CHILD RELOCATION: AN INTRACTABLE INTERNATIONAL FAMILY LAW PROBLEM

This article examines the current state of the law on child relocation across the major common law‐based jurisdictions, with particular emphasis on the contrasting approaches to the problem in Australia and the United Kingdom. It then goes on to suggest changes aimed at achieving more principled and predictable outcomes.     

Media and the politics of belonging: Sudanese Australians,letters to the editor and the new integrationism

Nolan, Burgin, Farquharson and Marjoribanks focus on media as a significant site through which a politics of belonging is played out, focusing particularly on coverage of Sudanese Australians. To this end, they analyse letters to the editor that concern Sudanese Australians in three Victorian newspapers in 2007, a highly significant year in which this group became the focus of significant levels of (predominantly negative) media coverage. Through textual and thematic analysis, the authors demonstrate how such letters worked to reiterate and extend a politics of ‘integrationism’ that, without entirely departing from Australia's commitment to multiculturalism, has rearticulated the latter along neo-assimilationist lines. In doing so, they show how, in many letters, Sudanese Australians are problematized for their failure or refusal to ‘integrate’ in ways that involve an explicit or implicit process of racialization. In the process, the article also critically considers the important role performed by media in the politics of belonging, particularly through their reiteration and contestation of the politics of race and multiculturalism in Australia. Rather than simply a matter of reproducing a hegemonic politics, it shows how such processes, despite the marked limitations of their framing within a ‘race debate’, also serve to demonstrate significant fault lines in the politics of belonging.     

Introducing Computed Tomography Standards for Age Estimation of Modern Australian Subadults Using Postnatal Ossification Timings of Select Cranial and Cervical Sites,

Contemporary, population‐specific ossification timings of the cranium are lacking in current literature due to challenges in obtaining large repositories of documented subadult material, forcing Australian practitioners to rely on North American, arguably antiquated reference standards for age estimation. This study assessed the temporal pattern of ossification of the cranium and provides recalibrated probabilistic information for age estimation of modern Australian children. Fusion status of the occipital and frontal bones, atlas, and axis was scored using a modified two‐ to four‐tier system from cranial/cervical DICOM datasets of 585 children aged birth to 10 years. Transition analysis was applied to elucidate maximum‐likelihood estimates between consecutive fusion stages, in conjunction with Bayesian statistics to calculate credible intervals for age estimation. Results demonstrate significant sex differences in skeletal maturation (p < 0.05) and earlier timings in comparison with major literary sources, underscoring the requisite of updated standards for age estimation of modern individuals.     

Policing built environment crime risks: the role of police in CPTED in New South Wales,Australia*

Crime prevention through environmental design (CPTED) is now routinely adopted in many parts of the world. The role assumed by police in CPTED practices has however received limited academic attention. Through an analysis of available documentation and interviews with local government planners from 10 Sydney councils, this article provides a (partial) understanding of the historical and contemporary roles police have played in the development and implementation of CPTED guidelines in New South Wales (NSW), Australia. It is argued that the NSW Police Force was a pivotal driver of the introduction of planning guidelines to ensure crime risks are considered when new developments are being planned. However, the ongoing contribution of police appears to have waned, largely due to administrative, practical and operational realities. These findings have relevance for ongoing CPTED practice and the work of specialist policing roles more generally.     

A Country Once Great? Asylum Seekers,Historical Imagination,and the Moral Privilege of Whiteness

ABSTRACT

The current public debate on asylum seekers arriving to Australia by boat is profoundly emotional and divisive. Its emotional nature must not only be considered in the present context but also understood from a historical perspective. This article argues that often the asylum seeker debate has been structured as an emotional dispute about the morality of the Australian nation; and that one of the main functions of such a dispute is to reinstate the moral privilege of whiteness. This has weakened the ability of human rights activists to advocate for the ending of current policies, and has instead reinforced an insular, exclusionary and rhetorical understanding of Australian history. On both sides of the debate, historical amnesia and the rhetorical celebration of the past have at times worked hand in hand with allegedly pragmatic approaches to the “boat people” crisis. Yet it is only in addressing the repressed and haunting memories of the past that Australians might find critical and creative antidotes to the merciless dictates of pragmatic politics.     

Protecting digital identity in the cloud: Regulating cross border data disclosure

Widespread use of cloud computing and other off-shore hosting and processing arrangements make regulation of cross border data one of the most significant issues for regulators around the world. Cloud computing has made data storage and access cost effective but it has changed the nature of cross border data. Now data does not have to be stored or processed in another country or transferred across a national border in the traditional sense, to be what we consider to be cross border data. Nevertheless, the notion of physical borders and transfers still pervades thinking on this subject. The European Commission (“EC”) is proposing a new global standard for data transfer to ensure a level of protection for data transferred out of the EU similar to that within the EU. This paper examines the two major international schemes regulating cross-border data, the EU approach and the US approach, and the new EC and US proposals for a global standard. These approaches which are all based on data transfer are contrasted with the new Australian approach which regulates disclosure. The relative merits of the EU, US and Australian approaches are examined in the context of digital identity, rather than just data privacy which is the usual focus, because of the growing significance of digital identity, especially to an individual's ability to be recognized and to transact. The set of information required for transactions which invariably consists of full name, date of birth, gender and a piece of what is referred to as identifying information, has specific functions which transform it from mere information. As is explained in this article, as a set, it literally enables the system to transact. For this reason, it is the most important, and most vulnerable, part of digital identity. Yet while it is deserving of most protection, its significance has been largely under-appreciated. This article considers the issues posed by cross border data regulation in the context of cloud computing, with a focus on transaction identity and the other personal information which make up an individual's digital identity. The author argues that the growing commercial and legal importance of digital identity and its inherent vulnerabilities mandate the need for its more effective protection which is provided by regulation of disclosure, not just transfer.     

