Publisher: RMIT Publishing   (Total: 387 journals)

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Showing 1 - 200 of 387 Journals sorted alphabetically
40 [degrees] South     Full-text available via subscription   (Followers: 5)
Aboriginal and Islander Health Worker J.     Full-text available via subscription   (Followers: 18)
Aboriginal Child at School     Full-text available via subscription   (Followers: 7)
About Performance     Full-text available via subscription   (Followers: 13)
Access     Full-text available via subscription   (Followers: 29)
ACCESS: Critical Perspectives on Communication, Cultural & Policy Studies     Full-text available via subscription   (Followers: 16)
Accounting, Accountability & Performance     Full-text available via subscription   (Followers: 18)
ACORN : The J. of Perioperative Nursing in Australia     Full-text available via subscription   (Followers: 19, SJR: 0.198, CiteScore: 0)
Adelaide Law Review     Full-text available via subscription   (Followers: 26, SJR: 0.122, CiteScore: 0)
Advocate: Newsletter of the National Tertiary Education Union     Full-text available via subscription   (Followers: 1)
Agenda: A J. of Policy Analysis and Reform     Full-text available via subscription   (Followers: 2)
Agora     Full-text available via subscription   (Followers: 6)
Agricultural Commodities     Full-text available via subscription   (SJR: 0.123, CiteScore: 0)
Agricultural Science     Full-text available via subscription   (Followers: 2)
AIMA Bulletin     Full-text available via subscription   (Followers: 4)
AJP : The Australian J. of Pharmacy     Full-text available via subscription   (Followers: 17, SJR: 0.142, CiteScore: 0)
Analysis     Full-text available via subscription   (Followers: 4)
Ancient History : Resources for Teachers     Full-text available via subscription   (Followers: 10)
Anglican Historical Society J.     Full-text available via subscription   (Followers: 4)
Annals of the Royal Australasian College of Dental Surgeons     Full-text available via subscription   (Followers: 5)
ANZSLA Commentator, The     Full-text available via subscription   (Followers: 4)
Appita J.: J. of the Technical Association of the Australian and New Zealand Pulp and Paper Industry     Full-text available via subscription   (Followers: 16, SJR: 0.168, CiteScore: 0)
AQ - Australian Quarterly     Full-text available via subscription  
Arena J.     Full-text available via subscription  
Around the Globe     Full-text available via subscription   (Followers: 1)
Art + Law     Full-text available via subscription   (Followers: 12)
Art Monthly Australia     Full-text available via subscription   (Followers: 12)
Artefact : the journal of the Archaeological and Anthropological Society of Victoria     Full-text available via subscription   (Followers: 3)
Artlink     Full-text available via subscription   (Followers: 6)
Asia Pacific J. of Clinical Nutrition     Full-text available via subscription   (Followers: 13, SJR: 0.697, CiteScore: 2)
Asia Pacific J. of Health Management     Full-text available via subscription   (Followers: 4)
Aurora J.     Full-text available via subscription  
Australasian Biotechnology     Full-text available via subscription   (Followers: 1, SJR: 0.1, CiteScore: 0)
Australasian Catholic Record, The     Full-text available via subscription   (Followers: 6)
Australasian Drama Studies     Full-text available via subscription   (Followers: 2)
Australasian Epidemiologist     Full-text available via subscription  
Australasian Historical Archaeology     Full-text available via subscription   (Followers: 7, SJR: 0.212, CiteScore: 0)
Australasian J. of Early Childhood     Full-text available via subscription   (Followers: 7, SJR: 0.535, CiteScore: 1)
Australasian J. of Gifted Education     Full-text available via subscription   (Followers: 7, SJR: 0.123, CiteScore: 0)
Australasian J. of Human Security     Full-text available via subscription   (Followers: 1, SJR: 0.144, CiteScore: 0)
Australasian J. of Irish Studies, The     Full-text available via subscription   (Followers: 9)
Australasian J. of Regional Studies, The     Full-text available via subscription   (Followers: 1, SJR: 0.118, CiteScore: 0)
Australasian Law Management J.     Full-text available via subscription   (Followers: 7)
Australasian Leisure Management     Full-text available via subscription   (Followers: 3)
Australasian Musculoskeletal Medicine     Full-text available via subscription   (Followers: 4)
Australasian Music Research     Full-text available via subscription   (Followers: 5)
Australasian Parks and Leisure     Full-text available via subscription   (Followers: 2)
Australasian Plant Conservation: J. of the Australian Network for Plant Conservation     Full-text available via subscription   (Followers: 4)
Australasian Policing     Full-text available via subscription   (Followers: 6)
Australasian Public Libraries and Information Services     Full-text available via subscription   (Followers: 34)
Australasian Review of African Studies, The     Full-text available via subscription   (Followers: 2)
Australian Aboriginal Studies     Full-text available via subscription   (Followers: 9, SJR: 0.13, CiteScore: 0)
Australian Advanced Aesthetics     Full-text available via subscription   (Followers: 4)
Australian Ageing Agenda     Full-text available via subscription   (Followers: 7)
Australian and Aotearoa New Zealand Psychodrama Association J.     Full-text available via subscription   (Followers: 2)
Australian and New Zealand Continence J.     Full-text available via subscription   (Followers: 4)
Australian and New Zealand Sports Law J.     Full-text available via subscription   (Followers: 10)
Australian Art Education     Full-text available via subscription   (Followers: 8)
Australian Bookseller & Publisher     Full-text available via subscription   (Followers: 1)
Australian Bulletin of Labour     Full-text available via subscription   (Followers: 2)
Australian Canegrower     Full-text available via subscription   (Followers: 2)
Australian Coeliac     Full-text available via subscription   (Followers: 2)
Australian Cottongrower, The     Full-text available via subscription   (Followers: 1)
Australian Family Physician     Full-text available via subscription   (Followers: 3, SJR: 0.317, CiteScore: 1)
Australian Field Ornithology     Full-text available via subscription   (Followers: 4, SJR: 0.209, CiteScore: 0)
Australian Forest Grower     Full-text available via subscription   (Followers: 4)
Australian Grain     Full-text available via subscription   (Followers: 2)
Australian Holstein J.     Full-text available via subscription   (Followers: 1)
Australian Humanist, The     Full-text available via subscription   (Followers: 4)
Australian Indigenous Law Review     Full-text available via subscription   (Followers: 23)
Australian Intl. Law J.     Full-text available via subscription   (Followers: 23)
Australian J. of Acupuncture and Chinese Medicine     Full-text available via subscription   (Followers: 4, SJR: 0.116, CiteScore: 0)
Australian J. of Adult Learning     Full-text available via subscription   (Followers: 15, SJR: 0.297, CiteScore: 0)
Australian J. of Advanced Nursing     Full-text available via subscription   (Followers: 16, SJR: 0.299, CiteScore: 1)
Australian J. of Asian Law     Full-text available via subscription   (Followers: 4)
Australian J. of Cancer Nursing     Full-text available via subscription   (Followers: 10)
Australian J. of Dyslexia and Learning Difficulties     Full-text available via subscription   (Followers: 8, SJR: 0.1, CiteScore: 0)
Australian J. of Emergency Management     Full-text available via subscription   (Followers: 29, SJR: 0.354, CiteScore: 0)
Australian J. of French Studies     Full-text available via subscription   (Followers: 8, SJR: 0.123, CiteScore: 0)
Australian J. of Herbal Medicine     Full-text available via subscription   (Followers: 5)
Australian J. of Language and Literacy, The     Full-text available via subscription   (Followers: 5, SJR: 0.282, CiteScore: 1)
Australian J. of Legal History     Full-text available via subscription   (Followers: 16)
Australian J. of Medical Science     Full-text available via subscription   (Followers: 2)
Australian J. of Music Education     Full-text available via subscription   (Followers: 6)
Australian J. of Music Therapy     Full-text available via subscription   (Followers: 10, SJR: 0.549, CiteScore: 1)
Australian J. of Parapsychology     Full-text available via subscription   (Followers: 2, SJR: 0.511, CiteScore: 0)
Australian J. on Volunteering     Full-text available via subscription   (Followers: 2)
Australian J.ism Review     Full-text available via subscription   (Followers: 8)
Australian Life Scientist     Full-text available via subscription   (Followers: 2)
Australian Literary Studies     Full-text available via subscription   (Followers: 7)
Australian Mathematics Teacher, The     Full-text available via subscription   (Followers: 7)
Australian Nursing J. : ANJ     Full-text available via subscription   (Followers: 6)
Australian Orthoptic J.     Full-text available via subscription  
Australian Primary Mathematics Classroom     Full-text available via subscription   (Followers: 5)
Australian Screen Education Online     Full-text available via subscription   (Followers: 3)
Australian Senior Mathematics J.     Full-text available via subscription   (Followers: 2)
Australian Sugarcane     Full-text available via subscription  
Australian TAFE Teacher     Full-text available via subscription   (Followers: 4)
Australian Tax Forum     Full-text available via subscription   (Followers: 3)
Australian Universities' Review, The     Full-text available via subscription   (Followers: 4)
Australian Voice     Full-text available via subscription   (Followers: 6)
Bar News: The J. of the NSW Bar Association     Full-text available via subscription   (Followers: 8)
Bioethics Research Notes     Full-text available via subscription   (Followers: 15)
BOCSAR NSW Alcohol Studies Bulletins     Full-text available via subscription   (Followers: 4)
Bookseller + Publisher Magazine     Full-text available via subscription   (Followers: 5)
Breastfeeding Review     Full-text available via subscription   (Followers: 21, SJR: 0.183, CiteScore: 0)
British Review of New Zealand Studies     Full-text available via subscription   (Followers: 4)
Brolga: An Australian J. about Dance     Full-text available via subscription   (Followers: 3)
Cancer Forum     Full-text available via subscription   (SJR: 0.115, CiteScore: 0)
Cardiovascular Medicine in General Practice     Full-text available via subscription   (Followers: 7)
Chain Reaction     Full-text available via subscription  
Childrenz Issues: J. of the Children's Issues Centre     Full-text available via subscription  
Chiropractic J. of Australia     Full-text available via subscription   (SJR: 0.111, CiteScore: 0)
Chisholm Health Ethics Bulletin     Full-text available via subscription   (Followers: 1)
Church Heritage     Full-text available via subscription   (Followers: 5)
Commercial Law Quarterly: The J. of the Commercial Law Association of Australia     Full-text available via subscription   (Followers: 5)
Communicable Diseases Intelligence Quarterly Report     Full-text available via subscription   (Followers: 2, SJR: 0.563, CiteScore: 1)
Communication, Politics & Culture     Open Access   (Followers: 14)
Communities, Children and Families Australia     Full-text available via subscription   (Followers: 4)
Connect     Full-text available via subscription   (Followers: 2)
Contemporary PNG Studies     Full-text available via subscription  
Context: J. of Music Research     Full-text available via subscription   (Followers: 9)
Corporate Governance Law Review, The     Full-text available via subscription   (Followers: 8)
Creative Approaches to Research     Full-text available via subscription   (Followers: 14)
Critical Care and Resuscitation     Full-text available via subscription   (Followers: 26, SJR: 1.032, CiteScore: 1)
Cultural Studies Review     Full-text available via subscription   (Followers: 16)
Culture Scope     Full-text available via subscription   (Followers: 4)
Dance Forum     Full-text available via subscription   (Followers: 6)
DANZ Quarterly: New Zealand Dance     Full-text available via subscription   (Followers: 4)
Day Surgery Australia     Full-text available via subscription   (Followers: 2)
Deakin Law Review     Full-text available via subscription   (Followers: 15)
Developing Practice : The Child, Youth and Family Work J.     Full-text available via subscription   (Followers: 21)
Early Days: J. of the Royal Western Australian Historical Society     Full-text available via subscription  
Early Education     Full-text available via subscription   (Followers: 11)
EarthSong J.: Perspectives in Ecology, Spirituality and Education     Full-text available via subscription   (Followers: 1)
East Asian Archives of Psychiatry     Full-text available via subscription   (Followers: 3, SJR: 0.36, CiteScore: 1)
Educare News: The National Newspaper for All Non-government Schools     Full-text available via subscription  
Educating Young Children: Learning and Teaching in the Early Childhood Years     Full-text available via subscription   (Followers: 19)
Education in Rural Australia     Full-text available via subscription   (Followers: 3)
Education, Research and Perspectives     Full-text available via subscription   (Followers: 14)
Educational Research J.     Full-text available via subscription   (Followers: 18)
Electronic J. of Radical Organisation Theory     Full-text available via subscription   (Followers: 3)
Employment Relations Record     Full-text available via subscription   (Followers: 3)
English in Aotearoa     Full-text available via subscription   (Followers: 2)
English in Australia     Full-text available via subscription   (Followers: 2, SJR: 0.18, CiteScore: 0)
Essays in French Literature and Culture     Full-text available via subscription   (Followers: 9)
Ethos: Official Publication of the Law Society of the Australian Capital Territory     Full-text available via subscription   (Followers: 5)
Eureka Street     Full-text available via subscription   (Followers: 5)
Extempore     Full-text available via subscription  
Family Matters     Full-text available via subscription   (Followers: 10, SJR: 0.228, CiteScore: 1)
Fijian Studies: A J. of Contemporary Fiji     Full-text available via subscription   (Followers: 1)
Focus on Health Professional Education : A Multi-disciplinary J.     Full-text available via subscription   (Followers: 7)
Food New Zealand     Full-text available via subscription   (Followers: 4)
Fourth World J.     Full-text available via subscription   (Followers: 1)
Frontline     Full-text available via subscription   (Followers: 18)
Future Times     Full-text available via subscription   (Followers: 2)
Gambling Research: J. of the National Association for Gambling Studies (Australia)     Full-text available via subscription   (Followers: 5)
Gay and Lesbian Law J.     Full-text available via subscription   (Followers: 2)
Gender Impact Assessment     Full-text available via subscription   (Followers: 3)
Geographical Education     Full-text available via subscription   (Followers: 2)
Geriatric Medicine in General Practice     Full-text available via subscription   (Followers: 8)
Gestalt J. of Australia and New Zealand     Full-text available via subscription   (Followers: 2, SJR: 0.1, CiteScore: 0)
Globe, The     Full-text available via subscription   (Followers: 4)
Government News     Full-text available via subscription   (Followers: 2)
Great Circle: J. of the Australian Association for Maritime History, The     Full-text available via subscription   (Followers: 7)
Grief Matters : The Australian J. of Grief and Bereavement     Full-text available via subscription   (Followers: 13)
He Puna Korero: J. of Maori and Pacific Development     Full-text available via subscription   (Followers: 3)
Headmark     Full-text available via subscription   (Followers: 2)
Health Inform     Full-text available via subscription  
Health Issues     Full-text available via subscription   (Followers: 2)
Health Promotion J. of Australia : Official J. of Australian Association of Health Promotion Professionals     Full-text available via subscription   (Followers: 8, SJR: 0.531, CiteScore: 1)
Health Voices     Full-text available via subscription  
Heritage Matters : The Magazine for New Zealanders Restoring, Preserving and Enjoying Our Heritage     Full-text available via subscription   (Followers: 2)
High Court Quarterly Review, The     Full-text available via subscription   (Followers: 3)
HIV Australia     Full-text available via subscription   (Followers: 3)
HLA News     Full-text available via subscription   (Followers: 3, SJR: 0.438, CiteScore: 1)
Hong Kong J. of Emergency Medicine     Full-text available via subscription   (Followers: 5, SJR: 0.19, CiteScore: 0)
Idiom     Full-text available via subscription   (Followers: 1)
Impact     Full-text available via subscription   (Followers: 2)
InCite     Full-text available via subscription   (Followers: 18)
Indigenous Law Bulletin     Full-text available via subscription   (Followers: 22)
InPsych : The Bulletin of the Australian Psychological Society Ltd     Full-text available via subscription   (Followers: 2)
Inside Film: If     Full-text available via subscription   (Followers: 6)
Institute of Public Affairs Review: A Quarterly Review of Politics and Public Affairs, The     Full-text available via subscription   (Followers: 12)
Instyle     Full-text available via subscription   (SJR: 0.116, CiteScore: 0)
Intellectual Disability Australasia     Full-text available via subscription   (Followers: 12)
Interaction     Full-text available via subscription   (Followers: 4)
Intl. Employment Relations Review     Full-text available via subscription   (Followers: 3)
Intl. J. of Disability Management Research     Full-text available via subscription   (Followers: 3)
Intl. J. of e-Business Management     Full-text available via subscription  
Intl. J. of Employment Studies     Full-text available via subscription   (Followers: 9)
Intl. J. of Home Economics     Full-text available via subscription   (Followers: 2)
Intl. J. of Narrative Therapy & Community Work     Full-text available via subscription   (Followers: 8)
Intl. J. of Punishment and Sentencing, The     Full-text available via subscription   (Followers: 10)
Irrigation Australia: The Official J. of Irrigation Australia     Full-text available via subscription   (Followers: 3)
ISAA Review     Full-text available via subscription   (Followers: 1)
J. (Australian Native Plants Society. Canberra Region)     Full-text available via subscription   (Followers: 1)
J. of Applied Law and Policy     Full-text available via subscription   (Followers: 3)
J. of Australian Colonial History     Full-text available via subscription   (Followers: 8)
J. of Australian Naval History, The     Full-text available via subscription   (Followers: 3)

