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Climate change, law, and criminology

Climate change, law, and criminology

by John Southalan | Dec 1, 2019 | Environment, Human Rights, John Southalan

Book review (2013) of ‘Criminological and legal consequences of climate change’. The collection is well edited by Profs Stephen Farrall and Duncan French, and Dr Tawhida Ahmed. They explain that the seminar and this book (1) examine climate change’s...
Regulation of the resources sector

Regulation of the resources sector

by John Southalan | Nov 7, 2019 | Environment, Governance & Regulation, Human Rights, Joe Fardin, John Southalan, Land Access, Mining & Energy, Native Title, Aboriginal Land & Communities

Members of Resources Law Network provided a submission to the Productivity Commission inquiry into Resources Sector Regulation. The submission identified issues regarding best-practice arrangements and urged a broadening scope of study. The full Resources Law Network...
Free, prior and informed consent: how and from whom? An Australian analogue

Free, prior and informed consent: how and from whom? An Australian analogue

by John Southalan | Oct 17, 2019 | Human Rights, Joe Fardin, John Southalan, Land Access, Native Title, Aboriginal Land & Communities

International law imparts increasing significance to the concept of ‘free prior informed consent’ (FPIC) of Indigenous communities. International standards and jurisprudence emphasise that impacts on an Indigenous community should not occur without that community’s...
The FPIC Fixation: Indigenous – Mining Law, Internationally and Australia

The FPIC Fixation: Indigenous – Mining Law, Internationally and Australia

by John Southalan | Apr 13, 2019 | Governance & Regulation, Human Rights, John Southalan, Native Title, Aboriginal Land & Communities

This paper outlines the current state of free prior informed consent (FPIC) at the international level, examines some common difficulties, and then describes Australian domestic law regarding these issues. FPIC is frequently cited as a legal standard for the...
Business and Human Rights: relevance for WA lawyers

Business and Human Rights: relevance for WA lawyers

by John Southalan | Feb 24, 2019 | Human Rights, John Southalan

There are growing implications, for the operation of businesses, from international human rights. Many international standards are enacted as Australian law – eg. prohibiting discrimination on gender, race, age and other grounds; outlawing corruption and bribery;...
What are the implications of human rights for minerals taxation?

What are the implications of human rights for minerals taxation?

by John Southalan | Dec 26, 2018 | Human Rights, John Southalan

Article examining the relationship between a state’s taxation of mineral revenues and human rights obligations This article examines the relationship between a state’s taxation of mineral revenues and the human rights obligation to use ‘maximum available...
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