Journal articles on the topic 'Financial institutions – Law and legislation – European Economic Community countries'

At the current stage of the development of society the problem of social protection and state support for people with disabilities is particularly relevant and requires reform and improvement. Ukraine, as a country aspiring to join the European Union, should take into account the best foreign experience of the leading countries of the world in the field of state policy to support people with disabilities and its implementation. The process of reforming the national healthcare system demonstrated the ineffective policy in this area, the high level of corruption and the inability to transform this system to the level of world standards of medical care, especially for people with disabilities. The problem of disability in Ukraine is becoming particularly acute. The goal of this article is to investigate the system of economic means of state administration of the rights of people with disabilities to healthcare, to identify the areas of budgetary management and the formation of a new mechanism of economic administration. Scientific analysis was carried out by using the method of systematic approach and analysis, which enabled us to study theoretical aspects of economic methods of state administration of the right of people with disabilities to healthcare, formation of the budget management in Ukraine for the economic security of the rights to healthcare, and features of the new mechanism of the economic administration of the right of people with disabilities to health care. It has been researched that along with administrative methods of state management of the right to health protection of people with disabilities the economic group of methods is important. These include programs of economic development of health care, rehabilitation programs for people with disabilities, implementation of pilot projects to change the mechanism of financial support for operative treatment, etc. Methods of regulating influence (indirect management) are becoming increasingly important, and economical methods of management belong to them. Implementation ensures that the financial and material interests of the management objects are satisfied through the activities of its subjects, which create favorable conditions for achieving the goals and objectives of management. For example, local self-government bodies, within the limits of their competence, can finance local programs for the development and support of community healthcare institutions. In 2019, a new mechanism of rehabilitation support for children with disabilities was introduced based on the principle of "money follows the people", which should ensure targeting, transparency and improve the quality of rehabilitation services. Resources are divided vertically among regional bodies, which divide budgetary funds among local bodies in proportion to the number of children who require rehabilitation measures, according to the place of their residence (location). The national legislation also reflects the norms that created the conditions for the implementation of the right to work of people with disabilities, as well as ratified Convention on the Rights of Persons with Disabilities and the ILO Convention on professional rehabilitation. From the point of view of the Ministry of Healthcare of Ukraine, the funds allocated by the state are extremely insufficient for the uninterrupted functioning of the medical system. In its budget memorandum for 2021 the ministry has allocated twice as much – 296 billion UAH, 225 billion UAH of which for the implementation of the medical guarantee program (which is 5% of GDP, as required by the Law of Ukraine "On State Financial Guarantees of Medical Services to Population"). But the proposals of the Ministry of Health both at the time of formation of the state budget and at the time of its approval were not taken into account. The requirement of the Law of Ukraine "On State Financial Guarantees of Medical Services to the Population" for the establishment of financing of the program of medical guarantees at the level of 5% of GDP was lengthened for one more year.

The article is dedicated to the elections to the State Assembly of Hungary on April 3, 2022, which ended with the victory and acquisition of a constitutional majority by the now ruling coalition of Fidesz-Hungarian Civil Union and the Christian Democratic People’s Party (KDNP) - (Fidesz–KDNP). It analyzes its electoral platform “War or Peace”, the center of which was the attitude to the Russian-Ukrainian war. It is indicated that this war divided the political forces of Hungary into two camps – supporters of neutrality (peace) or supporters of Ukraine (war). The ruling coalition advocated neutrality, non-intervention in the war, which guaranteed the preservation of peace and tranquility for the citizens of Hungary. All the opposition forces showed support for Ukraine against Russia. The authorities accused the latter of the fact that their pro-Ukrainian and anti-Putin activities posed a danger and threatened the spread of the war to the territory of Hungary. It is emphasized that thanks to this position, Fidesz–KDNP won a convincing victory in Hungary as a whole and especially among the Hungarian communities abroad, while the six-party opposition bloc, although it won convincingly in 17 of Budapest’s 18 districts, suffered a significant defeat in the country as a whole. The main reasons for the unexpected victory of the ruling coalition Fidesz - HDNP in these elections are highlighted. Among them: the coalition flexibly combined centrist and center-right values, synthesized them and rose above narrow party interests, turning into a broad popular front of the Hungarian nation. It is also noted that during the 12-year remaining stay in power in the country, transformations were completed, namely, a new Basic Law (constitution) was adopted, relevant legislation was formed, and a national democratic model of political and economic power was introduced according both to the state and EU standards that complies with state and EU standards. The internal policy was aimed at the development of traditional branches of the economy and the formation of modern forms of management. Relatively high economic development of the country was ensured thanks to by the effective use of foreign investments, international markets, which are far from being limited to EU countries. Hungary develops close cooperation with countries of all regions, if its national interests are ensured. Great attention is paid to the support and protection of Hungarian communities living in countries neighboring Hungary (Romania, Slovakia, Serbia, Ukraine). At the legislative level, the status of Hungarians abroad is almost equal to that of Hungarians in the country itself. The policy of national unity, the recognition of Hungarians, regardless of their residency country of residence, as members of a united single Hungarian nation, gained general approval. The concentration of domestic and foreign policy on the priority of Hungarian interests helped Fidesz to turn into an authoritative and reliable political force of the country, which, using civilized methods, fights for the future of Hungary, the comprehensive development of its people, the preservation of the identity of Hungarian communities abroad, the prevention of assimilation, mass emigration and the restriction of their rights along national lines. In addition, the ruling coalition managed to form a reliable financial, personnel, and media potential, to significantly expand the electoral field of its activities, which no opposition political force is able to compete with, especially during the elections to the State Assembly. The qualitative composition of the new parliament was analyzed. The progress of the election of the new President of Hungary on March 9, the speaker of the newly elected parliament, his deputies and heads of parliamentary factions on May 2, and finally the Prime Minister of Hungary on May 16 and the approval of the country’s new government headed by Viktor Orbán on May 24, is highlighted. Great attention is paid to the formation of Hungarian-Ukrainian relations. The analysis of political processes during the election campaign and in the first months after the end of the elections, in particular the attitude of Budapest to the aggression of the Russian Federation against Ukraine, to the formation of Hungarian-Ukrainian relations, allowed us to draw conclusions that the priorities of the international activities of the ruling coalition of Hungary will remain unchanged: serving the interests of the Hungarian nation on in all territories of its residence, in particular support, protection and assistance to Hungarian national communities in Romania, Slovakia, Serbia and Ukraine. The results of the parliamentary elections in Hungary on April 3, 2022 confirmed that these principles are unchanged and continue to be binding in the activities of the Hungarian government institutions. It is emphasized that the level of development of Hungary's bilateral relations with neighboring states will depend on ensuring the Hungarian foreign communities interests how the interests of the Hungarian foreign communities will be ensured (granting dual citizenship, autonomy status for the community, creating conditions for cultural and educational development based on in the national language and traditions). Hungarian-Ukrainian relations will be in the same condition state. Hungary supports the territorial integrity of Ukraine, its European choice, condemns Russian aggression, supports the EU’s sanctions policy against the Russian Federation, and provided shelter for 800,000 refugees from Ukraine. More than 100,000 people from Ukraine stay are in Hungary illegally. Since July 19, Hungary has allowed the transit of weapons from other countries through its territory to Ukraine. Yet But it continues to maintain neutrality in the Russian-Ukrainian war, supports EU energy sanctions against the Russian Federation in such a way that it does not harm its economic interests. At the same time, it does not agree to the application of certain legal provisions on education the procedure for using the Ukrainian language as the official language on the territory of Ukraine, that came into force in 2017 and 2019 to the Hungarian community of Transcarpathia of a number of provisions of the laws on education and the procedure for using the Ukrainian language as the official language on the territory of Ukraine, which came into force in 2017 and 2019. It is emphasized that the settlement of cultural and educational issues of the Hungarian community of Transcarpathia should become a priority task for both countries.

The article is dedicated to the elections to the State Assembly of Hungary on April 3, 2022, which ended with the victory and acquisition of a constitutional majority by the now ruling coalition of Fidesz-Hungarian Civil Union and the Christian Democratic People’s Party (KDNP) - (Fidesz–KDNP). It analyzes its electoral platform “War or Peace”, the center of which was the attitude to the Russian-Ukrainian war. It is indicated that this war divided the political forces of Hungary into two camps – supporters of neutrality (peace) or supporters of Ukraine (war). The ruling coalition advocated neutrality, non-intervention in the war, which guaranteed the preservation of peace and tranquility for the citizens of Hungary. All the opposition forces showed support for Ukraine against Russia. The authorities accused the latter of the fact that their pro-Ukrainian and anti-Putin activities posed a danger and threatened the spread of the war to the territory of Hungary. It is emphasized that thanks to this position, Fidesz–KDNP won a convincing victory in Hungary as a whole and especially among the Hungarian communities abroad, while the six-party opposition bloc, although it won convincingly in 17 of Budapest’s 18 districts, suffered a significant defeat in the country as a whole. The main reasons for the unexpected victory of the ruling coalition Fidesz - HDNP in these elections are highlighted. Among them: the coalition flexibly combined centrist and center-right values, synthesized them and rose above narrow party interests, turning into a broad popular front of the Hungarian nation. It is also noted that during the 12-year remaining stay in power in the country, transformations were completed, namely, a new Basic Law (constitution) was adopted, relevant legislation was formed, and a national democratic model of political and economic power was introduced according both to the state and EU standards that complies with state and EU standards. The internal policy was aimed at the development of traditional branches of the economy and the formation of modern forms of management. Relatively high economic development of the country was ensured thanks to by the effective use of foreign investments, international markets, which are far from being limited to EU countries. Hungary develops close cooperation with countries of all regions, if its national interests are ensured. Great attention is paid to the support and protection of Hungarian communities living in countries neighboring Hungary (Romania, Slovakia, Serbia, Ukraine). At the legislative level, the status of Hungarians abroad is almost equal to that of Hungarians in the country itself. The policy of national unity, the recognition of Hungarians, regardless of their residency country of residence, as members of a united single Hungarian nation, gained general approval. The concentration of domestic and foreign policy on the priority of Hungarian interests helped Fidesz to turn into an authoritative and reliable political force of the country, which, using civilized methods, fights for the future of Hungary, the comprehensive development of its people, the preservation of the identity of Hungarian communities abroad, the prevention of assimilation, mass emigration and the restriction of their rights along national lines. In addition, the ruling coalition managed to form a reliable financial, personnel, and media potential, to significantly expand the electoral field of its activities, which no opposition political force is able to compete with, especially during the elections to the State Assembly. The qualitative composition of the new parliament was analyzed. The progress of the election of the new President of Hungary on March 9, the speaker of the newly elected parliament, his deputies and heads of parliamentary factions on May 2, and finally the Prime Minister of Hungary on May 16 and the approval of the country’s new government headed by Viktor Orbán on May 24, is highlighted. Great attention is paid to the formation of Hungarian-Ukrainian relations. The analysis of political processes during the election campaign and in the first months after the end of the elections, in particular the attitude of Budapest to the aggression of the Russian Federation against Ukraine, to the formation of Hungarian-Ukrainian relations, allowed us to draw conclusions that the priorities of the international activities of the ruling coalition of Hungary will remain unchanged: serving the interests of the Hungarian nation on in all territories of its residence, in particular support, protection and assistance to Hungarian national communities in Romania, Slovakia, Serbia and Ukraine. The results of the parliamentary elections in Hungary on April 3, 2022 confirmed that these principles are unchanged and continue to be binding in the activities of the Hungarian government institutions. It is emphasized that the level of development of Hungary's bilateral relations with neighboring states will depend on ensuring the Hungarian foreign communities interests how the interests of the Hungarian foreign communities will be ensured (granting dual citizenship, autonomy status for the community, creating conditions for cultural and educational development based on in the national language and traditions). Hungarian-Ukrainian relations will be in the same condition state. Hungary supports the territorial integrity of Ukraine, its European choice, condemns Russian aggression, supports the EU’s sanctions policy against the Russian Federation, and provided shelter for 800,000 refugees from Ukraine. More than 100,000 people from Ukraine stay are in Hungary illegally. Since July 19, Hungary has allowed the transit of weapons from other countries through its territory to Ukraine. Yet But it continues to maintain neutrality in the Russian-Ukrainian war, supports EU energy sanctions against the Russian Federation in such a way that it does not harm its economic interests. At the same time, it does not agree to the application of certain legal provisions on education the procedure for using the Ukrainian language as the official language on the territory of Ukraine, that came into force in 2017 and 2019 to the Hungarian community of Transcarpathia of a number of provisions of the laws on education and the procedure for using the Ukrainian language as the official language on the territory of Ukraine, which came into force in 2017 and 2019. It is emphasized that the settlement of cultural and educational issues of the Hungarian community of Transcarpathia should become a priority task for both countries.

The article examines the legal mechanisms of state control over the processes of economic concentration in the most developed countries of the world. A comparison of the legal antimonopoly institutions of the mentioned states was made, and special features of competition legislation, which are inherent in one or another country and their effectiveness in the process of controlling economic concentrations, were revealed. It has been established that two types of legal mechanisms for controlling economic concentrations have developed in world practice, namely the American type and the Western European type. It was determined that the American competition law prohibits any form of concentration due to the determination of its level by judicial authorities. In its regulations, American legislation contains clear powers of state authorities on concentration issues. The burden of proving the positive effects of the concentration rests entirely on the applicant for the concentration. The competition law of European countries is softer. Mergers that significantly restrict competition are prohibited. The concentration takes place only with the permission of the authorities. The exception to this rule is the legislation of Great Britain. Features of Japanese legislation are the existence of such concepts as depression and rationalization cartels, in the presence of which concentration is prohibited. According to the results of the study, it was concluded that the use of successful foreign legal experience in the field of concentrations, such as increasing financial indicators for granting consent to concentration, introducing a broad interpretation and specifying the powers of antimonopoly authorities, clearly demarcating their competence, adopting a single codified legal act to regulate relations from concentration will lead to positive changes in the sphere of state policy regarding the right regulation of economic concentration in Ukraine. Within the framework of this study, an analysis of national and foreign legislation in the field of regulation of economic concentration was carried out.

Purpose This paper aims to analyse the evolution of European anti-money laundering discipline passing from the First Money Laundering Directive 91/308/EEC, that was only referred to banks and financial intermediaries, that has been furthermore extended to some activities and professions outside the financial sector. The research examines the different steps done buy Italian Legislation in the field of economic crime: at first Law n. 14/2003 of 3 February 2003 (Community Law 2002), they transposed the 2001 Directive 2001/97/EC and then the Law n. 56/2004 of 20 February 2004, that has implemented Directive 2001/97/EC. Now it is urgent to implement Directive 2005/60/EC that has extended the scope of the legislation, including the fight against the financing of terrorism and modified anti-money laundering obligations. Design/methodology/approach This paper deals with the Legislations of some European States (in particular UK and Italy) interpreting them by a comparative method. Findings This paper has put in clear some differences and some analogies between national legislations of different countries. Research limitations/implications In Italy, at first Law n. 14/2003 of 3 February 2003 (Community Law 2002), has transposed the 2001 Directive 2001/97/EC and then the Law n. 56/2004 of 20 February 2004, has implemented Directive 2001/97/EC. In 2005, Directive 2005/60/EC has extended the scope of the legislation, including the fight against the financing of terrorism and modified anti-money laundering obligations. Practical implications In the context of economic crime, capital investigations represent one of the most effective tools to fight the activities of organized crime in the phase of managing wealth illicitly produced and its immission in the circuit of the legal economy. Social implications The need of fighting economic crime must always be harmonized with the protection of right to privacy that has been acknowledged by Article 8 of the European Convention of Human Rights of 1950 as a fundamental right. Originality/value This paper develops the need to balance the right to privacy of every European citizen (Article 8 CEDU) with investigative power exercised by Public or Private Authorities, considering the possibility to comprise the first – if necessary – to allow the regular exercise of the second.

The main subject of the paper is the issue of granting state aid discussed from the point of view of the most important changes in the European Union competition policy as a result of the global financial crisis. The author makes a review of state aid related to the financial crisis in the European Community. The article includes a detailed description of reasons for the economic interventions which has been designed and taken by the Member States in the form of various schemes, plans and objectives. The directions of the main changes in the structure of state aid granted to the financial institutions in absolute and relative terms are shown. It was essential to notice the significant European Commission’s role ensuring that large support schemes for the financial sector will be implemented in compliance with the state aid rules and do not create undue distortions of competition. The paper contains numerous legal materials, including primary and secondary legislation, as well as European case law. The author also relied on the literature and articles on the notified state aid connected with the financial services sector and banking crisis.

SummaryThe author explores the relationship between the concept of sovereignty and international law. First, he examines this theme in its changing historical context, particularly the subordination of law to sovereignty by Hegel and the nineteenth-century positivists, and the various attempts by Kelsen and others in the twentieth century to assert the primacy of international law. He then examines the stress laid upon sovereignty as a means of obtaining a more just international economic order by states of the Third World. The implications of bilateral and multilateral agreements that grant broad powers to financial and economic international institutions are also examined to determine their impact upon the sovereignty of less developed countries. The author also examines the implications of the extensive practice of treaty-making and the adoption of rules and standards within a range of Specialized Agencies of the United Nations. He also traces the gradual development of the European Economic Community from free trade area to European union as envisaged by the Single European Act, under which the sovereignty of member states is steadily giving way. In the final analysis, the author concludes that sovereignty is a relative concept. It is not sovereignty itself which is impeding the development of a true community of states but rather the many economic, social, political, and psychological conflicts which impede the development of common values uniting the whole international community.

Introduction. The Ukraine’s integration into the European community is impossible without learning the experience of European countries in many spheres. Social responsibility of business becomes a significant element in strengthening the competitiveness of our enterprises and the state in general on the world level. The development of socially responsible practices can influence not only the society, but also business representatives themselves, namely: improving the image of the company, increasing the number of consumers, attracting and retaining more skilled personnel, etc. In Ukraine, the process of development of social responsibility of business circles has already begun, but it is still not enough. The state can play a significant role in the development of social practices. This scientific research is dedicated to the study of the experience of European governments in the sphere of social responsibility. The purpose. The article aims is to determine the directions of the state policy of Ukraine for the development of social and economic responsibility of entrepreneurship on the basis of European countries experience. Results. The basic world models of social responsibility of business have been investigated. The experience of European countries on state regulation in this area has been systematized. On the basis of the conducted research, we have proposed directions of the state policy in the field of regulation of social and economic responsibility of entrepreneurship in Ukraine, namely: drafting a law on social responsibility, introducing changes in tax legislation in the field of preferential taxation, increasing attention to non-financial reporting as a source of information on social company initiatives and the construction of national ratings.

The gist of this article boils down to the development of British banking system in the conditions of new industrialization and digitalization. The banking system of Great Britain is characterized by a high degree of concentration and specialization of banking, a well-developed banking infrastructure, and a close connection with the international loan capital market. London is the world's oldest financial center. The English banking system has the world's widest network of overseas branches. The UK banking system is relatively independent from the credit systems of the European Union. Nevertheless, banking legislation is focused on the unification of banking law within the European Community and supervision of banking activities. In the context of the global financial crisis, the UK banking system, as in other countries, has been severely tested. The most important trend in the development of the UK banking system is the blurring of boundaries between certain types of credit institutions. The subject of the research is the UK banking system in the context of new industrialization and digitalization.

This article is devoted to the analysis of international and legal cooperation in the area of labor migration in the Eurasian Economic Community and the Eurasian Economic Union. The authors study background for the creation and history of the Common Economic Space and the Customs Union, one of the main purposes of which is the creation and operation of a common labour market. The authors perform the analysis taking into account similarities and differences of legal regulation of the issue under consideration in the European Union, and make comparison. The authors point out to the continuity problems of labour migration legal regulation within the framework of the Eurasian Economic Union, including harmonization of legislation on labour migration of the Union’s member countries. The authors study the institutional system of the Eurasian Economic Community (Eurasian Economic Union) and powers of institutions in the field of labour migration, indicate the presence of special migration authorities in the EurAsEC and in the Eurasian Economic Union. Provisions of the Treaty on the Eurasian Economic Union devoted to labour migration are analyzed. The authors note the probability that the law harmonization function will be implemented in the Eurasian Economic Union not through model laws but through international treaties and decisions of the Union’s institutions. The authors assume that the Eurasian Economic Union will work out the desired integration model, based not only on political and economic interests, but which will take into account civilizational peculiarities of the Eurasian region.

The article is devoted to the analysis of cryptocurrency as a new phenomenon in the modern global economic processes and legal institutions. The relevance of the study is predetermined by the very specifics of such a phenomenon as cryptocurrency consisting of a distributed ledger technology, which determines the peculiarities of issuing, storing and performing operations with cryptocurrency. Moreover, the cryptocurrency turnover directly correlates with the national legislation of individual countries, which are the subject of domestic regulation with currency, tax legislation and legislation on the securities market. Sometimes, in this regard, there is a clash of public interests and the interests of entities involved in the circulation of cryptocurrencies. Cryptocurrency, as an unconventional, trendy phenomenon of the recent times, has become the object of research and discussions on all the world platforms, starting with academia, continuing with the business community and ending with state institutions. There are many reasons for explaining such interest and they can all be reduced to two main blocks: the advantages and the disadvantages of cryptocurrency circulation. The problem of cryptocurrency turnover, on the one hand, is that until now none of the national economies have regulated the cost-effective mechanism for the cryptocurrency turnover and, on the other hand, the leading countries have not yet set up an effective system of legal regulation of cryptocurrency. Many countries are in the active process of working to adequately address the above problem. Separately, it is worth highlighting the interest of Muslim countries in this issue, where discussions are still underway about the permissibility of cryptocurrency in Islamic law. As for the Russian realities in the context of the issue under study, the Federal Law “On Digital Financial Assets, Digital Currency and on Amendments to Certain Legislative Acts of the Russian Federation“, which came into effect on 1 January 2021, was supposed to streamline relations of subjects including cryptocurrencies, but, according to the experts in this field, this law is far from impeccable and this sphere of relations cannot be quickly and effectively regulated. This article describes the characteristics of cryptocurrency, its essence, disadvantages and advantages as an object of economic and civil law relations. The purpose of the research is to analyze the economic and legal phenomenon of cryptocurrency, as well as its characteristics in the Muslim legal system. The complexity of the work should be emphasized as a novelty. Based on the designated goal and the logic of construction, the study consists of three interrelated parts. The first part outlines the characteristics of cryptocurrency as an economic category, the second part is devoted to its legal analysis and the last part of the study demonstrates the Islamic perception (Sharia analysis) of this phenomenon. As a conclusion on the scientific research, we will highlight the following provisions. First, economically, nowadays, cryptocurrency is a rather controversial financial instrument: on the one hand, it has great investment attractiveness, but on the other hand, it is subject to great volatility and seems to be a rather risky financial asset. Secondly, from a legal standpoint, cryptocurrencies have not yet found their consistent consolidation and further legal regulation in the Russian legislation. It seems that the legal regulation of this institution will systematically develop depending on what application and results of its turnover the cryptocurrency will have in the future. Finally, the Islamic interpretation of the cryptocurrency phenomenon boils down to the absence of a single, consistent explanation of it from the perspective of Islam and Sharia as an object of permissibility (or prohibition) of transactions with it. It is necessary to further analyze the practice of using cryptocurrency and its impact on the economy and legal institutions in order to make a final decision on its permissibility or prohibition in correlation with the types of activity and the upcoming consequences associated with it.

Problem setting. Although the outcome of the Russian-Ukrainian war is uncertain, it is necessary to start thinking about the future reconstruction of Ukraine. The paper examines issues related with the complex of problems connected with the post-war reconstruction of Ukraine and the participation of the collective West, which means a set of countries (USA, EU member states, Canada, Scandinavian countries) participating in Euro-Atlantic integration. In this article, we use previous experience of post-war reconstruction of Western Europe (for example, the Marshall Plan after World War II). We set out the key principles of international cooperation in the renovation of the Ukrainian economics and the state as a whole, as well as the role of individual subjects of international law in this process. The paper is intended to involve foreign and domestic lawyers in a discussion on a wider range of issues, which will include further and more detailed analysis of the best ways to rebuild Ukraine after the war. Analysis of resent researches and publications. The idea of developing a European plan for the reconstruction of Ukraine (“Marshall Plan for Ukraine”) began to be discussed after the Revolution of Dignity. However, it has not been the subject of serious research. The situation changed after Russia declared war on Ukraine. As Ukraine has a chance to win the war, the leaders of the United States, the European Union and Ukraine are discussing the possible content of a “New European Plan for Ukraine.” However, today, both in Ukraine and abroad, this issue is dominated by journalistic publications, which determines the relevance and practical significance of the development of the problem. Target of research is to reveal the content, main directions of participation of international financial institutions and individual states in the reconstruction of Ukraine after the war. Article’s main body. The article considers the problem of determining the content of the “New European Plan for Ukraine” in relation to the postwar period. The uniqueness of the plan to restore the Ukrainian economy is emphasized. The steps of international financial institutions and individual countries regarding the revival of Ukraine during and after the war are analyzed. Conclusions and prospects for the development. The conclusion that grants should make up a large share of foreign aid flows in the post-war reconstruction of Ukraine is substantiated. An important step in Ukraine’s post-war reconstruction should be the write-off of foreign debt, or at least part of it, by foreign financial institutions, primarily the IMF and the World Bank, as an important and necessary sign of genuine solidarity of the international community. Emphasis is placed on the special role of the United States and the European Union in the postwar reconstruction of Ukraine, in particular on the issue of writing off Ukraine’s foreign debt.

