Journal articles on the topic 'Cultural property – australia – congresses'

This article examines the ways the Australian property market is addressed among Chinese migrants in Australia on and off WeChat, one of the most popular instant messenger apps installed on Smartphones. Specifically, we focus on how migrant media and real estate professionals’ narratives on real estate properties constitute and reproduce a transnational Chinese diasporic space between China and Australia. Although the latest wave of ‘property talk’ is relatively a new concept to the mainstream Australian societies due to the housing price boom since 2012, talking about land and property ownerships has always been integral part of Chinese diasporic culture. Yet, with the advent of digital media technologies, this cultural conversation is increasingly being delivered, processed and experienced through digital platforms such as that of WeChat. Drawing on observations on WeChat and interviews with Chinese media and real estate practitioners in Australia, we conceive that WeChat plays a vital role in forging and reproducing Chinese diasporic spaces in Australia by articulating the intersection of diasporic spatiality and mediasphere. We contend that WeChat’s affordances of the informational, interpersonal and instrumental have aided Chinese migrants and those Chinese real estate practitioners to co-constitute a social space of property talk that enables new social relations to be negotiated and social networks to be established and reinforced across China and Australia.

We can note three phases in the tradition of the readymade and appropriation since Duchamp’s Bicycle Wheel of 1913. First, they include early enactments in which the readymade posed an onto- logical challenge to artworks through the equation of commodity and art object. Second, practices in which readymades were de- ployed semantically as lexical elements within a sculpture, paint- ing, installation or projection. In a third phase, which most directly encompasses the global, the appropriation of objects, images, and other forms of content challenges sovereignty over the cultural and economic value linked to things that emerge from particular cultural properties ranging from Aboriginal painting in Australia to the ap- propriation of Mao’s cult of personality in 1990s China. This essay considers the most recent phase of the readymade in terms of its century-long history.

Pierson v. Post is widely known to both jurists and law students in relation to the question of property rights in wild animals. This article builds on Pierson v. Post and its literature by analyzing the question of ferae naturae in the context of settler and indigenous conflict on the Australian frontier in the nineteenth century. By examining both case law and the cinematic representation of the conflict over property rights on the frontier, it is argued that an understanding of the legal issues relating to ferae naturae is enhanced by an appreciation of the complexity of cross-cultural communication.

What does it mean to ‘own’ culture? What happens when one group of people borrow or appropriate the cultural property of another group? Why are some kinds of cultural property more rigorously defended than others? These are a few of the core questions that have informed my research over the past four years. My doctoral project focuses on cultural borrowing in the alternative health and spirituality movement (alias "New Age"1) in Australia. More specifically, I have been exploring the incorporation of indigenous imagery into contemporary, non-institutional forms of spiritual expression. Most of my fieldwork has been conducted ‘at home’ in Perth, Western Australia and has involved a combination of participant observation2, one-on-one interviewing and textual analysis. My intention in this paper, however, is not to provide an account of the project's outcomes, but rather to highlight some of the methodological challenges that I faced during the course of the fieldwork. These experiences have led me to think about the kinds of roles required of anthropologists who choose to explore research questions that involve working with two or more deeply divided communities. Such ‘fieldsites’ may constitute extremely uncomfortable, but potentially rich, settings for the ethnographer. These are the awkward spaces to which I refer.

The challenge of how to stop the unauthorized use of Indigenous knowledge has been firmly constituted as a problem to be solved by and managed through the legal domain. In this paper, my questions are directed to the way Indigenous knowledge has been made into a category of intellectual property law and consequently how law has sought to define and manage the boundaries of Indigenous knowledge.

Indigenous knowledge can be understood as a network of knowledge, beliefs and traditions that can be preserved and have some commercial value over time. Along with the increasing visibility of indigenous cultures in the global marketplace, there are also significant challenges. These challenges are often related to the physical destruction and utilization of indigenous lands and knowledge. The historical context and uniqueness of indigenous cultures suggest that they require greater attention and special protection under the law. From the current provisions and judgments, some individual authors have been compensated while the rights of the broader indigenous community have not been adequately protected. From an international perspective, the focus of the work of international organizations has expanded to include indigenous peoples' land claims and cultural rights. In addition to various international organizations and related instruments, a number of countries and regions are working to protect the intellectual property rights of indigenous cultures. Australia is a country that is typically faced with the protection of indigenous intellectual property. For Australia, the effective protection of indigenous knowledge remains an issue that needs to be addressed and managed through the legal realm. The positioning of indigenous knowledge in the law is complex and incomplete. Australia has played an important role at the international level, but the actual response within Australia to the international level has been minimal. Australia should therefore recognize and respond to these developments in legislation as soon as possible.

This article focuses on a seminar-conference held in Hawaii in 1936 on the “educability” of native peoples. The seminar-conference was convened by New Zealand anthropologist Felix Keesing and Yale education professor Charles Loram and supported by the Carnegie Corporation, among other organizations. Conference delegates-who came from across the Pacific, including the U.S. mainland, Australia, and New Zealand, and from as far as South Africa-joined to discuss the future of colonial education. The residential conference, which lasted several weeks, resulted in published proceedings and the establishment of extensive transpacific networks. One in a series of international congresses on education that took place during the interwar years, the 1936 Hawaii conference offers unique insight into the transnational dialogue among academics, education practitioners, colonial administrators, and, in some cases, Indigenous spokespeople, concerning the modernization of colonialism and new forms of citizenship in the era of progressive education and cultural internationalism.

A recent, unreported, focus group of international heritage practitioners from academia, urban planning, land use management and urban design, found interesting similarities and differences between Australian and German cultural built heritage (CBH) management systems. For validation, a literature review provided a methodological framework and is reported in this paper. Its objective is to confirm the principal themes elicited by the initial work, being: assessment standards, transferable development rights, heritage conservation incentives and private property rights’ management thereby contributing enhanced clarity to the broader relationship between built heritage and stakeholder roles in heritage conservation. This paper is a precursor of more detailed planned empirical, in-country study seeking further insights into stakeholder interests and value systems based on a recent developed analytical approach known as Cultural Heritage Discourse (CHD). It is recognised that this empirical component is a limiting feature of the current research but anticipated as inevitable due to the preliminary stage of enquiry. Keywords: Conservation of built heritage; cultural heritage discourse; heritage management systems; transferable development rights; Germany and Australia

This article argues that the Australia–United States Free Trade Agreement (AUSFTA) selectively recognises and affirms international conventions and agreements that promote the narrow economic self-interests of powerful groups. It does this whilst disregarding those international instruments — including the Convention on Biological Diversity and the UNESCO Universal Declaration on Cultural Diversity — that seek to recognise and promote the cultural and intellectual property rights of Indigenous people. Although AUSFTA does make some concessions for Indigenous interests by providing negative exemptions from the chapters dealing with trade in services, government procurement and investment, these concessions are relatively weak in the face of the Agreement's pursuit of free trade. Using the model of Chapter 19, which imposes positive obligations on the United States and Australia to promote environmental interests, it is proposed that future Australian FTAs should enunciate positive obligations for Australia's Indigenous people.

Purpose The purpose of this paper is to investigate success factors pertinent to the management of Indigenous businesses through the identification of points of intervention at the systemic and structural levels. Through this approach, the economic and social values that First Nations communities attach to intangible Indigenous cultural heritage (ICH) and Indigenous cultural intellectual property (ICIP) may be both recognised and realised as assets. Design/methodology/approach This paper adopts a multidisciplinary approach to address a global issue of economic and social significance to First Nation peoples, their businesses and the Australian Aboriginal communities. The authors adopt a First Nation epistemological standpoint that incorporates theoretical perspectives drawn from a diverse range of fields and theories (Preston, 2013), as well as advocate the use of Indigenist methodology for research with First Nation peoples as it is underpinned by critical race theory. Findings The authors argue conceptually that accounting, accountability and auditing consideration are required to fully identify what is impacting the successful management of Indigenous enterprises. Specifically, in relation to accounting, Elders should be included to assist in valuing the intangible ICH and ICIP assets. Furthermore, the authors emphasise the need to improve the financial and commercial literacy levels of Indigenous entrepreneurs. Practical implications The authors prescribe the use of tools for the accounting treatment of ICH and ICIP as intangible assets within an Australian regulatory environment and define an auditing process and accountability model incorporating cultural, social and environmental measures. A central tenet of this model relates to improving levels of personal and commercial financial literacy in the First Nation participants. Collectively, these factors promote informed participation and decision-making, and may promulgate more sustainable outcomes. Social implications Integrated thinking requires all these factors to be considered in a holistic manner, such that a First Nation enterprise and the wider Aboriginal and Torres Strait Islander people can understand, and make decisions based on, the overall impact it has on all their stakeholders and generally on the society, the environment and the economy. Originality/value This paper contributes to Australia’s strategic research priorities of maximising social and economic participation in society and improving the health and well-being of the Aboriginal and Torres Strait Islander people. The authors address the inability of current Western accounting standards, practices and models to suitably account for communally held and protocol-bound intangible Indigenous cultural heritage and Indigenous cultural intellectual property assets.

Recently, interest in ‘bush tucker’ foods has surged. Indigenous Australians should be empowered to determine how their knowledge is used when these products are commercialised. To exercise control over the development of the native foods industry, Indigenous Australians could establish a certification regime to ensure that their knowledge is appropriately converted into commercial products. This could be done through the strategic use of intellectual property, specifically through certification trade marks. Creating a certification mark for native foods could represent an important part of a decolonial policy agenda aimed at reimagining the regulation of native biodiversity and cultural knowledge in Australia.

The main claim of this study is that a dynamic repertoire of Indigenous linguistic conducts and judicial strategies exists in Yolngu (Australia) artworks misappropriation cases discussed before Australian courts, and that its examination helps to clarify Indigenous perspectives on the property of sacred art. This essay – covering an almost untouched field in the literature on “Indigenous intellectual property” – enlightens Yolngu judicial strategies as their answer to the conundrum between the risk of a loss of their cultural identity and the advantage potentially deriving from a state recognition of Indigenous “intellectual property” rights. This study mainly relies on Yolngu and other subjects’ affidavits released throughout five significant 1990s lawsuits. Affidavits clearly show the two-folded nature of Yolngu judicial discourse on sacred art and copyright, simultaneously insisting on and (implicitly) dismissing an interpretation of Indigenous paintings as “intellectual property”. La principal afirmación de este estudio es que hay un repertorio dinámico de conductas lingüísticas y estrategias judiciales indígenas en los casos de malversación de obras de arte yolngu (Australia) que se presentaron en juzgados australianos. El análisis de esos repertorios ayuda a esclarecer las perspectivas indígenas sobre la propiedad de arte sagrado. Este artículo –que cubre un campo casi inédito en la literatura sobre propiedad intelectual indígena– arroja luz sobre las estrategias judiciales de los Yolngu como respuesta al dilema entre el peligro de una pérdida de su identidad cultural y la posible ventaja derivada de un reconocimiento del Estado de los derechos de propiedad intelectual indígenas. Nuestro estudio se basa principalmente en las declaraciones juradas de miembros del pueblo Yolngu y de otras personas. Dichas declaraciones se realizaron durante cinco casos judiciales significativos de los años 90. Las declaraciones juradas demuestran la naturaleza dual del discurso judicial de los Yolngu sobre arte sagrado y derechos de autor, insistiendo simultáneamente en, a la vez que (implícitamente) rechazando una interpretación de las pinturas indígenas como “propiedad intelectual”.

