Brendan Gogarty

Conceptions and (Mis)conceptions of Science in International Treaties; the ICJ Whaling Case in Context

Publisher: Brill

Date: 05-12-2015

DOI: 10.1163/2211-6427_022

Abstract: The recent judgment in the International Court of Justice case Whaling in the Antarctic (Australia v. Japan: New Zealand intervening) determined that Japanese ‘special permit’ whaling in the Southern Ocean was not ‘for the purposes of scientific research’. This is the only exemption permitted under the International Convention for the Regulation of Whaling’s current moratorium on commercial whaling. The Court made its determination by characterising the Japanese research program as a scientific program, but failing to define what scientific research actually was or was not. This paper presents the background to the decision, and challenges the reasoning of the Court and its standard of review test. It concludes that the Court failed to take the opportunity to offer a clear determination to states on their legal–scientific obligations within international law.

Scientific whaling and how philosophy of science can help break the international deadlock

Publisher: Informa UK Limited

Date: 02-07-2017

DOI: 10.1080/10357718.2017.1334758

Perspective: Increasing blue carbon around Antarctica is an ecosystem service of considerable societal and economic value worth protecting

Publisher: Wiley

Date: 31-10-2020

DOI: 10.1111/GCB.15392

Commercial tourism in Tasmania's wilderness threatens the attraction it exploits

Publisher: Springer Science and Business Media LLC

Date: 19-11-2018

DOI: 10.1038/S41559-018-0723-Z

The role of Tasmania?s subordinate legislation committee during the COVID-19 emergency

Publisher: SAGE Publications

Date: 26-06-2020

DOI: 10.1177/1037969X20933070

Abstract: On 17 March 2020, Tasmania entered a ‘state of emergency’ in response to COVID-19. Parliament stands adjourned, and the executive is regulating the crisis through delegated regulations that significantly limit civil rights and freedoms. Despite assurances that Tasmania’s Subordinate Legislation Committee would scrutinise executive power throughout the crisis, its role has been limited, due to an overly prescriptive (and we argue incorrect) reading of Tasmania’s scrutiny framework, which has not been properly reformed in several decades. This is a salient lesson as to why constitutional laws require regular review and modernisation, to ensure parliaments remain supreme even (and especially) during crises and emergencies.

Protecting Antarctic blue carbon: as marine ice retreats can the law fill the gap?

Publisher: Informa UK Limited

Date: 26-11-2019

DOI: 10.1080/14693062.2019.1694482

What exactly is an exact copy? And why it matters when trying to ban human reproductive cloning in Australia

Publisher: BMJ

Date: 04-2003

DOI: 10.1136/JME.29.2.84

Abstract: This paper examines the current Australian regulatory response to human reproductive cloning. The central consideration is the capacity of the current regulatory regime to effectively deter human cloning efforts. A legislative prohibition on human cloning must be both effective and clear enough to allow researchers to know what practices are acceptable. This paper asks whether the current Australian regime evinces these qualities and suggests that Australia should follow the ex le set in the UK by the enactment of the Human Reproductive Cloning Act 2001.

Glacier geoengineering needs lawyers too

Publisher: Springer Science and Business Media LLC

Date: 08-2018

DOI: 10.1038/D41586-018-05877-5

Protecting Antarctica?s coastal blue carbon: a case for international cooperation

Publisher: Edward Elgar Publishing

Date: 11-12-2020

DOI: 10.4337/9781788112239

What exactly is an exact copy? And why it matters when trying to ban human reproductive cloning in Australia

Publisher: BMJ

Date: 02-2003

DOI: 10.1136/JME.29.1.1

Associational Balance of Power and the Possibilities for International Law in Disputes over the South China Sea

Publisher: Brill

Date: 07-06-2017

DOI: 10.1163/24519391-00201006

Abstract: Recent territorial disputes in the South China Sea ( scs ) have been viewed as a proxy for wider geopolitical tension between the United States and China. Realist commentators therefore argue that power will be the key driver of outcomes and the likely role of international law is peripheral. Mainstream international law scholarship is ill-equipped to respond to such criticism as it largely marginalises the relationship between law and power. However, some leading historical figures in International Law and International Relations have long argued that an ‘associational balance of power’ between States is an essential pre-condition for the effective operation of international law. We argue that re-enlivening this focus on ‘associational balance of power’ offers new insights into the possibilities for international law in the scs . We therefore recommend an interdisciplinary research program across the fields of International Law and Strategic Studies aimed at facilitating rule-based resolution of disputes in the scs .

Religious-based exemptions from anti-discrimination law: Comparing jurisdictions that permit same-sex marriage

Publisher: SAGE Publications

Date: 16-08-2018

DOI: 10.1177/1037969X18783437

Abstract: In response to the recent passage of same-sex marriage law and the establishment of a Religious Freedom Inquiry (the Ruddock Panel), there has been considerable public debate on whether current exemptions for religious bodies under anti-discrimination law should be extended to in iduals with a religious or conscientious objection to same-sex marriage. The authors compared current proposals for widening exemptions in anti-discrimination legislation to the legal position in the 29 other jurisdictions which permit same-sex marriage. If proposals that are currently debated were enacted, Australia would be the only jurisdiction to wind back its protections for LGBTIQ+ in iduals against discrimination.

Monash University

Location: Australia

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Australian National University

Location: Australia

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PHG Foundation

Location: United Kingdom of Great Britain and Northern Ireland

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Tasmania Law Reform Institute

Location: Australia

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Tasmanian Civil And Administrative Tribunal (TASCAT)

Location: Australia

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University Of Tasmania

Location: Australia

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Environmental Defenders Office (Tas)

Location: Australia

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Regulating Plan B: Developing Legal Frameworks For Multiscale Governance Of Geoengineering

Start Date: 2017

End Date: 2017

Funder: University of Tasmania

Industrial Transformation Research Hubs - Grant ID: IH220100012

Start Date: 08-2023

End Date: 08-2029

Amount: $5,000,000.00

Funder: Australian Research Council