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Similar Journals
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Deakin Law Review
Number of Followers: 15  
 
  Full-text available via subscription Subscription journal
ISSN (Print) 1321-3660
Published by RMIT Publishing Homepage  [387 journals]
  • Volume 22 Future property and the Torrens system
    • Abstract: Anderson, Glen
      Since at least the seventeenth century, courts of equity have upheld the assignment of future property for valuable consideration. Despite this long lineage, however, there has been almost no scholarly analysis of how these principles might interact with the Torrens system. The present article addresses this deficiency. Generally, it argues that there are no reasons why principles of future property cannot be fully subsumed within the Torrens system.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 22 The social construction of human rights legislation:
           Interpreting Victoria's statutes through their limitations
    • Abstract: Solomon, Russell
      Interpreting human rights statutes through their objectives encourages their description as empowering instruments with their hortatory language emphasising the potential of each instrument to protect and promote rights. This article examines Victoria's Equal Opportunity Act 2010 (Vic) and Charter of Rights and Responsibilities Act 2006 (Vic) through a different lens and argues that a focus on their limitations and derogations offers a better understanding of the nature and extent of the human rights protection that each purports to provide.

      These limitations are no mere peripheral encumbrances and help shape the rights protecting functions of each statute. This article adopts a social constructivist approach to explain how, as socially constructed instruments, the operation of the limitations reveals an ambivalent role for each statute. The design and functionality of each statute, with their self-limiting provisions, means that each acts to sustain as well as challenge the existing power relationships and social arrangements.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 22 A contemporary analysis he application of sentencing factors in
           insider trading cases
    • Abstract: Wang, Jasmine Qiuyue
      Insider trading is a complex issue that involves both corporate and criminal law. Since the introduction of civil penalties, the Australian Securities and Investments Commission (ASIC) has only pursued one civil proceeding against insider trading. ASIC prefers criminal proceedings for their deterrent effects. This paper examines various features of Australian convicted insider trading cases from 2004 to the end of 2015 and provides a broad overview of the distribution of these cases. Further, this paper assesses the consistent application of sentencing factors and the determination of criminalities of different kinds of insider trading activities. Finally, this paper proposes renaming current insider trading laws to 'dealing with privileged information'.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 22 Gender diversity as the antidote to 'groupthink' on corporate
           boards
    • Abstract: Kamalnath, Akshaya
      Gender diversity on corporate boards has become a point of emphasis, to the exclusion of all other forms of diversity. This paper analyses whether board gender diversity might help boards overcome groupthink (i.e. the failure of board members to consider alternatives to the dominant view when making decisions). This is a significant question because the board is reponsible for governance of the company and groupthink is often cited as a hurdle to effectively performing this role. Thus, the paper first examines the role of the board, board decision-making processes and the problem of groupthink, and subsequently, the potential of gender diversity to overcome groupthink. It concludes that gender diversity on corporate boards might help overcome groupthink so long as the women directors are also independent and bear 'outsider' status. However, other forms of diversity like race, education, tenure, professional background etcetera might offer the same benefits and thus should not be overlooked.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 22 Kickstarting reconnection: An approach to legal problems arising
           from emerging technologies
    • Abstract: Manwaring, Kayleen
      A new model, or 'third wave', of computing is emerging, based on the widespread use of processors with data handling and communications capabilities embedded in a variety of objects and environments that were not previously computerised. Various terms have been used to describe this third wave, including 'ubiquitous' and 'pervasive' computing, 'ambient intelligence', the 'Internet of Things' and 'eObjects'. With the socio-technical change brought about by this third wave comes the possibility of a disconnection between the law and the new things, activities, and relationships enabled by this new model of computing. This disconnection may lead to legal problems of uncertainty, under- or over-inclusiveness of conduct in existing law, obsolescence, or the complete absence of laws regulating new behaviour. Early and rigorous identification and categorisation of legal problems is crucial for emerging technologies, to assist in avoiding two problems: the first being the stifling of beneficial innovation by over-regulation, the second the cementing of socially undesirable outcomes when vested interests are left too long unchecked. Although the technologies in the third wave are diverse, common attributes can be identified, and from examination of these attributes significant innovations are revealed. This paper examines these innovations to assist in identifying legal problems arising from the third wave.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 22 China's financial regulations: Are other WTO members' concerns
           realistic or overcritical'
    • Abstract: Tao, Christina
      Since China's WTO accession it has been involved in four WTO disputes relating to financial services as the respondent, while other WTO Members remain concerned that China continues to limit access to foreign financial services and service suppliers. As other WTO Members' concerns could be either realistic or overcritical, this paper aims to explore whether there are any further inconsistencies in China's GATS obligations and financial regualtions. After reviewing all WTO Members' concerns on China's financial services, this paper examines the consistency of four frequently and constantly raised issues with the GATS agreement and China's WTO obligations. As a result, this paper finds that two regulations are inconsistent with Article XVI and Article XVII of the GATS: the 20 per cent cap on shareholding in a Chinese-funded bank by a single foreign financial institution, and the 1 million RMB minimum for foreign banks' local currency business. Further, China still has not complied with its transparency obligations under the Accession Protocol and Working Party Report. These findings are significant for the Chinese government as well as other WTO Members who already have or want to have close trade relations with China in financial services.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 21 Issue 1 - 'To be, or not to be, a charity'' That is the
           question for prescribed bodies corporate under the Native Title Act
    • Abstract: Martin, Fiona
      This article evaluates the taxation concessions and other advantages that flow from being a charity and how these might apply to native title groups under the Native Title Act 1993 (Cth). Specifically, it examines the role of the Prescribed Body Corporate ('PBC') under the Native Title Act and the potential for, and limitations of, these bodies carrying on business, engaging in community development and accumulating funds whilst also having charitable status. The article examines the financial size and geographical status of current PBCs that have been identified as not being charities and analyses the potential benefits for these organisations if they become charities. It concludes with an evaluation of the disadvantages and disadvantages that charitable status would bring to these PBCs.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 21 Issue 1 - The Australian indigenous business exemption as a
           'special measure': Questions of effectiveness
    • Abstract: Storey, Matthew
      This article considers the issue of the requirements of establishing the Australian Commonwealth government's Indigenous preferential procurement program, the 'indigenous business exemption' as a special measure under Article 1.4 of the International Convention on the Elimination of All Forms of Racial Discrimination. It does this by, considering jurisprudence regarding special measures and other affirmative action programs from Australia and other jurisdictions, concluding that it is necessary to establish some evidential base to justify the establishment (in Australian law) and ongoing operation of such measures (in international law). The article then examines the effectiveness of procurement policies aimed at achieving secondary social objectives in addition to the primary procurement of government goods and services.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 21 Issue 1 - Moral rights: Exploring the myths, meanings and
           misunderstandings in Australian Copyright Law
    • Abstract: Cantatore, Francina; Johnston, Jane
      This article examines how moral rights are treated in Australian publishing contracts, and whether this approach is consistent with the expectations of authors, journalists and academics. Although, in theory, moral rights cannot be sold or assigned in Australia, the apparent wide scope for exceptions raises questions of whether there is any real protection afforded to creators under the Copyright Act 1968 (Cth), notably in circumstances that relate to pressure on creators to accept contractual terms in order to get published. Additionally, Australian case law reflects some uncertainty about the traditionally accepted non-economic nature of moral rights. The article examines recent case law in this field, found in Meskenas, Perez and Corby, and considers the literature associated with development of moral rights in Australia. It then presents the findings of a two-part study of moral rights in Australia; first through the results of interviews with 176 Australian authors, journalists and academics, followed by an analysis of 20 publishing contracts. It concludes that - in some, but not all, instances - a combination of the exceptions allowed under the Act and practical exigencies have diluted the unique character of authors' moral rights and have created an environment of uncertainty.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 21 Issue 1 - Contamination of food and drinks: Product liability in
           Australia
    • Abstract: Rajapakse, Pelma Jacinth
      This article examines the Australian law determining liability of manufacturers and retailers for injury or death allegedly caused by food and drink products which were spoiled, contaminated, or otherwise in a deleterious condition. Product liability and the issue of negligence associated with consumption of foods or drinks deemed as contaminated form the key points of discussion in this article. The liability of manufacturers, processors, wholesalers and retailers are explored with reference to elements of negligence, breach of express or implied warranty, misrepresentation, and strict liability in tort. Australian case law as it pertains to duty of care, breach, causation, and damage has been established and there are consumer protection and product safety laws at both state and federal levels that provide for those affected by contamination/harmful condition of food and drink products. This article explores examples of negligence as the basis of manufacturer's, processor's and retailer's liability in tort (common law and Civil Liability Act 2003 (Qld)) as well as liability under the federal and state legislation such as the Competition and Consumer Act 2010 (Cth), the Food Act 2006 (Qld) and the Australia New Zealand Food Standards Code). The various defences of contributory negligence of consumers, and obvious risk of injury suffered, as well as those established by manufacturers/retailers in the relevant proceedings are used to show the complexity of this issue. The article concludes with recommendations for consumers and businesses to avoid the risk of food contamination and to maintain food safety.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 20 Issue 1 - Gender quotas on boards - is it time for Australia to
           lean in'
    • Abstract: Spender, Peta
      This article examines whether Australia should introduce a gender quota on ASX 200 boards. Although existing institutional arrangements favour voluntary initiatives, Australia may be at a critical juncture where two factors - the public, pragmatic nature of the statutory regulation of corporations in Australia and the current salience of gender as a political issue - may favour the introduction of a quota. In particular, Australian policy-makers may be amenable to change by observing initiatives from other jurisdictions. It is argued that we should maintain a healthy scepticism about functionalist arguments such as the business case for women on boards. Rather, we should invoke enduring justifications such as equality, parity and democratic legitimacy to support a quota. The optimal design of an Australian gender board quota will be also be explored.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 20 Issue 1 - Board diversity: More than a gender issue'
    • Abstract: Adams, Michael
      There has been extensive research conducted on the importance of corporate governance around the world. The research seems to demonstrate that, regardless of whether corporations are based in common law or civil code systems, their longevity and sustainability arise from good corporate governance. However, the evidence does not clearly demonstrate a correlation between a particular organisation's governance structure and practices and its share price. Around the world the question of board diversity is gaining in importance. The beginning of the debate in the 1960s centred on gender. While it is essential to conduct a debate on gender diversity, other aspects of diversity should also be considered. Race, culture and even age may have a direct impact on the performance of a board. Australian companies, particularly those listed on the ASX, have a poor record of instituting any type of diversity. The USA and European Union have a much wider range of policies to promote diversity on corporate boards. The key question is how best to regulate to promote diversity across gender, race, culture and age. The historical approach of regulating diversity by setting targets and requiring disclosure does not seem to have delivered substantial change. Is it the right time to impose mandatory requirements, or are there other alternative strategies' Without doubt change is required, but there will be opposition.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 20 Issue 1 - Addressing gender quotas in South Africa: Women
           empowerment and gender equality legislation
    • Abstract: Hills, Janine
      A significant development in the area of gender quota legislation is driven by South Africa's latest National Policy Framework for Women Empowerment and Gender Equality (WEGE) legislation. This legislation expands on the values and principles that need to be integrated into policies, practices and programs of the private sector and government to ensure gender equality and quotas. The legislation strives for 50 per cent female representation on the executive bodies of all organisations. Another unique feature of diversity in South Africa is achieved through the Black Economic Empowerment (BEE) Program. South Africa's BEE Scorecard Policies and Empowerment Strategies are unique, affecting quota decisions and behaviour.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 20 Issue 1 - The case for and against mandatory gender quota
