http://www.researchonline.mq.edu.au/vital/access/services/Feed ${session.getAttribute("locale")} 5 http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:19112 Some sectors of society wishing to see commerce adopt high standards of corporate citizenship may feel that those managers who do not enthusiastically embrace voluntary social or environmental reporting are trying to avoid their obligations to the broader community. This may be a naïve and unfair judgement. The job of the corporate manager is to use other people’s money to meet other people’s goals. With the role comes a moral and legal responsibility. A challenge for the responsible steward is to balance the private interest of the owners against the public desire for more information about corporate social performance. In this chapter, we explore the line between a narrow perspective on a manager’s legal responsibility to be frugal with corporate resources, and the growing expectation that management will spend some of these resources on corporate reporting that may in itself increase pressure on the corporation to spend further resources pursuing social ends. 2012-05-15T04:50:02.972Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:19113 10 page(s) 2012-05-10T09:51:06.936Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:17862 In recent decades there has been a shift in attitude in relation to natural resource management. Whereas in the past positivist legal approaches have been taken to environmental regulation, increasingly attention is turning towards more decentralised and community-based practices. Initiatives that involve the participation of all stakeholders are clearly morally persuasive and socially responsible. Furthermore, from a practical perspective many such projects have had positive social and environmental outcomes. However, there is relatively little literature devoted to identifying the legal frameworks that could be used to support community-based environmental management. This paper seeks to fill that gap by providing an introduction to the legal theories, principles and concepts that may be used as a foundation for legal frameworks that support communities taking control of their own environment. In particular, attention will be given to Indigenous communities and the concepts of environmental justice as well as principles of international law including human rights and the emerging law of sustainable development. 2012-03-01T08:08:00.131Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:15397 In recent decades, there has been increasing recognition of the economic, environmental and social importance and value of cultural heritage. At the same time cultural heritage has come under increasing pressure as the processes of modernization and globalization have been compounded by environmental degradation, with the threat of further losses due to climate change. The international community has responded with a rapid expansion of international law concerned with protecting all aspects of cultural heritage. In the past, greater attention was given to monumental heritage but more recently the focus has turned to include intangible elements, providing greater universality in the coverage of international heritage law. This chapter will focus upon the small island developing states of the Pacific and the approaches taken to cultural heritage conservation in that region. Particular attention will be drawn to governance gaps and the opportunities that the Convention on the Safeguarding of Intangible Cultural Heritage may offer. Barriers to implementation will also be explored as they remain significant issues for the small island developing states in the Pacific region which have considerable cultural heritage but less legal recognition and protection of it. 2011-10-13T11:50:26.564Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:14579 34 page(s) 2011-08-21T19:00:36.975Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:14507 6 page(s) 2011-08-17T23:01:43.034Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:1923 2011-08-09T06:20:05.527Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:13295 Thesis (PhD)--Macquarie University, Division of Law, Centre for Environmental Law, 2005. 2011-05-25T21:40:21.194Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:11953 2 page(s) 2011-02-25T03:30:08.892Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:11890 14 page(s) 2011-02-21T21:10:30.017Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:10331 48 page(s) 2010-10-29T02:42:43.901Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:4630 31 page(s) 2010-10-28T22:50:14.006Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:1904 29 page(s) 2010-10-13T04:20:15.751Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:4629 41 page(s) 2010-10-08T06:47:38.410Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:9022 This paper will briefly outline the origins, structure and functions of UNEP (United Nations Environment Program) and the CSD (Commission on Sustainable Development) in the context of the goals of Ecologically Sustainable Development (ESD). Economic development, social development and environmental protection form the three interconnected parts of sustainable development. The Rio Declaration Principle 4 states "In order to achieve sustainable development, environmental protection shall constitute an integral part of the development process and cannot be considered in isolation from it."Agenda 21 (paragraph 38.7) also defined the overall objective of the institutional arrangements as "the integration of environment and development issues at national, sub-regional, regional and international levels, including in the United Nations system institutional arrangements." 