In this article, I interrogate my work Encounters with Dr Yashoda Thakore and her guru Annabattula Mangatayaru who are from the kalavantulu community (a marginalized, banned and ostracized dance community) based in Hyderabad and Mummidivaram in Andhra and our historic collaboration with the Melbourne Symphony Orchestra (MSO). Two extremes it would seem bridged together by the work I was doing with our platform/festival Sangam, created to provide representation for marginalized, under-represented and racialized South Asian artists in Melbourne, Victoria. Based on my research that spans fifteen years, the Encounters performance reveals the story of five South Indian dancers (known as devadasi/kalavantulu) and three musicians who toured to Paris in 1838, at a time when India was colonized by France. One significant encounter occurred in Paris when a teenaged dancer called Ammany and the rest of the troupe met several composers in Vienna including Johann Strauss I and Joseph Lanner. The MSO had been playing some pieces from this encounter (Indianner Galopp and Malapou Galopp) not aware of its historic intercultural significance. Yashoda and her guru were also performing fragments of their repertoire descended from Ammany not aware of this connection. My research forms the third part of this puzzle; of knowing only fragments until all of us came together. Each of us contributed to the anti-colonial experimental piece that was created, but whose story was this? Who had the rights to perform this story? To engage in this question, I explore the idea of cultural property and intellectual property (IP) rights, licensing and copyright agreements to embark upon a moral and ethical framework not used usually in Australian–Indian performance praxis. I draw from my work with BlakDance and its First Nations IP process to question and interrogate the complexities of sharing stories, the politics of making intercultural work in Australia and examine who profits from this process whether it is economic, symbolic, political or via cultural capital and propose a cultural IP framework for the global majority in Australia.

The text of the Australia–United States Free Trade Agreement (AUSFTA), released in early March 2004, makes more concessions than many in Australia's audiovisual and cultural industries might have hoped, but less than they feared. Its precise impact will depend on how ‘new media’ replaces, subsumes or supplements ‘old media’, and how quickly. AUSFTA institutionalises much lower aspirations about the level of Australian content in emerging media systems than Australians have come to expect in broadcast television. Some will interpret this simply as an articulation of the policy impotence which will inevitably flow from technological change. Others will recognise it as a partial, but historic, concession of Australian policy capacity and a broad acceptance of the long-standing US agenda for the information economy — long and tough protections for intellectual property rights, but increasingly liberal global markets for trading them. This article explains the provisions of AUSFTA and examines their effect on Australian audiovisual and cultural activities.

This article examines the issues surrounding the appropriation of indigenous culture, in particular art. It discusses the nature and context of Aboriginal and Torres Strait Islander art in Australia in order to establish why appropriation and reproduction are important issues. The article outlines some of the ways in which the Australian legal system has attempted to address the problem and looks at the recent introduction of the Label of Authenticity. At the same time, the article places these issues in the context of indigenous self-determination and examines the problematic use of such concepts as “authenticity.” Finally, the article looks beyond the Label of Authenticity and existing law of intellectual and cultural property, to sketch another possible solution to the problem.

Many who study colonialism have noted that the same words used by the colonizer to describe the colonized—“dirty,” “backward,” “uncultured,” and “possessing an improper understanding of the value of work and property”—were often identical to those that rich people used to describe the poor. They were the terms the “modern” used to describe the “not yet modern”; the urban the rural; the educated the uneducated. To use a British example: Those who wrote from positions of power (the urban, educated bourgeoisie) looked down upon, first, the urban poor, then the rural poor, then the Scottish, then the “half-civilized” Natives of North America; then, finally, they squinted from on high upon the Aborigines of Australia. All of these groups fell short of the “norm,” the way the colonizer understood the very height of modern progress. All of these groups were “lacking” something. Thus, in sometimes surprising ways, colonialism merely seems to be another manifestation of the exertion of power over the powerless, a relationship much closer to that of “class” than many expect. This is especially so in a field that produces much of the best work in cultural history, and where anything hinting at old-fashioned “labor history” is gauche (no pun intended). Yet, as the authors of the books under review argue, understandings of labor and property, and the manner with which they are tied to an understanding of nature, are more fundamental to the history of modern colonialism than, for example, race, the latter a category almost always invoked by the colonizer in a completely instrumental fashion.

This article examines the scientific and political background and the multiple changes in ownership of the Aboriginal artefacts from Australia collected by the German physical anthropologist Hermann Klaatsch. Originally, Klaatsch travelled to Australia in 1904 in search of the origins of humanity. However, the lack of evidence for the ‘Out of Australia’ theory and the requests by German Museums of Ethnology to collect artefacts for their institutions led to Klaatsch becoming a full-time collector of cultural artefacts, especially during his time in the Wet Tropics. He inscribed the artefacts and sent them to Germany in several shipments to various museums where they were later re-united, displayed and redistributed. Upon his return to Germany in 1907 Klaatsch was appointed professor of anthropology at Breslau University. He took there a portion of his artefact collection for his own teaching and study purposes. Due to political changes in central Europe after the Second World War, this collection was transferred to Warsaw, Poland, in 1953. New ownership insignia were applied while others were (partly) erased. Through these transformations the artefacts became encoded with a rich history and new meanings. A detailed study of Klaatsch’s historical documents allows cross-referencing of the artefacts to the original localities and circumstances of their acquisition. Thus, more than one hundred years after first being collected, the artefact transactions and property claims can be re-assessed.

Abstract The recent historiography of Chinese in Australia has emphasised their vigorous formation of a local identity and community even in the face of recurrent and expanding threats of exclusion from colonial life. In their ready embrace of legal remedies to redress what they saw as discrimination or other harms, the Chinese were exemplar colonial settlers who looked to the law to protect them. In colonial appeal courts, Chinese litigants challenged migration controls, contested convictions under opium restriction and gambling laws, sought equitable outcomes in property inheritance and challenged exclusionary regulation under the Factory Acts. In contrast to another kind of history of the Chinese in Australian law, as defendants in criminal prosecution, this article draws attention to the Chinese engagement in legal remedies as an assertion of their entitlement to recognition and fair play.

ABSTRACTAmid a renewed push to extract water for agriculture and mining, Indigenous advocacy in northern Australia has resulted in the introduction of a new water allocation mechanism: a reserve of water to be retained for the use and benefit of Indigenous communities. Our socio‐legal analysis of the Oolloo Water Allocation Plan shows that the Strategic Aboriginal Water Reserves carry essential hallmarks of neoliberal property relations and are founded in the modernist mode of regulating extracted water as a commodity divisible from land, amenable to partitioning and disarticulated from socio‐cultural relations. Informed by ethnographic material from the Daly River region gathered over almost a century, we describe the hydro‐social relations that are created through customary traditions and practices, water planning and licencing, and the interaction between different scales of water movement and decision‐making by both the state and Traditional Owners. The paper contributes in several ways to research that has identified ontological conflicts as central to disagreements over water and pointed to the difficulty of articulating theoretical framings of ontological difference with the practical work of water negotiations. It shows how the new Indigenous water rights discourse that coincided with the commodification of water in wider Australia shaped the way in which Aboriginal people of this region have more recently articulated their relationships to the Daly River and the limits to state recognition of those relationships. We find that the Reserve model is unable to recognize the capacity of water to connect and unify people and other beings, as well as to define boundaries between them. Within a regime that facilitates resource extraction, a limited opening has been created for Aboriginal people to benefit from this model of economic development, yet we argue that there is reason to fear that the divisions the Aboriginal Water Reserve enacts between waters and land presents significant socio‐cultural risks.

Globally there is an increase in the social and economic impacts of all natural hazards, and especially those that are generated by weather systems. Climate change is a part of this process, but it is most likely that long-term climate change will first become evident as an increase in natural disasters, especially flooding and drought. However, a major cause of increasing natural disasters is the growth and relocation of population, concentrating into complex urban settlements that proliferate infrastructure and property in vulnerable floodplains and the coastal fringe. While Australia has experienced a decline in the loss of life from natural hazards, the loss to business, agriculture and the economy in general has increased exponentially. Weather generated natural disasters dominate the total disaster bill. Vulnerability to natural hazards may be reduced through hazard education and effective warnings. The communication of weather information is inevitably a top down process. Understanding of information and in particular, warnings about hazardous events involves a public safety transfer of knowledge from highly specialised scientists through emergency managers, local politicians and the media, to every member of society. Research shows that selection, interpretation and expression of information and warnings occurs at institutional and societal levels. Both the media and the general public select, re-interpret, and weigh up information about weather and hazards, applying a complex set of attitudes, perceptions, experience and misinformation to the initial message. An understanding of how people interpret the message is essential to the accuracy and safety of warnings and forecasts. Examples and case studies from post-disaster and behavioural research carried out by the Centre for Disaster Studies, and hazard events illustrate the issues of understanding the message. 1

We provide evidence that the roughness of chords—a psychoacoustic property resulting from unresolved frequency components—is associated with perceived musical stability (operationalized as finishedness) in participants with differing levels and types of exposure to Western or Western-like music. Three groups of participants were tested in a remote cloud forest region of Papua New Guinea (PNG), and two groups in Sydney, Australia (musicians and non-musicians). Unlike prominent prior studies of consonance/dissonance across cultures, we framed the concept of consonance as stability rather than as pleasantness. We find a negative relationship between roughness and musical stability in every group including the PNG community with minimal experience of musical harmony. The effect of roughness is stronger for the Sydney participants, particularly musicians. We find an effect of harmonicity—a psychoacoustic property resulting from chords having a spectral structure resembling a single pitched tone (such as produced by human vowel sounds)—only in the Sydney musician group, which indicates this feature’s effect is mediated via a culture-dependent mechanism. In sum, these results underline the importance of both universal and cultural mechanisms in music cognition, and they suggest powerful implications for understanding the origin of pitch structures in Western tonal music as well as on possibilities for new musical forms that align with humans’ perceptual and cognitive biases. They also highlight the importance of how consonance/dissonance is operationalized and explained to participants—particularly those with minimal prior exposure to musical harmony.

Anthropologists have long recognized that Australian aboriginal cultures have a rich repertoire of cognitive achievements, and they have contrasted this richness with the relative impoverishment of their technological repertoire. However, despite the richness of the cognitive repertoire, the anthropological literature contains no overall inventory for any aboriginal cultural group. McKnight's monograph is the first work that covers everything: social structure (including kinship), myth, ritual, dancing, property structure, and biological classification. The quality of the scholarship is very high. At the time of writing, McKnight had worked with the Lardil for 30 years, including 16 field trips, with a total time of residence among the Lardil of more than five years. After completing an MA on West African materials under Darryl Forde, he switched to Australia, where he also worked with the Wik-mungkan and a number of other groups. The present monograph is the first of a projected trilogy; work is under way now on the second volume, a monograph on marriage, sorcery, and violence. In recent years, McKnight has been involved, on behalf of the Lardil, in negotiations with the Australian government for land claims.