           legislation for company boards
    • Abstract: du Plessis, Jean
      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 20 Issue 1 - Gender diversity in the boardroom and its impacts: Is
           the example of norway a way forward'
    • Abstract: Sjafjell, Beate
      Norway is one of the most egalitarian countries in the world, with a high level of gender equality and a high percentage of women at work. Nevertheless, mandatory rules appeared necessary to bring about changes in the composition of corporate boards. This article describes the coup that made Norway the first country in the world to mandate gender diversity on corporate boards and outlines Norway's innovative legislative approach to this issue. The significance of gender diversity to corporate governance is discussed, drawing on empirical studies of the effect of diversity on the performance of companies. The article also discusses the potentially broader impact of gender diversity in the boardroom, including the pressing question of whether gender diversity in the boardroom can help companies create sustainable value within the planetary boundaries.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 20 Issue 1 - Board gender quotas in Germany and the EU: An
           appropriate way of equalising the participation of women and men'
    • Abstract: Koch, Raphael
      The professional equalisation of men and women has become one of the most discussed topics in politics over the last years. As a solution to this problem many European countries have introduced regulations which ensure special quotas for women on the managing boards of companies. The main problem concerning such gender quotas is that the equalisation of men and women is primarily a sociopolitical objective which might result in a possible conflict with national and European constitutional law. Consequently, the current legal situation in Germany and the EU needs to be analysed critically. Therefore the different ways of incorporating gender quotas into the existing legal system must be compared with each other.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 20 Issue 1 - Gender quota in the boardroom: The Dutch approach
    • Abstract: Luckerath-Rovers, Mijntje
      Since 2013 the Dutch Civil Code has required a minimum of 30 per cent women (and men) on both the executive and the supervisory boards of companies. The law is based on the comply or explain principle: companies that have not reached the 30 per cent target on one or other of these Boards should explain in their annual report why the seats are not evenly distributed, how the company has tried to achieve a balanced distribution of the seats and how the company intends in future to realise a balanced distribution of the seats. Research among the 87 listed companies in the Netherlands shows that the average percentage of women on supervisory boards increased to 25 per cent in 2014, but that the percentage on executive boards increased only to 6 per cent. While the 30 per cent target should have been reached by January 2016, it seems only a matter of time before a quota with sanctions will be introduced in the Netherlands.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 20 Issue 2 - Bentham's theory of law and public opinion [Book
           Review]
    • Abstract: Renaud, Gilles
      Review(s) of: Bentham's theory of law and public opinion, Edited by Xiaobo Zhai and Michael Quinn, Cambridge University Press, New York, 2014, ISBN 9781107042254.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 20 Issue 2 - Well-known trade marks, foreign investment and local
           industry: A comparison of china and Indonesia
    • Abstract: Antons, Christoph; Wang, Kui Hua
      Strengthened protection for well-known trade marks in accordance with the TRIPS Agreement is an important issue for developing countries, which has led to trade pressures from industrialised nations in the past. 'Trade mark squatting', referring to the registration in bad faith of foreign well-known marks in order to sell them back to their original owners, is a much discussed phenomenon in this context. This article outlines the history and development of well-known trade marks and the applicable law in China and Indonesia. It looks not just at foreign and international brands subjected to 'trade mark squatting', but also at how local enterprises are using the system. Rather remarkably in view of the countries' turbulent histories, local well-known marks have a long history and are well respected for their range of products. They are not normally affected by the 'trade mark squatting' phenomenon and are rarely the subject of disputes. Enhanced protection under the TRIPS Agreement is especially relevant for international brands and the article shows the approaches in the two countries. In China, government incentives assist the proliferation of nationally well-known and locally 'famous' marks. In Indonesia, lack of implementing legislation has left the matter of recognition to the discretion of the courts.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 20 Issue 2 - Women in the boardroom: A reappraisal
    • Abstract: Carrigan, Frank
      The purpose of this article is to explore the economic logic of the market in relation to the gender composition of Australian boardrooms. It argues that the benefits that could flow from more women occupying senior positions in Australian corporations will not overcome the laws of the market and the inherent competitive pressures that determine the trajectory of corporations. Placing more women on corporate boards must be supported as a matter of equity. However, it is unlikely that such a democratisation of corporations will impact on the internal structures that foster the broader inequality that is the taproot of the system and constitutes the day to day relationships of business.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 20 Issue 2 - Responding to cyberbullying: The case for family
           conferencing
    • Abstract: Langos, Colette; Sarre, Rick
      Cyberbullying is a form of anti-social conduct which is best understood as an online social relationship problem. Because of our growing understanding of the phenomenon, we can now see that any socio-legal response should envisage, therefore, a relationship solution. This article considers how one diversionary criminal justice process is particularly well suited to responding to incidents of cyberbullying where juveniles are involved yet which are deemed to be sufficiently serious to attract a potential criminal penalty. It explores, specifically, the option of family conferences (facilitated by youth justice co-ordinators) within the South Australian youth court framework. It concludes that both young cyberbullies and young victims of cyberbullying may benefit from alternatives to a retributive justice process, given that the primary focus of family conferencing is the repair of harm and the restoration of relationships.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 20 Issue 2 - Taxation treatment of Islamic finance products in
           Australia
    • Abstract: Bhatti, Maria
      In October 2010, the Board of Taxation released a Discussion Paper titled Review of the Taxation Treatment of Islamic Finance. Since the release of this Discussion Paper, there has been no legislative reform in Australia to accommodate Islamic finance products. In the Discussion Paper, the Board reviews the taxation treatment of Islamic finance products, such as murabaḥa. Murabaḥa is known as 'cost plus profit financing' and involves the sale of a commodity by a financial intermediary to a purchaser at a cost plus mark-up profit rate. The Board argues that in order for a murabaḥa product to be treated equally to a conventional product for Australian taxation purposes, the profit mark-up component common to murabaḥa transactions must be treated as if it were interest. However, the Board does not consider the implications for Muslims if the murabaḥa profit mark-up is treated as interest. The objective of this article is to investigate the following two questions: can murabaḥa be viewed as Shariʿa-compliant by Muslims if mark-up is treated as if it were interest; and, if murabaḥa is viewed by Muslims as no longer Shariʿa-compliant, could this cause Australia to become less attractive for Muslim investors' This article will undertake a comparative analysis by examining the implications of treating murabaḥa mark-up as if it were interest from various Australian and UK perspectives. This article argues that before legislative amendments are introduced to cater for Islamic finance products, further research is needed on the Shariʿa-compliant nature of Islamic finance products such as murabaḥa.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 20 Issue 2 - The liability of providers of mental health services
           in negligence
    • Abstract: Gray, Anthony
      In Hunter and New England Local Health District v McKenna the High Court considered the question of the liability in tort of a mental health provider for the actions of someone whom it had briefly treated. After involuntarily detaining the individual under relevant legislation, the service released the individual into the care of a friend. The person released killed his friend. The High Court allowed an appeal against a finding of the New South Wales Court of Appeal that the mental health service provider had owed, and had breached, legal obligations to the family of the person killed, denying compensation to the family on the basis that the service provider did not owe family members a duty of care. It will be argued that the High Court was wrong to deny that a mental health service provider could owe, or did owe, a duty of care to victims of those to whom the service provider provided services. The Court reached its decision utilising reasoning contrary to that of other cases which have involved questions of the liability of public authorities. The decision travels the well-worn path of denying that a public authority owes a duty of care to the public that it serves by asserting the inconsistency of obligations more apparent than real. The decision shows judicial reluctance to hold public authorities to the legal standards expected of other service providers, a reluctance that must be challenged.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 19 Issue 1 - Achieving the aims of open justice': The
           relationship between the courts, the media and the public
    • Abstract: Rodrick, Sharon
      This article begins by outlining what the principle of open justice is intended to achieve. It then investigates the nature of the relationship that exists between the courts and the media, and between the media and the public, and suggests that these relationships are not always conducive to realising the aims of open justice. While the reporting role of the traditional news media will undoubtedly persist, at least for the foreseeable future, it is argued that, since courts now have the means to deliver to the public a fuller and truer picture of their work than the media can, they should seize the opportunity to do so.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 19 Issue 1 - Police misconduct as a breach of public trust: The
           offence of misconduct in public office
    • Abstract: Davids, Cindy; McMahon, Marilyn
      Until relatively recently, the common law offence of misconduct in public office has been regarded as anachronistic. The offence was perceived to have been supplanted by specific statutory offences that could more appropriately deal with criminal conduct by public officials. However, there has been a revival of the offence with successful prosecutions occurring in Australia, England and Hong Kong. Many of these contemporary cases have involved police officers. Examination of these cases reveals that the circumstances in which misconduct in public office has been identified have been diverse, including the unauthorised disclosure of confidential information, the use of false search warrants and the sexual exploitation of vulnerable persons. In many instances, police officers were charged with other criminal offences in addition to charges relating to misconduct in public office. The matters prosecuted as misconduct in public office typically involved matters that were serious and/or could not be adequately prosecuted as other criminal offences or as breaches of police regulations governing conduct. Consequently, despite the proliferation of statutory criminal offences in the 20th century it appears that there continues to be a place for the offence of misconduct in public office. It criminalises misconduct by police officers that may not be adequately dealt with by other offences and recognises the public trust dimension of wrongdoing by these officials. However, a continuing and fundamental challenge is to determine the appropriate definition and scope of the offence.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 19 Issue 1 - The constitutionality of Queensland's recent (legal)
           war on 'bikies'
    • Abstract: Gray, Anthony
      The Queensland government has responded to a perceived 'criminal problem' with motorcycle clubs by directly naming and declaring 26 motorcycle clubs. It supplements earlier legislation that provided for a court to make such an order, upon defined criteria. The effect of the declaration is that it becomes a criminal offence for participants in the declared organisation to associate. The legislation provides for minimum mandatory gaol terms for various offences, including the act of associating. This article argues that there are serious constitutional questions surrounding such legislation, including on the basis of Chapter III of the Constitution, and the extent to which a court's institutional integrity is compromised by legislation of this nature.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 19 Issue 1 - Multiple layers of gender diversity on corporate
           boards: To force or not to force'
    • Abstract: du Plessis, Jean; O'Sullivan, James; Rentschler, Ruth
      This article examines diversity on corporate boards, focusing on gender diversity and taking both contemporary and historical perspectives. Australia forms a particular focus of the article but, as far as mandatory quota legislation is concerned, other jurisdictions provide comparisons. The authors illustrate how Australian corporate board gender diversity is starting from a low base in contrast to some other types of boards. Arguments for and against more women on boards are analysed in order to provide a comprehensive examination of extant research. The article also examines briefly whether a business case can be made for board gender diversity within the wider framework of board diversity. The authors acknowledge that there are unanswered questions about the right gender balance on boards and whether, without mandatory quota legislation, a voluntary system can achieve best practice targets. They explore the notion of critical mass - the idea that, upon female board representation reaching approximately 15 per cent, efforts to further redress the imbalance may lose momentum. Their conclusion is that, in the Australian jurisdiction, progress is being made belatedly towards increasing gender diversity on corporate boards. However, substantial challenges are envisaged if significant progress is not made imminently to increase the number of women serving on corporate boards.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 19 Issue 1 - Australian medical liability 2nd edition [Book Review]
    • Abstract: Bhatia, Neera
      Review(s) of: Australian medical liability 2nd edition, by Bill Madden and Janine Mcilwraith, LexisNexis Butterworths, 2013, ISBN: 9780409333282 (pbk), ISBN: 9780409333299 (ebk).

