Justine James - Academia.edu (original) (raw)

Papers by Justine James

Journal of Qualitative Research in Tourism

This article examines how the concept of temporal imminence has evolved to become a precondition ... more This article examines how the concept of temporal imminence has evolved to become a precondition to a violation of a positive human rights obligation in a number of jurisdictions. We trace the case law back to its roots, especially in the European Court of Human Rights and the Inter-American Court of Human Rights, and find no clear rationale for its inclusion as a criterion of positive obligations in some cases, and serious divergence between cases with apparently similar facts. This analysis elucidates how temporal imminence has found its way into the recent decisions in Urgenda and Teitiota, which considered the link between climate change and positive human rights obligations. We consider how temporal imminence is a particularly inappropriate factor in climate change cases given the long-range nature of the threats. With courts across the world considering climate change and human rights arguments for the first time, we conclude with a note of caution against importing temporal i...

International Journal of Management, Technology, and Social Sciences, 2022

Purpose: As education sector becomes more and more quality conscious, the nature of work involved... more Purpose: As education sector becomes more and more quality conscious, the nature of work involved in teaching profession undergoes dramatic changes. The various management concepts such as creativity, innovation, continuous improvement and change management become a common jargon for teachers in the current scenario. All these factors impose greater pressure and uncertainty on teachers. In the midst of all these challenges, there are multiple parameters to evaluate the performance of teachers. This sudden shift in the profession really resulted in teachers experiencing a stressful environment. The predicament of whether to focus more on traditional teaching methodology or student centric quality parameters exerts pressure on them. The New Education Policy (NEP 2020) will of course demand more involvement from teachers. In this juncture, this study proposes to conduct an analysis of various issues and challenges related to work engagement of teachers. Design/Methodology/Approach: Lit...

The Professional Counselor, 2021

This study examined the relationships between psychological capital (PsyCap), coping strategies, ... more This study examined the relationships between psychological capital (PsyCap), coping strategies, and well-being among 609 university students using self-report measures. Results revealed that well-being was significantly lower during COVID-19 compared to before the onset of the pandemic. Multiple linear regression analyses indicated that PsyCap predicted well-being, and structural equation modeling demonstrated the mediating role of coping strategies between PsyCap and well-being. Prior to COVID-19, the PsyCap dimensions of optimism and self-efficacy were significant predictors of well-being. During the pandemic, optimism, hope, and resiliency have been significant predictors of well-being. Adaptive coping strategies were also conducive to well-being. Implications and recommendations for psychoeducation and counseling interventions to promote PsyCap and adaptive coping strategies in university students are presented.

Research Handbook on Climate Change, Oceans and Coasts, 2020

University of New South Wales law journal, 2016

On 2 December at the 2015 United Nations Climate Change Conference (‘COP21’) in Paris, Australia’... more On 2 December at the 2015 United Nations Climate Change Conference (‘COP21’) in Paris, Australia’s (then) Minister for the Environment Greg Hunt unveiled a new plank in Australia’s international and domestic climate change strategies, encompassing an international partnership for blue carbon, and a plan to incorporate blue carbon into Australia’s National Greenhouse Gas Inventory.1 ‘Blue carbon’ is a generic term referring to the carbon sequestered in the biomass and soils of vegetated coastal ecosystems, namely mangroves, seagrass, and saltmarshes.2 This emergence of blue carbon in Australia’s climate change policy is hardly surprising given the increasing scientific understanding of the significance of coastal carbon stocks. Coastal ecosystems provide a particularly effective, long-term 3 and extremely stable carbon sink. 4 The carbon storage capacity of coastal ecosystems can increase over time as soils accrete, compared with terrestrial (land-based) vegetation sinks which become...

Queensland has many sites of significant ecological and cultural value, some requiring specialise... more Queensland has many sites of significant ecological and cultural value, some requiring specialised regulation, and is home to many thousands of native species of animals, plants and insects found nowhere else on the planet. It continues to face significant challenges as to land use and the exploitation of natural resources. This important new book provides a detailed analysis of the legal framework in place in Queensland dealing with environment, planning and climate matters. It utilises a case study approach to trace the implementation of environmental law into practice. The authors examine the fragmented nature of environmental governance and the judicial application and interpretation of the law. They assess the effectiveness of this framework in the light of environmental principles. In doing so, they identify the challenges of current governance tools available to manage conflicting interests in land and resource use and discuss legal and policy options to address these issues....

Conservation Science and Practice, 2021

This article considers how “rolling covenants” (i.e., covenants on land title that can operate in... more This article considers how “rolling covenants” (i.e., covenants on land title that can operate in a “rolling” geographic area to keep pace with sea‐level rise) can be used to permit productive use of land in the short term, while ensuring land use can shift over time to allow for coastal ecosystem migration in the medium to long term. We use Australia as a case study, and through analysis of legislation and a series of semistructured interviews, we demonstrate how land title‐based covenants can be used to give legal effect to “rolling covenant” arrangements where land is subject to existing use and occupation. We then consider practical issues associated with drafting a rolling covenant arrangement, including an analysis of the types of events or scenarios that could be used as a basis for land use changing (e.g., projected sea‐level rise, actual ecosystem migration), and the advantages and disadvantages of each. We conclude that rolling covenants are a viable option for land management in the coastal zone, especially in circumstances where funding sources are available to incentivize uptake. Rolling covenants may provide opportunities for coastal wetlands to be maintained and even enhanced in cover, thereby delivering important ecosystem services (e.g., blue carbon) into the future.