This paper evaluates the underwriting approach of property insurance by comparing the total premium per person and affordability per person, using the ARIMA model to predict the underwriting decisions in Japan and Turkey for the next five years, combining factors such as population density and economic development on a smaller regional scale, and establishing a second model, the FRA. applying the theory of catastrophic factors, the Fuzzy Risk Assessment Model calculates the causal factor intensity risk values and vulnerability values to derive a more accurate integrated risk assessment value. Afterwards, the URA model is applied to the problem of community siting in Australia and the C-GIS model is established. By analysing factors such as terrain data, population distribution and average temperature to determine suitable locations for development, the URA model is added to analyse the risk level under extreme weather and generate satellite maps for real estate siting. Finally, buildings of cultural or community importance in the area are considered, and a DPB model is built to solve the risk scoring and protection method using EWM-TOPSIS, which is classified into three levels: relocation protection, restricted protection and normal protection.

This paper evaluates the underwriting approach of property insurance by comparing the total premium per person and affordability per person, using the ARIMA model to predict the underwriting decisions in Japan and Turkey for the next five years, combining factors such as population density and economic development on a smaller regional scale, and establishing a second model, the FRA. applying the theory of catastrophic factors, the Fuzzy Risk Assessment Model calculates the causal factor intensity risk values and vulnerability values to derive a more accurate integrated risk assessment value. Afterwards, the URA model is applied to the problem of community siting in Australia and the C-GIS model is established. By analysing factors such as terrain data, population distribution and average temperature to determine suitable locations for development, the URA model is added to analyse the risk level under extreme weather and generate satellite maps for real estate siting. Finally, buildings of cultural or community importance in the area are considered, and a DPB model is built to solve the risk scoring and protection method using EWM-TOPSIS, which is classified into three levels: relocation protection, restricted protection and normal protection.

Feral camels have significant negative impacts on the environment and the social/cultural values of Aboriginal people. These impacts include damage to vegetation through feeding behaviour and trampling; suppression of recruitment in some plant species; damage to wetlands through fouling, trampling, and sedimentation; competition with native animals for food, water and shelter; damage to sites such as waterholes, that have cultural significance to Aboriginal people; destruction of bushfood resources; reduction in Aboriginal people’s enjoyment of natural areas; creation of dangerous driving conditions; damage to people and vehicles due to collisions, and being a general nuisance in remote settlements. Negative economic impacts of feral camels mainly include direct control and management costs, impacts on livestock production through camels competing with stock for food and other resources and damage to production-related infrastructure. The annual net impact cost of feral camels was estimated to be –$10.67 million for those elements that could be evaluated according to market values. We established a positive density/damage relationship for camels and infrastructure on pastoral properties, which is likely to hold true for environmental variables and cultural/social variables as well. Therefore, irrespective of climate change, the magnitude of the negative impacts of feral camels will undoubtedly increase if the population is allowed to continue to increase. Furthermore, the likelihood that camels would be epidemiologically involved in the spread of exotic diseases like bluetongue and surra (were there to be outbreaks of these diseases in Australia) is also very likely to increase with population density. On the basis of our present understanding, we recommend that feral camels be managed to a long-term target density of 0.1–0.2 camels/km2 at property to regional scales (areas in the order of 10 000–100 000 km2) in order to mitigate broad-scale negative impacts on the environmental, social/cultural and production assets of the Australian rangelands.

This paper unravels the critical aspect of science and technology through research and development indicators as sources, drivers, and predictors of economic growth from the perspective of two developing countries, namely: Philippines and Thailand (ASEAN), and two developed economies, namely: Japan and Australia (ASEAN-X) in Asia-Pacific Region. The data set ranges from 1980 to 2019 and is collected from World Development Indicators of the World Bank, Institute for Statistics of United Nations Educational, Scientific and Cultural Organization (UNESCO), and World Intellectual Property Organization (WIPO). Research and Development (R&D) is a tool for generating new knowledge and serves as input for technological advancement. In the long run, it has been proven that technology can sustain permanent economic development in the economy. In developed economies, the nexus between the aforementioned variables is robust and significant. Thus, the R&D indicators can be used as a predictor of economic growth. However, in developing economies, the nexus of variables involved is negligible and insignificant. Hence, the R&D indicators cannot be effectively utilized as a predictor of economic growth. Furthermore, the study combined the two sets of panel data and a relevant conclusion was drawn. A country-panel regression and causality analysis were performed based on the empirics of macroeconomics.

The difference between cation and anion concentrations is an important property when assessing feed for dry dairy cows in order to avoid hypocalcaemia following calving. Dietary cation–anion difference (DCAD) is used to assess suitability of feed and predict the risk of milk fever; a value of –5 cmol(+)/kg dry matter (DM) or less is desirable. This work has examined the DCAD of 16 field-grown species found in pasture in southern Australia. The DCAD [cmol(+)/kg DM] at the flowering stage varied from 7 to 32 for grasses, 21 to 72 for legumes and 72 to 99 for dicot weeds. The average DCAD for legumes was 50 cmol(+)/kg DM, over 2-fold higher than the 20 cmol(+)/kg DM average for grasses. There was a substantial decline in DCAD of herbage as the season progressed. In a glasshouse experiment with five grass species in an acid soil, lime application increased yield and tended to lower the DCAD. Lime decreased uptake per unit root length of potassium and chlorine and increased uptake of calcium by phalaris and timothy. While DCAD is an important attribute of herbage for assessing its suitability for prepartum diets of dairy cows, the present data indicate that it would be prudent to also consider concentrations of calcium and other mineral nutrients in herbage, particularly when examining less familiar plant species or the effects of different cultural practices on the composition of herbage for such diets.

Abstract. Extreme wildfires are global phenomena that consistently result in loss of life and property and further impact the cultural, economic and political stability of communities. In their most severe form they cause widespread devastation of environmental assets and are capable of impacting the upper troposphere/lower stratosphere through the formation of a thunderstorm within the plume. Such fires are now often observed by a range of remote-sensing technologies, which together allow a greater understanding of a fire's complex dynamics. This paper considers one such fire that burnt in the Blue Mountains region of Australia in late November 2006, which is known to have generated significant pyrocumulonimbus clouds in a series of blow-up events. Observations of this fire are analysed in detail to investigate the localised processes contributing to extreme fire development. In particular, it has been possible to demonstrate for the first time that the most violent instances of pyroconvection were driven by, and not just associated with, atypical local fire dynamics, especially the fire channelling phenomenon, which arises due to an interaction between an active fire, local terrain attributes and critical fire weather and causes the fire to rapidly transition from a frontal to an areal burning pattern. The impacts of local variations in fire weather and of the atmospheric profile are also discussed, and the ability to predict extreme fire development with state-of-the-art tools is explored.

Abstract. Extreme wildfires are global phenomena that consistently result in loss of life and property, and further impact the cultural, economic and political stability of communities. In their most extreme form they cause widespread devastation of environmental assets and are capable of impacting the upper troposphere–lower stratosphere through the formation of a thunderstorm within the plume. Such fires are now often observed by a range of remote sensing technologies, which together allow a greater understanding of a fire's complex dynamics. This paper considers one such fire that burnt in the Blue Mountains region of Australia in late-November 2006, that is known to have generated significant pyrocumulonimbus clouds in a series of blow-up events. Observations of this fire are analysed in detail to investigate the localised processes contributing to extreme fire development. In particular, it has been possible to demonstrate for the first time that the most severe instances of pyroconvection were driven by, and not just associated with, extreme local fire dynamics, especially the fire channelling phenomenon, which arises due to an interaction between an active fire, local terrain attributes and critical fire weather, and causes the fire to rapidly transition from a frontal to an areal burning pattern. The impacts of local variations in fire weather and of the atmospheric profile are also discussed, and the ability to predict extreme fire development with state-of-the-art tools is explored.

Nankeen Kestrels Falco cenchroides raised three fledglings each year from 2018 to 2020 in nests in hollows of remnant eucalypts on a farm near Deans Marsh in southern Victoria. Observations were made each year of the adults feeding the chicks during foraging sessions, enabling the prey items and estimated feeding and hunting rates to be assessed. Skinks (Scincidae) formed a substantial proportion of the prey items delivered to the chicks. The delivery rate of prey by the male feeding a brood of three—6.0 items/h in 2018 and 2019, and 11.2 items/h in 2020 over 1.2 h—was at the high end of rates previously reported in which vertebrates made up the bulk of the prey. The breeding success of the Kestrels at the study site (three fledglings per nest) was at the high end of results of studies elsewhere in Australia (1–4 fledglings per nest started). Farming practices on this property have been designed to encourage wildlife including skinks, and this might have contributed to the high breeding success of the Kestrels.

Abstract This article provides a detailed ethnographic intervention to the phenomenon of value-added agriculture, a discourse that has attained several concrete forms in Australian wine industry policy, and which is routinely presented as a legitimate rural future in wider agricultural and social science research. The legal and policy architecture of 'Geographical Indications' purports to value the regional distinctiveness of agricultural areas, by creating legally-defined wine regions. Producers from these wine regions enjoy privileged access to the use of regional descriptors that apply to their products, and the constitution of such wine regions can also codify the relationships between this regional identity and concrete viticultural and winemaking practices. This article draws on ethnographic research within the Clare Valley region of South Australia, one of the first Australian wine regions to be formally constituted as a legal entity, to examine in close detail the relationships that this region's wine producers have with their own discrete areas of operation. These ethnographic illustrations highlight that the creation of economic value within the premium wine industry cannot be reduced to the technical aspects of viticulture and oenology, nor the legal and policy means by which relationships between products and land are codified. Rather, the nuanced social understandings of landscape that wine producers are consistently developing is a critical element of cultural and commercial infrastructure that affords any wine producer or grape grower the possibility of achieving monopolistic relationships over discrete vineyard areas and the wine that is produced from them. These social understandings have a specifically egalitarian character that acts as a hedge against the chronic uncertainties arising from the global economic environment in which premium wine industry is inescapably a part. This resistance to codification, I argue, is a productive space that constitutes a form of resilience against chronically unstable sets of commercial and environmental conditions. Keywords: monopoly, regional rents, occupational discourse, intellectual property, Geographic Indications, Australian agrarian futures

Purpose: The impact of insurance market activity within financial development is gaining more attention in academia, as the sector experiences growth within emerging markets. The paper aims to understand which macro-economic and social variables impact the growth or decline of the non-life insurance sector broadly across European countries with a view to provide recommendations to drive increased penetration across the region. Methodology: Using Fixed Effects Panel Data Regression and annual data from 1990 to 2021 on 10 countries, the study examines the explanatory factors of non-life insurance demand in European countries (Australia, France, Austria, Italy, Canada, Luxemburg, Denmark, Norway, Finland and Portugal). Findings: The study found that GDP, and urbanization and education rates have a significant negative impact on non-life insurance penetration and density; urbanization, religion, education level and rule of law can explain positively variation in non-life insurance density and penetration across countries. Countries with higher urbanization levels, higher education level, Christian or Buddhist beliefs and more effective rule of law spend more on non- life insurance than other countries. The control of corruption and government effectiveness explain negatively variance in non-life insurance. Unique Contribution to Theory, Practice and Policy: Notably, governments can develop the non-life insurance sector through policies that support urbanization.Similarly, ensuring an environment that promotes economic freedom (such as low tariff, high personal choice, low government spending and high security of property rights) could be an effective way of promoting non-life insurance demand. In contrast, policies that help to reduce the rate of urbanization may yield a double dividend: less population and congestion in cities and better opportunities for the development of non-life insurance markets. Also, countries with high level of education, can develop the development of non- life insurance demand. Among many socio-economic factors such as income, urbanization and education level, our analysis suggests that cultural dimensions such as beliefs and rule of law play a role.