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 19 Issue 1 - Contentious activism and Inter-Korean relations [Book
           Review]
    • Abstract: Bozzi, Claudio
      Review(s) of: Contentious activism and Inter-Korean relations, by Danielle L Chubb, Columbia University Press, 2014, ISBN 9780231161367

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 19 Issue 1 - Lawyers, families, and businesses: The shaping of a
           bay street law firm, faskens 1863-1963 [Book Review]
    • Abstract: Renaud, Gilles
      Review(s) of: Lawyers, families, and businesses: The shaping of a bay street law firm, faskens 1863-1963, by C Ian Kyer, Irwin Law (for the Osgoode Society for Canadian Legal History), 2013, Toronto.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 19 Issue 1 - Governance, representation and the 'monstrous
           regiment': Is the collective feminine'
    • Abstract: Morss, John
      Alternatives to the individualistic emphasis of liberal theory focus attention on collective dimensions of social life with implications for legal and political analysis of the state, of representation, and of international law. In this context, relationships between the individual - collective dichotomy and the dichotomy of gender demand attention because of the claimed affiliations of individualism with social understandings of masculinity.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 19 Issue 2 - International food standards and WTO law
    • Abstract: Maidana-Eletti, Mariela
      Standards are used in all realms of human activity in order to specify the characteristics of a product, or its manufacture. In the process, they fulfil a range of functions, such as lowering risks, increasing trust and facilitating predictability in a given market. Standards reduce information costs for market players, which in turn allows for a more efficient functioning of the market. For international trade in foodstuffs, harmonisation of the wide variety of food standards is essential in order to facilitate the global food-sourcing trend. As traditional market access barriers are dismantled, non-tariff measures offer a tool for the potential protection of domestic products, thus calling for effective forms of food governance. This article explores the legal implications of international standards under the TBT Agreement in the light of the WTO Appellate Body's case law. It further analyses the role played by international standard-setting organisations, such as the CAC and the ISO, in predicting the outcome of pending WTO disputes. Against this backdrop, this article also attempts to shed light on the current legal debate surrounding the use of private food standards within the SPS Committee.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 19 Issue 2 - Assessing loss dependent upon hypothetical past events
    • Abstract: Harder, Sirko
      The assessment of loss allegedly caused by a civil wrong depends upon what would have happened but for the wrong. Where this cannot be resolved with certainty, the plaintiff's loss must be assessed either on the balance of probabilities according to the more likely hypothesis (all or nothing), or by reference to the degree of probability that an event would have occurred but for the defendant's wrong (partial recovery). Australian courts have not subjected all uncertain events to a single approach. This article explores how the courts have approached the various categories of hypothetical past events, and how the plaintiff's loss will be assessed where multiple events of different types are inextricably interwoven.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 19 Issue 2 - Common sense or unnecessary complexity': The
           recent change to the right to silence in New South Wales
    • Abstract: Cameron, Ashley
      The New South Wales government has now enacted section 89A of the Evidence Act 1995 (NSW), which will significantly amend the right to silence. The new provision allows courts in certain circumstances to draw unfavourable inferences from evidence of silence in criminal proceedings. Parliament has justified the legislation as a 'common sense' approach, intended to prevent offenders hiding behind a wall of silence. However the benefits of the legislation are expected to be minimal at best. Although critics have already put forward weighty theoretical arguments opposing the enactment of the new provision, how it will operate in New South Wales courts remains to be seen. This article will undertake a detailed comparative analysis, examining the operation of similar legislation in the United Kingdom to determine how section 89A might be interpreted and applied in New South Wales. This analysis suggests that the need for extensive and complicated jury directions, the problems in determining whether the provision is to be invoked at all, and the complex test used in deciding whether it was reasonable for the accused to remain silent, will create significant difficulties in the application of section 89A. It is contended that the number and seriousness of these difficulties, coupled with the only limited benefit (if any) to be derived from the section, justify the close monitoring of section 89A and its review at an appropriate time.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 19 Issue 2 - International labour law standards concerning
           collective bargaining in public essential services
    • Abstract: Carabetta, Giuseppe
      Labour standards adopted under the auspices of the ILO constitute the principal international influences on public sector collective bargaining; it is those standards that are the subject of this article. Focusing on the position of essential public sector employees, ILO principles concerning collective bargaining, dispute settlement and the right of workers to withdraw their services as part of bargaining are examined. Particular attention is devoted to the application of ILO standards to essential public sector employees and police officers; and the extent to which Australian law complies with these standards. The ILO supervisory bodies have acknowledged that restrictions on the general right of workers to collectively bargain and to strike can be justified in the case of essential public employees, but only on a minimal or proportional analysis. The ILO has also emphasised that any restrictions on the right to strike must be compensated by adequate, impartial and speedy conciliation and arbitration processes. It is shown, however, that with respect to essential public employees and police officers operating under the Fair Work Act 2009 (Cth), Australian law falls short on both of these scores, with a resultant uncertainty regarding the right of these workers to bargain collectively.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 19 Issue 2 - Making the fun stop: Youth justice reform in
           Queensland
    • Abstract: Hutchinson, Terry
      In 2013 the newly elected conservative Liberal National Party government instigated amendments to the Youth Justice Act 1992 (Qld). Boot camps replaced court ordered youth justice conferencing. In 2014 there were more drastic changes, including opening the Children's Court proceedings to the public, permitting publication of identifying information of repeat offenders, removing the principle of 'detention as a last resort', facilitating prompt transferral of 17 year olds to adult prisons and instigating new bail offences and mandatory boot camp orders for recidivist motor vehicle offenders in Townsville. This article compares these amendments to the legislative frameworks in other jurisdictions and current social research. It argues that these amendments are out of step with national and international best practice benchmarks for youth justice. Early indications are that Indigenous children are now experiencing increased rates of unsentenced remand. The article argues that the government's policy initiatives are resulting in negative outcomes and that early and extensive evaluations of these changes are essential.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 19 Issue 2 - Why good lawyers matter; Legal Aid Lawyers and the
           Quest for Justice [Book Review]
    • Abstract: Renaud, Gilles
      Review(s) of: Why good lawyers matter, edited BY D L Blaikie, T A Cromwell and D Pink, Irwin Law, Toronto, 2012, ISBN: 1552212238, 9781552212233; Legal Aid Lawyers and the Quest for Justice, by Daniel Newman, Hart Publishing, Oxford, 2013, ISBN: 1849464332, 9781849464338.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 19 Issue 2 - The complete (but unofficial) guide to the Willem C
           