The Post-Tiananmen Human Rights Issue in China–Australia Relations

The Tiananmen events of June 1989 shattered the dream of a special relationship between China and Australia, making human rights one of the major issues to be addressed in their bilateral relations. Though differences emerged, they still needed manageable and constructive linkages because both of them were fully aware that confrontation could damage their common interests in economic prosperity and regional peace and stability. Consequently, the engagement in human rights was the mutual demand and pursuit between Beijing and Canberra. By means of engagement, Canberra expected that with the growth of China's economy and reform this moderate approach would bring about to China better conditions for more progress in human rights, though it might be at a slow speed. In the process of China's post-Tiananmen evolutionary human rights diplomacy changes, Australia was one of the countries to be won over by China in facilitating its policy implementation. Admittedly, China's bilateral dialogue approach and technical cooperation with Australia and some other Western countries contributed to the successive failure of the American attempt to take multilateral actions to pass an anti-China resolution in the UN Human Rights Commission (replaced by the UN Human Rights Council in March 2006). Meanwhile, China had to take such steps as responding to concerns on rights issues raised by its dialogue partners and accepting and implementing UN human rights instruments to maintain the engagement approach. Resultantly, the process of China's engagement with Australia and other Western states in human rights is also a process of its learning how to deal with Western pressure constructively and how to improve human rights at home.     

Maids and mothers: Domestic servants and illegitimacy in 19th-century Australia

Historically, domestic servants have been overrepresented amongst women whose ex-nuptial pregnancy became a public “problem.” Despite such apparent vulnerability, female rescue-workers also saw domestic work as the pathway to redemption for such women. Drawing on extensive Australian data on single mothers and their children in the 19th-century, this article investigates the complex relationship between domestic service and illegitimacy. While it will argue that the overrepresentation is more apparent than real, a product of the situation of the domestic servant whose workplace was her home and whose continued employment was often dependent on maintaining high moral standards, it will also contest the viability of domestic service as a “solution” for the mother compelled to work to support her child.     

State transformation and resource politics: Australia and the regional political economy

Abstract

Although the 1994 Agreed Framework offers a solution to the North Korean nuclear crisis, many problems may prevent its successful implementation. Should the Agreed Framework break down, the United States and South Korea have indicated that they will ask Japan to join them in a trilateral economic sanctions regime.

Japanese participation would include the severance of trade and financial flows, including money sent to North Korea from Japan's ethnic Korean community. In this paper I examine this financial flow, and, finding it a valuable linkage to the North Korean economy, conclude that Japanese participation is vital for a successful sanctions regime against North Korea.

Given this, I examine whether or not Tokyo's cooperation will be forthcoming. Japan would be inclined to participate given that it has a strong interest in eliminating a regional nuclear threat. Furthermore, Japan would also feel pressure from its allies to display diplomatic leadership in the Asia‐Pacific region, as befits a country of its economic importance.

Despite these international reasons for Japanese participation, domestic factors will be likely to prevent Tokyo from joining a sanctions regime: constitutional questions, the possibility of terrorist reprisals, interest in Pyongyang's regime maintenance, concerns for the rights of Japan's ethnic Korean community, and political ties between North Korean and Japanese politicians. I find that these domestic factors will outweigh international pressures for Japanese participation, and thus conclude that in the event of a breakdown in the Agreed Framework, alternatives to a trilateral sanctions strategy against North Korea must be considered.     

An analysis of traditional rules applied by Australian courts to establish personal jurisdiction and their application in e-commerce

This article analyses the jurisdictional principles employed by Australian courts in establishing personal jurisdiction in traditional settings and its extension to e-commerce cases. The Australian courts apply the court rules to exercise personal jurisdiction over defendants. The article discusses these rules relating to serving process within and outside Australia and jurisdiction based on the submission of the parties. The adequacies of principles like forum-non-conveniens, forum selection clauses which are vital in the personal jurisdiction inquiry are analysed. The unique High Court decision in Dow Jones v. Gutnick is discussed and the approach followed by the court critically analysed to highlight the excessive exercise of personal jurisdiction. Other cases concerning the internet are also discussed to highlight the approaches followed to establish personal jurisdiction in internet and e-commerce cases. It is argued that the drawbacks highlight the need for legislation to regulate personal jurisdiction in e-commerce cases.