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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 953 papers

1.

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 1
2.

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 1
3.

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 13
4.

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 1
5.

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 1
6.

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 2
7.

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 260
8.

‘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
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
9.

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 2
10.

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 7
11.

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 22
12.

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 40
13.

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 7
14.

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 69
15.

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 4
16.

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 13
17.

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 44
18.

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 14
19.

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 (UNSW) - Faculty of Law

Multiple version iconThere are 2 versions of this paper

Downloads 12
20.

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 31
21.

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 125
22.

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 21
23.

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 203
24.

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 29
25.

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 59
26.

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 52
27.

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 80
28.

‘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 95
29.

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 152
30.

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 34
31.

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 33
32.

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 62
33.

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, University of Luxembourg Law Working Paper No. 004-2019
Number of pages: 28 Posted: 29 Oct 2018 Last Revised: 11 Apr 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 675
34.

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 58
35.

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
36.

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 13
37.

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 14
38.

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 38
39.

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 17
40.

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 150
41.

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 160
42.

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 101
43.

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
44.

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 10
45.

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 4
46.

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
47.

Constitutional Design Deferred

Forthcoming, Elgar Handbook on Comparative Constitution Making (Elgar, 2019) Chapter 8, UNSW Law Research Paper No. 18-63
Number of pages: 22 Posted: 18 Sep 2018 Last Revised: 17 Mar 2019
Working Paper Series
University of New South Wales (UNSW) - Faculty of Law
Downloads 62
48.

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 52
49.

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 61
50.

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 513