4 10 81 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Bennett, Belinda Lewis, Bridget Dickson, Elizabeth Then, Shih-Ning Purser, Kelly Date A point or period of time associated with an event in the lifecycle of the resource 2022-08-29 Description An account of the resource This article focuses on the interests of older Australians during the COVID-19 pandemic. It analyses the implications of the pandemic for older Australians from a human rights perspective, recognising the need to understand ageing as a process that occurs throughout life. Although we focus on the interests of older Australians, defining what is meant by ‘older’ can be challenging. Furthermore, there are complex social discourses around ageing. While there is no Convention on the Rights of Older Persons, international human rights law is relevant to the rights of older persons. We analyse international human rights law, Australian human rights law, and Australian antidiscrimination law in terms of their relevance to the rights of older persons in the context of the COVID-19 pandemic. With social distancing a key feature of the pandemic, we also consider the impact of social isolation on older persons and the potential for technology to assist in overcoming social isolation. Finally, we analyse current Australian laws relating to participation of individuals in research where capacity has been lost or is diminishing.   Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/5943 10.38127/uqlj.v41i2.5943 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/5943/5701 Rights Information about rights held in and over the resource Copyright (c) 2022 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 41 No. 2 (2022): The University of Queensland Law Journal 1839-289X 0083-4041 Title A name given to the resource Australian Law During COVID-19: Meeting the Needs of Older Australians? Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Aitken, Lee Date A point or period of time associated with an event in the lifecycle of the resource 2021-08-23 Description An account of the resource To realise that there is no Court in Australia with unlimited jurisdiction is at one stroke to recognise the continuing importance of Justice Leeming’s standard work, and the relevance of this second edition. The ‘autochthonous expedient’, as Sir Owen Dixon named it, has much to answer for: it leads inexorably to a bifurcated system of state and federal courts, which has many toils and snares for the unwary. To compound the problem, the state courts enjoy a large amount of ‘invested’ federal jurisdiction, which means that on many occasions they exercise it without appreciating the fact that they have done so. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/5777 10.38127/uqlj.v40i2.5777 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/5777/4731 Rights Information about rights held in and over the resource Copyright (c) 2021 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 40 No. 2 (2021): The University of Queensland Law Journal; 306-309 1839-289X 0083-4041 Title A name given to the resource Authority to Decide: The Law of Jurisdiction in Australia Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Book review Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource McWhirter, Rebekah Date A point or period of time associated with an event in the lifecycle of the resource 2021-07-29 Description An account of the resource The European Convention on Human Rights has given rise to the most extensive and influential case law of any human rights jurisdiction, and the inclusion of an express infectious diseases exception to the right to liberty suggests that its jurisprudence is likely to provide the best available guidance to states on the circumstances in which such measures may be justifiable and lawful. However, this article argues that the principles developed to date are limited in their applicability to the current crisis, and are insufficient for determining the appropriate balance between public health and the right to liberty when seeking to control the spread of a large-scale, highly infectious disease. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/5721 10.38127/uqlj.v40i2.5721 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/5721/4739 Rights Information about rights held in and over the resource Copyright (c) 2021 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 40 No. 2 (2021): The University of Queensland Law Journal; 159-179 1839-289X 0083-4041 Title A name given to the resource The Right to Liberty in a Pandemic Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Saeger M Costa, Renato Date A point or period of time associated with an event in the lifecycle of the resource 2021-06-29 Description An account of the resource This thought-provoking book by Brian Christopher Jones entitled Constitutional Idolatry and Democracy begins by retelling the moment when, during the highly disputed election period of 2016 in the United States of America, an elector waived his pocket-sized US Constitution before Donald Trump. The gesture was a symbol. A silent but taunting manifestation against the president-to-be, and his supposed lack of understanding of the nation’s ‘most sacred values and principles’ (p. 1). The whole scene and the events that followed (including the spike in sales of pocket-version constitutions) were an expression of a deeper sentiment common to, but not exclusive of, the United States of America: constitutional idolatry. