Southwestern law review.

Title from cover.

Journal of dispute resolution

Title from cover

The Nicaragua Canal. Is the Assessment in line with National Environmental Law?

In 2013, the Government of Nicaragua approved the concession for a 173-mile canal to the Hong Kong Nicaragua Canal Development Investment Group. As the Western Hemisphere's second poorest nation, Nicaragua is attracted the promises of economic growth that may come as a result of the Canal Project. However, potential economic benefits may be offset by environmental and social damages that would likely occur as a result of the project. The Canal would bisect 16 watersheds, 15 protected areas, and 25 percent of Nicaragua’s rainforest, which would have high impacts on biodiversity, watershed services, and indigenous communities. In 1996, Law No. 217 was enacted to standardize the use and conservation of the environment and natural resources of Nicaragua. My research compares the Environmental and Social Impact Assessment of the Nicaragua Canal to the Environmental provisions of Law No. 217. This analysis can help understand the legal viability of the ESIA under Nicaragua environmental laws.

Handing over the keys : Contingency, power and resistance in the context of section 3LA of the Australian Crimes Act 1914

Using the work and ideas of French theorist Michel Foucault the writer examines s 3LA of the Crimes Act, which provides law enforcement officers with power to compel a person to reveal their private encryption keys and other personal information, and concludes that such a section creates fear, redirects flow of power between law enforcement agencies and citizens, and creates resistance.

Assessing the performance of a nucleus estate and smallholder scheme for oil palm production in West Sumatra: a stochastic frontier analysis

In this paper, we study the performance of smallholders in a nucleus estate and smallholder (NES) scheme in oil palm production schemein West Sumatra by measuring their technical efficiency using a stochastic frontier production function. Our results indicate a mean technical efficiency of 66%, which is below what we would have expected given the uniformity of the climate, soils and plantation construction among the sample farmers. The use of progressive farmers as a means of disseminating extension advice does not appear to have been successful, and more rigorous farmer selection procedures need to be put in place for similar schemes and for general agricultural extension in future. No clear relationship was established between technical efficiency and the use of female labour, suggesting there is no need to target extension services specifically at female labourers in the household. Finally, education was found to have an unexpectedly negative impact on technical efficiency, indicating that farmers with primary education may be more important than those with secondary and tertiary education as targets of development schemes and extension programs entailing non-formal education. (C) 2003 Elsevier Ltd. All rights reserved.

The content of competence tests: Queensland judicial perspectives on non-accused child witnesses in criminal proceedings: Part 2

Part 1 appeared in UNIVERSITY OF QUEENSLAND LAW JOURNAL 22 (2) 2003 : 199-223 (AGIS 04/2890) - judicial perspectives on the content of competence tests for sworn and unsworn evidence - substantive criteria may vary according to whether a child is to testify sworn or unsworn - formal framing may vary given a judicial appraisal of a child's capacity and understanding - referability of competence tests to the Queensland legislation.