Urban informality in the developing world - Opportunistic urban design processes and prototypes for the developed world

The turn of the twenty first century heralds a fundamental shift in the world’s population towards cities in what has been termed The Urban Age, most visible in the developing world. Instead of the dichotomy of ‘First World models’ and ‘Third world problems’, research has begun to explore the complexities of urban informality revealing new approaches to the complex creation of urban spaces. This paper will analyse the prevailing perspectives in order to develop an understanding of informality as an urban evolution through necessity. Finally through an analysis of professional urban design experiments the paper highlights opportunities and challenges within the developing world for new and exciting urban design processes in the developed world.

Homeland, territory, property: contesting land, state, and nation in urban Timor-Leste

This article considers contestations over land, state and nation in Aitarak Laran, an urban settlement in post-independence Timor-Leste. Since 2010 the settlement has been resisting eviction by the East Timorese state, which wishes to use the land it occupies to build a National Library and Cultural Centre. In exploring the contestation, the purpose of this article is two-fold. Firstly, it explores the nature of social connection to land within postcolonial state- and nation-building. Here, the contestation at Aitarak Laran reveals counter-posed imaginings of land as homeland, territory and property. Secondly, the article draws out the implications of these counter-posed imaginings for thinking about the 'right to the city', a notion first theorised by Lefebvre (1996 [1968]) and subsequently developed to encompass a range of modes of urban protest. In the settlement, the promises of independence-unity, equivalence, and inclusion within the sovereign nation-state-are at odds with residents' experiences of what independence has in fact brought. Land, in its multiple imaginings, becomes a crucible upon which this painful disjuncture plays out. Reading Aitarak Laran as an instance of 'right to the city' struggle, these tensions emerge as well not only in practice but also in theory, reflected particularly in the limitations and ambiguities of rights discourse.

The right to convert exploration licences to mining leases in Australia: a proposed national uniform model

In this article, the authors raise an important proposal for reform to Australia's mining legislation: a nationally-consistent model providing exploration licence holders with a legislative right to be granted a mining lease. This proposed national model will be designed to reflect the present Western Australian system - Western Australia being the only jurisdiction to provide exploration licence holders with the express right to be granted a mining lease on application. The authors believe that the Western Australian system should provide the basis for a national legislative model, given that it is designed to balance appropriately the interests of companies wanting a right to mine to recoup the costs involved in exploring for minerals, and the interests of the public in ensuring that exploration and mining is conducted
reasonably.

The right to privacy and corporations

Traditionally the right of privacy has not been recognised at common law. However, recently the High Court has indicated that it may be willing to develop a new tort of invasion of privacy. Several of the justices have stated that the new action would only relate to natural persons, not corporations. This is because the principles said to underpin the right to privacy, autonomy and dignity, are supposedly inapposite to corporations. This article argues that this reasoning is flawed. Neither the right to autonomy nor dignity is capable of underpinning the right to privacy. Hence, no sustainable basis has so far been advanced for restricting the availability of any future tort of invasion of privacy to individuals. This article also questions whether a separate tort is needed in view of the protection already provided to the privacy interests of individuals and corporations under the equitable doctrine of confidence.

The right to privacy: appealing, but flawed

The right to privacy is not recognised at common law. However, like many  other rights, it has gained increasing prominence and legal recognition  since the explosion in rights-based normative discourse following the  Second World War. Rights-based moral theories are appealing because their language is individualising; promising to expand the sphere of liberty and protection offered to people. It is therefore not surprising that we as  individuals are attracted to such theories - they allow us a vehicle through  which we can project our wishes and demands onto the community. While in abstract the right to privacy sounds appealing, it has many potential  disadvantages. This article examines the justification for the right to privacy. It argues that either the right is illusory (devoid of an overarching doctrinal rationale) or at its highest the right to privacy is an insignificant right - one which should rarely trump other interests. It follows that there is a need to re-assess the desirability of introducing a separate cause of action protecting privacy interests.

Preventive detention and the right to personal liberty and security under Article 5 ECHR

'Preventive detention' refers to detention by executive order as a  precautionary measure based on predicted criminal conduct. Detention is without criminal charge or trial as detention is based on the prediction of a future offence. This paper examines Article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms ('ECHR'), in particular Article 5(1)(c) and Article 5(3). To explore this issue, this paper conducts a textual analysis of Article 5 and examines both the travaux preacuteparatoires of the ECHR, as well as jurisprudence of the European Court of Human Rights. This article argues that preventive detention is specifically provided for under the second ground of detention in Article 5(1)(c). A person in preventive detention, however, must be brought promptly before judicial authority under Article 5(3).

