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1
Hanemann, Michael, and Michael Young. "Water rights reform and water marketing: Australia vs the US West." Oxford Review of Economic Policy 36, no. 1 (2020): 108–31. http://dx.doi.org/10.1093/oxrep/grz037.
Повний текст джерелаАнотація:
Abstract We consider the connection between water marketing and the modification of property rights to water in Australia, highlighting the Australian’s distinctiveness through a contrast with water rights in the western US (especially California). Australia started out the same as California, but in the 1880s it abandoned California’s system and adopted a new approach, ending the common law property right to water and creating a statutory right that could be modified by administrative fiat. This shifted the arena for dispute resolution from courts to parliaments. It eliminated the seniority inherent in appropriative water rights and it sidelined issues of third-party impacts. Another difference was the tight control of irrigation institutions by state governments and the national government’s willingness to intervene in state and local water management. Australian water reform was wrapped in politics. When there were successes, this is because the politics were managed adroitly; when political challenges proved insurmountable, reform stalled.
2
Banner, Stuart. "Why Terra Nullius? Anthropology and Property Law in Early Australia." Law and History Review 23, no. 1 (2005): 95–131. http://dx.doi.org/10.1017/s0738248000000067.
Повний текст джерелаАнотація:
The British treated Australia as terra nullius—as unowned land. Under British colonial law, aboriginal Australians had no property rights in the land, and colonization accordingly vested ownership of the entire continent in the British government. The doctrine of terra nullius remained the law in Australia throughout the colonial period, and indeed right up to 1992.
3
Babie, Paul, Paul Leadbeter, and Kyriaco Nikias. "Property, Unbundled Water Entitlements, and Anticommons Tragedies: A Cautionary Tale From Australia." Michigan Journal of Environmental & Administrative Law, no. 9.1 (2020): 107. http://dx.doi.org/10.36640/mjeal.9.1.property.
Повний текст джерелаАнотація:
As water becomes an increasingly scarce resource, a lack of clarity in relation to its use can produce both conflict among and inefficient use by users. In order to encourage markets in water and to ensure the viability and functionality of those markets, governments in many jurisdictions have moved away from commons property as a means of water allocation, and towards systems of private property in water. In doing so, one policy and legal option is “unbundling”, which seeks carefully to define both the entitlement to water and its separation into constituent parts. Advocates claim that unbundling makes water rights easier to value, monitor, and trade. But is unbundling the most efficient means of allocating water use rights? Or might such fragmentation produce what has come to be called an “anticommons tragedy”? To answer these questions, this article contains four parts. The Introduction provides the legal background to the modern means of allocating the use of water amongst competing, or rivalrous, users. Part I considers the theoretical nature of property, and the way in which such theory might be extended to water allocation through unbundling. Part II presents unbundling as it has been implemented in the Australian state of South Australia. This allows us to assess the extent to which the stated policy rationale for unbundling—certainty and transferability of entitlements—has been achieved and the extent to which this is a desirable outcome. Our analysis can be applied to any jurisdiction, most notably the arid and semi-arid southwestern United States, considering unbundling as a legal and policy option for the allocation of water use. The Conclusion reflects upon the potential for unbundling water entitlements in arid or semi-arid environments. The South Australian experience reveals a reluctance to embrace unbundling, both on the part of the state in terms of implementing, and on the part of market actors holding existing proprietary interests in water. This reluctance ought to be viewed by other jurisdictions as a warning about the effectiveness and efficiency of unbundling. We show that unbundling efforts may not only fail to provide efficiency gains, but also, and much more worryingly, may in fact drive anticommons tragedies that entirely inhibit any beneficial use. We propose that our anecdotal and theoretical analysis of South Australia requires empirical research both in Australia and in other jurisdictions climatologically, hydrologically, and in underlying legal framework, similar to Australia. Such empirical research will test our conclusions in relation to South Australia, both in respect to the operation of the water market and as to the behavior of market actors.
4
Keyzer, Patrick. "Freedom of speech issues in Peach v Toohey and a hypothetical variant of that case." Pacific Journalism Review : Te Koakoa 10, no. 1 (April 1, 2004): 139–52. http://dx.doi.org/10.24135/pjr.v10i1.784.
Повний текст джерелаАнотація:
The purpose of this article is to consider the tensions within Australian free speech jurisprudence based on a hypothetical variant of the facts of the decision of the Supreme Court of the Northen Territory in Peach v Toohey. In particular, this article briefly explores the competing legal interests that operate when journalists seek access to restricted areas, in this case aborginal land, in the course of an investigation. After considering the case and the issues it raises the author develops a hypothetical that draws out some of the deeper tensions in this area of the law. The article concludes with proposals for new apporoaches to the test developed by the High Court of Australia in Lange v Australian Broadcasting Corporation for the balancing of freedom to discuss political and governmental affairs—including the public right to know — against other legitimate objectives such as the maintence of property rights and the privacy interests that can be associated with propety rights.
5
Gray, Anthony Davidson. "Forfeiture Provisions and the Criminal/Civil Divide." New Criminal Law Review 15, no. 1 (January 1, 2012): 32–67. http://dx.doi.org/10.1525/nclr.2012.15.1.32.
Повний текст джерелаАнотація:
The Australian Government has recently implemented civil forfeiture provisions for property suspected to have been acquired unlawfully. The Australian Federal Police may seek a preliminary unexplained wealth order. The Court may make such an order if there is evidence the wealth may have been acquired from unlawful means. Once the order is made, a full hearing takes place. There it is presumed that such property was unlawfully gained, unless the person who owns the property can show otherwise. Such proceedings can take place without the property owner being charged. The article considers the historical basis of such orders, and their use in the United States and United Kingdom. It is argued that such proceedings are in fact criminal in nature, despite how they are labelled. The article engages with the discusssion in the larger context of the divide between criminal and civil, and whether some “middle ground” should be acknowledged. If forfeiture provisions are in substance criminal, perhaps due process obligations apply, including the presumption of innocence. This argument is more difficult in Australia, given the lack of an express bill of rights. However, it can be argued from previous cases that there is an implicit right to a fair trial, including a presumption of innocence.
6
Krever, Richard, and Kerrie Sadiq. "Non-Residents and Capital Gains Tax in Australia." Canadian Tax Journal/Revue fiscale canadienne 67, no. 1 (April 2019): 1–22. http://dx.doi.org/10.32721/ctj.2019.67.1.krever.
