bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Separation of Judicial Power
Authors: Foster Michelle 
Published: October 2018

Abstract
This chapter discusses the separation of judicial power principle in Australia. First, it considers the history of the principle and whether it was intended or assumed by the Constitution's drafters. Next, the chapter examines the evolution of the principle in the High Court's jurisprudence, as well as its underlying rationales. Hereafter, this chapter considers the practical ramifications of the principle, and the methods and techniques adopted by the High Court to respond to some of its ‘inconvenient’ consequences. Finally, the chapter considers two of the core underlying rationales in the context of controversial issues in contemporary jurisprudence. It analyses the separation of judicial power principle and the protection of individual rights, in addition to the separation of judicial power principle and federalism. The chapter concludes by briefly commenting on likely future developments.
The Constitutionalization of Administrative Law
Authors: Mortimer Debbie 
Published: October 2018

Abstract
This chapter analyses the insertion of the Constitution into the centre of Australian administrative law. This process of constitutionalization has occurred incrementally, driven by context and necessity. There has been little overruling: rather, there have been shifts in language and emphasis, in circumstances almost entirely concerned with the rocky and changeable course of government policy in Australian migration law, and refugee law in particular. Although it need not have been so, constitutionalization has occurred by the High Court's emphasis on section 75(v) of the Constitution. After describing the origins, purpose, and role of section 75(v) as the setting for this change in emphasis, this chapter examines the signs of constitutionalization and the key features of public law litigation which have contributed to it. The chapter concludes with a discussion of some of the consequences of constitutionalization, and what future developments might occur.
Power
Authors: Leeming Mark 
Published: October 2018

Abstract
This chapter explains and illustrates why the Australian Constitution is mostly concerned with power, and public power in particular. ‘Public power’ here refers to the powers conferred by the Commonwealth and State Constitutions upon the instruments of government. In this light, the chapter is about how there is a greater focus in the Australian legal system upon power, as opposed to rights. It first describes the nature of the structures established by the Commonwealth and State Constitutions. Then the nature of the limitations of, and interactions between, the powers conferred upon those structures is considered, illustrating the different qualities of legislative, executive, and judicial power and the different relationships between those powers.
Money
Authors: McLeish Stephen 
Published: October 2018

Abstract
This chapter outlines the main provisions of the Australian Constitution dealing with money. It describes how the provisions of the Constitution address the many financial questions which arose at the establishment of the Commonwealth of Australia. These included: how the establishment of the Commonwealth would be funded, what powers the Commonwealth and the States would have to raise money, how the governments of the States would continue to be funded after the former colonies lost some of their taxing powers on becoming States, and what would be the responsibilities of the legislative and executive branches in the financial affairs of the Commonwealth. The chapter then outlines the principal High Court decisions which have guided the understanding of these provisions. The decisions are of two kinds: those concerning the interpretation of the Constitution and the federation more generally, and those about financial matters in particular.
The Federal Principle
Authors: Crommelin Michael 
Published: October 2018

Abstract
This chapter seeks to determine the content of the federal principle in Australia from the historical context of the Constitution, the text and structure of the Constitution, and the jurisprudence of the High Court of Australia. The federal principle is a foundational element of the Constitution, along with representative democracy, responsible government, separation of judicial power, and the rule of law. The Commonwealth of Australia Constitution Act 1900 (UK) provided for the people of the six Australian colonies to be united in ‘a Federal Commonwealth under the name of the Commonwealth of Australia’, a self-governing polity within the British Empire. Hence, the chapter reveals three core ingredients of the federal principle: multiple polities, limited authority of polities, and reciprocal responsibility among polities. These ingredients are tightly intertwined.
Due Process
Authors: Wheeler Fiona 
Published: October 2018

Abstract
This chapter explores how guarantees of due process in Australia are implemented. It first examines the unsuccessful attempt in the 1890s to incorporate an express due process clause in the Australian Constitution. The chapter next looks at the High Court's historical recognition that Chapter III of the Constitution incorporates judicial review of the validity of legislative and executive action and a separation of federal judicial power. It then examines how, in recent decades, the Court has distilled a group of due process guarantees binding on the Commonwealth and the states from this institutional framework. Finally, the chapter considers key issues in future development of Australian due process law.
Equality
Authors: Meyerson Denise 
Published: October 2018

Abstract
This chapter considers the extent to which the Australian Constitution protects the right of individuals to equality and non-discrimination. It is concerned solely with the extent to which the Constitution forbids the passing of laws that discriminate against individuals or that subject individuals who are the same in relevant respects to different treatment. As the chapter shows, the Constitution neither expressly nor impliedly contains a guarantee of general legal equality for individuals. It does, however, prohibit one kind of discrimination against individuals, namely, discrimination on the ground of out-of-State residence. Furthermore, there are some respects in which the Constitution expressly contemplates inequality, including race-based inequality—a singular fact that has been taken to defeat the notion that the Constitution contains an implied guarantee of equality.
Legality
Authors: Meagher Dan 
Published: October 2018

