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University of New South Wales Faculty of Law Legal Studies Research Paper Series

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Viewing: 1 - 50 of 939 papers

1.

A Historical Overview of the Basic Concepts of the Cape Town Convention (Part I): ‘International Interest’ and ‘Internationality’

(2017) 6 Cape Town Convention Journal 136, UNSW Law Research Paper No. 19-9
Number of pages: 15 Posted: 19 Feb 2019
Accepted Paper Series
University of New South Wales (UNSW) - Faculty of Law
Downloads 2
2.

Internet Architecture and Human Rights: Beyond the Human Rights Gap

(eds) (2019) 11(1) Special Issue: ‘Internet Architecture and Human Rights’ Policy & Internet , UNSW Law Research Paper No. 19-10,
Number of pages: 12 Posted: 19 Feb 2019
Working Paper Series
University of New South Wales and University of Amsterdam
Downloads 2
3.

From Human Rights Aspirations to Enforceable Obligations by Non-State Actors in the Digital Age: The Example of Internet Governance and ICANN

Forthcoming, (2019) XXI Yale Journal of Law & Technology, UNSW Law Research Paper No. 19-8
Number of pages: 39 Posted: 13 Feb 2019
Working Paper Series
University of New South Wales
Downloads 11
4.

Digital Rights Of LGBTI Communities: A Roadmap For A Dual Human Rights Framework

In B Wagner, et al (eds), Research Handbook on Human Rights and Digital Technologies (Edward Elgar, 2019), UNSW Law Research Paper No. 19-7
Number of pages: 24 Posted: 12 Feb 2019
Working Paper Series
University of New South Wales
Downloads 1
5.

Developing a European Standard For International Data Transfers After Snowden: Opinion 1/15 on the EU-Canada PNR Agreement

(2018) 81(6) Modern Law Review 1046, (2019) UNSWLRS 6
Number of pages: 16 Posted: 07 Feb 2019
Working Paper Series
University of New South Wales

Multiple version iconThere are 2 versions of this paper

Downloads 8
6.

2017-2018 Further Update to Graham Greenleaf’s Asian Data Privacy Laws – Trade and Human Rights Perspectives

UNSW Law Research Paper No. 19-4
Number of pages: 23 Posted: 31 Jan 2019
Working Paper Series
University of New South Wales, Faculty of Law

Multiple version iconThere are 2 versions of this paper

Downloads 14
7.

The Right to be Forgotten—The EU and Asia Pacific Experience (Australia, Indonesia, Japan and Singapore)

(2019) 1 European Human Rights Law Review 23, UNSW Law Research Paper No. 19-2
Number of pages: 16 Posted: 23 Jan 2019
Working Paper Series
University of Western Australia - Faculty of Law, University of New South Wales (UNSW) - Faculty of Law, Victoria University and Padjadjaran University - Faculty of Law
Downloads 74
8.

Aligning State Sovereignty with Transnational Public Policy

(2018) 93(2) Tulane Law Review 207, UNSW Law Research Paper No. 18-89
Number of pages: 62 Posted: 14 Dec 2018 Last Revised: 24 Jan 2019
Working Paper Series
University of New South Wales (UNSW) - Faculty of Law
Downloads 17
9.

China’s Approach to the Belt and Road Initiative

Journal of International Economic Law, Volume 22, 2019 (Forthcoming), UNSW Law Research Paper No. 18-82
Number of pages: 33 Posted: 09 Dec 2018
Accepted Paper Series
University of New South Wales (UNSW) - Faculty of Law
Downloads 172
10.

Wage Theft in Silence: Why Migrant Workers Do Not Recover Their Unpaid Wages in Australia

UNSW Law Research Paper No. 19-1
Number of pages: 61 Posted: 30 Nov 2018 Last Revised: 16 Jan 2019
Working Paper Series
University of New South Wales (UNSW) and University of Technology Sydney, Faculty of Law
Downloads 21
11.

