Journal articles on the topic 'Industrial promotion – Law and legislation – Italy'

A few years ago Giorgio Israel published a penetrating study on the relationship between Science and Race in Fascist Italy in which, referring to the anti-Jewish legislation adopted by the Fascist regime in 1938, he explained how academic culture not only lent scientific and doctrinal credence to racism through the works of outstanding intellectuals such as Nicola Pende, Sabato Visco, Giuseppe Maggiore and Giacomo Acerbo, but also took advantage of “the positions made available for an ‘indecent’ promotion”.This historical image is completely at variance with the description given by journalist Indro Montanelli who denied that “academia of that period was heartened by the racial laws, considering them a way to get new posts and promotions”. He claimed that “the academic culture did not support those laws either doctrinally or scientifically” and considered Prof. Israel's arguments superficial and groundless.

The need for special legal protection for pregnant workers has long been recognized at international law, but in domestic law the nature and application of these protections varies across jurisdictions. This paper will examine Hong Kong’s labour legislation as it pertains to pregnant workers, with particular emphasis on job-security measures and the adequacy of leave entitlements. The authors argue that current statutory provisions are a scattered compliance with Hong Kong’s international obligations, and in any event inadequate in modern conditions. Convention ratification, more flexible maternity leave, increased job security protection, source re-allocation for maternity leave pay, extension of statutory protection to part-time workers, and better promotion of anti-discrimination laws are among the recommendations suggested by the authors.

Abstract This paper examines whether the current South African legal framework and subsequent policies post-1994 encourage and have emphatically fostered industrialisation in South Africa primarily and Southern Africa more generally. The primary contention of this paper is that the South African State, unlike fellow Southern African States, has a long history with industrialisation and should have laid the foundations for Southern Africa’s large scale industrialisation trajectory. However, the post-1994 government vision for South Africa has never had a Law and Development philosophy that prioritises and fosters industrialisation. Industrial Promotion in Africa, is understood as being concerned with drafting, strategically implementing and investing in industrially minded action plans. Through the prism of Local Economic Development policy and legislation in the Sedibeng region, this paper contends that industrialisation is still a farfetched endeavour despite industrially minded policies like the New Growth Path and the Industrial Policy Action Plans in South Africa. Moreover, South Africa’s industrialisation agenda is compromised by the Law and Development philosophy of the African National Congress led government. At the core of this philosophy is an overestimation of social justice activity like Human Rights promotion at the expense of Asian Developmental States’ non-human rights approach to economic development activity, like industrialisation in rural and township regions of South Africa.

Diffuse soil pollution is an example of damage caused by human activities and can be understood in the urban context as a combination of causes due to the presence of various and multiple sources of contamination, such as: car traffic, industrial activities and heating. Importantly, the steadfast expansion of city districts over time has brought either industrial activities to enclose residential areas or (although in a few cases) neighborhoods to envelop previously highly industrialized areas. In Italy, both phenomena represent a widely acknowledged reality, e.g., the municipalities of Taranto and Trieste. Yet, despite the widespread awareness of the impact of this form of pollution on natural resources and human health, EU environmental legislation depicts an overall picture of fragmentation and poor coordination. Thus, Italian local administrations are striving to devise appropriate methodologies and planificatory measures to bridge such regulatory gap and ultimately find an adequate and comprehensive solution to the problem.

The Employment Title inserted by the Amsterdam Treaty is usually described as a very typical soft law product. This article explores the relationship and mutual influence between the Employment Title and the regulation associated with it, on the one hand, and the 'Acquis Communautaire' of Labour law on the other. The conclusion is that a shift of paradigm in EC labour law seems to have taken place in the late 90s. Labour law after the Amsterdam Treaty is regarded as an integral part of the European Employment Strategy (EES) and as a tool for its implementation. Employment policy, social inclusion and the promotion of socially sustainable development have become important elements in the social objectives of EC labour law. In other words, the EES has become the accepted framework, not only for the employment and social policies of the Member States, but also for coordinating national legislation in the field of social policy and labour law. This is the result of the 'soft law' co-operation.

Over the years, the franchise has become an attractive model for the sale of products and services, as well as a means of developing the franchisor’s business. Franchising systems around the world have become very popular among franchisees, who receive an already proven cost-effective business model in exchange for payments, purchases and other services from the franchisor. These systems also bring intangible benefits in the form of encouraging the promotion of entrepreneurship in society. Polish franchise legislation has systematic nature and is based on the Civil Code, the Law on Industrial Property, the Law on Combating Unfair Competition, the Law on Protection of Competition and Consumer Rights, the Law on Copyright and Related Rights, European Code of Ethics for Franchising. Taking into account the legal regulations, the mechanism of the Polish model of franchising is revealed and the newest forms of its use in business activity are distinguished.

Analysis of the causes and preconditions of the russian invasion allows us to assert the important ideological component in the russian-ukrainian war, which once prepared the ground for the popularization of the ideas of racist ideology. Russia’s aggressive policy and active military invasion of Ukraine on February 24, 2022 led to a change in the worldview of Ukrainian society, which was reflected in the legislative activity of Parliament. After all, it is clear that only Ukrainian studies knowledge and self-knowledge of one’s identity will create conditions for building an independent state and forming a political nation. The article analyzes the main directions of development of national legislation in the context of the russian invasion of Ukraine and its further improvement by recognizing the term “rashism”. The adoption of the Law of Ukraine “On De-Sovietization of the Legislation of Ukraine” during the martial law in Ukraine is most likely to satisfy the demand of civil society for the need for a final break with the Soviet past. Analysis of the content of the Law shows that its adoption is aimed at systematizing domestic legislation, bringing it in line with European standards and the need for codification in the light of modern realities. In the conditions of russian aggression, when a significant part of russian society is set on the total destruction of the bearers of Ukrainian identity, the Ukrainian Parliament faces the task of resisting the new - rashism ideology. Currently, the Verkhovna Rada Committee on Humanitarian and Information Policy calls on civil society to promote and recognize the term “rashism” at the national and international levels. Therefore, the term “rashism” and the prohibition of rashism ideology, which has led to catastrophic consequences, must be enshrined in national law. Rashism is a form of totalitarian political ideology based on the violation of the principles of international law aimed at violating the sovereignty and territorial integrity of independent states by occupying and annexing their territories, committing war crimes and crimes against humanity based on the promotion of hatred, the cult of the national leader, the uniqueness and greatness of the russian nation. Key words: ideology, legislation, decommunization, de-Sovietization, rashism.

In this paper we present the results obtained from tests conducted on ultrafiltration treatment of a secondary effluent designated for possible industrial reuse. Tests were carried out at Empoli Wastewater Treatment Plant (WWTP) (Florence, Italy) with the use of a hollow fiber pilot plant (mod. ZW-10, Zenon Environmental). Testing lasted for about 4 months, during which the pilot plant was fed by effluent from the wastewater treatment plant. Results show that the permeate was of high quality. The membranes were very efficient in reducing turbidity (94.5%) and TSS (98.7%). The reduction of COD (around 35%) was also good. The permeate also showed low SDI values (usually < 3%). With respect to microbiological parameters, treatment was shown to be above all efficient in the removal of Escherichia coli. The permeate already respects required quality standards set forth by a new technical law decree on water reuse, soon to be approved within Italian Legislation. Based on these test results, a preliminary design of a wastewater treatment plant with the complex of structures necessary to the distribution of the treated wastewater in the industrial area located closed to the plant, has been created. Under this design, treated water could be produced at a cost of 0.38 Euro/m3, which includes investment, financial charges and maintenance costs.

Keywords: trademark, civil litigation, judicial examination, judicial expert, court order, legal proceedings, piracy, counterfeiting The article analyses the system of judicial protection of trademark rights on the example of Italy. The main focus is on the judicial procedures provided for by the Italian civil procedural law in the event of an appeal to the court for the protection of the rights of interested persons. Jurisdiction for consideration of cases related to the protection of trademark rights, as well as cases related to unfair competition, is defined. The examination is also carried out by specialized chambers of intellectual property in general courts that consider civil and criminal cases (first and second instance). The legislation distinguishes between two types of legal grounds for lawsuits: violation of the rights of the plaintiff (owner of the trademark certificate)and recognition of the trademark certificate as invalid. The types of decisions that can be made by the court are analysed. First, the court can decide on «descrizione», according to which the plaintiff, with the participation of a bailiff and an expert, can examine and draw up a detailed description of the goods and/or production methods that infringe his rights. The purpose of this procedure is to officially record the violation of the plaintiff's rights. Secondly, the court can may decide to impose a sequestration on the defendant's property. Sequestration is carried out by a bailiff. In some cases, the plaintiff may participate in order to correctly identify the goods subject to seizure. The court may decide on the application of sequestration in the presence of a real threat and the possibility of causing irreversible damage to the plaintiff.Thirdly, the court may issue a decision imposing a ban on the infringer's activities related to the production, distribution, marketing, promotion and sale of counterfeit goods. When deciding on the above-mentioned grounds, the court can provide for the collection of a certain monetary fine from the defendant.The conclusion is formulated that the system of judicial protection of the rights of trademark owners in Italy is characterized by a balance of interests between the owners of trademark certificates, state and public interests. The court that examines this category of cases takes a fairly balanced approach to the application of certain sanctions, considering all the specifics of intellectual property rights, the interests of business entities and the damage caused by violations.

In recent years, Italian legislation seems to have accomplished a ‘corporatisation’ of collective bargaining in response to employers’ demands, without the filter of national collective bargaining. Article 8 of Law No. 148/2011 made it possible to deviate from legislative provisions and industry-wide collective bargaining on a wide range of topics. The Legislative Decrees implementing the Jobs Act in 2015 have gone even further, allowing the possibility of a different regulation both through different levels of collective bargaining and through individual agreements. Faced with these changes in the balance of power, collective bargaining has been weakened. Nevertheless, a number of national sectoral agreements have provided for ambitious efforts to establish a new relationship between the levels of collective bargaining or the mechanisms of collective agreements, as well as to re-regulate forms of workers’ representation. As these national agreements are based on the voluntary compliance of workers’ organisations and employers’ associations, their implementation and enforcement in order to be effective will need to be accompanied by a re-establishment of the role of collective bargaining.