2010-10-08T05:02:31.860Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:8962 Sustainable development has become the catchcry for environmental protection. However, whilst sustainability goals of social, economic and environmental improvement can be easily identified, appropriate methods to resolve the often conflicting issues remain elusive. In particular, achieving positive outcomes in relation to biodiversity conservation is presenting a challenge for small island states, many of which suffer from similar problems: population pressures, cultural conflicts, economic constraints and environmental threats. Top down legal approaches have been imposed with limited success and it has now been recognised that bottom up, community based, participatory mechanisms are preferable. Much work has been done in the South Pacific to support and enhance community based conservation and management of marine areas, notably the Locally Managed Marine Area (LMMA) Network. However, it has been recognised that legal underpinning is necessary to ensure the sustainability and long term success of such projects. A range of different approaches to marine conservation have been taken in the South Pacific. In Samoa basic provisions in the national environmental legislation have been utilised to support community based projects. However, the linchpin of the success of the system is the empowerment of the village Fono and formal legal recognition of traditional customs and practices under the Fono Act. An alternative approach has been taken in Vanuatu where customary laws have been successfully incorporated into a western legislation model to provide an environmental protection regime, which meets the needs of its people by providing both sustainable livelihoods and conservation of biological diversity. The achievement of triple bottom line goals is problematic the world over, but particularly keenly felt in small island states with large indigenous populations and strong customary laws and practices. However, the experiences of Samoa and Vanuatu have shown that, if the political will to do so is present, there is no impediment to synthesising customary law and the western common law system to achieve improved outcomes in biodiversity conservation. 2010-07-19T06:30:18.316Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:1081 Book review of 'The precautionary principle in practice: environmental decision-making and scientific uncertainty' by Jacqueline Peel, The Federation Press, 2005. ISBN 9781862875197. 256 pp. 2010-07-12T02:20:26.189Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:8366 2010-05-31T13:20:47.510Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:4459 Examining institutions rather than themes, this critical book provides a comprehensive survey of the inter-relationship between trade-induced economic growth and the environment and its impact on the global quest for sustainable development. Focusing in particular on the interests and concerns of developing countries and the skewing of international environmental policies into justifications for trade protectionism Shawkat Alam argues that environmental protection issues are inextricably linked with the economic development of developing countries whilst offering arguments for reforming the current international trade and environmental paradigms. Covering contemporary developments on both a global and regional level in a systematic fashion and examining the United Nation s approach to sustainable development, this book is of interest to those studying in a range of disciplines, including development studies, environmental economics, the politics of international trade and environmental politics. 2010-05-06T00:06:08.951Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:7724 2010-04-13T05:40:37.760Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:152 "July 2007". 2010-02-10T01:20:36.930Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:1083 Deep-sea genetic resources and the interest of the biotechnology industry in their exploitation are emerging as a significant challenge for international oceans governance. Focusing on the ecosystems associated with deep-sea hydrothermal vents in areas beyond national jurisdiction this book examines a range of emerging activities in the deep sea including bioprospecting, marine scientific research, mining and tourism and considers the effectiveness of existing international law and governance mechanisms to sustainably manage these activities. It includes a detailed examination of the nature and extent of bioprospecting in the deep sea and its relationship with other activities such as marine scientific research. The book sets out in detail suggestions for how international law and policy regimes could respond to these challenges. As the first detailed study on this issue it will be useful reference for academics, diplomats, economists, scientists and policy makers alike. 