Japan: EU Adequacy Discounted

(2018) 155 Privacy Laws & Business International Report 8-10, UNSW Law Research Paper No. 19-5
Number of pages: 5 Posted: 26 Nov 2018 Last Revised: 01 Feb 2019
Accepted Paper Series
University of New South Wales, Faculty of Law
Downloads 50
12.

Misuse of Market Power in Australia and Abuse of Dominance in Canada: Two Legislated Effects Tests for Unilateral Conduct

(2018) 26 Australian Journal of Competition and Consumer Law 174, UNSW Law Research Paper No. 18-85
Number of pages: 20 Posted: 26 Nov 2018 Last Revised: 28 Nov 2018
Working Paper Series
University of New South Wales (UNSW) - Faculty of Law
Downloads 36
13.

Proportionality & Comparative Constitutional Law Versus Studies

(2018)12(2) Law & Ethics of Human Rights 203, UNSW Law Research Paper No. 18-86
Number of pages: 15 Posted: 23 Nov 2018
Working Paper Series
University of New South Wales (UNSW) - Faculty of Law
Downloads 71
14.

‘Modernised’ Data Protection Convention 108 and the GDPR

(2018) 154 Privacy Laws & Business International Report 22-3, UNSW Law Research Paper No. 19-3
Number of pages: 3 Posted: 13 Nov 2018 Last Revised: 08 Feb 2019
Accepted Paper Series
University of New South Wales, Faculty of Law
Downloads 61
15.

Compensation under Investment Treaties – As if Host Interests Mattered

UNSW Law Research Paper No. 18-80
Number of pages: 22 Posted: 09 Nov 2018 Last Revised: 12 Nov 2018
Working Paper Series
ANU - School of Regulation and Global Governance and University of New South Wales
Downloads 116
16.

Apologies as ‘Canaries’ — Tortious Liability in Negligence and Insurance in the Twenty-First Century

In Kit Barker, Karen Fairweather and Ross Grantham (eds), Private Law in the 21st Century (Hart Publishing, 2017), UNSW Law Research Paper No. 18-78
Number of pages: 21 Posted: 08 Nov 2018
Working Paper Series
University of New South Wales (UNSW)
Downloads 33
17.

Apologies As Corrective Justice in Tort Law: Reparation and Compensation as (Partial) Redemption in a Torts System

UNSW Law Research Paper No. 18-79
Number of pages: 17 Posted: 08 Nov 2018
Working Paper Series
University of New South Wales (UNSW)
Downloads 32
18.

Personal Data Law and Competition Law – Where is it Heading?

Forthcoming (2018) 39 European Competition Law Review, UNSW Law Research Paper No. 18-73
Number of pages: 20 Posted: 31 Oct 2018 Last Revised: 05 Nov 2018
Working Paper Series
Victoria University, University of Western Australia - Faculty of Law and University of New South Wales (UNSW) - Faculty of Law
Downloads 36
19.

Fintech for Financial Inclusion: A Framework for Digital Financial Transformation

UNSW Law Research Paper No. 18-87, University of Hong Kong Faculty of Law Research Paper No. 2019/001
Number of pages: 28 Posted: 29 Oct 2018 Last Revised: 13 Feb 2019
Working Paper Series
The University of Hong Kong - Faculty of Law, University of New South Wales (UNSW) - Faculty of Law and Universite du Luxembourg - Faculty of Law, Economics and Finance
Downloads 525
20.

Building Towards the RCEP? Reflections on the ASEAN-China FTA

ASEAN Law in the New Regional Economic Order: Global Trends and Shifting Paradigms (Pasha L. Hsieh & Bryan Mercurio eds.), Cambridge University Press, (2019, Forthcoming)., UNSW Law Research Paper No. 18-74
Number of pages: 15 Posted: 25 Oct 2018 Last Revised: 05 Nov 2018
Accepted Paper Series
University of New South Wales (UNSW) - Faculty of Law
Downloads 53
21.

Speaking Notes: Launch of the Foundations of the Common Law Library (1215-1914), IALS, University of London, 3 October 2018

UNSW Law Research Paper No. 18-84
Number of pages: 11 Posted: 25 Oct 2018 Last Revised: 21 Nov 2018
Working Paper Series
University of New South Wales, Faculty of Law, University of New South Wales (UNSW) - Faculty of Law and University of Technology Sydney, Faculty of Law
Downloads 18
22.