As the importance of the role of the state in the development of modern science and technology does not require additional discussion, so the development of our country's robot industry will ask for continuous review to see whether the current robot industry promotion legislation has sufficient content for robot industry promotion or it can be improved. Such review work is also an essential part for the realization of the principle of the rule of law that state intervention should always be carried out under the support of appropriate laws. For the effective conceptual regulation of “robot”, the target of policy, should be preceded to secure industrial competitiveness related to robot technology and promote policies for continuous development of robot industry, the study examines the appropriateness of the definition of “intelligent robot” of the current 「Intelligent Robots Development and Distribution Promotion Act」 - “The term "intelligent robot" means a mechanical device(including software required for operating the mechanical device) that perceives the external environment for itself, discerns circumstances, and moves voluntarily”(Article 2, 1.) - from the point of view of the analysis of systemicity(; Systematik) and understandability(Verständlichkeit) among the examination creteria of the legislative evaluation(Gesetzesevaluation). In conclusion, the concept of “intelligent robot” in the current law does not mean much in the legal system and it is not easy to understand either. And there is also a risk of unnecessarily reducing the applicable scope of the law in practice. So there is a need of deleting the modifier “intelligent” and it is proposed to use a semi-exemplary definition of an exemplary arrangement of targets for the robot industry promotion and support policy based on the concept of “robot” from a more technical point of view,

Background: The rising prevalence of disability due to noncommunicable diseases and the aging process in tandem with under-prioritization and underdevelopment of rehabilitation services remains a significant concern for European public health. Over recent years, health system responses to population health needs, including rehabilitation needs, have been increasingly acknowledging the power of law and formal written policies as strategic governance tools to improve population health outcomes. However, the contents and scope of enacted legislation and adopted policies concerning rehabilitation services in Europe has not been synthesized. This paper presents a concise overview of laws and policies addressing rehabilitation in five European countries. Methods: Publicly available laws, policies, and national action plans addressing rehabilitation issues of Sweden, Italy, Germany, the Netherlands and the United Kingdom were reviewed and descriptive documents analyzed. Actions found in national health policies were also evaluated for compliance with the key recommendations specified in the World Health Organization’s Rehabilitation 2030: Call for Action. Results: Across countries, legal and policy approaches to rehabilitation planning varied in scope and reach. While all countries entitle citizens to rehabilitation services, comprehensiveness of coverage varied. Health legislation of Germany and Netherlands recognizes access to rehabilitation as a human right for persons with disabilities, while Sweden and the United Kingdom acknowledge its importance in disability laws for achieving substantive equality for persons with disabilities. Regarding policies, in all countries but Italy, targeted universalism remains the predominant strategy governing rehabilitation services, as demonstrated by the lack of comprehensive, national action plans for rehabilitation addressing the general population. Nevertheless, references found in disease specific policies indicate a solid consensus that rehabilitation remains an integral component of the care continuum for those experiencing disability. Conclusion: Although a universal approach to rehabilitation coverage is institutionalized in national legislation of the countries examined, this approach is not expressed in formal policies. Targeted strategies aiming to ensure access to subpopulation groups with higher perceived needs for rehabilitation prevail, indicating a strong political will towards the reduction of health inequalities and the promotion of human rights of people experiencing disability. Results obtained from conducting this descriptive review provide the basis for future appraisals of the situation regarding rehabilitation service and policy development in Europe.

In recent years, emissions into the atmosphere have been brought to the attention of the authorities and some action has been taken to try to solve the problem. One is the application of EU legislation 2008/50/EC, which requires states adhering to this law to constantly monitor air quality and subsequently find solutions to reduce the impact of emissions. The data show that 20% of emissions come from transport, 70% of which come from private vehicles. Sustainable mobility can be a possible solution to reduce pollution and traffic congestion. The promotion of cycling, as part of sustainable mobility, is a required action to achieve the objectives pursued. This research aims to define the quality of infrastructure and accessibility of railway stations to the use of bicycles. The approach used was to define a technical checklist to estimate the criticalities of the structure in a quantitative way. An example is the case study developed in the Emilia-Romagna region (Italy) within the PREPAIR project where 33 railway stations were classified and analyzed. In the end, the checklist was effective in defining the necessary interventions and the required activities and can be used in similar cases during the decision-making processes.

INTRODUCTION. The main purpose of current article is to analyze the measure taken in order to successfully implement mediation in the Republic of Uzbekistan and identify areas in need of further reform. This article reflects the existing situation on the implementation of the mediation procedure in the Republic of Uzbekistan, reveals the existing legislative framework and draws attention to the gaps. It contains changes in legislation made in connection with the entry into force of the Law “On Mediation”, namely, changes made in the Civil Procedure, Civil, Tax, Economic Procedure Codes, as well as to the Law “On Domestic Arbitration Courts”.MATERIALS AND METHODS. In preparation of the article the author studied the experience of Singapore, China, Germany, Italy and other states on implementation of mediation, there is a comparison of court annexed and private mediation, the advantages and disadvantages of mediation have also been noted, as well as features of the introduction of mediation have also been identified. There are several methods that have been applied during the research such as comparative, empiric, historical and legal ones.RESEARCH RESULTS. The article reveals some problems of introducing mediation at the present stage of development of society, briefly reveals the content of the law “On Mediation”, which regulates relations connected with the use of mediation to disputes arising from civil law relations, including in connection with business activities, as well as individual labor disputes and disputes arising from family relations. This article also provides some recommendations for the successful implementation of the institute of mediation in Uzbekistan, as well as the popularization of this institution among the population.DISCUSSION AND CONCLUSION. In the article there is the recommendation to develop a strategy for the development and promotion of mediation, to train all students of the jurisprudence in the “Mediation” discipline, to identify commercial mediation as one of the training directions for mediators, to introduce judicial mediation and to make the mediation procedure mandatory for a certain types of cases. First session of mediation is advised to be obligatory and the continuation of the procedure is left to the will of the parties. Besides that, there is a proposal to amend the legislation noting that organization with state ownership should add mediation clause to their contracts.

The essay seeks to frame the issue of Decent Work for All by means of Hannah Arendt’s conception of freedom and liberty. In Arendt’s view, liberty was the proper rationale for early labour legislation, which purported to liberate the individual from the chattels of slavery and exploitation by preserving the voluntary nature of the agreement to provide labour. In the stage of full development of labour law, a primary need in both Liberal Market Economies (such as the US) and Social Market Economies (such as Germany) was to strike a difficult but necessary balance between the employer’s liberty to conduct the business and the workers’ collective freedom. With the promotion of Decent Work, as a broad guideline for policymakers and not a binding regulation of any kind, labour law is reconsidering its focus on the person, with the aim of granting individuals the possibility to achieve their (neo)liberation from basic economic needs, as well as from the domination of others. Once liberated from those two constraints, individuals are in a position to effectively aspire to the collective dimension of freedom, which, in Arendt’s terms, consists of the possibility of the individual to contribute on an equal footing to societal development. Liberty, Freedom, Decent Work, Neo-Liberation

Major economies, such as the United States, European Union (EU), Japan, and China have enacted Circular Economy Promotion Laws (CEPLs) to promote the development of the recycling industry. The Urban Mining Pilot Policy (UMPP) is an essential provision of the CEPL in China, which promotes a circular economy and environmentally friendly industries and society. In China, the Urban Mining Pilot City (UMPC) program facilitates the addressing of the negative environmental impacts of industrial and urban waste, and conservation of scarce primary resources, which are necessary for sustainable industrialization and urban sustainability in developing countries. In the present study, a time-varying difference-in-difference analysis of city-level panel data was conducted to investigate the impact of the UMPC program on pollution reduction in China. The results indicated that the UMPC program has improved municipal waste management efficiency and environmental quality significantly, with robust results across various models and datasets. Additionally, the mediation test showed the positive impacts of the UMPC program are mainly associated with the economy-of-scale effects. Finally, the UMPP had geographical and social-economic heterogeneous effects. To the best of our knowledge, this is the first study to quantify the impact of the UMPC program on recyclable solid waste management and pollution reduction in urban China, with potential contributions to resource and environmental economics.

Paragraph 6 in Article 34 of the Constitution is prescribing that “The state shall endeavor to prevent disasters and to protect its people from the dangers.” Hence, the role of the nation is being presented concerning the prevention of industrial accidents and the protection from danger. Accordingly, it may be mentioned that workers have the right to be safe from danger and that the state has an obligation to ensure the safety of workers from social risks. The total revision in ｢Occupational Safety and Health Act｣ on January 15, 2019 led to having appointed a person in charge and a responsible person to manage the safety and health of workers and to having been taken measures such as the organization and operation of the safety and health management regulations and of the safety and health consultative group. With regard to the enforcement in ｢The Serious Accident Punishment Act｣ that was enacted on January 26, 2021 and was implemented on January 27, 2022, the punishment, etc. for business owners, chief executives, public officials, and corporations were stipulated. It led to having come to prevent serious accidents and protect the lives and bodies of citizens and workers. The objective of ｢The Serious Accident Punishment Act｣ is not to punish the chief executive by holding him or her accountable for that, but to have a large preventive aspect to block severe accidents from occurring. In 2022, the fatalities in severe industrial accidents stood at 303 cases(320 deaths), thereby having diminished by 31 cases and by 20 fatalities compared to 334 cases(340 deaths) in the same period of the previous year. The violation of the safety measures that caused the death accident appeared to be in order of the failure to establish the work procedures and standards such as the designation of a work conductor with 108 cases(24.4%), the failure to take action to prevent the risk of falling such as the installation of safety handrails with 70 cases(15.8%), and the failure to take safety measures for dangerous machinery and equipment such as conveyors with 53 cases(12.0%). This implies the real situation that severe accidents are only decreased but not eradicated despite the enforcement in ｢The Serious Accident Punishment Act｣. There are problems about the exemption even from the punishment because the application scope of ｢The Serious Accident Punishment Act｣ leads to being not adopted the regulations for serious industrial accidents to a business owner or a chief manager of a business or workplace with less than five full-time workers, about the extensive law application subjects, and about the ambiguous criteria for punishment in the event of an accident. Consequently, the law application subjects need to be clarified through revising the Serious Accident Punishment Act. Thus, the range of business owners, chief managers, etc must be established. Also, there is a need to be fulfilled the obligation to secure safety and health under the Serious Accidents Act aiming to assure workers' right to safety, and to be also reviewed the safety & health education. And to obstruct industrial accidents, the opinions of the field workers should be heard. Thus, it is necessary to arrange a procedure of listening to and reflecting the opinions on risks or improvements from field workers. In relation to the scope of workers, an expanded implementation plan must be sought by adding vocational education trainees who have signed a field training contract in accordance with ｢Vocational Education and Training Promotion Act｣. This improvement in the Serious Accident Legislation should lead to being secured workers' right to safety and to being realized their welfare.

This presentation considers progress towards establishment of a modern legislative framework for individual employment relations in China. A background of current labour market statistics and trends is provided, together with comment on perceived impacts for China of the global financial crisis since 2008. Recent enactments dealing with employment promotion, labour contracts, and labour dispute resolution are then considered. These are seen as a new phase in regulatory activity for the world of work since the foundation of the People's Republic in 1949. Particular challenges are identified in relation to effective delivery of employment rights, the administrative monitoring of enterprise compliance with labour regulations, and judicial efficiency in dealing with a rising volume of labour disputes throughout China. The influence of international standard-setting bodies upon the new enactments is noted, as are lessons drawn by the Chinese authorities from examination of experiences in other national systems. It is suggested that, without dramatic departure from the framework established by the 'umbrella' Labour Law of 1994, recent Chinese legislation reflects some sophisticated and innovative draughtsmanship, as well as sensitivity to the delicate balance between the economic interests of enterprises and the (generally protective) 'social dimension' of the world of work. Concern is expressed, however, as to whether China's available enforcement and sanctioning mechanisms will suffice to ensure that the new regulatory arrangements become effective in practice. Notably, there is a pressing need for capacity building in order to provide the administrative and judicial institutions necessary to ensure effective labour market regulation within a framework of rule of law. The need for a stable, well-regulated, yet flexible, labour market is seen as crucial to the continued success of the Chinese economy at a time of dramatic global flux. Cautious optimism is expressed as to the prospects of achieving those goals.

