d

Bingqing He

引用次数: 0

Japan's Pacificism as National Identity and a 'Normal' Security Option 作为国家认同和 "正常 "安全选项的日本太平洋主义

The University of Queensland law journal Pub Date : 2023-11-29 DOI: 10.38127/uqlj.v42i3.8551

Simon Miller

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引用次数: 0

Building Tolerance into Hate Speech Laws 将宽容纳入仇恨言论法

The University of Queensland law journal Pub Date : 2023-11-28 DOI: 10.38127/uqlj.v42i3.8537

Nicholas Aroney, Paul Taylor

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引用次数: 0

Trans-Tasman Challenge 跨塔斯曼挑战赛

The University of Queensland law journal Pub Date : 2023-11-28 DOI: 10.38127/uqlj.v42i3.8539

Reid Mortensen

{"title":"Trans-Tasman Challenge","authors":"Reid Mortensen","doi":"10.38127/uqlj.v42i3.8539","DOIUrl":"https://doi.org/10.38127/uqlj.v42i3.8539","url":null,"abstract":"The Trans-Tasman Proceedings Acts took effect in Australia and New Zealand in 2013, and since then have created a well-functioning trans-Tasman judicial area in which the process of all Australian and New Zealand courts can be served, and the judgments of all of those courts can be enforced, anywhere in New Zealand or Australia. The unquestioned jurisdiction that is given to all Australian and New Zealand courts in trans-Tasman cases is also limited only by principles of forum conveniens and the enforcement of choice of court agreements. In Zurich Insurance Company Limited v Koper (‘Zurich Insurance’), the validity of the Australian rules of jurisdiction under the Trans-Tasman Proceedings Act 2010 (Cth) was challenged. The New South Wales courts and the High Court of Australia all rejected the challenge. This article is an account of the constitutional considerations that were canvassed throughout the Zurich Insurance litigation, including the possibility that a High Court majority recognised a positive constitutional implication when upholding the personal jurisdictions created by the Trans-Tasman Proceedings Act 2010 (Cth) and the recognition of a federal power to extend the jurisdiction of state courts in all international cases. It also undertakes an analysis of the private international law issues of Zurich Insurance: the clarification of the effect of the Trans-Tasman Proceedings Acts; and the unsatisfactory conclusions reached on the territorial application of the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) — the issue that forced the need to consider the validity of the Trans-Tasman Proceedings Act 2010 (Cth) in the first place. In this respect, a plea is made for Australian state parliaments and courts to avoid extra-territorial overreach in the application of state legislation.","PeriodicalId":83293,"journal":{"name":"The University of Queensland law journal","volume":"29 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139219483","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}

引用次数: 0

Sovereignty under the Australian Constitution 澳大利亚宪法下的主权

The University of Queensland law journal Pub Date : 2023-11-14 DOI: 10.38127/uqlj.v42i3.8471

Jonathan Crowe

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引用次数: 0

Vanuatu Leads Drive to Secure an Opinion from the International Court of Justice on State Responsibilities to Turn Words into Action on Climate Change 瓦努阿图带头争取国际法院就国家责任发表意见，将气候变化问题化言为行

The University of Queensland law journal Pub Date : 2023-11-11 DOI: 10.38127/uqlj.v42i3.8641

Sue Farran

{"title":"Vanuatu Leads Drive to Secure an Opinion from the International Court of Justice on State Responsibilities to Turn Words into Action on Climate Change","authors":"Sue Farran","doi":"10.38127/uqlj.v42i3.8641","DOIUrl":"https://doi.org/10.38127/uqlj.v42i3.8641","url":null,"abstract":"In 2022, the Pacific-island State of Vanuatu declared a climate emergency. Though it is not the first nation to do so, the difference is that Vanuatu has been instrumental in getting the United Nations General Assembly ('UNGA’) to refer the issue of climate change to the International Court of Justice (‘ICJ’) for an Opinion. The intention to do this was first mooted by a civil organisation of young people: ‘The Pacific Island Students Fighting Climate Change’. The proposal gathered momentum with an alliance of civil society actors and subsequently other states supporting and co-sponsoring the resolution passed by UNGA. The Paris Agreement and Paris Rulebook are steps forward but need implementation. A legal framing of international obligations could advance this. While an ICJ opinion would have no legally binding effect, it could nevertheless be of some practical benefit in a context where there is increasing recognition of the link between existing human rights and the environment and growing demand — particularly by those most adversely affected — for translating promises into action. This article considers the imperatives behind this call to the ICJ, the potential challenges that may be raised before the Court, and the possible outcomes for this initiative.","PeriodicalId":83293,"journal":{"name":"The University of Queensland law journal","volume":"87 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139279966","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}

引用次数: 0

Foreword to Special Issue 特刊前言

The University of Queensland law journal Pub Date : 2023-11-11 DOI: 10.38127/uqlj.v42i3.8643

Anthony Cassimatis

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Indirect Impacts of Climate Change Litigation 气候变化诉讼的间接影响

The University of Queensland law journal Pub Date : 2023-11-06 DOI: 10.38127/uqlj.v42i3.8437

Yvonne Breitwieser-Faria

引用次数: 0

The Girl with the Titanium Heart: the effect of bringing magic realism to young adult trauma fiction 《钛心少女》：魔幻现实主义对青少年创伤小说的影响

The University of Queensland law journal Pub Date : 2023-11-03 DOI: 10.14264/fcdead7

Taryn Bashford

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Screen Scraping in Australian Finance 澳大利亚金融的屏幕抓取

The University of Queensland law journal Pub Date : 2023-10-02 DOI: 10.38127/uqlj.v42i2.7193

Ross P. Buckley, Natalia Jevglevskaja

引用次数: 0