Повний текст джерелаАнотація:
The evolution of capital gains taxation in Australia parallels that in Canada in many respects. Federal income taxes were adopted in both countries during the First World War, and in both jurisdictions the courts interpreted the term "income," the subject of taxation, using United Kingdom judicial concepts that excluded capital gains from the tax base. In the last quarter of the 20th century, both countries amended their income tax laws to capture capital gains, and in both countries concessional rates apply. Initially, the Australian capital gains tax regime had rules that paralleled those in Canada in respect of the application of capital gains tax measures to non-residents, and the list of assets that might generate a capital gains tax liability for non-residents was similar in both countries. Australia changed course just over a decade ago with a decision to limit the income tax liability of non-residents in respect of capital gains to gains on land and land-rich companies alone, albeit with an extended definition of land to capture directly related interests such as exploration and mining rights. Consequently, until this decade, reform of Australia's regime imposing capital gains tax on non-residents focused on the concept of source as a primary driver, with the categories of taxable assets being gradually reduced. However, after more than a decade of unprecedented increases in housing prices in Australia, reform has moved away from addressing source to integrity matters. In Australia, as in Canada, there has been considerable investment in property, particularly residential property, by non-residents in recent years, and the government has sought ways to enhance the enforcement and integrity of the capital gains tax rules applying to non-residents disposing of Australian real property. Since 2013, Australia has proposed three separate measures to ensure integrity within this regime: removal of a concessional rate, introduction of a withholding tax, and removal of the principal residence exemption for non-residents. This article considers the history and development of Australia's capital gains tax regime as it applies to non-residents and examines the recent shift in focus from what is captured in the capital gains source rules to integrity provisions adopted to achieve both compliance and geopolitical objectives.
7
Malbon, Justin. "The Australia-United States Free Trade Agreement: Trade Trumps Indigenous Interests." Media International Australia 111, no. 1 (May 2004): 34–45. http://dx.doi.org/10.1177/1329878x0411100106.
Повний текст джерелаАнотація:
This article argues that the Australia–United States Free Trade Agreement (AUSFTA) selectively recognises and affirms international conventions and agreements that promote the narrow economic self-interests of powerful groups. It does this whilst disregarding those international instruments — including the Convention on Biological Diversity and the UNESCO Universal Declaration on Cultural Diversity — that seek to recognise and promote the cultural and intellectual property rights of Indigenous people. Although AUSFTA does make some concessions for Indigenous interests by providing negative exemptions from the chapters dealing with trade in services, government procurement and investment, these concessions are relatively weak in the face of the Agreement's pursuit of free trade. Using the model of Chapter 19, which imposes positive obligations on the United States and Australia to promote environmental interests, it is proposed that future Australian FTAs should enunciate positive obligations for Australia's Indigenous people.
8
Sheehan, John, and Jasper Brown. "Flood risk management: Property rights-focussed instruments in Australia." Environmental Science & Policy 119 (May 2021): 12–17. http://dx.doi.org/10.1016/j.envsci.2020.11.008.
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9
Maskus, Keith. "Strengthening Intellectual Property Rights in Asia: Implications for Australia." Australian Economic Papers 37, no. 3 (September 1998): 346–61. http://dx.doi.org/10.1111/1467-8454.00025.
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10
Holmes, JH, and LDP Knight. "Pastoral Lease Tenure in Australia: Historical Relic or Useful Contemporary Tool?" Rangeland Journal 16, no. 1 (1994): 106. http://dx.doi.org/10.1071/rj9940106.
Повний текст джерелаАнотація:
Pastoral leasehold has evolved as the vehicle for the flexible award of property rights and duties in Australia's rangelands capable of serving as an effective public policy instrument while meeting the needs of titleholders. These capabilities were most clearly revealed during the interventionist phase of planned closer settlement. With the loss of policy momentum directed towards further pastoral development and closer settlement, leasehold tenure appeared to be in danger of becoming a bureaucratic anachronism. More recently, however, the sharply escalating revival of public interest in the rangelands is forcing a re- examination of property rights, with renewed interest in lease tenures as policy instruments, within a context of multiple values and uses, many not being readily tied to private land title. We examine the theoretical arguments as well as the pragmatic case for retaining a distinctive regime of limited property rights in Australia's rangelands, focusing on the following issues: matching property rights with resource contexts; balancing internalities and externalities; timing the award of property rights; specificity and flexibility; coordinated administration; and perceptions and expectations. We conclude by identifying the core attributes of an effective property-rights regime based on lease title. These attributes are: clear specification of the property rights of the lessee, designed to meet the resource needs of the enterprise; performance standards with increasing emphasis on sustainable use; capacity to award additional rights, where additional resources can be internalised effectively; specification of the rights of other interest-groups; powers of resumption for more intensive uses; powers to revise lease conditions; and payment of an annual rent. We foresee the revival of the leasehold system as a mechanism for defining property rights and duties precisely, and as an instrument for delivering policies on a wide range of issues concerning the management and use of the rangelands.
11
Funnell, Warwick. "ACCOUNTING AND THE PURSUIT OF UTOPIA: THE POSSIBILITY OF PERFECTION IN PARAGUAY." Accounting Historians Journal 31, no. 1 (June 1, 2004): 57–91. http://dx.doi.org/10.2308/0148-4184.31.1.57.
Повний текст джерелаАнотація:
For utopian socialists the capitalist state's protection and promotion of property rights is the source of entrenched injustice that alienates individuals from their fundamentally moral nature. Substituting cooperative associations for competition as the basis of economic exchange and social relations would allow justice to be reasserted and society to operate on moral principles. In the late 19th century an attempt was made by a small group of idealistic Australian socialists to put these principles into practice in the jungles of Paraguay by establishing the utopian colonies of New Australia and Cosme. An essential ingredient to their vision was a system of exchange in which goods and services were valued, following Ricardo and Marx, according to their labor content or labor value. This required new forms of accounting to communicate and enhance a set of values, ideals and permitted behavior which was very different from that associated with capitalism. Accounting was also to prove critical to the survival of the colonies beyond their initial establishment by the legitimacy it afforded the decision to revoke the right of members, who withdrew, to a share of assets. The accounting system used at Cosme demonstrated a sophisticated understanding that the contributions of accounting were not dependent on private property.
12
Arvanitakis, James, and Spike Boydell. "The miner and the activist: an Australian parable for our carbon constrained world." Journal of Political Ecology 17, no. 1 (December 1, 2010): 59. http://dx.doi.org/10.2458/v17i1.21699.