After the COVID-19 pandemic, the importance of the metaverse has been highlighted as the proportion of online virtual space has expanded dramatically. The metaverse market will grow even bigger in the future, and it is highly likely that it will merge with various industrial fields and become inseparable from our daily lives. This is the reason why it is required to respond to various security threats caused by the characteristics of the virtual world. As a result of the review of previous studies, we selected personal information infringement and digital sex crimes as representative security threats related to Metaverse, and then reviewed legal protection measures against these two security threats. To this end, the 「Personal Information Protection Act」 and 「Criminal Act」, the 「Act on Special Cases concerning the Punishment of Sexual Violence Crimes, etc.」, and the 「Act on the Protection of Children and Juveniles Sexuality」 were reviewed, and the 'Act on Special Cases concerning the Punishment of Sexual Violence Crimes, etc.' and 'Information We reviewed some amendments to the Act on Promotion of Communication Network Utilization and Information Protection, etc. As a result of the review, rather than rushing to enact an independent law to deal with only the security threats related to the Metaverse, in order to ensure the healthy and safe use of the Metaverse, the legal system on various security threats related to the use of the Metaverse within the framework of the current law was revised. It is considered reasonable to amend or supplement or to enact a one-point law that applies to specific threats. Excessive sanctions against the rapidly growing metaverse industry have plenty of room to shrink the industry itself. However, the damage may snowball by delaying the related security threats. Therefore, it is judged that it is necessary to discuss legislation at a level that is acceptable to both the industry and users. To this end, legislative bodies must collect and analyze opinions from relevant industries, users, and expert groups to reduce the damage that short-sighted legislation enacts.n to the analysis of the functions and manpower of Amtrak police.

In recent years, the number of new organizations aiming to accomplish principles of sustainability has rapidly grown, leading analysts and scholars to announce almost a new industrial revolution. An example of this is the proliferation of the so-called fabrication laboratories (FabLabs) that nowadays are perceived as being forerunners in innovative and sustainable high-tech production through peer-to-peer collaborative practices and sharing. However, the challenges managers face in translating these promotional aims into organizational action is vastly understudied. To address this research gap, we have studied the management of two FabLabs, in Italy and Finland. In this study, we draw from a psycho-sociological framework applying cultural-historical activity theory, and especially from the concepts of activity system and contradiction. According to this perspective, a sustainable organization is based on promotion, enrichment, regeneration, and flexible change efforts, and it is related to the managerial and ability to bring internal and external stakeholders together to recognize and solve tensions and contradictions collectively. Through our case studies, we have provided new research knowledge on how managers make an effort to translate sustainability into action in the complex context of FabLabs, involving multiple, often competing stakeholders and activity systems. Our analysis reveals multiple tensions in the collective activity, stemming from system level contradictions, which represent a challenge for the daily work of the FabLab managers. In the paper we also suggest how an engaged management orientation towards sustainably can be promoted, and we discuss future research topics.

Rural areas are facing vulnerabilities and changes caused by negative social, economic and ecological externalities resulting from industrial agriculture systems. Locally embedded farms and bottom-linked approaches such as social cooperatives that act in the field of social agriculture are small, but valuable models to counteract these trends. This article is based on a case study conducted within the transdisciplinary research and development project Unlocking the Potential of Social Agriculture (UPAS), 2017–2020—financed by the Free University of Bolzano. The main focus of the case study is to determine the impact of social agriculture initiatives on social and healthcare systems, the natural environment and the communities in which they act. Data collection includes a literature review, observations and interviews carried out on 35 case studies of social agriculture initiatives, mainly located in Italy. The field research points out that actors in the sector of social agriculture predominantly aim to integrate disadvantaged people socially and in terms of their labor, base their production on organic methods, and that social agriculture has the potential to foster eco-social transformation and development of rural areas by the combination of social and ecological concerns. Thus, we use the term “eco-social” agriculture to describe these approaches. Furthermore, five components of eco-social agriculture have been defined, which, together, offer an ideal set of acting principles, namely: (1) the empowerment and integration of disadvantaged people, (2) the promotion of environmentally friendly agricultural practices, (3) the protection of nature, resources and cultural landscape, (4) support to the local community, and (5) education for sustainable development.

Recently the South African company law landscape underwent a dramatic overhaul with the introduction of the Companies Act 71 of 2008. Central to company law is the promotion of corporate governance. It is clear that companies are no longer accountable just to their shareholders but also to society at large. Leaders should, for example, direct company strategies and operations with a view to achieving the triple bottom-line (economic, social and environmental performance) and should thus also manage the business in a sustainable manner. An important question in company law still today is in whose interest the company should be managed. Different stakeholders of importance to companies include shareholders, managers, employees, creditors etcetera. The Companies Act aims to balance the rights and obligations of shareholders and directors within companies, and it encourages the efficient and responsible management of companies. When considering the role of employees in corporations it must be noted that the Constitution grants every person a fundamental right to fair labour practices. Social as well as political changes were evident after South Africa's re-entering the world stage in the 1990s. Changes in socio-economic conditions within a developing country were also evident. These changes had a major influence on the South African labour law dispensation. Like company law, labour law is to a large extent also codified. Like company law, no precise definition of labour law exists. It is clear from the various definitions of labour law that it covers both the individual and collective labour law and that various role-players are involved. Some of these role-players include trade unions, employers/companies, employees, and the state. The various relationships between these parties are ultimately what will guide a certain outcome if there is a power play between them. In 1995 the South African labour market was transformed with the introduction of the Labour Relations Act 66 of 1995. The LRA remains the primary piece of labour legislation that governs labour law in South Africa. The notion of industrial democracy and transformation of the workplace are central issues in South African labour law. This is due to the constitutional changes that have taken place in South Africa, where the protection of human rights and the democratisation of the workplace are advanced. Before the enactment of the LRA, employee participation and voice was a much-debated topic not only locally but also internationally. It is therefore essential when considering employee participation to take due cognisance of both the labour and company law principles that may be pertinent, as well as the need for workers to have a voice in the workplace and for employers to manage their corporations. This article will attempt to indicate how the different functions, theories and models of labour and company law accommodate and promote the interests of employees in corporations and will also attempt to reconcile these differences.

The Second Belt and Road Forum for International Cooperation announced the establishment of the International Commercial Dispute Prevention and Settlement Organization (ICDPASO) in 2019. The ICDPASO was coordinated by the China Council for the Promotion of International Trade and the China Chamber of International Commerce, together with industrial and commercial organizations and legal service agencies from over thirty countries and regions including the European Union, Italy, Singapore, Russia, Belgium, Mexico, Malaysia, Poland, Bulgaria, and Myanmar. It was launched on 15 October 2020. As its title indicates, ICDPASO's mandate to provide dispute resolution services is not confined to the Belt and Road Initiative (BRI) countries but includes resolving any disputes that the parties entrust to its jurisdiction. The ICDPASO aims to serve as a “legal hub” to resolve commercial and investment disputes effectively, efficiently, and practically. Unlike other multilateral dispute resolution forums, it is intended to provide an Asian-centric multilateral dispute resolution forum. This essay, the first on the subject of the ICDPASO, discusses how the ICDPASO can serve as a global laboratory for experimenting and innovating in dispute resolution with the potential to impact the landscape of international law, in particular its innovative use of mediation, good offices, and appeal processes to prevent and resolve disputes arising from the BRI. As BRI projects aim to establish infrastructure and digital connectivity within BRI countries and regions for trade and development, this essay argues that the dispute resolution process under the ICDPASO should take into account the overall development of a country or region. The essay concludes that the ICDPASO will be a game changer by introducing an Asian way of resolving disputes.

- The promotion of electricity from renewable energy sources (RES) is a high European Union (EU) priority for several reasons, including the security and diversification of energy supply, environmental protection and social and economic cohesion. The EU Council's decision of 9 March 2007 points towards increasing renewable penetration to 20% of total primary energy supply by 2020 (binding target). There are both costs and benefits associated with the achievement of such an ambitious target. For renewable technologies, the industrial cost is often higher compared to other energy sources. however, due to learning curve effects and market diffusion, technology related costs are coming down considerably. In some cases, when the external costs are taken into account by the price system, renewables can now be close to competitive with fossil fuels. With particular reference to renewable electricity in Italy, its development is often hampered by burdensome and time consuming authorisation procedures with the consequence of a high "mortality" rate for the investments in the sector, leading to increased costs for the project management. Therefore, in these projects an important cost factor is the high cost of capital due to risk. The analysis of the various renewables' support mechanisms currently in place in the EU shows that some types of incentive have proven to be more efficient than others in reducing the risk perception of investors and financing institutions, therefore making projects less expensive by reducing the cost of capital (both debt and equity). Therefore the focus here is on the electricity generation costs of some renewable technologies and on the costs related to the "additional" risk perceived by investors/lenders in the sector. The authors estimate the additional cost of capital which investors pay when operating in a risky environment. Some policy indications are finally given to reduce the non-technology related costs for a faster and more efficient growth of the sector. JEL Class. L98, Q28, Q48 Key words: renewable energy, electricity cost, administrative procedures, system inefficiency

Introduction. Euro-integration determines the need to harmonize the innovation policy of Ukraine in line with smart specialization (SS). SS is a quite new tool to facilitate knowledge-based growth in regions.Problem Statement. SS aims at stimulating new economic activities that emerge at the intersection of interests of many different stakeholders. The SS implementation in Ukraine started from pilot activities in 3 regions, in 2017. Their results were not considered properly while incorporating SS into regional development strategies. Despite technical support from the European Commission, many regions were not able to change the policy making process and to ensure proper triple helix (TH) interactions. The under-involvement of the state in the process is among the reasons thereof, so the role of the state in SS has been explained in the paper too.Purpose. The purpose of this research is to assess the SS implementation in Ukraine in the context of TH interaction between innovation stakeholders.Materials and Methods. The study is based on the data obtained by the authors during the elaboration of smart specialization for Kyiv city and Kyiv Oblast, the analysis of the regulatory framework, as well as other analytical materials and research papers. The expert opinion generalization, content and statistical analysis methods have been used.Results. The first steps in the implementation of the SS concept in the strategies of regional development have been assessed, the problems and ways to address them have been identified in order to facilitate the SS and to strengthen TH cooperation in Ukraine. The current situation with the implementation of SS has been analyzed. The analysis has shown paths for assessing the Ukrainian innovation capacity, international developments, and the development of the existing essential tools to control the progress in the promotion of smart specialization in the country. The report on the development of SS in Kyiv and Kyiv Oblast with an emphasis on the problems related to the involvement of stakeholders has been prepared.Conclusions. The key barriers for the SS implementation, namely, inconsistency of the legislation, underdeveloped innovation and industrial policies have been identified and the ways for overcoming these barriers have been proposed.

