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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 976 papers

1.

‘Overreaching’ or ‘Overreacting’? Reflections on the Judicial Function and Approaches of WTO Appellate Body

(2019) 53(6) Journal of World Trade, UNSW Law Research Paper No. 19-49
Number of pages: 21 Posted: 12 Jul 2019 Last Revised: 13 Jul 2019
Working Paper Series
University of New South Wales and Singapore Management University - School of Law
Downloads 77
2.

Regulating LIBRA: The Transformative Potential of Facebook’s Cryptocurrency and Possible Regulatory Responses

University of New South Wales Law Research Series UNSWLRS 19-47 , European Banking Institute Working Paper Series 2019/44
Number of pages: 29 Posted: 11 Jul 2019 Last Revised: 15 Jul 2019
Accepted Paper Series
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 528
3.

Calibrated Proportionality

UNSW Law Research Paper No. 19-48
Number of pages: 41 Posted: 10 Jul 2019
Working Paper Series
University of New South Wales (UNSW) - Faculty of Law
Downloads 2
4.

Submission to Review of the Mandatory Data Retention Regime Prescribed by Part 5-1A of the Telecommunications (Interception and Access) Act 1979 (CTH) (‘TIA Act’)

UNSW Law Research Paper No. 19-46, 2019
Number of pages: 24 Posted: 09 Jul 2019
Working Paper Series
University of New South Wales (UNSW) - Faculty of Law and University of New South Wales (UNSW) - Faculty of Law
Downloads 1
5.

Land and Sea: Resolving Contested Land and Disappearing Land Disputes under the UN Convention on the Law of the Sea

In C Giorgetti, N Klein (eds), Resolving Conflicts of Law: Essays in Honour of Lea Brilmayer (Brill, 2019), UNSW Law Research Paper No. 19-45
Number of pages: 34 Posted: 02 Jul 2019
Working Paper Series
UNSW Sydney
Downloads 2
6.

In Defense of the WTO: Why Do We Need a Multilateral Trading System?

UNSW Law Research Paper No. 19-44
Number of pages: 25 Posted: 30 Jun 2019
Accepted Paper Series
University of New South Wales
Downloads 54
7.

Mediation and Arbitration: The Process of Enforcement

(2019) Uniform Law Review 1, UNSW Law Research Paper No. 19-43
Number of pages: 19 Posted: 28 Jun 2019
Working Paper Series
University of Western Australia - Faculty of Law and University of New South Wales (UNSW) - Faculty of Law
Downloads 8
8.

It’s Nearly 2020, so What Fate Awaits the 1980 OECD Privacy Guidelines? (A Background Paper for the 2019 OECD Privacy Guidelines Review)

(2019) 159 Privacy Laws & Business International Report 18-21, UNSW Law Research Paper No. 19-42
Number of pages: 12 Posted: 17 Jun 2019 Last Revised: 15 Jul 2019
Working Paper Series
University of New South Wales, Faculty of Law
Downloads 14
9.

Submission to the OHCHR Thematic Report to the United Nations General Assembly on Digital Technology, Social Protection and Human Rights

UNSW Law Research Paper No. 19-41
Number of pages: 11 Posted: 15 Jun 2019
Working Paper Series
University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW) and University of New South Wales (UNSW), Faculty of Law, Students
Downloads 6
10.

Artificial Intelligence: Australia’s Ethics Framework Submission to the Department of Industry, Innovation and Science

UNSW Law Research Paper No. 19-40
Number of pages: 8 Posted: 07 Jun 2019
Working Paper Series
University of New South Wales (UNSW) - Faculty of Law and University of New South Wales (UNSW) - Faculty of Law
Downloads 11
11.

Timor Sea Conciliation: A Harbinger of Dispute Settlement Under UNCLOS?

Forthcoming, Hélène Ruiz Fabri, Erik Franckx, Marco Benatar and Tamar Meshel (eds), Dispute Resolution in the Law of International Watercourses and the Law of the Sea: A Bridge Over Troubled Waters (Brill Nijhoff), UNSW Law Research Paper No. 19-39,
Number of pages: 23 Posted: 17 May 2019
Working Paper Series
UNSW Sydney
Downloads 12
12.