Illusion of Inclusion: Challenging Universalist Conceptions in International Children’s Rights Law

Forthcoming (2018) Australian Journal of Human Rights, UNSW Law Research Paper No. 18-72
Number of pages: 28 Posted: 16 Oct 2018
Working Paper Series
University of New South Wales
Downloads 11
23.

Governing Infrastructure in the Age of the 'Art of the Deal': Logics of Governance and Scales of Visibility

(2018) PoLAR - Political and Legal Anthropology Review 41(S1): 118-132., UNSW Law Research Paper No. 18-81
Number of pages: 19 Posted: 11 Oct 2018 Last Revised: 12 Nov 2018
Accepted Paper Series
University of Toronto - Centre of Criminology, University of New South Wales, Faculty of Law and University of Alberta Faculty of Law
Downloads 13
24.

Domestic Courts Declining to Recognize and Enforce Foreign Arbitral Awards: A Comparative Reflection

Fothcoming (2018) Chinese Journal of international law, UNSW Law Research Paper No. 18-71
Number of pages: 70 Posted: 05 Oct 2018
Working Paper Series
University of New South Wales (UNSW) - Faculty of Law
Downloads 31
25.

Australia: The Reform of Commercial Arbitration in Australia: Recent and Prospective Developments

In Anselmo Reyes, Weixia Gu (eds), The Developing World of Arbitration A Comparative Study of Arbitration Reform in the Asia Pacific (Hart Publishing, 2018), UNSW Law Research Paper No. 18-70
Number of pages: 28 Posted: 03 Oct 2018
Working Paper Series
University of New South Wales (UNSW) - Faculty of Law
Downloads 13
26.

The Evolution of Currency: Cash to Cryptos to Sovereign Digital Currencies

Forthcoming (2018) 42 Fordham International Law Journal, UNSW Law Research Paper No. 18-69
Number of pages: 55 Posted: 27 Sep 2018 Last Revised: 05 Oct 2018
Working Paper Series
University of New South Wales (UNSW) - Faculty of Law and University of New South Wales (UNSW) - Faculty of Law
Downloads 140
27.

The Future of Deep Free Trade Agreements: The Convergence of TPP (and CPTPP) and CETA?

Journal of World Trade, Vol. 53, No. 2, Forthcoming , UNSW Law Research Paper No. 18-75
Number of pages: 32 Posted: 21 Sep 2018 Last Revised: 05 Nov 2018
Accepted Paper Series
University of New South Wales (UNSW) - Faculty of Law
Downloads 128
28.

GDPR-Lite and Requiring Strengthening – Submission on the Draft Personal Data Protection Bill to the Ministry of Electronics and Information Technology (India)

UNSW Law Research Paper No. 18-83
Number of pages: 14 Posted: 20 Sep 2018 Last Revised: 21 Nov 2018
Working Paper Series
University of New South Wales, Faculty of Law
Downloads 92
29.

Accommodating Children’s Activities in the Shared Spaces of High Density and Master Planned Developments

In K Bishop and L Corkery (eds), Beyond Playgrounds and Skate Parks: Designing Cities with Children and Young People (Routledge, 2017), UNSW Law Research Paper No. 18-68
Number of pages: 21 Posted: 20 Sep 2018
Working Paper Series
University of New South Wales (UNSW) - Faculty of Law
Downloads 2
30.

Can Large-Scale Private Regulation of Land Be Legitimate? The Problem of Strata and Community Title Levies and By-Laws

In E Altman and M Gabriel (eds), Multi-owned Property in the Asia-Pacific Region: Rights, Restrictions and Responsibilities (Palgrave Macmillan, 2018), UNSW Law Research Paper No. 18-67
Number of pages: 11 Posted: 20 Sep 2018
Working Paper Series
University of New South Wales (UNSW) - Faculty of Law
Downloads 9
31.

