76 resultados para 390107 Environmental and Natural Resources Law


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Researches the suitability of a variety of self-funding options available to regional galleries in Australia. An overview of the range of current self-funding practices is given. Each option is mapped according to its impact on core/value added services and its effect on primary/secondary users and assessed for suitability using these criteria.

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After considering relevant events and cases the conclusion is reached that South Australian Aborigines were not in any practical sense equal before the law at any time during the period 1836-1862, despite considerable efforts by individual government and court officials.

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The study was conducted over 3 years and explored beyond what visitors to museum exhibitions learnt from written labels, to what they learnt and knew about the museum as an institution, its staff and their knowledge and understanding of the subliminal messages of exhibitions. The site used as the Victorian historical mansion, Werribee Park. Visitors to the 1880s Costume Exhibition were surveyed.

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In his celebrated article, Against Settlement, Owen Fiss objected to settlement for, among other things, securing the peace while not necessarily delivering justice and denying the court the opportunity to interpret the law. Fiss sees settlement as a technique for streamlining court dockets, the civil equivalent of plea bargaining. This paper explores Fiss’s criticisms through the lens of resolving discrimination complaints in Australia. It argues that although it is valuable to offer complainants a system for resolving complaints quickly and informally, especially in a jurisdiction in which complainants are often from marginalised groups, it is also necessary to recognise that this system is limited in how effectively it can develop the law and, by extension, eradicate discrimination. In essence, the system’s operation epitomises Fiss’ opposition to settlement. Modifying the complaint resolution system would improve this situation. The paper concludes by proposing three reforms based on mechanisms used in comparable countries: introducing direct access to the court or tribunal; strengthening ADR by making it voluntary and incorporating a ‘rights-based’ approach; and encouraging the regular publication of specific information about settlements and significant cases.

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Recent studies have found age-specific variations in reproductive performance amongst Weddell seals, Leptonychotes weddellii, and we hypothesized age-related variations in maternal body mass as a mechanism linking maternal age and the observed patterns of reproductive performance. We evaluated the effects of maternal traits such as age and reproductive experience and the effects of environmental variations on maternal body mass at parturition. Maternal body mass at parturition showed substantial age- and environmental-related variations. Maternal body mass increased with age through the young and middle ages, and evidence of senescent declines in body mass was found amongst the oldest ages. Additionally, body mass at parturition was strongly influenced by environmental variations during the pregnancy period, specifically sea-ice extent and the state of the El-Niño Southern Oscillation. Patterns of age-specific variations in body mass were consistent with age-specific patterns of offspring survival probability, which supported our hypothesis that changes in body mass link maternal age and reproductive performance in the Weddell seal. Further, environmental conditions during pregnancy may be an important component of Weddell seal reproductive performance.

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Contents

* The international debate about traditional knowledge and approaches in the Asia-Pacific region / Christoph Antons
* How are the different views of traditional knowledge linked by international law and global governance? / Christopher Arup
* Protection of traditional knowledge by geographical indications / Michael Blakeney
* An analysis of WIPO's latest proposal and the Model Law 2002 of the Pacific Community for the Protection of Traditional Cultural Expressions / Silke von Lewinski
* The role of customary law and practice in the protection of traditional knowledge related to biological diversity / Brendan Tobin
* Can modern law safeguard archaic cultural expressions? : observations from a legal sociology perspective / Christoph Beat Graber
* Branding identity and copyrighting culture : orientations towards the customary in traditional knowledge discourse / Martin Chanock
* Being indigenous' in Indonesia and the Philippines / Gerard A. Persoon
* Indigenous heritage and the digital commons / Eric Kansa
* Traditional cultural expression and the internet world / Brian Fitzgerald and Susan Hedge
* Cultural property and "the public domain" : case studies from New Zealand and Australia / Susy Frankel and Megan Richardson
* The recognition of traditional knowledge under Australian biodiscovery regimes : why bother with intellectual property rights? / Natalie Stoianoff
* Protection of traditional knowledge in the SAARC region and India's efforts / S.K. Verma
* The protection of expressions of folklore in Sri Lanka / Indunil Abeyesekere
* Traditional medicine and intellectual property rights : a case study of the Indonesian jamu industry / Christoph Antons and Rosy Antons-Sutanto.


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The Ecomusée, as emerged in France in the 1970s, is a form of open-air museum that aims to maintain collections in their original environments with local communities serving as curators and managing their own heritage. This approach and philosophy implies and is dependent upon democratic principles in the conservation and interpretation processes. Since the 1990s, China has adopted the ecomusée concept for the conservation of selected ethnic villages to relieve tensions between poverty and heritage conservation. However, does this concept really work in China? To answer this question, the Suojia Ecomuseum, the first such initiative - has been selected as a case study and assessed using the mixed methodologies of on-site observation, documentation and semistructured interviews. This process has identified several issues and problems associated with this ecomuseum. It demonstrates that Suojia Ecomuseum has not achieved international benchmarks, neither philosophical nor practical expectations have been met. This conclusion challenges the internationally acknowledged notion that all ecomuseums develop and are operated using a bottom-up approach, that they were all community-based and democratic. These discrepancies lead to other questions about the differences between ecomuseums in China and elsewhere. In order to map and compare the differences between ecomuseums in China and in Western democracies, a detailed survey was undertaken using Melbourne’s Living Museum of the West, Australia. Applying the same methodologies as in China, a comparable examination was undertaken as to its background, objectives, management structures, programs and activities, and project outcomes as well as problems. The differences between Suojia Ecomuseum and Melbourne’s Living Museum are then explained and shown. They demonstrate quite diverse organisations with different objectives and management structures relating to different cultural and natural resources. However, the unexpected finding was that the futures of both ecomuseums relied on the financial support and passion of younger generations and hence were vulnerable.