    • Abstract: Hayward, Benjamin
      Review(s) of: The complete (but unofficial) guide to the Willem C Vis international commercial arbitration moot - 2nd edition, by Jorg Risse (ed) with Markus Altenkirch, Ragnar Harbst, Annette Keilmann and Lisa Reiser, C H Beck, Hart and Nomos, 2014, ISBN 978-3-406-66655-1.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 19 Issue 2 - Family provision, the family farm and rural
           patriarchy: Three actors in search of a play'
    • Abstract: Voyce, Malcolm
      This article describes how rural claimants have had their claims dealt with under family provision legislation. This legislation provides that, where a testator does not provide adequate provision for the proper maintenance and support of certain dependants, the court in its discretion may make further provision out of the estate. As regards this legislation, this article concentrates on the expectations of farming sons who have worked on farms and who may expect to receive a major share of a family property. Their claim is compared against the claims of daughters and widows. The article contends that family provision legislation, which in many cases works to the advantage of farming sons, reflects forms of patriarchy which overlap with and incorporate rural ideas of labour and the place of women on farms.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 18 Issue 1 - A second chance for justice: The prosecutions of Gabe
           Watson for the death of Tina Thomas [Book Review]
    • Abstract: Flynn, Asher; Fitz-Gibbon, Kate
      Review(s) of: A second chance for justice: The prosecutions of Gabe Watson for the death of Tina Thomas, by Asher Flynn and Kate Fitz-Gibbon, Cambridge Scholars Publishing, 2013, ISBN 10: 1-4438-4202-8 ISBN 13: 978-1-4438-4202-0.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 18 Issue 1 - Insights for legal reasoning from studies of literary
           adaptation and intertextuality
    • Abstract: Raitt, George
      Legal theorists advance conflicting theories to explain judicial reasoning, for example, that judges' decisions are constrained but not determined by legal materials, that judges do not apply legal principles but make value judgments, and that they make pragmatic judgments based on an assessment of the consequences of their decisions. Like cases should be decided alike, but theorists disagree on the role of analogy in legal reasoning and how one determines which similarities and differences are relevant. Judicial decisions revise and adapt previously decided cases. The concept of fidelity to precedent in legal reasoning can be illuminated by recent research into fidelity to source in adaptation studies. Research into literary adaptations shows that similarity and difference are not mutually exclusive and that an analysis of differences may undermine determinations of relevant similarity. By reading decided cases as intertextually situated adaptations, underlying views of the world that might not otherwise be evident in judicial reasoning can be interrogated.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 18 Issue 1 - 'Responsibility' to provide: Family provision claims
           in Victoria
    • Abstract: Renwick, Samantha
      Family provision legislation was introduced in Victoria in 1906 to allow the court to order provision from the estate of a deceased person whose will did not make adequate provision for the proper maintenance and support of a person for whom the deceased had a moral duty to provide. The first version of the legislation allowed only widows and children to claim; it underwent little reform until 1997 when a major amendment to the Administration and Probate Act 1958 (Vic) removed the statutory list of eligible applicants, and replaced it with the jurisdictional question, 'Did the deceased have a responsibility to provide'' This in theory means that 'anyone' can make a claim, including those without a close family relationship with the deceased. This article examines a selection of judgments handed down under the new provisions, with the aim of showing the range of applicants who are now eligible to apply and examining the particular features of their relationship with the deceased that determined the success of their claims. This is in light of the current Victorian Law Reform Commission Inquiry into Succession Law that questions whether eligibility should be limited to certain types of relationship, and whether costs should continue to be paid out of the estate.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 18 Issue 1 - 'For the union makes us ... rich'': Preventing
           trade union corruption in law after the health services union saga
    • Abstract: Silver, Joel
      While uncommon, corruption amongst Australian trade union officials is nevertheless well documented and notorious. How the law responds to corruption has become the subject of renewed debate, due to allegations against several former officials of the Health Services Union, in particular Craig Thomson and Michael Williamson. This article argues in favour of revising the provisions describing officials' duties in the federal Fair Work (Registered Organisations) Act 2009 (Cth) - the law which regulates trade unions - to more closely resemble their sister provisions in the Corporations Act 2001 (Cth). It contends that corrupt officials are best dealt with under specific 'disloyalty' offences, as opposed to generic property crimes (such as fraud or obtaining by deception). It also addresses a number of other potential weaknesses in the present legislative scheme.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 18 Issue 1 - Intellectual property, business and China: Taking a
           stand
    • Abstract: Menzies, Jane L; Xynas, Lidia; Orr, Stuart; Chung, Mona
      Over the last 40 years, China has developed laws for the protection of intellectual property rights. Unfortunately, these laws have not been uniformly enforced, making such protection problematic for Australian and other foreign organisations wishing to do business in China. This article first scrutinises the current Chinese laws covering intellectual property protection. It then examines the outcomes of a qualitative study that addressed intellectual property protection issues faced by selected Australian organisations conducting business with Chinese counterparts located in China. Forty Australian business managers/owners from Australian companies having business relationships with Chinese firms were interviewed for this study. The findings show that protection issues are only relevant to certain types of businesses that have intellectual property to protect. Nevertheless, a number of the managers/owners interviewed believed that infringement threats were real and inevitable in China, and some had even experienced cases of copying. The study found that, despite such concerns, there was little evidence of organisations taking proactive and positive steps to adequately protect their intellectual property. In order to address this, the authors of this article have developed a protection strategy that incorporates the use of the law, together with firms' organisational designs, so that foreign firms can protect their rights when interacting with the Chinese market.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 18 Issue 1 - Police bargaining disputes and third-party
           intervention in Australia: Which way forward'
    • Abstract: Carabetta, Giuseppe
      The essential duties that police officers perform, and the absence of a right to strike, creates the need for an effective, impartial procedure for the resolution of bargaining disputes. This article argues that, with the shift of focus under the Fair Work Act 2009 (Cth) to good-faith bargaining, police officers have been left without an effective dispute resolution mechanism, partly because of the limitations on arbitration but also because of uncertainties surrounding the scope of the 'protected action' provisions of the Act for police officers. Following a review of police pay-setting arrangements in comparable jurisdictions, this article examines and proposes options for an alternative model, including a mandatory 'final-offer' arbitration ('FOA') model as used for police bargaining in Canada, New Zealand and the United States. Research shows that - aside from providing an effective closure mechanism for bargaining disputes where strikes or lock-outs are unavailable - mandatory FOA offers a range of benefits to police bargaining, and could provide an ideal 'fit' for the current bargaining-centred system. The article's findings are of significance not only to police officers, but to all emergency services workers covered by the Fair Work bargaining regime.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 18 Issue 1 - International travel and double recovery
    • Abstract: Bozzi, Claudio
      A combination of the economic significance of international tourism, the increased mobility of individuals, and their greater willingness and desire to manage their own movements has significant implications for insurers which currently remain under-appreciated. International visitors to Australia are more likely to die or suffer injury as the result of a motor vehicle accident than in any other way. While attention has been focused on the complex jurisdictional issues that may arise, other equally important problems such as the potential for action in double recovery have gone largely unnoticed. The need is particularly acute because, as many studies attest, the prospect of death and injury in motor vehicle accidents involving foreign licensees is only likely to increase. Injured third parties returning to home jurisdictions with national health systems will rightly draw on the resources of the state, public welfare, and sometimes private insurance to meet their health care needs. To complicate matters further, European countries typically view the state as a guarantor of individual and collective social rights, and, to varying extents, constitutionally guarantee health care and other relevant benefits such as unemployment payments. In effect, an injured third party receiving a payout for the cost of those injuries from an Australian insurer returns home as a citizen or resident of a state in which she or he draws on publicly funded health care and benefits. In Italy, for example, the needs of the injured third party are met by a devolved health care system which places the greatest burden of responsibility for the delivery and funding of services on regionally governed public enterprises, and to a lesser extent on other entities. Some of those providers have mounted actions in recovery for money spent and goods supplied for the treatment of the same injuries that are the subject of the insurance. The aim of this article is to address the theoretical basis and practical implications of actions taken against the insured injured party in the context of foreign constitutional and personal injuries law (or constitutionalised personal injuries law).

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 18 Issue 1 - Contractual penalties in Australian law after Andrews:
           An opportunity missed
    • Abstract: Gray, Anthony
      This article considers the extent to which an Australian court might be willing to declare a contractual clause to be a 'penalty', and so not be enforceable. A recent High Court decision takes a broader view of the courts' jurisdiction to relieve against 'penalties' than has previously been the case. This article has two purposes; first, it critically considers whether the Court's position is correct, having regard to the long history and rationale for the rule. Secondly, it considers whether the doctrine forbidding penalties in contracts remains an appropriate stand-alone doctrine in contemporary contract law, or whether a recasting of the law in this area is desirable. It concludes that the High Court missed an opportunity to consider more thoroughly the reform of the penalty-liquidated damages distinction, and should have subsumed that principle within the organising principle of unconscionability.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 18 Issue 2 - The courts, parliament and the executive
    • Abstract: Clark, Robert
      Thank you for the honour of inviting me to deliver this year's Deakin Law Oration, and to follow the many distinguished speakers who have delivered this oration in previous years. In constitutional discussions, the relationship between Parliament and the executive receives a great deal of attention. Tonight I want to look at another important aspect of our State's governance, namely the relationships between our courts on the one hand and Parliament and executive government on the other hand.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 18 Issue 2 - Moving steadily or great leap forward': The
           emerging carbon market in China
    • Abstract: Shen, Ying
      China has become a large greenhouse gas ('GHG') emissions source due to its rapid industrialisation and urbanisation. Given the heavy environmental footprint caused by China's economic growth, the Chinese government has recognised the need to control carbon emissions and mitigate climate change. Indeed, China has made remarkable progress in reducing its energy consumption per unit of gross domestic product ('GDP'). However, these improvements are mainly the result of the most readily available abatement options. Given that simple solutions have almost been exhausted, cost-effective market-based instruments such as carbon emissions trading and carbon markets have become the focus of the Chinese leadership's attention and have begun to emerge and develop in China. At this stage the primary issue that must be considered by the Chinese government is how to implement an emissions trading scheme ('ETS') - whether to adopt such a new environmental policy instrument step by step in an evolutionary manner or whether to fully implement it instantly in a revolutionary way. This article considers the future direction of an emerging carbon market in China. It first provides a comprehensive and up-to-date review of current pilot ETS programs in China. Based on the review of these programs, China's pilot ETS programs and the well-established European Union Emissions Trading Scheme ('EU ETS') are compared. The improvements made by, and the shortcomings of, these pilot programs (which could be considered by the Chinese government in choosing an appropriate development model of the ETS in the near future) are summarised. The article concludes by assessing the prospects of an ETS in China.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 18 Issue 2 - Death of a soldier: A mother's story [Book Review]
    • Abstract: Masters, Chris
      Review(s) of: Death of a soldier: A mother's story, by Margaret Evison, Biteback Publishing, 2012, ISBN-10: 1849544492, ISBN-13: 978-1849544498.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 18 Issue 2 - Sexuality law reform and the language of progress:
           What lies behind statements that equality for lesbian and gay people is
           inevitable'
    • Abstract: Blore, Kent
      Equality for lesbian and gay people is increasingly being treated as inevitable. This article questions this sense of inevitability by exploring three possible explanations: (1) a cynical explanation that the language of inevitability is being used as a rhetorical device, (2) a mechanical explanation that the impending equality is an effect of prior causes in time, and (3) a teleological explanation that history is progressing towards its purpose of achieving equality. The article concludes that invocations of inevitability do not stand up to theoretical scrutiny and explores what options are then open to equality activists.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 18 Issue 2 - The legal in/security of temporary migrant
           agricultural work: Case studies from Canada and Australia
    • Abstract: Newman, Andrew
      Despite differing labour law systems and program structures, temporary migrant agricultural workers under the Canadian Seasonal Agricultural Worker Program and Australian Seasonal Worker Program often possess minimal security of employment rights and protections, despite potentially lengthy periods of consecutive seasonal service to the same employer. Such lesser rights and protections are partly due to the central role played by continuity of service in determining the length of reasonable notice periods and the strength of unfair dismissal protections and stand-down/recall rights. Although it is often presumed that the temporary duration of the seasonal work visa necessarily severs the legal continuity of the employment relationship, such is not the case. This article argues that security of employment rights and protections can be re-conceptualised to recognise non-continuous seasonal service within the current parameters of a fixed-term work visa. In both Canada and Australia this could be accomplished through contractual or collective agreement terms or through the amendment of labour law legislation. Such reforms would recognise a form of unpaid 'migrant worker leave', whereby the legal continuity of employment would be preserved despite periods of mandatory repatriation, thus allowing accrual of security of employment rights and protections.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 18 Issue 2 - A case from Australia's war crimes trials:
           Lieutenant-general Nishimura, 1950
    • Abstract: Lee, Lisa
      In the aftermath of World War II, Australia undertook domestic trials of suspected Japanese war criminals between 1945 and 1951. This article focuses on Australia's war crimes trial of Lieutenant-General Nishimura as held at the Los Negros court in mid-June 1950, and the subsequent petitioning period and confirmation process. The Australian war crimes courts were military courts vested with broad discretionary powers that facilitated the expeditious trials of accused. The procedure of war crimes courts differed from that of field general courts-martial in two main areas: admissible evidence and sentencing range - and this article highlights concomitant problems arising during the trial and subsequent case on review. This article examines the prosecution of the case entirely on documentary evidence; the impact of low admissibility thresholds for evidence; issues regarding the voluntariness and reliability of witness evidence; and the option of capital punishment in the Nishimura trial.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 18 Issue 2 - The evolution of lawyers' professional identity: The
           contribution of ADR in legal education
    • Abstract: Douglas, Kathy
      Alternative or Appropriate Dispute Resolution ('ADR') is a crucial area for lawyers to understand in order to engage in present day legal practice. ADR is now common in courts and the community and is supported by legal policy at both federal and state levels. Learning about ADR can contribute to the moulding of law students' professional identity so that they are better able to engage in commonly used processes such as negotiation and mediation. This article discusses research into the teaching of ADR in legal education. It draws on a project where the teaching of ADR was researched in depth to examine the content and pedagogy of this area of the legal curriculum. The article argues that ADR is an important part of legal education as it can assist law students to develop non-adversarial, holistic approaches to legal problem-solving.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 18 Issue 2 - Bearing the economic loss of industrial action: The
           payment of striking employees under the fair work act 2009 (cth)
    • Abstract: Wheelwright, Karen
      This article aims to elucidate the legal principles governing the right of striking employees in Australia to payment during periods of industrial action. It explains briefly the common law antecedents to the strike pay provisions of the Fair Work Act 2009 (Cth) and discusses in detail a number of decisions that interpret those provisions, including the recent High Court decision in CFMEU v Mammoet, which held that the prohibition on payments to employees who take protected industrial action is confined to the withholding of wages and does not permit employers to withhold other benefits, such as employer-sponsored accommodation. The article argues that, whilst the High Court decision provides a welcome clarification, there is a need for further judicial clarification of the partial work ban provisions in particular. The article discusses the assertions that the Fair Work Act provisions are overly prescriptive and the reasons for this, and suggests that they are unlikely to be relaxed in the current political climate.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 18 Issue 2 - Litigiousness in Australia: Lessons from comparative
           law
    • Abstract: Wolff, Leon
      How litigious are Australians' Although quantitative studies have comprehensively debunked the fear of an Australian civil justice system in crisis, the literature has yet to address the qualitative public policy question of whether Australians are under- or over-using the legal system to resolve their disputes. On one view, expressed by the insurance industry, the mass media and prominent members of the judiciary, Australia is moving towards an American-style hyper-litigiousness. By contrast, Australian popular culture paints the typical Australian as culturally averse to formal rights assertion. This article explores the comparative law literature on litigiousness in two jurisdictions that have attracted significant scholarly attention - the United States and Japan. More specifically, it seeks to draw lessons from this literature for both understanding litigiousness in modern Australia and framing future research projects on the issue.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 18 Issue 2 - The danubia files: Award writing lessons from the vis
           moot [Book Review]
    • Abstract: Hayward, Benjamin
      Review(s) of: The danubia files: Award writing lessons from the vis moot, edited by Louise Barrington, Napoleao Casado Filho and Claudio Finkelstein, Outskirts Press, 2013, ISBN 9781478711797, ISBN 9781432798833.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 18 Issue 2 - Trafficking in persons in Australia: Myths and
           realities [Book Review]
    • Abstract: Morss, John R
      Review(s) of: Trafficking in persons in Australia: Myths and realities, by Andreas Schloenhardt and Jarrod Jolly, LexisNexis Butterworths, 2013, ISBN 9780409333114.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 18 Issue 2 - Environmental law in Australia 8th edition [Book
           Review]
    • Abstract: Bozzi, Claudio
      Review(s) of: Environmental law in Australia 8th edition, by Gerry Bates, LexisNexis Butterworths, 2013, ISBN: 9780409332070 (pbk), ISBN: 9780409332087 (ebook).