Abstract
This chapter identifies and explores the relationship between the common law principle of legality and the Australian Constitution. To this end, the chapter considers in some detail how the courts might use the Constitution to provide a stronger normative justification for the principle, better fix the content of the rights it operates to protect, and inform how it is applied. The analysis undertaken is based on the view that much of the recent (and likely future) development of the principle in Australia—indeed the principles of statutory interpretation more generally—may well be constitutionally driven. To do so, the present status of the principle of legality is outlined in this chapter. Its evolution in Australian law and the key points of doctrinal controversy and methodological disagreement are also traced and identified.
Why Are Banks Supervised?
Authors: Gleeson Simon 
Published: October 2018

Abstract
This chapter begins by setting out the Core Principles for Effective Banking Supervision produced by the Basel Committee in September 1997, reissued in a revised version in October 2006, and further revised in the light of the crisis in 2012. The 2012 revision of these principles focused on four major areas: corporate governance within banks; an obligation on supervisors to ensure that banks are appropriately prepared for resolution; an obligation for supervisors to assess bank risks in the context of the macroeconomic environment; and the idea that supervisors should have higher expectations of banks which are globally systemically significant than for other banks. The discussions then turn to capital regulation, constraints on bank capital regulation, quantum of bank capital requirements, whether the banking crisis proves that risk capital-based regulation failed, market crisis and regulation, and protecting the public from the consequences of bank failure.
Total Loss-Absorbing Capacity
Authors: Gleeson Simon 
Published: October 2018

Abstract
Post-crisis banks are subject to two overlapping authorities: regulatory authority and resolution authority. Both are concerned with the survival of the bank in a crisis, and both have the power to instruct a bank as to how it should structure itself to address that possibility. Total Loss Absorbing Capital (TLAC) is the most significant point of overlap between these two authorities. Viewed from the perspective of a resolution authority, TLAC is simply a name for that proportion of the liabilities of a bank which can be converted into capital in a resolution. However, viewed from the perspective of a prudential supervisor, the TLAC requirement can be viewed as a capital requirement capable of being met with a wider range of instruments than those which qualify as Tier 1 or Tier 2. This chapter discusses TLAC requirements, composition of TLAC, treatment of TLAC holdings by other banks, and the EU's approach to TLAC.
The Trading Book
Authors: Gleeson Simon 
Published: October 2018

Abstract
This chapter begins by discussing market risk in the Basel framework. Market risk was a relative latecomer to the Basel framework. Although the original Accord was signed in 1988, it was only in 1996 that the amendment to incorporate market risks was implemented. Market risk in the trading book is comprised of two significant components: position risk, which measures the risk of a change in the value of assets held; and counterparty credit risk, which measures the riskiness of counterparties to derivatives, options, and other trading positions. The remainder of the chapter covers trading book eligibility under Basel 2.5 and Basel 3.
Credit Value Adjustment
Authors: Gleeson Simon 
Published: October 2018

Abstract
The chapter discusses credit value adjustment (CVA) under Basel 2.5 and Basel 3. CVA is an adjustment to the fair value (or price) of derivative instruments to account for counterparty credit risk (CCR). Thus, CVA is commonly viewed as the price of CCR. The purpose of the CVA capital charge is to capitalize the risk of future changes in CVA. For most exposures, at any given time the market credit spread on the relevant counterparty is good proxy for the CVA applicable to the exposure, but the regulatory calculations involved reflect a number of factors as well as this particular input.
Concentration and Large Exposures
Authors: Gleeson Simon 
Published: October 2018

Abstract
This chapter discusses the large exposure regime. The large exposures regime is one of the two substantial components of the prudential capital regulatory system — the other being liquidity — which did not fall within the Basel 2 regime. Both have now been brought within the Basel 3 regime, although the large exposure rules are expected to come into effect only from 1 January 2019. The essence of the large exposures regime is the idea that banks should diversify their risk. There are three core rules which are relevant for the large exposures regime. One is the rule that any exposure which is sufficiently ‘large’ should be reported to the regulator; the second is that no single exposure should be permitted to exceed 25 per cent of capital (15% for exposure to G-SIBs).
Financial Conglomerates
Authors: Gleeson Simon 
Published: October 2018