Background: The advocacy of competition is a modern civilisational mechanism of cooperation, which balances private and public interests in economic activity and realises the functions of state management and control of economic activity, ensuring reasonable distribution of public goods. Competition is a fundamental driving force that determines the course of economic processes and contributes to the growth of economic prosperity and innovation in society. Its provision, protection, and development are among the main priorities of state economic policy in general and competition policy in particular. The purpose of this article is a comparative legal analysis of the advocacy of competition in different countries. This study will also identify the peculiarities of the use of advocacy tools in these places. Methods: In studying the proposed problem, the following methods were used: general philosophical and general scientific (dialectical, systemic, formal-logical, etc.); universal (induction, deduction); special-scientific (formal-legal, comparative law); interpretation of the rules, etc. One of the main methods used is the comparative method for researching the common and distinctive features of the advocacy of competition in the EU, USA, Mexico, the Republic of South Africa, and Ukraine. Results and Conclusions: The results show that countries with advanced economies have approached advocacy of competition gradually after more than a century of anti-monopoly competition legislation. In post-transformational economies, we see the formation of competitive policy principles activated after independence and the transition to market-based business practices. The globalisation of international trade relations leads to the need to implement complex competition advocacy programs and unify norms at the level of individual states and unions. Advocacy of competition remains important as a tool of self-regulation of economic activity. The European vector of Ukraine’s development caused the emergence of new mechanisms of interaction between the state, the individual, and society. Having chosen to strive for European integration, Ukraine began to build a new model of cooperation between all market participants, the introduction of which was based on the provisions of the Association Agreement between Ukraine, on the one hand, and the EU, the European Atomic Energy Community and their member states, on the other hand, using implementation mechanisms of both individual norms and entire institutions of public-private partnership. The implementation of competition advocacy mechanisms in Ukraine is applied using the mechanisms of the analogy of individual norms and tools of competition policy. The formation of new good competitive practices is connected with russia’s war.

The purpose of the article is to study the economic and legal problems of financing the education of persons sentenced to imprisonment, realization of their constitutional right and to propose to eliminate existing gaps in the legislation. Methodology. The survey is based on an analysis of the principles of financing education, including prison education, on the procedure and problems of financing education for persons sentenced to imprisonment. The principles, good practice and problems of providing educational services in Singapore, Japan, Hong Kong, South Korea, Finland, the Netherlands, Canada, Poland, Germany, Ireland, Great Britain, the USA, Estonia, Kazakhstan, Ukraine, the Russian Federation are considered. Sourcing of education (state, non-state and mixed) are investigated. The analysis of macro indicators of social and economic development of the countries, in which certain system of financing of education operates, is carried out. Emphasis is placed on the fact that the country's development largely depends on the share of gross domestic product spent on research. Only if the cost of science exceeds 0.9% of gross domestic product, it can be said about the impact of science on the development of the state economy. It is concluded that most European countries use the so-called principle of "funding formula", according to which the state allocates financial resources to higher education institutions in amounts determined by special indicators, such as high quality of education, number of students, labor intensity and material consumption of the education process. Results. In the process of studying the state policy on financing the educational system, it has been concluded that tthe most developed countries with a sufficiently high level of gross domestic product per capita have the state system of financing higher education. The main positive feature of penitentiary educational systems is their focus on the prisoner as an individual to provide his or her needs, the opportunity to acquire professional skills and, in the future, to integrate into society and restore his or her social status easily. The authors also conclude that due to certain difficulties in obtaining education by prisoners, namely, most of these persons cannot get an education because they are in isolation from society, their attendance at school is impossible, the way out of this situation is distance learning. Practical implications. . Proposals have been made, according to which higher education for persons sentenced to imprisonment should be regarded as paid activity along with work, and the possibility of obtaining distance education should be enshrined in law. Value/originality. The article provides proposals for amendments to the legislation in the field of education for persons sentenced to imprisonment in some post-Soviet countries for the harmonization of regulations.

The operation of IT systems of Hungarian higher education institutions is governed only by general law. These institutions have a large amount of personal, economic and research data. The management of these organizations is defined by internal regulations which are not controlled in terms of form or substance. As a consequence, the security of Hungarian higher education IT systems currently varies from institution to institution. Internationally, the first step in the legislative regulation of higher education systems was published in the United States in 2004, followed by only general rules from European legislators. In recent years, however, this situation has changed, and in several countries, including Hungary, the extension of the legislation on state institutions to higher education systems has begun. At present this has manifested in placing of research institutes under national security protection. In the light of international trends and Hungarian development, it is expected that this process will continue. One possible way to raise the IT security level is to place higher education institutions under Act L. of 2013. This, in addition to not being a simple process, would create a serious financial burden for the maintainer and would have a noticeable impact on institutional autonomy, teaching and research freedom. There is currently no public source of information on IT incidents or their success and management in higher education IT systems in Hungary. In my presentation, I review the IT data assets of Hungarian higher education and based on my personal experience, I give an overview of IT attacks on the sector and a what can be expected based on changes in the L. Law of 2013.

Biomedical research has a strong impact on a country’s scientific-technological and socioeconomic development. It can make a significant contribution at three different levels: promotion of public health; the exchange of knowledge within the scientific community; and economic/ financial profitability. Africa only attracts ~3.3% of the world’s clinical research. This small proportion is due to, among several factors, the absence of two fundamental aspects: specific robust legislation and capacity for regulatory and ethical evaluation. There are five Portuguese- speaking African countries – Angola, Cabo Verde, Guinea-Bissau, Mozambique and São Tomé and Príncipe. Despite presenting different degrees of clinical research development, these countries show a common serious insufficiency in the minimum conditions necessary for hosting, collaborating or leading biomedical research projects. These countries are also excluded from the support of international organisations for capacity building because of the language barrier. The Biomedical Ethics and Regulatory Capacity Building Partnership for Portuguese-Speaking African Countries (BERC-Luso) project has developed methods to build capacity and partnership through research on national law, comparisons with international standards and by issuing recommendations at a national level. Through collaborative intensive training, trainees are taught to become educators at a national level. This, in turn, creates a sustainable impact at country level. BERC-Luso is a pioneering project, owing to a combination of innovative features. The partnership project: (i) was developed exclusively in Portuguese; (ii) involves a large number of African countries, and national and international institutions; (iii) has been further enhanced by the diversity and complementarity of its action plans; and (iv) has also benefited from a broad participatory methodology based on resolution of recipients’ problems by the recipients themselves. It thus stands out as a model for similar future projects.

Abstract. The use of the experience of implementing the Common Agricultural Policy (CAP) in the member states of the European Union (EU) is relevant both for Russia and for other countries of the world interested in the successful development of the agrarian sector of the economy and rural areas. The role of rural areas in achieving national security of countries and regions (food, biological, environmental and other) is increasing significantly due to the current challenges and threats (climate change, COVID-19 pandemic, aggravation of the international situation). The purpose of the study, the results of which are presented in this article, is to scrutinise the special approach implemented under the CAP. This approach is referred to in European law as LEADER/CLLD and refers to a close combination of comprehensive cross-sector interaction with active involvement of local communities in rural development. In the work, analytical and review research methods were used, with the help of which (1) the current (relevant to the research topic) legislation, (2) programs implemented in the EU member states, (3) significant scientific publications were subject to scrupulous study. The result of the work is a review and analysis of the findings and practical recommendations for the future use of the various aspects of LEADER/CLLD in domestic political and economic practice. The application of this approach takes into account the fact that the experience of local residents, combined with the opinions of other stakeholders, can help to better adapt rural development policy to real needs and opportunities, and to form a specific (unique) human capital within the boundaries of rural communities. Human capital includes, in addition to specific skills, (1) the ability to take constructive initiatives, (2) a sense of local identity and ownership, (3) the ability to participate as equals with other partners in defining local development strategies, (4) trust between people, private enterprises, public institutions and sectoral communities interested in successful rural development, formed through constant interaction. Theoretical and practical conclusions regarding the content of LEADER/CLLD initiatives, as well as findings related to the possibilities of introducing tools and mechanisms to support rural areas, implemented directly with the involvement of local communities with financial support from the state, are of scientific novelty.

The article examines the European experience of considering disputes in the field of social security, the ways of their prevention, the essence and methods of resolution, the possibility of borrowing positive assets of foreign states in the law enforcement practice of Ukraine is considered. Having analyzed the European experience of resolving disputes in the field of social security, three ways of their possible settlement are distinguished: 1) with the help of special courts on social security issues (sectoral justice); 2) through a civil process in general courts; 3) by means of conciliation and arbitration procedures. It was determined that a social model has developed in European countries, which is based on such values ​​common to all EU member states, such as: a close connection between the level of economic development and social progress; high level of social security, which is universal in nature; developed legislation; equal opportunities and fight against discrimination; production democracy; dialogue of social partners within the framework of contractual relations; availability of developed social infrastructure; the key role of the state in solving social problems; the struggle for employment and eradication of the phenomenon of social rejection and poverty; decent salary; social justice and solidarity in society. These basic values ​​also formed the basis of consideration and resolution of disputes in the field of social security. The listed values ​​should form the foundation of the Ukrainian theory and practice of social disputes. It was determined that the national specifics and practice of each European state provide for the use of various methods of resolving social disputes with recourse to social courts, reconciliation services, mediation, arbitration and mediation. The activity of social courts is based on the principles of tripartite cooperation (tripartism). Court cases are considered by a panel consisting of a professional judge and two non-professional judges. In addition, state mediation and mediation are effective measures for the pre-trial resolution of social disputes in the EU countries. They contribute to the relief of the judicial system, saving time and financial resources of the parties to the dispute. These institutions are little known for Ukraine and, at the same time, promising.

The present article deals with the decentralization reform in Ukraine, definition of basic concepts, in particular, «decentralization», «local self-government», «territorial community» has been installed, on the European Charter of Local Self-Government, as a fundamental international normative document, proclaiming the foundations of decentralization has been focused attention, the main conceptual document in the field of decentralization reform at the national level has been defined, problematic issues of decentralization reform implementation in Ukraine has been isolated, in the absence of a proper mechanism of legal regulation has been focused attention, after all, the new administrative-territorial system is not prescribed in the Constitution of Ukraine, on the inconsistency of the publicly announced goals of decentralization reform with the real actions of the authorities within the reform, contradictions regarding the legal status of the prefect in the system of renewed local self-government mechanism, irrationality of association of some territorial communities, legal unregulation of land decentralization procedure has been focused attention, negative impact of the consolidation of settlements, optimization of the network of medical institutions on life in territorial communities has been installed, issues of land decentralization and its consequences for citizens has been analyzed, bring in line the mechanism of legal regulation of issues related to decentralization reform, including, make appropriate changes to the Basic Law, adopt the Law «On the Principles of Administrative and Territorial Organization of Ukraine» and other legal acts necessary for the implementation of the reform has been suggested, on the need to bring national legislation into line with the European system of legal regulation has been emphasized, on the need to learn the experience of foreign countries in the field of decentralization reform has been focused attention, the expediency of revising the mechanism of community formation, which should be objective and consistent with the principle of economic efficiency has been installed, prospects for further research on the topic of decentralization reform in Ukraine has been defined.

The article is devoted to the study of cryptocurrency as a new means of payment, which is relevant both in Ukraine and abroad. The urgency of the problem described in the article is due to the accelerated scientific and technological progress and global computerization of society, where modern technologies contribute to the emergence and development of new mechanisms of the economy, in particular, relations using non-cash payments. The main features of cryptocurrency are considered and argued in the form of its advantages: availability, speed, decentralization, security, and disadvantages: unreliability, distrust of users, inability to cancel transactions, use to commit illegal acts. The features that are controversial in modern conditions are anonymity and transnationality. The main problems of cryptocurrency and its legal regulation are generalized. Emphasis is placed on the practice of regulating the cryptocurrency market in the European Union, as well as on the legislation of the Republic of Estonia in the field of virtual assets. The legal status of cryptocurrency in Ukraine is considered, which is an urgent problem on the way to its legalization both in the legislative and technical plan. Attempts to legally regulate a new type of currency are analyzed. Bills and acts of the National Bank of Ukraine in the field of cryptocurrency circulation are described. Gaps in the current legislation, in particular in the Law of Ukraine "On Prevention of Corruption", were identified, and ways to solve such problems were suggested. It is concluded that it is necessary to develop and create effective legislation in the field of regulation and control of cryptocurrency circulation not only at the national but also at the international level, because otherwise there is a threat to economic and financial life of the state and society and other problems for the international community. in the form of criminal acts with cryptocurrency, because today in Ukraine there is no effective legislation on the circulation of cryptocurrency, and the number of problems with the use of digital currency is growing every day, so it is worth paying attention to such components as the Internet and virtual assets, as in the leading countries of the world this direction is important in domestic and foreign policy.

The gradual evolution of the standards of the founding instruments of the European Communities and then the European Unionin the field of their judicial systems, which is subject to the integration processes in Europe, is comprehensively analyzed. Thoroughscientific works of both foreign and domestic scientists cover the problems of various spheres of development of the European Union,its institutions, in particular, its Court of Justice. However, the study of this topic was not given enough attention. Therefore, the purposeof the article is a comprehensive analysis of the evolution of the standards of the constituent instruments of these associations inrelation to the establishment and expansion of the jurisdiction of their Court of Justice in the pre-Lisbon period. It is established thatthe origins of the standards of the Court of Justice were enshrined in the founding treaties of the European Communities, and were furtherdeveloped in the founding instruments of the European Union, which were constantly being transformed. The jurisdiction of theCourt of Justice of the Coal and Steel Community was limited to a narrow sphere of economy, and with the entry into force of theTreaties establishing the European Economic Community and the European Atomic Energy Community (1958), the Court became ajoint institution for the three communities, with the powers of ensuring respect for the law in the interpretation and application of eachof the treaties.The peculiarities of the amendments made to the provisions of the following constituent instruments are discovered. The SingleEuropean Act (1986) provided for a certain unification of the legislation of Western European countries, supplementing the foundingtreaties of the Communities with new provisions on the establishment of the Court of First Instance to hear certain claims of individualsand legal entities to relieve the Court of Justice. The Maastricht Treaty (1992) formally proclaimed the establishment of the EuropeanUnion and defined the new structure of the Court of Justice (Court, Tribunal and Specialized Tribunals), its composition and powers,and powers of the Member States in the judicial field. The Amsterdam Treaty (1997) expanded the jurisdiction of the Court of Justiceof the European Union, namely certain areas of activity of courts, their cooperation with other competent authorities of the MemberStates, joint actions of judicial cooperation in criminal matters, etc. The Treaty of Nice significantly deepened the standards of thefounding instruments of the Court of Justice, expanded the powers of its judicial bodies and modernized its structure (including theCourt of Justice and the Court of First Instance), defined high requirements for judges and advocates general, the periods of theirreplacement, extended the jurisdiction of the Court of First Instance, etc. Further transformation of the standards of the Court of Justicehas been carried out under the Lisbon Treaty, which requires a separate study.

The article states that when reforming the public administration of Ukraine in the direction of its democratization and adaptation to European standards, one of the main issues is staffing the public administration with highly professional and competent professionals capable of working in government at the transformational stage of society. One of the priority areas of socio-economic development of Ukraine is the qualitative improvement of the system of training, retraining and advanced training of civil servants.Having set a course for the development of a qualitatively new civil service institution, the state has identified the need to reform the institute of professional training of civil servants. The adoption of the Law of Ukraine “On Civil Service” in 2016, which defined the guiding ideas and fundamental principles of the functioning of the institute of civil service in Ukraine, is considered to be a kind of start in reforming the institute of professional training of civil servants.An important problematic aspect of the issue of education of professionalism in the process of training civil servants are educational institutions that conduct educational activities in the field of training future civil servants. The implementation of educational activities in the field of professional training of civil servants is aimed at training highly qualified specialists in the field of civil service and public administration belongs to the competence of exclusively state institutions of higher education.The main issue of quality professional training of civil servants is the development of standards of higher education on the basis of their clear compliance with the needs of the civil service of Ukraine, namely professional training.It is necessary to bring the educational standard of knowledge «Public Administration and Management» in accordance with the requirements of current legislation and the practice of European countries regarding the calculation of the educational process in the process of educational activities and training of civil servants.Advanced training of civil servants is carried out on the basis of educational programs developed by relevant scientific and pedagogical workers-specialists in the field of public administration and governance. Currently, educational programs for the training of civil servants are being modernized. For example, training of civil servants in the European transfer and accumulation system is a borrowing of European Community practice in this area and allows for accurate accounting of learned material and also creates additional opportunities for government regulation in the field of civil servants.

This paper focuses on migration in the context of European integration which implies, on the one hand, internal integration, integration within the EU and, on the other hand, the enlargement process related to the countries that have applied to join the EU. The aim is to determine in which way the migration, especially refugee crisis in 2015, had influence on the EU, as a supranational political community, and what was the impact on Serbia which is in the process of integration into the European Union. Migrant crisis has shown that the EU has to confront many different issues including several issues of great importance for its survival and strengthening: how to influence on global processes to a greater extent instead of dealing with the consequences of the global politics of others; how to preserve and keep the values that the EU itself is founded and the values on which should be built upon further construction of the political community and, finally, weather the EU can be transformed in the direction of the United European States, in both the functional and in terms of values, or the EU will move towards deepening of Europe of concentric circles. Faced with extremely complex migration situation, Serbia does not have the appropriate institutional and regulatory framework, nor a political response to a series of complex issues in the area of migration and migration-related issues, such as asylum system, irregular migration, sustainable return of our citizens asylum seekers in EU member states, implementation of the agreement on readmission, the departure of highly educated - brain drain, migration and development, the fight against human trafficking (protection of victims, prevention, criminal prosecution of traffickers), and smuggling of migrants, issues of border management, demarcation and boundary determination (as well as the agreement that should be concluded). Some of these problems migrant crisis has made visible by encouraging coping with the need of systemic response to the flaws in the regulatory framework, in the policy concerning asylum seekers, irregular migration through the territory of Serbia, as well as in the sustainable return of our citizens, applicants for asylum in member states. If we put all this in the context of untimely planning, ineffective management of economic trends, the lack of financial support from Brussels to deal with the refugee crisis, but also in the context of the fact that the enlargement policy is aimed at meeting the Copenhagen criteria, but not on economic growth - then the fears of uncontrolled influx of migrants pose potential capital of radical and populist political options. In the relationship with Brussels, Serbia would have to fight for more under-standing regarding the state of the economy and, in general, regarding help with the costs of joining the EU, especially in case of further escalation of the migrant crisis. Serbia's image in the international arena has been changing for better because of the human attitude towards refugees and migrants who were in transit, but for the citizens of Serbia is much more important that the attitude towards them is a part of the essential changes in the society, and not juste an agile response to the crisis - i. e. what metters most is to make appropriate administrative and legal measures, to effectively manage the problems that migrant crisis put in the foreground, but primarily to change the essence of political community and to have this change of image as a result of state and society transformation towards strengthening democratic institutions, the rule of law, media freedom and developed human rights and freedoms.

Ukraine, choosing its strategic course of integration into the European Union, took the time to accelerate the reform of various spheres of socio-political and economic life of the country, in particular, the sphere of tourism services, transforming it into the standards of the European Union. The world-wide experience of progressive management gives tourism the first place among other sectors of the economy in terms of exports of goods and services. In conditions of development of the Ukrainian state, tourism becomes an effective means of forming a market mechanism of management, the receipt of significant funds to the state budget, one of the forms of rational use of free time, conducting meaningful leisure, studying the history of the native land, attracting the general population to the knowledge of the historical and cultural heritage. Current experience and scientific research show that accelerated development of rural green tourism can play the role of a catalyst for structural adjustment of the economy, provide demographic stability and solve urgent socio-economic problems in rural areas. It is important for Ukraine to overcome the gap in this area and realize the existing rich tourism potential through an elaborate policy of state regulation, including at the regional level. One of the reasons for the rapid development of rural green tourism in Europe is the crisis in the agricultural sector. Today, the process of productivity and automation of agriculture leads to jobs reduction. In fact, in many rural regions of Europe, agriculture has ceased to be the most important form of land use and the most important activity of the rural community. The rural green tourism is closely linked with other types of tourism, primarily with recreational, cultural, specialized tourism types – relief, gastronomy, ethno-tourism, etc. All this allows rural tourism to be included in combined tours, increasing the demand for a traditional tourist product. The rural green tourism in Ukraine is a holiday of the inhabitants of the city in the countryside in guest rooms created by a village family on the basis of its own residential house and private plot. As entrepreneurial activity, rural green tourism develops rather heterogeneously in different regions of Ukraine. Systematization of motivational interests of the rural green tourism activation in the regions of Ukraine showed that the dominant motives for diversification of activities in agricultural sector in the current conditions of rural areas development are: increase of incomes of rural population and increase of employment level, the possibility of diversification of income sources of peasants, significant investments and additional training, opportunities for self-realization of rural inhabitants. Priority directions of development of green tourism in these regions in the near future should be: reception and accommodation of tourists; rental of tourist equipment; production and sale of tourist goods of folk crafts; provision of tourist services (bicycle, gastronomy, agrotourism, cultural and historical tourism, organization of recreational recreation, mountain and ecological tourism); organization of tasting and culinary excursions; active development of the hotel business, camping (construction of agricultural cottages, fishing houses, farmhouses, horse farms); organization of historical and ethnographic events; distribution of religious tours; providing a complex of widely distributed services (fishing, hunting, picking berries and mushrooms, medicinal plants, etc.); development and popularization of water sports (kiting, windsurfing). The research of the current conditions for the development of green tourism in the regions of Ukraine allowed to outline the area of the key problems that hinder the active expansion of this type of activity: - disorderly legislation on key aspects of tourism business regulation in rural areas; lack of a law regulating this type of activity; - low level of development of the infrastructure of the market of green tourism services and social infrastructure of the village; - outdated stereotypes of rural residents, which hinder the active development of the newest types of tourism industry, the pronounced unsystematic and irregular nature of services; - absence of state programs supporting development of green tourism and limited amount of their financial, consulting and information-marketing support; - low level of informatization and popularization of green tourism in the regions of Ukraine among the population of European countries; - lack of political stability and social tension in society, deterioration of the world image of Ukraine. Thus, Ukraine has a rather powerful potential for the development of green tourism as an alternative type of agribusiness in the regions of Ukraine. In the context of modern economic conditions, solving key problems of development of green tourism forms the fundamental framework for addressing the most important socio-economic issues of rural areas: overcoming unemployment, promoting employment, raising incomes and quality of life for rural inhabitants.