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 17 Issue 1 - Cases that changed the law, [Book Review]
    • Abstract: McMahon, Marilyn
      Review(s) of: Cases that changed the law, by Graham Fricke, Strictly Literary, 2012, 158 pages, ISBN 9780987086556 (paperback).

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 17 Issue 1 - Crime and Justice: A guide to criminology (4th ed)
           [Book Review]
    • Abstract: Harris, Bridget
      Review(s) of: Crime and Justice: A guide to criminology (4th ed), by Marinella Marmo, Willem de Lint and Darren Palmer (eds), Lawbook Co, 2012, 716 pages, ISBN 978-0-455-22860-0.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 17 Issue 1 - Parallel justice for victims of crime [Book Review]
    • Abstract: Gear, Rachel
      Review(s) of: Parallel justice for victims of crime, by Susan Herman, The National Centre for Victims of Crime, 2010, 173 pages, ISBN 978-0-615-32610-8 (paperback).

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 17 Issue 1 - The committee on enforced disappearances and its
           monitoring procedures
    • Abstract: Sunga, Ricardo A
      The International Convention for the Protection of All Persons from Enforced Disappearances establishes the Committee on Enforced Disappearances to oversee its implementation. Its reporting, individual communications and inter-state communications procedures have enhanced features that build on the experiences of other monitoring bodies with similar procedures. Its urgent visit and referral procedures contain novel elements that can promote compliance with the right not to be subjected to enforced disappearance. While issues of duplication, lack of enforcement powers, competence ratione temporis and time and resource constraints set the parameters of what it can and cannot do, the Committee, as part of a system of international and regional bodies, has the potential to induce respect for human rights and to help move states toward the goal of compliance with the right not to be subjected to enforced disappearance.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 17 Issue 1 - Reforming the remedy: Getting the right remedial
           structure to protect personal privacy
    • Abstract: Petrie, Nicholas
      Politicians, journalists and academics have exhausted many hours over the last decade debating the question of whether Australia should have a statutory cause of action for invasion of personal privacy. In the midst of this ongoing debate, a simple question has often been overlooked: what remedies should be available to a person whose privacy been breached' In posing and answering that question, it is argued that a wide range of remedies for intrusions of personal privacy should be available to the courts. Perhaps most controversially, the author asserts that exemplary damages, which aim to punish defendants and deter future breaches of the law, should be available for the most heinous breaches of personal privacy.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 17 Issue 1 - Defining and describing what we do: Doctrinal legal
           research
    • Abstract: Hutchinson, Terry; Duncan, Nigel
      The practitioner lawyer of the past had little need to reflect on process. The doctrinal research methodology developed intuitively within the common law - a research method at the core of practice. There was no need to justify or classify it within a broader research framework. Modern academic lawyers are facing a different situation. At a time when competition for limited research funds is becoming more intense, and in which interdisciplinary work is highly valued and non-lawyers are involved in the assessment of grant applications, lawyer-applicants who engage in doctrinal research need to be able to explain their methodology more clearly. Doctrinal scholars need to be more open and articulate about their methods. These methods may be different in different contexts. This paper examines the doctrinal method used in legal research and its place in recent research dialogue. Some commentators are of the view that the doctrinal method is simply scholarship rather than a separate research methodology. Richard Posner even suggests that law is 'not a field with a distinct methodology, but an amalgam of applied logic, rhetoric, economics and familiarity with a specialized vocabulary and a particular body of texts, practices, and institutions ...'. Therefore, academic lawyers are beginning to realise that the doctrinal research methodology needs clarification for those outside the legal profession and that a discussion about the standing and place of doctrinal research compared to other methodologies is required.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 17 Issue 1 - How the criminal law in Australia has failed to
           promote the right to life for unborn children: A need for uniform criminal
           laws on abortion across Australia
    • Abstract: Ferdinands, Patrick
      This article contends that human life has an intrinsic value from the moment of its conception based on its potential use to the community. This value to the community demands protection from the state. However, there is also a need to balance this aim against the legitimate health interests of pregnant women. Abortions should be permitted only in circumstances where the abortion is necessary to preserve the pregnant woman from any serious danger to her physical or mental health. This article shows that the lack of uniformity in Australia's criminal law in the area of abortion plays a part in unduly undermining the right to life of unborn children. Accordingly, there is a need for effective uniform criminal laws throughout Australia that properly protect the right to life of unborn children and are duly sensitive to the valid health interests of pregnant women that give rise to circumstances justifying abortion.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 17 Issue 1 - The UN 'norms on the responsibility of transnational
           corporations and other business enterprises with regard to human rights':
           A requiem
    • Abstract: Miretski, Pini Pavel; Bachmann, Sascha-Dominik
      On 11 June 2011, the United Nations Human Rights Council endorsed the 'Guiding Principles for Business and Human Rights' as a new set of guiding principles for global business designed to provide a global standard for preventing and addressing the risk of adverse impacts on human rights linked to business activity. This outcome was preceded by an earlier unsuccessful attempt by a Sub-Commission of the UN Commission on Human Rights to win approval for a set of binding corporate human rights norms, the so called 'Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights'. This article identifies and discusses the reasons why the Norms eventually failed to win approval by the then UN Commission on Human Rights. This discussion assists an understanding of the difficulties in establishing binding 'hard law' obligations for transnational corporations with regard to human rights within the wider framework of international law. It elucidates the possible motives as well as the underlying rationale which led first to the adoption and then the rapid abandoning of the Norms. The discussion also sheds light on the future of the voluntarism of business human rights compliance, on the likelihood of finding alternative solutions, and finally on the rationale for, and effect of, the 'Guiding Principles for Business and Human Rights'.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 17 Issue 1 - Deakin Law School 20th anniversary dinner address
    • Abstract: French, Robert
      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 16 Issue 1 - Recruitment and retention of community sector lawyers:
           Regional differences within New South Wales
    • Abstract: Cain, Michael; Forell, Suzie
      The Aboriginal Legal Service, Community Legal Centres, Legal Aid NSW and private solicitors undertaking legal aid work all have a role in meeting the legal needs of disadvantaged communities in rural, regional and remote (RRR) parts of NSW. Yet there are reports that staff shortages are affecting the capacity of these services to perform this work - in some areas more than others. In order to gain a 'snapshot' of solicitor availability in RRR areas and to assess any regional differences in their availability to undertake community sector legal work in NSW, the Law and Justice Foundation of NSW has undertaken a census of all public legal assistance positions in NSW. The study examined whether the positions were filled or vacant, how they were filled, and the length of time that they were filled (or vacant). The research also drew upon data from the NSW Law Society and the three main public legal services in NSW to map solicitor availability across NSW against a range of indicators, including socio-economic disadvantage. In addition, interviews were conducted with solicitors working in (and who had left) 'hard to staff' areas with a view to better understanding differences in the recruitment and retention of solicitors across RRR areas of NSW. The major findings of the Foundation's full research report 1 are discussed in this paper.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 16 Issue 1 - Sustainable regional legal practice: The importance of
           alliances and the use of innovative information technology by legal
           practices in regional, rural and remote Queensland
    • Abstract: Hart, Caroline
      Recent reports into legal services in regional, rural and remote Queensland indicate that the supply of legal practitioners is insufficient to provide adequate legal services. This paper draws on the results of thirty in-depth interviews with partners (and directors of incorporated legal practices) on the topic of sustainable regional, rural and remote legal practice, with reference to business management practices. This paper focuses on the use of informal alliances between practitioners, and their use of innovative information technology in an effort to deal with the insufficiency of qualified legal staff.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 16 Issue 1 - Using technology to increase support for rural and
           regional legal professionals
    • Abstract: Kennedy, Amanda; Winn, Stephen
      An examination of available continuing professional education (CPE) opportunities for legal practitioners in rural and regional Australia illustrates that more can be done to ensure that practitioners receive a high quality and synchronous program that can be sustained and that is adequate to fulfil the ongoing needs of rural and regional practitioners. The provision of CPE is focused principally upon the delivery of professional knowledge relevant to legal practice. However, there is limited evidence of highly developed systems that draw on sophisticated educational pedagogy and synchronous interactive technology to deliver professional content. The use of synchronous interactive technologies which provide for a deeper, peer-to-peer interaction are not currently in widespread use. Moreover, there is currently minimal support for the broader issues of the management of rural and regional practice, the specific family or health and welfare issues of rural and regional legal professionals, and the particular problems confronting rural and regional professionals living in small communities where complementary services are lacking. This paper explores the potential to significantly increase support for rural and regional legal professionals in ways that address the above issues.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 16 Issue 1 - Access to environmental justice
    • Abstract: Millner, Felicity
      Environmental justice is an important aspect of social justice. Regulation of the environment and decisions about development and environmental policy impact upon our quality of life by influencing and affecting our health, as well as that of our urban and natural environments, and the availability of and access to natural resources. Disadvantaged members of society typically bear the brunt of the environmental impacts of human activity. Therefore, an essential part of attaining social justice is enabling the members of the community who will be adversely affected by these impacts to participate in and have rights of review in relation to the making of environmental laws, decisions about land use and development and enforcement of environmental laws.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 16 Issue 1 - Postcode justice: Rural and regional disadvantage in
           the administration of the law
    • Abstract: Coverdale, Richard
      The paper signposts a number of issues identified within the research project: Postcode Justice - Rural and Regional Disadvantage in the Administration of the Law. It highlights key areas in which regional Victorians experience disadvantage in access to justice system services in comparison to their metropolitan counterparts. Issues raised by interviewees and survey participants demonstrate inherent problems with the current delivery of justice system services, programs and processes in regional Victoria. Briefly explored within the paper is the relationship of 'distance' to the delivery of justice. The paper suggests that little consideration is given to the spatial disadvantage experienced by regional communities in the development of legislation or the implementation of justice system programs, practices and procedures. The paper also examines the Magistrates' Court criminal court programs which embrace the principles of 'problem solving courts' and 'therapeutic jurisprudence'. While they are important innovations, these programs have had limited roll-out to regional communities. In its conclusion the paper suggests that an independent and unified 'voice' is needed to ensure a genuine and informed response to the diverse areas in which inequity exists in the delivery of justice system services to regional communities.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 16 Issue 1 - Youth justice: Challenges in responding to young
           people convicted of sexual offences
    • Abstract: O'Brien, Wendy
      The clinical and criminological literature on adolescents who have committed sexual offences indicates that the pathologisation of young people and a labelling or overly punitive response is likely to be more harmful than rehabilitative. Accordingly, therapeutic counselling and diversionary schemes are seen as preferable to custodial terms in most instances. For adolescents convicted of sex offences, clinicians identify the benefits of comprehensive therapeutic care which involves family and is sensitive to the young person's context and culture. The benefits of this approach are documented and, although data are limited, indications are that recidivism is reduced where adolescents are provided with specialised counselling to encourage positive and non-abusive behaviours. In Australia, each state and territory has provisions for youth justice clients serving custodial or community orders for sexually abusive behaviours. Yet each jurisdiction experiences challenges in ensuring the delivery of equitable and comprehensive therapeutic services, particularly to regionally and remotely located youth. This paper draws on data from a national study of the therapeutic services to children and adolescents with sexualised or sexual offending behaviours. With attention to the difficulties in providing services to regionally and remotely located adolescents, this paper highlights challenges around lengthy remand terms, the provision of pre-offence diversionary programs, and the provision of specialised supervision for young people serving community orders. For example, jurisdictions with the largest geographic service areas face enormous difficulties in providing specialised supervision for community-based orders. At present, there are several jurisdictions where regionally and remotely located adolescents may serve the duration of a youth justice order without receiving specialised counselling to assist them in modifying their behaviours. The paper identifies the risks where specialised counselling cannot be provided, but also identifies specific initiatives designed to fill these gaps in service provision to youth justice clients.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 16 Issue 1 - Legislative and community support for offender
           reintegration in Victoria
    • Abstract: Hardcastle, Lesley; Bartholomew, Terry; Graffam, Joe
      The status of offender rehabilitation has been influenced by the prevailing social climate, the promotion of ways to improve rehabilitation's efficacy, and the well documented cycling of correctional imperatives. A renewed interest in offender transitions and reintegration has been apparent in recent years and most western correctional systems now feature policies and/or programs that address issues relating to the housing, employment, education and the broader 'resettlement' of offenders. However, this movement of correctional imperatives into the 'social' realm brings considerable challenges. Perhaps most significantly, the achievement of reintegration is dependent on juridical and community support in ways that other sentencing goals are not. Given the array of understandings of what 'reintegration' actually is, the abundance of programs claiming such a focus, and the reliance that reintegrative ideas have on community support, measuring the extent and nature of such support is seen as a useful exercise. With the above in mind, the goal of this paper is to identify legislative and community obstacles to the success of reintegrative ideals and policies. The paper first examines relevant legislation for references to reintegrative notions, finding a legislative ambivalence about such ideas. It then presents findings from a Victoria-wide survey of community views about the reintegration of ex-offenders. Participants in the community survey (n = 2635) were asked for their views about sentencing objectives, and the nature of their support for employment and housing initiatives. The results showed low levels of overall support for reintegration, with numerous more subtle distinctions being evident. The data also identify numerous areas where reintegrative programs are likely to be more readily accepted. The findings also indicate a need for targeted research into the correlates of community readiness for specific aspects of offender reintegration, and underlines the need for community education about the social implications of effective reintegration policies for urban, regional and rural communities.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 16 Issue 1 - Bush lawyers in New South Wales and Queensland: A
           spatial analysis
    • Abstract: McDougall, Kevin; Mortensen, Reid
      This article deals with the effect that different structures for the legal profession might have on supporting legal practice. There is a particular focus on Queensland, and its Law Society's claim that conveyancing protection is important infrastructure for practice in the bush. A spatial analysis was undertaken to compare the availability of legal services in Queensland and New South Wales (where non-lawyer conveyancing is allowed) in 2008. Areas in the two states classified according to the Accessibility/Remoteness Index of Australia (ARIA) were compared, and it was found that NSW had an equal or marginally better provision of legal services in all ARIA categories. The implications that this has for conveyancing protection, and other differences between the states (the earlier availability of incorporated law practices (ILPs) and the higher number of regional law schools in NSW) are discussed. Only a comprehensive longitudinal analysis can more strongly isolate the likely effect, if any, of conveyancing protection, ILPs and regional law schools on bush practice. However, the suggestion is that the differences in legal infrastructure - including conveyancing protection - are less important for supporting legal services in the bush than social considerations (family, lifestyle, professional development, gender, employment patterns and salary) are likely to be.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 16 Issue 1 - Professional services and rural services poverty
    • Abstract: Martin, Paul; Williams, Jacqueline; Kennedy, Amanda
      It is a fact that rural people suffer from professional services deprivation relative to their urban counterparts. Access to legal services is one form of this deprivation. Whilst often understood as a workforce problem, the issue has broader implications for the economic and social welfare of communities and the professionals who try to serve their needs. In particular the inability to access sufficient 'knowledge services' lies at the heart of many problems of rural social exclusion, the cost of which falls inevitably on those who are less mobile, or less capable of securing wealth. This paper takes a systemic look at rural professional services delivery, placing legal services in their larger context as part of the (often incomplete) professional network that supports communities. It outlines the systemic problem and aspects of the specific issues for rural professional services. It presents the results from a survey and a summit organised to discuss the issues that span various professions, and outlines some of the directions that the legal profession might take.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 16 Issue 1 - Strategies for meeting rural legal needs: Lessons from
           local, regional and international experience
    • Abstract: Economides, Kim
      This paper considers policy options for future planning of legal services in rural and remote areas and assesses the relative merits of the public and private sectors in identifying and meeting legal needs in such areas. Drawing on previous research and a range of national and international experience I focus on the future development of proactive services in legal service delivery: first, through examining the idea of 'rural law (community) centres' employing salaried lawyers and 'paralegals' working in the public sector; second, through speculating on the implications of emerging alternative business structures and new technology currently evolving in the private sector. The paper evaluates various delivery models (and their likely impact) and considers whether strategic approaches are possible when rural communities are so often dispersed, isolated and politically marginal. It examines the concept and practice of 'rural proofing', as developed by policymakers in the United Kingdom and New Zealand, in order to see whether legal services policy can be better attuned to the needs and expectations of rural communities.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 16 Issue 1 - Access to a lawyer in rural Australia: Thoughts on the
           evidence we need
    • Abstract: Rice, Simon
      NSW Law Society membership data 1988-2004 enables mapping over time of the presence and movement of private legal practice in rural NSW. The changing ratio of legal practices per 10 000 population is calculated against data from the Australian Bureau of Statistics. In short, while the rural population increases, the number of legal practices decreases at a much slower rate, resulting in an overall drop in the proportion of legal practices in the population. However, although some inferences could be drawn, the data do not go very far in illustrating the nature and degree of, and reasons for, the limits on access to law in rural Australia. One way of thinking about the further research that can be done is to consider the research implications of the many different ways the issue of rural access to law is expressed, and the different dimensions that are emphasised in those formulations.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 16 Issue 1 - Law and justice outside the CBD
    • Abstract: French, Robert
      Rural and regional Australia frames much of our national history and cultural heritage and therefore of our identity as a people. The oldest and most pervasive part of that history and heritage is found in the intricate and beautiful legends of the Dreamtime which have mapped and named Australian landscapes for tens of thousands of years. Those legends find visual, aural and kinetic expression in the art, songs and dances of Aboriginal people living and dead, which we and the world have only really begun to appreciate in the last half century. The rise of that appreciation and the affirmation by Aboriginal people of their cultural heritage perhaps mitigates the darker aspect of the consequences .