The Belt and Road Initiative and the Potential for Dispute Settlement Under the UN Convention on the Law of the Sea

Forthcoming, Wenhua Shan, Jinyuan Su and Sheng Zhang (eds), China and International Dispute Resolution in the Context of the “Belt and Road Initiative” (Cambridge University Press), UNSW Law Research Paper No. 19-38,
Number of pages: 19 Posted: 16 May 2019
Working Paper Series
UNSW Sydney
Downloads 10
13.

Fair Use As an Advance on Fair Dealing? Depolarising the Debate

Forthcoming, Shyam Balganesh, Haochen Sun and Ng-Loy Wee Loon (eds), Cambridge Handbook of Copyright Limitations and Exceptions (Cambridge University Press, 2019), UNSW Law Research Paper No. 19-37
Number of pages: 26 Posted: 14 May 2019
Working Paper Series
University of New South Wales (UNSW) - Faculty of Law and King's College London – The Dickson Poon School of Law
Downloads 22
14.

Trademark Transactions in Common Law Countries: Liberalisation and Its Limits

Forthcoming, Irene Calboli and Jane C Ginsburg (eds), Cambridge Handbook on International and Comparative Trademark Law (Cambridge University Press 2019), UNSW Law Research Paper No. 19-36
Number of pages: 15 Posted: 07 May 2019
Working Paper Series
University of Melbourne - Law School and University of New South Wales (UNSW) - Faculty of Law
Downloads 18
15.

Planned Relocations in the Context of Climate Change: Unpacking the Legal and Conceptual Issues

(2015) 4 Cambridge Journal of International and Comparative Law 137, UNSW Law Research Paper No. 19-35
Posted: 03 May 2019
Working Paper Series
University of New South Wales (UNSW) - Faculty of Law and Independent
16.

Relocation and Resettlement from Colonisation to Climate Change: The Perennial Solution to ‘Danger Zones’

(2015) 3 London Review of International Law 93, UNSW Law Research Paper No. 19-34
Posted: 03 May 2019
Working Paper Series
University of New South Wales (UNSW) - Faculty of Law
17.

Resolving Disputes under UNCLOS when the Coastal and User States are Disputed

In Nong Hong and Gordon Houlden (eds), Maritime Order and the Law in East Asia (Routledge, 2018), UNSW Law Research Paper No. 19-32
Number of pages: 17 Posted: 03 May 2019
Accepted Paper Series
UNSW Sydney
Downloads 33
18.

A Regulatory Diagnostic Toolkit for Digital Financial Services in Emerging Markets

(2018) 34 Banking and Finance Law Review 1, UNSW Law Research Paper No. 19-33
Number of pages: 30 Posted: 02 May 2019
Working Paper Series
University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW) - Faculty of Law and College of Law, National Chengchi University
Downloads 71
19.

Submission to the UNHCR’s Global Virtual Summit on Digital Identity for Refugees ‘Envisioning a Digital Identity Ecosystem in Support of the Global Compact on Refugees’

UNSW Law Research Paper No. 19-31
Number of pages: 4 Posted: 01 May 2019 Last Revised: 11 May 2019
Working Paper Series
University of New South Wales (UNSW) - Faculty of Law, University of New South Wales, Faculty of Law, University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW) - Faculty of Law, University of Oxford - Faculty of Law and University of New South Wales (UNSW) - Faculty of Law
Downloads 25
20.

From Rule of Law to Statute Drafting: Legal Issues for Algorithms in Government Decision-Making

Forthcoming, Woodrow Barfield (ed), Cambridge Handbook on the Law of Algorithms (Cambridge University Press 2019), UNSW Law Research Paper No. 19-30
Number of pages: 30 Posted: 01 May 2019
Working Paper Series
University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW), University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW) - Faculty of Law and Australian National University (ANU)
Downloads 100
21.