- Martin Baier, Sri Kuhnt-Saptodewo, Zum Seelengeliet bei den Ngaju am Kahayan; Auswertung eines Sakraltextes zur Manarung-Zeremonie beim totenfest. München: Akademischer Verlag,1993 (PhD thesis, Ludwig-Maximilian-Universitiy München). - H.J.M. Claessen, Annette B. Weiner, Inalienable Possessions; The paradox of keeping-while-giving. Berkeley: University of California Press, 1992, 232 pp. Bibl. Index - Charles A. Coppel, Wang Gungwu, Community and Nation; China, Southeast Asia and Australia. Sydney: Asian studies of Australia in association with Allen & Unwin, 1992 (2nd revised edition), viii + 359 pp - Heleen Gall, W. J. Mommsen, European expansion and Law; the encounter of European and Indigenous Law in 19th- and 20th- century Africa and Asia. Oxford; Berg publishers, 1992, vi + 339 pp, J.A. de Moor (eds.) - Beatriz van der Goes, C. W. Watson, Kinship, Property and inheritance in Kerinci, Central Sumatra. Canterbury:University of Kent, Centre for Social Anthropology and computing Monographs no: 4. South-East Asian Series, 1992, ix + 255 pp - Kees Groeneboer, Tom van der Berge, Van Kenis tot kunst; Soendanese poezie in de koloniale tijd. Proefschrift Rijksuniversiteit Lieden, November 1993, 220 pp - Kees Groeneboer, J.E.A.M. Lelyveld, ‘... waarlijk geen overdaad, doch een dringende eisch..’’; Koloniaal onderwijs en onderwijsbeleid in Nederlands-Indië 1893-1942. Proefschrift Rijksuniversiteit Utrecht, 1992. - Marleen Heins, R. Anderson Sutton, Variation in Central Javanese gamelan music; Dynamics of a steady state. Northern Illinois University: Center for Southeast Asian Studies, Monograph series on Southeast Asia, (Special Report 28 ),1993. - Marleen Heins, E. Heins, Jaap Kunst, Indonesian music and dance; Traditional music and its interaction with the West. Amsterdam: Royal Tropical Institute/Tropenmuseum, University of Amsterdam, Ethnomusicology Centre `Jaap Junst’, 1994, E. den Otter, F. van Lamsweerde (eds.) - David Henley, Harold Brookfield, South-East Asia’s environmental future; The search for sustainability. Tokyo: United Nations University Press, Kuala Lumpur: Oxford University Press, 1993, xxxii + 422 pp., maps, tables, figures, index., Yvonne Byron (eds.) - Antje van der Hoek, Keebet von Benda-Beckmann, De emancipatie van Molukse vrouwen in Nederland. Utrecht: Van Arkel,1992, Francy Leatemia-Toma-tala (eds.) - Michael Hitchcock, Brita L. Miklouho-Maklai, Exposing Society’s Wounds; Some aspects of Indonesian Art since 1966. Adelaide: Flinders University Asian studies Monograph No.5, illustrations, 1991, iii + 125 pp - Nico Kaptein, Fred R. von der Mehden, Two Worlds of Islam; Interaction between Southeast Asia and the Middle East.Gainesville etc: University Press of Florida 1993, xiii + 128 pp - Nico Kaptein, Karel Steenbrink, Dutch Colonialism and Indonesian Islam; Contacts and Conflicts 1596-1950. Amsterdam-Atlanta, GA: Rodopi, 1993. - Harry A. Poeze, Rudolf Mrázek, Sjahrir; Politics and exile in Indonesia. Ithaca, N.Y.: Cornell University, Southeast Asia Program, 1994. - W.G.J. Remmelink, Takao Fusayama, A Japanese memoir of Sumatra 1945-1946; Love and hatred in the liberation war. Ithaca: Cornell University (Cornell Modern Indonesia Project Monograph series 71), 1993, 151 pp., maps, illustrations. - Ratna Saptari, Diana Wolf, Factory Daughters; Gender, Household Dynamics, and Rural Industrialization in Java. Berkeley: University of California Press, 1992. - Ignatius Supriyanto, Ward Keeler, Javanese Shadow Puppets. Singapore (etc.): Oxford University Press, 1992, vii + 72 pp.,bibl., ills. (Images of Asia). - Brian Z. Tamanaha,S.J.D., Juliana Flinn, Review of diplomas and thatch houses; Asserting tradition in a changing Micronesia. Ann Arbor: University of Michigan Press, 1992. - Gerard Termorshuizen, Dorothée Buur, Indische jeugdliteratuur; Geannoteerde bibliografie van jeugdboeken over Nederlands-Indië en Indonesië, 1825-1991. Leiden, KITLV Uitgeverij, 1992, 470 pp., - Barbara Watson Andaya, Reinout Vos, Gentle Janus, merchant prince; The VOC and the tightrope of diplomacy in the Malay world, 1740-1800. Leiden: KITLV Press, 1994, xii + 252 pp.

Bali is one of the national cultural heritages, which is endlessly praised in various essays and research results, then becomes a reference and promotion as an exotic island that inspires the rise of world tourism. Tourism encourages investment in hospitality, restaurants, transportation, trade, property, the creative economy sector and others. Investment, changing the function of agriculture into hospitality and transforming the work of farmers into services. Major changes in the mind-set of rural farmers to urban services. This change is not accompanied by a significant expansion of public participation, because tourism is concentrated in capital due to legal limitations that favoring on investors. The government is trying to make corrections, through the following steps, namely: (1) through ASEAN economic cooperation, Indonesia-Australia bilateral cooperation (IA-CEPA) and other countries, (2) deregulation in the fields of investment, land by granting usufructuary rights over land; and (3) encourage community participation through agrarian reform. These steps are important means, as a trigger for the awakening of the awareness of the basis of national economic development which Article 33 paragraph (1) of the 1945 Constitution of the Republic of Indonesia, determines that "The economy is organized as a joint effort based on the principle of kinship". The constitution requires collective ownership of a company, mutual benefit. The national economy is designed as a joint effort based on the "family principle", in the form of cooperatives, which put the emphasize on the element of participation rather than the concentration of capital. Article 2 of the Bacis Agrarian Law (BAL) constitutes the implementing regulation of Article 33 paragraph (3) of the 1945 Constitution, explaining the control of natural resources by the state, namely "Earth and water and the natural resources contained therein are controlled by the state and used for the greatest prosperity of the people Article 33 paragraph (4) The national economy is organized based on a democratic economy based on the principle of togetherness, so conceptually it can be formulated that community participation in provision of Foreigner Housing is a form of empowerment, recognition of community rights in efforts to improve community welfare and as mandates for the implementation of the 1945 Constitution of the Republic of Indonesia, Articles 42 and 45 of the BAL in granting usufructuary rights to foreigners/ Foreign Legal Entity.

The article examines the role of the tourism industry in the world economy, reveals the specifics of the innovation process in tourism. The classification of innovations in tourism according to the object of their application is given. The main directions of using innovative marketing technologies in the field of tourism services are considered: release of new types of tourism product, change in the organization of production and consumption, identification and use of new markets, as well as the use of new equipment and technology. Factors that accelerate the introduction of marketing innovations are studied. Based on the analysis of world experience, several models of regulation of innovative tour operating activities in the EU have been identified. The first direction of formation of the model of the innovations development in tourism is the activity of stimulating innovations in the public and private sectors of tourism with the aim of their transition to a qualitatively new model of touring (similar model is used in Greece, Italy and Portugal). The second direction is defined as the internationalization and opening of new markets (a similar model of stimulating innovative development is typical of Spain, Romania and partly Norway). The third one includes support for entrepreneurship in the field of tourism, stimulation of entrepreneurial initiatives, opening a new tourism business (A similar model of stimulating innovation in tourism is typical of many countries in Europe, Australia, New Zealand). The fourth direction is the promotion of the country, its tourism product, including educational and cultural ones (A similar model is typical of Bulgaria, Croatia, Spain, Turkey, Thailand). The role of introduction and active development of e-business and marketing technologies is defined, especially in modern conditions. The necessity of development of the newest directions of the Internet marketing in the field of tourism, including mobile, Internet branding and geomarketing, is proved. The role of innovative marketing technologies as one of the central elements of modern development of activity of tourist firms, the necessity of application of computer technologies and non-standard ways of giving of the information during carrying out modern technical maintenance, are justified. The first group of such technological solutions consists of management technologies, including property management system (PMS), aimed at optimization of basic technological operations. The modern hotels and chains are trying to present themselves not only in global distribution system (GDS), which has become a powerful advertising tool, but also in alternative distribution system (ADS), which is primarily needed by hotels focused on the business segment. Global distribution system (GDS) is also closely integrated into well-known booking systems such as Booking.com, HRS, Agoda, Travelocity, Expedia etc. The next group is for food and beverages inventory management technology (F&B). The group of marketing technologies includes search engine optimization measures (SEO and PPC), which allow to raise the hotel site in search engine rankings, E-mail Marketing as a means of maintaining constant communication with the client, marketing activities in social media (Social Media Optimization), creation of virtual hotels or illusions of visiting a hotel (Second Life and Virtual Hotels Conclusion), branding, etc. The last group of technologies are service ones, i.e. technologies for improving hotel products and services. Innovative technologies are developing in the direction of ensuring sustainable development (greening of hotel services and activities), inclusion in traditional technological operations of innovative components: electronic concierge terminals, access to hotel services via mobile devices, maximizing Internet access, etc. Based on the analysis of the activities of large tour operators, regional differences have been identified in Turkey, Greece, Croatia, Spain, Austria, Norway and France. It is proved that marketing innovations in tourism have a qualitative novelty, which affects the promising areas of tourism development, improvement of existing tourism products, improving the image and competitiveness of the tourism industry. Based on the study, it is generalized that the role of marketing innovations in international tourism has been growing every year, and it has become especially relevant in the conditions of the COVID-19 crisis. For travel companies, the effect of marketing innovation can be expressed in the qualitatively new changes in the tourism industry, improving the efficiency of tourism infrastructure, management of sustainable operation and development of tourism in the country and the formation, positioning and consumption of tourism services, improving the image and competitiveness of travel companies.

Communication via large-scale international and national scientific forums is one of the effective technologies in the academic area. The paper explores the practices and outcomes of the largest domestic and foreign congresses held in 2018, such as the 24th World Congress of Philosophy held in Beijing, China, in August, the 25th World Congress of Political Science (Brisbane, Australia, July) and the 8th All-Russian Congress of Political Scientists (Moscow, Russia, December). The authors analyse the content of these events discussing the functions and role of academic congresses in the development of social-humanistic sciences. They strive to avoid bias in evalua­ti­ng the organization of congresses, assess the content and quality of Russian congresses against the backdrop of growing international political scientist community. The paper explores the similarities and differences between the global and Russian national congresses. The researchers conclude that the latter have reached a level largely comparable to the global level of world congres­ses by their content and functions over the past two decades. The obtained insights provide the basis for judgment on the desirability of expanding the agenda in the domestic political science by including issues of a post-digital cultural dialogue and deep transformation of the global order.