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/5689 10.38127/uqlj.v40i2.5689 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/5689/4733 Rights Information about rights held in and over the resource Copyright (c) 2021 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 40 No. 2 (2021): The University of Queensland Law Journal; 301-305 1839-289X 0083-4041 Title A name given to the resource Constitutional Idolatry and Democracy: Challenging the Infatuation with Writtenness Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Book review Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Techera, Erika Date A point or period of time associated with an event in the lifecycle of the resource 2020-12-10 Description An account of the resource Mangroves are valuable and highly productive ecosystems providing multiple services, including coastal protection, fishery breeding, birthing and nursery grounds, carbon sequestration and water filtration. Although they are rarely the subject of tailored legal protection, there are some jurisdictions where the ecosystem services provided by mangroves are recognised in law and policy frameworks. This article focuses on Indo-Pacific island states to highlight the ways in which mangroves have been treated in law in these nations, and to make suggestions for how Indo-Pacific island states could enhance their conservation and management. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/5667 10.38127/uqlj.v39i3.5667 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/5667/4663 Rights Information about rights held in and over the resource Copyright (c) 2021 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 39 No. 3 (2020): Special Issue on Ecosystem Services and the Law; 475-501 1839-289X 0083-4041 10.38127/uqlj.v39i3 Title A name given to the resource Mangrove Ecosystems and Services: Legal Recognition and Protection in Indo-Pacific Island States Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Crowley-Cyr, Lynda Date A point or period of time associated with an event in the lifecycle of the resource 2020-12-10 Description An account of the resource This article considers the hazards posed by marine stingers (notably Irukandjis) to recreational divers and snorkelers through the lens of Queensland’s unique workplace health and safety regulatory regime. The sustainability of diving and snorkelling tourism is highly dependent on the quality and safety of the services provided. The regime already contemplates the role of operators, the impact of sting-protective swimwear and other matters. An independent review of the State’s workplace laws in 2017 influenced changes to the law to improve its clarity, enforcement and prosecutions. However, this article argues that in relation to the management of marine stinger risks, with further slight adjustments to enhance clarity and consistency, the regulatory framework could achieve greater effectiveness in terms of compliance. This is important in a harmonised regulatory system. Other jurisdictions in Australia facing dangerous jellyfish hazards can refer to Queensland’s laws as a model of industry standards for the provision of safer recreational water activities. The article concludes with practical recommendations. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/5665 10.38127/uqlj.v39i3.5665 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/5665/4659 Rights Information about rights held in and over the resource Copyright (c) 2021 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 39 No. 3 (2020): Special Issue on Ecosystem Services and the Law; 550-567 1839-289X 0083-4041 10.38127/uqlj.v39i3 Title A name given to the resource Workplace Safety, Deadly Jellyfish and Tourists: A Novel Approach to an Emergent Problem Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Bell-James, Justine Date A point or period of time associated with an event in the lifecycle of the resource 2020-12-10 Description An account of the resource The ecosystem services concept is a useful tool in environmental law, as it allows nature to be considered on the same plane of comparison as proposed development. However, the concept has received significant criticism, with many critics arguing that nature should be valued for its intrinsic worth. This article synthesises the ethical objections to the ecosystem services concept, distinguishing objections to the concept itself, and objections to the commodification of nature. It considers how the concept has been used in Australian environmental law to date, drawing on examples from the coastal wetland context. It concludes that most applications have not involved commodification, and have incorporated notions of intrinsic value. It concludes with some observations for future progress in this field, considering how the ecosystem services concept can be balanced with concerns for respecting the intrinsic value of nature. