Global forest governance

This book identifies the fundamental legal principles and the governance requirements of sustainable forest management. An analytical model for assessing forest regulation is created which identifies the doctrinal concepts that underpin forest regulation (justice, property, sovereignty and governance). It also highlights the dominant public international institutions involved in forest regulation (UNFF, UNFCCC and WB) which is followed by analysis of non-state international forest regulation (forest certification and ecosystem markets). The book concludes by making a number of practical recommendations for reform of global forest governance arrangements and suggested reforms for individual international forest institutions.

Judicial intervention in the affairs of unincorporated religious associations in New South Wales

The leading Australian High Court case of Cameron v Hogan (1934) 51 CLR 358 confirmed that associations which are 'social, sporting, political, scientific, religious, artistic or humanitarian in character’, and not formed ‘for private gain or material advantage’, are usually formed on a basis of mutual consent. Unless there is some clear, positive indication that the members wish to relate to each other in a legal fashion, the rules of the association will not be treated as an enforceable contract in contrast to the rules of incorporated bodies. Australian unincorporated associations experiencing internal disputes, like those in most other common law jurisdictions, have found courts reluctant to provide a remedy unless there is a proprietary interest or trust to protect. This is further compounded by the judicial view that an unincorporated association has no legal recognition as a ‘juristic person’. The right to hold property and the ability to sue and be sued are incidences of this recognition. By contrast, the law recognises ‘artificial’ legal persons such as corporations, who are given rights to hold property and to sue and be sued. However, when a number of individuals associate together for a non-commercial, lawful purpose, but not by way of a corporate structure, legal recognition ‘as a group’ is denied. Since 1934, a significant number of cases have distinguished or otherwise declined to follow this precedent of the High Court. A trenchant criticism is found in McKinnon v Grogan [1974] 1 NSWLR 295, 298 where Wootten J said that ‘citizens are entitled to look to the courts for the same assistance in resolving disputes about the conduct of sporting, political and social organisations as they can expect in relation to commercial institutions’. According to Wootten J at 298, if disputes are not settled by the courts, this would create a ‘legal-no-man's land, in which disputes are settled not in accordance with justice and the fulfilment of deliberately undertaken obligations, but by deceit, craftiness, and an arrogant disregard of rights’. Cameron v Hogan was decided in 1934. There is an increasing volume of first instance cases which distinguish or, in the words of Palmer J, ‘just pay lip service’ to this High Court decision. (Coleman v Liberal Party of Australia (2007) 212 FLR 271, 278). The dissenting cases seem to call for a judicial policy initiative. This would require recognition by judges that voluntary associations play a significant role in society and that members have a legitimate, enforceable expectation that the rules of the association will be observed by members and in the last resort, enforced by the courts without the need to prove contractual intention, the existence of a trust or the existence of a right of a proprietary nature. This thesis asks: what legal, as distinct from political, redress does an ordinary member have, when a rule is made or a process followed which is contrary to the underlying doctrines and philosophies embodied in the constitutional documents of an unincorporated religious association? When, if at all, will a court intervene to ensure doctrinal purity or to supervise the daily life of a large unincorporated religious association? My research objective is to examine and analyse leading cases and relevant legislation on the enforceability of the constitutions of large, unincorporated, religious associations with particular reference to the Anglican Church in New South Wales. Given its numerical size, wide geographical spread and presence since the foundation of New South Wales, the Anglican Church in New South Wales, contains a sufficient variety of ‘real life’ situations to be representative of the legal issues posed by Cameron v Hogan which may be faced by other large, unincorporated, religious associations in New South Wales. In contemporary society, large, unincorporated, religious associations play an important community role. The resolution of internal disputes in such associations should not remain captive to legal doctrines of an earlier age.

Property : a regulatory instrument for protecting private and public interests in the environment

Property in an elusive concept. In many respects it has been regarded as a source of authority to use, develop and make decisions about whatever is the subject matter of this right of ownership. This is true whether the holder of this right of ownership is a private entity or a public entity. Increasingly a right of ownership of this kind has been recognised not only as a source of authority but also as a mechanism for restricting or limiting and perhaps even prohibiting existing or proposed activities that impact upon the environment. It is increasingly therefore an instrument of regulation as much as an instrument of authorisation. The protection and conservation of the environment are ultimately a matter of the public interest. This is not to suggest that the individual holders of rights of ownership are not interested in protecting the environment. It is open to them to do so in the exercise of a right of ownership as a source of authorisation. However a right of ownership – whether private or public – has become increasingly the mechanism according to which the environment is protected and conserved through the use of rights of ownership as a means of regulation. This paper addressed these issues from a doctrinal as well as a practical perspective in how the environment is managed.