2010-01-27T23:20:37.897Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:1199 The protection of Australia’s natural and cultural heritage is one of the most challenging and controversial issues in current environmental debates. This is particularly the case in the context of indigenous cultural heritage which has received the recent attention of legislators in Queensland, the Australian Capital Territory and Victoria. The focus of cultural heritage legislation enacted or currently under consideration in Australian State and Territory jurisdictions has been twofold. First, the legislation aims to create a decision making framework within which indigenous people have a meaningful (and in some cases, determinative) role in conserving their heritage. Secondly, recent reforms have focussed on the need for effective integration of indigenous cultural heritage protection into resource management and land use planning practices. This article outlines a number of reform initiatives contained in the first of this new generation of indigenous cultural heritage laws, focussing on the Aboriginal Cultural Heritage Act 2003 (Qld). Some comparisons will be drawn between the Queensland legislation, the Heritage Act 2004 (ACT) and the recently enacted Aboriginal Heritage Act 2006 (Vic). Recent Australian indigenous cultural heritage laws are moving towards achieving significant improvements in the way such heritage is identified, managed and protected. However, the divergent approaches to indigenous heritage in Australian State and Territory legislation continue to leave the effective regulation of this important area in uncertainty for Aboriginal people and those parties who own or use areas that contain indigenous cultural heritage. 2010-01-27T23:19:22.655Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:1201 The complex and transboundary nature of current environmental problems has turned them into global issues that intricately linkecology, economics and politics. The sectoral and fragmented development of institutions to address these global problems has been unable to keep pace with the increasing interdependence of the economy and ecology. There is an incongruity between the problems which arise from the interconnected nature of the global ecosystem, and their solutions, which are sought in the framework of a geopolitical system based on the sovereign State. Global environmental problems warrant global solutions on a multilateral basis. Thus, any national effort to address these issues without a support network of international institutional instruments and principles is likely to be ineffective. Furthermore, any individual organization or actor is further prevented from responding to environmental needs because of the overriding North-South dynamics of the problem. The United Nations (hereinafter "UN") is exceptionally well positioned for addressing these issues. The UN is the only multilateral organization that possesses universal membership and is global in its scope. It can better help governments in their environmental protection initiatives because of its multidisciplinary capabilities and broad experience involving all stakeholders in the trade and environment regimes. The UN continually strives to achieve international cooperation and support for capacity building in trade, environment and development in the South. The UN, through its many specialized agencies, also carries out work and reporting on the development of a framework to integrate trade and environmental policies by taking into account the special needs of developing countries. In addition, the UN process has offered developing countries, despite their weaker bargaining power, an opportunity to participate effectively in negotiations in which industrialized nations have had to make considerable concessions. Part II of this article will provide a brief summary of the emergence of environmental concerns in the UN, and the ways in which members sought to link these concerns with international trade issues. Part III will outline the role of the first UN organization to deal explicitly with trade and environment issues, the UN Conference on the Human Environment. One of the key outcomes of this conference, the UN Environment Program will be discussed in Part IV. The contribution of the 1992 UN Conference on Environment and Development to trade and environment issues will be discussed in Part V. Part VI will look at key outcomes of this conference, including Agenda 21 and the Rio Declaration, and Part VII will provide a critique of both of these documents. Finally, Part VII will analyze some important issues for developing countries in the UN's approach to trade and the environment. 2010-01-27T23:19:21.087Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:1200 A variety of taxation incentives to encourage philanthropy and environmental conservation by private landowners have applied in jurisdictions such as the United States and Canada for many years. This article examines the introduction of tax incentives under the Income Tax Assessment Act 1997 (Cth) to encourage the use of conservation covenants by private landowners to provide permanent protection to the environment in Australia. The amendments, which apply to certain types of conservation covenants entered into on or after 1 July 2002, provide for income tax deductions and concessional capital gains tax treatment where a qualifying conservation covenant is created. The legal and policy background to the introduction of the tax concessions in Australia is outlined and the requirements of the relevant legislative provisions discussed. The article raises a number of issues concerning the potential effectiveness of such incentives to facilitate private conservation of biodiversity. 