LABURPENA: Egonkortasuneko Mekanismo Europarrean (EME) baldintzapena nola aplikatzen den aztertuko dugu artikulu honetan, Europar Batasunaren esparruan aitortuta dauden oinarrizko eskubideen ikuspegitik. Horretarako, giza eskubideen alorrean nazioarteko hitzarmenak aplikatzearen alde egin duten jarrera doktrinalak hartu dira erreferentziatzat, Nazioarteko Diru Funtsak (NDF) eta nazioarteko beste finantza-erakunde batzuek garapen bidean diren herrialdeekiko operazioetan txertatu duten baldintzapenari muga jartzeko. Europar Batasunaren eremuan 2009-2010 urteetako zor publikoaren krisiari erantzuna emateko sortu diren organismoek eta, batez ere, EMEk (euro eremuan egonkortasuna ziurtatzeko organismoak,) ordea, egiturazko elementu gisa sartu dute baldintzapena haien operazioetan, NDFaren antzeko filosofia hartuta, hau da, zuhurtziaren bitartez lortu nahi dute hazkunde ekonomikoa, eta, horren ondorioz, oinarrizko eskubide batzuk ezin izan dira behar bezala gauzatu. Horrek mahai gainean jartzen du kontu bat, ea politika horiek bateragarri ote diren Europar Batasunaren helburu eta printzipioekin; hasiera batean «zuzenbidezko komunitatea» esamoldeaz definitu baitzuten EB, eta giza eskubideetan oinarrituta eraiki. Justizia Auzitegiak horri buruz idatzi zuen lehenengo epai —goiztiarrak— (Pringle epaiak), ordea, ez zuen zehaztu EMEren baldintzapenak Europar Batasunaren xede eta printzipioekin eta giza eskubideekiko errespetuarekin bat egiten ote duen. Hala ere, badirudi irizpide hori aldatzen ari dela, Ledra Advertising-en duela gutxi eman den epaiaren harira; izan ere, jabetzarako eskubideari dei egiteko atea ireki du, baldintzapena ezartzearen ondorioz eragindako kalteengatiko ordaina eskatzeari dagokionez. Hortaz, EME Europako Diru Funtsean eraldatuta bakarrik heldu ahalko zaie oinarrizko eskubideei, EME erkideko erakunde gisa eratzen bada, baldintzapenaren ondorio kaltegarriak geldiarazteari edo arintzeari begira. Are gehiago, Europako Diru Funtsean baldintzapena judizialki kontrolatzea erreferentea izan liteke nazioarteko beste finantza-erakunde batzuentzat. RESUMEN: El presente artículo analiza la aplicación de la condicionalidad en el Mecanismo Europeo de Estabilidad (MEDE) desde la perspectiva de los derechos fundamentales reconocidos en el ámbito de la Unión Europea. A tal efecto, se toman como referencia las posiciones doctrinales que han venido defendiendo la aplicación de los convenios internacionales en materia de derechos humanos como límite a la condicionalidad introducida por el FMI y otras instituciones financieras internacionales en sus operaciones con los países en desarrollo. Los organismos creados en el ámbito de la Unión Europea para dar respuesta a la crisis de la Deuda pública de 2009-10, y de modo singular el MEDE, organismo creado para garantizar la estabilidad de la zona euro, han introducido, sin embargo, la condicionalidad como un elemento estructural en sus operaciones, con una filosofía parecida a la del FMI, es decir, conseguir el crecimiento económico a partir de la austeridad, con lo que se ha visto perjudicado el ejercicio de diversos derechos fundamentales. Ello plantea la cuestión de la compatibilidad de tales políticas con los objetivos y principios de la Unión Europea, definida en su día como «Comunidad de Derecho» y fundada sobre los valores de los derechos humanos. La primera —y temprana— sentencia dictada al respecto por el Tribunal de Justicia (sentencia Pringle) dejó, sin embargo, en el aire la cuestión de la compatibilidad de la condicionalidad del MEDE con los objetivos y principios de la Unión Europea y el respeto de los derechos humanos. Parece, no obstante, que este criterio tiende a modificarse a partir del reciente fallo en Ledra Advertising, que ha abierto la puerta a invocar el derecho de propiedad para ser indemnizado por los daños causados por la aplicación de la condicionalidad. Con todo, será a partir de la transformación del MEDE en el Fondo Monetario Europeo, si éste se constituye como institución comunitaria, como puede hacerse efectiva la invocación de los derechos fundamentales para frenar o mitigar los efectos perjudiciales de la condicionalidad. Más aún, el control judicial de la condicionalidad en el FME podría servir como referente para otras instituciones financieras internacionales. ABSTRACT: This article analyses the application of conditionality within the European Stability Mechanism (ESM) from the perspective of the fundamental rights recognized within the EU. To this end, we take as a reference the doctrinal positions that have been defending the application of international conventions on human rights as a limit to the conditionality introduced by the IMF and another financial international institutions in their operations with developing countries. The public agencies created within the EU in order to meet the demands of the public debt crisis of 2009-10, and specifically the ESM, a body created to guarantee the Euro zone’s stability, have nonetheless introduced the conditionality as a structural element in their operations, with a philosophy comparable to that of the IMF, i.e. to achieve economic growth from austerity, thus impairing the exercise of several fundamental rights. That raises the question of compatibility of those policies with the objectives and principles of the EU, defined one day as a «community of law» and founded upon the values of fundamental rights. The first —and early— judgement delivered on this ground by the European Court of Justice (Pringle case) left nevertheless in the air the compatibility of the conditionality of ESM with the objectives and principles of the EU and with the respect to human rights. It seems however that this criteria tends to be modified by the recent judgment Ledra Advertising that opened the door to invoke the right to property in order to be compensated by damages caused as a consequence of conditionality. Even so, it will be after the transformation of the ESM into an European Monetary Fund, if this is constituted as a Community institution, that invoking fundamental rights shall be effective in order to stop or mitigate the adverse effects of conditionality. What is more, the judicial control over conditionality within the EMF might serve as a reference for other international financial institutions.

ABSTRAK Penurunan profit bisnis kecil akibat implikasi ekonomi pasca pandemi COVID-19. Persoalan struktur permodalan menjadi kendala dalam mempertahankan dan meningkatkan usahanya secara terus menerus seiring kerubahan zaman. Koperasi Syariah sebagai salah satu lembaga keuangan Islam yang keislaman lebih dekat secara eksistensi maupun teritorial dengan masyarakat tingkat bawah sehingga menjadi alternatif pengembangan usaha masyarakat secara syariah sesuai persyaratan yang diberikan. Studi ini bertujuan untuk untuk menganalisis pengaruh literasi keuangan syariah dalam sikap, pengaruh sosial dan self-efficacy terhadap perilaku pemanfaatan produk koperasi syariah di Indonesia. Studi kuantitatif survey online dengan melibatkan 280 calon anggota koperasi syariah yang membutuhkan pembiayaan dan merupakan pemilik UMKM dijalankan dengan teknik analisis SEM PLS. Hasil studi menunjukkan pengaruh literasi keuangan terhadap sikap, pengaruh sosial dan self-efficacy lalu dilanjutkan arah jalur dukungan hipotesis terhadap niat untuk memilih Koperasi Syariah sebagai solusi kebutuhan finansial UMKM ditemukan. Strategi manajerial khususnya pemasaran dikembangkan dengan mempertimbangkan efek sikap positif, pengaruh sosial dan efikasi diri calon anggota sebagai pemilik bisnis atau produk keuangan syariah yang akan mereka tawarkan kepada pelanggan mereka akan berkontribusi pada pertumbuhan sektor UMKM khususnya UMKM Generasi Millenial dan UMKM Hijau di Indonesia melalui upaya promosi dan kerjasama. Kata Kunci: ASE Model, Ekonomi Islam, Koperasi Syariah, Pemberdayaan, UMKM. ABSTRACT The decline in small business profits due to the post-COVID-19 pandemic economy. The issue of capital structure is an obstacle in maintaining and increasing development continuously in line with the changing times. Sharia cooperatives as one of the Islamic financial institutions are closer in existence and territorially to the lower level of society so that they become an alternative for community business development in accordance with the requirements given. This study aims to analyze the effect of Islamic financial literacy on attitudes, social influence and self-efficacy on the application of Islamic cooperative products in Indonesia. Quantitative study of online surveys involving 280 prospective members of Islamic cooperatives who need financing and are MSME owners carried out with the PLS SEM analysis technique. The results of the study show the effect of financial literacy on attitudes, social influence and self-efficacy, then choosing the direction of hypothesis support for the intention to find Islamic Cooperatives as a solution to the financial needs of MSMEs. Managerial strategies especially marketing that are developed taking into account the effects of positive attitudes, social influence and self-efficacy of prospective members as owners or Islamic financial products that they will offer to their customers will increase the growth of the MSME sector, especially Millennial Generation MSMEs and Green MSMEs in Indonesia through promotional efforts and cooperation. Keywords: ASE Model, Islamic Economics, Sharia Cooperatives, Empowerment, MSMEs. REFERENCES Abourrig, A. (2021). Social influence in predicting Islamic banking acceptance: Evidence from Morocco. International Journal of Accounting, Finance, Auditing, 2(2), 42–56. https://doi.org/10.5281/zenodo.4641472 Ajzen, I. (1991a). The theory of planned behavior. Organizational Behavior and Human Decision Processes, 50(2), 179–211. https://doi.org/10.1016/0749-5978(91)90020-T Ajzen, I. (1991b). The theory of planned behavior. 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IntroductionExternal conditionalities have shaped public policy development in borrowing nations. This has been through top-down policy support programs, an example being the policy reforms under the structural adjustment program. Under the seed sector reforms Malawi committed to the Southern Africa Development Community and the Common Market for Eastern and Southern Africa harmonized seed regulations technical agreements.MethodsTo contribute to the debate, we analyzed the Malawi seed sector policy process by investigating three questions: What were the leading events? Who were the stakeholders involved, and their roles? Which factors influenced the policy process? Qualitative tools were employed based on policy process theory using the Kaleidoscope Model. We used stakeholder inception, planning, feedback workshops, and key informant interviews (N = 17). This data was complemented by grey literature as secondary information. Snowball sampling was used to identify key informant interview participants based on the saturation principle. Narrative analysis focusing on content, structure, and dialogic context was used.ResultsOur results show a strong external influence on the seed sector policy process. This began after independence when development partners supported the establishment of the public agricultural research system to improve production for food security and export. Failure to achieve the earlier objectives resulted in economic reforms aimed at private sector-led seed sector development based on market-oriented policies. The increase in the private sector's role called for adopting and enacting regulatory policies and legislation that used policy transfer theory. International financial institutions, multinational companies, and regional economic communities led this process. Our evidence suggests that the civil society community in Malawi contested the policies for not recognizing farmers' rights. This affected the domestication process of the harmonized seed regulations technical agreements.DiscussionTherefore, we recommend critical consideration and embracing of existing domestic social, political, and technical conditions to support economic policy reforms. This would help reduce unintended consequences and improve inclusivity. Governments may need to play an interlocutory role for the various actors in the policy domain during the domestication process.

Problem setting. One of the most important tasks of modern science of public management and administration is the further improvement of management technologies, management decisions in banking in particular and the increase of their efficiency and effectiveness. Accordingly, the scientific interest is not only in the study and the analysis of banking legislation of certain countries, but in the adaptation of national legislation to the directives of the European Union. The urgency of improving the mechanism of state regulation of the market for the provision of services for the collection of funds and transportation of currency valuables in the banking system of Ukraine is undeniable, the implementation of which should include the mandatory establishment of real requirements and measures of responsibility of managers of both individual financial institutions and regulatory bodies. Recent research and publications analysis. The organization of central banks of the world, their legal status, main functions, comparative aspects, regulatory activities in the field of the organization of cash circulation and cash collection were studied in the works of L. Voronova, D. Hetmantsev, V. Krotyuk, S. Yehorychev, M. Starynsky, P. Melnyk, S. Laptev, I. Zaverukha. Legal problems of legalization of firearms circulation in Ukraine were studied by А. Kolosok, P. Mitrukhov, P. Fries, S. Shumilenko and others. The works of V. Baranyak, V. Меzhyvy, М. Pinchuk, T. Pryhodko, V. Rybachuk, В. Tychyi, etc. are devoted to the study of legal problems of illegal handling of weapons. However, these works do not reflect the peculiarities of the use of firearms in subdivisions of collection of funds. Native and foreign scholars generally have not paid due attention to the study and the analysis of the existing model of cash circulation in Ukraine, its advantages, risks and disadvantages as well as the effective functioning of the market of collection of funds and transportation of currency valuables in the banking system of Ukraine. Highlighting previously unsettled parts of the general problem. The purpose of this article is to analyze the innovative foreign experience of state regulation of the market of collection of funds and transportation of currency valuables in the banking system of Ukraine (hereinafter – collection of funds) and to justify the need for its implementation in Ukraine. Another important problem in collection activities is the lack of legislative regulation of firearms trafficking as there is no law on weapons in Ukraine, there are only regulations of the Ministry of Internal Affairs of Ukraine, which greatly complicates its regulation by the state according to P. Fries. Paper main body. The market of collection of funds and transportation of currency valuables (hereinafter – the market of collection) is one of the most closed segments of the banking system of any country as a whole. The most popular way to pay for services and goods during the last few years, according to annual surveys conducted by the Swiss central bank, is cash. The important factor is that even with the spread of the COVID-19 coronavirus pandemic, the demand for cash and cash flow has increased significantly. The National Bank of Ukraine carries out regulatory activities in accordance with the requirements of the Law of Ukraine “On Principles of State Regulatory Policy in the Field of Economic Activity”. Collection of funds has never been a particularly profitable activity, for the subdivisions of collection of any country along with the staff and transportation costs, that is why to ensure the proper security of cash transportation is a very costly item of the estimate. In this regard, there is an urgent need for the adoption of the Law of Ukraine “On collection of funds and transportation of currency valuables” and “On firearms”, which would define the basic foundations, principles, forms of activities in the field of collection services, rights, duties and responsibilities of all participants in the collection market, in order to increase their reliability, safety and efficiency. In the countries of the European Union (EU), services for the collection and transportation of currency valuables are provided by public and private enterprises. In many EU countries there is no legal definition of the concept ‘collection’. In most cases, collection falls under the general legislation on the basics of security, except for Austria and Germany, which regulate such activities through professional organizations, insurance and collective agreements. Today, five foreign global CIT companies account for almost 60% of the global CIT market for cash collection and cash handling services. They are: – Brinks (USA) – 23%; – G4S (England) – 15%; – Loomis (Sweden) – 12%; – Prosegur (Spain) – 7%; – Garda (Canada) – 4%; – GSLS – 0.01%; – Other regional independent companies – 39%. In six EU countries (Denmark, Ireland, Greece, Sweden, Great Britain and the Netherlands) the presence of firearms during collection of funds is prohibited. In Belgium, Germany, France, Italy, Luxembourg and Spain, the presence of a weapon in the performance of professional collection duties is mandatory. Safe collection of funds largely depends on the fast, without delays, safe travel by road. Ukraine needs to reform its transport system to gain access to the European Union’s rail, road, river and air transport markets and to financial resources for building safe infrastructure of high quality. Conclusions of the research and prospects for further studies. Unfortunately, there are no well-known world CIT collection companies in the Ukrainian market of collection services and therefore Ukrainian banks and legal entities have to deal with local CIT companies, the authorized capital of which in some cases may be significantly less than the amount of the collected cash. In accordance with the mentioned above, for the effective functioning of the Ukrainian market of collection of funds and a balanced regulatory policy of the state, we suggest making appropriate changes and additions to the Laws of Ukraine on “Banks and Banking”, “National Bank of Ukraine”. To initiate the development and adoption of the Laws of Ukraine “On Collection and Transportation of Currency Valuables” and “On Firearms” which will ensure equal competitive conditions in the collection market for all its participants, reliable labor protection, social guarantees and rights of employees of collection divisions.

Problem setting. The system of public administration is a complex set of related elements and entities that interact with each other, so the manifestation of negative corruption minimizes the possibility of achieving positive results in the process of these communications. Special attention should be paid to the functioning of the customs system, which is an important part of the national economy of Ukraine. In this area, corruption abuses are extremely pronounced, given the peculiarities of the customs industry. This problem is acute and urgent, as its existence causes the progression of those negative phenomena that are currently present in the customs system of Ukraine and reduce the effectiveness of public administration in general.Recent research and publications analysis. The issue of corruption in the context of public administration is the subject of research by many scientists: V. Averyanov, O. Antonova, V. Bashtannyk, Y. Bytyak, I. Borodin, A. Vasyliev, I. Golosnichenko, E. Dodin, L. Koval, V. Kolpakov, A. Komzyuk, N. Lypovska, V. Olefir, O. Ostapenko, I. Pakhomov, O. Petrenko, S. Seryogin, I. Khozhylo, V. Shamray, H. Yarmaki etc. Given the wide range of researchers who study the specifics of corruption in the context of public administration, it is worth noting the significant gaps in the assessment of this issue from a sectoral perspective. In particular, it should be noted the great need to study corruption in customs and find ways to minimize this shameful phenomenon in modern conditions.Highlighting previously unsettled parts of the general problem. The need to analyze corruption processes in the customs authorities and substantiate offers for anti-corruption actions in the field of public administration led to the choice of the topic of the article.Paper main body. Corruption in the general sense can be defined as the illegal activity of persons called to perform the functions of the state, in the form of misuse of their powers in order to obtain benefits by increasing their material wealth, obtaining illegal services or benefits.Global trends indicate the presence of corruption in all countries, so this issue is a priority in solving all spheres of life, both developed and developing countries. In particular, public administration of European countries in the political, informational, institutional and legal context is aimed at combating corruption. To this end, there are such institutions common to EU countries as Greco, the Venice Commission, Olaf, Eurojust, Europol and others. At the interstate level, they coordinate and provide information and analytical support for anti-corruption measures, develop common legal standards in the form of community regulations.In the field of public administration, there is a sufficient legal resource on the basis of which it is possible to ensure anti-corruption policy in the state and, in particular, in the customs sphere. However, the customs system is characterized by a wide range of unresolved issues related to corruption abuses. Accordingly, there is a need to develop offers for overcoming and preventing corruption: development and implementation in the practice of customs authorities of methodological recommendations relating to their employees and aimed at resolving conflicts related to corruption; observance by customs officers of relevant ethical norms, which must harmonize with anti-corruption activities; effective application of responsibility to those guilty of corruption and comprehensive implementation of measures aimed at combating corruption; clear identification of those responsible for corruption in areas where there is a high risk of such abuses; regulation of procedures aimed at preventing corruption of customs officers in the performance of their official duties.Anti-corruption in customs authorities in the context of ensuring the effectiveness of public administration should include the implementation of the following measures: development of conceptual foundations of anti-corruption policy in the customs sphere; adopt a Code of Ethics for Customs Officers in accordance with the needs of anti-corruption policy; effective implementation of the principle of equality before the law in the context of reducing corruption; ensuring equal responsibility for corrupt actions not only for individuals but also for legal entities; ensure the absence of immunity from corrupt practices for officials, including senior executives; delimit the powers of bodies engaged in anti-corruption activities; to intensify the public to combat corruption; wide informing of the public about cases of corruption in customs bodies.Conclusions of the research and prospects for further studies. The problem of corruption in public authorities is a long-standing and painful issue in Ukraine. This problem is especially acute in the activities of customs authorities, as their activities are directly related to foreign economic activity, significant flows of goods and flows of financial resources across the customs border of the state. In turn, this is a direct threat to the country’s national security. Given the fact that Ukraine ranks relatively low in global rankings on the existence of corruption abuses, it is necessary to take decisive measures to reduce the manifestations of this phenomenon, in particular, in the customs authorities.