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 16 Issue 1 - National rural regional law and justice conference
    • Abstract: Coverdale, Richard
      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 15 Issue 2 - Gifts: A Study in Comparative Law [Book Review]
    • Abstract: Mendelson, Danuta
      The review and analysis of the book 'Gifts: a study in comparative law' by Richard Hyland is discussed. The book provides an erudite analysis of the law of gifts which is impressive in its international scope. Review(s) of: Gifts: A Study in Comparative Law, by Richard Hyland, Oxford: Oxford University Press, 2009) 730 pages, ISBN13: 9780195343366, ISBN10: 0195343360. Includes footnotes.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 15 Issue 2 - Something to Declare: A Memoir [Book Review]
    • Abstract: Roos, Oscar I
      The review and analysis of the book 'Something to declare: a memoir' by Sir James Gobbo is discussed. The book is competently written; however, reads as a largely lifeless retelling of facts, rather than as a document which consistently engages the interest of the reader. Review(s) of: Something to Declare: A Memoir, by Sir James Gobbo, The Miegunyah Press, 2010) 345 pages, ISBN 9780522857313 (hbk.

      PubDate: Mon, 22 Jun 2020 12:41:10 GMT
       
  • Volume 24 The peripatetic nature of EU Corporate tax law
    • Abstract: Panayi, Christiana Hji
      This article examines some aspects of the European Union's corporate tax set-up which correspond to aspects of a country's corporate tax regime. The overarching question is whether there is such a thing as EU corporate tax law. This article seeks to address this in the context of the following issues: the existence of a uniform tax base and tax rates; the existence of anti-abuse rules and a transfer pricing regime; and, finally, the existence of a common tax administration and its powers. The article questions whether the peripatetic development of EU corporate tax law is suitable for the EU or whether it undermines its long-term objectives. The potential impact of Brexit in the development of EU corporate tax law is also addressed.

      PubDate: Wed, 30 Oct 2019 14:30:08 GMT
       
  • Volume 24 The foundation of choice of law: Choice and equality [Book
           Review]
    • Abstract: Hayward, Benjamin
      Review(s) of: The foundation of choice of law: Choice and equalityby Sagi Peari, Oxford University Press, New York, 2018, ISBN 9780190622305.

      PubDate: Wed, 30 Oct 2019 14:30:08 GMT
       
  • Volume 24 Recommendations on the optimal constitutional recognition of the
           first nations in Australia
    • Abstract: Gussen, Benjamen Franklen
      This note extends my previous analysis of the constitutional recognition of Aboriginal and Torres Strait Islander Peoples ('First Nations') by providing guidance on the optimal approach for this recognition. The guidance is founded on the concepts of efficiency and equity. An optimal recognition is defined as one that achieves both objectives simultaneously. Efficiency flows from a dynamic recognition that changes over time relatively easily, as exemplified by a treaty-based approach. The equity criterion has, as a proxy, legal pluralism, whereby constitutional recognition enlivens 'Indigenous jurisprudence' through mechanisms such as self-governance. The proposal is to combine efficiency and equity by guaranteeing the collective rights of Indigenous Australians in accordance with universally recognised principles and norms of international law, such as the UN Declaration on the Rights of Indigenous Peoples (for which the Commonwealth of Australia announced its support in 2009). This in turn is likely to guide a treaty-based approach to the relationship between the Commonwealth and First Nations that can evolve towards legal pluralism.

      PubDate: Wed, 30 Oct 2019 14:30:08 GMT
       
  • Volume 24 An international convention on refugee resettlement
    • Abstract: Gibson, Miah
      Forced migration has been the subject of intense debate in the past 50 years and has spawned a wealth of literature as a result. Few commentators, however, have considered the value or viability of an international agreement on refugee resettlement that would include mandatory resettlement quotas. This article puts forward a proposal for an International Convention on Refugee Resettlement. Such a convention would, I argue, help to address some of the current limitations of resettlement as a solution to the increase in refugee numbers. Appendix 1 contains the suggested wording for such a convention, drawing on several international human rights treaties (particularly the 1951 Convention Relating to the Status of Refugees) as well as resettlement principles and policies set out by the Office of the United Nations High Commissioner for Refugees. Appendix 2 provides explanatory notes for the draft wording. It is hoped that such wording might be of use to those campaigning for the development of a binding, international agreement on resettlement.