Abstract
This chapter discusses the supervision of financial conglomerates. In 1999, the Joint Forum on Financial Conglomerates released a paper which sets out the basis of the supervision of conglomerates, and the basic principles set out in this paper remain the basis for conglomerate supervision. The paper classified the existing approaches to conglomerate regulation into the ‘building block prudential method’, the ‘risk based aggregation method’, and the ‘risk-based deduction method’. The EU Financial Groups Directive, although largely based on the work of the Joint Forum, has also set out three prescribed approaches to conglomerates which are similar but not identical to the Joint Forum categories. Those four methods are discussed.
Major Oil and HNS Spills
Authors: Purnell Karen 
Published: October 2018

Abstract
This chapter evaluates the effectiveness of measures taken by the International Maritime Organization (IMO) to promote global governance of the ocean. These views are based upon the International Tanker Owners Pollution Federation’s (ITOPF) experience of having attended major oil and HNS incidents worldwide. The evaluation also takes into account the educational and outreach activities that the ITOPF has undertaken in conjunction with the IMO and several of the partners with whom the IMO works. The approach taken has been to consider, primarily, the measures in terms of the conventions that are in place governing Preparedness and Compensation and to highlight where measures appear to be working effectively as well as where there are obstacles. The ITOPF’s role does not extend to measures taken to prevent incidents occurring. Other conventions are mentioned briefly insofar as they have relevance to the work of the ITOPF.
The IMO: Maritime Terrorism/Security and Global Ocean Governance
Authors: de Boer Jan Engel 
Published: October 2018

Abstract
This chapter concentrates on the measures taken by the International Maritime Organization (IMO) to prevent acts of terrorism at sea. It looks in some detail at the legal jurisdictional framework put in place by the development and adoption of the 1988 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (SUA) and its 2005 Protocols. The chapter also discusses the practical measures adopted by IMO through the International Ship and Port Facility Security (ISPS) Code aimed at improving security in ports and on ships. Finally, this chapter concludes that these measures, which are constantly under review by the relevant committees within the IMO, have put in place the necessary building blocks. What is now required is the political will on the part of IMO Member States by passing the necessary legislation or other administrative measures to implement satisfactorily these measures.
The IMO’s Work on Environmental Protection and Global Ocean Governance
Authors: Chircop Aldo 
Published: October 2018

Abstract
This chapter surveys the extensive work undertaken by the International Maritime Organization (IMO) to protect the marine environment. It argues that marine environment issues cannot be the exclusive responsibility of one international organization, even one as proactive as the IMO. The chapter offers a variety of suggestions that might be looked into to improve the effectiveness of IMO measures. It also notes that flag states do not always live up to their responsibilities under the UN Convention on the Law of the Sea (UNCLOS) with regard to the exercise of effective control and jurisdiction over ships flying their flags. In this light, Port State Memorandum of Understanding (MoU) reports frequently observe substantial deficiencies on a number of vessels, whether flagged under open registries or not. It remains to be seen whether the recently adopted IMO compulsory audit scheme may cast further light on these issues.
The IMO: Ship-sourced Emissions, Climate Change, and Global Ocean Governance
Authors: Hughes Edmund 
Published: October 2018

Abstract
This chapter focusses on the vexed question of climate change and the International Maritime Organization’s (IMO) attempts to control and reduce ship-sourced emissions. It notes that, while international maritime transport remains the most energy-efficient mode of mass cargo transport, a global approach to further improvements in energy efficiency and work to address greenhouse gas (GHG) emissions from ships is highly necessary. After all, sea transport is predicted to grow significantly in the coming years. In line with this, a roadmap has been approved by the Marine Environment Protection Committee (MEPC) for the development of a comprehensive strategy on the reduction of GHG emissions from ships. Under the roadmap and to provide a long-term vision for the shipping sector, the MEPC will need to address a number of important questions.
The IMO, the Polar Regions, and Global Ocean Governance
Authors: Stemre Turid 
Published: October 2018

Abstract
This chapter discusses the content of the recently adopted Polar Code and outlines the methodology used in the working group of the Marine Environment Protection Committee (MEPC) that led to the Code being developed and adopted. In doing so, the chapter provides invaluable insight into the workings of International Maritime Organization (IMO) committees. In addition, the chapter maintains that, in the absence of political will to do so, the intended results of this lengthy negotiation at IMO will not be achieved. An additional area this chapter identifies for further action concerns the International Life-saving Appliance (LSA) Code and the International Code for the Application of Fire Test Procedures (FTP). This area urgently needs revision in order to take into account the new requirements of the Polar Code regarding procedures and performance standards.
The International Labour Organization and Ocean Governance
Authors: Politakis George P 
Published: October 2018

