The international legal status of the Vatican/Holy See complex

This article offers a re-examination of the international legal status of what is here termed the Vatican/Holy See complex (VHS), focusing on claims to statehood. The problematic ‘effect’ of Vatican City, of the Holy See, of the papacy and of associated entities is interrogated at the level of international law, entering as little as possible into administrative or theological distinctions. The various grounds cited as supporting status amounting to statehood are argued to be inadequate. The continuing exchange of representatives with states by the VHS is missionary and hierarchical in character and is reflective neither of the reciprocity of peers nor of customary obligation going to law. Agreements entered into by the papacy with the Kingdom of Italy (the Lateran Pacts) in 1929, relating to the status of the geographical territory known as Vatican City, cannot be determinative of international status. Nor can membership of international agreements and organizations confer a status amounting to statehood. Events and practices since 1929 have not substantially altered international status as of 1870. The Roman Catholic Church is but one of many faith-based international movements, and since the eclipse of the papal state nearly one-and-a-half centuries ago, the status in international law of its temporal headquarters in Rome should not be privileged.

Migration and refugee law : principles and practice in Australia

Provides an overview of the legal principles governing the entry of people into Australia, and analyses the policy and moral considerations underpinning this area of law - particularly in relation to refugee law, one of the most divisive social issues of our time. Suggests proposals for change.

Into the protecting arms: the League of Nations and the extension of international assistance to unprotected persons in the Middle East and Europe, 1926 - 1928

The refugee dilemma in Europe in the years between the two world wars had a number of aspects: humanitarian, political, and diplomatic. It raised questions of migration, questions of international law, and questions of the fate of hundreds of thousands of individuals. Refugees were visible from the very last days of the war and remained a matter of serious international concern even beyond the outbreak of war again in September 1939. The refugee dilemma in Europe was, firstly, a humanitarian crisis because the size of the refugee population was without precedent. It was also a political problem because national governments had to contend with questions about the refugees' legal status and their legitimacy under national and international law, as well as balance humanitarian concerns with national political interests. The humanitarian and political aspects together created a crisis for the international community newly united in the League of Nations. One of its first great acts-to take these refugees into its protective care-was not even prescribed for it in its Covenant. But the refugee crisis facing Europe was so great that member states were united in the belief that the League had been established precisely to undertake a task of this kind.

The status of using drug detection dogs under Australian law

In recent years it has become increasingly common for drug detection dogs to be active in and around public transport, busy nightclub precincts, music festivals and dance parties. However, the legal status of police using drug detection dogs is anything but clear in many parts of Australia. The aim of this article is to outline the nature and scope of the powers available to police at common law and under statute that allow their use.

A.R.T., surrogacy and legal parentage : a comparative legislative review

This is one of three Occasional Papers published by the Victorian Law Reform Commission as part of the Commission's work on assisted reproduction and adoption. A central issue which arises in the context of assisted reproduction is how to recognise and protect the best interests of children who are conceived through assisted reproduction. The three Occasional Papers deal with different aspects of this question. This Paper examines how laws in the other Australian states, and in the United States, United Kingdom and Canada regulate access to assisted reproduction, control the use of surrogacy and deal with issues relating to parentage of children conceived through assisted reproduction. Generally, this legislation gives priority to protecting the best interests of children, but the way in which this is done varies considerably.

Statelessness, identity cards and citizenship as status in the case of the Nubians of Kenya

Statelessness as a legal and political problem has attracted increasing attention from scholars and international advocacy organisations in recent years. This attention has predominantly focussed on the legal aspects of statelessness, and has generally held the acquisition of citizenship documentation as the primary goal in remedying citizenship deprivation. This article explores the merits of this focus through a case study of the Nubians of Kenya, widely considered stateless until recently. The article connects the focus on citizenship as documented status to a liberal conception of citizenship. The article identifies the ways in which this approach is helpful, that is, as a means of pursuing legal status and possession of individual rights. It then goes on to identify more important ways in which a liberal conception of citizenship falls short of accounting for the Nubians’ citizenship problems by neglecting the more collective dimensions of citizenship practice and recognition.

Biological, ecological, conservation and legal information for all species and subspecies of Australian bird

We introduce a dataset of biological, ecological, conservation and legal information for every species and subspecies of Australian bird, 2056 taxa or populations in total. Version 1 contains 230 fields grouped under the following headings: Taxonomy & nomenclature, Phylogeny, Australian population status, Conservation status, Legal status, Distribution, Morphology, Habitat, Food, Behaviour, Breeding, Mobility and Climate metrics. It is envisaged that the dataset will be updated periodically with new data for existing fields and the addition of new fields. The dataset has already had, and will continue to have applications in Australian and international ornithology, especially those that require standard information for a large number of taxa.

Technical efficiency in Australian textile and clothing firms: evidence from the business longitudinal survey

This paper estimates technical efficiency of Australian textile and clothing firms based on the data obtained from the Business Longitudinal Survey (BLS) conducted by the Australian Bureau of Statistics (ABS). Using a Cobb Douglas stochastic production frontier the paper examines firm level technical efficiency in the time varying inefficiency effect model with technical inefficiency effects assumed as an independently distributed truncated normal variable. Estimates of the production frontier revealed significant but small elasticities of labour and capital for textile and clothing firms, respectively, and a negative (but insignificant) Hicks neutral technical change for both. Estimated coefficients of the explanatory variables for inefficiency effects indicated that technical efficiency varied significantly according to firms’ age, size, capital intensity, proportion of non-production to total workers and type of legal status. Predicted firm specific efficiency varied from 16 per cent to 95 per cent and mean efficiency ranged between 30 to 70 per cent. In view of these results policies have been suggested to improve technical efficiency of the firms as well as productivity growth of the sub sectors.