In its preamble, The Western Australian Charter of Multiculturalism (WA) commits the state to becoming: “A society in which respect for mutual difference is accompanied by equality of opportunity within a framework of democratic citizenship”. One of the principles of multiculturalism, as enunciated in the Charter, is “equality of opportunity for all members of society to achieve their full potential in a free and democratic society where every individual is equal before and under the law”. An important element of this principle is the “equality of opportunity … to achieve … full potential”. The implication here is that those who start from a position of disadvantage when it comes to achieving that potential deserve more than ‘equal’ treatment. Implicitly, equality can be achieved only through the recognition of and response to differential needs and according to the likelihood of achieving full potential. This is encapsulated in Kymlicka’s argument that neutrality is “hopelessly inadequate once we look at the diversity of cultural membership which exists in contemporary liberal democracies” (903). Yet such a potential commitment to differential support might seem unequal to some, where equality is constructed as the same or equal treatment regardless of differing circumstances. Until the past half-century or more, this problematic has been a hotly-contested element of the struggle for Civil Rights for African-Americans in the United States, especially as these rights related to educational opportunity during the years of racial segregation. For some, providing resources to achieve equal outcomes (rather than be committed to equal inputs) may appear to undermine the very ethos of liberal democracy. In Australia, this perspective has been the central argument of Pauline Hanson and her supporters who denounce programs designed as measures to achieve equality for specific disadvantaged groups; including Indigenous Australians and humanitarian refugees. Nevertheless, equality for all on all grounds of legally-accepted difference: gender, race, age, family status, sexual orientation, political conviction, to name a few; is often held as the hallmark of progressive liberal societies such as Australia. In the matter of religious freedoms the situation seems much less complex. All that is required for religious equality, it seems, is to define religion as a private matter – carried out, as it were, between consenting parties away from the public sphere. This necessitates, effectively, the separation of state and religion. This separation of religious belief from the apparatus of the state is referred to as ‘secularism’ and it tends to be regarded as a cornerstone of a liberal democracy, given the general assumption that secularism is a necessary precursor to equal treatment of and respect for different religious beliefs, and the association of secularism with the Western project of the Enlightenment when liberty, equality and science replaced religion and superstition. By this token, western nations committed to equality are also committed to being liberal, democratic and secular in nature; and it is a matter of state indifference as to which religious faith a citizen embraces – Wiccan, Christian, Judaism, etc – if any. Historically, and arguably more so in the past decade, the terms ‘democratic’, ‘secular’, ‘liberal’ and ‘equal’ have all been used to inscribe characteristics of the collective ‘West’. Individuals and states whom the West ascribe as ‘other’ are therefore either or all of: not democratic; not liberal; or not secular – and failing any one of these characteristics (for any country other than Britain, with its parliamentary-established Church of England, headed by the Queen as Supreme Governor) means that that country certainly does not espouse equality. The West and the ‘Other’ in Popular Discourse The constructed polarisation between the free, secular and democratic West that values equality; and the oppressive ‘other’ that perpetuates theocracies, religious discrimination and – at the ultimate – human rights abuses, is a common theme in much of the West’s media and popular discourse on Islam. The same themes are also applied in some measure to Muslims in Australia, in particular to constructions of the rights of Muslim women in Australia. Typically, Muslim women’s dress is deemed by some secular Australians to be a symbol of religious subjugation, rather than of free choice. Arguably, this polemic has come to the fore since the terrorist attacks on the United States in September 2001. However, as Aly and Walker note, the comparisons between the West and the ‘other’ are historically constructed and inherited (Said) and have tended latterly to focus western attention on the role and status of Muslim women as evidence of the West’s progression comparative to its antithesis, Eastern oppression. An examination of studies of the United States media coverage of the September 11 attacks, and the ensuing ‘war on terror’, reveals some common media constructions around good versus evil. There is no equal status between these. Good must necessarily triumph. In the media coverage, the evil ‘other’ is Islamic terrorism, personified by Osama bin Laden. Part of the justification for the war on terror is a perception that the West, as a force for good in this world, must battle evil and protect freedom and democracy (Erjavec and Volcic): to do otherwise is to allow the terror of the ‘other’ to seep into western lives. The war on terror becomes the defence of the west, and hence the defence of equality and freedom. A commitment to equality entails a defeat of all things constructed as denying the rights of people to be equal. Hutcheson, Domke, Billeaudeaux and Garland analysed the range of discourses evident in Time and Newsweek magazines in the five weeks following September 11 and found that journalists replicated themes of national identity present in the communication strategies of US leaders and elites. The political and media response to the threat of the evil ‘other’ is to create a monolithic appeal to liberal values which are constructed as being a monopoly of the ‘free’ West. A brief look at just a few instances of public communication by US political leaders confirms Hutcheson et al.’s contention that the official construction of the 2001 attacks invoked discourses of good and evil reminiscent of the Cold War. In reference to the actions of the four teams of plane hijackers, US president George W Bush opened his Address to the Nation on the evening of September 11: “Today, our fellow citizens, our way of life, our very freedom came under attack in a series of deliberate and deadly terrorist acts” (“Statement by the President in His Address to the Nation”). After enjoining Americans to recite Psalm 23 in prayer for the victims and their families, President Bush ended his address with a clear message of national unity and a further reference to the battle between good and evil: “This is a day when all Americans from every walk of life unite in our resolve for justice and peace. America has stood down enemies before, and we will do so this time. None of us will ever forget this day. Yet, we go forward to defend freedom and all that is good and just in our world” (“Statement by the President in His Address to the Nation”). In his address to the joint houses of Congress shortly after September 11, President Bush implicated not just the United States in this fight against evil, but the entire international community stating: “This is the world’s fight. This is civilisation’s fight” (cited by Brown 295). Addressing the California Business Association a month later, in October 2001, Bush reiterated the notion of the United States as the leading nation in the moral fight against evil, and identified this as a possible reason for the attack: “This great state is known for its diversity – people of all races, all religions, and all nationalities. They’ve come here to live a better life, to find freedom, to live in peace and security, with tolerance and with justice. When the terrorists attacked America, this is what they attacked”. While the US media framed the events of September 11 as an attack on the values of democracy and liberalism as these are embodied in US democratic traditions, work by scholars analysing the Australian media’s representation of the attacks suggested that this perspective was echoed and internationalised for an Australian audience. Green asserts that global media coverage of the attacks positioned the global audience, including Australians, as ‘American’. The localisation of the discourses of patriotism and national identity for Australian audiences has mainly been attributed to the media’s use of the good versus evil frame that constructed the West as good, virtuous and moral and invited Australian audiences to subscribe to this argument as members of a shared Western democratic identity (Osuri and Banerjee). Further, where the ‘we’ are defenders of justice, equality and the rule of law; the opposing ‘others’ are necessarily barbaric. Secularism and the Muslim Diaspora Secularism is a historically laden term that has been harnessed to symbolise the emancipation of social life from the forced imposition of religious doctrine. The struggle between the essentially voluntary and private demands of religion, and the enjoyment of a public social life distinct from religious obligations, is historically entrenched in the cultural identities of many modern Western societies (Dallmayr). The concept of religious freedom in the West has evolved into a principle based on the bifurcation of life into the objective public sphere and the subjective private sphere within which individuals are free to practice their religion of choice (Yousif), or no religion at all. Secularism, then, is contingent on the maintenance of a separation between the public (religion-free) and the private or non- public (which may include religion). The debate regarding the feasibility or lack thereof of maintaining this separation has been a matter of concern for democratic theorists for some time, and has been made somewhat more complicated with the growing presence of religious diasporas in liberal democratic states (Charney). In fact, secularism is often cited as a precondition for the existence of religious pluralism. By removing religion from the public domain of the state, religious freedom, in so far as it constitutes the ability of an individual to freely choose which religion, if any, to practice, is deemed to be ensured. However, as Yousif notes, the Western conception of religious freedom is based on a narrow notion of religion as a personal matter, possibly a private emotional response to the idea of God, separate from the rational aspects of life which reside in the public domain. Arguably, religion is conceived of as recognising (or creating) a supernatural dimension to life that involves faith and belief, and the suspension of rational thought. This Western notion of religion as separate from the state, dividing the private from the public sphere, is constructed as a necessary basis for the liberal democratic commitment to secularism, and the notional equality of all religions, or none. Rawls questioned how people with conflicting political views and ideologies can freely endorse a common political regime in secular nations. The answer, he posits, lies in the conception of justice as a mechanism to regulate society independently of plural (and often opposing) religious or political conceptions. Thus, secularism can be constructed as an indicator of pluralism and justice; and political reason becomes the “common currency of debate in a pluralist society” (Charney 7). A corollary of this is that religious minorities must learn to use the language of political reason to represent and articulate their views and opinions in the public context, especially when talking with non-religious others. This imposes a need for religious minorities to support their views and opinions with political reason that appeals to the community at large as citizens, and not just to members of the minority religion concerned. The common ground becomes one of secularism, in which all speakers are deemed to be indifferent as to the (private) claims of religion upon believers. Minority religious groups, such as fundamentalist Mormons, invoke secular language of moral tolerance and civil rights to be acknowledged by the state, and to carry out their door-to-door ‘information’ evangelisation/campaigns. Right wing fundamentalist Christian groups and Catholics opposed to abortion couch their views in terms of an extension of the secular right to life, and in terms of the human rights and civil liberties of the yet-to-be-born. In doing this, these religious groups express an acceptance of the plurality of the liberal state and engage in debates in the public sphere through the language of political values and political principles of the liberal democratic state. The same principles do not apply within their own associations and communities where the language of the private religious realm prevails, and indeed is expected. This embracing of a political rhetoric for discussions of religion in the public sphere presents a dilemma for the Muslim diaspora in liberal democratic states. For many Muslims, religion is a complete way of life, incapable of compartmentalisation. The narrow Western concept of religious expression as a private matter is somewhat alien to Muslims who are either unable or unwilling to separate their religious needs from their needs as citizens of the nation state. Problems become apparent when religious needs challenge what seems to be publicly acceptable, and conflicts occur between what the state perceives to be matters of rational state interest and what Muslims perceive to be matters of religious identity. Muslim women’s groups in Western Australia for example have for some years discussed the desirability of a Sharia divorce court