Повний текст джерелаАнотація:
This paper reviews the meaning of carbon by applying five broad questions to this controversial substance: what is land; what is property; what is ownership; what is value; and what are property rights? By exploring each of these questions, we aim to show that a multidimensional and complex understanding is required for effective policy discussions to confront the challenge of global warming. We engage the perspective of a miner and an environmental activist to illustrate the tensions relating to carbon pollution in an era of climate change, and in so doing we offer a parable for our carbon constrained world. We conclude by considering the implications of property rights for carbon for polluters, governments, people as individuals with a right to breathe clean air, as well as the global commons and other species.Key Words: Carbon, pollution, land, ownership, property rights, value
13
Sheehan, J. "Indigenous property rights and river management." Water Science and Technology 43, no. 9 (May 1, 2001): 235–42. http://dx.doi.org/10.2166/wst.2001.0548.
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The presence of indigenous property rights and interests arising from the survival of native title in Australia presents unique issues in the management of rivers and riverine lands. Existing common law and statutory tidal and non-tidal rights are a complex overlay of public and private property rights which are themselves undergoing significant change through the commodification of many natural resources by Commonwealth and State governments, such as marine species stock and non-tidal water. The melding of indigenous values and management practices with existing management regimes for rivers and riverine lands offers considerable potential for both sustainability of resource utilisation, and respect and recognition of native title with resultant predicted benefits in the vexed area of compensation.
14
Pagan, Phillip, and Lin Crase. "Property Right Effects on the Adaptive Management of Australian Water." Australasian Journal of Environmental Management 12, no. 2 (January 2005): 77–88. http://dx.doi.org/10.1080/14486563.2005.10648637.
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Richardson, Megan. "Sui Generis Intellectual Property Law Reform: Issues for Australia." Victoria University of Wellington Law Review 32, no. 1 (March 5, 2001): 19. http://dx.doi.org/10.26686/vuwlr.v32i1.5904.
Повний текст джерелаАнотація:
This article begins by describing the current range of intellectual property rights in Australia (statutory and common law/equity), then canvasses recent reforms that seek to address some of the problems raised by new innovation practices. A particular focus of the article is the piecemeal nature of the law reform process which continues to treat the law in this area in a highly compartmentalised fashion. Some tentative proposals for improvement are made at the end.
16
Maddox, Neil. "Property, Control and Separated Human Biomaterials." European Journal of Health Law 24, no. 1 (December 20, 2017): 24–45. http://dx.doi.org/10.1163/15718093-12341411.
Повний текст джерелаАнотація:
This article examines the relationship between the existence of control rights and property in separated human biomaterials. Much of the theory as to what constitutes property is examined and it is contended that Article 22 of the Convention on Human Rights and Biomedicine does not presuppose property in such materials. An analysis is undertaken of the case-law relating to control and property in sperm and embryos from the uk, Australia and the us and the shortcomings of utilising the property paradigm in these disputes are highlighted.
17
Given, Jock. "‘Not Unreasonably Denied’: Australian Content after Ausfta." Media International Australia 111, no. 1 (May 2004): 8–22. http://dx.doi.org/10.1177/1329878x0411100104.
Повний текст джерелаАнотація:
The text of the Australia–United States Free Trade Agreement (AUSFTA), released in early March 2004, makes more concessions than many in Australia's audiovisual and cultural industries might have hoped, but less than they feared. Its precise impact will depend on how ‘new media’ replaces, subsumes or supplements ‘old media’, and how quickly. AUSFTA institutionalises much lower aspirations about the level of Australian content in emerging media systems than Australians have come to expect in broadcast television. Some will interpret this simply as an articulation of the policy impotence which will inevitably flow from technological change. Others will recognise it as a partial, but historic, concession of Australian policy capacity and a broad acceptance of the long-standing US agenda for the information economy — long and tough protections for intellectual property rights, but increasingly liberal global markets for trading them. This article explains the provisions of AUSFTA and examines their effect on Australian audiovisual and cultural activities.
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Mortensen, Jens Ladefoged, and Leonard Seabrooke. "Housing as Social Right or Means to Wealth? The Politics of Property Booms in Australia and Denmark." Comparative European Politics 6, no. 3 (August 27, 2008): 305–24. http://dx.doi.org/10.1057/cep.2008.13.
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Nizov, Vladimir. "Public Property in Australia and Russia: The Concept and the Role of the Constitution." Russian Law Journal 7, no. 2 (May 30, 2019): 5–52. http://dx.doi.org/10.17589/2309-8678-2019-7-2-5-52.
Повний текст джерелаАнотація:
The modern democratic state embodies the concept of the state as a service. For this reason, the administration of public property is one of the major issues related to the efficiency of public authority. Common law countries and post-Soviet countries have completely different legal explanations and bases for public property. This article takes a comparative approach, showing similarities and differences in the public property regimes in these two systems.This article investigates why the two systems have different approaches to public property issues and how the differing experiences result in differing implementation. Australia and Russia have been chosen as examples of a common law system and the post-Soviet system, respectively. In addition to property regimes, this paper also discusses federalism issues.An analysis of these countries’ historical development permits a significant enhancement of the philosophical and legal understanding of property, especially public property. Protection of private property in Russia was very strong by 19th century standards. However, the Russian Empire fell behind in questions of public property compared to its protection of private property, and also compared to other systems outside of Russia. Some aspects of dealing with the most critical natural resources expand public property regulation issues into the constitutional sphere. Public property issues need constitutional justification in both Australia and Russia. However, Russia has constitutional provisions that provide the categories of property rights existing in its domestic law, while a great deal of effort was required in Australia to create the constitutional basis for water resources administration.
20
Mehdi Amirmahmoudi & Md. Zafar Mahfooz Nomani. "Access & Benefit Sharing Provisions Under Biodiversity Conservation Law in Australia & Its Implications for India." Legal Research Development 2, no. IV (June 30, 2018): 35–46. http://dx.doi.org/10.53724/lrd/v2n4.06.
Повний текст джерелаАнотація:
Australia played a major role in the developing ABS framework under biodiversity conservation law. Australia is a megadiverse country with complex ABS experience and possessed huge support from the biodiversity stakeholders. Australia has adopted the regulations regarding access benefit sharing under article 15 of CBD, 1992. The Australian legislation is in compliance with PIC and MAT. The agreement reaffirms faith in CBD, 1992, Bonn Guidelines, 2001 and Nagoya Protocol, 2009. The government system of Australia is a constitutional federation which is made up of six sovereign governments, two autonomous territories, and a national government. It has a ‘common law’ system adopted from Britain. Australia’s experience is extensive with ABS to draw lessons about developing an effective institutional mechanism for public and private sector with equitable benefit sharing in scientific and commercial access. The access and benefit sharing provisions under biodiversity conservation law in Australia have potential impact to design its national laws and policies for India by synergizing environmental law and intellectual property rights in a sustainable framework.