2010-01-27T23:19:21.078Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:1341 Book review of 'Environmental law for sustainability', edited by B. J. Richardson and S. Wood, Oxford and Portland Oregon: Hart Publishing, 2006. 2010-01-27T23:17:44.538Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:1445 This volume of new essays presents critical new scholarship on law for sustainable development. Contributors provide international and comparative perspectives on the current state of environmental law and its future directions. This book makes an interdisciplinary analysis of the role of law in sustainable development. 2010-01-27T23:16:34.835Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:1902 26 page(s) 2010-01-27T23:10:49.431Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:1903 32 page(s) 2010-01-27T23:10:48.284Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:1924 6 page(s) 2010-01-27T23:10:28.641Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:1926 26 page(s) 2010-01-27T23:10:26.888Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:2130 The proposed Indian River-linking Project is based on the Indian National Perspective Plan for the diversion of huge amount of waters from the major internationally shared rivers, which includes among others the Ganges and the Brahmaputra rivers. There are two components of the project. Its first component aims to link 14 Himalayan rivers in Northern India and the second component would connect 16 peninsular rivers in Southern India. The first component involves the establishment of connection with the Ganges and the Brahmaputra, which is of special interest to Bangladesh. India seeks to complete this ambitious project by 2016. The Supreme Court of India, in response to a writ petition has directed the government of India to complete the construction of the river linking project by 2012. This proposed scheme for interlinking rivers in India has become a grave cause of concern in Bangladesh and created new tensions with India. Bangladesh expressed its concerns over the potential impact of India’s project on interlinking of trans-boundary rivers on the economy and environment of Bangladesh. Water diversions by India are likely to have a serious impact on Bangladesh's access to and use of fresh water as a lower riparian country. The outcome of the project has the potential to be an unprecedented man made disaster for natural ecosystems and human health in Bangladesh. Many including the civil societies in both India and Bangladesh are now apprehensive of its viability and detrimental effects. The controversy surrounding the project is steadily outgrowing the national arena of Bangladesh and India and making the project an international concern. This paper examines the impact of this project on downstream ecology and economy of Bangladesh. It analyses the relevant international law, international environmental law and policies in determining the rights and obligations of the riparian states in sharing and utilising their common water of international rivers. It outlines the responsibility and liability of riparian states, such as India, for their action in diverting the waters of international rivers causing serious detriment to the use and rightful share of co-riparian states, such as Bangladesh. 2010-01-27T23:07:53.368Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:2131 Multilateral Environmental Agreements (MEAs) provide the regulatory framework of principles and policies for the protection of the global environment and for addressing global environmental problems. Together, the MEAs form an international environmental regime made up from a number of agreements designed to strengthen international cooperation to address environmental problems. MEAs prescribe different types of trade measures. Some of them take the form of outright bans/prohibitions, quotas and certificate arrangements that include import and/or export permits and prior informed consent procedures and mandatory labeling schemes. Such trade measures have at times been considered negative, coercive and even punitive, yet they may be applied between parties to an MEA, and/or between parties against non-parties. As the environment and economy are interlinked, the environmental protection measures set out in MEAs will inevitably overlap with world free trade rules. They often have the same parties and address the same issues from different perspectives. This overlapping results in MEA-WTO linkages. Such linkages have the potential to impact the scope and amount of global free trade. This paper will examine the interaction of trade and the environment in three MEAs, and argue that these interactions leave developing worse off than developed countries. 2010-01-27T23:07:53.362Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:2846 16 page(s) 2010-01-27T22:59:45.985Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:2908 Book review of 'The Yearbook of European environmental law' edited by T.F.M. Etty and H. Somsen, Oxford: Oxford University Press, 2005. 2010-01-27T22:59:14.444Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:3099 As the new economic order takes hold under the recent phenomenon referred to as ‘globalisation’, spreading its rapacious tentacles into the social,economic and cultural fabrics of every nation, signs of impending disaster are becoming increasingly apparent, particularly in the context of globalisation’s impact on the ecological well-being of the planet and its inhabitants. Like many other universally recognised paradigms such as sustainable development or even free trade, the term globalisation cannot be reduced to a single, readily understood and accepted concept. Instead, it is constantly changing shape, depending on how, where and against whom or what the impacts of globalisation apply. 