which would enable Muslims to obtain divorces according to Islamic law. It should be noted here that not all Muslims agree with the need for such a court and many – probably a majority – are satisfied with the existing processes that allow Muslim men and women to obtain a divorce through the Australian family court. For some Muslims however, this secular process does not satisfy their religious needs and it is perceived as having an adverse impact on their ability to adhere to their faith. A similar situation pertains to divorced Catholics who, according to a strict interpretation of their doctrine, are unable to take the Eucharist if they form a subsequent relationship (even if married according to the state), unless their prior marriage has been annulled by the Catholic Church or their previous partner has died. Whereas divorce is considered by the state as a public and legal concern, for some Muslims and others it is undeniably a religious matter. The suggestion by the Anglican Communion’s Archbishop of Canterbury, Dr Rowan Williams, that the adoption of certain aspects of Sharia law regarding marital disputes or financial matters is ultimately unavoidable, sparked controversy in Britain and in Australia. Attempts by some Australian Muslim scholars to elaborate on Dr Williams’s suggestions, such as an article by Anisa Buckley in The Herald Sun (Buckley), drew responses that, typically, called for Muslims to ‘go home’. A common theme in these responses is that proponents of Sharia law (and Islam in general) do not share a commitment to the Australian values of freedom and equality. The following excerpts from the online pages of Herald Sun Readers’ Comments (Herald Sun) demonstrate this perception: “These people come to Australia for freedoms they have never experienced before and to escape repression which is generally brought about by such ‘laws’ as Sharia! How very dare they even think that this would be an option. Go home if you want such a regime. Such an insult to want to come over to this country on our very goodwill and our humanity and want to change our systems and ways. Simply, No!” Posted 1:58am February 12, 2008 “Under our English derived common law statutes, the law is supposed to protect an individual’s rights to life, liberty and property. That is the basis of democracy in Australia and most other western nations. Sharia law does not adequately share these philosophies and principles, thus it is incompatible with our system of law.” Posted 12:55am February 11, 2008 “Incorporating religious laws in the secular legal system is just plain wrong. No fundamentalist religion (Islam in particular) is compatible with a liberal-democracy.” Posted 2:23pm February 10, 2008 “It should not be allowed in Australia the Muslims come her for a better life and we give them that opportunity but they still believe in covering them selfs why do they even come to Australia for when they don’t follow owe [our] rules but if we went to there [their] country we have to cover owe selfs [sic]” Posted 11:28am February 10, 2008 Conflicts similar to this one – over any overt or non-private religious practice in Australia – may also be observed in public debates concerning the wearing of traditional Islamic dress; the slaughter of animals for consumption; Islamic burial rites, and other religious practices which cannot be confined to the private realm. Such conflicts highlight the inability of the rational liberal approach to solve all controversies arising from religious traditions that enjoin a broader world view than merely private spirituality. In order to adhere to the liberal reduction of religion to the private sphere, Muslims in the West must negotiate some religious practices that are constructed as being at odds with the rational state and practice a form of Islam that is consistent with secularism. At the extreme, this Western-acceptable form is what the Australian government has termed ‘moderate Islam’. The implication here is that, for the state, ‘non-moderate Islam’ – Islam that pervades the public realm – is just a descriptor away from ‘extreme’. The divide between Christianity and Islam has been historically played out in European Christendom as a refusal to recognise Islam as a world religion, preferring instead to classify it according to race or ethnicity: a Moorish tendency, perhaps. The secular state prefers to engage with Muslims as an ethnic, linguistic or cultural group or groups (Yousif). Thus, in order to engage with the state as political citizens, Muslims must find ways to present their needs that meet the expectations of the state – ways that do not use their religious identity as a frame of reference. They can do this by utilizing the language of political reason in the public domain or by framing their needs, views and opinions exclusively in terms of their ethnic or cultural identity with no reference to their shared faith. Neither option is ideal, or indeed even viable. This is partly because many Muslims find it difficult if not impossible to separate their religious needs from their needs as political citizens; and also because the prevailing perception of Muslims in the media and public arena is constructed on the basis of an understanding of Islam as a religion that conflicts with the values of liberal democracy. In the media and public arena, little consideration is given to the vast differences that exist among Muslims in Australia, not only in terms of ethnicity and culture, but also in terms of practice and doctrine (Shia or Sunni). The dominant construction of Muslims in the Australian popular media is of religious purists committed to annihilating liberal, secular governments and replacing them with anti-modernist theocratic regimes (Brasted). It becomes a talking point for some, for example, to realise that there are international campaigns to recognise Gay Muslims’ rights within their faith (ABC) (in the same way that there are campaigns to recognise Gay Christians as full members of their churches and denominations and equally able to hold high office, as followers of the Anglican Communion will appreciate). Secularism, Preference and Equality Modood asserts that the extent to which a minority religious community can fully participate in the public and political life of the secular nation state is contingent on the extent to which religion is the primary marker of identity. “It may well be the case therefore that if a faith is the primary identity of any community then that community cannot fully identify with and participate in a polity to the extent that it privileges a rival faith. Or privileges secularism” (60). Modood is not saying here that Islam has to be privileged in order for Muslims to participate fully in the polity; but that no other religion, nor secularism, should be so privileged. None should be first, or last, among equals. For such a situation to occur, Islam would have to be equally acceptable both with other religions and with secularism. Following a 2006 address by the former treasurer (and self-avowed Christian) Peter Costello to the Sydney Institute, in which Costello suggested that people who feel a dual claim from both Islamic law and Australian law should be stripped of their citizenship (Costello), the former Prime Minister, John Howard, affirmed what he considers to be Australia’s primary identity when he stated that ‘Australia’s core set of values flowed from its Anglo Saxon identity’ and that any one who did not embrace those values should not be allowed into the country (Humphries). The (then) Prime Minister’s statement is an unequivocal assertion of the privileged position of the Anglo Saxon tradition in Australia, a tradition with which many Muslims and others in Australia find it difficult to identify. Conclusion Religious identity is increasingly becoming the identity of choice for Muslims in Australia, partly because it is perceived that their faith is under attack and that it needs defending (Aly). They construct the defence of their faith as a choice and an obligation; but also as a right that they have under Australian law as equal citizens in a secular state (Aly and Green). Australian Muslims who have no difficulty in reconciling their core Australianness with their deep faith take it as a responsibility to live their lives in ways that model the reconciliation of each identity – civil and religious – with the other. In this respect, the political call to Australian Muslims to embrace a ‘moderate Islam’, where this is seen as an Islam without a public or political dimension, is constructed as treating their faith as less than equal. Religious identity is generally deemed to have no place in the liberal democratic model, particularly where that religion is constructed to be at odds with the principles and values of liberal democracy, namely tolerance and adherence to the rule of law. Indeed, it is as if the national commitment to secularism rules as out-of-bounds any identity that is grounded in religion, giving precedence instead to accepting and negotiating cultural and ethnic differences. Religion becomes a taboo topic in these terms, an affront against secularism and the values of the Enlightenment that include liberty and equality. In these circumstances, it is not the case that all religions are equally ignored in a secular framework. What is the case is that the secular framework has been constructed as a way of ‘privatising’ one religion, Christianity; leaving others – including Islam – as having nowhere to go. Islam thus becomes constructed as less than equal since it appears that, unlike Christians, Muslims are not willing to play the secular game. In fact, Muslims are puzzling over how they can play the secular game, and why they should play the secular game, given that – as is the case with Christians – they see no contradiction in performing ‘good Muslim’ and ‘good Australian’, if given an equal chance to embrace both. Acknowledgements This paper is based on the findings of an Australian Research Council Discovery Project, 2005-7, involving 10 focus groups and 60 in-depth interviews. The authors wish to acknowledge the participation and contributions of WA community members. References ABC. “A Jihad for Love.” Life Matters (Radio National), 21 Feb. 2008. 11 March 2008. < http://www.abc.net.au/rn/lifematters/stories/2008/2167874.htm >.Aly, Anne. “Australian Muslim Responses to the Discourse on Terrorism in the Australian Popular Media.” Australian Journal of Social Issues 42.1 (2007): 27-40.Aly, Anne, and Lelia Green. “‘Moderate Islam’: Defining the Good Citizen.” M/C Journal 10.6/11.1 (2008). 13 April 2008 < http://journal.media-culture.org.au/0804/08aly-green.php >.Aly, Anne, and David Walker. “Veiled Threats: Recurrent Anxieties in Australia.” Journal of Muslim Minority Affairs 27.2 (2007): 203-14.Brasted, Howard.V. “Contested Representations in Historical Perspective: Images of Islam and the Australian Press 1950-2000.” Muslim Communities in Australia. Eds. Abdullah Saeed and Akbarzadeh, Shahram. Sydney: University of New South Wales Press, 2001. 206-28.Brown, Chris. “Narratives of Religion, Civilization and Modernity.” Worlds in Collision: Terror and the Future of Global Order. Eds. Ken Booth and Tim Dunne. New York: Palgrave Macmillan, 2002. 293-324. Buckley, Anisa. “Should We Allow Sharia Law?” Sunday Herald Sun 10 Feb. 2008. 8 March 2008 < http://www.news.com.au/heraldsun/story/0,21985,231869735000117,00.html >.Bush, George. W. “President Outlines War Effort: Remarks by the President at the California Business Association Breakfast.” California Business Association 2001. 17 April 2007 < http://www.whitehouse.gov/news/releases/2001/10/20011017-15.html >.———. “Statement by the President in His Address to the Nation”. Washington, 2001. 17 April 2007 < http://www.whitehouse.gov/news/releases/2001/09/20010911-16.html >.Charney, Evan. “Political Liberalism, Deliberative Democracy, and the Public Sphere.” The American Political Science Review 92.1 (1998): 97- 111.Costello, Peter. “Worth Promoting, Worth Defending: Australian Citizenship, What It Means and How to Nurture It.” Address to the Sydney Institute, 23 February 2006. 24 Apr. 2008 < http://www.treasurer.gov.au/DisplayDocs.aspx?doc=speeches/2006/004.htm &pageID=05&min=phc&Year=2006&DocType=1 >.Dallmayr, Fred. “Rethinking Secularism.” The Review of Politics 61.4 (1999): 715-36.Erjavec, Karmen, and Zala Volcic. “‘War on Terrorism’ as Discursive Battleground: Serbian Recontextualisation of G. W. Bush’s Discourse.” Discourse and Society 18 (2007): 123- 37.Green, Lelia. “Did the World Really Change on 9/11?” Australian Journal of Communication 29.2 (2002): 1-14.Herald Sun. “Readers’ Comments: Should We Allow Sharia Law?” Herald Sun Online Feb. 2008. 8 March 2008. < http://www.news.com.au/heraldsun/comments/0,22023,23186973-5000117,00.html >.Humphries, David. “Live Here, Be Australian.” The Sydney Morning Herald 25 Feb. 2006, 1 ed.Hutcheson, John S., David Domke, Andre Billeaudeaux, and Philip Garland. “U.S. National Identity, Political Elites, and Patriotic Press Following September 11.” Political Communication 21.1 (2004): 27-50.Kymlicka, Will. “Liberal Individualism and Liberal Neutrality.” Ethics 99.4 (1989): 883-905.Modood, Tariq. “Establishment, Multiculturalism and British Citizenship.” The Political Quarterly (1994): 53-74.Osuri, Goldie, and Subhabrata B. Banerjee. “White Diasporas: Media Representations of September 11 and the Unbearable Whiteness of Being in Australia.” Social Semiotics 14.2 (2004): 151- 71.Rawls, John. A Theory of Justice. Cambridge: Harvard UP, 1971.Said, Edward. Orientalism. New York: Vintage Books 1978.Western Australian Charter of Multiculturalism. WA: Government of Western Australia, Nov. 2004. 11 March 2008 < http://www.equalopportunity.wa.gov.au/pdf/wa_charter_multiculturalism.pdf >.Yousif, Ahmad. “Islam, Minorities and Religious Freedom: A Challenge to Modern Theory of Pluralism.” Journal of Muslim Minority Affairs 20.1 (2000): 30-43.