Property : an instrumental institution for environmental governance

Property in an elusive concept. In many respects it has been regarded as a source of authority to use, develop and make decisions about whatever is the subject matter of this right of ownership. This is true whether the holder of this right of ownership is a private entity or a public entity. Increasingly a right of ownership of this kind has been recognised not only as a source of authority but also as a mechanism for restricting or limiting and perhaps even prohibiting existing or proposed activities that impact upon the environment. It is increasingly therefore an instrument of control as much as an instrument of authorisation. The protection and conservation of the environment are ultimately a matter of the public interest. This is not to suggest that the individual holders of rights of ownership are not interested in protecting the environment. It is open to them to do so in the exercise of a right of ownership as a source of authorisation. However a right of ownership – whether private or public – has become increasingly the instrument according to which the environment is protected and conserved. This article addresses these issues from a doctrinal as well as a practical perspective about how the environment is managed. It does so in five ways: ●considering briefly property as a concept ●reviewing property in its historical context ●analysing property as a human right ●examining property in natural resources ●reviewing judicial approaches to property in natural resources.

Succession law keeping pace with changes in technology and community expectations – informal wills

Purpose - The purpose of this paper is to provide insights into recent developments in the way the law of succession allows people to use new technologies to document their testamentary intentions in an informal way. Design/methodology/approach – This article considers one area in which the law has arguably kept good pace with advances in society’s expectations and technological change – the law of succession. This article examines the legislative reforms in Queensland and other jurisdictions permitting the recognition of informal wills and the decided cases in the area. In particular, the article examines the decision in a Queensland Supreme Court case in which the court recognised the validity of a will made on an iPhone. Research limitations/implications – This is a doctrinal analysis, not an empirical study, and accordingly is limited to providing details specific to the legislation and the court cases selected.

Rendering to Caesar and God : St Paul, the natural law tradition and the authority of law

The question of the authority of law has occupied and vexed the literature and philosophy of law for centuries. Law is something that characteristically implies obedience, but the precise nature of law’s authority remains contentious. The return to the writings of the Apostle Paul in contemporary philosophy, theology and jurisprudence begs attention in relation to the authority of law, and so this article will consider his analysis and critique of law with a focus on his Epistle to the Romans. It argues that Paul’s conception of the authority of law is explained on the basis that the law is from God, it externally sanctions obedience by virtue of the civil authorities, and it convicts internally in conscience. This triad is justified by the law of love (‘‘love your neighbor as yourself’’), and will be explained in relation to the natural law tradition as well as converse ideas in positivism. Hence, considering the reasoning of Paul in relation to traditional jurisprudential themes and the law of love provides a useful alternative analysis and basis for further investigation regarding the authority of law and the need for its obedience.

Milbank’s milieu : theorisations of truth, faith and reason

This article seeks to clarify and theorise three fundamental themes in the work of John Milbank: truth, faith and reason. In his work, Milbank often uses these terms in ambiguous ways, so the terminology requires clarity to facilitate further productive discussion. It is found that truth refers to the revelation of the divine relations in the Trinity, and these correspond with human relations when this revelation is apprehended by faith through participation. Faith means trust or persuasion, such that when the divine is graciously revealed, the mind is transformed and persuaded to participate in the divine relations. This faith is reconciled with reason, or logos, the divine word which is Christ and is the ultimate revelation of the Trinity through the Incarnation, which produces a reason that leads to peace based in faith.

Valé Bunny Watson? Law librarians, law libraries, and legal research in the post-internet era

Katharine Hepburn’s entertaining portrayal of reference librarian Bunny Watson in Desk Set (1957) moves her character from apprehension about new technology to an understanding that it is simply another tool. This article outlines the impact of technology on academic legal research. It examines the nature of legal research and the doctrinal method, the importance of law libraries (and librarians) in legal research, and the roles and implications of the Internet and web search engines on legal research methods and education.

Legal mechanisms for maximising community engagement with formal evacuation messaging: How well are these understood?

Study/Objective This program of research examines the effectiveness of legal mechanisms as motivators to maximise engagement and compliance with evacuation messages. This study is based on the understanding that the presence of legislative requirements, as well as sanctions and incentives encapsulated in law, can have a positive impact in achieving compliance. Our objective is to examine whether the current Australian legal frameworks, which incorporate evacuation during disasters, are an effective structure that is properly understood by those who enforce and those who are required to comply. Background In Australia, most jurisdictions have enacted legislation that encapsulates the power to evacuate and the ability to enforce compliance, either by the use of force or imposition of penalty. However, citizens still choose to not evacuate. Methods This program of research incorporates theoretical and doctrinal methodologies for reviewing literature and legislation in the Australia context. The aim of the research is to determine whether further clarity is required to create an understanding of the powers to evacuate, as well as greater public awareness of these powers. Results & Conclusion Legislators suggest that powers of evacuation can be ineffective if they are impractical to enforce. In Australia, there may also be confusion about from which legislative instrument the power to evacuate derives, and therefore whether there is a corresponding ability to enforce compliance through the use of force or imposition of a penalty. Equally, communities may lack awareness and understanding of the powers of agencies to enforce compliance. We seek to investigate whether this is the case, and whether even if greater awareness existed, it would act as an incentive to comply.

