National and international disability rights legislation: a qualitative account of its enactment in Australia

In this paper, a detailed analysis based on the lived experiences of the study participants and the researcher (each with vision impairment) in education, post school and in the pursuit for employment is developed. The policy discourses of disability legislation - both at national and international levels - are explored with particular reference to their enactment in Australia. The analysis focuses on the collective indifference to detached others, which is evident in the linguistic construction of people with disabilities in the United Nations [(2006). Convention of the Rights of Persons with Disabilities. New York: United Nations] and the Australian Standards for Education 2005 [Australian Department of Education, Science and Training. 2006. Disability Standards for Education 2005 Plus Guidance Notes. Accessed March 12, 2012. http://nla.gov.au/nla.arc-7692.]. Together, these elements reflect the neoliberal principles that cast a shadow over the discourses of the disability policies.

Supersession of the senior-most judges in Bangladesh in appointing the chief justice and the other judges of the appellate division of the supreme court : a convenient means to a politicized bench

The Constitution of Bangladesh has provided the President with the unfettered power to appoint the Chief Justice of Bangladesh. However, the President is required by the Constitution to act on the advice of the Prime Minister, after consulting the Chief Justice, in appointing the puisne judges of the Supreme Court - the apex court of the nation. This Article finds that in the absence of any specific constitutional provisions specifying that the senior-most judge of the Appellate Division - the higher Division of the Supreme Court - should be appointed as the Chief Justice, a convention to this effect was developed for ensuring that extraneous considerations did not play a part in the pivotal appointment of the Chief Justice. In the same vein, a convention of appointing the senior-most judges of the High Court Division, which is the lower Division of the Supreme Court, as the judges of the Appellate Division was developed. But both these conventions have been transgressed at regular intervals by succeeding generations of executives, particularly by the current one, for politicizing the superior judiciary of the nation, thereby undermining its credibility in the eyes of the litigants as an impartial arbitrator of disputes. Accordingly, this article concludes that in order to exclude the possibility of appointments on extraneous considerations, the principles of appointing the Chief Justice and the other judges of the Appellate Division on the basis of seniority should be inserted in the Constitution by means of an amendment.

Afternoon T : Testosterone level is higher in red than yellow male polychromatic lizards

Recent work on within-species polymorphism across a broad range of taxa has renewed and considerably increased the attention to this classic evolutionary area, notably in lizard species where colors covary with reproductive strategies. We demonstrate elsewhere that red-headed males beat yellow-headed males in staged contests for females in the Australian painted dragon lizard Ctenophorus pictus. This morph difference in behaviour is linked to what appears to be a convention of red dominance in male–male interactions set very early in ontogeny, long before coloration has developed. In the current note, we investigate the relationship between time of day, which is directly linked to vigilance time in territorial males, and plasma levels of testosterone and corticosterone. We show that red males have higher testosterone levels in late afternoon following a day of territory patrolling and a non-significant trend in plasma corticosterone levels that decline with time of day. In conclusion, there are significant differences in testosterone profile between the two color morphs, providing a potential proximate link to the behavioural differences between them.

Exploring subject positions and multiple temporalities through an Iranian migrant mother's family photograph albums

 In this article, I draw on a research study of one Iranian migrant mother's generation of selves through her material configuration of her personal photograph albums and through our verbal reading of her photographs. The research engages in a visual-material feminist ethnographic approach, and is informed by the work of Gillian Rose and the understanding that family photographs are a means by which women negotiate subject positions. In this article, I discuss an unexpected finding of my research, the significance of multiple temporalities in a migrant mother's production of selves. The photo album practices of the participant mother of this study, ‘Parvin’, depart from the common social convention of mothers arranging their photograph albums to chart family growth following the model of milestones occurring over linear developmental time. Parvin does not limit herself to linear developmental time, but rather she mixes up photographs in her post-migration family albums to generate multiple temporalities woven together by an enveloping ‘mixed’ time. Drawing on both Julia Kristeva and Homi Bhaba's theories of temporality and the subject, I suggest that Parvin produces subject positions for self and family through a continual interweaving of a multitude of pasts into the present and through a subsuming of milestones within cyclical family time. Further, I suggest that through her generation of multiple temporalities, Parvin produces the subject position of ‘accommodating mother’. Finally, I highlight the potential afforded by considering the temporal and the spatial together in studies of migrant identity.

What can Australia learn from the Europeans about public participation? Article 6 of the Aarhus Convention and environmental impact statements

The United Nations Economic Commission for Europe Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus Convention) is the only international convention that is exclusively devoted to public participation in environmental matters. Although it is European in origin, much of the detail of the Convention draws upon national environmental legislation, including aspects of the Australian environmental legal system. This article compares the public review provisions relating to environmental impact statements in Australia with Art 6 of the Convention governing "Public Participation in Decisions on Specific Activities". The article finds that much of the Australian laws with some exceptions satisfy the minimum requirements of public participation in Art 6.

Therapeutic Jurisprudence, juvenile justice and the UN Convention on the Rights of the Child : do they coexist?

The UN Convention on the Rights of the Child provides children and young people with over 40 substantive rights, the five outcomes of which are living a healthy lifestyle, staying safe, enjoying and achieving, making a positive contribution, and economic wellbeing. Moreover, Article 3 dictates that all organizations concerned with children should work towards what is best of each child. It is not clear how these rights translate to the care of children and young people who come before the courts (particularly those who are subsequently incarcerated). A review of the literature suggests that while best practice guidelines for the treatment and rehabilitation of adult offenders has moved forward, there is little consensus about how this might be achieved for young people. Therapeutic Jurisprudence (TJ) needs to extend beyond its current considerations of the rights of children and young people, and to expand its focus to the extent to which international human rights standards are complied with in the cases of juveniles in the criminal justice system. This presentation will (a) explore the extent to which current practices in juvenile justice are consistent with the UN's Convention and (b) whether the adoption a rehabilitative and treatment approach based on a TJ framework might serve to improve outcomes for young people and ensure their rights are not being violated.