Photo by Mehdi Imani on Unsplash ABSTRACT Non-Profit and Non-Governmental Organizations (NPOs/NGOs) often receive research funds from private for-profit corporations through Corporate Social Responsibility (CSR). Harm industries such as tobacco and alcohol have utilized this opportunity to clear themselves of any blame in contributing to the disease burden, thus obscuring the real danger of their products. The association of public health institutions with such harmful industries has given rise to both financial and non-financial Conflicts of Interest (COIs). To resolve conflicts that arise out of this association, institutions have sought prohibition and full disclosure models. This article highlights the necessity to expand conflict of interest and include industries of implicit harm (fast fashion, mining, cosmetics, and sugary drinks) and not limit itself to just tobacco and alcohol. Simultaneously, the article underlines the hurdles in such an expansion. In conclusion, the article provides a hybrid model for conflict assessment that attempts to account for the limitations of a prohibition model as well as a full disclosure model. INTRODUCTION As public health research lacks funding, corporations fill a funding gap by allocating money to non-governmental organizations and non-profits.[1] However, the financial involvement of private corporations in public health research raises questions about conflicts of interest and research integrity.[2] Conflicts of interest must be a consideration in the philosophical framework that public health institutions ought to adopt. The recent focus on promoting a “socially conscious capitalistic environment” has led to the inception of corporate social responsibility[3] or an obligation of corporations to address social concerns their products or operations might bring about. Corporations engage in responsible actions to improve transparency and be more accountable for their actions.[4] Some corporations are motivated to be good corporate citizens through ethically profitable practices; they recognize a self-imposed obligation to use their resources to protect, and benefit society and they adhere to a social contract.[5] Corporate social responsibility has strong parallels with entrepreneurial philanthropy. By investing in research, that benefits the socio-economically disadvantaged, social responsibility initiatives further social goals.[6] There are two distinct problems with corporate social responsibility models: First, they attempt (but fail) to make up for a poor corporate endeavor like selling cigarettes. Some companies abuse their responsibilities and produce unhealthy goods or engage in practices that are contrary to social good. Furthermore, their philanthropic engagement may be ill-motivated. It enables them to access the socio-political domain, benefit from tax breaks, and profit directly from the “generosity” label without changing their core practices.[7] Second, corporate social responsibility leads to conflicts of interest in public research. Corporations fund public health research as a way to “act” responsible and to further a social goal.[8] Corporations that fund research at academic institutions, and non-profits pose financial conflicts of interest.[9] l. Conflict of Interest: Funding Effect and Ethical Engagement Arguably, tobacco and alcohol industries are in stark contrast to the goals of public health.[10] Their involvement in and contribution towards public health research may be motivated by a desire to improve their reputation. Harm industries engaging in public health research create a fundamental ethical tension.[11] Many scholars have defined conflict of interest in a variety of ways. In this article, we take the definition of conflict of interest as "a set of circumstances that creates a risk that professional judgement or actions regarding a primary interest will be unduly influenced by a secondary or a competing interest" [12] Thus, a financial conflict of interest occurs when funding leads to the risk of compromising the research project that is financed by the corporation. "Funding Effect" was coined after a study showed significant differences in research outcomes of private and public-funded drug efficiency safety studies.[13] Private-industry-sponsored research produced commercially favorable outcomes in comparison to publicly sponsored studies.[14] Research sponsored by the tobacco industry had scientists produce biased data, often making the best case for industrial interests.[15] Receiving funds from for-profit corporations has also led to reduced dissemination of unfavorable results and under-reporting of negative findings.[16] There is not enough research to assess the value of corporate funding to those in academics.[17] Qualitative and quantitative empirical research may help shape best practices when engaging with private corporations. Corporate social responsibility creates an illusion of righteousness. Tobacco companies have funded public health research designed to influence tobacco control policies.[18] Corporations have used research to further the narrative that personal responsibility plays an outsized role in alcohol consumption, thereby ignoring the social determinants of addiction and programs that include alcohol supply reduction.[19] A similar narrative has pervaded the sugary drinks discussion.[20] While there are many considerations, there is no homogenous policy to help tackle conflicts of interest in public health research.[21] Academic journals mandate declaring financial conflicts of interest. [22] However, declarations should attempt to incorporate an institutional view of values and not restrict themselves to personal convictions. Rather than approaching each conflict of interest and using declarations, journals should evaluate conflicts of interest in terms of risk. Such an evaluation also would address embedded research practices that may appear ethical on the surface but represent unrecognized bias.[23] The Mohammed Ali effect is a good example of this phenomenon. Self-reporting of ethical research behavior by scientists is under representative of actual occurrences of misconduct simply because peers are held to different standards than self.[24] ll. The Prohibition Model – A Deontological Framework The prohibition model discards any research in association with industries that would create a conflict of interest.[25] Academic institutions or journals that prohibit research by industry limit the ability of harm industries to engage in philanthropic public health research that may reflect pro-industry bias. The non-association with harm industries draws from Kant’s categorical imperative. In From the Groundwork of the Metaphysics of Morals, Kant[26] believes that moral behavior exists a priori. If we consider ethics a posteriori, we only deal with what we ‘already did,’ which is not the basis for a moral system. In a Kantian analysis, non-association with harm industries is the starting point of ethical behavior. Furthermore, in Metaphysics of Morals, Kant[27] outlines the motivations to act. He posits that ethical actions are motivated by duty and not by self-interest or immediate inclination. Thus, the prohibition model grounds itself in strong ethical imperatives. However, it would limit public health research funding. lll. The Disclosure Model: Conflicts of Interest are Inevitable The disclosure model claims that transparent disclosure procedures are enough to manage conflicts of interest. Often, a placating response to any concern is the disclosure of otherwise unavailable information.[28] Any disclosure should include enough information about the nature, scope, duration, and monetary forces within the for-profit organizational web to allow institutions to assess the risk to their own reputation of engaging in partnership or publishing research conducted by corporations.[29] In addition to transparency, disclosure allows for weighing risks and benefits by assessing proportionality. The proportionality principle requires that the benefits of the association or accepting funds from for-profits be great to justify the conflict of interest.[30] As a result of full disclosure, there is scope for increased accountability from private corporations and public health scholars to ensure that values are upheld throughout the association. However, disclosure is not always effective as it does not prevent or remedy a conflict of interest.[31] Disclosure rests on a presumption of wrongdoing and can deter prospective corporate engagement in public health research. However, the risk of deterring research participation is not a concern strong enough to loosen the values a public health institution must strive to achieve. Values such as transparency, proportionality, precautionary measures, and accountability make it easier to navigate disclosure requirements. Disclosure as a standalone method is not a foolproof technique.[32] Thus, a tailor-made model that can switch between the prohibition model and the disclosure model on a case-by-case basis might be more effective. Furthermore, academics need to ensure reasonable confidence that corporations would disclose financial conflicts of interest as the disclosure requirement often acts on an honor system. In case of non-compliance, either terminating the ties or establishing a legal recourse could be sought as alternatives. lV. The Case for Expanding the Definition of Conflicts of Interests Many industries are explicitly harmful to people. Tobacco and alcohol corporations engage in actions and create products that work against the ideals of public health. Industries like fast fashion, cosmetics, and many others that are seemingly harmless contribute significantly to the deterioration of public health through their treatment of workers, environmental impacts, and lobbying efforts that include relaxing laws meant to protect consumers and workers. The fashion industry produces large amounts of inexpensive clothing by outsourcing labor to lower- and middle-income countries,[33] creating environmental and occupational hazards for their citizens. Many countries lack institutional structures to prevent abuse of workers.[34] Fast fashion also leads to the production of solid waste that ends up in landfills with no efficient mechanism for its disposal.[35] The cosmetic industry releases a great number of micro-plastics into aquatic systems through face products which lead to a shift in their chemical composition.[36] The gambling industry harms health as gambling is addictive and can financially harm individuals, families, and interpersonal relationships.[37] The mining industry has occupational hazards such as inhaling of toxic substances as well as environmental hazards.[38] The sugary drink industry increases the burden of obesity, diabetes, and cardiovascular disease.[39] A prohibition model works well with industries that explicitly harm. Thus, non-association with the tobacco and alcohol industry becomes obvious. The difficulty in deciphering conflict of interest through association arises when public health institutions are looking to expand their non-association to industries of implicit harm. When looking to expand non-association into industries such as mining, fast fashion, sugary drinks, etc., we need to move away from a one-size-fits-all approach. Disclosure is not enough as it does not resolve the risk of bias; it merely provides transparency. Yet, a prohibition model would require academic institutions and journals to research funding relationships as well as harmful practices and would lead to less funding for research. V. The Traffic Light Model: A tailor-made hybrid of prohibition and disclosure Academic institutions, non-profits, and public health organizations might shape market practices and unearth latent intentions to contradict the social determinants of health if they are able to eliminate bias in public health research. This section presents a hybrid model for conflict-of-interest assessment and resolution that takes the metaphor of a traffic light. Figure 1 represents a schematic of the hybrid. Figure 1: A Schematic of the Traffic Light Hybrid As the schematic represents, industries that project values against public health, such as tobacco and alcohol, fall under the red light and hence can be put under non-association, i.e., the prohibition model. Expanding non-association to industries implicit in their harms, such as fast fashion, sugary drinks, mining, companies that exploit labor, would require us to proceed with the disclosure model. As mentioned before, disclosure would require assessing the conflict of interest in terms of proportionality, transparency, accountability, and ensuring that the precautionary principle has been met. Providing a legal recourse at every significant point during research might be helpful to eliminate conflicts that surface during the intermediate stages of research. The entire disclosure model falls under the yellow light urging us to go slow and err on the side of caution. The green light comprises pro-public health values corporations and exercises impactful operational methods that do not devalue public health goals. However, this should not be taken for face value. Any suspicion of conflict must be dealt with disclosure, and risk-based assessment should precede every funding decision. The three categories serve as a starting point for public health researchers to invest more in building a framework that helps assess such conflicts. Conflicts of interest are rather dynamic and require constant attention. Examining research practices and funder objectives is crucial. The impact of private corporations on public health research needs to be widely discussed in the academic community. Although the hybrid provides a starting point in designing a more dynamic and flexible framework, the presence of an institutional conflict of interest policy and committee with independent review and oversight of research is also a necessity.[40] Considering decreased federal funding, scholars have argued the necessity for corporate funding. Besides meeting the financial demand, corporate funding has brought in benefits such as employment opportunities, access to otherwise unavailable tools and technology, and turning academic research into commercially viable practice.[41] Although the goals of public health research, such as the creation of public goods, affordable and safe housing, access to vaccines, etc., may seem utilitarian, it is important to understand that corporations influence research practices that are more deontological in nature. Research integrity has to do with ethical conduct of research and shaping best practices. Thus, an efficient way to deal with research practice and bias is by invoking the Kantian categorical imperative grounded in procedural ethics rather than consequentialist ethics. A Kantian perspective allows considering conflicts of interest as an institutional value. In addition to focusing on individual research practices, public health institutions need to develop an institutional conflict of interest framework where the values of a public health institution shape corporate engagement. Another closely related discourse that has a significant bearing on corporate involvement is commercial determinants of health. It considers corporations as contributors to disease burden and holds them as part of a structural problem.[42] By shaping research practices and investing in designing conflicts of interest policies, public health institutions can redefine the narrative of accountability. By actively evaluating financial links within the corporation and assessing risks of bias and influence in research, public health institutions can check the power imbalance that corporations tend to misuse.[43] More importantly, furthering a narrative that defines disease burden in terms of corporate contribution signals support to those who fight against the injustices perpetrated by large-scale corporations. People from lower- and middle-income countries and several indigenous communities have been forced out of their neighborhoods for corporate expansion.[44] As a public health institution, it is important to support vulnerable groups outpowered and forced into poor living conditions by global corporations. CONCLUSION The consumption of tobacco, alcohol, polluting motor vehicles, and other products of disease-promoting corporations have presented a significant struggle in improving public health. Engaging with such corporations through corporate social responsibility ventures into the highly contentious ethical territory. From a fundamental difference in the values endorsed, for-profit corporations present a conflict of interest in public health research. Public health institutions should be wary of the influence of corporate funding provided through social responsibility programs. Academic bias and the use of corporate social responsibility as a backdoor to legitimizing questionable practices are problematic. The prohibition and disclosure models independently do not perform efficiently against the dynamic nature of conflicts of interest. The hybrid model for institutional conflict-of-interest policy incorporates both the prohibition and disclosure models and allows for switching between them on a case-by-case basis. Managing corporate power requires dealing with conflict of interests broadly and as a risk-susceptibility issue rather than an occurrence issue. - [1] Denier, Y. (2008). Mind the gap! Three Approaches to Scarcity in Health Care. Medicine, Health Care and Philosophy, 11(1), 73-87. [2] Gupta, A., Holla, R., & Suri, S. (2015). Conflict of Interest in Public Health: Should There be a Law to Prevent It? Indian J Med Ethics, 12(3), 172-7. [3] de Vries, H. (2016). Invited Commentary: Corporate Social Responsibility and Public Health: An Unwanted Marriage; Resnik, D. B. (2019). Institutional Conflicts of Interest in Academic Research. Science and Engineering Ethics, 25(6), 1661-1669. [4] Lee, K., & Bialous, S. A. (2006). Corporate Social Responsibility: Serious Cause for Concern. Tobacco Control, 15(6), 419-419. [5] Macassa, G., da Cruz Francisco, J., & McGrath, C. (2017). Corporate social responsibility and population health. Health Science Journal, 11(5), 1-6. [6] Harvey, C., Gordon, J., & Maclean, M. (2021). The Ethics of Entrepreneurial Philanthropy. Journal of Business Ethics, 171(1), 33-49. [7] Harvey, C., Gordon, J., & Maclean, M. (2021). The Ethics of Entrepreneurial Philanthropy. Journal of Business Ethics, 171(1), 33-49. [8] Resnik, D. B. (2019). Institutional Conflicts of Interest in Academic Research. Science and Engineering Ethics, 25(6), 1661-1669. [9] Royo Bordonada, M., & García López, F. (2018). What Is and What Is Not a Conflict of Interest in Public Health Research. European Journal of Public Health, 28(suppl_4), cky213-750. [10] de Vries, H. (2016). Invited Commentary: Corporate Social Responsibility and Public Health: An Unwanted Marriage. [11] Lee, K., & Bialous, S. A. (2006). Corporate Social Responsibility: Serious Cause for Concern. Tobacco Control, 15(6), 419-419. [12] Gupta, A., Holla, R., & Suri, S. (2015). Conflict of Interest In Public Health: Should There Be A Law To Prevent It?. Indian J Med Ethics, 12(3), 172-7. [13] Krimsky, S. (2013). Do Financial Conflicts of Interest Bias Research? An Inquiry into The “Funding Effect” Hypothesis. Science, Technology, & Human Values, 38(4), 566-587. [14] Ibid. [15] Ibid. [16] Nakkash, R. T., Mugharbil, S., Alaouié, H., & Afifi, R. A. (2017). Attitudes of Public Health Academics Toward Receiving Funds from For-Profit Corporations: A Systematic Review. Public Health Ethics, 10(3), 298-303. [17] Nakkash, R. T., Mugharbil, S., Alaouié, H., & Afifi, R. A. (2017). Attitudes of Public Health Academics Toward Receiving Funds From For-Profit Corporations: A Systematic Review. Public Health Ethics, 10(3), 298-303. (An attempt to review the research failed as there was not data on the “Attitudes of Public Health Academics towards receiving funds from for-profit corporations.”) [18] de Vries, H. (2016). Invited Commentary: Corporate Social Responsibility and Public Health: An Unwanted Marriage. [19] Yoon, S., & Lam, T. H. (2013). The illusion of Righteousness: Corporate Social Responsibility Practices Of The Alcohol Industry. BMC Public Health, 13(1), 1-11. [20] Gupta, A., Holla, R., & Suri, S. (2015). Conflict of interest in Public Health: Should There Be A Law To Prevent It?. Indian J Med Ethics, 12(3), 172-7. [21] Shamoo, A. S., & Resnik, D. B. (2015). Responsible Conduct of Research (3rd ed.). New York: Oxford University Press. [22] Resnik, D. B. (2019). Institutional Conflicts of Interest in Academic Research. Science And Engineering Ethics, 25(6), 1661-1669. [23] Field, M. J., & Lo, B. (Eds.). (2009). Conflict of Interest in Medical Research, Education, And Practice. [24] Fanelli, D. (2009). How Many Scientists Fabricate and Falsify Research? A Systematic Review and Meta-Analysis Of Survey Data. PloS one, 4(5), e5738. [25] Field, M. J., & Lo, B. (Eds.). (2009). Conflict of Interest in Medical Research, Education, and Practice. [26] Kant, I. (2008). Groundwork for the Metaphysics of Morals. Yale University Press. [27] Kant, I. (2008). Groundwork for the Metaphysics of Morals. Yale University Press. [28] Field, M. J., & Lo, B. (Eds.). (2009). Conflict of Interest In Medical Research, Education, And Practice. [29] IbId. [30] Childress, James F., R. Gaare Bernheim, R. J. Bonnie, and A. L. Melnick. "Introduction: A Framework For Public Health Ethics." Essentials Of Public Health Ethics 1 (2015): 1-20. [31] Fleishman, J. L. (1981). The Disclosure Model and Its Limitations. Hastings Center Report, 15-17. [32] Ibid. [33] Bick, R., Halsey, E., & Ekenga, C. C. (2018). The Global Environmental Injustice of Fast Fashion. Environmental Health, 17(1), 1-4. [34] Anguelov, N. (2015). The Dirty Side of The Garment Industry: Fast Fashion and Its Negative Impact on Environment and Society. CRC Press. [35] Wicker, A. Fast Fashion Is Creating an Environmental Crisis. Newsweek. September 1, 2016; Available from: https://www.newsweek.com/2016/09/ 09/old-clothes-fashion-waste-crisis-494824.html. Accessed 13 Aug 2021 [36] Alabi, O. A., Ologbonjaye, K. I., Awosolu, O., & Alalade, O. E. (2019). Public and Environmental Health Effects of Plastic Wastes Disposal: A Review. J Toxicol Risk Assess, 5(021), 1-13. [37] Wardle, H., Reith, G., Langham, E., & Rogers, R. D. (2019). Gambling and Public Health: We Need Policy Action to Prevent Harm. BMJ, 365. [38] Hendryx, M. (2015). The Public Health Impacts of Surface Coal Mining. The Extractive Industries and Society, 2(4), 820-826. [39] Flynn, A., & Okuonzi, S. A. (2016). Coca-Cola's Multifaceted Threat to Global Public Health. The Lancet, 387(10013), 25. [40] Resnik, D. B. (2019). Institutional Conflicts of Interest in Academic Research. Science And Engineering Ethics, 25(6), 1661-1669. [41] Bayer, R., & Sampat, B. N. (2016). Corporate Funding for Schools of Public Health: Confronting the Ethical and Economic Challenges. American Journal of Public Health, 106(4), 615-618. [42] McKee, M., & Stuckler, D. (2018). Revisiting The Corporate and Commercial Determinants of Health. American Journal of Public Health, 108(9), 1167-1170. [43] Daube, M. (2018). Shining a Light on Industry Research Funding. American Journal of Public Health, 108(11), 1441. [44] Munarriz, G. (2008). Rhetoric and Reality: The World Bank Development Policies, Mining Corporations, and Indigenous Communities in Latin America. International Community Law Review, 10(4), 431-443.