2010-01-27T22:57:10.920Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:3359 The paper reviews the international legal protection afforded to cultural heritage. Specific reference is made to recent cultural losses in Afghanistan, Iraq and the former Yugoslavia. 2010-01-27T22:54:05.610Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:3403 Book review of Jared Diamond's 'Collapse: how societies choose to fail or survive'. 2010-01-27T22:53:40.559Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:3406 16 page(s) 2010-01-27T22:53:38.596Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:3407 7 page(s) 2010-01-27T22:53:37.147Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:3410 44 page(s) 2010-01-27T22:53:35.154Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:3517 A book review of ‘The Disappearing "Asian" city : protecting Asia’s urban heritage in a globalizing world’, William S. Logan (ed.), Oxford University Press, 2002, ISBN 9780195921052. 2010-01-27T22:52:28.084Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:3711 Achieving biodiversity conservation whilst addressing the broader aims of sustainable development, is presenting a challenge for countries the world over. This is particularly so for small island developing states. Top down legal approaches have had limited success and attention has now turned to bottom up, participatory mechanisms. There have been many community-based marine biodiversity conservation projects in the South Pacific but in order to ensure their longevity and legitimacy greater legal support is necessary. One approach that may be effective in this regard involves the blending of customary law and legislation, as illustrated by the experiences of Samoa and Vanuatu. 2010-01-27T22:49:59.081Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:3858 13 page(s) 2010-01-27T22:48:03.854Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:3859 20 page(s) 2010-01-27T22:48:03.841Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:4158 Sustainable development goals of social, economic and environmental improvement can be easily identified, but appropriate methods to resolve the often conflicting issues remain elusive. The achievement of triple bottom line goals is problematic the world over, but particularly keenly felt in small island states with large indigenous populations and strong customary laws and practices. Top down legal approaches have been imposed with limited success and it has now been recognised that bottom up, community based, participatory mechanisms are preferable. The Locally Managed Marine Area (LMMA) Network is an example of a successful initiative involving communities in the protection of their local marine environment through the implementation of community based adaptive management techniques. The LMMA Network has been remarkably successful in the Fiji Islands where the knowledge, traditional practices and customary laws of its indigenous population have been utilised to achieve positive outcomes. LMMA implementation in Fiji has led to increased marine biodiversity and a corresponding reduction of poverty in areas where rural livelihoods depend on marine resources. Equally important, the LMMA process has improved community solidarity. The experience of the LMMAs may offer best practice guidance to many other countries facing similar challenges. 2010-01-27T22:44:39.852Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:4179 Comprehensive data on contaminated sites across Australia is not available. The two most populated states (New South Wales and Victoria) each have at least 30 000 contaminated sites. Many regulatory agencies have tried to assess the risk of land contamination by reference to indicative lists of the types of land uses likely to cause soil or land contamination. Australia has a federal system with 9 jurisdictions and each have different regimes relating to contaminated land. There is only one jurisdiction (Queensland) where there has been any attempt at a comprehensive identification of potentially contaminated and contaminated sites. The Commonwealth Government provides guidelines and standards but primary regulatory authority remains with state and territory governments. This paper considers the scope of liability and the role of the Commonwealth Government. Most parties with an interest in potentially contaminated land are forced to rely on risk assessment processes. For high risk properties, this usually involves a site audit. This is most likely to eventuate if there is a contamination incident, on or near the land or in the groundwater, an intensification or change in use or a transaction involving the land. The legal framework relating to these issues is reviewed in the context of the New South Wales (State) land contamination regime. The provisions to pierce the corporate veil, in relation to remediation orders, are very important. New South Wales has unusually strong legislative provisions for attributing personal environmental liability to directors and managers. The overall situation is far from satisfactory, but is indicative of the peculiarly