Environmental and planning law journal, 2017

Statutory directives, such as the requirement for government decision-makers to “have regard to” ... more Statutory directives, such as the requirement for government decision-makers to “have regard to” a prescribed matter, are extensively used in climate change and coastal development legislation. This article considers how compliance with a statutory directive may influence judicial analysis in administrative law and negligence proceedings, drawing examples from three Australian State case studies. In all case study jurisdictions, decision-makers are required to gather and acquaint themselves with a substantial amount of information on risks such as sea-level rise, erosion and inundation. This article concludes that although compliance with a statutory directive may protect a decision-maker from a successful administrative law challenge, the information gathered to satisfy this directive may influence a court’s assessment of duty and breach in a future negligence action. Ideally, therefore, decision-makers should consider the short-and long-term significance of information on climate ...

LSN: Personal Injury Law (Topic), 2016

This article reviews the impact upon public authority liability for negligence of the introductio... more This article reviews the impact upon public authority liability for negligence of the introduction in Australia since 2002 of a variety of statutory restrictions upon public liability, in particular provisions introducing a new ‘policy defence’ for authorities that is designed to reduce their exposure to liability through lowered standards of care modelled on public law concepts. The article analyses the impact of the disparate provisions in the light of their recent judicial interpretation, highlighting the problems and uncertainties they create, their wide variation in form and their infidelity to the original reform proposals on which they are based. A return to the drawing board is required. We canvas two potential solutions that now merit more detailed consideration – either a wholesale reversion to the common law; or the enactment in Uniform Legislation of a single, cautiously deferential approach to liability for discretionary public body decisions, which mimics the approach ...

Environmental Science & Policy, 2021

The concept of post-secularism has come to signify a renewed attention to the role of religion wi... more The concept of post-secularism has come to signify a renewed attention to the role of religion within secular, democratic public spheres. Central to the project of post-secularism is the integration of religious ways of being within a public arena shared by others who may practice different faiths, practice the same faith differently, or be non-religious in outlook. As a secular state within which Sunni Islam has played an increasingly public role, Turkey is a prime site for studying new configurations of religion, politics, and public life. Our 2013 research with devout Sunni Muslim women in Istanbul demonstrates how the big questions of post-secularism and the problem of pluralism are posed and navigated within the quotidian geographies of homes, neighborhoods, and city spaces. Women grapple with the demands of a pluralistic public sphere on their own terms and in ways that traverse and call into question the distinction between public and private spaces. While mutual respect mediates relations with diverse others, women often find themselves up against the limits of respect, both in their intimate relations with Alevi friends and neighbors, and in the anonymous spaces of the city where they sometimes find themselves subject to secular hostility. The gendered moral order of public space that positions devout headscarf-wearing women in a particular way within diverse city spaces where others may be consuming alcohol or wearing revealing clothing further complicates the problem of pluralism in the city. We conclude that one does not perhaps arrive at post-secularism so much as struggle with its demands.

The Carmichael coal mine planned for Queensland's Galilee Basin has cleared another legal hur... more The Carmichael coal mine planned for Queensland's Galilee Basin has cleared another legal hurdle, with the state's Supreme Court dismissing a legal challenge to the validity of the Queensland government's decision to approve the project.

Environmental and planning law journal, 2016

Queensland’s Land Court has been the forum for several major challenges to coal mine proposals on... more Queensland’s Land Court has been the forum for several major challenges to coal mine proposals on the basis of their contribution to climate change. Although none of these challenges have succeeded in outright refusal of the project, incremental progress has occurred, including findings that: climate change science is accepted; Scope 3 emissions are relevant, and are linked to climate change; single projects are significant; and emissions must be assessed on a cumulative basis. These challenges have also resulted in clarification of costs rules, and conditions imposed on projects to address other crucial environmental impacts. This article will trace this incremental development through these cases, and identify the final barriers remaining to a successful challenge to a mine on climate change grounds in Queensland

Local Government Law Journal, 2016

Journal of psychosocial research, 2015

INTRODUCTIONIdentity development is a lifelong process that begins in childhood and extends till ... more INTRODUCTIONIdentity development is a lifelong process that begins in childhood and extends till old age. Identity formation has many components - physical, sexual, social, vocational, moral, ideological, and psychological characteristics (Rice, 1999). Many series of conflicts are involved in the process. Adolescence is a period when individuals examine identity as a process of finding out the fidelity in them, with reference to their peers. Orientation about the society they have to survive here gets redefined, from a world of parents and relatives who always attended them, to the world of peers who would attend them in special situations only.Adolescence is a period when individuals become confused about their personal strengths and weaknesses, and does not have a well articulated sense of self. This temporary instability and confusion, this distress and disorientation, resulting from conflicting pressures and uncertainty about one's self and one's role in society, usually...

Australian Law Journal, 2018