Cultural landscapes in Asia and the Pacific : implications of the world heritage convention

The notion of cultural landscape has been accepted in the World Heritage Convention since 1992 but the adoption for World Heritage inscription is different among regions. This paper aims to address the issues of applying the concept of cultural landscape in Asia and the Pacific. The article first takes an overview of the World Heritage List and current issues related to the cultural landscape. This is followed by a discussion of the cultural landscape by referring to previous studies, with detailed analysis pointing out the major characteristics of the listed cultural landscapes in Asia and the Pacific, which are tabulated using the numerical data. The final discussion concludes by addressing the discourse on applying the World Heritage Convention and the current issues on cultural landscape conservation in Asia and the Pacific.

Measurement of services and supports (MOSS): project overview and findings

The Measurement of Services and Supports (MOSS) project commenced in 2005, with the initial aim of developing and trialing a tool that would evaluate the outcomes of therapy and psychology services delivered by Scope’s Therapy, Psychology and Related Services teams (previously known as Specialist Services). There are a number of key drivers that have influenced the MOSS project from its inception. These include:
• Scope’s Strategic direction;
• The State Disability Plan 2002-2012 (Victorian Department of Human Services, 2002);
• A desire to provide evidence for funding bodies relating to the effectiveness of the support
delivered by Therapy, Psychology and Related Services; and
• A desire to ensure that Therapy, Psychology and Related Services support is based on evidence.

East Rennell World Heritage Site : misunderstandings, inconsistencies and opportunities in the implementation of the World Heritage Convention in the Pacific Islands

Continuing traditional land tenure and resource use pattern the landscapes and seascapes of the Pacific Islands, and the rights of customary land owners are enshrined in the constitutions of many Pacific Island states. The implications of this for heritage conservation programs implemented by national governments under international Conventions and Agreements are explored through a case study of East Rennell World Heritage site, the first site to be inscribed based on natural criteria under customary ownership and management. Dissatisfaction with World Heritage listing expressed by the community of East Rennell is argued to reflect inconsistencies in the requirements for inscription of the property and a tension between the conservation and ‘beauty pageant’ functions of the World Heritage List.

Northern Lights: the positive policy example of Sweden, Finland, Denmark and Norway

The nations of Scandinavia and Finland, or Nordic Europe, continue to provide living proof that economic prosperity can be combined with social equality and environmental responsibility. This book, written from an Australian perspective, explores previous outside policy interest in the Nordic nations and outlines some lessons which the English-speaking world, in particular, can learn now from the achievements of the four main Nordic European nations. In terms of income distribution these countries are still much more equal than Australia, Britain, New Zealand and Canada – and nearly twice as equal as the United States. Workforce participation rates are high in the Nordic nations but working hours remain within reasonable limits, enabling genuine work–life balance. Sweden has played a leading role in improving wellbeing, and lowering poverty, among children. Finland has achieved stunning success in schools since the 1990s. Denmark invests in comprehensive skills training as part of providing security, as well as flexibility, in people’s employment lives. Norway’s taxation approach and other measures ensure that its natural resources are used sustainably for the entire nation’s long-term wealth. All of these achievements are relevant to the policy choices for the future which Australia, and other English-speaking countries, can now make.

How does the cookie crumble? legal costs under a uniform interpretation of the United Nations Convention on Contracts for the International Sale of Goods

A family owned Mexican company, Zapata Hermanos Sucesores, S.A. ("Zapata"), sold approximately US$950,000 worth of cookie tins over a period of four years to the Maurice Lenell Cooky Company ("Lenell"), an American company that produced baked goods. Lenell failed to pay Zapata for the cookie tins so Zapata sought legal advice and instituted legal proceedings against Lenell for breach of contract in the Federal District Court of Illinios. The cookie tin sale contracts were governed by the United Nations Convention on Contracts for the International Sale of Goods ("CISG"). Zapata succeeded in its Federal District Court claim and, as part of the Court's order, was awarded US$550,000 as foreseeable loss under Article 74 of the CISG, being the amount of legal fees incurred by Zapata in bringing proceedings against Lenell. On appeal to the Federal Appellate Court, however, the award of legal fees was overturned. The parties now find themselves contesting a leave application to appeal to the Supreme Court of the United States of America in a much anticipated debate over who should pay the lawyers.

Harmonisation and the United Nations Convention on Contracts for the International Sale of Goods

After many years of negotiation, the United Nations Convention on Contracts for the International Sale of Goods (“CISG”) came into force in 1988. Today, 62 states have adopted the CISG. Together these countries account for over two-thirds of all world trade.2 On this basis alone, the CISG is an outstanding success in the legal harmonisation of the law governing the international sale of goods. However, the CISG has its critics and much comment has been made on the failure of the CISG to achieve its goal of promoting international trade through a body of uniform rules.The primary motivation driving the push for a harmonised law on the international sale of goods is economic: a harmonised law makes it easier and more efficient for the business person to sell and buy goods across state borders. However, the engine driving the push for harmonisation is political and cultural; and the task of creating the harmonised law belongs to the diplomat.3 A study of the CISG demonstrates that the political and cultural demands on the diplomat also act as shackles that restrain the achievement of a harmonised law.This paper will consider the CISG and discuss the constraints on treaty making as a mechanism for legal harmonisation. Part one discusses the constraints faced when creating a uniform text.Part two discusses the problems with the text of the CISG that result from the negotiation process. Finally, part three discusses the constraints faced in maintaining the uniformity of the CISG.