21
Devarapalli, Pratap, and Seema Soni. "Design rights for Start-ups: Drawing a line of protection." International Journal of Innovation 7, no. 2 (April 4, 2019): 312–20. http://dx.doi.org/10.5585/iji.v7i2.332.
Повний текст джерелаАнотація:
Designs are considered as one of the imperative aspects of a business. Design rights as a branch of Intellectual property rights plays a crucial role in protecting unique designs from infringement. In this regard, design rights have become increasingly important for designers and businesses all over the globe. Primarily, this article provides an overview of design law and registration process in Australia with an emphasis on Start-ups and SMEs. Secondly, this article provides insights on design registration trends of Start-ups and SMEs in Australia. Thirdly, the study provides the importance of designs as an intellectual property for Start-ups and SMEs. Further, the study sheds some light on how registered designs can be used as collaterals.
22
Chan, Gary KY. "Corporate defamation: reputation, rights and remedies." Legal Studies 33, no. 2 (June 2013): 264–88. http://dx.doi.org/10.1111/j.1748-121x.2012.00258.x.
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This paper examines fundamental issues concerning a corporation's right to sue for defamatory attacks on its reputation, the scope of the right and the remedies available. It first outlines the opposed positions in England and Australia, respectively. It also argues that a corporation, save for a government corporation that exercises governmental functions based on markedly different rationales, should have the right to sue in defamation premised on the concept of corporate reputation as property and for the purpose of vindicating its reputation. On the question of remedies, a corporation should be entitled to recover special damages as reparation for damage to reputation provided they are proved. This paper considers, instead of presumed damages, alternative remedies for vindicating corporate reputation. Finally, it examines the business and non-business reputations of both trading and non-trading corporations in relation to claims for damages.
23
Milo, Michael. "A.R. Buck, John McLaren and Nancy E. Wright, Land and Freedom. Law, Property Rights and the British Diaspora." European Review of Private Law 13, Issue 1 (February 1, 2005): 78–81. http://dx.doi.org/10.54648/erpl2005005.
Повний текст джерелаАнотація:
This book deals with the clash between the claims of western settlers for land and those of the indigenous inhabitants of Australia, New Zealand, Canada and the USA. It is about property law, particularly property rights in land, and in the diversity of its analyses, it skilfully shows that property rights are subject to ideological conceptions as to how society should be organized. It is at the same time also an historic research into the developments about the thinking on property rights in land. Law, political science and historic research form an excellent amalgam. This book is indeed very interesting.
24
Upreti, Pratyush Nath. "Trade Mark Restrictions under the TRIPS Agreement: The WTO Panel Findings on Australia’s Tobacco Plain Packaging Legislation." Journal of World Trade 54, Issue 2 (April 1, 2020): 239–64. http://dx.doi.org/10.54648/trad2020011.
Повний текст джерелаАнотація:
On 28 June 2018, the World Trade Organization (WTO) circulated the Panel Reports of the highly awaited Australia-Tobacco Plain Packaging disputes, adopted by the Dispute Settlement Body (DSB) on 27 August 2018. The decision was highly anticipated and significant in two aspects. First, it reaffirmed that the right to use a trademark is not a positive right; and tobacco plain packaging law does not come in conflict with relevant provision of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Second, it was perhaps the last opportunity for giant tobacco companies to set aside the law related to tobacco plain packaging. This article aims to analyze trade mark issues related to the Panel Reports on Australia’s tobacco plain packaging. The first section will provide a general background and briefly summarize the main findings of the Panel Reports. The second section will analyze the main arguments of parties and the Panel findings on the trade mark issues. Finally, the last section presents the most significant lessons and questions which require further attention.
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Christiansen, Thomas. "When Worlds Collide in Legal Discourse. The Accommodation of Indigenous Australians’ Concepts of Land Rights Into Australian Law." Studies in Logic, Grammar and Rhetoric 65, no. 1 (December 1, 2020): 21–41. http://dx.doi.org/10.2478/slgr-2020-0044.
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Abstract The right of Australian Indigenous groups to own traditional lands has been a contentious issue in the recent history of Australia. Indeed, Aborigines and Torres Strait Islanders did not consider themselves as full citizens in the country they had inhabited for millennia until the late 1960s, and then only after a long campaign and a national referendum (1967) in favour of changes to the Australian Constitution to remove restrictions on the services available to Indigenous Australians. The concept of terra nullius, misapplied to Australia, was strong in the popular imagination among the descendants of settlers or recent migrants and was not definitively put to rest until the Mabo decision (1992), which also established a firm precedent for the recognition of native title. This path to equality was fraught and made lengthy by the fact that the worldviews of the Indigenous Australians (i.e. Aborigines and Torres Strait Islanders) and the European (mainly British and Irish) settlers were so different, at least at a superficial level, this being the level at which prejudice is typically manifested. One area where this fact is particularly evident is in the area of the conceptualisation of property and especially the notion of land “ownership” and “use”. In this paper, we will focus on these terms, examining the linguistic evidence of some of the Australian languages spoken traditionally by Indigenous Australians as one means (the only one in many cases) of gaining an insight into their worldview, comparing it with that underlying the English language. We will show that the conceptualisations manifested in the two languages are contrasting but not irreconcilable, and indeed the ability of both groups of speakers (or their descendants in the case of many endangered Australian languages) to reach agreement and come to develop an understanding of the other’s perspective is reason for celebration for all Australians.
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Wright, Nancy E., and A. R. Buck. "Cross-cultural Conflict about Property Rights in Wild Animals in Australia: Law and Cinema." Law, Culture and the Humanities 16, no. 1 (January 11, 2016): 70–81. http://dx.doi.org/10.1177/1743872115625625.
Повний текст джерелаАнотація:
Pierson v. Post is widely known to both jurists and law students in relation to the question of property rights in wild animals. This article builds on Pierson v. Post and its literature by analyzing the question of ferae naturae in the context of settler and indigenous conflict on the Australian frontier in the nineteenth century. By examining both case law and the cinematic representation of the conflict over property rights on the frontier, it is argued that an understanding of the legal issues relating to ferae naturae is enhanced by an appreciation of the complexity of cross-cultural communication.
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Dye, Alan, and Sumner La Croix. "The Political Economy of Land Privatization in Argentina and Australia, 1810–1850: A Puzzle." Journal of Economic History 73, no. 4 (November 15, 2013): 901–36. http://dx.doi.org/10.1017/s0022050713000831.