Abstract
This chapter examines the role of the International Labour Organization (ILO) in ocean governance. Established in 1919, ILO is the oldest agency of the United Nations. Today, its decent work agenda is articulated around four strategic objectives: promote fundamental principles and rights at work; create employment and income opportunities; enhance social protection and social security; and strengthen social dialogue and tripartism. The chapter discusses ILO’s standard-setting activities with respect to international protection of maritime labour as well as the Maritime Labour Convention of 2006, which gave rise to a new social charter for global seafaring. It also considers ILO’s standard-setting work relating to commercial fishing and to biometric seafarers’ identity documents (SIDs).
The Work of the International Monetary Fund and Its Possible Relevance to Global Ocean Governance
Authors: Doussis Emmanuella 
Published: October 2018

Abstract
This chapter discusses the role of the International Monetary Fund (IMF) in global ocean governance. It first traces the history of the IMF, from its inception at Bretton Woods in 1944 to the late 1970s and beyond, and highlights the factors that have influenced its institutional development as well as its current institutional profile. It then describes the IMF’s membership, structure, main functions, and decision-making processes before analysing the possible input of the Fund to matters related to ocean governance. In particular, it considers the ways in which the IMF is involved in global ocean governance through its three main functions: economic surveillance, lending, and capacity building. Although the Fund has no direct relevance to global ocean governance, the chapter shows that the IMF may contribute to its improvement by providing technical assistance and policy advice, as well as a better interaction with other, more competent, international agencies.
The Work of WIPO and Its Possible Relevance for Global Ocean Governance
Authors: Chiarolla Claudio 
Published: October 2018

Abstract
This chapter focuses on the work of the World Intellectual Property Organization (WIPO) and its possible relevance for global ocean governance. It first provides a background on WIPO and its activities, legal foundations and mandate before asking whether there is a place for intellectual property (IP) considerations in regard to global ocean governance. It then considers what role, if any, WIPO should play, as the competent UN agency responsible for the development of a balanced and effective international IP system, in strengthening the contribution of IP to the global governance of oceans, in line with Sustainable Development Goals 14 (Life below water). It also describes some key areas of overlap and possible interrelationships between global ocean governance and the work of WIPO from both normative and practical standpoints. Finally, it reflects on WIPO’s future role in the context of the evolving sustainable ocean governance.
The Contribution of UNODC to Ocean Governance
Authors: Forlati Serena 
Published: October 2018

Abstract
This chapter discusses the contribution of the United Nations Office on Drugs and Crime (UNODC) to ocean governance. Formally established in 2004, UNODC is an office of the United Nations (UN) Secretariat focused on addressing the interrelated issues of drug control, crime prevention and international terrorism in the context of sustainable development and human security. The chapter first provides an overview of UNODC’s history, governance and budget before considering its role in achieving the 2030 Agenda for Sustainable Development. It then examines UNODC’s involvement in ocean governance, particularly in effective prevention and repression of crime at sea, based on the legal frameworks of UNCLOS and the United Nations Convention against Transnational Organized Crime (UNTOC). Finally, it describes two UNODC Programmes that have an impact on the process of ocean management: the Container Control Programme and the Global Maritime Crime Programme.
The Contribution of UNHCR to Ocean Governance
Authors: Trevisanut Seline 
Published: October 2018

Abstract
This chapter discusses the role of the United Nations High Commissioner for Refugees (UNHCR) in ocean governance. Created in 1950 to replace the International Refugee Organization, the UNHCR provides protection to refugees and displaced persons. In addition to promoting the development and ratification of multilateral and bilateral agreements for the protection of refugees, the UNHCR assists governments and private organizations dealing with the repatriation or settlement of refugees in host countries. The chapter first provides a brief overview of the UNHCR’s beginnings and the progressive expansion of its mandate before analysing the role of the UNHCR Executive Committee (ExCom). It then considers how the UNHCR handles crises involving irregular migration by sea, including the Haitian crisis and the Indochinese crisis, along with its influence on the development of the international legal framework of search and rescue services. Finally, it highlights the ways in which the UNHCR contributes to ocean governance.
Healthy Oceans for Healthy Lives
Authors: Negri Stefania 
Published: October 2018

Abstract
This chapter focuses on the contribution of the World Health Organization (WHO) to global ocean governance. It first provides an overview of ‘oceans and human health’ as a new interdisciplinary area of research before discussing the range of benefits to human health provided by the oceans as well as the public health risks associated with the degradation of coastal and ocean water quality due to anthropogenic and natural hazards. It then examines the WHO’s institutional profile and position in the United Nations system, its governing texts and governing bodies, and competence and activity in the field of environmental health. It also considers the important role played by the WHO in global ocean governance, highlighting specific areas of intervention, and its commitment to ocean-related Sustainable Development Goals. Finally, it analyses the potential for a strengthened and more visible role of the WHO in ocean governance.