Problem setting. The legal basis for the implementation of technology transfer in Ukraine is the legal framework, in particular, the Law of Ukraine «On State Regulation of Technology Transfer», which has certain shortcomings in the field of state regulation of technology transfer, since Art. 3 of the said Law establishes only the list of subjects, but does not specify and organize them. So, today, the state provision of technology transfer in Ukraine is uncoordinated on the grounds that there is no proper institutional support. The relevance of the topic has determined the purpose of the scientific work, which is to study a group of technology transfer entities that are directly involved in the creation, transfer and use of technology and / or their components, and provide the necessary information, financial and other services at all stages the promotion of technologies and / or their components. Target of research. The purpose of this article is to analyze the activities and systematization of subjects belonging to the third group under Art. 3 of the said Law: natural persons directly involved in the creation, transfer and application of technologies and / or their components, provide the necessary information, financial and other services at all stages of the technology and / or their components market promotion. Analysis of recent researches and publications. Technology transfer as a category was investigated by such scientists as Yu. E. Atamanova, O. M Vinnyk, O. M Davdyuk, G.I Zhits, Yu. M. Kapitsa, D.S. Makhnovsky, V.S. Milash , E.A. Novikov, B.M. Paduchak, O.S. Trofimchuk, N.M. Fonshtein, O.A. Chobot, I.E. Yakubovsky. But with the attention of scientists there is a study of the analysis of activity and systematization of the subjects of technology transfer under Art. 3 Law of Ukraine «On State Regulation of Technology Transfer Activities». Article’s main body. The main normative legal document that directly regulates the sphere of technology transfer in Ukraine is the Law of Ukraine «On state regulation of activities in the field of technology transfer». It explains some of the concepts in technology transfer, identifies entities involved in technology transfer (Article 3), but their definitions, powers and functions are described only for government entities and state-owned entities. According to paragraph 3 of Art. 3 of the Law of Ukraine «On state regulation of activities in the field of technology transfer» subjects of technology transfer are individuals who are directly involved in the creation, transfer and use of technologies and / or their components, provide the necessary information, financial and other services for all stages of the advancement of technologies and / or their components to the market. Because an individual is involved in the creation of technology, it may be the creator (author). Any individual, regardless of age, can be the creator of an intellectual property. The right to transfer technology to individuals who are directly involved in technology transfer, although enshrined in applicable law, but only to individuals - entrepreneurs. With regard to individuals involved in the application of technologies and / or their components, these may be, in particular, technology providers and their components used in the application of technologies offered for transfer. The technology transfer entity (in particular, the inventor) can be a natural person in the technology transfer field. Thus, the subjects of technology transfer at certain stages are: the inventor (fundamental science), practitioner (applied science), technologist-producer (industrial production), marketer-seller (market), investor (pilot production and refinement) technology). We assume that technology transfer investors are financing through their own funds or fund management. The most attractive for efficient technology transfer is the Greenfield investor who is motivated by the search for knowledge. Individuals directly involved in the transfer of technology may also be referred to as a patent attorney as a person providing assistance and services related to the protection of intellectual property rights to others whom they represent. Conclusions and prospects for the development. Although a legal analysis of technology transfer legislation indicates the use of the terms «natural person», for example, author, inventor, who may belong to individuals involved in the creation of technologies and / or their components, and «natural person - entrepreneur», however the parties to the economic agreement in the field of technology transfer are economic entities, ie individuals - entrepreneurs. In our opinion, item 3 of Art. 3 The Law of Ukraine «On State Regulation of Technology Transfer Activities» should be read in the following wording: natural persons directly involved in the creation, transfer and use of technologies and / or their components, provide the necessary information, financial and other services for all stages of promotion of technologies and / or their components on the market are: a) individuals who create new technological solutions, products, methods or means of production, types of goods and services, management structures without conducting scientific howling (scientific and technical) work; b) individuals who provide different types of services during the implementation of innovations, in particular, perform design or technological works on the creation of models, design, provide marketing, training, legal, patent services; c) natural persons - investors who finance projects at their own expense or manage funds. Keywords: technology transfer, technology, services, individual - entrepreneur, author, investor.

SYSTEM ERROR: Where Big Tech Went Wrong and How We Can Reboot by Rob Reich, Mehran Sahami, and Jeremy M. Weinstein. New York: HarperCollins Publishers, 2021. 352 pages. Hardcover; $27.99. ISBN: 9780063064881. *Remember when digital technology and the internet were our favorite things? When free Facebook accounts connected us with our friends, and the internet facilitated democracy movements overseas, including the Arab Spring? So do the authors of this comprehensive book. "We shifted from a wide-eyed optimism about technology's liberating potential to a dystopian obsession with biased algorithms, surveillance capitalism, and job-displacing robots" (p. 237). *This transition has not escaped the notice of the students and faculty of Stanford University, the elite institution most associated with the rise (and sustainment) of Silicon Valley. The three authors of this book teach a popular course at Stanford on the ethics and politics of technological change, and this book effectively brings their work to the public. Rob Reich is a philosopher who is associated with Stanford's Institute for Human-Centered Artificial Intelligence as well as their Center for Ethics in Society. Mehran Sahami is a computer science professor who was with Google during the startup years. Jeremy Weinstein is a political science professor with experience in government during the Obama administration. *The book is breathtakingly broad, explaining the main technical and business issues concisely but not oversimplifying, and providing the history and philosophy for context. It accomplishes all this in 264 pages, but also provides thirty-six pages of notes and references for those who want to dive deeper into some topics. The most important section is doubtless the last chapter dealing with solutions, which may be politically controversial but are well supported by the remainder of the book. *Modern computer processors have enormous computational power, and a good way to take advantage of that is to do optimization, the subject of the first chapter. Engineers love optimization, but not everything should be done as quickly and cheaply as possible! Optimization requires the choice of some quantifiable metric, but often available metrics do not exactly represent the true goal of an organization. In this case, optimizers will choose a proxy metric which they feel logically or intuitively should be correlated with their goal. The authors describe the problems which result when the wrong proxy is selected, and then excessive optimization drives that measure to the exclusion of other possibly more important factors. For example, social media companies that try to increase user numbers to the exclusion of other factors may experience serious side effects, such as the promotion of toxic content. *After that discussion on the pros and cons of optimization, the book dives into the effects of optimizing money. Venture capitalists (VCs) have been around for years, but recent tech booms have swelled their numbers. The methodology of Objectives and Key Results (OKR), originally developed by Andy Grove of Intel, became popular among the VCs of Silicon Valley, whose client firms, including Google, Twitter, and Uber, adopted it. OKR enabled most of the employees to be evaluated against some metric which management believed captured the essence of their job, so naturally the employees worked hard to optimize this quantity. Again, such a narrow view of the job has led to significant unexpected and sometimes unwanted side effects. *The big tech companies are threatened by legislation designed to mitigate some of the harm they have created. They have hired a great many lobbyists, and even overtly entered the political process where possible. In California, when Assembly Bill 5 reclassified many independent contractors as employees, the affected tech companies struck back with Proposition 22 to overturn the law. An avalanche of very expensive promotion of Proposition 22 resulted in its passage by a large margin. *It is well known that very few politicians have a technical background, and the authors speculate that this probably contributes to the libertarian leaning prominent in the tech industry. The authors go back in history to show how regulation has lagged behind technology and industrial practice. An interesting chapter addresses the philosophical question of whether democracy is up to the task of governing, or whether government by experts, or Plato's "philosopher kings" would be better. *Part II of the book is the longest, addressing the fairness of algorithms, privacy, automation and human job replacement, and free speech. The authors point out some epic algorithm failures, such as Amazon being unable to automate resumé screening to find the best candidates, and Google identifying Black users as gorillas. The big advances in deep learning neural nets result from clever algorithms plus the availability of very large databases, but if you've got a database showing that you've historically hired 95% white men for a position, training an algorithm with that database is hardly going to move you into a future with greater diversity. Even more concerning are proprietary black-box algorithms used in the legal system, such as for probation recommendations. Why not just let humans have the last word, and be advised by the algorithms? The authors remind us that one of the selling points of algorithmic decision making is to remove human bias; returning the humans to power returns that bias as well. *Defining fairness is yet another ethical and philosophical question. The authors give a good overview of privacy, which is protected by law in the European Union by the General Data Protection Regulation. Although there is no such federal law in America, California has passed a similar regulation called the California Consumer Privacy Act. At this point, it's too soon to evaluate the effect of such regulations. *The automation chapter is entitled "Can humans flourish in a world of smart machines?" and it covers many philosophical and ethical issues after providing a valuable summary of the current state of AI. Although machines are able to defeat humans in games like chess, go, and even Jeopardy, more useful abilities such as self-driving cars are not yet to that level. The utopian predictions of AGI (artificial general intelligence, or strong AI), in which the machine can set its own goals in a reasonable facsimile of a human, seem quite far off. But the current state of AI (weak AI) is able to perform many tasks usefully, and automation is already displacing some human labor. The authors discuss the economics, ethics, and psychology of automation, as human flourishing involves more than financial stability. The self-esteem associated with gainful employment is not a trivial thing. The chapter raises many more important issues than can be mentioned here. *The chapter on free speech also casts a wide net. Free speech as we experience it on the internet is vastly different from the free speech of yore, standing on a soap box in the public square. The sheer volume of speech today is incredible, and the power of the social media giants to edit it or ban individuals is also great. Disinformation, misinformation, and harassment are rampant, and polarization is increasing. *Direct incitement of violence, child pornography, and video of terrorist attacks are taken down as soon as the internet publishers are able, but hate speech is more difficult to define and detect. Can AI help? As with most things, AI can detect the easier cases, but it is not effective with the more difficult ones. From a regulatory standpoint, section 230 of the Communications Decency Act of 1996 (CDA 230) immunizes the platforms from legal liability due to the actions of users. Repealing or repairing CDA 230 may be difficult, but the authors make a good case that "it is realistic to think that we can pursue some commonsense reforms" (p. 225). *The final part of the book is relatively short, but addresses the very important question: "Can Democracies Rise to the Challenge?" The authors draw on the history of medicine in the US as an example of government regulation that might be used to reign in the tech giants. Digital technology does not have as long a history as medicine, so few efforts have been made to regulate it. The authors mention the Association for Computing Machinery (ACM) Software Engineering Code of Ethics, but point out that there are no real penalties for violation besides presumably being expelled from the ACM. Efforts to license software engineers have not borne fruit to date. *The authors argue that the path forward requires progress on several fronts. First, discussion of values must take place at the early stages of development of any new technology. Second, professional societies should renew their efforts to increase the professionalism of software engineering, including strengthened codes of ethics. Finally, computer science education should be overhauled to incorporate this material into the training of technologists and aspiring entrepreneurs. *The authors conclude with the recent history of attempts to regulate technology, and the associated political failures, such as the defunding of the congressional Office of Technology Assessment. It will never be easy to regulate powerful political contributors who hold out the prospect of jobs to politicians, but the authors make a persuasive case that it is necessary. China employs a very different authoritarian model of technical governance, which challenges us to show that democracy works better. *This volume is an excellent reference on the very active debate on the activities of the tech giants and their appropriate regulation. It describes many of the most relevant events of the recent past and provides good arguments for some proposed solutions. We need to be thinking and talking about these issues, and this book is a great conversation starter. *Reviewed by Tim Wallace, a retired member of the technical staff at the MIT Lincoln Laboratory, Lexington, MA 02421.

The article briefly outlines the evolution of the non material damage concept in Romanian civil law as well as the conversion hereof in other states’ legislation especially of France and Italy. This legislation adjunction is not at all random considering the fact that these are EU member states and share a common juridical patrimony inherited from Roman law. The article also presents the analyses of the European Guidelines drafted by the European Group on Tort Law, principles aiming for the harmonisation of European legislation in matters relating to tort. The article concludes with an assessment of national current regulation on compensation of non material damage.