Under-Supply of Schooling in the Gentrified and Regenerated Inner City

(2016) 56 Cities 16, UNSW Law Research Paper No. 18-66
Number of pages: 27 Posted: 19 Sep 2018 Last Revised: 27 Sep 2018
Working Paper Series
University of New South Wales (UNSW) - Faculty of Law and University of New South Wales (UNSW)
Downloads 2
32.

Teaching Land Law — An Essay

(2016) 25 Australian Property Law Journal 129, UNSW Law Research Paper No. 18-65
Number of pages: 22 Posted: 19 Sep 2018 Last Revised: 30 Sep 2018
Working Paper Series
University of New South Wales (UNSW) - Faculty of Law
Downloads 34
33.

Constitutional Design Deferred

UNSW Law Research Paper No. 18-63
Number of pages: 20 Posted: 18 Sep 2018
Working Paper Series
University of New South Wales (UNSW) - Faculty of Law
Downloads 53
34.

Hardening Soft Law: Are the Emerging Corporate Social Disclosure Laws Capable of Generating Substantive Compliance with Human Rights

Forthcoming (2018) Brazilian Journal of International Law, UNSW Law Research Paper No. 18-62
Number of pages: 29 Posted: 18 Sep 2018
Working Paper Series
University of New South Wales (UNSW) - Faculty of Law
Downloads 46
35.

Marking Constitutional Transitions: The Law and Politics of Constitutional Implementation in South Africa

UNSW Law Research Paper No. 18-64
Number of pages: 19 Posted: 18 Sep 2018
Working Paper Series
University of New South Wales (UNSW) - Faculty of Law and University of New South Wales (UNSW)
Downloads 50
36.

Three Major Financial Crises: What Have We Learned

Forthcoming in S. Schwarcz, E. Avgouleas, D. Busch & D. Arner (eds), Systemic Risk in the Financial Sector: Ten Years After the Great Crash (Centre for International Governance Innovation 2019 forthcoming). , AIIFL Working Paper No. 31, UNSW Law Research Paper No. 18-61
Number of pages: 37 Posted: 11 Sep 2018 Last Revised: 30 Sep 2018
Working Paper Series
University of New South Wales (UNSW) - Faculty of Law, University of Edinburgh - School of Law and The University of Hong Kong - Faculty of Law
Downloads 484
37.

Constitutional Rights as Bribes

(2018) 50(3) Connecticut Law Review, UNSW Law Research Paper No. 18-60
Number of pages: 53 Posted: 10 Sep 2018 Last Revised: 25 Oct 2018
Working Paper Series
University of New South Wales (UNSW) - Faculty of Law
Downloads 49
38.

Protecting Financial Consumer Data in Developing Countries: An Alternative to the Flawed Consent Model

(2017) Vol 18 (3) Georgetown Journal of International Affairs, 35-46 , UNSW Law Research Paper No. 18-57
Number of pages: 18 Posted: 24 Aug 2018
Working Paper Series
University of New South Wales (UNSW) - Faculty of Law and University of New South Wales (UNSW) - Faculty of Law
Downloads 24
39.

New Skills for New Lawyers: Responding to Technology and Practice Developments

The Future of Australian Legal Education (Thomson Reuters 2018), UNSW Law Research No. 18-51
Number of pages: 14 Posted: 20 Aug 2018
Accepted Paper Series
University of New South Wales (UNSW) - Faculty of Law
Downloads 66
40.

Keep Calm and Carry on: Why the Increasing Automation of Legal Services Should Deepen and Not Diminish Legal Education

In, The Future of Australian Legal Education (Thomson Reuters 2018), UNSW Law Research Paper No. 18-50
Number of pages: 10 Posted: 17 Aug 2018
Working Paper Series
University of New South Wales (UNSW), University of New South Wales (UNSW) - Faculty of Law and University of New South Wales
Downloads 51
41.