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In early public land privatization, governments in New South Wales and Buenos Aires provided for de jure transfer of public lands. In New South Wales the government lost control; squatters rushed out unlawfully and seized de facto frontier claims. But in Buenos Aires privatization was accomplished by de jure transfers. Why did British settlers reject de jure transfers from a government, most able to secure property rights and rule of law, while settlers of the pampa frontier, where property-rights security was doubtful, complied with de jure transfers? We find that the revenue objective and violence on the frontier explain this puzzle.
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ALSTON, LEE J., EDWYNA HARRIS, and BERNARDO MUELLER. "The Development of Property Rights on Frontiers: Endowments, Norms, and Politics." Journal of Economic History 72, no. 3 (August 22, 2012): 741–70. http://dx.doi.org/10.1017/s0022050712000356.
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How do property rights evolve when unoccupied areas attract economic use? Who are the first claimants on the frontier and how do they establish their property rights? When do governments providede jureproperty rights? We present a conceptual framework that addresses these questions and apply it to the frontiers of Australia, the United States, and Brazil. Our framework stresses the crucial role of politics as frontiers develop by identifying situations where the competition for land by those withde factorights and those withde jurerights leads to violence or potential conflicts.
29
Varner, Tomas. "Personal non-property rights of Role and relevance of Australia and japan in civil rights." European Law Review 9, no. 1 (January 10, 2017): 01. http://dx.doi.org/10.21859/eulawrev-09015.
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Pigram, John J. "Property rights and water markets in Australia: An evolutionary process toward institutional reform." Water Resources Research 29, no. 4 (April 1993): 1313–19. http://dx.doi.org/10.1029/92wr02909.
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Briggs, Margaret. "Rethinking Relationships." Victoria University of Wellington Law Review 46, no. 3 (July 30, 2018): 649. http://dx.doi.org/10.26686/vuwlr.v46i3.4909.
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The Property (Relationships) Act 1976 is generally regarded as progressive and inclusive. The Act applies an equal property sharing regime to married spouses, civil union partners and de facto partners. It does not, however, recognise other sorts of close domestic relationships such as those between a parent and adult child or between siblings. This is in contrast to Australia where a number of jurisdictions have conferred relationship status on domestic relationships. This article considers whether there is a similar case to be made in New Zealand for extending property rights to people in domestic relationships.
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O'Dell, Eoin. "Property and Proportionality: Evaluating Ireland’s Tobacco Packaging Legislation." QUT Law Review 17, no. 2 (November 24, 2017): 46. http://dx.doi.org/10.5204/qutlr.v17i2.714.
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This article evaluates the constitutionality of the restrictions upon tobacco packaging in Ireland in the Public Health (Standardised Packaging of Tobacco) Act 2015 and Part 5 of the Health (Miscellaneous Provisions) Act 2017. Australia is the only country to have commenced this legislative process earlier, so the Irish experience (and, in particular, an analysis of the constitutionality of the Irish legislation) could provide a roadmap for other jurisdictions aiming to implement similar restrictions. This article concludes that public health and the protection of children constitute pressing and substantial reasons sufficient to justify as proportionate these Acts’ restrictions upon tobacco companies’ property rights protected by the Irish Constitution.
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Shojaei, D., H. Olfat, M. Briffa, and A. Rajabifard. "3D DIGITAL CADASTRE JOURNEY IN VICTORIA, AUSTRALIA." ISPRS Annals of Photogrammetry, Remote Sensing and Spatial Information Sciences IV-4/W5 (October 23, 2017): 117–23. http://dx.doi.org/10.5194/isprs-annals-iv-4-w5-117-2017.
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Land development processes today have an increasing demand to access three-dimensional (3D) spatial information. Complex land development may need to have a 3D model and require some functions which are only possible using 3D data. Accordingly, the Intergovernmental Committee on Surveying and Mapping (ICSM), as a national body in Australia provides leadership, coordination and standards for surveying, mapping and national datasets has developed the Cadastre 2034 strategy in 2014. This strategy has a vision to develop a cadastral system that enables people to readily and confidently identify the location and extent of all rights, restrictions and responsibilities related to land and real property. <br><br> In 2014, the land authority in the state of Victoria, Australia, namely Land Use Victoria (LUV), has entered the challenging area of designing and implementing a 3D digital cadastre focused on providing more efficient and effective services to the land and property industry. LUV has been following the ICSM 2034 strategy which requires developing various policies, standards, infrastructures, and tools. Over the past three years, LUV has mainly focused on investigating the technical aspect of a 3D digital cadastre. This paper provides an overview of the 3D digital cadastre investigation progress in Victoria and discusses the challenges that the team faced during this journey. It also addresses the future path to develop an integrated 3D digital cadastre in Victoria.
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Johnston, Nicole R., and Rebecca Leshinsky. "Gatekeeping information in the multi-owned property environment." Property Management 36, no. 5 (October 15, 2018): 506–20. http://dx.doi.org/10.1108/pm-04-2017-0025.
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Purpose The purpose of this paper is to examine the extent to which gatekeepers of information stymie due diligence investigations in the multi-owned property environment. Design/methodology/approach The study reviewed and analysed the relevant state legislative provisions providing statutory protections for (pre)purchasers of lots within the multi-owned property context. Further, an exploratory survey questionnaire was distributed to owners corporation (OC) managers in Victoria to gain knowledge and a greater understanding of the extent to which OC managers are gatekeepers of information. Findings The study emphasises how relevant state governments, OC managers and sellers of multi-owned properties (MOPs) are involved in gatekeeping activities. The governments have created a legislative framework that appears to offer “protections” to pre(purchasers), however, discretion and exemptions within the legislation can hinder the undertaking of due diligence investigations. OC managers are, generally, protective about the information in their custody and contribute to the gatekeeping environment by stymieing the dissemination of information. Originality/value To date, there has been a paucity of scholarly attention directed to understanding the barriers faced by purchasers when buying into the MOP environment. This paper contributes to the wider body of knowledge relating to purchasing decisions within the multi-owned property context. More specifically, gatekeeping theory is used in this context to highlight the barriers that stymie a buyer’s right to discover information and decide on their purchase. The findings of this study are relatable to other countries using a similar MOP structure as Australia.
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Parkinson, Patrick. "Constitutional Law and the Limits of Discretion in Family Property Law." Federal Law Review 44, no. 1 (March 2016): 49–75. http://dx.doi.org/10.1177/0067205x1604400103.