An elegy for Greg Ham: Copyright law, the Kookaburra case, and remix culture

The ‘Kookaburra’ case was a tragic and controversial copyright dispute, highlighting the need for copyright law reform by the Australian Parliament. In the Kookaburra case, a copyright action was brought by Larrikin Records against Men at Work’s song ‘Down Under’, alleging copyright infringement of the ‘Kookaburra’ song composed by Marion Sinclair. The dispute raised a host of doctrinal matters. There was disquiet over the length of the copyright term. There were fierce contests as to the copyright ownership of the ‘Kookaburra’ song. The litigation raised questions about copyright infringement and substantiality – particularly in relation to musical works. The ‘Kookaburra’ case highlighted frailties in Australia’s regime of copyright exceptions. The litigation should spur the Australian Law Reform Commission to make recommendations for law reform in its inquiry Copyright and the Digital Economy. This article provides a critical evaluation of the options of a defence for transformative use; a defence for fair use; and statutory licensing. The ‘Kookaburra’ case also examines the question of appropriate remedies in respect of copyright infringement. The conclusion considers the implications of the Kookaburra case for other forms of musical works – including digital sampling, mash-ups, and creative remixes. It finishes with an elegy for Greg Ham – paying tribute to the multi-instrumentalist for Men at Work.

Intellectual property and biofuels: The energy crisis, food security, and climate change

In light of larger public policy debates over intellectual property and climate change, this article considers patent practice, law, and policy in respect of biofuels. This debate has significant implications for public policy discussions in respect of energy independence, food security, and climate change. The first section of the paper provides a network analysis of patents in respect of biofuels across the three generations. It provides empirical research in respect of patent subject matter, ownership, and strategy in respect of biofuels. The second section provides a case study of significant patent litigation over biofuels. There is an examination of the biofuels patent litigation between the Danish company Novozymes, and Danisco and DuPont. The third section examines flexibilities in respect of patent law and clean technologies in the context of the case study of biofuels. In particular, it explores the debate over substantive doctrinal matters in respect of biofuels – such as patentable subject matter, technology transfer, patent pools, compulsory licensing, and disclosure requirements. The conclusion explores the relevance of the debate over patent law and biofuels to the larger public policy discussions over energy independence, food security, and climate change.

Assessing testamentary capacity – who does it better? Lawyers or doctors?

The effects of mentally disabling conditions on legal capacity are escalating, particularly given the ageing Australian demographic. Wills, enduring powers of attorney, and advance health directives are coming to the fore as a means of ensuring that the wishes of people with regard to their property, finances and health care needs are respected should they become legally incapable of making their own decisions. Assessing when a person has lost legal capacity in this context is an ever-increasing concern facing society as a whole but, in particular, the legal and medical professionals conducting the assessments. Empirical and doctrinal research has been undertaken which canvassed legal and medical opinions about the relationship between members of these professions when assessing legal capacity. This research supports the hypothesis that tensions exist when assessing capacity, especially testamentary capacity. One source of tension is the effect of conflicting evidence about the loss of legal capacity given by legal and medical professionals in court, which raises questions such as: which evidence is, and should be, preferred; and who should be responsible? The exploration of these issues will be conducted with reference to the empirical data collected, and a review of the relevant Australian case law.

But if you desire God and His Messenger : The concept of choice in Sahih al-Bukhari

The aim of this dissertation is to discuss the concept of choice in the most important collection of Islamic traditions, Sahih al-Bukhari. The author of the collection, Muhammad ibn Isma'il al-Bukhari, lived between 810-870. My starting point is the collection of texts as it is now in its normative, established form. I read the hadiths as pieces of reality, not as statements about reality. The historicity of the texts has no role at all in my analysis. Part I sketches out the hagiography of the life and work of the author and provides a short history of the development of hadith literature and the processes of collecting and classifying the texts are discussed briefly. Part one ends with the presentation of my way of using rhetorical analysis as a methodological tool. Part II introduces my analysis of the concept of choice. It is divided into ten chapters, each concentrating on one hadith cluster. Part II ends with a discussion of the philosophy of free will and predestination in early Islam. Hadith literature is often considered as a representative of predestinarian theology compared to the Qur'an which emphasises the reponsibility of people of their own acts. In my conclusions I suggest that accoding to the texts in Sahih al-Bukhari, people do deal with real choices in their lives. The collection includes both strictly predestinarian texts but it also compises texts which claim that people are demanded to make real choices, even choices concerning life and death.