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/5663 10.38127/uqlj.v39i3.5663 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/5663/4657 Rights Information about rights held in and over the resource Copyright (c) 2021 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 39 No. 3 (2020): Special Issue on Ecosystem Services and the Law; 525-548 1839-289X 0083-4041 10.38127/uqlj.v39i3 Title A name given to the resource Ecosystem Services as a Metaphor in Environmental Law: Balancing Intrinsic and Instrumental Values Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Ruhl, JB Salzman, James Date A point or period of time associated with an event in the lifecycle of the resource 2020-12-10 Description An account of the resource This article assesses the approaches that different national governments have employed to provide and conserve ecosystem services, focusing on policy instruments and common-law court decisions. Applying the lessons learned from this review, we address strategies for conservation of mangrove ecosystem services in Australia, focusing on the importance of creating a strong political mandate and demonstrating a clear connection between mangrove conservation and the benefits provided by mangrove services. This requires further research on which beneficiaries would be harmed, and by how much, if the mangrove service flows are reduced. Policy uptake can be slow. It has taken years in other jurisdictions for policies protecting ecosystem services to be adopted, and this will likely be the path in Australia as well. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/5661 10.38127/uqlj.v39i3.5661 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/5661/4653 Rights Information about rights held in and over the resource Copyright (c) 2021 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 39 No. 3 (2020): Special Issue on Ecosystem Services and the Law; 503-523 1839-289X 0083-4041 10.38127/uqlj.v39i3 Title A name given to the resource A Global Assessment of the Law and Policy of Ecosystem Services Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Boulot, Emille Akhtar-Khavari, Afshin Date A point or period of time associated with an event in the lifecycle of the resource 2020-12-10 Description An account of the resource Restoration efforts can target very different outcomes. Simply put, restoration is a process, and diverse values and ontological dispositions can shape the why, what and how questions about what people do. Restorative inputs focused on adaptively adding complexity into an ecosystem commits to values that go beyond rehabilitating and just removing threats and harms that are disturbing an ecosystem. Restoring within a landscape to enhance its ecological complexity is a useful goal for adaptive governance, and one which will also enable discussions about how humans and legal and governance institutions can change and respond to managing the environment. Using two scenarios we briefly explore how governance approaches to restoration need ontological dispositions focused on ecological complexity. In particular, we argue in this article that a focus on inputs into ecological complexity creates not only opportunities for overall net gain, but also, and more critically, that it requires legal and governance changes that establish parameters for how the vision will be realised. We explore and briefly discuss four of these institutional challenges to chart further research trajectories for how restorative inputs into ecological complexity can be achieved. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/5657 10.38127/uqlj.v39i3.5657 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/5657/4649 Rights Information about rights held in and over the resource Copyright (c) 2021 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 39 No. 3 (2020): Special Issue on Ecosystem Services and the Law; 450-473 1839-289X 0083-4041 10.38127/uqlj.v39i3 Title A name given to the resource Law, Restoration and Ontologies for a More Ecologically Complex World! Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource C McCormack, Phillipa Date A point or period of time associated with an event in the lifecycle of the resource 2020-12-10 Description An account of the resource Australia’s 2019–20 fire season has been described as the ‘Black Summer’. Vast swathes of the continent burned, including areas that have not been fire-prone in the past, such as wet rainforest and alpine wetlands. This article considers the implications of more frequent and intense wildfires for wetland ecosystems and the extremely valuable ecosystem services that they provide. The article investigates what Australia’s laws have to say about restoring ecosystem services after extreme events such as fire. In particular, the article considers the extent to which existing laws anticipate the possibility of ecosystem transformation, asking: what do our laws require if restoration is not possible? Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/5655 10.38127/uqlj.v39i3.5655 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/5655/4651 Rights Information about rights held in and over the resource Copyright (c) 2021 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 39 No. 3 (2020): Special Issue on Ecosystem Services and the Law; 417-447 1839-289X 0083-4041 10.38127/uqlj.v39i3 Title A name given to the resource Climate Change, Wildfires and Wetland Ecosystem Services: Governing Transformation Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article