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The argument of this Article is that the width of discretion that trial judges have to alter property rights under the Family Law Act 1975 (Cth) (‘the Act’) has been overstated. The property aspects of the Act can only be valid to the extent to which the law is an appropriate application of the marriage and divorce powers in the Constitution or is within the boundaries of the States’ reference of powers about de facto relationships. These constitutional provisions place significant constraints upon judicial discretion. In relation to marriages, the need to adjust property rights must result from the circumstances of the marital relationship or be justified as a consequence of the financial impact upon a party of its breakdown. The authority of Parliament to make laws concerning the alteration of the property rights of de facto partners is limited to cases of relationship breakdown. Furthermore, the Family Court of Australia and the Federal Circuit Court of Australia are both Chapter III courts. That has implications for the kind of discretion that Parliament can lawfully confer upon the trial judge, and the limits of that discretion. Some recent dicta and decisions of the Full Court of the Court suggest a view of judicial discretion which, it is argued, is inconsistent with the nature of judicial power in a Chapter III court. The discretion of trial judges is fettered by three duties: The duty to follow the interpretation of the Act as established authoritatively by appellate decisions, taking account of guidelines in appellate judgments; the duty to give reasons that explain the outcome of the case, and in particular, to justify the alteration of legal and equitable interests in specific items of property; and the duty to avoid arbitrary and capricious decision-making. The current jurisprudence on family property law is not necessarily consistent with these constitutional limitations.
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Mazzola, Riccardo. "“I make an oath and say as follows”: Yolngu judicial discourse on sacred art and copyright." Oñati Socio-legal Series 10, no. 4 (August 1, 2020): 876–902. http://dx.doi.org/10.35295/osls.iisl/0000-0000-0000-1135.
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The main claim of this study is that a dynamic repertoire of Indigenous linguistic conducts and judicial strategies exists in Yolngu (Australia) artworks misappropriation cases discussed before Australian courts, and that its examination helps to clarify Indigenous perspectives on the property of sacred art. This essay – covering an almost untouched field in the literature on “Indigenous intellectual property” – enlightens Yolngu judicial strategies as their answer to the conundrum between the risk of a loss of their cultural identity and the advantage potentially deriving from a state recognition of Indigenous “intellectual property” rights. This study mainly relies on Yolngu and other subjects’ affidavits released throughout five significant 1990s lawsuits. Affidavits clearly show the two-folded nature of Yolngu judicial discourse on sacred art and copyright, simultaneously insisting on and (implicitly) dismissing an interpretation of Indigenous paintings as “intellectual property”. La principal afirmación de este estudio es que hay un repertorio dinámico de conductas lingüísticas y estrategias judiciales indígenas en los casos de malversación de obras de arte yolngu (Australia) que se presentaron en juzgados australianos. El análisis de esos repertorios ayuda a esclarecer las perspectivas indígenas sobre la propiedad de arte sagrado. Este artículo –que cubre un campo casi inédito en la literatura sobre propiedad intelectual indígena– arroja luz sobre las estrategias judiciales de los Yolngu como respuesta al dilema entre el peligro de una pérdida de su identidad cultural y la posible ventaja derivada de un reconocimiento del Estado de los derechos de propiedad intelectual indígenas. Nuestro estudio se basa principalmente en las declaraciones juradas de miembros del pueblo Yolngu y de otras personas. Dichas declaraciones se realizaron durante cinco casos judiciales significativos de los años 90. Las declaraciones juradas demuestran la naturaleza dual del discurso judicial de los Yolngu sobre arte sagrado y derechos de autor, insistiendo simultáneamente en, a la vez que (implícitamente) rechazando una interpretación de las pinturas indígenas como “propiedad intelectual”.
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Longdin, Louise. "Parallel Importing Post Trips: Convergence and Divergence in Australia and New Zealand." International and Comparative Law Quarterly 50, no. 1 (January 2001): 54–89. http://dx.doi.org/10.1093/iclq/50.1.54.
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In a famous act of studied neutrality the framers of the Trade Related Aspects of Intellectual Property Rights Agreement (TRIPS)1 left nations adhering to the Agreement completely free, in Article 6 of that document, to determine the extent to which they would allow the parallel importation of products affected by intellectual property rights which had been lawfully placed on the market outside the jurisdiction.2 The hands off approach embodied in Article 6 came as no surprise to commentators and TRIPS watchers. What to do about parallel importing has always been an issue which has deeply divided the world's trading nations and continues to be the subject of vigorous debate within them.3 Intellectual property owners and their licensees are uniting across national borders not just to defend historically entrenched advantages but also to portray these advantages as so much a part of the post TRIPS order that their extension (at home as well as abroad) seems both natural and inevitable. Importers and would-be importers outside existing distribution networks not unnaturally remain sceptical of arguments which threaten to replace tariffs and import restrictions with private law barriers to entry, barriers backed by both civil and criminal sanctions. In Australia and New Zealand these self-interested opponents of parallel importing have, in recent years, been joined in their scepticism by competition regulators and policy makers eager to bring to bear on the debate economic insights derived from detailed analyses of the impact of such restrictions both on particular product markets and the national economy as a whole. Increasingly too, the wider consuming public has begun to see that grey markets have charms hitherto invisible behind now removed protectionist walls.
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Tully, Stephen R. "Free Trade Agreements With The United States: 8 Lessons For Prospective Parties From Australia’s Experience." British Journal of American Legal Studies 5, no. 2 (December 1, 2016): 395–418. http://dx.doi.org/10.1515/bjals-2016-0014.
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Abstract This article identifies 8 key lessons for those States contemplating a free trade agreement with the United States (U.S.) arising from Australia’s experience. The standards of intellectual property protection under the Australia-U.S. Free Trade Agreement and their impact on pharmaceutical prices in Australia are a particular focus. Prospective parties must first conduct a national interest self-assessment which reviews the desired strength of intellectual property protection under national law and their preference for using flexibilities available to them under the existing international intellectual property rights framework. The United States negotiates free trade agreements in light of previous ones, negotiating outcomes obtained in other fora and the decisions of international trade tribunals. Negotiations typically occur behind closed doors, which is a process having adverse implications for transparent decision-making, public consultation periods and contributions from interested non-governmental actors. A concluded agreement will build on prior treaties and influence the course of future international arrangements. But the impact of a United States free trade agreement is not always clear, including because of a lack of reliable data, and the extent of national legal change is a contested issue given existing reform agendas and external influences. The United States seek to redesign national health care systems in its own image and had little success in Australia’s case. National legal systems need not be harmonised: although there can be some convergence in intellectual property rights regimes, significant differences may also remain. Negotiators must reconcile competing cultures, philosophies and perspectives between States for a free trade agreement to be worthwhile.