Twisting the knife: discrimination in the law

Of the many different variations that can occur in human sexual formation, transsexualism no doubt remains the least understood by the wider Australian community. As a consequence, the process of attaining human rights to legal status, privacy, dignity and freedom from discrimination for those who experience this unusual condition has been a slow and sometimes frustrating one. The article seeks to introduce the reader to some of the more recent developments in the international jurisprudence of transsexualism and the underlying medical evidence that has supported them. It also offers criticism of the belated attempt by the State of Victoria,  with the Births, Deaths & Marriages Registration (Amendment) Act 2004, to establish certain statutory rights in this regard. While the legislation was enacted with the stated and very laudable purpose of providing for the  correction of birth records on the Register of Births of those people with transsexualism who have altered their phenotypic sex by hormonal  medication and surgery, the article argues it has also served to remove other equally important rights already won and proposes that a final remedy will only be found, as on previous occasions, in the courts.

When being a boy is everything: understanding Re Alex

The decision of the Family Court of Australia in the matter of Re Alex¹demonstrated yet again that there's nothing .like a bit of under-age sex to raise the armchair experts from their usual near-supine positions. The  opinions of commentators like Bill Muehlenberg,² John Flemming³ and Babette Francis⁴ and even, unfortunately, the July 2004 "According to Merit" article⁵ have been unlikely to advance the profession's understanding of the complex issues faced by people experiencing transsexualism. The factors that should be considered in determining a person's sex for the purpose of the law in Australia are now well-settled, yet controversies over diagnoses, access to treatment and consequent legal status continue almost unabated as Alex's case has so aptly demonstrated.

Can you seek security for costs in international arbitration in Australia?

International arbitrations can be conducted under either federal or State legislation in Australia. In both cases complexities arise in the resolution of procedural questions, such as whether security for costs can be granted. There is scant Australian case law on such issues. This article considers whether an arbitral tribunal or a court has the power [*2] to order security for costs in an international arbitration in Australia. After analysing Australia's international arbitration laws and discussing New Zealand and House of Lords' authority, it is argued that unless the parties have specifically empowered the arbitral tribunal to order security for costs, only the relevant court has that power, and even that is uncertain.

Towards a conceptual framework for citizenship

This chapter aims to provide a conceptual framework for discussing citizenship. It
offers a brief account of various dimensions of citizenship that may be used as a
guide to understanding the evolution of Western ideas and forms of citizenship, as
well as contemporary problems with them. The chapter considers citizenship as a
legal status, as an administrative category, as a political practice and as an ideal to
be attained. 1 It also considers the sites or domains in which citizenship is or ought
to be practised. Each of these dimensions raises questions that citizens, non-citizens
and governments have asked over the centuries and that still provoke debate.2
Nonetheless, the chapter makes no claim to be comprehensive and, for the sake of
brevity, its generalizations may not be sufficiently sensitive to the many variations
and peculiarities of Western concepts and practices of citizenship.

Still invisible : the myth of the woman-friendly state

Australian women faced the last two decades of the twentieth century, optimistic in their capacity to contribute positively to social change in the restructuring state. Encouraged by the relative euphoria of the late 1970s and early 1980s, women had a fleeting glimpse of the possibilities of woman-friendly legislation and feminist inspired government policy. What eventuated was the dismantling of supportive welfare structures, under the guise of economic rationalist state action, which undermined and eventually halted women’s economic and social advancement. This research project examines the impact of government policy on the welfare of Victorian women, through a feminist analysis of state and federal decision-making, framed in the context of case studies in the areas of employment, education and health. The promotion of ‘gender-neutral’ policy, by generally conservative bureaucracies, effectively exposes the mythical woman-friendly state. The implications do not auger well for Victorian women in the new millenium.

Female university students' perceptions of a sexual assault when victim and perpetrator gender are varied

This study examines the general impressions and blame attributions of Trinidadian university students in cases of sexual assault. Participants were 132 female students from the University of the West Indies, Faculty of Social Sciences. Each respondent read one of four sexual assault scenarios, in which victim and perpetrator gender were varied. Participants' impressions of the incident, opinions about each party's behaviour, blame attributions, attitudes about reporting the incident to the police, desired outcome, and their reasons for these were then assessed. Consistent with Burt's rape myth theory, the qualitative and quantitative results showed a tendency for participants to attribute an internal locus of control to female victims, and to blame them more than males. Although same sex events evoked significantly more emotional and disgust-related reactions, these reactions did not translate into different seriousness scores, or different ideas about whether the victim should report the incident to the police. Although respondents showed an ability to separate their initial reactions from their attitudes about the legal status of the event, many of the response patterns indicated gender role biases on the part of these future professionals.

Experiences of the stolen generation : laws and inequalities

Examines the inequalities of the Aboriginal Australian and politics, government, history, legal status and the effects of Aboriginal institutions in Western Australia. The researcher found that the destruction and disappearance of documents, files and records greatly impacted the thesis.