Submission for the Thematic Report to the UN General Assembly on Digital Technology, Social Protection and Human Rights

UNSW Law Research Paper No. 19-29
Number of pages: 8 Posted: 29 Apr 2019
Working Paper Series
University of New South Wales, Faculty of Law and University of New South Wales (UNSW) - Faculty of Law
Downloads 16
22.

Helping Future Citizens Navigate an Automated, Datafied World

UNSW Law Research Paper No. 19-28
Number of pages: 19 Posted: 24 Apr 2019
Working Paper Series
University of New South Wales (UNSW) - Faculty of Law
Downloads 22
23.

Part One: The Protection of Stateless Persons in Australian Law — The Rationale for a Statelessness Determination Procedure

(2017) 40 Melbourne University Law Review 401, UNSW Law Research Paper No. 19-27
Number of pages: 56 Posted: 10 Apr 2019
Working Paper Series
University of Melbourne - Law School, University of New South Wales (UNSW) - Faculty of Law and Independent
Downloads 11
24.

Part Two: The Prevention and Reduction of Statelessness in Australia — An Ongoing Challenge

(2017) 40 Melbourne University Law Review 456, UNSW Law Research Paper No. 19-26
Number of pages: 51 Posted: 10 Apr 2019
Working Paper Series
University of Melbourne - Law School, University of New South Wales (UNSW) - Faculty of Law and Independent
Downloads 7
25.

Building International Approaches to Climate Change, Disasters, and Displacement

Melbourne University Law Review, Forthcoming, UNSW Law Research Paper No. 19-24
Number of pages: 15 Posted: 06 Apr 2019
Working Paper Series
University of New South Wales (UNSW) - Faculty of Law
Downloads 35
26.

Self-determination and Self-Governance for Communities Relocated Across International Borders: The Quest for Banaban Independence

(2017) 24 International Journal on Minority and Group Rights 428, UNSW Law Research Paper No. 19-21
Number of pages: 27 Posted: 29 Mar 2019
Working Paper Series
University of New South Wales (UNSW) - Faculty of Law
Downloads 6
27.

International Cooperation and Responsibility-Sharing to Protect Refugees: What, Why, and How?

(2017) 66 International and Comparative Law Quarterly 863, UNSW Law Research Paper No. 19-20
Number of pages: 29 Posted: 29 Mar 2019
Working Paper Series
Independent and University of New South Wales (UNSW) - Faculty of Law
Downloads 4
28.

International Cooperation and Responsibility Sharing to Combat Climate Change: Lessons for International Refugee Law

(2017) 18(2) Melbourne Journal of International Law 180, UNSW Law Research Paper No. 19-19
Number of pages: 40 Posted: 27 Mar 2019
Working Paper Series
Independent and University of New South Wales (UNSW) - Faculty of Law
Downloads 10
29.

The Future of Data-Driven Finance and RegTech: Lessons from EU Big Bang II

European Banking Institute Working Paper Series 2019/35, UNSW Law Research Paper No. 19-22, University of Luxembourg Law Working Paper No. 005-2019, University of Hong Kong Faculty of Law Research Paper No. 2019/004
Number of pages: 57 Posted: 27 Mar 2019 Last Revised: 18 Apr 2019
Working Paper Series
Universite du Luxembourg - Faculty of Law, Economics and Finance, The University of Hong Kong - Faculty of Law, University of New South Wales (UNSW) - Faculty of Law and University of Zurich - Faculty of Law
Downloads 521
30.

‘Filling Gaps and Verifying Facts: Assumptions and Credibility Assessment in the Australian Refugee Review Tribunal’

(2018) 30 International Journal of Refugee Law 71, UNSW Law Research Paper No. 19-18
Posted: 26 Mar 2019 Last Revised: 04 May 2019
Working Paper Series
Independent, University of New South Wales (UNSW), Independent, University of New South Wales (UNSW) - Faculty of Law, Independent and University of Missouri at Rolla
31.