      PubDate: Wed, 30 Oct 2019 14:30:08 GMT
       
  • Volume 24 Damages for wrongful fertilisation: Reliance on policy
           considerations
    • Abstract: Lam, Chen Meng
      In what was described as 'one of the most difficult cases' that had come before it, the Singapore Court of Appeal in ACB v Thomson Medical Pte Ltd ('ACB') recognised, for the first time, the loss of genetic affinity as an independent head of loss that would allow a plaintiff to recover damages in a claim for wrongful fertilisation. In ACB, the Court of Appeal dismissed the claim for upkeep costs of raising the child from birth to maturity, and instead identified the loss of genetic affinity as the real harm for which damages should be awarded to compensate for the mistaken use of sperm from an unknown third party. An interesting aspect of ACB was how the Court of Appeal grappled with policy considerations as the basis for its decision. The influence of policy considerations in ACB raises the question of whether the decision runs contrary to the long-standing view that there is little room for public policy reasoning in private law adjudication. In this article, the author argues that the Court of Appeal's decision in ACB was correctly made as it rightly embraced policy considerations in rejecting the upkeep claim and focused on the value of biological relationships in recognising an interest in genetic affinity.

      PubDate: Wed, 30 Oct 2019 14:30:08 GMT
       
  • Volume 24 Online dispute resolution for small civil claims in Victoria: A
           new paradigm in civil justice
    • Abstract: Tan, Vivi
      This article seeks to explore some of the implications of integrating information and communications technology into judicial processes to resolve small civil claims. It argues that, as ODR moves from individual private-sector initiatives to widespread public sector institutionalisation, governance and value questions will need to be seriously considered. This is because questions regarding the appropriateness of the use of certain ODR systems in the resolution of small claims and consumer disputes persist, especially in relation to the use of systems which are fully autonomous. For example, how are fundamental due process requirements to be balanced against the economic constraints of resolving low value disputes' What are the limits to the evolution of civil justice to make it more accessible' It is argued that, while ODR holds vast potential for increasing access to justice, attention needs to be given to the dispute system design to ensure that it achieves that goal and does not result in the erosion of fundamental values of civil justice, including accessibility, transparency, legal validity and accountability.

      PubDate: Wed, 30 Oct 2019 14:30:08 GMT
       
  • Volume 24 Dissonance in global financial law
    • Abstract: Flaiszhaker, Dalit
      This article explores whether the post-GFC global financial architecture is likely to provide efficient regulation capable of preventing a future crisis from occurring. The article starts with a brief overview of the emergence in the 1970s of global financial architecture. A thorough descriptive analysis of the post-crisis architecture follows, raising serious doubts regarding the current architecture's ability to accomplish its goal. This analysis is performed in two stages, taking first an outsider's perspective on the changes the architecture underwent after the crisis and moving then to the inside - the structure and contents of the architecture. Using macro-prudential methodological tools, the establishment of the Financial Stability Board is reviewed, along with three cutting edge regulations: the Basel III framework for banking, the IOSCO's recommendation for money market funds, and the FSB's recommendations regarding repurchase agreements. Pointing out the architecture's perceived failure to provide stability due to severe regulatory arbitrage, the article then widens the lens to explore the implications of the above regulation. The article suggests that the current architecture encourages 'financialisation' and pushes the financial system and the real economy further apart. Consequently, the article raises normative concerns regarding the legal foundations of the global financial architecture, and its legitimacy.

      PubDate: Wed, 30 Oct 2019 14:30:08 GMT
       
  • Volume 23 Multinational enterprises, corporate groups and supply chains in
           a globalised world
    • Abstract: du Plessis, Jean; Kammerer, Jorn Axel
      PubDate: Thu, 31 Jan 2019 18:31:58 GMT
       
  • Volume 23 2018 Deakin law oration: Human rights and good corporate
           citizenship
    • Abstract: King, Mervyn
      The first industrial revolution, which began in the late 18th century, focused on the benefits of water and steam power to mechanise production. Machines started to be used instead of human or animal labour. Although there had been pollution prior to this time, the emissions from mechanised factories were the beginning of the dangerous anthropogenic emissions as we know them today.

      PubDate: Thu, 31 Jan 2019 18:31:58 GMT
       
  • Volume 23 The state duty to protect against human rights violations
           through transnational business activities
    • Abstract: Krajewski, Markus
      Transnational corporations are currently not formally bound by international human rights obligations. Instead, states have a duty to protect individuals against human rights abuses by third parties, including corporations. While it is undisputed that this obligation extends to all individuals living on the territory of the respective state, the extraterritorial scope of the duty to protect remains contested. This is especially the case for human rights violations through transnational business activities. The state on whose territory the violation occurs has a duty to protect human rights by adopting and implementing labour and environmental laws applicable in that state. However, it is less clear if and to what extent the state of the main seat of the mother company or the global ordering company - the 'home state' - also has a human rights duty to regulate transnational business activity. This article argues that such a duty can be based on existing human rights doctrine and standards of general international law such as the 'no harm' rule and the due diligence principle. It argues that states have a duty to regulate transnational business activities of corporations over which they exercise jurisdiction if human rights violations caused by such activities are predictable and preventable. In its final part, the article assesses various approaches in state practice which could be seen as instruments in the fulfilment of the duty to regulate transnational business activities

      PubDate: Thu, 31 Jan 2019 18:31:58 GMT
       
  • Volume 23 The role and liability of certification organisations in
           transnational value chains
    • Abstract: Glinski, Carola; Rott, Peter
      Certification organisations have become important players in the monitoring of compliance with social and environmental standards. This is particularly the case in relation to corporate operators producing in or sourcing from developing countries. At the same time, some of the worst industrial disasters in recent years, such as the Ali Enterprises factory fire in Pakistan or the collapse of the Rana Plaza building in Bangladesh, occurred after the relevant operators had been certified for their compliance with standards. This raised doubts about the care that the relevant certification organisation had exercised. This article explores potential grounds on which corporate social responsibility (CSR) certification organisations may incur liability towards third parties, in particular employees of subsidiaries or suppliers. To this end, it discusses the functions of certification generally before it analyses the potential liability of certification bodies under German and English law. It considers various circumstances under which certification takes place, including certification that is required by law, certification that is required to obtain certain benefits, such as tax reductions, certification within private CSR schemes and the entirely voluntary use of CSR certification as an instrument of supply chain control.

      PubDate: Thu, 31 Jan 2019 18:31:58 GMT
       
  • Volume 23 Global supply chain governance: The search for 'what works'
    • Abstract: Ruhmkorf, Andreas
      This article critically discusses the developing legislative framework for Corporate Social Responsibility (CSR) in global supply chains in the 'home states' of transnational corporations, that is, the countries where these companies are incorporated and have their headquarters. The article focuses on the interaction of private and public governance by examining how legislation can steer companies' use of private CSR instruments such as Codes of Conduct. Following a critical review of empirical data relating to the Supplier Codes of Conduct of the top 30 listed German companies (DAX30), recent examples of 'home state' legislation of CSR are assessed. The article shows that most of these laws are not very stringent. The article argues that a hybrid regulatory approach towards CSR in global supply chains is necessary.

      PubDate: Thu, 31 Jan 2019 18:31:58 GMT
       
  • Volume 23 Beyond climate risk: Integrating sustainability into the duties
           of the corporate board
    • Abstract: Sjafjell, Beate
      Finding out how business can be a part of the shift to sustainability has never been more crucial. This article starts out by presenting the results of a multi-jurisdictional comparative analysis of corporate law, seeking to investigate the barriers, to and possibilities for, sustainable business in the dominant business form - the corporation. The social norm of shareholder primacy is identified as a major barrier to sustainability. Shareholder primacy has taken over the space that corporate law leaves open for the discretion of the individual corporate board.

      The financial risks of ignoring the impacts of unsustainability have the potential to bring sustainability into the core of the profit-seeking purpose of the corporation. The article concludes with a brief presentation of a work-in-progress - a Sustainable Governance Model - which can be used as a starting point for businesses wishing to transition towards sustainability. The model can also form the basis of a corporate law reform proposal, which is arguably a necessary step to shift business away from the unsustainable 'business as usual' approach and onto a sustainable path.

      PubDate: Thu, 31 Jan 2019 18:31:58 GMT
       
  • Volume 23 Are corporate governance code disclosure and engagement
           principles effective vehicles for corporate accountability': The
           United Kingdom as a case study
    • Abstract: North, Gill
      Disclosure and engagement principles are included in every corporate governance code, reflecting a critical emphasis on communication as a vehicle for corporate accountability. These communication principles have been a focus of reform worldwide, prompted by shifts in financial market and social expectations of corporations. The article examines the disclosure and engagement provisions in the Corporate Governance Code in the United Kingdom (and the proposed reforms to these provisions) as a case study. The proposed initiatives seek to strengthen the voice of employees and enhance disclosure around environmental and social concerns. However, this article contends that the gains achieved from these reforms may be marginal due to structural deficiencies. The incremental disclosure and engagement obligations are expected to be flexible and loosely phrased, with a negligible probability of significant market consequences or regulatory intervention. Moreover, most substantive corporate communication will continue to occur at private forums between directors and selected institutional investors. In financial markets with these regulatory settings, effective governance mechanisms to ensure broad and independent accountability of corporations are lacking or weak. Indeed, these legal structures encourage and legitimise carefully differentiated private and public communication channels, with the public discourse used to present a sparkling company image. Policy makers need to re-consider their reliance on private forums to improve governance standards and ensure that public communication frameworks are inclusive, responsive, probative and enforced. In this way, company law will start to meet the growing calls for corporates to act as responsible citizens.

      PubDate: Thu, 31 Jan 2019 18:31:58 GMT
       
  • Volume 23 Collective responsibility and the limits of disclosure in
           regulating global supply chains
    • Abstract: Villiers, Charlotte
      Global supply chains present major challenges for company law and corporate governance, nationally and internationally. Their increasing relevance in international business has led to a serious regulatory gap, especially in light of corporate involvement in human rights abuses, labour exploitation and environmental degradation. Alongside a number of international norms such as those expressed in the UN's Guiding Principles on Business and Human Rights, there has been a proliferation in domestic and international law of disclosure provisions, mandating greater transparency by companies in response to the problems caused by global supply chains. In this paper, however, it is argued that disclosure is not a sufficient answer to such problems. It is suggested that we should approach the problems with a different conceptualisation of supply chain structures. If we regard them as 'global poverty chains', such a perspective brings about a moral response - a recognition that we have a collective responsibility to eradicate the poverty and suffering caused by the chains. This response necessitates that transparency requirements be altered and accompanied by a regulatory framework that empowers victims of poverty to be able to escape it.

      PubDate: Thu, 31 Jan 2019 18:31:58 GMT
       
  • Volume 23 Adjusting the North-South balance: Southern judicial boldness
           and its implications for the regulation of global supply chains
    • Abstract: Fowkes, James
      Modern regulators have long grappled with the challenges of regulating multinational corporations and their cross-border supply chains. There is a tendency, in this context, to view the problem as one where the most serious or common abuses are to be found in the Global South, but the effective remedies mostly need to be found in the Global North. This article discusses recent examples of expansive, creative judicial activity from India, Colombia and the African regional judicial system to challenge this assumption. Some of today's Southern judicial activity can break the stereotype in interesting and important ways, and our thinking about regulation in this context needs adjustment accordingly.

      PubDate: Thu, 31 Jan 2019 18:31:58 GMT
       
  • Volume 23 Sustainability in large UK listed retail companies: A sectoral
           analysis
    • Abstract: Keay, Andrew; Iqbal, Taskin
      This article documents a study on the sustainability efforts of the largest UK general retail companies that are listed on the FTSE 100. Along with offering empirical insights into the position taken by large listed UK retail companies on sustainability issues, the study also provides an interpretive analysis of the data examined in order to gain greater understanding of what the companies are communicating and the attitude that they are taking in relation to sustainability. Based on an extended content analysis of each corporation's annual and sustainability reports, the study was intended to be a pilot study, that is, a small study conducted in advance of a planned larger and broader project that would examine more companies and in different industrial sectors. It would specifically test aspects of the research design and allow necessary adjustment before final commitment to the design for the larger project. Nonetheless, the results of the study documented here are sufficiently substantive to constitute a stand-alone study and permit us to ascertain the state of sustainability in retail companies. Our findings demonstrate that companies are taking substantive actions to integrate sustainability into their business operations and are willing to communicate these actions to their stakeholders. They are actively engaged in re-designing their strategies in order to address factors that are at the root of unsustainability.

      PubDate: Thu, 31 Jan 2019 18:31:58 GMT
       
 
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