Australian approach. The government pass huge numbers of statutes and they grow complex administrative systems under them. However, when it comes to compliance and enforcement, there is a strong preference for informal approaches. This makes it extremely difficult to study these aspects in any reliable way. 2010-01-27T22:44:27.377Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:4180 This paper focuses on the response of the international community to the need to conserve biodiversity of genetic resources and ensure that they are developed in a sustainable manner within an internationally sanctioned and enforceable legal framework. It gives an overview of the Convention on Biological Diversity (CBD) and examines in some detail the provisions in the CBD that are particularly relevant to the protection of intellectual property rights, namely, those dealing with access and benefit sharing and the transfer of technologies and the protection of traditional knowledge under Article 8j. The paper then explores the relationship between the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights and the CBD and the latter's impact on biological diversity. 2010-01-27T22:44:26.151Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:4476 42 page(s) 2010-01-27T22:41:14.124Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:4508 Gene technology has the potential to improve, as well as impair, all facets of life including biodiversity. To avoid the latter and facilitate the former, gene technology must be effectively and efficiently regulated. The Commonwealth of Australia has attempted to do this by enacting the Gene Technology Act 2000 (Cth), which came into force on 21 June 2001. Before providing a critique of this Act, this paper will discuss the possible impacts of gene technology on biodiversity. A discussion of the Gene Technology Act’s regulatory regime, object, incorporation of the precautionary principle, relationship with the States, regulatory bodies, licensing system and review provisions will then be provided. This discussion will outline and identify the shortcomings of the aforementioned facets of the Gene Technology Act. Suggestions as to how the Gene Technology Act can better protect and conserve biodiversity, and thereby be improved, will also be proposed. 2010-01-27T22:40:49.589Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:4732 At a time when many developed countries are searching for alternatives to national park schemes, some of the less wealthy nations have already adopted other sustainable mechanisms for protected area management. Vanuatu is one such country - a nation that has retained a surprisingly rich cultural heritage despite many years of administration by Britain and France. Vanuatu's customary laws have been successfully incorporated into a western legislation model to provide a regime, which meets the needs of its people by providing both sustainable livelihoods and environmental protection. 2010-01-27T22:38:10.411Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:4856 This article discusses the potential legal obligations of researchers who obtain cultural, technological, religious or mystical knowledge from Indigenous custodians. It is argued that the combination of four existing areas of law: confidential information, equitable estoppel, statutory prohibitions against misleading or deceptive conduct, and unjust enrichment may in effect provide a comprehensive protection to Indigenous peoples against the misuse of knowledge they share with researchers, even without sui generis law or international treaties. Unlike previous approaches to this topic, this paper is not proposing new legal concepts. The obligations discussed are already present in most common law jurisdictions. Affected researchers may be surprised at the extent of this protection, and the commensurate extent of their legal obligations. Research institutions may find themselves being held accountable for not having complied with these responsibilities. An outline of one mechanism to formalise and make clear researcher responsibilities is provided. It is hoped that such a mechanism will aid researchers and research institutions in fulfilling their legal and moral responsibilities in regard to Indigenous knowledge. 2010-01-27T22:36:53.290Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:4871 31 page(s) 2010-01-27T22:36:43.810Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:4980 This chapter argues that the policy, institutional, legal and personal changes necessary for society to achieve sustainable development requires widespread education, public awareness and training. Universities play a critical role in educating those who develop and manage society's institutions. In addition it canvasses the special role of universities in the development of environmental law and energy conservation. 