After decolonization: Australia and the emergence of the non-aligned movement in Asia, 1954-55

This article is a study of the response of the Australian government under Robert Menzies to the emergence of the Afro-Asian movement in the mid-1950s, especially the element of the non-aligned nations, which culminated in the Bandung meeting of April 1955. Non-alignment and anti-colonialism posed direct threats to the Menzies government's plans for the defence of Southeast Asia and its foreign policy for the region. The study of the Australian response to the Bandung meeting reveals the different legacies which European imperialism left behind in Australia compared with its neighbours in south and east Asia.     

Settlor control--what kind of a problem is it?

Trustee duties are defined when the trust is created, and thetrustee controls management and distribution with the powersgiven to the trustee by the trust instrument. If the settloror a third party has the power to consent to or direct trusteedecisions, is there a trust at all? Trust law is equivocal.It is a question of degree. Family law courts to the contrarywant to know what is really going on, and have refused to acknowledgesuch a trust. In New Zealand, Harrison v Harrison is the latestinstance of this.     

The importance of teaching dispute resolution in a twenty-first-century law school

Civil justice reviews over the past 20 years have encouraged the use of alternative dispute resolution (ADR) and particularly mediation. Mediation is arguably now becoming more mainstream in terms of dispute resolution process choice. In some instances law changes have been introduced requiring parties in dispute to consider using mediation; similarly, lawyers have an ethical responsibility to provide advice to their clients about the range of dispute resolution processes available. What is lacking however is a corresponding appreciation of the changing attitudes to the teaching of dispute resolution in the majority of UK law schools, where the promotion of adversarialism within the curriculum appears to remain the focus as the primary and only method of dispute resolution. The article argues that this is unreflective of current attitudes and thinking towards dispute resolution in most common law countries, where litigation is no longer necessarily the primary dispute resolution process of choice. Whilst there was token appreciation of the importance of mediation advocacy and its inclusion recommended within the Bar Practice Training Course (BPTC), the recent Legal Education and Training Review was silent on any suggestions about the inclusion of dispute resolution based curriculum content at any stage of legal education in England and Wales. The article will explore the historical development of lawyers’ attitudes to dispute resolution within the civil justice arena and academics’ teaching of curriculum associated with it in UK law schools. The article will pose questions on why recent legal history suggests that law schools should now perhaps take a more socio-legal approach to their curriculum content and embrace the teaching of dispute resolution as a defined subject area for the twenty-first-century law school.