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Ferdinands, Patrick. "How the Criminal Law in Australia Has Failed to Promote the Right to Life for Unborn Children: A Need for Uniform Criminal Laws on Abortion across Australia." Deakin Law Review 17, no. 1 (October 1, 2012): 43. http://dx.doi.org/10.21153/dlr2012vol17no1art69.
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This article contends that human life has an intrinsic value from the moment of its conception based on its potential use to the community. This value to the community demands protection from the state. However, there is also a need to balance this aim against the legitimate health interests of pregnant women. Abortions should be permitted only in circumstances where the abortion is necessary to preserve the pregnant woman from any serious danger to her physical or mental health. This article shows that the lack of uniformity in Australia’s criminal law in the area of abortion plays a part in unduly undermining the right to life of unborn children. Accordingly, there is a need for effective uniform criminal laws throughout Australia that properly protect the right to life of unborn children and are duly sensitive to the valid health interests of pregnant women that give rise to circumstances justifying abortion.
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Saifuddin Hossain, Syed. "Border Enforcement of IPR Laws in Australia." Global Trade and Customs Journal 4, Issue 1 (January 1, 2009): 1–14. http://dx.doi.org/10.54648/gtcj2009001.
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Customs in the twenty–first century has a role that expands far beyond the traditional role of revenue collection, and includes trade facilitation and border protection. It is now required to guard against both importation and exportation of dangerous and counterfeit products which pose serious threat not only to the economy, but also to the society in general. With its firmly built legislative base coupled with strategically developed implementation mechanism, the Australian Customs Services (ACS) plays a crucial role in ensuring border protection of Intellectual Property Rights (IPR) laws. Conformity with the provisions and standards set out by the apex trade bodies in the world is a major strength of the Australian Customs in its ongoing battle against infringement of IPR laws. The Australian Customs maintains a close relationship with other border agencies and the business community with a view to interdicting and disrupting the illicit trade in goods that infringe IPR.
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McIntosh, Ian. "Renegade Rockets & the Darwin Space Base Fiasco: The Relations Between Aborigines, Developers, and Anthropologists in Australia's Northern Territory." Practicing Anthropology 21, no. 1 (January 1, 1999): 24–27. http://dx.doi.org/10.17730/praa.21.1.hu58583525p62237.
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The most significant employer of anthropologists in Australia's Northern Territory is not the university or museum. It is the Aboriginal land councils. As I detail in this article, the primary role of the land council anthropologist is to mediate between Aboriginal groups and developers. But there is a catch. While anthropologists are usually employed because they have already developed a relationship with particular clans as a result of Masters or Ph.D. studies, in performing the duties as required by a council, one often alienates the people who we owe our careers to. This is because any land council has a dual function. On the one hand it pursues land and sea rights for the Aboriginal people under its jurisdiction. On the other, it is trying to sell the idea of Aboriginal property rights to the rest of Australia, where Aborigines enjoy nowhere near the same level of rights.
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Young, D., R. Brockett, and J. Smart. "AUSTRALIA—SOVEREIGN RISK AND THE PETROLEUM INDUSTRY." APPEA Journal 45, no. 1 (2005): 191. http://dx.doi.org/10.1071/aj04017.
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Australia has rejoiced in its reputation for having low sovereign risk and corresponding rating, for decades. This reputation was bruised in the first decade after the High Court introduced Native Title into Australian law by the legislative response of the then Government, but has since recovered, and enjoys the world’s lowest country risk rating, and shares the worlds best sovereign risk rating with the USA. A number of government precipitated occurrences in recent times, however, raise the question: for how long can this continue?This paper tracks the long history of occasional broken resource commitments—for both petroleum and mining interests—by governments at both State and Federal level, and the policies which have driven these breaches. It also discusses the notorious recent cancellation of a resource lease by the Queensland Government, first by purporting to cancel the bauxite lease and, after legal action had commenced, by a special Act of Parliament to repeal a State Agreement Act. This has raised concerns in boardrooms around the world of the security of assets held in Australia on a retention, or care and maintenance basis.The paper also looks at the cancellation of the offshore prospecting rights held by WMC, with no compensation. This was a result of the concept that rights extinguished by the Commonwealth, with no gain to the Commonwealth or any other party do not constitute an acquisition of property, thereby denying access to the constitutional guarantee of ’just terms’ supposedly enshrined in the Australian Constitution where an acquisition has occurred.Some other examples are the prohibition on exploration in Queensland national parks last November. This cost some companies with existing tenures a lot of money as exploration permits were granted, but then permission to do seismic exploration refused (Victoria). Several losses of rights occurred as a result of the new Queensland Petroleum and Other Acts Amendment Act after investments have been made.Changes in fiscal policy can also impact on project viability, and some instances of this are considered.This paper also explores ways these risks can be minimised, and how and when compensation might be recovered.
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Ogden, Richard. "Wik Peoples v State of Queensland: Extinguishment of Native Title." Victoria University of Wellington Law Review 28, no. 2 (May 1, 1998): 341. http://dx.doi.org/10.26686/vuwlr.v28i2.6074.
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The 1996 decision of the High Court of Australia in Wik Peoples v State of Queensland will be remembered by all as the first fruits of the Mabo decision. Wik is the first of many decisions that will challenge Australia as it attempts to come to terms with the past. The Wik case introduces the possibility that native title may indeed survive 'extinguishment' or at the very least may be subject to mere 'impairment' when conflict arises. This is a consequence of the re-conceptualisation of property rights that the practical outcome of the case necessitates. This article explains the move from 'co-existence' of rights to 'impairment' of native title to the possibility of the revival of native title.
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Wee, Kenneth. "Australia as an international capital centre and headquarters for oil and gas investments." APPEA Journal 53, no. 1 (2013): 47. http://dx.doi.org/10.1071/aj12005.
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Oil and gas projects inherently require significant sums of capital investments. Uncertainty in the global financial climate, coupled with volatile commodity prices and unrelenting cost escalations, is contributing to the risk of a world-wide credit crunch. In an ever-tightening capital market, investors are forced to compete globally for equity amidst rising costs of capital and an unprecedented demand for accountability by capital providers. Despite tough economic times, Australia has remained one of the world’s leading centres for raising capital for global oil and gas exploration and development exploits. Many players increasingly access Australia’s liquid capital markets to fund emerging oil and gas ventures in locations including Africa, Asia and the Americas. Australia has conducive regulatory and fiscal rules, which make it an attractive holding company jurisdiction to locate either global or regional oil and gas headquarters. There are, however, many aspects of Australia’s fiscal rules that are often overlooked and can prove costly for the global tax effectiveness of investing through Australia and the flow-on impact on global after-tax funding costs in a capital-constrained environment. This peer-reviewed paper seeks to canvass the following: overview of Australia’s holding company tax regime, including Australia’s participation exemption, branch profits exemption and controlled foreign company rules; accidental permanent establishment risks for Australian entities operating abroad; treatment of equity-raising costs; cost allocations for management, technical services and head office support; funding of foreign operations and subsidiaries; holding intellectual property rights and conducting research and development in Australia versus abroad; and Australia’s arm’s length rules.