2010-01-27T22:35:26.864Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:5045 Indigenous co-management of lands, waters, seas and resources is rapidly expanding throughout the world. The most highly regarded models have been developed in Australia and Canada. Their 'success' has been largely anecdotal and based on informal practices and relationships developed by dedicated participants. The focus has been on practical means of making co-management work on the ground. Much has been gained in this process. However, fundamental conflicts and issues relating to Indigenous rights have often been ignored. It cannot be assumed that conservation and managerial agendas will be the same as the aspirations of Indigenous owners. This article critically reviews the very diverse Australian and Canadian experiences, having regard to international and national legal standards recognizing the comprehensive rights of Indigenous peoples, and suggests that a more 'rights based' approach to co-management is needed. More careful attention also needs to be given to the contexts and parties involved. Indigenous roles will vary depending on whether co-management is part of self government negotiations, or more limited agendas related to conservation, sustainable resource management or mainstream planning and development frameworks. 2010-01-27T22:34:45.843Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:5123 40 page(s) 2010-01-27T22:33:58.534Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:5140 41 page(s) 2010-01-27T22:33:47.856Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:5207 I. Introduction - 2. Background - 3. Role of indigenous peoples in international environmental law - 4. Role of indigenous peoples in Australian environmental law - 5. The cultural importance of hunting and gathering for indigenous peoples - 6. Co-management as a strategy for indigenous participation in wildlife management in Australia - 7. New South Wales co-management - 8. Marine co-management - 9. Northern Territory and Queensland co-management - 10. Lessons learnt from Africa - Community Based Wildlife Management - 11. Towards Community Based Wildlife Management in Australia - 12. Problems with the Community Based Wildlife Management approach -13. Concluding comments. 2010-01-27T22:33:04.884Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:5499 The Demilitarized Zone (DMZ) between North and South Korea is unique in that it exists as the demarcation line between two densely populated nations of Northeast Asia and yet for the past fifty-four years has been isolated from human habitation and contemporary human impacts. As such it exists as a pristine environmental sanctuary and hosts a variety of plant and animal species and must be protected as North and South Korea move towards a lasting peace over the next few years. This paper looks at the various existing legal frameworks that might be employed to ensure the DMZ's protected future status and provides a comprehensive overview with respect to a number of initiatives in both the local and international arenas. It concludes with some suggestions with the way forward. 2010-01-27T22:30:03.734Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:5619 2010-01-27T22:28:36.200Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:5774 The protection of the environment and the prevention of the transboundary damage caused by pollution have become the common interest and responsibility of the international community. In order to effectively prevent the transboundary movement of harmful wastes and make up for the limitations of traditional theories, it is essential to redefine traditional State responsibilities to adapt to the trends of environmental protection and the development of international laws. By using the "Principle of Relative Sovereignty" as a base, this can be achieved by introducing strict liability, complementing State liability, establishing the undertakers of State responsibilities and undertaking collateral obligations. In recent years, in order to escape the high costs involved in the disposal of harmful wastes some developed countries adopted the method of transboundary movement of waste to ease their financial burden. It is predicted that the smuggling of harmful wastes will become a continuous developing industry. Consequently, resolving the issue of the transboundary movement of harmful wastes has become a matter of international importance. 2010-01-27T22:26:38.332Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:6175 The article analyzes the development of international trade-environment linkage in the World Trade Organization (WTO) Ministerial Conferences in the context of the post-Uruguay Round. The developments in the trade-environment linkage have failed to address the interests and concerns of developing countries. This would affect the economic growth of these countries. The aim of the developed countries to develop this type of linkage is just to fulfil their commercial interests. There is a need for the WTO to take account of the concerns of the developing countries and to integrate sustainable development as part of future trade negotiations. 2010-01-27T22:21:40.638Z ]]> http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:6779 Since gaining independence 30 years ago Samoa has been proactive in returning control of government, land and resources to traditional owners. The most recent challenges have been in the areas of biodiversity conservation and the creation of sustainable livelihoods. Samoa has taken a progressive approach by recognising the unique value in traditional knowledge and cultural practices that have developed over generations. By incorporating customary law and practice into natural resource management laws and policy, Samoa has created a multifaceted system empowering indigenous communities and maximising their participation. This article focuses upon Samoa's marine protection regime to illustrate the many advantages of blending old and new to create an effective, modern and sustainable conservation regime. 2010-01-27T22:13:42.119Z ]]>