Contemporary Challenges Facing the Australian Judiciary: An Empirical Interruption

Melbourne University Law Review, Vol. 42, No. 2, 2018, UNSW Law Research Paper No. 18-49
Number of pages: 52 Posted: 08 Aug 2018 Last Revised: 17 Aug 2018
Accepted Paper Series
University of New South Wales (UNSW), University of Adelaide - School of Law, University of New South Wales and University of Technology Sydney
Downloads 30
42.

Thailand's Draft Data Protection Bill: Many Strengths, Too Many Uncertainties

(2018) 153 Privacy Laws & Business International Report, 23-25, UNSW Law Research Paper No. 18-55
Number of pages: 7 Posted: 07 Aug 2018 Last Revised: 23 Aug 2018
Accepted Paper Series
University of New South Wales, Faculty of Law and Thammasat University
Downloads 125
43.

‘GDPR Creep’ for Australian Businesses But Gap in Laws Widens

(2018) 154 Privacy Laws & Business International Report 1, 4-5, UNSW Law Research Paper No. 18-54
Number of pages: 5 Posted: 06 Aug 2018 Last Revised: 28 Aug 2018
Accepted Paper Series
University of New South Wales, Faculty of Law
Downloads 101
44.

Finding Ways to Quicken, Not Deaden, the Spirit of Legal Education: Reflections on Approaches to Drafting Regulatory Standards

The Future of Australian Legal Education (Thomson Reuters 2018), UNSW Law Research Paper No. 18-48
Number of pages: 21 Posted: 03 Aug 2018 Last Revised: 17 Aug 2018
Accepted Paper Series
University of New South Wales (UNSW) - Faculty of Law
Downloads 23
45.

Fertile Octogenarians in Cyberspace: Why and How to Use Technology to Connect the Law School Classroom to Legal Practice

The Future of Australian Legal Education (Thomson Reuters 2018), UNSW Law Research Paper No. 18-47
Number of pages: 22 Posted: 03 Aug 2018 Last Revised: 07 Aug 2018
Working Paper Series
University of New South Wales (UNSW) - Faculty of Law
Downloads 21
46.

The Need for Lawyers

The Future of Australian Legal Education (Thomson Reuters 2018), UNSW Law Research Paper No. 18-46
Number of pages: 15 Posted: 03 Aug 2018 Last Revised: 07 Aug 2018
Working Paper Series
University of New South Wales
Downloads 93
47.

The Identity Challenge in Finance: From Analogue Identity to Digitized Identification to Digital KYC Utilities

European Business Organization Law Review, Forthcoming, UNSW Law Research Paper No. 18-45, European Banking Institute Working Paper Series 2018 No. 28, University of Luxembourg Law Working Paper No. 2018-008
Number of pages: 44 Posted: 01 Aug 2018 Last Revised: 25 Sep 2018
Working Paper Series
The University of Hong Kong - Faculty of Law, Universite du Luxembourg - Faculty of Law, Economics and Finance, University of New South Wales (UNSW) - Faculty of Law and The University of Hong Kong - Faculty of Law
Downloads 219
48.

Critical International Legal Theory

In Jeffrey L Dunoff and Mark A Pollack (eds), International Legal Theory: Foundations and Frontiers (Cambridge University Press, 2019, Forthcoming), UNSW Law Research Paper No. 18-44
Number of pages: 20 Posted: 01 Aug 2018
Working Paper Series
University of New South Wales, Faculty of Law
Downloads 415
49.

Japan's Proposed EU Adequacy Assessment: Substantive Issues and Procedural Hurdles

(2018) 154 Privacy Laws & Business International Report , UNSW Law Research Paper No. 18-53
Number of pages: 15 Posted: 25 Jul 2018 Last Revised: 28 Aug 2018
Accepted Paper Series
University of New South Wales, Faculty of Law
Downloads 131
50.

Financial Robots as Instruments of Fiduciary Loyalty

(2018) 40 Sydney Law Review 63, UNSW Law Research Paper No. 18-59
Number of pages: 31 Posted: 24 Jul 2018 Last Revised: 28 Aug 2018
Accepted Paper Series
UNSW Australia - Faculty of Law and University of New South Wales (UNSW) - Faculty of Law
Downloads 42