Introduction This article argues in favour of same-sex marriage, but only under certain conditions. Same-sex marriage ought to be introduced in the Australian context in order to remedy the formal inequalities between lesbian, gay, bisexual and transgender (LGBT) citizens and their heterosexual/cisgendered counterparts. One common method of justifying the introduction of formal same-sex relationship recognition has been via the promotion of LGBT “normalcy.” This article explores such a trend by analysing popular media and advertising, since media representations and coverage have been shown to affect the way the general public “learns, understands, and thinks about an issue” (Li and Lui 73). This article finds that the promotion of normalcy can, in fact, perpetuate hetero-norms, and only offer LGBT people an imaginary social equality. Such normalisation, it is suggested, is detrimental to a wider goal of gaining respect for LGBT people regardless, not in spite of, their identity and relationships. Yet, this article maintains that such imaginary equality can be avoided, so long as a plurality of possibilities for one’s intimate and familial life are actively legitimated and promoted. Australian Same-Sex Relationship Recognition The Relationships Act 2003 (Tas) was the first piece of Australian legislation to formally recognise same-sex relationships. This act allowed Tasmanian residents to register a partnership, although these unions were not recognised in any other Australian State. However, despite this State-based movement, as well as other examples of same-sex unions gaining increasing recognition in the West, not all legal changes have been positive for LGBT people. One example of this was the Howard Government’s 2004 reformation of the Marriage Act 1961 (Cwlth), which made explicit that marriage could only take place between one man and one woman to the exclusion of all others, and also refused to acknowledge same-sex marriages performed legally overseas. Furthermore, 2012 saw the failure of several Bills which sought the introduction of same-sex marriage at both the State and Federal level. Thus, same-sex marriage is still illegal in Australia to-date. But, despite these major setbacks, other progress towards same-sex relationship recognition has continued. At the Federal level, different-sex and same-sex de facto relationship recognition became formally equal over the period of 2008-9. Furthermore, it is both official Greens and Australian Labor Party policy to support equal marriage rights. At the State level, the example of recognising same-sex civil unions/registered partnerships has been followed by Victoria, the Australian Capital Territory, New South Wales, and Queensland. There are several reasons why same-sex couples may desire the right to marry. Some reasons are practical; in any given Nation-State where same-sex couples are without the right to marry, then same-sex partners are unable to claim the same benefits and undertake the same obligations as heterosexual married couples. They are formally unequal. On the basis of their empirical research Jowett and Peel argue that formal equality is a motivating factor for the same-sex marriage movement, noting that a likely incentive to engage in these unions would be security, since LGBT people have heretofore lived and continue to live with a very real threat of discrimination. This is largely why the option of civil unions was created in the West. The measure was first introduced by Denmark in 1989, and its purpose was to be a marriage-like institution, existing solely for the recognition of same-sex couples (Broberg 149). Although civil unions should theoretically offer same-sex couples the same legal benefits and obligations that heterosexual married couples receive, this is widely believed to be false in practice. The Netherlands has almost achieved full equality, at 96%; however, countries such as Belgium rate poorly, at 48% (Waaldijk 9). As such, it has been argued that civil unions are not sufficient alternatives to marriage. Amitai Etzioni claims, “many gay people feel strongly that unless they are entitled to exactly the same marriages as heterosexuals, their basic individual rights are violated, which they (and many liberals) hold as semisacred” (qtd. in Shanley 65). This opinion demonstrates that formal equality is a key concern of the same-sex marriage debate. However, it is not the only concern. The organisation Australian Marriage Equality (AME), which has been at the forefront of the fight for same-sex marriage since its establishment in 2004, claims that “Civil unions are not as widely understood or respected as marriage and creating a separate name for same-sex relationships entrenches a different, discriminatory, second-class status for these relationships” (Greenwich, The Case for Same-Sex Marriage 3). They claim further that, if recognition continues to be refused, it maintains the message that same-sex partners are not capable of the level of love and commitment associated with marriage (Greenwich, The Case for Same-Sex Marriage). Thus, AME claim that not only do the legal entitlements of civil unions frequently fail to be formally equivalent, but even the difference in name contributes to the ongoing discrimination of LGBT people. Although neither marriage nor civil unions are federally available to same-sex couples in Australia, AME argue that marriage must be primarily endorsed, then (Greenwich, A Failed Experiment 1). The argument is, if Australia were to introduce civil unions, but not marriage, civil unions would reify the second-class status of homosexuals, and would present same-sex relationships and homosexuality as inferior to different-sex relationships and heterosexuality. Thus, the title “marriage” is significant, and one strategy for demonstrating that LGBT people are fit for this title has been by promoting representations of sameness to the heterosexual mainstream. To achieve the status that goes along with the ability to marry, same-sex couples have typically tried to get their relationships publicly recognised and legally regulated in two ways. They have sought to (a) demonstrate that LGBT people do structure their relationships and familial lives according to the heteropatriarchal normative stereotypes of traditional family values, and/or (b) they emphasise the “born this way” aspect of LGBT sexuality/gender identity, refusing to situate it as a choice. This latter aspect is significant, since arguments based on natural “facts” often claim that what is true by nature cannot be changed, and/or what is true by nature is good (Antony 12). These two strategies thus seek to contribute to a shift in the public perception of homosexuals, homosexuality, and same-sex relationships. The idea, in other words, is to promote the LGBT subject as being a “normal” and “good” citizen (Jowett and Peel 206). Media Representations of Normal Gays In Australia, the normalcy of same-sex relationships has been advocated perhaps most obviously in television adverting. One such advertisement is run by Get Up! Action for Australia, an independent, grass-roots advocacy organisation. This ad is shot from a first-person perspective, where the camera is the eyes of the subject. It follows the blossoming of a relationship: from meeting a man on a boat, to exchanging phone numbers, dating, attending social events with friends, sharing special occasions, meeting each other’s families, sharing a home, caring for sick family members, and so forth, finally culminating in a proposal for marriage. Upon the proposal it is revealed that the couple consists of two young-adult, white, middle-class men. The purpose of this advertisement is to surprise the audience member, as the gay couple’s relationship follows the same trajectory of what is typically expected in a heterosexual relationship. The effect, in turn, is to shock the audience member into recognising that same-sex couples are just like different-sex couples. Hopefully, this will also serve to justify to the audience member that LGBT people deserve the same legal treatment as heterosexuals. The couple in this advertisement appear to be monogamous, their relationship seems to have blossomed over a length of time, they support each other’s families, and the couple comes to share a home. Projecting images like these suggests that such aspects are the relevant features of marriage, which LGBT people mimic. The second Australian advertisement from AME, features a young-adult, interracial, gay couple, who also appear to be middle-class. In this advertisement the families of the two partners, Ivan and Chris, comment on the illegal status of same-sex marriage in Australia. The ad opens with Ivan’s parents, and notes the length of their marriage—45 years. Ivan later claims that he wants to get married because he wants to be with Chris for life. These signals remind the viewer that marriage is supposed to be a life-long commitment, despite the prevalence of divorce. The advertisement also focuses on Chris’s parents, who claim that thanks to their son’s relationship their family has now expanded. The ad cuts between segments of spoken opinion and shots of family time spent at dinner, or in a park, and so on. At one point Ivan states, “We’re not activists; we’re just people who want to get married, like everyone else.” This reiterates the “normalcy” of the desire to marry in general, which is confirmed by Chris’s statement when he says, “It means that everyone would accept it. It’s sort of like a normal... A sense of normalcy.” This implies that to be seen as normal is both desirable and good; but more to the point, the ad positions LGBT people as if they are all already normal, and simply await recognition. It does not challenge the perception of what “normalcy” is. Finally, the advertisement closes with the written statement: “Marriage: It’s about family. Everyone’s family.” This advertisement thus draws connections between the legal institution of marriage and socially shared normative conceptions of married family life. While these two advertisements are not the only Australian television ads which support this particular vision of same-sex marriage, they are typical. What is interesting is that this particular image of homosexuality and same-sex relationships is becoming increasingly common in popular media also. For example, American sitcom Modern Family features a gay couple who share a house, have an adopted daughter, and maintain a fairly traditional lifestyle where one works full time as a lawyer, while the other remains at home and is the primary care-giver for their daughter. Their relationship is also monogamous and long-term. The couple is white, and they appear to have a middle-class status. Another American sitcom, The New Normal, features a white gay couple (one is Jewish) who also share a home, are in a long-term monogamous relationship, and who both have careers. This sitcom centres on this couple’s decision to have a child and the life of the woman who decides to act as their surrogate. This couple are also financially well off. Both of these sitcoms have prime Australian television slots. Although the status of the couples’ relationships in the aforementioned sitcoms is not primarily focussed on, they each participate in a relationship which is traditionally marriage-like in structure. This includes long-term commitment, monogamy, sharing a home and economic arrangements, starting and raising a family, and so on. And it is the very marriage-like aspects of same-sex relationships which Australian equal marriage advocates have used to justify why same-sex marriage should be legal. The depiction of on-screen homosexual couples (who are gay, rather than lesbian, bisexual, or trans) and the public debate in favour of same-sex marriage both largely promote and depend upon the perception of these relationships as effectively "the same" as heterosexual relationships in terms of structure, goals, commitment, life plans, lifestyle, and so on. A comment should be made on the particular representations in the examples above. The repetition of images of the LGBT community as primarily male, white, young-adult, middle-class, straight-looking, monogamous, and so on, comes at the expense of distancing even further those who do not conform to this model (Borgerson et. al. 959; Fejes 221). These images represent what Darren Rosenblum calls “but-for queers,” meaning that but-for their sexual orientation, these people would be just the same as “normal” heterosexuals. Rosenblum has commented on the increased juridical visibility of but-for queers and the legal gains they have won; however, he criticises that these people have been unable to adequately challenge heterosexism since their acceptance is predicated on being as much like normative heterosexuals as possible (84-5). Heterosexism and heteronormativity refer to the ways in which localised practices and centralised institutions legitimise and privilege heterosexuality, seeing it as fundamental, natural, and normal (Cole and Avery 47). If the only queers who gain visibility thanks to these sitcoms and advertisements are but-for queers, the likelihood that heterosexism will be challenged with the legal recognition of same-sex marriage drastically decreases. Appeals to sameness and normalcy typically refuse to critically examine heteronormative standards of acceptability. This results in the continued promotion of the “sexually involved couple,” realised according to particular normative standards, as the appropriate, best, or even natural trajectory for one’s intimate life. Thus, a key reason that some LGBT people have rejected marriage as an appropriate goal is because assimilative inclusion does not offer a legitimately respected social identity to LGBT people as a whole. When legal changes promoting the equality of LGBT people are predicated on their assimilation to heteronormative relationship criteria, this can only achieve “imaginary” equality and the illusion of progress, while real instances of homophobia, discrimination, marginalisation and hostility towards LGBT people continue (Richardson 394). Thus, given the highly specified representations of “normal” LGBT people, it is fair to conclude that there is a biased representation of same-sex relationships on-screen in terms of sex, race, ability, wealth, monogamy, and so on. The assimilationist strategy of publicising particularly gay identity and relationships as just like heterosexuality appears to depoliticise queerness and render lesbians, bisexuals, and transgender people more or less invisible. This can be problematic insofar as the subversive role that queer identity could play in bringing about social change regarding acceptability of other sexual and intimate relationships is lessened (Richardson 395-6). The question that emerges at this point, then, is whether same-sex marriage is doomed to perpetuate hetero-norms and designate all other non-conformists as socially, morally, and/or legally inferior. Pluralisation Ironically, while some activists reject civil unions, their introduction may be crucial to support a “pluralisation strategy.” AME is, in fact, not opposed to civil unions, so long as they do not pretend to be marriage (Greenwich, A Failed Experiment 1). However, AME’s main focus is still on achieving marriage equality, rather than promoting a diverse array of relationship recognition. A pluralisation strategy, though, would seek to question the very normative and hierarchical status of marriage, given the strategy’s key aim of greater options for legally regulated relationship recognition. Regarding polyamorous relationships specifically, Elizabeth Emens has argued that,The existence of some number of people choosing to live polyamorous lives should prompt us all to [...] think about our own choices and about the ways that our norms and laws urge upon us one model rather than pressing us to make informed, affirmative choices about what might best suit our needs and desires.” (in Shanley 79) While non-monogamous relationships have frequently been rejected, even by same-sex marriage activists, since they too threaten traditional forms of marriage, the above statement clearly articulates the purpose of the pluralisation strategy: to challenge people to think about the way norms and laws press one model upon people, and to challenge that model by engaging in and demanding recognition for other models of intimate and familial relationships. When a variety of formal options for legalising various types of relationships is legislated for, this allows people greater choice in how they can conceive and structure their relationships. It also creates a political space where norms can be publicly assessed, criticised, and re-evaluated. Thus, the goal to be achieved is the representation of multiple relationship/family structures as being of equal worth, rather than fixing them in a relationship hierarchy where traditional marriage is the ideal. There exist many examples of people who “do relationships differently”—whether they are homosexual, polyamorous, asexual, step-families, and so on—and the existence of these must come to be reflected as equally valuable and viable options in the dominant social imaginary. Representations in popular media are one avenue, for example, which advocates of this pluralisation strategy might employ in order to achieve such a shift. Another avenue is advocacy. If advocacy on the importance of formally recognising multiple types of relationships increased, this may balance the legitimacy of these relationships with marriage. Furthermore, it may prevent the perpetuation of hetero-norms and increase respect for LGBT identity, since they would be less likely to be pressured into assimilation. Thus, same-sex marriage activists could, in fact, gain from taking up the cause of refusing one single model for relationship-recognition (Calhoun 1037). In this sense, then, the emergence of civil union schemes as an alternative to marriage in the West has potentially yielded something very valuable in the way of increasing options regarding one’s intimate life, especially in the Australian context where diverse recognition has already begun. Interestingly, Australia has come some way towards pluralisation at the State level; however, it is hardly actively promoted. The civil union schemes of both Tasmania and Victoria have a provision entitling “caring couples” to register their relationships. A “caring couple” involves two people who are not involved in a sexual relationship, who may or may not be related, and who provide mutual or one-sided care to the other. The caring couple are entitled to the same legal benefits as those romantic couples who register their relationships. One can infer then, that not only sexual relationships, but those of the caring couple as in Tasmania and Victoria, or possibly even those of a relationship like one “between three single mothers who are not lovers but who have thrown in their lot together as a family,” could be realised and respected if other alternatives were available and promoted alongside marriage (Cornell, in Shanley 84). While Australia would have quite some way to go to achieve these goals, the examples of Tasmania and Victoria are a promising start in the right direction. Conclusion This paper has argued that marriage is a goal that LGBT people should be wary of. Promoting limited representations of same-sex oriented individuals and couples can perpetuate the primacy of hetero-norms, and fail to deliver respect for all LGBT people. However, despite the growing trend of justifying marriage and homosexuality thanks to “normalcy”, promotion of another strategy—a pluralisation strategy—might result in more beneficial outcomes. It may result in a more balanced weight of normative worth between institutions and types of recognition, which may then result in citizens feeling less compelled to enter marriage. Creating formal equality while pursuing the promotion of other alternatives as legitimate will result in a greater acceptance of queer identity than will the endorsement of same-sex marriage justified by LGBT normalcy. While the latter may result in speedier access to legal benefits for some, the cost of such a strategy should be underscored. 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Fejes, Fred. “Advertising and the Political Economy of Lesbian/Gay Identity.” Sex & Money: Feminism and Political Economy in the Media. Ed. Eileen Meehan & Ellen Riordan. Minnesota: University of Minnesota Press (2001): 213–22. GetUp!. "It’s Time." YouTube. (2011) 24 Nov. 2012 ‹http://www.youtube.com/watch?v=_TBd-UCwVAY›. Greenwich, Alex. “A Failed Experiment: Why Civil Unions Are No Substitute For Marriage Equality”. Australian Marriage Equality. (2009): 1–13. 20 Nov. 2012 ‹http://www.australianmarriageequality.com/wp/wp-content/uploads/2010/12/A-failed-experiment.pdf›. —. “The Case for Same-Sex Marriage”. Australian Marriage Equality. 2011. 20 Nov. 2012 ‹http://www.australianmarriageequality.com/wp/wp-content/uploads/2011/08/Why-Marriage-Equality.pdf›. Jowett, Adam, and Elizabeth Peel. “'Seismic Cultural Change?’: British Media Representations of Same-Sex Marriage.” Women’s Studies International Forum 33 (2010): 206–14. Li, Xigen, and Xudong Liu. “Framing and Coverage of Same-Sex Marriage in U.S. Newspapers.” Howard Journal of Communications 21 (2010): 72–91. Marriage Act 1961 (Cwlth). 20 Sept. 2012 ‹http://www.austlii.edu.au/au/legis/cth/consol_act/ma196185/›. Mclean, Sam. “About GetUp!” GetUp! Action for Australia. 2012. 20 Nov. 2012 ‹http://www.getup.org.au/about›. Relationships Act 2003 (Tas). 20 Sept. 2012 ‹http://www.austlii.edu.au/au/legis/tas/consol_act/ra2003173/›. Relationships Act 2008 (Vic). Web. 20 Nov. 2012 ‹http://www.austlii.edu.au/au/legis/vic/consol_act/ra2008173/›. Richardson, Diane. “Locating Sexualities: From Here to Normality.” Sexualities 7.4 (2004): 391–411. Rosenblum, Darren. “Queer Intersectionality and the Failure of Recent Lesbian and Gay ‘Victories.’” Law & Sexuality 4 (1994): 83–122. Shanley, Mary Lyndon. Just Marriage. Oxford: Oxford University Press, 2004. Waaldijk, Kees. 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Australia in Maps is a compilation of cartography taken from the collection of over 600,000 maps held at the Australian National Library. Included in this collection are military maps, coastal maps and modern-day maps for tourists. The map of the eastern coast of ‘New Holland’ drawn by James Cook when he ‘discovered’ Australia in 1770 is included. Also published is Eddie Koiki Mabo’s map drawn on a hole-punched piece of paper showing traditional land holdings in the Murray Islands in the Torres Strait. This map became a key document in Eddie Mabo’s fight for native title recognition, a fight which became the precursor to native title rights as they are known today. The inclusion of these two drawings in a collection of maps defining Australia as a country illustrates the dichotomies and contradictions which exist in a colonial nation. It is now fifteen years since the Native Title Act 1994 (Commonwealth) was developed in response to the Mabo cases in order to recognise Indigenous customary law and traditional relationships to the land over certain (restricted) parts of Australia. It is 220 years since the First Fleet arrived and Indigenous land was (and remains) illegally possessed through the process of colonisation (Moreton-Robinson Australia). Questions surrounding ‘country’ – who owns it, has rights to use it, to live on it, to develop or protect it – are still contested and contentious today. In part, this contention arises out of the radically different conceptions of ‘country’ held by, in its simplest sense, Indigenous nations and colonisers. For Indigenous Australians the land has a spiritual significance that I, as a non-Indigenous person, cannot properly understand as a result of the different ways in which relationships to land are made available. The ways of understanding the world through which my identity as a non-Indigenous person are made intelligible, by contrast, see ‘country’ as there to be ‘developed’ and exploited. Within colonial logic, discourses of development and the productive use of resources function as what Wetherell and Potter term “rhetorically self-sufficient” in that they are principles which are considered to be beyond question (177). As Vincent Tucker states; “The myth of development is elevated to the status of natural law, objective reality and evolutionary necessity. In the process all other world views are devalued and dismissed as ‘primitive’, ‘backward’, ‘irrational’ or ‘naïve’” (1). It was this precise way of thinking which was able to justify colonisation in the first place. Australia was seen as terra nullius; an empty and un-developed land not recognized as inhabited. Indigenous people were incorrectly perceived as individuals who did not use the land in an efficient manner, rather than as individual nations who engaged with the land in ways that were not intelligible to the colonial eye. This paper considers the tensions inherent in definitions of ‘country’ and the way these tensions are played out through native title claims as white, colonial Australia attempts to recognise (and limit) Indigenous rights to land. It examines such tensions as they appear in the media as an example of how native title issues are made intelligible to the non-Indigenous general public who may otherwise have little knowledge or experience of native title issues. It has been well-documented that the news media play an important role in further disseminating those discourses which dominate in a society, and therefore frequently supports the interests of those in positions of power (Fowler; Hall et. al.). As Stuart Hall argues, this means that the media often reproduces a conservative status quo which in many cases is simply reflective of the positions held by other powerful institutions in society, in this case government, and mining and other commercial interests. This has been found to be the case in past analysis of media coverage of native title, such as work completed by Meadows (which found that media coverage of native title issues focused largely on non-Indigenous perspectives) and Hartley and McKee (who found that media coverage of native title negotiations frequently focused on bureaucratic issues rather than the rights of Indigenous peoples to oppose ‘developments’ on their land). This paper aims to build on this work, and to map the way in which native title, an ongoing issue for many Indigenous groups, figures in a mainstream newspaper at a time when there has not been much mainstream public interest in the process. In order to do this, this paper considered articles which appeared in Australia’s only national newspaper – The Australian – over the six months preceding the start of July 2008. Several main themes ran through these articles, examples of which are provided in the relevant sections. These included: economic interests in native title issues, discourses of white ownership and control of the land, and rhetorical devices which reinforced the battle-like nature of native title negotiations rather than emphasised the rights of Indigenous Australians to their lands. Native Title: Some Definitions and Some Problems The concept of native title itself can be a difficult one to grasp and therefore a brief definition is called for here. According to the National Native Title Tribunal (NNTT) website (www.nntt.gov.au), native title is the recognition by Australian law that some Indigenous people have rights and interests to their land that come from their traditional laws and customs. The native title rights and interests held by particular Indigenous people will depend on both their traditional laws and customs and what interests are held by others in the area concerned. Generally speaking, native title must give way to the rights held by others. Native title is therefore recognised as existing on the basis of certain laws and customs which have been maintained over an area of land despite the disruption caused by colonisation. As such, if native title is to be recognised over an area of country, Indigenous communities have to argue that their cultures and connection with the land have survived colonisation. As the Maori Land Court Chief Judge Joe Williams argues: In Australia the surviving title approach […] requires the Indigenous community to prove in a court or tribunal that colonisation caused them no material injury. This is necessary because, the greater the injury, the smaller the surviving bundle of rights. Communities who were forced off their land lose it. Those whose traditions and languages were beaten out of them at state sponsored mission schools lose all of the resources owned within the matrix of that language and those traditions. This is a perverse result. In reality, of course, colonisation was the greatest calamity in the history of these people on this land. Surviving title asks aboriginal people to pretend that it was not. To prove in court that colonisation caused them no material injury. Communities who were forced off their land are the same communities who are more likely to lose it. As found in previous research (Meadows), these inherent difficulties of the native title process were widely overlooked in recent media reports of native title issues published in The Australian. Due to recent suggestions made by Indigenous Affairs Minister Jenny Macklin for changes to be made to the native title system, The Australian did include reports on the need to ensure that traditional owners share the economic profits of the mining boom. This was seen in an article by Karvelas and Murphy entitled “Labor to Overhaul Native Title Law”. The article states that: Fifteen years after the passage of the historic Mabo legislation, the Rudd Government has flagged sweeping changes to native title to ensure the benefits of the mining boom flow to Aboriginal communities and are not locked up in trusts or frittered away. Indigenous Affairs Minister Jenny Macklin, delivering the third annual Eddie Mabo Lecture in Townsville, said yesterday that native title legislation was too complex and had failed to deliver money to remote Aboriginal communities, despite lucrative agreements with mining companies. (1) Whilst this passage appears supportive of Indigenous Australians in that it argues for their right to share in economic gains made through ‘developments’ on their country, the use of phrases such as ‘frittered away’ imply that Indigenous Australians have made poor use of their ‘lucrative agreements’, and therefore require further intervention in their lives in order to better manage their financial situations. Such an argument further implies that the fact that many remote Indigenous communities continue to live in poverty is the fault of Indigenous Australians’ mismanagement of funds from native title agreements rather than from governmental neglect, thereby locating the blame once more in the hands of Indigenous people rather than in a colonial system of dispossession and regulation. Whilst the extract does continue to state that native title legislation is too complex and has ‘failed to deliver money to remote Aboriginal communities’, the article does not go on to consider other areas in which native title is failing Indigenous people, such as reporting the protection of sacred and ceremonial sites, and provisions for Indigenous peoples to be consulted about developments on their land to which they may be opposed. Whilst native title agreements with companies may contain provisions for these issues, it is rare that there is any regulation for whether or not these provisions are met after an agreement is made (Faircheallaigh). These issues almost never appeared in the media which instead focused on the economic benefits (or lack thereof) stemming from the land rather than the sovereign rights of traditional owners to their country. There are many other difficulties inherent in the native title legislation for Indigenous peoples. It is worth discussing some of these difficulties as they provide an image of the ways in which ‘country’ is conceived of at the intersection of a Western legal system attempting to encompass Indigenous relations to land. The first of these difficulties relates to the way in which Indigenous people are required to delineate the boundaries of the country which they are claiming. Applications for native title over an area of land require strict outlining of boundaries for land under consideration, in accordance with a Western system of mapping country. The creation of such boundaries requires Indigenous peoples to define their country in Western terms rather than Indigenous ones, and in many cases proves quite difficult as areas of traditional lands may be unavailable to claim (Neate). Such differences in understandings of country mean that “for Indigenous peoples, the recognition of their indigenous title, should it be afforded, may bear little resemblance to, or reflect minimally on, their own conceptualisation of their relations to country” (Glaskin 67). Instead, existing as it does within a Western legal system and subject to Western determinations, native title forces Indigenous people to define themselves and their land within white conceptions of country (Moreton-Robinson Possessive). In fact, the entire concept of native title has been criticized by many Indigenous commentators as a denial of Indigenous sovereignty over the land, with the result of the Mabo case meaning that “Indigenous people did not lose their native title rights but were stripped of their sovereign rights to manage their own affairs, to live according to their own laws, and to own and control the resources on their lands” (Falk and Martin 38). As such, Falk and Martin argue that The Native Title Act amounts to a complete denial of Aboriginal sovereignty so that Indigenous people are forced to live under a colonial regime which is able to control and regulate their lives and access to country. This is commented upon by Aileen Moreton-Robinson, who writes that: What Indigenous people have been given, by way of white benevolence, is a white-constructed from of ‘Indigenous’ proprietary rights that are not epistemologically and ontologically grounded in Indigenous conceptions of sovereignty. Indigenous land ownership, under these legislative regimes, amounts to little more than a mode of land tenure that enables a circumscribed form of autonomy and governance with minimum control and ownership of resources, on or below the ground, thus entrenching economic dependence on the nation state. (Moreton-Robinson Sovereign Subjects 4) The native title laws in place in Australia restrict Indigenous peoples to existing within white frameworks of knowledge. Within the space of The Native Title Act there is no room for recognition of Indigenous sovereignty whereby Indigenous peoples can make decisions for themselves and control their own lands (Falk and Martin). These tensions within definitions of ‘country’ and sovereignty over land were reflected in the media articles examined, primarily in terms of the way in which ‘country’ was related to and used. This was evident in an article entitled “An Economic Vision” with a tag-line “Native Title Reforms offer Communities a Fresh Start”: Central to such a success story is the determination of indigenous people to help themselves. Such a business-like, forward-thinking approach is also evident in Kimberley Land Council executive director Wayne Bergmann's negotiations with some of the world's biggest resource companies […] With at least 45 per cent of Kimberley land subject to native title, Mr Bergmann, a qualified lawyer, is acutely aware of the royalties and employment potential. Communities are also benefitting from the largesse of Australia’s richest man, miner Andrew “Twiggy” Forrest, whose job training courses and other initiatives are designed to help the local people, in his words, become “wonderful participating Australians.” (15) Again, this article focuses on the economic benefits to be made from native title agreements with mining companies rather than other concerns with the use of Indigenous areas of country. The use of the quote from Forrest serves to imply that Indigenous peoples are not “wonderful participating Australians” unless they are able to contribute in an economic sense, and overlooks many contributions made by Indigenous peoples in other areas such as environmental protection. Such definitions also measure ‘success’ in Western terms rather than Indigenous ones and force Indigenous peoples into a relationship to country based on Western notions of resource extraction and profit rather than Indigenous notions of custodianship and sustainability. This construction of Indigenous economic involvement as only rendered valid on particular terms echoes findings from previous work on constructions of Indigenous people in the media, such as that by LeCouteur, Rapley and Augoustinos. Theorising ‘Country’ The examples provided above illustrate the fact that the rhetoric and dichotomies of ‘country’ are at the very heart of the native title process. The process of recognising Indigenous rights to land through native title invites the question of how ‘country’ is conceived in the first place. Goodall writes that there are tensions within definitions of ‘country’ which indicate the ongoing presence of Indigenous people’s connections to their land despite colonisation. She writes that the word ‘country’: may seem a self-evident description of rural economy and society, with associations of middle-class gentility as well as being the antonym of the city. Yet in Australia there is another dimension altogether. Aboriginal land-owners traditionally identify themselves by the name of the land for which they were the custodians. These lands are often called, in today’s Aboriginal English, their ‘country’. This gives the word a tense and resonating echo each time it is used to describe rural-settler society and land. (162) Yet the distinctions usually drawn between those defined as ‘country’ people or ‘locals’ and the traditional Indigenous people of the area suggest that, as Schlunke states, in many cases Indigenous people are “too local to be ‘local’” (43). In other words, if white belonging and rights to an area of country are to be normalised, the prior claims of traditional owners are not able to be considered. As such, Indigenous belonging becomes too confronting as it disrupts the ways in which other ‘country’ people relate to their land as legitimately theirs. In the media, constructions of ‘country’ frequently fell within a colonial definition of country which overlooked Indigenous peoples. In many of these articles land was normatively constructed as belonging to the crown or the state. This was evidenced in phrases such as, “The proceedings [of the Noongar native title claim over the South Western corner of Australia] have been watched closely by other states in the expectation they might encounter similar claims over their capital cities” (Buckley-Carr 2). Use of the word their implies that the states (which are divisions of land created by colonisation) have prior claim to ‘their’ capital cities and that they rightfully belong to the government rather than to traditional owners. Such definitions of ‘country’ reflect European rather than Indigenous notions of boundaries and possession. This is also reflected in media reports of native title in the widespread use of European names for areas of land and landmarks as opposed to their traditional Indigenous names. When the media reported on a native title claim over an area of land the European name for the country was used rather than, for example, the Indigenous name followed by a geographical description of where that land is situated. Customs such as this reflect a country which is still bound up in European definitions of land rather than Indigenous ones (Goodall 167; Schlunke 47-48), and also indicate that the media is reporting for a white audience rather than for an Indigenous one whom it would affect the most. Native title debates have also “shown the depth of belief within much of rural and regional Australia that rural space is most rightfully agricultural space” (Lockie 27). This construction of rural Australia is reflective of the broader national imagining of the country as a nation (Anderson), in which Australia is considered rich in resources from which to derive profit. Within these discourses the future of the nation is seen as lying in the ‘development’ of natural resources. As such, native title agreements with industry have often been depicted in the media as obstacles to be overcome by companies rather than a way of allowing Indigenous people control over their own lands. This often appears in the media in the form of metaphors of ‘war’ for agreements for use of Indigenous land, such as development being “frustrated” by native title (Bromby) and companies being “embattled” by native title issues (Wilson). Such metaphors illustrate the adversarial nature of native title claims both for recognition of the land in the first place and often in subsequent dealings with resource companies. This was also seen in reports of company progress which would include native title claims in a list of other factors affecting stock prices (such as weak drilling results and the price of metals), as if Indigenous claims to land were just another hurdle to profit-making (“Pilbara Lures”). Conclusion As far as the native title process is concerned, the answers to the questions considered at the start of this paper remain within Western definitions. Native title exists firmly within a Western system of law which requires Indigenous people to define and depict their land within non-Indigenous definitions and understandings of ‘country’. These debates are also frequently played out in the media in ways which reflect colonial values of using and harvesting country rather than Indigenous ones of protecting it. The media rarely consider the complexities of a system which requires Indigenous peoples to conceive of their land through boundaries and definitions not congruent with their own understandings. The issues surrounding native title draw attention to the need for alternative definitions of ‘country’ to enter the mainstream Australian consciousness. These need to encompass Indigenous understandings of ‘country’ and to acknowledge the violence of Australia’s colonial history. Similarly, the concept of native title needs to reflect Indigenous notions of country and allow traditional owners to define their land for themselves. In order to achieve these goals and overcome some of the obstacles to recognising Indigenous sovereignty over Australia the media needs to play a part in reorienting concepts of country from only those definitions which fit within a white framework of experiencing the world and prioritise Indigenous relations and experiences of country. If discourses of resource extraction were replaced with discourses of sustainability, if discourses of economic gains were replaced with respect for the land, and if discourses of white control over Indigenous lives in the form of native title reform were replaced with discourses of Indigenous sovereignty, then perhaps some ground could be made to creating an Australia which is not still in the process of colonising and denying the rights of its First Nations peoples. The tensions which exist in definitions and understandings of ‘country’ echo the tensions which exist in Australia’s historical narratives and memories. The denied knowledge of the violence of colonisation and the rights of Indigenous peoples to remain on their land all haunt a native title system which requires Indigenous Australians to minimise the effect this violence had on their lives, their families and communities and their values and customs. As Katrina Schlunke writes when she confronts the realisation that her family’s land could be the same land on which Indigenous people were massacred: “The irony of fears of losing one’s backyard to a Native Title claim are achingly rich. Isn’t something already lost to the idea of ‘Freehold Title’ when you live over unremembered graves? What is free? What are you to hold?” (151). If the rights of Indigenous Australians to their country are truly to be recognised, mainstream Australia needs to seriously consider such questions and whether or not the concept of ‘native title’ as it exists today is able to answer them. Acknowledgments I would like to thank Damien Riggs and Andrew Gorman-Murray for all their help and support with this paper, and Braden Schiller for his encouragement and help with proof-reading. I would also like to thank the anonymous referees for their insightful comments. References Anderson, Benedict. Imagined Communities. London: Verso, 1983. “An Economic Vision.” The Australian 23 May 2008. Bromby, Robin. “Areva deal fails to lift Murchison.” The Australian 30 June 2008: 33. Buckley-Carr, Alana. “Ruling on Native Title Overturned.” The Australian 24 April 2008: 2. Faircheallaigh, Ciaran. “Native Title and Agreement Making in the Mining Industry: Focusing on Outcomes for Indigenous Peoples.” Land, Rights, Laws: Issues of Native Title 2, (2004). 20 June 2008 http://ntru.aiatsis.gov.au/ntpapers/ipv2n25.pdf Falk, Philip and Gary Martin. “Misconstruing Indigenous Sovereignty: Maintaining the Fabric of Australian Law.” Sovereign Subjects: Indigenous Sovereignty Matters. Ed. Aileen Moreton-Robinson. Allen and Unwin, 2007. 33-46. Fowler, Roger. Language in the News: Discourse and Ideology in the Press. London: Routledge, 1991. Glaskin, Katie. “Native Title and the ‘Bundle of Rights’ Model: Implications for the Recognition of Aboriginal Relations to Country.” Anthropological Forum 13.1 (2003): 67-88. Goodall, Heather. “Telling Country: Memory, Modernity and Narratives in Rural Australia.” History Workshop Journal 47 (1999): 161-190. Hall, Stuart, Critcher, C., Jefferson, T., Clarke, J. and Roberts, B. Policing the Crisis: Mugging, the state, and Law and Order. London: Macmillan, 1978. Hartley, John, and Alan McKee. The Indigenous Public Sphere: The Reporting and Reception of Aboriginal Issues in the Australian Media. Oxford: Oxford UP, 2000. Karvelas, Patricia and Padraic Murphy. “Labor to Overhaul Native Title Laws.” The Australian, 22 May 2008: 1. LeCouteur, Amanda, Mark Rapley and Martha Augoustinos. “This Very Difficult Debate about Wik: Stake, Voice and the Management of Category Membership in Race Politics.” British Journal of Social Psychology 40 (2001): 35-57. Lockie, Stewart. “Crisis and Conflict: Shifting Discourses of Rural and Regional Australia.” Land of Discontent: The Dynamics of Change in Rural and Regional Australia. Ed. Bill Pritchard and Phil McManus. Kensington: UNSW P, 2000. 14-32. Meadows, Michael. “Deals and Victories: Newspaper Coverage of Native Title in Australia and Canada.” Australian Journalism Review 22.1 (2000): 81-105. Moreton-Robinson, Aileen. “I still call Australia Home: Aboriginal Belonging and Place in a White Postcolonising Nation.” Uprooting/Regrounding: Questions of Home and Migration. Eds. S Ahmed et.al. Oxford: Berg, 2003. 23-40. Moreton-Robinson, Aileen. “The Possessive Logic of Patriarchal White Sovereignty: The High Court and the Yorta Yorta Decision.” Borderlands e-Journal 3.2 (2004). 20 June 2008. http://www.borderlands.net.au/vol3no2_2004/moreton_possessive.htm Morteton-Robinson, Aileen. Ed. Sovereign Subjects: Indigenous Sovereignty Matters. Allen and Unwin, 2007. Neate, Graham. “Mapping Landscapes of the Mind: A Cadastral Conundrum in the Native Title Era.” Conference on Land Tenure and Cadastral Infrastructures for Sustainable Development, Melbourne, Australia (1999). 20 July 2008. http://www.sli.unimelb.edu.au/UNConf99/sessions/session5/neate.pdf O’Connor, Maura. Australia in Maps: Great Maps in Australia’s History from the National Library’s Collection. Canberra: National Library of Australia, 2007. “Pilbara Lures Explorer with Promise of Metal Riches.” The Australian. 28 May 2008: Finance 2. Schlunke, Katrina. Bluff Rock: An Autobiography of a Massacre. Fremantle: Curtin U Books, 2005. “The National Native Title Tribunal.” Exactly What is Native Title? 29 July 2008. http://www.nntt.gov.au/What-Is-Native-Title/Pages/What-is-Native-Title.aspx The National Native Title Tribunal Fact Sheet. What is Native Title? 29 July 2008. http://www.nntt.gov.au Path; Publications-And-Research; Publications; Fact Sheets. Tucker, Vincent. “The Myth of Development: A Critique of Eurocentric Discourse.” Critical Development Theory: Contributions to a New Paradigm. Ed. Ronaldo Munck, Denis O'Hearn. Zed Books, 1999. 1-26. Wetherell, Margaret, and Jonathan Potter. Mapping the Language of Racism: Discourse and the Legitimation of Exploitation. New York: Harvester Wheatsheaf, 1992. Williams, Joe. “Confessions of a Native Title Judge: Reflections on the Role of Transitional Justice in the Transformation of Indigeneity.” Land, Rights, Laws: Issues of Native Title 3, (2008). 20 July 2008. http://ntru.aiatsis.gov.au/publications/issue_papers.html Wilson, Nigel. “Go with the Flow.” The Australian, 29 March 2008: 1.