The Duty to Move People Out of Harm’s Way in the Context of Climate Change and Disasters

(2018) 37 Refugee Survey Quarterly 379, UNSW Law Research Paper No. 19-17
Number of pages: 2 Posted: 26 Mar 2019
Working Paper Series
Independent, University of New South Wales (UNSW) - Faculty of Law, Independent and Independent
Downloads 11
32.

Imminence in Refugee and Human Rights Law: A Misplaced Notion for International Protection

(2019) 68 International Comparative Law Quarterly 111, UNSW Law Research Paper No. 19-16
Number of pages: 26 Posted: 25 Mar 2019
Working Paper Series
Independent, University of Melbourne - Law School, University of Technology Sydney and University of New South Wales (UNSW) - Faculty of Law
Downloads 25
33.

Response to Issues Paper on Human Rights and Technology

UNSW Law Research Paper No. 19-12
Number of pages: 11 Posted: 24 Mar 2019
Working Paper Series
University of New South Wales (UNSW), Faculty of Law, Students, University of New South Wales (UNSW), Faculty of Law, Students, Xamax Consultancy Pty Ltd, University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW) - Faculty of Law, Independent, University of New South Wales (UNSW) - Faculty of Law, UNSW Australia Business School, School of Taxation and Business Law, University of New South Wales (UNSW) - Faculty of Law and University of New South Wales (UNSW) - Faculty of Law
Downloads 45
34.

Response to ‘Artificial Intelligence: Governance and Leadership’ White Paper Consultation

UNSW Law Research Paper No. 19-15
Number of pages: 10 Posted: 14 Mar 2019
Working Paper Series
University of New South Wales (UNSW), Faculty of Law, Students, University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW) - Faculty of Law, Xamax Consultancy Pty Ltd, UNSW Australia Business School, School of Taxation and Business Law, University of New South Wales (UNSW) - Faculty of Law, The University of Sydney Law School and Independent
Downloads 108
35.

Response to Issues Paper on Data Sharing and Release

UNSW Law Research Paper No. 19-13
Number of pages: 5 Posted: 14 Mar 2019
Working Paper Series
University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW) - Faculty of Law, University of New South Wales, Faculty of Law, University of New South Wales, Faculty of Law, University of New South Wales (UNSW) - Faculty of Law, Independent, UNSW Australia Business School, School of Taxation and Business Law, University of New South Wales (UNSW) - Faculty of Law and University of New South Wales (UNSW) - Faculty of Law
Downloads 16
36.

The Rule of Law and Automation of Government Decision-Making

Forthcoming, (2019) Modern Law Review, UNSW Law Research Paper No. 19-14
Number of pages: 27 Posted: 14 Mar 2019
Working Paper Series
University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW) - Faculty of Law and University of New South Wales (UNSW) - Faculty of Law

Multiple version iconThere are 2 versions of this paper

Downloads 155
37.

The Privacy and Data Protection Regulatory Framework for C-ITS and AV Systems Report for the National Transport Commission

Report for the National Transport Commission, 2nd July 2018, UNSW Law Research Paper No. 19-11
Number of pages: 130 Posted: 04 Mar 2019 Last Revised: 03 May 2019
Accepted Paper Series
University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW) - Faculty of Law and University of New South Wales (UNSW) - Faculty of Law
Downloads 12
38.

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 5
39.

Internet Architecture and Human Rights: Beyond the Human Rights Gap

Forthcoming (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 Last Revised: 22 Feb 2019
Working Paper Series
University of New South Wales (UNSW) - Faculty of Law and University of Amsterdam
Downloads 20
40.

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 (UNSW) - Faculty of Law
Downloads 64
41.

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 (UNSW) - Faculty of Law
Downloads 19
42.

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, UNSW Law Research Paper No. 19-6
Number of pages: 16 Posted: 07 Feb 2019 Last Revised: 25 Apr 2019
Working Paper Series
University of New South Wales (UNSW) - Faculty of Law

Multiple version iconThere are 2 versions of this paper

Downloads 12
43.

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 35
44.

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 174
45.

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 23
46.

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 272
47.

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 44
48.

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 80
49.

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 93
50.

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 90