Once a very important crop, the cultivation of hemp has seen a significant reduction in Europe for a long time, but it is now subject to direct payments and promotion initiatives. Italy used to be an important producer and exporter of hemp textiles until the Second World War but currently information is lacking regarding the hemp production chain and legislation on the issue is often misunderstood by producers. Moreover, there has been an important development of economic activities connected with hemp, such as the so-called “hemp shops” or “grow shops” and the market of a product called “cannabis light”, the dried inflorescences of industrial hemp. The aim of the study was to investigate 30 Italian hemp farms in order to identify the characteristics of the production chain and the uses of the crop. Some considerations on this sector in the Italian economic and legislative contest are made and an anonymous web survey on the commercial activities associated with hemp (grow shops) was conducted. Most farms are multifunctional, 83% have been set up recently (in the last ten years) and directly as hemp producers. They are run by young entrepreneurs (57% holders under 35) and allow the use of marginal abandoned territories (43% of the farms). The 30 farms cultivate 460 ha of hemp and the extension of the field crops is very variable, from small patches in the mountains of 0,001 ha to more than 100 ha farms in the plains (in particular in Campania region). Almost all the farms use the crop to produce more than one end-product (seeds, flour, decorticated seeds, hemp-beer, seeds for animal nutrition and food oil from seeds, seeds and inflorescences harvested for cosmetic use, herbal use and extraction of active ingredients). In some cases, “technical use” linked to selling of the dry top inflorescences of industrial hemp for smoking was declared and it was found that there has been a significant increase in grow shops in Italy, from 4 in 2002 to more than 700 in 2018. As emerges from the analyses of European and Italian legislation, there is a need for clear regulations and a system of control by regulatory organizations considering the actual criticalities. At the same time, the renewed appeal of this crop derives from the multiple possibilities of use of the plant and from growing consumer demand for eco-compatible and sustainable products.

The environment of our planet is degrading at an alarming rate because of non-sustainable urbanization, industrialization and agriculture. There is need of management of natural resources, biodiversity loss, land use, convention on biological diversity and ecosystem diversity. The rapid increase in industrialization and human needs, environment has been badly suffered. That why there was need of creating law for conversion of environment in India. So environmental laws made for huge to maintain an ecological balance of environment by safeguarding the forests and wildlife, biodiversity, forest conservation of the country. The ministry of environment forest & the nodal agency is the administrative structure of the central government for the planning, promotion, co-ordination and overseeing the implementation of environment& forestry programmes. The principle activity taken by ministry of environment& forest and wildlife prevention control of pollution, afforestation regeneration of degraded areas and protection of environment in the framework of legislation. This research paper will be focus on what has action & laws are made by Indian government for protection of environment.

The issue of utility model (UM) protection in Ukraine in1993–2020 and the practice of the EU Member–States is considered. It is noted theproblem of UM trolling and exceeding the number of applications in Ukraine for UM in comparison with inventions. It is associated with the expansion in 2003 of the UM object in addition to the device also to a process, substance, microorganism strain, plant or animal cells culture and limiting the criterion of patentability only to the requirementnovelty and industrial applicability.It is concluded that the adoption of the Law of 21.07.2020 № 816-IX is an important step to limit patent trolling. The Law provides for exclusion from the protection of the substance and the introduction of post grant opposition in the Appellate Chamber.However the Law does not solve the problem of patent trolling at the customs border and did not exclude process from the protection. Also there will still be the problem at the courts as well Appellate Chamber to declare a utility model invalid if the UM is a new but obvious technical solution due to the lack of inventive step requirement or lower requirements for inventive step.The peculiarities of the protection of the utility model in the 15 old EU member states and the United Kingdom are analyzed. It is shown the tendency to increase level of protection of UM in the EU. In 6 EU countries there is no UM protection. In 5 there is an inventive step requirement. In 2 countries protection is possible only for three-dimensional objects (Italy, Greece). In 2 countries (Finland, Spain) - lower requirements for the inventive step.The directions of change of UM legislation in Ukraine are substantiated, including: Option 1: cancellation of protection of UM taking into account experience of Luxembourg, Sweden, Great Britain, Belgium, the Netherlands.Option 2: introduction of protection only for three-dimensional UM (protection is not provided to the method, substances, biotechnological inventions). Establishment of the criterion of inventive step the same as for inventions. Determination of mandatory examination of compliancewith the criteria of patentability (novelty, inventive step, industrial applicability) before the enforcement of UM in the courts, customs, Antimonopoly Committee.Option 3. Definition of protection of utility model as a form of protection of the invention with similar requirements as in option 2.

Industrial hemp (Cannabis sativa L.) was cultivated in Italy until the end of the Second World War. Since then, it has been abandoned and substituted with other crops mainly due to legal restrictions and public concerns. Public legislation passed in 2016, has allowed for the production of hemp seeds, flowers and fibers (law n. 242/2016). During a 2019 survey on hemp sanitary status in the province of Naples (40°57'6"12 N, 14°22'37"56 E), hemp ‘Kompolty’ with symptoms of root rot were observed at a private farm and collected for further analysis at the phytosanitary laboratory of CREA in Caserta. Death generally occurred within 2-3 weeks after the appearance of the first symptoms, occurring on ca. 10% of plants, consisting of yellowing, canopy wilt and signs of roots covered with white mycelium and fan-like mycelium under the bark. The causal agent, was isolated from small root segments, excised from symptomatic plants, the surface was disinfected with 2% sodium hypochlorite, placed on potato dextrose agar (PDA) amended with streptomycin sulphate (100mg/L) and incubated in the dark at 25°C for 5 days. Small pieces (2-3 mm) at the edge of the resulting colonies were sub-cultured onto PDA and incubated at 25°C in the dark for one week. The mycelia from 15 isolates showed pear-shaped swellings adjacent to the septa. The conidia were aseptate, hyaline, ellipsoid to ovoid, and 3-5 × 2.5-3 µm (n=50). Based on the morphological characteristics, the fungus was identified as Rosellinia necatrix Berl. ex Prill. (Singleton et al., 1992) a fungus taxonomically revised to Dematophora necatrix R. Hartig (Wittstein et al., 2020). To confirm the identification, total DNA was extracted from five isolates using a DNeasy Plant Mini Kit (Qiagen, Hilden, Germany) and the ITS spacer was PCR-amplified with primers ITS1-ITS4 (White et al., 1990). The size-expected amplicons of 536 bp were purified and sequenced, the resulting sequence was trimmed and deposited in GenBank under the accession number MK937913. BLAST-n analysis revealed 98.83% nucleotide identity with some representative isolates of D. necatrix (MK888684.1; KT343972.1). To fulfill Koch’s postulates, the pathogenicity tests were carried out on fifteen 4-weeks-old potted hemp plants ‘Kompolty’. The inoculation was performed by adding 3 g of millet seeds inoculated with ten mycelial plugs, taken from the margins of a D. necatrix actively growing colony, per liter of sterile peat and perlite substrate in single pots. Moreover, ten hemp plants were inoculated with sterilized millet seed and served as negative controls. All plants were incubated at 25°C. After three weeks, inoculated plants exhibited foliar chlorosis, apical wilting, and death in two weeks, similar to what was observed in the field. Control plants did not show any symptoms. The fungus was isolated from the roots in all fifteen inoculated plants and confirmed to be D. necatrix based on morphological and molecular analysis, carried out with a second primer pair EF1-983F/ EF1-2218R targeting the transcription elongation factor 1- (Rehner and Buckley., 2005) (MW541068) that showed 99.67% nt in BLAST-n analysis. To our knowledge, this is the first report of D. necatrix infecting hemp in Europe. The farm where the problem arose has a history of cultivation for the production of apples for over 30 years. Therefore, an adaptation of D. necatrix to the new host is hypothesized. An in-depth knowledge on the diseases of hemp will be needed to relaunch hemp cultivation in this area.