Photo by Christian Bowen on Unsplash ABSTRACT Assisted Reproductive Technology can be a beneficial tool for couples unable to reproduce independently; however, it has historically discriminated against the LGBTQ+ community members. Given the evolution and acceptance of LGBTQ rights in recent years, discrimination and barriers to access reproductive technology and health care should be readdressed as they still exist within this community. INTRODUCTION In recent years, the LGBTQ+ community has made great strides toward attaining equal rights. This fight dates back to 1970 when Michael Baker and McConnell applied for a marriage license in Minnesota.[1] After the county courthouse denied the couple's request, they appealed to the Minnesota Supreme Court. Baker and McConnell’s dispute reached the US Supreme Court. Baker v. Nelson[2] was the first time a same-sex couple attempted to pursue marriage through higher courts in the US.[3] Because the couple lost the case, Baker changed his name to a gender-neutral one, and McConnell adopted Baker, allowing Baker and McConnell to have legal protections like the ability to receive certain inheritances. Baker and McConnell received a marriage license from an unsuspecting clerk from Blue Earth County, where they wed on September 3, 1971.[4] BACKGROUND The Supreme Court’s decision left individual state legislatures the option to accommodate same-sex couples’ rights constitutionally. As a result, some states banned same-sex marriage, while others offered alternative options such as domestic partnerships. With many obstacles, such as the Defense of Marriage Act (DOMA) and President Bush’s efforts to limit marriage to heterosexual people, Massachusetts became the first state to legalize gay marriage in 2003.[5] Other states slowly followed. Finally, in 2015 the US Supreme Court made same-sex marriage legal in all 50 states in Obergefell v. Hodges,[6] marking an important milestone for the LGBTQ+ community’s fight toward marriage equality. The Obergefell v. Hodges decision emphasized that members of the homosexual community are “not to be condemned to live in loneliness, excluded from one of civilization's oldest institutions,” thus granting them the right to “equal dignity in the eyes of the law.”[7] This paper argues that in the aftermath of the wide acceptance of LGBTQ rights, discrimination and barriers to access reproductive technology and health care persist nationally. Procreation also faces discrimination. Research supports that children’s overall psychological and physical welfare with same-sex parents does not differ compared to children with heterosexual parents.[8] Some others worry about the children’s developmental health and argue that same-sex male couples’ inability to breastfeed their children may be harmful; however, such parents can obtain breast milk via surrogate donation.[9] Further concerns regarding confusion in gender identity in children raised by same-sex parents are not supported by research in the field indicating that there are “no negative developmental or psychological outcomes for a child, nor does it result in differing gender identity, gender role behavior or sexual partner preference compared to opposite-sex parents.”[10] ANALYSIS l. Desire to Procreate The American perception toward same-sex unions has evolved “from pathology to deviant lifestyle to identity.”[11] In 2001, only 35 percent of Americans favored same‐sex marriage, while 62 percent favored it in 2017.[12] The “Gay marriage generation”[13] has a positive attitude toward same-sex unions, arising from the “interaction among activists, celebrities, political and religious leaders, and ordinary people, who together reconfigured Americans’ social imagination of homosexuality in a way that made gay marriage seem normal, logical, and good.”[14] Same-sex couples’ right to build a biological family and ability to do so using modern reproductive technology is unclear. The data generated by the LGBTQ Family Building Survey revealed “dramatic differences in expectations around family building between LGBTQ millennials (aged 18-35) and older generations of LGBTQ people,”[15] which may be in part attributable to recent federal rulings in favor of same-sex couples. Three important results from this survey are that 63 percent of LGBTQ millennials are considering expanding their families throughout parenthood, 48 percent of LGBTQ millennials are actively planning to grow their families, compared to 55 percent of non-LGBTQ millennials; and 63 percent of those LGBTQ people interested in building a family expect to use assisted reproductive technology (ART), foster care, or adoption to become parents.[16] There are 15.9 million Americans who identify as LGBTQ+ (6.1 million of whom are 18 to 35 years old); thus, an estimated “3.8 million LGBTQ+ millennials are considering expanding their families in the coming years, and 2.9 million are actively planning to do so.”[17] Yet access and affordability to ART, especially in vitro fertilization (IVF) and surrogacy for same-sex couples, has not been consistent at a national level. The two primary problems accessing ART for the LGBTQ community are the lack of federal law and cost. A federal law that guaranteed coverage would address both problems. ll. ART for Same-Sex Couples All same-sex male (SSM) couples and same-sex female (SSF) couples must involve third parties, including surrogates or egg or sperm donors.[18] ART involves the legal status of “up to two women (surrogate and egg donor),” the intended parents, and the child for SSM couples.[19] While sometimes necessary for heterosexual couples using ART, an egg or sperm from someone other than the intended parents or a surrogate will always be necessary for the LGBTQ people seeking ART. ART, in particular IVF, is essential for infertile couples unable to conceive on their own. Unlike other industrialized countries (such as Canada, the United Kingdom, Sweden, Germany, and Australia), the US does not heavily oversee this multibillion-dollar industry.[20] The American Society for Reproductive Medicine does provide lengthy guidelines to fertility clinics and sperm banks; however, state lawmakers have been less active as they seem to avoid the controversy surrounding controversial topics like embryo creation and abortion.[21] As a result, states “do not regulate how many children may be conceived from one donor, what types of medical information or updates must be supplied by donors, what genetic tests may be performed on embryos, how many fertilized eggs may be placed in a woman or how old a donor can be.”[22] lll. A Flawed Definition of Infertility The WHO defines the medical definition of infertility as “a disease of the reproductive system defined by the failure to achieve a clinical pregnancy after twelve months or more of regular unprotected sexual intercourse.”[23] This antiquated definition must be updated to include social infertility to integrate same-sex couples’ rights.[24] In the US, single individuals and LGBTQ couples interested in building a family by biological means are considered “socially infertile.”[25] If insurance coverage is allotted only to those with physical infertility, then it is exclusive to the heterosexual community. Although some states, such as New York, discussed below, have directly addressed this inequality by extending the definition of infertility and coverage of infertility treatments to include all residents regardless of sexual orientation, this is not yet the norm everywhere else. The outdated definition of infertility is one of the main issues affecting same-sex couples’ access to ART, as medical insurance companies hold on to the formal definition of infertility to deny coverage. lV. Insurance Coverage for IVF Insurance coverage varies per state and relies on the flawed definition of infertility. As of August 2020, 19 states have passed laws requiring insurance coverage for infertility, 13 of which include IVF coverage, as seen in Figure 1. Also, most states do not offer IVF coverage to low-income people through Medicaid.[26] In states that mandate IVF insurance coverage, the utilization rate was “277% of the rate when there was no coverage,”[27] which supports the likelihood that in other states, the cost is a primary barrier to access. When insurance does not cover ART, ART is reserved for wealthy individuals. One cycle of ART could cost, on average, “between $10,000 and $15,000.”[28] In addition, multiple cycles are often required as one IVF cycle only has “about a 25% to 30%” live birth success rate.[29] Altogether, the total cost of successful childbirth was estimated from $44,000 to $211,940 in 1992.[30] On February 11, 2021, New York Governor Andrew M. Cuomo “directed the Department of Financial Services to ensure that insurers begin covering fertility services immediately for same-sex couples who wish to start a family.”[31] New York had recently passed an IVF insurance law that required “large group insurance policies and contracts that provide medical, major medical, or similar comprehensive-type coverage and are delivered or issued for delivery in New York to cover three cycles of IVF used in the treatment of infertility.”[32] But the law fell short for same-sex couples, which were still required to “pay 6 or 12 months of out-of-pocket expenses for fertility treatments such as testing and therapeutic donor insemination procedures before qualifying for coverage.”[33] Cuomo’s subsequent order made up for gaps in the law, which defined infertility as “the inability to conceive after a certain period of unprotected intercourse or donor insemination.”[34] Cuomo’s order and the law combine to make New York an example other states can follow to broaden access to ART. V. Surrogacy Access to surrogacy also presents its own set of problems, although not exclusive to the LGBTQ community. Among states, there are differences in how and when parental rights are established. States in dark green in Figure 2 allow pre-birth orders, while the states in light green allow post-birth parentage orders. Pre-birth orders “are obtained prior to the child’s birth, and they order that the intended parent(s) will be recognized as the child’s only legal parent(s) and will be placed on the child’s birth certificate,” while post-birth parentage orders have the same intent but are obtained after the child’s birth. [35] For instance, states can require genetic testing post-birth, possibly causing a delay in establishing parentage.[36] Although preventable through the execution of a health care power of attorney, a surrogate mother could be the legal, medical decision-maker for the baby before the intended parents are legally recognized. On February 15, 2021, gestational surrogacy – the most popular type of surrogacy in which the surrogate has no biological link to the baby – was legalized in New York,[37] but it remains illegal in some states such as Nebraska, Louisiana, and Michigan.[38] In addition, the costs of surrogacy are rising, and it can cost $100,000 in the US.[39] Medicaid does not cover surrogacy costs,[40] and some health insurance policies provide supplemental surrogacy insurance with premiums of approximately $10,000 and deductibles starting at $15,000.[41] Thus, “surrogacy is really only available to those gay and lesbian couples who are upper class,”[42] leaving non-affluent couples out of options to start a family through biological means. Vl. A Right to Equality and Procreation Some argue that same-sex couples should have the right to procreate (or reproductive rights). Based on arguments stemming from equal rights and non-discrimination, same-sex couples who need to use ART to procreate should have access to it. The need to merge social infertility into the currently incomplete definition of fertility could help same-sex couples achieve access through insurance coverage. The human right of equality and non-discrimination guarantees “equal and effective protection against discrimination on any ground.”[43] The United Nations later clarified that “sexual orientation is a concept which is undoubtedly covered” [44] by this protection. The right to procreate is not overtly mentioned in the US Constitution; however, the Equal Protection Clause states that “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States… without due process of law.”[45] In fact, some states have abridged the reproductive privileges of some US citizens by upholding prohibitive and intricate mechanisms that deter same-sex couples from enjoying the privileges other citizens have. The Supreme Court acknowledged procreation as a “fundamental”[46] personal right, in Skinner v. Oklahoma, mandating that the reproductive rights of individuals be upheld as the right to procreate is “one of the basic civil rights of man”[47] because “procreation [is] fundamental to the very existence and survival of the race.”[48] In Eisenstadt v. Baird, the courts also supported that “the decision whether to bear or beget a child” fundamentally affects a person.[49] I argue that this protection extends to same-sex couples seeking to procreate. Finally, Obergefell v. Hodges held that the Due Process and Equal Protection clauses ensure same-sex couples the right to marriage, as marriage “safeguards children and families, draw[ing] meaning from related rights of childrearing, procreation, and education.”[50] By implicit or explicit means, these cases align with the freedom to procreate that should not be unequally applied to different social or economic groups. Yet, the cases do not apply to accessing expensive tools to procreate. As heterosexuals and the LGBTQ community face trouble accessing expensive ART for vastly different reasons, especially IVF and surrogacy, the equal rights or discrimination argument is not as helpful. For now, it is relevant to adoption cases where religious groups can discriminate.[51] The insurance coverage level may be the best approach. While the social norms adapt and become more inclusive, the elimination of the infertility requirement or changing the definition of infertility could work. Several arguments could address the insurance coverage deficit. Under one argument, a biological or physical inability to conceive exists in the homosexual couple trying to achieve a pregnancy. Depending on the wording or a social definition, a caselaw could be developed arguing the medical definition of infertility applies to the LGBTQ community as those trying to procreate are physically unable to conceive as a couple planning to become parents. One counterargument to that approach is that it can be offensive to label people infertile (or disabled) only because of their status as part of a homosexual couple.[52] CONCLUSION In the last 50 years, there has been a notable shift in the social acceptance of homosexuality.[53] Marriage equality has opened the door for further social and legal equality, as evidenced by the increased number of same-sex couples seeking parenthood “via co-parenting, fostering, adoption or surrogacy” – colloquially referred to as the ‘Gayby Boom’.[54] However, some prejudice and disdain toward LGBTQ+ parenting remain. Equitable access to ART for all people may be attainable as new technology drives costs down, legislators face societal pressure to require broader insurance coverage, and social norms become more inclusive. [1] Eckholm, E. (2015, May 17). The same-sex couple who got a marriage license in 1971. Retrieved April 08, 2021, from https://www.nytimes.com/2015/05/17/us/the-same-sex-couple-who-got-a-marriage-license-in-1971.html [2] Eckholm, E. [3] A brief history of civil rights in the United States: A timeline of the legalization of same-sex marriage in the U.S. (2021, January 27). Retrieved April 08, 2021, from https://guides.ll.georgetown.edu/c.php?g=592919&p=4182201 [4] Eckholm, E. [5] A brief history of civil rights in the United States: A timeline of the legalization of same-sex marriage in the U.S. (2021, January 27). Retrieved April 08, 2021, from https://guides.ll.georgetown.edu/c.php?g=592919&p=4182201 [6] A brief history of civil rights in the United States [7] A brief history of civil rights in the United States [8] Lee, J., & Bolzendahl, C. (2019). Acceptance and Rejection: Patterns of opinion on homosexuality in the United States and the world. Sociological Forum, 34(4), 1026-1031. doi:10.1111/socf.12562 [9] Lee, J., et al. [10] Lee, J., et al. [11] Lee, J., et al. [12] Lee, et al. [13] Lee, et al. [14] Lee, et al. [15] LGBTQ family building survey. (2020, July 02). Retrieved April 08, 2021, from https://www.familyequality.org/resources/lgbtq-family-building-survey/ [16] LGBTQ family building survey. (2020, July 02). Retrieved April 08, 2021, from https://www.familyequality.org/resources/lgbtq-family-building-survey/ [17] LGBTQ family building survey. (2020, July 02). Retrieved April 08, 2021, from https://www.familyequality.org/resources/lgbtq-family-building-survey/ [18] Mackenzie, S. C., Wickins-Drazilova, D., & Wickins, J. (2020). The ethics of fertility treatment for same-sex male couples: Considerations for a modern fertility clinic. European Journal of Obstetrics & Gynecology and Reproductive Biology, 244, 71-75. doi:10.1016/j.ejogrb.2019.11.011 [19] Mackenzie, et al. [20] Ollove, M. (2015, March 18). States not eager to regulate fertility industry. Retrieved April 08, 2021, from https://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2015/3/18/states-not-eager-to-regulate-fertility-industry [21] Ollove, M. [22] Ollove, M. [23] World Health Organization. (2020, September 14). Infertility. World Health Organization. https://www.who.int/news-room/fact-sheets/detail/infertility [24] Leondires, M. P. (2020, March 19). Fertility insurance Mandates & same-sex couples. Retrieved April 08, 2021, from https://www.gayparentstobe.com/gay-parenting-blog/fertility-insurance-mandates-same-sex-couples/ [25] Lo, W., & Campo-Engelstein, L. (2018). Expanding the Clinical Definition of Infertility to Include Socially Infertile Individuals and Couples. Reproductive Ethics II, 71–83. https://doi.org/10.1007/978-3-319-89429-4_6 [26] Mohapatra, S. (2015). Assisted Reproduction Inequality and Marriage Equality. Chicago-Kent Law Review, 92(1). Retrieved April 08, 2021, from https://scholarship.kentlaw.iit.edu/cgi/viewcontent.cgi?article=4146&context=cklawreview [27] Mohapatra, S. [28] Mohapatra, S. [29] Mohapatra, S. [30] Mohapatra, S. [31] Governor Cuomo announces new actions to expand access to FERTILITY coverage for same sex couples as part of 2021 Women's Agenda. (n.d.). [32] Health Insurers FAQs: IVF and Fertility Preservation Law Q&A Guidance. (n.d.). Retrieved April 08, 2021, from https://www.dfs.ny.gov/apps_and_licensing/health_insurers/ivf_fertility_preservation_law_qa_guidance [33] Governor Cuomo announces new actions to expand access to FERTILITY coverage for same sex couples as part of 2021 Women's Agenda. (n.d.). Retrieved April 08, 2021, from https://www.governor.ny.gov/news/governor-cuomo-announces-new-actions-expand-access-fertility-coverage-same-sex-couples-part#:~:text=February%2011%2C%202021-,Governor%20Cuomo%20Announces%20New%20Actions%20to%20Expand%20Access%20to%20Fertility,Part%20of%202021%20Women's%20Agenda&text=Cuomo%20today%20directed%20the%20Department,wish%20to%20start%20a%20family. [34] Leondires, M. P. [35] Assisted reproduction parentage proceedings information: Academy of Adoption and Assistive Reproduction Attorneys (AAAA). (2019, March 14). Retrieved April 08, 2021, from https://adoptionart.org/assisted-reproduction/parentage-proceedings/ [36] Assisted reproduction parentage proceedings information. [37] Governor Cuomo reminds surrogates and parents of their new Insurance rights and protections During Gestational Surrogacy. (n.d.). Retrieved April 08, 2021, from https://www.governor.ny.gov/news/governor-cuomo-reminds-surrogates-and-parents-their-new-insurance-rights-and-protections-during [38] U.S. Surrogacy Map: Surrogacy laws by state. (2020, December 23). Retrieved April 08, 2021, from https://www.creativefamilyconnections.com/us-surrogacy-law-map/ [39] Mohapatra, S. [40] Beitsch, R. (2017, June 29). As surrogacy surges, new parents seek legal protections. Retrieved April 08, 2021, from https://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2017/06/29/as-surrogacy-surges-new-parents-seek-legal-protections#:~:text=Medicaid%20does%20not%20cover%20surrogacy,and%20intended%20parents%20at%20risk. [41] Where to find surrogacy insurance? (2017, November 02). Retrieved April 08, 2021, from https://surrogate.com/intended-parents/surrogacy-laws-and-legal-information/where-can-i-find-surrogacy-insurance/ [42] Mohapatra, S. [43] International covenant on civil and political rights. (n.d.). Retrieved April 08, 2021, from https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx [44] United Nations. (2003). Human rights in the administration of justice: a manual on human rights for judges, prosecutors and lawyers. [45] U.S. Const. amend. XIV, § 1. [46] Skinner v. Oklahoma, Https://caselaw.findlaw.com/us-supreme-court/316/535.html (June 1, 1942). [47] Skinner v. Oklahoma [48] Skinner v. Oklahoma [49] Eisenstadt v. Baird, Https://www.lexisnexis.com/community/casebrief/p/casebrief-eisenstadt-v-baird (March 22, 1972). [50] Obergefell v. Hodges [51] Higgins, T. (2021, June 17). Supreme Court sides with Catholic adoption agency that refuses to work with LGBT couples. CNBC. https://www.cnbc.com/2021/06/17/supreme-court-sides-with-catholic-adoption-agency-that-refuses-to-work-with-lgbt-couples.html. [52] Bowerman, M., May, A., & Rossman, S. (2017, April 24). Should the definition of infertility be more inclusive? USA Today. https://www.usatoday.com/story/news/nation-now/2017/04/22/same-sex-couples-covered-infertility-insurance/100644092/. [53] Mackenzie, et al. [54] Mackenzie, et al.