This article critically considers the legal regulation of Indigenous people's cultural heritage in Western Australia and its operation within the framework of Australia's federal system of government. The article also sets out the different ways in which Indigenous cultural heritage is conceptualised, including as a public good analogous to property of the crown, an incidental right arising from group native title and as the subject of private contract. The article explores the various notions of 'Indigenous cultural heritage' that exist under Western Australian public law and the significant role of private contractual arrangements. Particular attention is devoted to the uneasy nexus between the laws of native title and heritage in Western Australia.

Climate change is recognised as the fastest growing threat to World Heritage (WH) properties by ICOMOS and the IUCN. The Climate Vulnerability Index (CVI) was first piloted at the Natural WH property of Shark Bay, Western Australia in 2018; the first application to a Cultural WH property took place in April 2019 at the Heart of Neolithic Orkney in Scotland. This paper outlines the results of the Orkney workshop together with one for Edinburgh conducted in May-June 2021 and looks at the benefits of the CVI assessment process.

Abstract The emerging edible insect market (for human food and animal feed) has a promising growth potential in Australia. With a long cultural tradition of consuming more than 60 native insect species, strong research capabilities and industry experience, the nascent Australian industry is well positioned to become a leader in the edible insect sector. Here, we highlight the need for an inclusive industry with a focus on enabling Indigenous leadership to join the industry. We also stress the need for new foundational research of native insect species and for investment to support current and new businesses as part of a strategy to grow the industry. Research and business development in this space needs strong Indigenous leadership and guidelines to recognise and protect traditional ownership of culturally eaten insect species. This is to guarantee appropriate knowledge and benefit sharing of Indigenous cultural and intellectual property. This model of prioritising Aboriginal and Torres Strait Islander people participation in Australia may be of use and implemented in other countries to achieve an inclusive industry.

<p><em>Indonesia is a country rich in diversity. Indonesia is one of six countries that are the center of cultural diversity (a center of cultural diversity) as well as being a mega-biodiversity country. Indonesia also has varied geographical conditions, diverse customs, and cultural resources, including traditional knowledge and rich traditional cultural expressions which are a form of communal intellectual property (Communal IP). Protection of Communal IP in Indonesia is different from the practice in other countries that already have regulations on Communal IP, some examples of which are India, Peru, and several other megadiversity countries. The formulation of the problem that will be discussed is how the form of the arrangement for the protection of Communal Intellectual Property in Megadiversity Countries and how the Classification of Communal IP Protection in Several Countries: Comparison of Regulatory Practices. The method used is a normative legal research type. The approach used is the statutory approach and the concept approach. The result of the discussion is the form of regulation on the protection of Communal IP in megadiversity countries, including the regulation on the protection of Communal IP in megadiversity countries, which can be classified as follows, the United States has laws to protect Indian culture and American descent. Peru, has laws on protecting the traditional knowledge of local and indigenous peoples about biodiversity in general and plant genetic resources for food and agriculture in particular. Even though Brazil has not ratified the Nagoya protocol, benefit-sharing access to genetic resources is at the forefront. Australia has laws governing Aboriginal cultural heritage and has a sui generis system for the protection of geographical indications. South Africa, already has laws on the protection of traditional knowledge and traditional cultural expressions and already has benefit-sharing access to genetic resources. India has made efforts to document indigenous knowledge on its own by creating the Traditional Knowledge Digital Library (TKDL) in 2001.</em></p>

This article takes the politicisation of copyright and file sharing as a starting point to discuss the concept of the commons and the construction of property. Empirically, the article draws on a series of interviews with Pirate Party members in Sweden, Australia, Germany, the UK and USA; placed in the theoretical framework of the commons. We argue that piracy, as an act and an ideology, interrogates common understandings of property as something self-evident, natural and uncontestable. Such constructions found liberal market ideology. The article has two broad aims: to outline the different phases of enclosure, from the physical commons, to the institutional and finally the cultural commons; and to discuss the way that piracy highlights the emergent crisis in private property rights, brought to the fore by the global financial crisis and ongoing privatization of public resources. We conclude by questioning what new modes of enclosure are emerging in a digital economy driven by excessive data mining and centralized streaming services.

AbstractConfronted by rapidly growing infection rates, hospitalizations and deaths, governments around the world have introduced stringent containment measures to help reduce the spread of COVID-19. This public health response has had an unprecedented impact on people’s daily lives which, unsurprisingly, has also had widely observed implications in terms of crime and public safety. Drawing upon theories from environmental criminology, this study examines officially recorded property crime rates between March and June 2020 as reported for the state of Queensland, Australia. We use ARIMA modeling techniques to compute 6-month-ahead forecasts of property damage, shop theft, residential burglary, fraud, and motor vehicle theft rates and then compare these forecasts (and their 95% confidence intervals) with the observed data for March through to June. We conclude that, with the exception of fraud, all property offence categories declined significantly. For some offence types (shop stealing, other theft offences, and residential burglary), the decrease commenced as early as March. For other offence types, the decline was lagged and did not occur until April or May. Non-residential burglary was the only offence type to significantly increase, which it did in March, only to then decline significantly thereafter. These trends, while broadly consistent across the state’s 77 local government areas still varied in meaningful ways and we discuss possible explanations and implications.

Although evidence continues to indicate an urgent need to transition food systems away from industrialized monocultures and toward agroecological production, there is little sign of significant policy commitment toward food system transformation in global North geographies. The authors, a consortium of researchers studying the land-food nexus in global North geographies, argue that a key lock-in explaining the lack of reform arises from how most food system interventions work through dominant logics of property to achieve their goals of agroecological production. Doing so fails to recognize how land tenure systems, codified by law and performed by society, construct agricultural land use outcomes. In this perspective, the authors argue that achieving food system “resilience” requires urgent attention to the underlying property norms that drive land access regimes, especially where norms of property appear hegemonic. This paper first reviews research from political ecology, critical property law, and human geography to show how entrenched property relations in the global North frustrate the advancement of alternative models like food sovereignty and agroecology, and work to mediate acceptable forms of “sustainable agriculture.” Drawing on emerging cases of land tenure reform from the authors' collective experience working in Scotland, France, Australia, Canada, and Japan, we next observe how contesting dominant logics of property creates space to forge deep and equitable food system transformation. Equally, these cases demonstrate how powerful actors in the food system attempt to leverage legal and cultural norms of property to legitimize their control over the resources that drive agricultural production. Our formulation suggests that visions for food system “resilience” must embrace the reform of property relations as much as it does diversified farming practices. This work calls for a joint cultural and legal reimagination of our relation to land in places where property functions as an epistemic and apex entitlement.

Much of design teaching, learning and research in Australia is determined by Eurocentric traditions and the ongoing colonial project. In this context Indigenous Peoples continue to experience erasure, silencing and appropriation of practices and knowledges. The Visual Communication Design Program, situated in the School of Design at the University of Technology Sydney (UTS), is committed to disrupting this trajectory. In this article we describe an immersive model that seeks to challenge the role of the design educator, creative practitioner and researcher on unceded Gadigal Lands in the city of Sydney, Australia. We reflect on the challenges of facilitating Visual Communication Design and Emergent Practices, for a third iteration as an online studio experience, during COVID-19 in the context of the climate crisis, bushfires and Black Lives Matter. This iteration is the result of four years of deep collaboration with local First Nation Elders, Indigenous scholars and practitioners. The research-focused studio for 180 final-year visual communication design students is led by Local Elders, cultural and research advisers with the support of studio leaders. The consideration of design-led research methods through a process that infuses Indigenous research principles builds on the longitudinal research into the role of the emplaced designer in Indigenous-led projects on Country. Our studio, titled ‘In Our Own Backyard’, provides students with strength-based design capabilities and understandings of the principles of the United Nations Declaration of Indigenous Peoples Rights (UNDRIP), Indigenous Cultural and Intellectual Property Rights (ICIP) and the Australian Indigenous Design Charter. As a studio experience, the aim is to create conditions which spark possibilities for re-orientation towards relational and respectful negotiation of difference, and the capacity to action Indigenous self-determination in complex practitioner scenarios.