Women in Universities Women have been fighting for the right to participate in universities since 1873, when Sophia Jex Blake went to court with her fight to enrol at Edinburgh University. In rejecting her application, one of the judges stated: It is a belief, widely entertained, that there is a great difference in the mental constitution of the two sexes, just as there is in their physical conformation. The powers and susceptibilities of women are as noble as those of men; but they are thought to be different, and, in particular, it is considered that they have not the same power of intense labour as men .... (Scutt 224) In Australia, from the 1850s to the 1880s, both the University of Sydney and The University of Melbourne refused to admit women as students. In 1879, the Chancellor of the University of Sydney suggested that: The best course to be taken by advocates of advanced education for women, would be to found some sort of affiliated college for them in the vicinity of the University ... if there really be a widespread wish on the part of young women for a higher education ..." (Scutt 228). Having finally won the right to study at university in 1881, and to enter the academic workforce, women are still finding many of the old prejudices remain. Numerous studies have demonstrated that women's experiences in academe are qualitatively different from men's and that women are systematically paid lower salaries than men of equivalent academic achievement, age and length of service (Bagilhole 431-47; Loder 713-4; McElrath 269-81;). Studies have shown that differences in the experiences of male and female faculty are largely explained by gender (Booth & Burton 312-33; Everett 159-75; Over & Lancaster 309-18; Ready 7) and sex discrimination is highlighted as an ongoing contributor to the inequity (Allport 5-8; Hall & Swadener 1; Tuohy 8). A recent UNESCO-Commonwealth (http://www.unesco.org/) report states that: ... in spite of advances which women have made in many areas of public life in the past two decades, in the area of higher education management they are still a long way from participating on the same footing as men. With hardly an exception, the global picture is one of men outnumbering women at about five to one at middle management level and at about twenty to one at senior management level (Singh 4). The introduction in Australia of Sex Discrimination legislation (http://www.hreoc.gov.au/sex_discrimination/) in 1984 and more recently, Affirmative Action policies ( http://www.austlii.edu.au/) in employment and promotion rounds in some universities has not improved women's situation to the extent expected. In 1978, women held 16% of full time academic posts while gaining 25% of all higher degrees and 30% of undergraduate degrees (Commonwealth Government statistics cited by Over and McKenzie 61-71). In 1999, 54% of students were women yet women's participation in academe had only increased to 35% (DETYA) (http://www.deet.gov.au/). Women are mainly employed at the lowest academic levels. In 1999, 72% of women were employed at Levels A and B (Associate Lecturer/Lecturer) compared to 46% of men, with only 8% of women reaching Levels D and E (Associate Professor/Professor) compared to 26% of men. Women continue to be clustered in the traditionally female areas of Health, Education and Arts while few seem to have successfully broken through the barriers in the traditionally male areas of Engineering, Architecture or Agriculture (DETYA) (http://www.deet.gov.au/). Business has traditionally been viewed as a male preserve but enrolments have increased to the point where women almost equal men. However, the staff ratio of men to women remains very low at 70/30 (DETYA) (http://www.deet.gov.au/). The slow growth rate for women in academe belies the fact that more women than men are now completing university degrees. The purpose of this study was to determine how well the experiences of academic women in the male-dominated faculties of business and commerce, reflect the literature on women in universities, in general. Previous empirical studies have found inequitable treatment of women without necessarily exploring the processes of discrimination. The Study This study involved interviews with academic women who had been employed in faculties of business and commerce for at least five years. The research used the 'snowballing' technique: participants initially comprised women known to me but as these women told female colleagues of my study I was given the names of other women who were willing to participate. Participants comprised twenty-one women from three universities in Western Australia, two universities in New South Wales and one Victorian university. One woman had recently left academe and started her own business because of discriminatory practices she had encountered and another was contemplating leaving. In each university, women comprised a minority of the faculty and felt disadvantaged in some way. A semi-structured interview was used to explore with the women the issues that had been identified from previous studies of sex discrimination in the academic profession. Open-ended questions were used and the interviews conducted face to face, or, in the case of those interstate, via telephone or email. The women spoke frankly about their experiences. Findings and Discussion Promotion Each of the women in this study said that their university had established an internal promotion policy based on merit. However, they felt the greatest problem they had encountered in gaining promotion was in determining the criteria upon which they would be judged each year, and in meeting those criteria. "I have been chasing promotion for over five years. At first I was told that I would not be promoted until I got my masters degree so I worked really hard to complete it but then a male colleague was promoted without a masters. Once I got the masters I was told I needed to publish to be promoted but in the next year someone else was promoted without any publications. You go all out to meet the criteria each year but in the next year the promotions committee changes and so do the criteria for that year"(Lecturer applying for Senior Lecturer position). The promotion procedure at one university was explained by a Senior Lecturer who had served on promotion committees on two occasions. "There are about ten criteria upon which promotion can be based. When the applications are received we all get together to determine which are the criteria to be applied. In the last promotion round only four of the ten criteria were used so only people satisfying those criteria were selected." When asked whether the criteria were the same as the previous year she replied: "Last year there was more emphasis on qualifications and publications. This year community involvement and involvement in university affairs were judged as more important ... it varies from year to year". On questioning about the promotion procedures at their universities, women stated they were largely dissatisfied with the process, that they were presumed to be satisfied with their lot while the men were actively encouraged to apply. "I was told not to bother to apply (for a senior lecturer position) as I would not get it ... that there was a queue of people to be promoted before me - (named males) - and until they were promoted, I would not be considered" (Lecturer). "The position was advertised with a specific male applicant in mind and specifically excluded me by stating that the appointee must have supervisory experience. Women in my department are not given the opportunity to supervise students so I didn't even bother applying."(Lecturer aspiring to a Senior Lecturer position). One woman, upon inquiring why she was not promoted, was told that she should be grateful to have tenure and asked why she wanted to be promoted, anyway. "They would never have said that to a male, they would have expected a male to be working towards promotion" (Associate Lecturer). All women interviewed stated that they had problems keeping up with the 'goal posts' which moved from year to year. The 'moving of the goal posts' is one means by which universities are able to maintain the position of women at lower levels. Unsurprisingly, some women said they felt that promotion at their university was based on politics rather than merit. However, defining merit in universities is problematic. According to Burton (430), definitions of what is meritorious depend upon the power of particular groups to define it and, as a result, can change. The narrow view of merit is 'the best person for the job' which Burton (113) describes as an "overwhelming tendency to select in your own image". Burton (430) and Allport (5) claim universities define merit along male cultural lines with current selection, remuneration and career progression practices strongly influenced by an underlying gender bias. Burton (430) argues that there is still a tendency for work to be ranked as 'men's' or women's work with lower status attributed to the latter and an assumption that different skills and abilities are needed for each. Over and McKenzie (61-71) claim that women are disadvantaged by the fact that invalid merit criteria are applied to them which men as a group are more likely to satisfy. They state that the academic careers of most women do not fit the stereotypic male experience and it is mainly men who decide whether women should be promoted. At one university in the study, the merit criteria for senior lecturer include the requirement that aspirants have a number of overseas conference presentations. "Some of us are single working mothers and overseas conference attendance is out of the question because who's going to mind our children while we are away? The senior males were astonished when I mentioned that this was a problem for me. It had never occurred to them" (Associate Lecturer on why women at her university do not apply for promotion). Family Responsibilities The women commented on the numerous difficulties they had encountered in combining an academic career with responsibility for children. They felt that certain male faculty members perceived married women with children as lacking in career commitment, whereas married men with families were viewed as being more stable and committed to their careers. One married woman claimed that when she needed to go home to tend a sick child, her male Head of Department told her she should "get her priorities right". In 1992, Family Responsibility provisions were added to the Sex Discrimination Act (http://scaleplus.law.gov.au/html/pasteact/0/171/top.htm). However, it would appear that individual practice doesn't always follow as a result of changes in policy. Equal Pay On the subject of equal pay for equal work, the women said that they were often paid lower wages than their male colleagues despite having higher qualifications and equivalent teaching and research experience. Some women felt that the barriers between academic levels were used to artificially maintain the wage gap between men and women, regardless of qualifications and ability. This was felt to be particularly the case between the levels of Associate Lecturer (Level A) and Lecturer (Level B). "They find excuses to keep you at Associate Lecturer so that they can pay you less to do the same work that you would be doing as a lecturer ... lecturing, coordinating units and so on"(Associate Lecturer). "There are no men below Lecturer in my Department, either lecturing or with Masters degrees. As soon as they get their Masters they are promoted to Lecturer.... I'm coordinating units as an Associate Lecturer while some male lecturers have less responsibility' (Associate Lecturer with Masters degree and publications) Two women said that they had been performing higher level duties (Level B) for up to five years while working on their Masters but their university refused to pay them at the higher level until they had completed their degree. Even when they satisfied all the requirements for the Masters degree and had a letter from their supervisor saying they had satisfied all the requirements, the university refused to pay them until they had actually graduated, which was some time later. Shortly afterwards their university took on two men to perform the same duties, paying these at the higher level even though they had not completed a masters degree. One former lecturer claimed that she was employed at a time when there was a large turnover of staff in her department. A number of new staff were appointed of whom she was the only female. Although she and the other new staff were all employed at Lecturer Level B, it wasn't until later on that she discovered that the men were appointed at the top of the Lecturer salary scale while she was appointed at the bottom, with a salary differential of about10 000pa. This was despite the fact that both she and the men had similar qualifications and work experience at commencement. Teaching Loads Another complaint by women concerned inequitable teaching loads. An analysis in one Business School showed that women had higher teaching loads while men were given more time off for research. The women complained that the supervision of post-graduate students was divided up between the men, and women were excluded. Since research publication and student supervision are usually the most highly ranked criteria in academic promotion rounds, women who are not given the opportunity to participate in these areas are disadvantaged when applying for promotion. This problem is compounded since women are overwhelmingly employed at the lower levels where responsibility for the majority of teaching takes place. This leaves them with little time left to devote to research even if given the opportunity. The women also said they were often pressured into taking on higher duties than those prescribed in the Position Classification Standards for their level. They tended to acquiesce because of their need to prove they were better than men to gain promotion. One woman said that the extra administrative duties she had been given meant that she had less time for research which actually reduced her prospects for tenure and promotion. She said she didn't dare complain as the men in her department would use it as an excuse to question her commitment to her job. Conclusion An examination of women's perceptions and experiences in the workplace can help us understand the informal processes that work against women. The experiences of the women discussed in this paper provide an insight into the subtle processes that continue to operate in some higher education institutions to prevent women from reaching their full potential. Although equal opportunity legislation (http://www.hreoc.gov.au/about_the_commission/legislation/index.html) has been enacted to prevent discrimination and disadvantage to women, the implementation of policy does not always filter through to the operational levels. It is still possible to circumvent legislation in subtle ways, perhaps without even being aware that these practices are discriminative. The women in this study spoke frankly about their experiences and the difficulties they had encountered in gaining equal recognition to men, with very few satisfied that they were receiving equitable treatment. The women felt that their work was not valued as highly as that of the men they worked with and they were given less opportunities for advancement. Overall, the interviews with the women revealed interesting insights into their experiences in pursuing academic careers and in trying to gain recognition for their achievements. The collective experiences of the women provide an insight into the subtle ways in which disadvantage can be engendered. The findings of this study have serious implications for university administrators, particularly deans and heads of schools. There are many well-qualified women academics and universities cannot afford to overlook the valuable contribution these women can make to teaching, research and university governance. References Allport, Caroline. "Improving Gender Equity: Using Industrial Bargaining". NTEU Frontline4.1 (1996): 5-8. Bacchi, Carol. "The Brick Wall: Why So Few Women Become Senior Academics". Australian Universities Review36.1 (1993): 36-41. Bagilhole, Barbara. "Survivors in a Male Preserve: A Study of British Women Academics' Experiences and Perceptions of Discrimination in a UK University". Higher Education26 (1993): 431-47. Booth, Alison, and Jonathon Burton. "The Position of Women in UK Academic Economics". The Economic Journal110.464 (2000): 312-33. Burton, Clare. "Merit and Gender: Organisations and the Mobilisation of Masculine Bias." Australian Journal of Social Issues22 (1987): 424-35. Burton, Clare. An Equity Review of Staffing Policies and Associated Decision-making at Edith Cowan University. Report commissioned by ECU. 1994. DETYA. Selected Higher Education Statistics. 1999. Everett, James. "Sex, Rank and Qualifications at Australian Universities". Australian Journal of Management19.2 (1994): 159-75. Hall, Elaine, and Beth Blue Swadener. "Chilly Climate: A Study of Subtle Sex Discrimination at a State University". Initiatives (Online)59.3 (2000): 1. Loder, Natasha. "US Science Shocked by Revelations of Sexual Discrimination". Nature405.6787 (2000): 713-4. McElrath, Karen. "Gender, Career Disruption and Academic Rewards". Journal of Higher Education63.3 (1992): 269-81. Over, Ray, and Sandra Lancaster. "The Early Career Patterns of Men and Women in Australian Universities". The Australian Journal of Education28.3 (1984): 309-18. Over, Ray, and Beryl Mckenzie. "Career Prospects for Women in Australian Universities". Journal of Tertiary Educational Administration7.1 (1985): 61-71. Ready, Tinker. "West Coast US Recognizes Academic Gender Bias". Nature Medicine 7.1 (2000): 1. Scutt, Jocelyn. The Sexual Gerrymander.The Law Printer, 1994. Singh, Jasbir. "Women and Management in Higher Education: A Commonwealth Project." A.C.U. Bulletin of Current Documentation. 133 (1998): 2-8. Tuohy, John. "Sex Discrimination Infects Med Schools: Women Say Bias Blocks Chances for Advancement". USA Today2000. 8. Links http://www.unesco.org/ http://www.deet.gov.au/ http://www.hreoc.gov.au/sex_discrimination/ http://www.hreoc.gov.au/about_the_commission/legislation/index.html http://www.austlii.edu.au/cgibin/disp.pl/au/legis/cth/consol%5fact/aaeofwa 1986634/?query=title+%28+%22affirmative+action%22+%29 http://scaleplus.law.gov.au/html/pasteact/0/171/top.htm Citation reference for this article MLA Style Ellis-Newman, Jennifer. "Women and Work" M/C: A Journal of Media and Culture 4.5 (2001). [your date of access] < http://www.media-culture.org.au/0111/Ellis-Newman.xml >. Chicago Style Ellis-Newman, Jennifer, "Women and Work" M/C: A Journal of Media and Culture 4, no. 5 (2001), < http://www.media-culture.org.au/0111/Ellis-Newman.xml > ([your date of access]). APA Style Ellis-Newman, Jennifer. (2001) Women and Work. M/C: A Journal of Media and Culture 4(5). < http://www.media-culture.org.au/0111/Ellis-Newman.xml > ([your date of access]).