Introduction The scientific validity of climate change claims, how to intervene (if at all) in environmental, economic, political and social consequences of climate change, and the adaptation and mitigation needed with any given climate change scenario, are contested areas of public, policy and academic discourses. For marginalised populations, the climate discourses around adaptation, mitigation, vulnerability and resilience are of particular importance. This paper considers the silence around disabled people in these discourses. Marci Roth of the Spinal Cord Injury Association testified before Congress in regards to the Katrina disaster: [On August 29] Susan Daniels called me to enlist my help because her sister in-law, a quadriplegic woman in New Orleans, had been unsuccessfully trying to evacuate to the Superdome for two days. […] It was clear that this woman, Benilda Caixetta, was not being evacuated. I stayed on the phone with Benilda, for the most part of the day. […] She kept telling me she’d been calling for a ride to the Superdome since Saturday; but, despite promises, no one came. The very same paratransit system that people can’t rely on in good weather is what was being relied on in the evacuation. […] I was on the phone with Benilda when she told me, with panic in her voice “the water is rushing in.” And then her phone went dead. We learned five days later that she had been found in her apartment dead, floating next to her wheelchair. […] Benilda did not have to drown. (National Council on Disability, emphasis added) According to the Intergovernmental Panel on Climate Change (IPCC), adaptation is the “Adjustment in natural or human systems in response to actual or expected climatic stimuli or their effects, which moderates harm or exploits beneficial opportunities” (IPCC, Climate Change 2007). Adaptations can be anticipatory or reactive, and depending on their degree of spontaneity they can be autonomous or planned (IPCC, Fourth Assessment Report). Adaptations can be private or public (IPCC, Fourth Assessment Report), technological, behavioural, managerial and structural (National Research Council of Canada). Adaptation, in the context of human dimensions of global change, usually refers to a process, action or outcome in a system (household, community, group, sector, region, country) in order for that system to better cope with, manage or adjust to some changing condition, stress, hazard, risk or opportunity (Smit and Wandel). Adaptation can encompass national or regional strategies as well as practical steps taken at the community level or by individuals. According to Smit et al, a framework for systematically defining adaptations is based on three questions: (i) adaptation to what; (ii) who or what adapts; and (iii) how does adaptation occur? These are essential questions that have to be looked at from many angles including cultural and anthropological lenses as well as lenses of marginalised and highly vulnerable populations. Mitigation (to reduce or prevent changes in the climate system), vulnerability (the degree to which a system is susceptible to, and unable to cope with, the adverse effects of climate change), and resilience (the amount of change a system can undergo without changing state), are other important concepts within the climate change discourse. Non-climate stresses can increase vulnerability to climate change by reducing resilience and can also reduce adaptive capacity because of resource deployment to competing needs. Extending this to the context of disabled people, ableism (sentiment to expect certain abilities within humans) (Wolbring, “Is there an end to out-able?”) and disablism (the unwillingness to accommodate different needs) (Miller, Parker and Gillinson) are two concepts that will thus play themselves out in climate discourses. The “Summary for Policymakers” of the IPCC 2007 report, Climate Change 2007: Impacts, Adaptation and Vulnerability, states: “Poor communities can be especially vulnerable, in particular those concentrated in high-risk areas. They tend to have more limited adaptive capacities, and are more dependent on climate-sensitive resources such as local water and food supplies.” From this quote one can conclude that disabled people are particularly impacted, as the majority of disabled people live in poverty (Elwan). For instance, CARE International, a humanitarian organisation fighting global poverty, the UN Office for the Coordination of Humanitarian Affairs, and Maplecroft, a company that specialises in the calculation, analysis and visualisation of global risks, conclude: “The degree of vulnerability is determined by underlying natural, human, social, physical and financial factors and is a major reason why poor people—especially those in marginalised social groups like women, children, the elderly and people with disabilities—are most affected by disasters” (CARE International). The purpose of this paper is to expose the reader to (a) how disabled people are situated in the culture of the climate, adaptation, mitigation and resilience discourse; (b) how one would answer the three questions, (i) adaptation to what, (ii) who or what adapts, and (iii) how does adaptation occur (Smit et al), using a disabled people lens; and (c) what that reality of the involvement of disabled people within the climate change discourse might herald for other groups in the future. The paper contends that there is a pressing need for the climate discourse to be more inclusive and to develop a new social contract to modify existing dynamics of ableism and disablism so as to avoid the uneven distribution of evident burdens already linked to climate change. A Culture of Neglect: The Situation of Disabled People As climates changes, environmental events that are classified as natural disasters are expected to be more frequent. In the face of recent disaster responses, how effective have these efforts been as they relate to the needs and challenges faced by disabled people? Almost immediately after Hurricane Katrina devastated the Gulf Coast, the National Council on Disability (NCD) in the United States estimated that 155,000 people with disabilities lived in the three cities hardest hit by the hurricane (about 25 per cent of the cities’ populations). The NCD urged emergency managers and government officials to recognise that the need for basic necessities by hurricane survivors with disabilities was “compounded by chronic health conditions and functional impairments … [which include] people who are blind, people who are deaf, people who use wheelchairs, canes, walkers, crutches, people with service animals, and people with mental health needs.” The NCD estimated that a disproportionate number of fatalities were people with disabilities. They cited one statistic from the American Association of Retired Persons (AARP): “73 per cent of Hurricane Katrina-related deaths in New Orleans area were among persons age 60 and over, although they comprised only 15 per cent of the population in New Orleans.” As the NCD stated, “most of those individuals had medical conditions and functional or sensory disabilities that made them more vulnerable. Many more people with disabilities under the age of 60 died or were otherwise impacted by the hurricanes.” As these numbers are very likely linked to the impaired status of the elderly, it seems reasonable to assume similar numbers for non-elderly disabled people. Hurricane Katrina is but one example of how disabled people are neglected in a disaster (Hemingway and Priestley; Fjord and Manderson). Disabled people were also disproportionately impacted in other disasters, such as the 1995 Great Hanshin Earthquake in Japan (Nakamura) or the 2003 heatwave in France, where 63 per cent of heat-related deaths occurred in institutions, with a quarter of these in nursing homes (Holstein et al.). A review of 18 US heatwave response plans revealed that although people with mental or chronic illnesses and the homeless constitute a significant proportion of the victims in recent heatwaves, only one plan emphasised outreach to disabled persons, and only two addressed the shelter and water needs of the homeless (Ebi and Meehl; Bernhard and McGeehin). Presence of Disabled People in Climate Discourse Although climate change will disproportionately impact disabled people, despite the less than stellar record of disaster adaptation and mitigation efforts towards disabled people, and despite the fact that other social groups (such as women, children, ‘the poor’, indigenous people, farmers and displaced people) are mentioned in climate-related reports such as the IPCC reports and the Human Development Report 2007/2008, the same reports do not mention disabled people. Even worse, the majority of the material generated by, and physically set up for, discourses on climate, is inaccessible for many disabled people (Australian Human Rights Commission). For instance, the IPCC report, Climate Change 2007: Impacts, Adaptation and Vulnerability, contains Box 8.2: Gender and natural disasters, makes the following points: (a) “men and women are affected differently in all phases of a disaster, from exposure to risk and risk perception; to preparedness behaviour, warning communication and response; physical, psychological, social and economic impacts; emergency response; and ultimately to recovery and reconstruction”; (b) “natural disasters have been shown to result in increased domestic violence against, and post-traumatic stress disorders in, women”; and (c) “women make an important contribution to disaster reduction, often informally through participating in disaster management and acting as agents of social change. Their resilience and their networks are critical in household and community recovery.” The content of Box 8.2 acknowledges the existence of different perspectives and contributions to the climate discourse, and that it is beneficial to explore these differences. It seems reasonable to assume that differences in perspectives, contributions and impact may well also exist between people with and without disabilities, and that it may be likewise beneficial to explore these differences. Disabled people are differently affected in all phases of a disaster, from exposure to risk and risk perception; to preparedness behaviour, warning communication and response; physical, psychological, social and economic impacts; emergency response; and ultimately to recovery and reconstruction. Disabled people could also make an important contribution to disaster reduction, often informally through participating in disaster management and acting as agents of social change. Their resilience and their networks are critical in household and community recovery, important as distributors of relief efforts and in reconstruction design. The Bonn Declaration from the 2007 international conference, Disasters are always Inclusive: Persons with Disabilities in Humanitarian Emergency Situations, highlighted many problems disabled people are facing and gives recommendations for inclusive disaster preparedness planning, for inclusive response in acute emergency situations and immediate rehabilitation measures, and for inclusive post-disaster reconstruction and development measures. Many workshops were initiated by disabled people groups, such as Rehabilitation International. However, the disabled people disaster adaptation and mitigation discourse is not mainstreamed. Advocacy by people with disability for accessible transport and universal or “life-cycle” housing (among other things) shows how they can contribute significantly to more effective social systems and public facilities. These benefit everyone and help to shift public expectations towards accessible and flexible amenities and services—for example, emergency response and evacuation procedures are much easier for all if such facilities are universally accessible. Most suggestions by disabled people for a more integrative, accessible physical environment and societal attitude benefit everyone, and gain special importance with the ever-increasing proportion of elderly people in society. The IPCC Fourth Assessment Report is intended to be a balanced assessment of current knowledge on climate change mitigation. However, none of the 2007 IPCC reports mention disabled people. Does that mean that disabled people are not impacted by, or impact, climate change? Does no knowledge of adaptation, mitigation and adaptation capacity from a disabled people lens exist, or does the knowledge not reach the IPCC, or does the IPCC judge this knowledge as irrelevant? This culture of neglect and unbalanced assessment of knowledge evident in the IPCC reports was recognised before for rise of a ‘global’ climate discourse. For instance, a 2001 Canadian government document asked that research agendas be developed with the involvement of, among others, disabled people (Health Canada). The 2009 Nairobi Declaration on Africa’s response to climate change (paragraph 36) also asks for the involvement of disabled people (African Ministerial Conference on the Environment). However, so far nothing has trickled up to the international bodies, like the IPCC, or leading conferences such as the United Nations Climate Change Conference Copenhagen 2009. Where Will It End? In his essay, “We do not need climate change apartheid in adaptation”, in the Human Development Report 2007/2008, Archbishop Desmond Tutu suggests that we are drifting into a situation of global adaptation apartheid—that adaptation becomes a euphemism for social injustice on a global scale (United Nations Development Programme). He uses the term “adaptation apartheid” to highlight the inequality of support for adaptation capacity between high and low income countries: “Inequality in capacity to adapt to climate change is emerging as a potential driver of wider disparities in wealth, security and opportunities for human development”. I submit that “adaptation apartheid” also exists in regard to disabled people, with the invisibility of disabled people in the climate discourse being just one facet. The unwillingness to accommodate, to help the “other,” is nothing new for disabled people. The ableism that favours species-typical bodily functioning (Wolbring, “Is there an end to out-able?”; Wolbring, “Why NBIC?”) and disablism (Miller, Parker, and Gillinson)—the lack of accommodation enthusiasm for the needs of people with ‘below’ species-typical body abilities and the unwillingness to adapt to the needs of “others”—is a form of “adaptation apartheid,” of accommodation apartheid, of adaptation disablism that has been battled by disabled people for a long time. In a 2009 online survey of 2000 British people, 38 per cent believed that most people in British society see disabled people as a “drain on resources” (Scope). A majority of human geneticist concluded in a survey in 1999 that disabled people will never be given the support they need (Nippert and Wolff). Adaptation disablism is visible in the literature and studies around other disasters. The 1988 British Medical Association discussion document, Selection of casualties for treatment after nuclear attack, stated “casualties whose injuries were likely to lead to a permanent disability would receive lower priority than those expected to fully recover” (Sunday Morning Herald). Famine is seen to lead to increased infanticide, increased competitiveness and decreased collaboration (Participants of the Nuclear Winter: The Anthropology of Human Survival Session). Ableism and disablism notions experienced by disabled people can now be extended to include those challenges expected to arise from the need to adapt to climate change. It is reasonable to expect that ableism will prevail, expecting people to cope with certain forms of climate change, and that disablism will be extended, with the ones less affected being unwilling to accommodate the ones more affected beyond a certain point. This ableism/disablism will not only play itself out between high and low income countries, as Desmond Tutu described, but also within high income countries, as not every need will be accommodated. The disaster experience of disabled people is just one example. And there might be climate change consequences that one can only mitigate through high tech bodily adaptations that will not be available to many of the ones who are so far accommodated in high income countries. Desmond Tutu submits that adaptation apartheid might work for the fortunate ones in the short term, but will be destructive for them in the long term (United Nations Development Programme). Disability studies scholar Erik Leipoldt proposed that the disability perspective of interdependence is a practical guide from the margins for making new choices that may lead to a just and sustainable world—a concept that reduces the distance between each other and our environment (Leipoldt). This perspective rejects ableism and disablism as it plays itself out today, including adaptation apartheid. Planned adaptation involves four basic steps: information development and awareness-raising; planning and design; implementation; and monitoring and evaluation (Smit et al). Disabled people have important knowledge to contribute to these four basic steps that goes far beyond their community. Their understanding and acceptance of, for example, the concept of interdependence, is just one major contribution. Including the concept of interdependence within the set of tools that inform the four basic steps of adaptation and other facets of climate discourse has the potential to lead to a decrease of adaptation apartheid, and to increase the utility of the climate discourse for the global community as a whole. References African Ministerial Conference on the Environment. Nairobi Declaration on the African Process for Combating Climate Change. 2009. 26 Aug. 2009 ‹ http://www.unep.org/roa/Amcen/Amcen_Events/3rd_ss/Docs/nairobi-Decration-2009.pdf ›. American Association of Retired Persons. We Can Do Better: Lessons Learned for Protecting Older Persons in Disasters. 2009. 26 Aug. 2009 ‹ http://assets.aarp.org/rgcenter/il/better.pdf ›. Australian Human Rights Commission. “Climate Change Secretariat Excludes People with Disabilities.” 2008. 26 Aug. 2009 ‹ http://www.hreoc.gov.au/about/media/media_releases/2008/95_08.html ›. Bernhard, S., and M. McGeehin. “Municipal Heatwave Response Plans.” American Journal of Public Health 94 (2004): 1520-21. CARE International, the UN Office for the Coordination of Humanitarian Affairs, and Maplecroft. Humanitarian Implications of Climate Change: Mapping Emerging Trends and Risk Hotspots for Humanitarian Actors. CARE International, 2008. 26 Aug. 2009 ‹ http://www.careclimatechange.org/files/reports/Human_Implications_PolicyBrief.pdf ›, ‹ http://www.careclimatechange.org/files/reports/CARE_Human_Implications.pdf ›. "Disasters Are Always Inclusive: Persons with Disabilities in Humanitarian Emergency Situations." Bonn Declaration from the International Conference: Disasters Are Always Inclusive: Persons with Disabilities in Humanitarian Emergency Situations. 2007. 26 Aug. 2009 ‹ http://www.disabilityfunders.org/webfm_send/6, http://www.disabilityfunders.org/emergency_preparedness ›, ‹ http://bezev.de/bezev/aktuelles/index.htm ›. Ebi, K., and G. Meehl. Heatwaves and Global Climate Change: The Heat Is On: Climate Change and Heatwaves in the Midwest. 2007. 26 Aug. 2009 ‹ www.pewclimate.org/docUploads/Regional-Impacts-Midwest.pdf ›. Elwan, A. Poverty and Disability: A Survey of the Literature. Worldbank, Social Protection Discussion Paper Series (1999): 9932. 26 Aug. 2009 ‹ http://siteresources.worldbank.org/DISABILITY/Resources/Poverty/Poverty_and_Disability_A_Survey_of_the_Literature.pdf ›. Fjord, L., and L. Manderson. “Anthropological Perspectives on Disasters and Disability: An Introduction.” Human Organisation 68.1 (2009): 64-72. Health Canada. First Annual National Health and Climate Change Science and Policy Research Consensus Conference: How Will Climate Change Affect Priorities for Your Health Science and Policy Research? Health Canada, 2001. 26 Aug. 2009 ‹ http://www.hc-sc.gc.ca/ewh-semt/pubs/climat/research-agenda-recherche/population-eng.php ›. Hemingway, L., and M. Priestley. “Natural Hazards, Human Vulnerability and Disabling Societies: A Disaster for Disabled People?” The Review of Disability Studies (2006). 26 Aug. 2009 ‹ http://www.rds.hawaii.edu/counter/count.php?id=13 ›. Holstein, J., et al. “Were Less Disabled Patients the Most Affected by the 2003 Heatwave in Nursing Homes in Paris, France?” Journal of Public Health Advance 27.4 (2005): 359-65. Intergovernmental Panel on Climate Change. Climate Change 2007: Impacts, Adaptation and Vulnerability. 2007. 26 Aug. 2009 ‹ http://www.ipcc.ch/publications_and_data/publications_ipcc_fourth_assessment_report_wg2_report_impacts_adaptation_and_vulnerability.htm ›. Intergovernmental Panel on Climate Change. “Summary for Policymakers.” Eds. O. F. Canziani, J. P. Palutikof, P. J. van der Linden, C. E. Hanson, and M.L.Parry. Cambridge, UK: Cambridge University Press, 2007. 7-22. 26 Aug. 2009 ‹ http://www.ipcc.ch/pdf/assessment-report/ar4/wg2/ar4-wg2-spm.pdf ›. Intergovernmental Panel on Climate Change. IPCC Fourth Assessment Report Working Group III Report: Mitigation of Climate Change Glossary. 2007. 26 Aug. 2009 ‹ http://www.ipcc.ch/ipccreports/ar4-wg3.htm, http://www.ipcc.ch/pdf/assessment-report/ar4/wg3/ar4-wg3-annex1.pdf ›. Leipoldt, E. “Disability Experience: A Contribution from the Margins. Towards a Sustainable Future.” Journal of Futures Studies 10 (2006): 3-15. Miller, P., S. Parker and S. Gillinson. “Disablism: How to Tackle the Last Prejudice.” Demos, 2004. 26 Aug. 2009 ‹ http://www.demos.co.uk/files/disablism.pdf ›. Nakamura, K. “Disability, Destitution, and Disaster: Surviving the 1995 Great Hanshin Earthquake in Japan.” Human Organisation 68.1 (2009): 82-88. National Council on Disability, National Council on Independent Living, National Organization on Disability, and National Spinal Cord Injury Association and the Paralyzed Veterans of America. Emergency Management and People with Disabilities: before, during and after Congressional Briefing, 10 November 2005. 26 Aug. 2009 ‹ http://www.ncd.gov/newsroom/publications/2005/transcript_emergencymgt.htm ›. National Council on Disability. National Council on Disability on Hurricane Katrina Affected Areas. 2005. 26 Aug. 2009 ‹ http://www.ncd.gov/newsroom/publications/2005/katrina2.htm ›. National Research Council of Canada. From Impacts to Adaptation: Canada in a Changing Climate 2007. 26 Aug. 2009 ‹ http://adaptation.nrcan.gc.ca/assess/2007/pdf/full-complet_e.pdf ›. Nippert, I. and G. Wolff. “Ethik und Genetik: Ergebnisse der Umfrage zu Problemaspekten angewandter Humangenetik 1994-1996, 37 Länder.” Medgen 11 (1999): 53-61. Participants of the Nuclear Winter: The Anthropology of Human Survival Session. Proceedings of the 84th American Anthropological Association's Annual Meeting. Washington, D.C., 6 Dec. 1985. 26 Aug. 2009 ‹ http://www.fas.org/sgp/othergov/doe/lanl/lib-www/la-pubs/00173165.pdf ›. Scope. “Most Britons Think Others View Disabled People ‘As Inferior’.” 2009. 26 Aug. 2009 ‹ http://www.scope.org.uk/cgi-bin/np/viewnews.cgi?id=1244379033, http://www.comres.co.uk/resources/7/Social%20Polls/Scope%20PublicPoll%20Results%20May09.pdf ›. Smit, B., et al. “The Science of Adaptation: A Framework for Assessment.” Mitigation and Adaptation Strategies for Global Change 4 (1999): 199-213. Smit, B., and J. Wandel. “Adaptation, Adaptive Capacity and Vulnerability.” Global Environmental Change 16 (2006): 282-92. Sunday Morning Herald. “Who Lives and Dies in Britain after the Bomb.” Sunday Morning Herald 1988. 26 Aug. 2009 ‹ http://news.google.com/newspapers?nid=1301&dat=19880511&id=wFYVAAAAIBAJ&sjid=kOQDAAAAIBAJ&pg=3909,113100 ›. United Nations Development Programme. Human Development Report 2007/2008: Fighting Climate Change – Human Solidarity in a Divided World. 2008. 26 Aug. 2009 ‹ http://hdr.undp.org/en/media/HDR_20072008_EN_Complete.pdf ›. Wolbring, Gregor. “Is There an End to Out-Able? Is There an End to the Rat Race for Abilities?” M/C Journal 11.3 (2008). 26 Aug. 2009 ‹ http://journal.media-culture.org.au/index.php/mcjournal/article/viewArticle/57 ›. Wolbring, Gregor. “Why NBIC? Why Human Performance Enhancement?” Innovation: The European Journal of Social Science Research 21.1 (2008): 25-40.