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Ann Wheeler, Sarah, and Dustin E. Garrick. "A tale of two water markets in Australia: lessons for understanding participation in formal water markets." Oxford Review of Economic Policy 36, no. 1 (2020): 132–53. http://dx.doi.org/10.1093/oxrep/grz032.
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Abstract Water markets are promoted as a demand-management strategy for addressing water scarcity. Although there is an increasing literature on the institutional preconditions required for successful formal water markets, there has been less focus on understanding what drives participation after establishment of the basic enabling conditions. Participation can be measured in terms of either trading activity (conducting either a permanent or temporary water trade) and/or trade volumes across time and market products. Australia’s water markets in the Southern and Northern Basins of the Murray-Darling Basin provide a notable example of a ‘tale of two water markets’, offering insights about the economic policy levers that can drive participation across different hydrological, irrigation, and socioeconomic contexts. Key lessons include: distribution of initial property rights in resource allocation; the need to prepare for and seize opportunities to strengthen property rights; and robust monitoring and compliance requirements—all of which will reduce transaction costs and increase participation.
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Martek, Igor, Mark B. Luther, Stewart Seaton, Glenn Costin, Hong Xian Li, Olubukola Tokede, and David Sydney Jones. "Charting Participatory Action and Interventionist Research Processes for Community-Based Stakeholders in Peri-Urban Contexts: The Proposed St. Cuthbert’s Community Centre, Lorne, Australia." Urban Science 3, no. 2 (May 28, 2019): 58. http://dx.doi.org/10.3390/urbansci3020058.
Повний текст джерелаАнотація:
Participatory action combined interventionist research approaches can offer possibilities for community-based facilities and institutions attempting to re-engage with their communities and assert their presence. St. Cuthbert’s Church is a heritage-listed property, located on a major landholding, right in the heart of the summer tourist town of Lorne, on Melbourne’s peri-urban ‘sea change’ fringe. Its sloping hillside vantage offers spectacular views to the beach and Bass Strait, beyond. The congregation, however, is aging, while the broader community is increasingly secular. In response to these circumstances, the Church is looking to assert its relevance with the procurement of a community centre to be erected on the property. Using an interventionist research approach, with a professional facilitator in ‘participatory action design’, it was found that while both residents and visitors to Lorne were favourably disposed to the idea of a community centre, it was also clear that the locus of power that needed to realise this objective lay outside the congregation’s control. A conclusion of this research is that community-based organisations may have to pro-actively engage in professional marketing and prepare business plans, as well as engage in substantial political lobbying both within and external to the Church, if the project is to progress and succeed.
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Asher, Rachael. "Unresolved Injustice: An Examination of Indigenous Legal Issues in Australia." Udayana Journal of Law and Culture 4, no. 2 (July 30, 2020): 146. http://dx.doi.org/10.24843/ujlc.2020.v04.i02.p02.
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Indigenous legal issues are to some extent a neglected and misunderstood subject in the Australian political and legal sphere. Where there is unresolved injustice, there is suffering. Similarly, where there is misunderstanding, there is ignorance. Therefore, the purpose of this paper is to explore Indigenous legal issues and potential solutions through an examination and analysis of relevant sources. The subjects of discussion in this paper include the limited extent that Aboriginal customary law is recognised under Commonwealth law; the impact of Australian law on Indigenous people; the over-representation of Indigenous people in the criminal justice system; the inadequate state of Indigenous property rights; and comparative law methodology.
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Et.al, Saslina Kamaruddin. "The Legalities of Trespass to Tenancyin Malaysia." Turkish Journal of Computer and Mathematics Education (TURCOMAT) 12, no. 3 (April 11, 2021): 768–75. http://dx.doi.org/10.17762/turcomat.v12i3.783.
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The landlord-tenant relationship in Malaysia is mostly governed by the tenancy agreement, which spells out the rights and obligations of both parties. Despite having the legal agreements, it has been reported that many issues arise, such as trespass committed by landlords to the tenanted property and recovering losses from the tenants who disappeared. As of today, the country has yet to enact specific legislation to deal with issues arising between landlords and tenants. Hence, in the event of any dispute, the tendency for Malaysian landlords is not to go through the legal system to settle them as it is a costly and time-consuming process. Some tenants who are aware of this legal inefficiency choose to exploit it for their benefit at the landlord’s expense. Hence, the main issues in this paper will be the possible ways in of trespass could be committed by landlords into the tenanted property, and their rights are not very well-protected, and quite often, the safety deposits collected beforehand are never enough to cover the losses. Given several lacunae, this paper analyses the on the possible or several ways in which the landlord could commit trespass into the tenanted property. Also, this paper will investigate the current Malaysian legal system to identify the current solutions available for eviction and repossession of a tenanted property. Also, this paper seeks to similar practices in Australia and the United Kingdom, which havelong-standing legislation governing tenancy issues. The research adopts doctrinal research in which secondary sources,including academicjournals, online sources,and decided cases are referred. The authors contend that contrary to the United Kingdom and the Australian legal position, there is a gap in the Malaysian law in governing landlord-tenant relationship.
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Kearney, Robert E. "Fisheries property rights and recreational/commercial conflict: implications of policy developments in Australia and New Zealand." Marine Policy 25, no. 1 (January 2001): 49–59. http://dx.doi.org/10.1016/s0308-597x(00)00035-x.
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Morgan, Jill. "DIGGING DEEP: PROPERTY RIGHTS IN SUBTERRANEAN SPACE AND THE CHALLENGE OF CARBON CAPTURE AND STORAGE." International and Comparative Law Quarterly 62, no. 4 (October 2013): 813–37. http://dx.doi.org/10.1017/s0020589313000353.
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AbstractA burgeoning international interest in Carbon Capture and Storage (CCS) as a means of mitigating the effects of climate change has raised a number of novel legal issues, one of which concerns ownership of the underground sites in which captured carbon dioxide can be stored. This paper considers the extent of a surface landowner's rights above and below land and explores the treatment of underground space within the context of CCS in relation to differing jurisdictions. Particular attention is paid to legal principles applied in the United Kingdom and the United States, and consideration is also given to relevant legislation in Australia and Canada.