Law & Justice

Publication Search Results

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  • (2022) Xie, Dan
    The thesis examines the interpretation and application of the due process defence under the New York Convention. It argues that the due process defence under the New York Convention should be interpreted consistently with the interpretative framework set out in the Vienna Convention on the Law of Treaties (VCLT) and, more specifically, by recourse to the general principle of audiatur et altera pars and subsequent practice of State Parties to the New York Convention. This interpretative approach ensures that due process under the New York Convention is a genuinely transnational standard distinct from any particular national legal system. In order to support this argument, chapter 2 establishes a particular understanding of the transnational approach grounded in the international interpretative rules contained in the VCLT. Chapter 3 shows that audiatur et altera pars is a well-accepted general principle of law and argues that its dimensions can concretise the normative content of the due process defence under the New York Convention. Chapters 4–7 explore relevant forms of ‘subsequent practice’ for the interpretation of the due process defence under the interpretative framework established by international law. The thesis makes three specific contributions to the theorisation and development of the transnational approach. First, arbitration scholars have talked about the importance of an autonomous approach to ensure predictability, but not fully articulated the scope and analytical possibilities of this approach. This thesis takes on this task via the VCLT, while also providing a structured way for domestic courts to consider and assess legal materials from beyond their own jurisdiction. It specifies a transnational informed approach to thinking about the general principle of audiatur et altera pars and subsequent state practice in interpreting and applying Article V(1)(b) of the New York Convention. Second, it shows how much of the arbitration scholarship on transnationalism can be recast within a public international law framework, thereby contributing to debates within international law about the decentralised interpretation of treaties by domestic courts. Third, the thesis’s preferred understanding of the transnational approach — one grounded in the public international law framework for treaty interpretation — resolves a range of practical questions about the precise content of the due process standard.

  • (2022) Skliros, Christodoulos
    There are few detailed studies on the pathways through the human brainstem and even fewer on those through the pons. This thesis aims to address this lack of fine detail, and used ultra-high-field magnetic resonance imaging (MRI) of human and macaque brains to identify and characterise fibre tracts connecting cortical and spinal areas as they traverse through brainstem and thalamic structures. The material in this thesis is based on a unique dataset of ultra-high-field (7 Tesla – Duke and 11, 7 Tesla – Johns Hopkins) MRI scans on postmortem specimens, on which deterministic tractography has been applied based on high-angular-resolution diffusion imaging (HARDI) and subsequently higher order tensor glyph models. The first results section of the thesis (Chapter 3) maps the descending fibre bundles associated with movement. From the motor cortical areas, the fibres of the internal capsule are traced through the crus cerebri, basilar pons and pyramids in three dimensions to reveal their organisation into functional and topographic subdivisions. While human cortico-pontine, -bulbar and -spinal tracts were traditionally considered to be dispersed, or a “melange”, I show here a much more discrete and defined organisation of these descending fibre bundles. Nine descending fibre bundles are identified and their anatomical location and terminations are described. A hitherto unknown pathway at the midline of the pons has been discovered and named herein as the Stria Pontis which connects the neocortex to the pontine tegmentum. Ten transverse fibre bundles connecting the pontine nuclei to the cerebellum are also identified. The second results section (Chapter 4) analyses the sensory pathways; the dorsal column - medial lemniscus pathway, the spinothalamic tract, the spinal trigeminal tract and the trigeminothalamic tracts. The third results section (Chapter 5) analyses the dentato-rubro-thalamic tract. The mapping identifies the superior cerebellar peduncle, the patterning of the fibres within the superior cerebellar decussation, the patterning of the fibres within the red nucleus and finally the projection of the dentato-rubro-thalamic tract from the red nucleus to the ventral lateral nucleus of the thalamus. Finally, I characterised 117 already known anatomical parts, areas and structures of the brainstem and thalamus in 3D.

  • (2022) O'Connor, Jayne
    Indigenous women in Australia have remained one of the most at-risk demographics for sexual violence victimisation since colonisation began. Indigenous women have historically been marginalized and excluded from accessing justice for sexual violence through the legal system. Changes to the justice system, including incorporating some Indigenous-focussed practices in sentencing, have resulted in inadequate access to justice for Indigenous women sexual assault victims. Some women who have not been able to find justice or validation in the legal system have sought other avenues for redress, including social media activism. The MeToo movement is one of the largest social media activist movements to date to address the issue of sexual violence. The MeToo movement has been seen as a means by which victims can take control of the narrative around sexual violence and seek recognition and justice outside the courtroom. Millions of women globally have participated in MeToo, but the movement has also been subject to critiques about its lack of inclusivity and its inability to respond to intersecting forms of oppression and trauma. Through MeToo, women have revealed the legal system has fundamentally failed victims of sexual violence, especially Indigenous women. The thesis asks: What does the MeToo movement in Australia reveal about the differences and similarities in narrative and process between the criminal justice system (CJS) and social media regarding sexual violence allegations and the potential for social media to act as an alternative to the CJS? This thesis responds to this question with a focus on a disenfranchised sector of Australian society, namely Indigenous women. By synthesising theories from the frameworks of decolonisation and critical race feminism, the thesis applies critically analyses the phenomena of spectacle and performativity. The thesis reveals several ways by which social media activism replicates the patterns of exclusion and discrimination present in the legal system, leaving Indigenous women substantially excluded from two major avenues for redress of inaccessibility to justice and related grievances. The thesis identifies the replication of patterns of exclusion and discrimination across three contexts: society, the legal system, and social media activism. The thesis concludes alternative justice seeking methods will struggle to succeed while the foundations of colonisation and patriarchy persist. It also reveals three overarching themes, and four conceptual tensions present at the intersection of sexual violence against Indigenous women and social media activism. The themes are: (1) voice, narrative, and visibility; (2) agency and self-determination, and (3) transnational/transcultural phenomena. The tensions are: (1) law and justice; (2) the criminal justice system and MeToo; (3) platforms and targets; and (4) commodification and resistance.