Problem setting. Changes in the socio-economic development of the country, caused by geopolitical, technological, economic and social factors, create new challenges for the competition policy of the state. The COVID-19 pandemic added to this list, significantly affecting the activities of the business environment, households, and the world economy in general. The development of an effective competition environment in commodity markets is a prerequisite for the restoration of stable economic growth on the basis of innovation and investment development.In this regard, there is a need to rethink the mechanism and set of instruments of competition policy on their adequacy to the current situation, their effectiveness and ability to ensure the achievement of goals and objectives. Nowadays, the emphasis of competition policy is changing, caused by changes in the competition environment and the objectives of economic policy in general. At the same time, the formation of competition policy should take place as a holistic system of influence by public authorities on the activities of economic entities and commodity markets in accordance with national goals and priorities of socio-economic development.Recent research and publications analysis. The works of Ukrainian and foreign scientists, including V. Lagutin, Z. Borysenko, A. Gerasimenko, G. Filyuk, K. Kantur, T. Shvydka, Y. Yasko, T. Shcherbakova, M. Porter, O. Kilievich and others.are devoted to the study of theoretical and applied principles of competition policy.Highlighting previously unsettled parts of the general problem. Despite significant developments in competition policy, there are still crucial problems to solve regarding the mechanism, tools and methods of competition policy, considering the socio-economic changes in society, changes of the emphasis in its implementation, given the existing problems, dynamics and structure of violations of competition law, the need for coordination of competition policy with the entire system of state regulation of the national economy and adaptation to competition practices in developed countries. Therefore, further research is needed to improve the state’s competition policy in the face of new challenges.The main purpose of the article is a theoretical study of competition policy, identification of the main problems in the implementation of competition policy on the basis of analysis of the Western Regional Territorial office of Antimonopoly Committee of Ukraine and formulation of recommendations for their elimination.Paper main body. Competition policy is one of the most important and complex forms of economic policy of the state. In its content, it is much broader than antitrust regulation, as it aims not only to limit and terminate monopolistic practices, anticompetitive agreements between economic entities and government actions, but also to develop and maintain effective economic competition, including through the application of competition law.Nowadays, the main focus of the state’s competition policy is to strengthen its preventive nature in order to promote fair competition, as well as to end the monopolistic behavior of both enterprises and public authorities.The most important principles of competition policy, which are mainly reflected in the current legislation and correspond to the best world practices are: improving the welfare of society; flexibility of competition policy; increasing the competitiveness of the national producer; promotion of entrepreneurial activity; creating opportunities for access to the benefits created by natural monopolies; coordination of the state’s competition policy with the priorities of economic policy and the goals of state regulation in general.Analysis of antitrust authorities showed that in the total number of violations of competition law the largest share are anticompetitive concerted actions of economic entities, violations in the form of anticompetitive actions by government, local authorities, bodies of administrative management and control, which significantly reduce the effectiveness of competition policy of the state at all levels.An actual problem in the implementation of state competition policy is to ensure equal conditions for all business entities, regardless of the type of ownership. This is due to the fact that most commodity markets in Ukraine are characterized by the presence of state-owned enterprises. Thus, according to the OECD and the World Bank (as of 2018), approximately 19 commodity markets in Ukraine have at least one state-owned enterprise; The number of utility companies is constantly increasing: at the beginning of 2021, 14,174 of them were registered in Ukraine, which is 22% more than in 2018.A reflection of the existing problems is the discrepancy between the amounts of fines imposed by the regulator for violating competition law and the amounts of fines actually paid. Thus, for the period of 2017-2020, the Western Regional Territorial office of Antimonopoly Committee of Ukraine imposed fines for violation of competition law in the amount of over UAH 95 million, and in fact UAH 11219543 was collected from violators, which is only 11.8%. The factors of this situation are: imperfection of legal norms and insufficient justification of penalties for business entities; low competitive culture of market participants, low responsibility of violators of competition law and “commitment” of government officials to some of them; lack of effective motives to prevent anticompetitive actions in economic activities, and lack of support and development of competition in commodity markets.Among all areas of state competition policy today, we consider the protection of competition and demonopolization of potentially competitive and monopolistic markets to be the main ones. In order to prevent collusion and counteract cartel agreements, it is necessary to establish effective interaction between the regulator and law enforcement agencies, expand the powers of the AMCU to inspect business entities, and introduce competitive conditions at all stages of public procurement. The control, transparency and targeting of state aid, as well as the cessation of discrimination in the actions of public authorities, are the key to ensuring the equality of economic entities, especially in the face of the challenges posed by the COVID-19 pandemic. Termination of unfair competition practices based on fair competition advocacy.Conclusions of the research and prospects for further studies. The main task of the state’s competition policy is to ensure the effectiveness of competitive relations in commodity markets, which leads to increased competitiveness of the domestic economy. All instruments and mechanisms of state competition policy should be used solely to develop effective competition in commodity markets. Competition policy, adapted to modern requirements and challenges, should encourage competition between producers, which will improve the quality of goods, services, the formation of economically reasonable prices and reduce them, and thus increase the level of satisfaction of society’s needs.The main instruments of competition policy should be preventive measures, strengthening the level of responsibility of economic entities for violations of competition law, as well as competition advocacy aimed at forming a competitive culture of market participants, the predominance of the principles of fair, transparent competition.