For the past twenty years, academics and other social commentators have, by and large, shared the view that the phase of modernity through which we are currently passing is defined by two interrelated catalysts of change: the physical movement of people and the virtual movement of information around the globe. As we enter the second decade of the new millennium, it is certainly a timely moment to reflect upon the ways in which the prognoses of the scholars and scientists writing in the late twentieth century have come to pass, especially since—during the time this special issue has been in press—the revolutions that are gathering pace in the Arab world appear to be realising the theoretical prediction that the ever-increasing “flows” of people and information would ultimately bring about the end of the nation-state and herald an era of transnationalism (Appadurai, Urry). For writers like Arjun Appadurai, moreover, the concept of diaspora was key to grasping how this new world order would take shape, and how it would operate: Diasporic public spheres, diverse amongst themselves, are the crucibles of a postnational political order. The engines of their discourse are mass media (both interactive and expressive) and the movement of refugees, activists, students, laborers. It may be that the emergent postnational order proves not to be a system of homogeneous units (as with the current system of nation-states) but a system based on relations between heterogeneous units (some social movements, some interest groups, some professional bodies, some non-governmental organizations, some armed constabularies, some judicial bodies) ... In the short run, as we can see already, it is likely to be a world of increased incivility and violence. In the longer run, free from the constraints of the nation form, we may find that cultural freedom and sustainable justice in the world do not presuppose the uniform and general existence of the nation-state. This unsettling possibility could be the most exciting dividend of living in modernity at large. (23) In this editorial, we would like to return to the “here and now” of the late 1990s in which theorists like Arjun Appaduri, Ulrich Beck, John Urry, Zygmunt Bauman, Robert Robertson and others were “imagining” the consequences of both globalisation and glocalisation for the twenty-first century in order that we may better assess what is, indeed, coming to pass. While most of their prognoses for this “second modernity” have proven remarkably accurate, it is their—self-confessed—inability to forecast either the nature or the extent of the digital revolution that most vividly captures the distance between the mid-1990s and now; and it is precisely the consequences of this extraordinary technological revolution on the twin concepts of “glocality” and “diaspora” that the research featured in this special issue seeks to capture. Glocal Imaginaries Appadurai’s endeavours to show how globalisation was rapidly making itself felt as a “structure of feeling” (Williams in Appadurai 189) as well as a material “fact” was also implicit in our conceptualisation of the conference, “Glocal Imaginaries: Writing/Migration/Place,” which gave rise to this special issue. This conference, which was the culmination of the AHRC-funded project “Moving Manchester: Literature/Migration/Place (2006-10)”, constituted a unique opportunity to gain an international, cross-disciplinary perspective on urgent and topical debates concerning mobility and migration in the early twenty-first century and the strand “Networked Diasporas” was one of the best represented on the program. Attracting papers on broadcast media as well as the new digital technologies, the strand was strikingly international in terms of the speakers’ countries of origin, as is this special issue which brings together research from six European countries, Australia and the Indian subcontinent. The “case-studies” represented in these articles may therefore be seen to constitute something of a “state-of-the-art” snapshot of how Appadurai’s “glocal imaginary” is being lived out across the globe in the early years of the twenty-first century. In this respect, the collection proves that his hunch with regards to the signal importance of the “mass-media” in redefining our spatial and temporal coordinates of being and belonging was correct: The third and final factor to be addressed here is the role of the mass-media, especially in its electronic forms, in creating new sorts of disjuncture between spatial and virtual neighborhoods. This disjuncture has both utopian and dystopian potentials, and there is no easy way to tell how these may play themselves out in the future of the production of locality. (194) The articles collected here certainly do serve as testament to the “bewildering plethora of changes in ... media environments” (195) that Appadurai envisaged, and yet it can clearly also be argued that this agent of glocalisation has not yet brought about the demise of the nation-state in the way (or at the speed) that many commentators predicted. Digital Diasporas in a Transnational World Reviewing the work of the leading social science theorists working in the field during the late 1990s, it quickly becomes evident that: (a) the belief that globalisation presented a threat to the nation-state was widely held; and (b) that the “jury” was undecided as to whether this would prove a good or bad thing in the years to come. While the commentators concerned did their best to complexify both their analysis of the present and their view of the future, it is interesting to observe, in retrospect, how the rhetoric of both utopia and dystopia invaded their discourse in almost equal measure. We have already seen how Appadurai, in his 1996 publication, Modernity at Large, looks beyond the “increased incivility and violence” of the “short term” to a world “free from the constraints of the nation form,” while Roger Bromley, following Agamben and Deleuze as well as Appadurai, typifies a generation of literary and cultural critics who have paid tribute to the way in which the arts (and, in particular, storytelling) have enabled subjects to break free from their national (af)filiations (Pearce, Devolving 17) and discover new “de-territorialised” (Deleuze and Guattari) modes of being and belonging. Alongside this “hope,” however, the forces and agents of globalisation were also regarded with a good deal of suspicion and fear, as is evidenced in Ulrich Beck’s What is Globalization? In his overview of the theorists who were then perceived to be leading the debate, Beck draws distinctions between what was perceived to be the “engine” of globalisation (31), but is clearly most exercised by the manner in which the transformation has taken shape: Without a revolution, without even any change in laws or constitutions, an attack has been launched “in the normal course of business”, as it were, upon the material lifelines of modern national societies. First, the transnational corporations are to export jobs to parts of the world where labour costs and workplace obligations are lowest. Second, the computer-generation of worldwide proximity enables them to break down and disperse goods and services, and produce them through a division of labour in different parts of the world, so that national and corporate labels inevitably become illusory. (3; italics in the original) Beck’s concern is clearly that all these changes have taken place without the nation-states of the world being directly involved in any way: transnational corporations began to take advantage of the new “mobility” available to them without having to secure the agreement of any government (“Companies can produce in one country, pay taxes in another and demand state infrastructural spending in yet another”; 4-5); the export of the labour market through the use of digital communications (stereotypically, call centres in India) was similarly unregulated; and the world economy, as a consequence, was in the process of becoming detached from the processes of either production or consumption (“capitalism without labour”; 5-7). Vis-à-vis the dystopian endgame of this effective “bypassing” of the nation-state, Beck is especially troubled about the fate of the human rights legislation that nation-states around the world have developed, with immense effort and over time (e.g. employment law, trade unions, universal welfare provision) and cites Zygmunt Bauman’s caution that globalisation will, at worst, result in widespread “global wealth” and “local poverty” (31). Further, he ends his book with a fully apocalyptic vision, “the Brazilianization of Europe” (161-3), which unapologetically calls upon the conventions of science fiction to imagine a worst-case scenario for a Europe without nations. While fourteen or fifteen years is evidently not enough time to put Beck’s prognosis to the test, most readers would probably agree that we are still some way away from such a Europe. Although the material wealth and presence of the transnational corporations strikes a chord, especially if we include the world banks and finance organisations in their number, the financial crisis that has rocked the world for the past three years, along with the wars in Iraq and Afghanistan, and the ascendancy of Al-Qaida (all things yet to happen when Beck was writing in 1997), has arguably resulted in the nations of Europe reinforcing their (respective and collective) legal, fiscal, and political might through rigorous new policing of their physical borders and regulation of their citizens through “austerity measures” of an order not seen since World War Two. In other words, while the processes of globalisation have clearly been instrumental in creating the financial crisis that Europe is presently grappling with and does, indeed, expose the extent to which the world economy now operates outside the control of the nation-state, the nation-state still exists very palpably for all its citizens (whether permanent or migrant) as an agent of control, welfare, and social justice. This may, indeed, cause us to conclude that Bauman’s vision of a world in which globalisation would make itself felt very differently for some groups than others came closest to what is taking shape: true, the transnationals have seized significant political and economic power from the nation-state, but this has not meant the end of the nation-state; rather, the change is being experienced as a re-trenching of whatever power the nation-state still has (and this, of course, is considerable) over its citizens in their “local”, everyday lives (Bauman 55). If we now turn to the portrait of Europe painted by the articles that constitute this special issue, we see further evidence of transglobal processes and practices operating in a realm oblivious to local (including national) concerns. While our authors are generally more concerned with the flows of information and “identity” than business or finance (Appaduri’s “ethnoscapes,” “technoscapes,” and “ideoscapes”: 33-7), there is the same impression that this “circulation” (Latour) is effectively bypassing the state at one level (the virtual), whilst remaining very materially bound by it at another. In other words, and following Bauman, we would suggest that it is quite possible for contemporary subjects to be both the agents and subjects of globalisation: a paradox that, as we shall go on to demonstrate, is given particularly vivid expression in the case of diasporic and/or migrant peoples who may be able to bypass the state in the manufacture of their “virtual” identities/communities) but who (Cohen) remain very much its subjects (or, indeed, “non-subjects”) when attempting movement in the material realm. Two of the articles in the collection (Leurs & Ponzanesi and Marcheva) deal directly with the exponential growth of “digital diasporas” (sometimes referred to as “e-diasporas”) since the inception of Facebook in 2004, and both provide specific illustrations of the way in which the nation-state both has, and has not, been transcended. First, it quickly becomes clear that for the (largely) “youthful” (Leurs & Ponzanesi) participants of nationally inscribed networking sites (e.g. “discovernikkei” (Japan), “Hyves” (Netherlands), “Bulgarians in the UK” (Bulgaria)), shared national identity is a means and not an end. In other words, although the participants of these sites might share in and actively produce a fond and nostalgic image of their “homeland” (Marcheva), they are rarely concerned with it as a material or political entity and an expression of their national identities is rapidly supplemented by the sharing of other (global) identity markers. Leurs & Ponzanesi invoke Deleuze and Guattari’s concept of the “rhizome” to describe the way in which social networkers “weave” a “rhizomatic path” to identity, gradually accumulating a hybrid set of affiliations. Indeed, the extent to which the “nation” disappears on such sites can be remarkable as was also observed in our investigation of the digital storytelling site, “Capture Wales” (BBC) (Pearce, "Writing"). Although this BBC site was set up to capture the voices of the Welsh nation in the early twenty-first century through a collection of (largely) autobiographical stories, very few of the participants mention either Wales or their “Welshness” in the stories that they tell. Further, where the “home” nation is (re)imagined, it is generally in an idealised, or highly personalised, form (e.g. stories about one’s own family) or through a sharing of (perceived and actual) cultural idiosyncrasies (Marcheva on “You know you’re a Bulgarian when …”) rather than an engagement with the nation-state per se. As Leurs & Ponzanesi observe: “We can see how the importance of the nation-state gets obscured as diasporic youth, through cultural hybridisation of youth culture and ethnic ties initiate subcultures and offer resistance to mainstream cultural forms.” Both the articles just discussed also note the shading of the “national” into the “transnational” on the social networking sites they discuss, and “transnationalism”—in the sense of many different nations and their diasporas being united through a common interest or cause—is also a focus of Pikner’s article on “collective actions” in Europe (notably, “EuroMayDay” and “My Estonia”) and Harb’s highly topical account of the role of both broadcast media (principally, Al-Jazeera) and social media in the revolutions and uprisings currently sweeping through the Arab world (spring 2011). On this point, it should be noted that Harb identifies this as the moment when Facebook’s erstwhile predominantly social function was displaced by a manifestly political one. From this we must conclude that both transnationalism and social media sites can be put to very different ends: while young people in relatively privileged democratic countries might embrace transnationalism as an expression of their desire to “rise above” national politics, the youth of the Arab world have engaged it as a means of generating solidarity for nationalist insurgency and liberation. Another instance of “g/local” digital solidarity exceeding national borders is to be found in Johanna Sumiala’s article on the circulatory power of the Internet in the Kauhajoki school shooting which took place Finland in 2008. As well as using the Internet to “stage manage” his rampage, the Kauhajoki shooter (whose name the author chose to withhold for ethical reasons) was subsequently found to have been a member of numerous Web-based “hate groups”, many of them originating in the United States and, as a consequence, may be understood to have committed his crime on behalf of a transnational community: what Sumiala has defined as a “networked community of destruction.” It must also be noted, however, that the school shootings were experienced as a very local tragedy in Finland itself and, although the shooter may have been psychically located in a transnational hyper-reality when he undertook the killings, it is his nation-state that has had to deal with the trauma and shame in the long term. Woodward and Brown & Rutherford, meanwhile, show that it remains the tendency of public broadcast media to uphold the raison d’être of the nation-state at the same time as embracing change. Woodward’s feature article (which reports on the AHRC-sponsored “Tuning In” project which has researched the BBC World Service) shows how the representation of national and diasporic “voices” from around the world, either in opposition to or in dialogue with the BBC’s own reporting, is key to the way in which the Commission has changed and modernised in recent times; however, she is also clear that many of the objectives that defined the service in its early days—such as its commitment to a distinctly “English” brand of education—still remain. Similarly, Brown & Rutherford’s article on the innovative Australian ABC children’s television series, My Place (which has combined traditional broadcasting with online, interactive websites) may be seen to be positively promoting the Australian nation by making visible its commitment to multiculturalism. Both articles nevertheless reveal the extent to which these public service broadcasters have recognised the need to respond to their nations’ changing demographics and, in particular, the fact that “diaspora” is a concept that refers not only to their English and Australian audiences abroad but also to their now manifestly multicultural audiences at home. When it comes to commercial satellite television, however, the relationship between broadcasting and national and global politics is rather harder to pin down. Subramanian exposes a complex interplay of national and global interests through her analysis of the Malayalee “reality television” series, Idea Star Singer. Exported globally to the Indian diaspora, the show is shamelessly exploitative in the way in which it combines residual and emergent ideologies (i.e. nostalgia for a traditional Keralayan way of life vs aspirational “western lifestyles”) in pursuit of its (massive) audience ratings. Further, while the ISS series is ostensibly a g/local phenomenon (the export of Kerala to the rest of the world rather than “India” per se), Subramanian passionately laments all the progressive national initiatives (most notably, the campaign for “women’s rights”) that the show is happy to ignore: an illustration of one of the negative consequences of globalisation predicted by Beck (31) noted at the start of this editorial. Harb, meanwhile, reflects upon a rather different set of political concerns with regards to commercial satellite broadcasting in her account of the role of Al-Jazeera and Al Arabiya in the recent (2011) Arab revolutions. Despite Al-Jazeera’s reputation for “two-sided” news coverage, recent events have exposed its complicity with the Qatari government; further, the uprisings have revealed the speed with which social media—in particular Facebook and Twitter—are replacing broadcast media. It is now possible for “the people” to bypass both governments and news corporations (public and private) in relaying the news. Taken together, then, what our articles would seem to indicate is that, while the power of the nation-state has notionally been transcended via a range of new networking practices, this has yet to undermine its material power in any guaranteed way (witness recent counter-insurgencies in Libya, Bahrain, and Syria).True, the Internet may be used to facilitate transnational “actions” against the nation-state (individual or collective) through a variety of non-violent or violent actions, but nation-states around the world, and especially in Western Europe, are currently wielding immense power over their subjects through aggressive “austerity measures” which have the capacity to severely compromise the freedom and agency of the citizens concerned through widespread unemployment and cuts in social welfare provision. This said, several of our articles provide evidence that Appadurai’s more utopian prognoses are also taking shape. Alongside the troubling possibility that globalisation, and the technologies that support it, is effectively eroding “difference” (be this national or individual), there are the ever-increasing (and widely reported) instances of how digital technology is actively supporting local communities and actions around the world in ways that bypass the state. These range from the relatively modest collective action, “My Estonia”, featured in Pikner’s article, to the ways in which the Libyan diaspora in Manchester have made use of social media to publicise and support public protests in Tripoli (Harb). In other words, there is compelling material evidence that the heterogeneity that Appadurai predicted and hoped for has come to pass through the people’s active participation in (and partial ownership of) media practices. Citizens are now able to “interfere” in the representation of their lives as never before and, through the digital revolution, communicate with one another in ways that circumvent state-controlled broadcasting. We are therefore pleased to present the articles that follow as a lively, interdisciplinary and international “state-of-the-art” commentary on how the ongoing revolution in media and communication is responding to, and bringing into being, the processes and practices of globalisation predicted by Appadurai, Beck, Bauman, and others in the 1990s. The articles also speak to the changing nature of the world’s “diasporas” during this fifteen year time frame (1996-2011) and, we trust, will activate further debate (following Cohen) on the conceptual tensions that now manifestly exist between “virtual” and “material” diasporas and also between the “transnational” diasporas whose objective is to transcend the nation-state altogether and those that deploy social media for specifically local or national/ist ends. Acknowledgements With thanks to the Arts and Humanities Research Council (UK) for their generous funding of the “Moving Manchester” project (2006-10). Special thanks to Dr Kate Horsley (Lancaster University) for her invaluable assistance as ‘Web Editor’ in the production of this special issue (we could not have managed without you!) and also to Gail Ferguson (our copy-editor) for her expertise in the preparation of the final typescript. References Appadurai, Arjun. Modernity at Large: Cultural Dimensions of Globalisation. Minneapolis: U of Minnesota P, 1996. Bauman, Zygmunt. Globalization. Cambridge: Polity, 1998. Beck, Ulrich. What is Globalization? Trans. Patrick Camiller. Cambridge: Polity, 2000 (1997). Bromley, Roger. Narratives for a New Belonging: Diasporic Cultural Fictions. Edinburgh: Edinburgh UP, 2000. Cohen, Robin. Global Diasporas. 2nd ed. London and New York: Routledge, 2008. Deleuze, Gilles, and Felix Guattari. A Thousand Plateaus: Capitalism and Schizophrenia. Trans. Brian Massumi. Minneapolis: U of Minnesota P, 1987. Latour, Bruno. Reassembling the Social: An Introduction to Actor-Network Theory. Oxford: Oxford UP, 1995. Pearce, Lynne, ed. Devolving Identities: Feminist Readings in Home and Belonging. London: Ashgate, 2000. Pearce, Lynne. “‘Writing’ and ‘Region’ in the Twenty-First Century: Epistemological Reflections on Regionally Located Art and Literature in the Wake of the Digital Revolution.” European Journal of Cultural Studies 13.1 (2010): 27-41. Robertson, Robert. Globalization: Social Theory and Global Culture. London: Sage, 1992. Urry, John. Sociology beyond Societies. London: Routledge, 1999. Williams, Raymond. Dream Worlds: Mass Consumption in Late Nineteenth-Century France. Berkeley: U of California P, 1982.

Introduction Children are not only born digital, they are fashioned toward a lifestyle that needs them to be digital all the time (Palfrey and Gasser). They click, tap, save, circulate, download, and upload the texts of their lives, their friends’ lives, and the anonymous lives of the people that surround them. They are socialised as Internet consumers ready to participate in digital services targeted to them as they age such as Snapchat, Instagram, and YouTube. But they are also fashioned as producers, whereby their lives are sold as content on these same markets. As commodities, the minutiae of their lives become the fodder for online circulation. Paradoxically, we also celebrate these digital behaviours as a means to express identity. Personal profile-building for adults is considered agency-building (Beer and Burrows), and as a consequence, we praise children for mimicking these acts of adult lifestyle. This article reflects on the Kids, Creative Storyworlds, and Wearables project, which involved an ethnographic study with five young children (ages 4-7), who were asked to share their autobiographical stories, creative self-narrations, and predictions about their future mediated lives (Atkins et al.). For this case study, we focus on commercialised forms of children’s automedia, and we compare discussions we had with 6-year old Cayden, a child we met in the study who expresses the desire to make himself famous online, with videos of Jacob, a child vlogger on YouTube’s Kinder Playtime, who clearly influences children like Cayden. We argue that child social influencers need consideration both as autobiographical agents and as child subjects requiring a sheltered approach to their online lives.Automedia Automedia is an emergent genre of autobiography (Smith and Watson Reading 190; “Virtually Me” 78). Broadcasting one’s life online takes many forms (Kennedy “Vulnerability”). Ümit Kennedy argues “Vlogging on YouTube is a contemporary form of autobiography in which individuals engage in a process of documenting their life on a daily or weekly basis and, in doing so, construct[ing] their identity online” (“Exploring”). Sidonie Smith and Julia Watson write that “visual and digital modes are projecting and circulating not just new subjects but new notions of subjectivity through the effects of automediality” with the result that “the archive of the self in time, in space and in relation expands and is fundamentally reorganized” (Reading 190). Emma Maguire addresses what online texts “tell us about cultural understandings of selfhood and what it means to communicate ‘real’ life through media” naming one tool, “automedia”. Further, Julie Rak calls on scholars “to rethink ‘life’ and ‘writing’ as automedia” to further “characterize the enactment of a personal life story in a new media environment.” We define automedia as a genre that involves the practices of creating, performing, sharing, circulating, and (at times) preserving one’s digital life narrative meant for multiple publics. Automedia revises identity formation, embodiment, or corporealities in acts of self-creation (Brophy and Hladki 4). Automedia also emphasizes circulation. As shared digital life texts now circulate through the behaviours of other human subjects, and automatically via algorithms in data assemblages, we contend that automediality currently involves a measure of relinquishing control over perpetually evolving mediatised environments. One cannot control how a shared life narrative will meet a public in the future, which is a revised way of thinking about autobiography. For the sake of this paper, we argue that children’s automedia ought to be considered a creative, autobiographical act, in order to afford child authors who create them the consideration they deserve as agents, now and in the future. Automedial practices often begin when children receive access to a device. The need for a distraction activity is often the reason parents hand a young child a smartphone, iPad, or even a wearable camera (Nansen). Mirroring the lives of parents, children aspire to share representations of their own personal lives in pursuit of social capital. They are often encouraged to use technologies and apps as adults do–to track aspects of self, broadcast life stories and eventually “live share” them—effectively creating, performing, sharing, and at times, seeking to preserve a public life narrative. With this practice, society inculcates children into spheres of device ubiquity, “socializing them to a future digital lifestyle that will involve always carrying a computer in some form” (Atkins et al. 49). Consequently, their representations become inculcated in larger media assemblages. Writing about toddlers, Nansen describes how the “archiving, circulation and reception of these images speaks to larger assemblages of media in which software protocols and algorithms are increasingly embedded in and help to configure everyday life (e.g. Chun; Gillespie), including young children’s media lives (Ito)” (Nansen). Children, like adult citizens, are increasingly faced with choices “not structured by their own preferences but by the economic imperatives of the private corporations that have recently come to dominate the internet” (Andrejevic). Recent studies have shown that for children and youth in the digital age, Internet fame, often characterized by brand endorsements, is a major aspiration (Uhls and Greenfield, 2). However, despite the ambition to participate as celebrity digital selves, children are also mired in the calls to shield them from exposure to screens through institutions that label these activities detrimental. In many countries, digital “protections” are outlined by privacy commissioners and federal or provincial/state statutes, (e.g. Office of the Privacy Commissioner of Canada). Consequently, children are often caught in a paradox that defines them either as literate digital agents able to compose or participate with their online selves, or as subjectified wards caught up in commercial practices that exploit their lives for commercial gain.Kids, Creative Storyworlds and Wearables ProjectBoth academic and popular cultural critics continually discuss the future but rarely directly engage the people who will be empowered (or subjugated) by it as young adults in twenty years. To address children’s lack of agency in these discussions, we launched the Kids, Creative Storyworlds and Wearables project to bring children into a dialogue about their own digital futures. Much has been written on childhood agency and participation in culture and mediated culture from the discipline of sociology (James and James; Jenks; Jenkins). In previous work, we addressed the perspective of child autobiographical feature filmmakers to explore issues of creative agency and consent when adult gatekeepers facilitate children in film production (Pedersen and Aspevig “My Eyes”; Pedersen and Aspevig “Swept”). Drawing on that previous work, this project concentrates on children’s automediated lives and the many unique concerns that materialize with digital identity-building. Children are categorised as a vulnerable demographic group necessitating special policy and legislation, but the lives they project as children will eventually become subsumed in their own adult lives, which will almost certainly be treated and mediated in a much different manner in the future. We focused on this landscape, and sought to query the children on their futures, also considering the issues that arise when adult gatekeepers get involved with child social media influencers. In the Storyworlds ethnographic study, children were given a wearable toy, a Vtech smartwatch called Kidizoom, to use over a month’s timeframe to serve as a focal point for ethnographic conversations. The Kidizoom watch enables children to take photos and videos, which are uploaded to a web interface. Before we gave them the tech, we asked them questions about their lives, including What are machines going to be like in the future? Can you imagine yourself wearing a certain kind of computer? Can you tell/draw a story about that? If you could wear a computer that gave you a super power, what would it be? Can you use your imagination to think of a person in a story who would use technology? In answering, many of them drew autobiographical drawings of technical inventions, and cast themselves in the images. We were particularly struck by the comments made by one participant, Cayden (pseudonym), a 6-year-old boy, and the stories he told us about himself and his aspirations. He expressed the desire to host a YouTube channel about his life, his activities, and the wearable technologies his family already owned (e.g. a GroPro camera) and the one we gave him, the Kidizoom smartwatch. He talked about how he would be proud to publically broadcast his own videos on YouTube, and about the role he had been allowed to play in the making of videos about his life (that were not broadcast). To contextualize Cayden’s commentary and his automedial aspirations, we extended our study to explore child social media influencers who broadcast components of their personal lives for the deliberate purpose of popularity and the financial gain of their parents.We selected the videos of Jacob, a child vlogger because we judged them to be representative of the kinds that Cayden watched. Jacob reviews toys through “unboxing videos,” a genre in which a child tells an online audience her or his personal experiences using new toys in regular, short videos on a social media site. Jacob appears on a YouTube channel called Kinder Playtime, which appears to be a parent-run channel that states that, “We enjoy doing these things while playing with our kids: Jacob, Emily, and Chloe” (see Figure 1). In one particular video, Jacob reviews the Kidizoom watch, serving as a child influencer for the product. By understanding Jacob’s performance as agent-driven automedia, as well as being a commercialised, mediatised form of advertising, we get a clearer picture of how the children in the study are coming to terms with their own digital selfhood and the realisation that circulated, life-exposing videos are the expectation in this context.Children are implicated in a range of ways through “family” influencer and toy unboxing videos, which are emergent entertainment industries (Abidin 1; Nansen and Nicoll; Craig and Cunningham 77). In particular, unboxing videos do impact child viewers, especially when children host them. Jackie Marsh emphasizes the digital literacy practices at play here that co-construct viewers as “cyberflâneur[s]” and she states that “this mode of cultural transmission is a growing feature of online practices for this age group” (369). Her stress, however, is on how the child viewer enjoys “the vicarious pleasure he or she may get from viewing the playing of another child with the toy” (376). Marsh writes that her study subject, a child called “Gareth”, “was not interested in being made visible to EvanHD [a child celebrity social media influencer] or other online peers, but was content to consume” the unboxing videos. The concept of the cyberflâneur, then, is fitting as a mediatising co-constituting process of identity-building within discourses of consumerism. However, in our study, the children, and especially Cayden, also expressed the desire to create, host, and circulate their own videos that broadcast their lives, also demonstrating awareness that videos are valorised in their social circles. Child viewers watch famous children perform consumer-identities to create an aura of influence, but viewers simultaneously aspire to become influencers using automedial performances, in essence, becoming products, themselves. Jacob, Automedial Subjects and Social Media InfluencersJacob is a vlogger on YouTube whose videos can garner millions of views, suggesting that he is also an influencer. In one video, he appears to be around the age of six as he proudly sits with folded hands, bright eyes, and a beaming, but partly toothless smile (see Figure 2). He says, “Welcome to Kinder Playtime! Today we have the Kidi Zoom Smartwatch DX. It’s from VTech” (Kinder Playtime). We see the Kidi Zoom unboxed and then depicted in stylized animations amid snippets of Jacob’s smiling face. The voice and hands of a faceless parent guide Jacob as he uses his new wearable toy. We listen to both parent and child describe numerous features for recording and enhancing the wearer’s daily habits (e.g. calculator, calendar, fitness games), and his dad tells him it has a pedometer “which tracks your steps” (Kinder Playtime). But the watch is also used by Jacob to mediate himself and his world. We see that Jacob takes pictures of himself on the tiny watch screen as he acts silly for the camera. He also uses the watch to take personal videos of his mother and sister in his home. The video ends with his father mentioning bedtime, which prompts a “thank you” to VTech for giving him the watch, and a cheerful “Bye!” from Jacob (Kinder Playtime). Figure 1: Screenshot of Kinder Playtime YouTube channel, About page Figure 2: Screenshot of “Jacob,” a child vlogger at Kinder Playtime We chose Jacob for three reasons. First, he is the same age as the children in the Storyworlds study. Second, he reviews the smart watch artifact that we gave to the study children, so there was a common use of automedia technology. Third, Jacob’s parents were involved with his broadcasts, and we wanted to work within the boundaries of parent-sanctioned practices. However, we also felt that his playful approach was a good example of how social media influence overlaps with automediality. Jacob is a labourer trading his public self-representations in exchange for free products and revenue earned through the monetisation of his content on YouTube. It appears that much of what Jacob says is scripted, particularly the promotional statements, like, “Today we have the Kidizoom Smartwatch DX. It’s from VTech. It’s the smartest watch for kids” (Kinder Playtime). Importantly, as an automedial subject Jacob reveals aspects of his self and his identity, in the manner of many child vloggers on public social media sites. His product reviews are contextualised within a commoditised space that provides him a means for the public performance of his self, which, via YouTube, has the potential to reach an enormous audience. YouTube claims to have “over a billion users—almost one-third of all people on the Internet—and every day people watch hundreds of millions of hours on YouTube and generate billions of views” (YouTube). Significantly, he is not only filmed by others, Jacob is also a creative practitioner, as Cayden aspired to become. Jacob uses high-tech toys, in this case, a new wearable technology for self-compositions (the smart watch), to record himself, friends, family or simply the goings-on around him. Strapped to his wrist, the watch toy lets him play at being watched, at being quantified and at recording the life stories of others, or constructing automediated creations for himself, which he may upload to numerous social media sites. This is the start of his online automediated life, which will be increasingly under his ownership as he ages. To greater or lesser degrees, he will later be able to curate, add to, and remediate his body of automedia, including his digital past. Kennedy points out that “people are using YouTube as a transformative tool, and mirror, to document, construct, and present their identity online” (“Exploring”). Her focus is on adult vloggers who consent to their activities. Jacob’s automedia is constructed collaboratively with his parents, and it is unclear how much awareness he has of himself as an automedia creator. However, if we don’t afford Jacob the same consideration as we afford adult autobiographers, that the depiction of his life is his own, we will reduce his identity performance to pure artifice or advertisement. The questions Jacob’s videos raise around agency, consent, and creativity are important here. Sidonie Smith asks “Can there be a free, agentic space; and if so, where in the world can it be found?” (Manifesto 188). How much agency does Jacob have? Is there a liberating aspect in the act of putting personal technology into the hands of a child who can record his life, himself? And finally, how would an adult Jacob feel about his childhood self advertising these products online? Is this really automediality if Jacob does not fully understand what it means to publicly tell a mediated life story?These queries lead to concerns over child social media influence with regard to legal protection, marketing ethics, and user consent. The rise of “fan marketing” presents a nexus of stealth marketing to children by other children. Stealth marketing involves participants, in this case, fans, who do not know they are involved in an advertising scheme. For instance, the popular Minecon Minecraft conference event sessions have pushed their audience to develop the skills to become advocates and advertisers of their products, for example by showing audiences how to build a YouTube channel and sharing tips for growing a community. Targeting children in marketing ploys seems insidious. Marketing analyst Sandy Fleisher describes the value of outsourcing marketing to fan labourers:while Grand Theft Auto spent $120 million on marketing its latest release, Minecraft fans are being taught how to create and market promotional content themselves. One [example] is Minecraft YouTuber, SkydoesMinecraft. His nearly 7 million strong YouTube army, almost as big as Justin Bieber’s, means his daily videos enjoy a lot of views; 1,419,734,267 to be precise. While concerns about meaningful consent that practices like this raise have led some government bodies, and consumer and child protection groups to advocate restrictions for children, other critics have questioned the limits placed on children’s free expression by such restrictions. Tech commentator Larry Magid has written that, “In the interest of protecting children, we sometimes deny them the right to access material and express themselves.” Meghan M. Sweeney notes that “the surge in collaborative web models and the emphasis on interactivity—frequently termed Web 2.0—has meant that children are not merely targets of global media organizations” but have “multiple opportunities to be active, critical, and resistant producers”...and ”may be active agents in the production and dissemination of information” (68). Nevertheless, writes Sweeney, “corporate entities can have restrictive effects on consumers” (68), by for example, limiting imaginative play to the choices offered on a Disney website, or limiting imaginative topics to commercial products (toys, video games etc), as in YouTube review videos. Automedia is an important site from which to consider young children’s online practices in public spheres. Jacob’s performance is indeed meant to influence the choice to buy a toy, but it is also meant to influence others in knowing Jacob as an identity. He means to share and circulate his self. Julie Rak recalls Paul John Eakin’s claims about life-writing that the “process does not even occur at the level of writing, but at the level of living, so that identity formation is the result of narrative-building.” We view Jacob’s performance along these lines. Kinder Playtime offers him a constrained, parent-sanctioned (albeit commercialised) space for role-playing, a practice bound up with identity-formation in the life of most children. To think through the legality of recognising Jacob’s automedial content as his life, Rak is also useful: “In Eakin’s work in particular, we can see evidence of John Locke’s contention that identity is the expression of consciousness which is continuous over time, but that identity is also a product, one’s own property which is a legal entity”. We have argued that children are often caught in the paradox that defines them either as literate digital creators composing and circulating their online selves or as subjectified personas caught up in commercial advertising practices that use their lives for commercial gain. However, through close observation of individual children, one who we met and questioned in our study, Cayden, the other who we met through his mediated, commercialized, and circulated online persona, Jacob, we argue that child social influencers need consideration as autobiographical agents expressing themselves through automediality. As children create, edit, and grow digital traces of their lives and selves, how these texts are framed becomes increasingly important, in part because their future adult selves have such a stake in the matter: they are being formed through automedia. Moreover, these children’s coming of age may bring legal questions about the ownership of their automedial products such as YouTube videos, an enduring legacy they are leaving behind for their adult selves. 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