Along with all the other baggage the British brought with them to Port Jackson in 1788 were laws of ownership that were totally foreign to the original inhabitants. The particular law I'll consider here is that of copyright. The result of a few hundred years of evolution, moulded by the common law and acts of Parliament, copyright protects the intellectual property of writers and artists (Saunders). It has three requirements: originality, material form and identifiable author. However, superimposed on the creative practices of the original inhabitants of Australia, copyright has proved a dismal failure. Its inability to continue its evolution means that it does not serve Indigenous Australians, whose creative practices do not fit neatly within its confines. The notions of 'rights' or 'ownership' inherent in current copyright law do not reflect, and are therefore unable to protect, Indigenous intellectual property. The limits of protection are summed up by Janke et al: '[c]ommercial interests are protected … rather than interests pertaining to cultural integrity … [r]ights are valid for a limited period … whereas under Indigenous laws, they exist in perpetuity. Individual notions of ownership are recognised, rather than the Indigenous concept of communal ownership' (Janke 1997). Practical effects of these limitations are the loss of copyright of stories written down or electronically recorded by outsiders, and the absence of special consideration for, or protection of, secret or sacred material (Janke 1997). Mansell notes that Aboriginal intellectual property rights are poorly protected by current laws be they copyright, patent, plant breeders, design laws or trademarks where 'the creative customs and practices of Aborigines' are different to those of whites, who 'emphasise the individual and provide the mechanisms for the commercialisation of an individual's activity. The traditional base of Aboriginal art forms was not created with this in mind' (Mansell 196). Indigenous cultures have their own systems for the protection of intellectual property which are predicated not on the protection of commercial advantage but on the meaning and cultural integrity of the work of art (Janke 1996 15; 1998a 4). Some of these so-called works of art are, in fact, 'law bearers'; these 'Indigenous traditional cultural productions are … legal titles to clan land' (Morris 6). Ignoring this meaning of cultural productions is a little like your bank manager framing your mortgage document or rental agreement for its aesthetic qualities, and evicting you from your house. While copyright law does acknowledge legally-defined entities like corporations or government departments as copyright holders, it is too limited in its definitions to recognise the complex familial relationships and reciprocal responsibilities of Aboriginal society. Under Indigenous laws 'individuals are differentiated in their awareness of elements of the local culture and in the way they make use of those elements depending on such things as their sex, their moiety or skin group, and their initiatory status' (Johnson 10). Given the complex nature of Indigenous attitudes to rights in and ownership of intellectual property, those concerned with questions of fairness in the administration of copyright law must take a new perspective. While copyright law appears, in the main, to have been unable to deal with a system of law which pre-dates it by thousands of years, there have recently been some tentative steps towards a recognition of Indigenous concerns. Golvan, acknowledging that much work needs to be done 'to ensure that the legal system is meaningful to Aboriginal people', sees some aspects of the judgement in the Carpets Case1 which 'show a strong determination to seek to unite Western copyright principles with the need to deal with issues of indigenous cultural harm' (Golvan 10). And, in Foster v Mountford 1976 (discussed below), Justice Muirhead noted that 'revelation of the secrets [contained in the offending book] … may undermine the social and religious stability of [the] hard-pressed community' (quoted in McDonald 24). These examples show some willingness on the part of the courts to take into account matters which fall outside of common law. While there has as yet been very little litigation regarding copyright ownership of written works, there is no reason to assume that this situation will continue. The first case of infringement of Aboriginal copyright to surface in the media occurred in 1966, when David Malangi's painting 'The Hunter' was adapted without permission as part of the design for the new one-dollar note (Johnson 13). Ten years later, the Pitjantjatjara Council was involved in litigation with Dr Mountford, 'an anthropologist who had been given information by the Pitjantjatjara people … in 1940 … about tribal sites and objects, communal legends, secrets, paintings, engravings, drawings and totemic geography' (McDonald 23). Interestingly, this particular case relied not on copyright law but on a breach of confidence as 'the material … was not protected by copyright, being material in which copyright either did not subsist, or in which copyright had expired' (23). This is a good example of the lack of protection afforded by copyright law to intellectual property of religious and spiritual significance.2 At first glance, the implications of the 1992 Mabo land rights case for publishing in Australia today might seem remote. However, some of the implications of this historic case hold the potential for a new approach to intellectual property rights which may actually serve the interests of Indigenous artists and writers. The importance to intellectual property rights of the Mabo decision lies in the fact that 'the Court held that … local law remains in place except to the extent that it may be in conflict with British law, and until it is over-ruled by the colonisers' 3 (McDonald 26). This meant that not only the myth of terra nullius was repudiated, but with it any notion that Australia was 'either a wild and lawless place or a legal blank slate. Indigenous customary law … was thereby given both recognition and validity' (26). Gray goes further than this, and states in relation to native title and Aboriginal art: 'the two in fact are quite inseparable if not exactly the same' (Gray 12). This statement strongly emphasises Morris' concerns expressed above, regarding the diminution of authority of 'cultural productions' when they are perceived as merely artistic objects. Pearson, in discussing Mabo, talks of native title as the 'recognition space' 4 between common law and Aboriginal law (Pearson 154). He points out that Aboriginal law exists, is practised is in fact a 'social reality', and adds that 'it is fictitious to assume that Aboriginal law is extinguished where the common law is unable to recognise that law' 5 (155). Recently the Australian Society of Authors (Heiss) prepared two discussion papers and a checklist for non-Indigenous writers who want to write about Indigenous culture. One of the papers, 'Australian Copyright vs Indigenous Intellectual and Cultural Property Rights', reiterates the point that the Copyright Act 1968 'as it stands is unsuited to protecting Indigenous culture'. It briefly discusses the desirability of the sharing of copyright between the Indigenous storyteller or informant and their non-Indigenous collaborator an issue I will examine in greater depth in my thesis on cross-cultural editing. A problematic practice, shared copyright deals with 'ownership' in a way that satisfies white or western conceptions but may compromise the Indigenous sense of (Indigenous) communal title to the work. The importance of effective copyright law for Indigenous Australians goes beyond the earning of royalties or the commercial 'ownership' of creative work: it refers to the protection of their cultural heritage (Heiss). One solution suggested by Janke is an amendment to 'the Copyright Act to provide moral rights (rights of attribution, no false attribution and cultural integrity)' (in Heiss). Another possible, though longer term solution, may lie in the way common law itself develops. It has evolved over time, albeit slowly, to suit the needs of the particular environment economic, technological, cultural or other in which it has to operate. As Ginsberg remarks in the context of the introduction of moral rights law to two common law countries, the US and Australia, regarding the gradual adoption of moral rights: 'a Common Law approach to moral rights … slowly builds up to the general principle from gritty examples worked out fact-by-fact. This accretion method is familiar to both our countries' legal approaches' (Ginsberg 34). This same accretion method could be used to change copyright law so that it more adequately protects Indigenous intellectual property. Whatever solution is reached, at present the copyright laws are colour-blind when presented with the complex and alien nature of Indigenous cultural practice. In the interests of reconciliation, natural justice and the integrity of Indigenous culture, reform cannot come too soon. NOTES 1. Milpurrurru v Indofurn Pty Ltd, 1995; an Australian company copied and adapted various Indigenous works of art and had them woven into carpets in Vietnam, and imported into Australia. Permission to use the designs was never sought. An award of almost $200,000 was made to the 8 artists involved, and the offending carpets were withdrawn from sale. By 1996, Indofurn had been wound up and the director declared bankrupt: the artists have not received a cent. (Janke 1998b 9). 2. Fortunately for the Pitjantjatjara elders, the court held that Mountford's book did constitute a breach of confidence. 3. 'The Court held that the rights of Indigenous inhabitants of a colony are the same as the rights of a conquered nation: local law remains in place except to the extent that it may be in conflict with British law, and until it is over-ruled by the colonisers' (McDonald 26). 4. 'Native title is therefore the space between the two systems, where there is recognition. Native title is, for want of a better formulation the recognition space between the common law and the Aboriginal law which now afforded recognition in particular circumstances' (Pearson 154). 5. However, some cases subsequent to Mabo place limitations upon the recognition of Indigenous traditional law. Justice Mason in Coe v Commonwealth of Australia (1993, at 115) stated that 'Mabo … is at odds with the notion … that [Indigenous Australians] are entitled to any rights and interest other than those created or recognised by the law of the Commonwealth, the [relevant] State… and the common law' (McDonald 2627). References Coe v Commonwealth of Australia (1993) 68 ALJR 110 Ginsberg, J. (1992). Moral Rights in a Common Law System. Moral Rights in a Copyright System. P. Anderson and D. Saunders. Brisbane, Qld: Institute for Cultural Policy Studies, Griffith University. Golvan, C. (1996). 'Aboriginal Art and Copyright.' Culture and Policy 7(3): 512. Gray, S. (1996). 'Black Enough? Urban and non-traditional Aboriginal art and proposed legislative protection for Aboriginal art.' Culture and Policy 7(3): 29-44 Heiss, A. (2001). Australian Copyright vs Indigenous Intellectual and Cultural Property Rights, Australian Society of Authors. < http://www.asauthors.org/resources> Accessed 15.08.01. Janke, T. (1996). 'Protecting Australian indigenous arts and cultural expression.' Culture and Policy 7(3): 1327. Janke, T. (1998a). Editorial. Queensland Community Arts Network News 1: 45. Janke, T. (1998b). Federal Court awards record damages to Aboriginal artists. Queensland Community Arts Network News 1: 89. Janke, T., Frankel, M. & Company, Solicitors (1997). Proposals For The Recognition and Protection of Indigenous Cultural and Intellectual Property, AIATSIS for the Indigenous Cultural and Intellectual Property Project. <http://www.icip.lawnet.com.au/> Accessed 25.4.98. Johnson, V. (1996). Copyrites: Aboriginal art in the age of reproductive technologies. Sydney, NSW: NIAAA & Macquarie University. Mansell, M. (1997). Barricading our last frontier Aboriginal cultural and intellectual propery rights. Our land is Our Life: Land rights past, present and future. G. Yunupingu. St Lucia, Qld, UQP: 195209. Milpurrurru v Indofurn Pty Ltd (1995) 30 IPR 209. Morris, C. (1998). The Responsibility of Maintaining the Oldest Continuous Culture in the World. Queensland Community Arts Network News 1: 67. Pearson, N. (1997). The Concept of Native Title at Common Law. Our Land is Our Life: Land rights past, present and future. G. Yunupingu. St Lucia, Qld, UQP: 150162. Saunders, D. (1992). Early Modern Law of Copyright in England: Statutes, courts and book cultures. Authorship and Copyright. D. Saunders. London, Routledge: 3574. Links http://www.icip.lawnet.com.au/ http://www.asauthors.org/resources Citation reference for this article MLA Style McDonnell, Margaret. "The Colour of Copyright" M/C: A Journal of Media and Culture 5.3 (2002). [your date of access] < http://www.media-culture.org.au/0207/copyright.php>. Chicago Style McDonnell, Margaret, "The Colour of Copyright" M/C: A Journal of Media and Culture 5, no. 3 (2002), < http://www.media-culture.org.au/0207/copyright.php> ([your date of access]). APA Style McDonnell, Margaret. (2002) The Colour of Copyright. M/C: A Journal of Media and Culture 5(3). < http://www.media-culture.org.au/0207/copyright.php> ([your date of access]).

Purpose Despite its Australian birthplace, the ugg boot industry is now fully dominated by one American company, and the Australian ugg boot industry has been frozen out of global trade. This study aims to consider the impact on the competitive advantage of culturally distinctive but not new, intellectual property (IP) through the historic lens of the Australia–USA battle over the UGG boot trademark. Design/methodology/approach This study uses trademark applications, court documents, annual reports and brand reports to trace the history of the change and growth of the ugg boot industry from a small cottage industry in Australia to a billion-dollar monopoly controlled by an American company. Findings Court documents and trademark applications from 1979 to 2019 indicate that Australian firms underestimated the cultural differences between the USA and Australia and thus failed to adequately protect the generic word “ugg” in foreign markets where it was considered to be distinctive, rather than generic. Practical implications The paper highlights the importance of the first-mover advantage that can be conferred upon a firm by IP that is not new. Trademarks must be distinctive, rather than new, but properly used, they can offer substantial global competitive advantages to firms. Originality/value The in-depth analysis of the development of the UGG brand highlights the importance of intangible barriers in global business. The impact on the competitive advantage these intangible barriers gave US firms over Australian firms in the worldwide sheepskin boot market is discussed.

Over the past decade, Australia has witnessed increased interest in industrialised building, particularly in the production of housing. This has happened under many different banners, including: prefabricated, modular, transportable and offsite construction methodologies. This interest has grown from a combination of factors, including: increased rate of housing construction and density; rising property and construction costs; the desire for increased efficiency and productivity; and a concern for the quality and sustainability of building systems. Historically, Australia has played an episodic role in the emergence of prefab and transportable buildings since the colonial era, but it does not have a longstanding industrialised building industry. In this context, an analysis of the experiences of North American, European and Japanese examples, provides valuable insights. This paper focuses on Swedenäó»s approach to industrialised building and the lessons it holds for the emerging Australian sector. Sweden represents a valuable case study because of similarities between the two countries, including: the high standard of living, cost of labour, and design and quality expectations; along with geographic and demographic similarities. Conversely, stark differences between the national situation also co-exist, notably climate, business approaches, political outlook, and cultural factors. In the 1950s, Swedish companies exported prefab houses to Australia to combat the Post-War housing shortage, which also supplies a historical dimension to the comparison. Most importantly, Sweden boasts a longstanding industrialised building industry, both in terms of practice and theory. This paper will survey and compare the Swedish industry, and its potential relevance for Australia. Areas of discussion include: the relationship between industry and academy (practice and theory); the diversity of technique and methodologies and how they may be adapted; platform thinking (technical and operational); the staged industrialisation of conventional practices; and the importance of a socially, environmental and design-led practice of building.

Over the past decade, Australia has witnessed increased interest in industrialised building, particularly in the production of housing. This has happened under many different banners, including: prefabricated, modular, transportable and offsite construction methodologies. This interest has grown from a combination of factors, including: increased rate of housing construction and density; rising property and construction costs; the desire for increased efficiency and productivity; and a concern for the quality and sustainability of building systems. Historically, Australia has played an episodic role in the emergence of prefab and transportable buildings since the colonial era, but it does not have a longstanding industrialised building industry. In this context, an analysis of the experiences of North American, European and Japanese examples, provides valuable insights. This paper focuses on Swedenäó»s approach to industrialised building and the lessons it holds for the emerging Australian sector. Sweden represents a valuable case study because of similarities between the two countries, including: the high standard of living, cost of labour, and design and quality expectations; along with geographic and demographic similarities. Conversely, stark differences between the national situation also co-exist, notably climate, business approaches, political outlook, and cultural factors. In the 1950s, Swedish companies exported prefab houses to Australia to combat the Post-War housing shortage, which also supplies a historical dimension to the comparison. Most importantly, Sweden boasts a longstanding industrialised building industry, both in terms of practice and theory. This paper will survey and compare the Swedish industry, and its potential relevance for Australia. Areas of discussion include: the relationship between industry and academy (practice and theory); the diversity of technique and methodologies and how they may be adapted; platform thinking (technical and operational); the staged industrialisation of conventional practices; and the importance of a socially, environmental and design-led practice of building.