Etuoikeutettu sukupuoli? : Käsitys auktoriteetista Elisabeth Schüssler Fiorenzan feministisessä teologiassa

A Priviledged Gender? The Question of Authority in the Feminist Theology of Elisabeth Schüssler Fiorenza. Elisbeth Schüssler Fiorenza (b. 1938) is one of the pioneers of Christian feminist theology. The aim of this study is to analyze what she understands by the authority of women as (re)interpreters of the Bible and the Christian tradition. The research method is conceptual analysis, and the sources consist of Schüssler Fiorenza s key writings from 1975 to 2006. The starting point of the study is Schüssler Fiorenza s definition of the task of feminist theology as claiming women s intellectual-religious authority. It is assumed that the issue of authority offers an angle from which Schüssler Fiorenza s feminist theology can be understood as a whole. It is also supposed that the notion of authority opens up a perspective on the way Schüssler Fiorenza dialogues with non-theological feminist theory in her writings. The analysis is first directed to five key concepts of Schüssler Fiorenza s work: authority, patriarchy, androcentrism, gender and women-church, i.e. the ekklesia of wo/men. Special attention is given to her gender-theoretical considerations and her neologism wo/men, by which she refers to women and marginalized men. The aim of this conceptual analysis is to clarify her thought on the subjects of feminist theology. In addition, Schüssler Fiorenza s dialogue with other feminist scholars is evaluated. It is argued that eclecticism characterizes her way of treating non-theological feminist theory. Rewriting early Christian history from a feminist perspective is at the core of Schüssler Fiorenza s scholarship. From her early writings on, she argues for women s authority to define the Christian religion, past and present. In the 1990s Schüssler Fiorenza s theoretical background is feminist standpoint epistemology, and she represents feminist women as an epistemologically priviledged group. Later she claims to defend the epistemic authority of all those wo/men women and men who want to produce emancipatory knowledge. The analysis of Schüssler Fiorenza s work on feminist biblical interpretation shows that her stated aim to regard both women and men as subjects of feminist theology is not realized in the actual descriptions of her hermeneutical model. In fact, Schüssler Fiorenza argues for the authority of feminist women to interpret the Bible in their own interests . Thus in her work, women seem to figure as representatives of the priviledged gender in the field of biblical and theological knowledge.

Tieteellinen ajattelu yliopisto-opinnoissa : haastattelututkimus psykologian, teologian ja farmasian opiskelijoista

The aim of this dissertation is to explore the academic thinking and personal epistemology of university students. More specifically, the aim is to understand and promote students’ research and academic skills as a central goal of academic studies in the research-intensive university of Helsinki. Two of the four studies examine the personal epistemology of psychology students in different study phases, and the variation in personal epistemology among final-year psychology, theology and pharmacy students. Furthermore, personal epistemology was explored as a phenomenon among the student groups. In the fourth study the individual answers of the students interviewed are investigated in more detail. The main focus is on examining students’ beliefs about the nature of knowledge and knowledge acquisition as a representation of their personal epistemology. Study I presents a model which describes the main elements and aspects of teaching and learning in pharmacy education. Firstly, the meaning of quality of teaching and learning is explored. On the basis of this information, the study concentrates on the pedagogical implications of changing pharmacy teaching to improve the quality of learning. Study II describes the results of a cross-sectional study of psychology students participating in undergraduate and master’s level psychology programmes. The students (N = 53) were interviewed concerning their beliefs about knowledge and knowing, the aim being to explore students’ responses about thinking and reasoning. The results are analysed using content analysis to create categories of personal epistemology and comparisons among the students according to the phase of their studies. Study III examines interdisciplinary differences in final-year psychology, pharmacy and theology students’ (N = 52) academic thinking and personal epistemology. The aims of study IV are to examine and compare the consistency of personal epistemology profiles among university students (N = 87) representing three academic disciplines. The individual answers are examined and rated on a scale from absolutist to evaluativist thinking. On the basis of this data, three personal epistemology profiles are identified: a) absolutist profiles; b) relativistic profiles; and c) evaluativist profiles consisting of the subgroups entitled “limited” and “sophisticated”. The results of the studies clearly demonstrate that personal epistemology varies between students in different age groups, study phases, and disciplines. Three categories, including several subcategories, emerge to describe the personal epistemology of students. Furthermore, three personal epistemology profiles can be identified from the data. The comparison between students reveals interesting differences and similarities among student groups, and developmental trends of personal epistemology.