Obesity and the right to sue: would you like fries with that?

There is little chance that obese customers in Australia would fare any better in a claim against fast food companies than their counterparts in the US.

The trouble with woon: the selective answering of police questions and the right to pre-trial silence

The 1964 High Court decision in Woon v The Queen is commonly understood to permit the drawing of an inference of a ‘consciousness of guilt’ when a suspect selectively responds to police questions. It is the author’s contention that, in the light of the emphatic endorsement of the right to pre-trial silence by the High Court in 1993 in Petty v The Queen; Maiden v The Queen, Woon should now be regarded as bad law and should no longer be followed.

The right to own : internationalization of perspectives of plagiarism and the internet

Cultural diversity in tertiary classrooms is integral to the current university scene. Teachers must incorporate different methods of delivery and
assessment to cater for an increasingly international student population. This paper explores the notion of plagiarism from two perspectives: the law
and English as a Second Language (ESL) writing theory.

Re Kevin : gender dysphoria and the right to marry

What does it comfort any of us to insist that an individual shall be a man, when for the purposes of ordinary life that individual can only be, and be recognised, as a woman? What pride can there be for a law which vetoes the attitudes dictated by ordinary humanity?[1]

Those suffering from gender dysphoria have been described in the following simple language:

People with gender dysphoria or gender identity disorder live with a conviction that their physical anatomy is incompatible with their true gender role. They have an overwhelming desire to live and function in the opposite biological sex.

Access to a healthy diet and fast foods in the City of Casey

It is known that the consumption of fast food is associated with obesity (Binkley 2000). Relative ease of access to fast foods compared with healthy foods may contribute to the increasing prevalence of obesity. The aim of this study was to determine and compare the access by car to fast foods and a healthy diet. The study was located in the City of Casey, a municipality in South East Melbourne with a population of 220,000. We have previously shown that ease of access to a large chain supermarket ensures access to a basket of healthy foods adequate to meet the nutritional needs of a family of 6 (Burns 2004). The City of Casey council provided location details for major fast food outlets and supermarkets. Fast food was defined as food sourced from an outlet without table service. We included only those major fast food chain outlets which had more than 10 franchises within Australia. We included the 3 major supermarket chains that account for 87% total food retailing in Victoria. Geographic details from the City of Casey were used to map the location of these outlets. Then using these locations and road network a basic cost distance model was created for either the supermarket chains or fast food chains outlets. The cost unit is (time), it was to calculate by giving the roads in the network an average travel speed depending in the type of road (minor, major or highway) and then calculating how long it would take to reach the closest outlet. Access to supermarket and fast food outlets were determined relative to population density.
Our results indicate that in the City of Casey most (> 80%) people live within an 8-10 minute car journey of a major supermarket and a fast food outlet. Fifty percent of the fast food outlets are co-located with a supermarket. We conclude that access to both healthy food and fast food in the City of Casey is good if you own a car. The increasing demand for fast food is easily met in this municipality. Obesity prevention strategies in Casey should concentrate on the food choices available at fast food outlets and town planning to ensure a mix of food outlets to maximize the likelihood of healthy food choices.

From city symphony to global city film : documentary display and the corporeal

In the introduction to his history of the relationship between the body and the city in Western civilisation, Richard Sennett includes an anecdote about attending a cinema in New York. Sennett uses the story of watching film as a way of commenting on the place of the body and senses within urban settings and is concerned to document 'physical sensations in urban space' as a way of addressing what he sees as the 'tactile sterility which afflicts the urban environment.'[1] While Sennett's work performs an important task by drawing attention to various historical conditions implicated in urban and metropolitan experience, it is possible to rework the categories he deploys - bodies, the city, and film - into a very different argument concerning representations of the city. Indeed the three categories coalesce in the so-called city film - works which include the 'city symphony' of the 1920s and subsequent documentary representations of urban spaces, among them the New York City films of the 1940s and 1950s, and films of non-Western cities produced in the decades from the 1960s to the present - within which the city is realised through a focus on people.