IntroductionIn the wine world, authenticity is not just desired, it is actively required. That demand comes from a complex of producers, distributors and consumers, and other interested parties. Consequently, the authenticity of wine is constantly created, reworked, presented, performed, argued over, contested and appreciated.At one level, such processes have clear economic elements. A wine deemed to be an authentic “expression” of something—the soil and micro-climate in which it was grown, the environment and culture of the region from which it hails, the genius of the wine-maker who nurtured and brought it into being, the quintessential characteristics of the grape variety it is made from—will likely make much more money than one deemed inauthentic. In wine, as in other spheres, perceived authenticity is a means to garner profits, both economic and symbolic (Beverland).At another level, wine animates a complicated intertwining of human tastes, aesthetics, pleasures and identities. Discussions as to the authenticity, or otherwise, of a wine often involve a search by the discussants for meaning and purpose in their lives (Grahm). To discover and appreciate a wine felt to “speak” profoundly of the place from whence it came possibly involves a sense of superiority over others: I drink “real” wine, while you drink mass-market trash (Bourdieu). It can also create reassuring senses of ontological security: in discovering an authentic wine, expressive of a certain aesthetic and locational purity (Zolberg and Cherbo), I have found a cherishable object which can be reliably traced to one particular place on Earth, therefore possessing integrity, honesty and virtue (Fine). Appreciation of wine’s authenticity licenses the self-perception that I am sophisticated and sensitive (Vannini and Williams). My judgement of the wine is also a judgement upon my own aesthetic capacities (Hennion).In wine drinking, and the production, distribution and marketing processes underpinning it, much is at stake as regards authenticity. The social system of the wine world requires the category of authenticity in order to keep operating. This paper examines how and why this has come to be so. It considers the crafting of authenticity in long-term historical perspective. Demand for authentic wine by drinkers goes back many centuries. Self-conscious performances of authenticity by producers is of more recent provenance, and was elaborated above all in France. French innovations then spread to other parts of Europe and the world. The paper reviews these developments, showing that wine authenticity is constituted by an elaborate complex of environmental, cultural, legal, political and commercial factors. The paper both draws upon the social science literature concerning the construction of authenticity and also points out its limitations as regards understanding wine authenticity.The History of AuthenticityIt is conventional in the social science literature (Peterson, Authenticity) to claim that authenticity as a folk category (Lu and Fine), and actors’ desires for authentic things, are wholly “modern,” being unknown in pre-modern contexts (Cohen). Consideration of wine shows that such a view is historically uninformed. Demands by consumers for ‘authentic’ wine, in the sense that it really came from the location it was sold as being from, can be found in the West well before the 19th century, having ancient roots (Wengrow). In ancient Rome, there was demand by elites for wine that was both really from the location it was billed as being from, and was verifiably of a certain vintage (Robertson and Inglis). More recently, demand has existed in Western Europe for “real” Tokaji (sweet wine from Hungary), Port and Bordeaux wines since at least the 17th century (Marks).Conventional social science (Peterson, Authenticity) is on solider ground when demonstrating how a great deal of social energies goes into constructing people’s perceptions—not just of consumers, but of wine producers and sellers too—that particular wines are somehow authentic expressions of the places where they were made. The creation of perceived authenticity by producers and sales-people has a long historical pedigree, beginning in early modernity.For example, in the 17th and 18th centuries, wine-makers in Bordeaux could not compete on price grounds with burgeoning Spanish, Portuguese and Italian production areas, so they began to compete with them on the grounds of perceived quality. Multiple small plots were reorganised into much bigger vineyards. The latter were now associated with a chateau in the neighbourhood, giving the wines connotations of aristocratic gravity and dignity (Ulin). Product-makers in other fields have used the assertion of long-standing family lineages as apparent guarantors of tradition and quality in production (Peterson, Authenticity). The early modern Bordelaise did the same, augmenting their wines’ value by calling upon aristocratic accoutrements like chateaux, coats-of-arms, alleged long-term family ownership of vineyards, and suchlike.Such early modern entrepreneurial efforts remain the foundations of the very high prestige and prices associated with elite wine-making in the region today, with Chinese companies and consumers particularly keen on the grand crus of the region. Globalization of the wine world today is strongly rooted in forms of authenticity performance invented several hundred years ago.Enter the StateAnother notable issue is the long-term role that governments and legislation have played, both in the construction and presentation of authenticity to publics, and in attempts to guarantee—through regulative measures and taxation systems—that what is sold really has come from where it purports to be from. The west European State has a long history of being concerned with the fraudulent selling of “fake” wines (Anderson, Norman, and Wittwer). Thus Cosimo III, Medici Grand Duke of Florence, was responsible for an edict of 1716 which drew up legal boundaries for Tuscan wine-producing regions, restricting the use of regional names like Chianti to wine that actually came from there (Duguid).These 18th century Tuscan regulations are the distant ancestors of quality-control rules centred upon the need to guarantee the authenticity of wines from particular geographical regions and sub-regions, which are today now ubiquitous, especially in the European Union (DeSoucey). But more direct progenitors of today’s Geographical Indicators (GIs)—enforced by the GATT international treaties—and Protected Designations of Origin (PDOs)—promulgated and monitored by the EU—are French in origin (Barham). The famous 1855 quality-level classification of Bordeaux vineyards and their wines was the first attempt in the world explicitly to proclaim that the quality of a wine was a direct consequence of its defined place of origin. This move significantly helped to create the later highly influential notion that place of origin is the essence of a wine’s authenticity. This innovation was initially wholly commercial, rather than governmental, being carried out by wine-brokers to promote Bordeaux wines at the Paris Exposition Universelle, but was later elaborated by State officials.In Champagne, another luxury wine-producing area, small-scale growers of grapes worried that national and international perceptions of their wine were becoming wholly determined by big brands such as Dom Perignon, which advertised the wine as a luxury product, but made no reference to the grapes, the soil, or the (supposedly) traditional methods of production used by growers (Guy). The latter turned to the idea of “locality,” which implied that the character of the wine was an essential expression of the Champagne region itself—something ignored in brand advertising—and that the soil itself was the marker of locality. The idea of “terroir”—referring to the alleged properties of soil and micro-climate, and their apparent expression in the grapes—was mobilised by one group, smaller growers, against another, the large commercial houses (Guy). The terroir notion was a means of constructing authenticity, and denouncing de-localised, homogenizing inauthenticity, a strategy favouring some types of actors over others. The relatively highly industrialized wine-making process was later represented for public consumption as being consonant with both tradition and nature.The interplay of commerce, government, law, and the presentation of authenticity, also appeared in Burgundy. In that region between WWI and WWII, the wine world was transformed by two new factors: the development of tourism and the rise of an ideology of “regionalism” (Laferté). The latter was invented circa WWI by metropolitan intellectuals who believed that each of the French regions possessed an intrinsic cultural “soul,” particularly expressed through its characteristic forms of food and drink. Previously despised peasant cuisine was reconstructed as culturally worthy and true expression of place. Small-scale artisanal wine production was no longer seen as an embarrassment, producing wines far more “rough” than those of Bordeaux and Champagne. Instead, such production was taken as ground and guarantor of authenticity (Laferté). Location, at regional, village and vineyard level, was taken as the primary quality indicator.For tourists lured to the French regions by the newly-established Guide Michelin, and for influential national and foreign journalists, an array of new promotional devices were created, such as gastronomic festivals and folkloric brotherhoods devoted to celebrations of particular foodstuffs and agricultural events like the wine-harvest (Laferté). The figure of the wine-grower was presented as an exemplary custodian of tradition, relatively free of modern capitalist exchange relations. These are the beginnings of an important facet of later wine companies’ promotional literatures worldwide—the “decoupling” of their supposed commitments to tradition, and their “passion” for wine-making beyond material interests, from everyday contexts of industrial production and profit-motives (Beverland). Yet the work of making the wine-maker and their wines authentically “of the soil” was originally stimulated in response to international wine markets and the tourist industry (Laferté).Against this background, in 1935 the French government enacted legislation which created theInstitut National des Appellations d’Origine (INAO) and its Appelation d’Origine Controlle (AOC) system (Barham). Its goal was, and is, to protect what it defines as terroir, encompassing both natural and human elements. This legislation went well beyond previous laws, as it did more than indicate that wine must be honestly labelled as deriving from a given place of origin, for it included guarantees of authenticity too. An authentic wine was defined as one which truly “expresses” the terroir from which it comes, where terroir means both soil and micro-climate (nature) and wine-making techniques “traditionally” associated with that area. Thus French law came to enshrine a relatively recently invented cultural assumption: that places create distinctive tastes, the value of this state of affairs requiring strong State protection. Terroir must be protected from the untrammelled free market. Land and wine, symbiotically connected, are de-commodified (Kopytoff). Wine is embedded in land; land is embedded in what is regarded as regional culture; the latter is embedded in national history (Polanyi).But in line with the fact that the cultural underpinnings of the INAO/AOC system were strongly commercially oriented, at a more subterranean level the de-commodified product also has economic value added to it. A wine worthy of AOC protection must, it is assumed, be special relative to wines un-deserving of that classification. The wine is taken out of the market, attributed special status, and released, economically enhanced, back onto the market. Consequently, State-guaranteed forms of authenticity embody ambivalent but ultimately efficacious economic processes. Wine pioneered this Janus-faced situation, the AOC system in the 1990s being generalized to all types of agricultural product in France. A huge bureaucratic apparatus underpins and makes possible the AOC system. For a region and product to gain AOC protection, much energy is expended by collectives of producers and other interested parties like regional development and tourism officials. The French State employs a wide range of expert—oenological, anthropological, climatological, etc.—who police the AOC classificatory mechanisms (Barham).Terroirisation ProcessesFrench forms of legal classification, and the broader cultural classifications which underpin them and generated them, very much influenced the EU’s PDO system. The latter uses a language of authenticity rooted in place first developed in France (DeSoucey). The French model has been generalized, both from wine to other foodstuffs, and around many parts of Europe and the world. An Old World idea has spread to the New World—paradoxically so, because it was the perceived threat posed by the ‘placeless’ wines and decontextualized grapes of the New World which stimulated much of the European legislative measures to protect terroir (Marks).Paxson shows how artisanal cheese-makers in the US, appropriate the idea of terroir to represent places of production, and by extension the cheeses made there, that have no prior history of being constructed as terroir areas. Here terroir is invented at the same time as it is naturalised, made to seem as if it simply points to how physical place is directly expressed in a manufactured product. By defining wine or cheese as a natural product, claims to authenticity are themselves naturalised (Ulin). Successful terroirisation brings commercial benefits for those who engage in it, creating brand distinctiveness (no-one else can claim their product expresses that particularlocation), a value-enhancing aura around the product which, and promotion of food tourism (Murray and Overton).Terroirisation can also render producers into virtuous custodians of the land who are opposed to the depredations of the industrial food and agriculture systems, the categories associated with terroir classifying the world through a binary opposition: traditional, small-scale production on the virtuous side, and large-scale, “modern” harvesting methods on the other. Such a situation has prompted large-scale, industrial wine-makers to adopt marketing imagery that implies the “place-based” nature of their offerings, even when the grapes can come from radically different areas within a region or from other regions (Smith Maguire). Like smaller producers, large companies also decouple the advertised imagery of terroir from the mundane realities of industry and profit-margins (Beverland).The global transportability of the terroir concept—ironic, given the rhetorical stress on the uniqueness of place—depends on its flexibility and ambiguity. In the French context before WWII, the phrase referred specifically to soil and micro-climate of vineyards. Slowly it started mean to a markedly wider symbolic complex involving persons and personalities, techniques and knowhow, traditions, community, and expressions of local and regional heritage (Smith Maguire). Over the course of the 20th century, terroir became an ever broader concept “encompassing the physical characteristics of the land (its soil, climate, topography) and its human dimensions (culture, history, technology)” (Overton 753). It is thought to be both natural and cultural, both physical and human, the potentially contradictory ramifications of such understanding necessitating subtle distinctions to ward off confusion or paradox. Thus human intervention on the land and the vines is often represented as simply “letting the grapes speak for themselves” and “allowing the land to express itself,” as if the wine-maker were midwife rather than fabricator. Terroir talk operates with an awkward verbal balancing act: wine-makers’ “signature” styles are expressions of their cultural authenticity (e.g. using what are claimed as ‘traditional’ methods), yet their stylistic capacities do not interfere with the soil and micro-climate’s natural tendencies (i.e. the terroir’sphysical authenticity).The wine-making process is a case par excellence of a network of humans and objects, or human and non-human actants (Latour). The concept of terroir today both acknowledges that fact, but occludes it at the same time. It glosses over the highly problematic nature of what is “real,” “true,” “natural.” The roles of human agents and technologies are sequestered, ignoring the inevitably changing nature of knowledges and technologies over time, recognition of which jeopardises claims about an unchanging physical, social and technical order. Harvesting by machine production is representationally disavowed, yet often pragmatically embraced. The role of “foreign” experts acting as advisors —so-called “flying wine-makers,” often from New World production cultures —has to be treated gingerly or covered up. Because of the effects of climate change on micro-climates and growing conditions, the taste of wines from a particular terroir changes over time, but the terroir imaginary cannot recognise that, being based on projections of timelessness (Brabazon).The authenticity referred to, and constructed, by terroir imagery must constantly be performed to diverse audiences, convincing them that time stands still in the terroir. If consumers are to continue perceiving authenticity in a wine or winery, then a wide range of cultural intermediaries—critics, journalists and other self-proclaiming experts must continue telling convincing stories about provenance. Effective authenticity story-telling rests on the perceived sincerity and knowledgeability of the teller. Such tales stress romantic imagery and colourful, highly personalised accounts of the quirks of particular wine-makers, omitting mundane details of production and commercial activities (Smith Maguire). Such intermediaries must seek to interest their audience in undiscovered regions and “quirky” styles, demonstrating their insider knowledge. But once such regions and styles start to become more well-known, their rarity value is lost, and intermediaries must find ever newer forms of authenticity, which in turn will lose their burnished aura when they become objects of mundane consumption. An endless cycle of discovering and undermining authenticity is constantly enacted.ConclusionAuthenticity is a category held by different sorts of actors in the wine world, and is the means by which that world is held together. This situation has developed over a long time-frame and is now globalized. Yet I will end this paper on a volte face. Authenticity in the wine world can never be regarded as wholly and simply a social construction. One cannot directly import into the analysis of that world assumptions—about the wholly socially constructed nature of phenomena—which social scientific studies of other domains, most notably culture industries, work with (Peterson, Authenticity). Ways of thinking which are indeed useful for understanding the construction of authenticity in some specific contexts, cannot just be applied in simplistic manners to the wine world. When they are applied in direct and unsophisticated ways, such an operation misses the specificities and particularities of wine-making processes. These are always simultaneously “social” and “natural”, involving multiple forms of complex intertwining of human actions, environmental and climatological conditions, and the characteristics of the vines themselves—a situation markedly beyond beyond any straightforward notion of “social construction.”The wine world has many socially constructed objects. But wine is not just like any other product. Its authenticity cannot be fabricated in the manner of, say, country music (Peterson, Country). Wine is never in itself only a social construction, nor is its authenticity, because the taste, texture and chemical elements of wine derive from complex human interactions with the physical environment. Wine is partly about packaging, branding and advertising—phenomena standard social science accounts of authenticity focus on—but its organic properties are irreducible to those factors. Terroir is an invention, a label put on to certain things, meaning they are perceived to be authentic. But the things that label refers to—ranging from the slope of a vineyard and the play of sunshine on it, to how grapes grow and when they are picked—are entwined with human semiotics but not completely created by them. A truly comprehensive account of wine authenticity remains to be written.ReferencesAnderson, Kym, David Norman, and Glyn Wittwer. “Globalization and the World’s Wine Markets: Overview.” Discussion Paper No. 0143, Centre for International Economic Studies. Adelaide: U of Adelaide, 2001.Barham, Elizabeth. “Translating Terroir: The Global Challenge of French AOC Labelling.” Journal of Rural Studies 19 (2003): 127–38.Beverland, Michael B. “Crafting Brand Authenticity: The Case of Luxury Wines.” Journal of Management Studies 42.5 (2005): 1003–29.Bourdieu, Pierre. Distinction: A Social Critique of the Judgement of Taste. London: Routledge, 1992.Brabazon, Tara. “Colonial Control or Terroir Tourism? The Case of Houghton’s White Burgundy.” Human Geographies 8.2 (2014): 17–33.Cohen, Erik. “Authenticity and Commoditization in Tourism.” Annals of Tourism Research 15.3 (1988): 371–86.DeSoucey, Michaela. “Gastronationalism: Food Traditions and Authenticity Politics in the European Union.” American Sociological Review 75.3 (2010): 432–55.Duguid, Paul. “Developing the Brand: The Case of Alcohol, 1800–1880.” Enterprise and Society 4.3 (2003): 405–41.Fine, Gary A. “Crafting Authenticity: The Validation of Identity in Self-Taught Art.” Theory and Society 32.2 (2003): 153–80.Grahm, Randall. “The Soul of Wine: Digging for Meaning.” Wine and Philosophy: A Symposium on Thinking and Drinking. Ed. Fritz Allhoff. Oxford: Blackwell, 2008. 219–24.Guy, Kolleen M. When Champagne Became French: Wine and the Making of a National Identity. Baltimore: Johns Hopkins UP, 2003.Hennion, Antoine. “The Things That Bind Us Together.”Cultural Sociology 1.1 (2007): 65–85.Kopytoff, Igor. “The Cultural Biography of Things: Commoditization as a Process." The Social Life of Things: Commodities in Cultural Perspective. Ed. Arjun Appadurai. Cambridge: Cambridge UP, 1986. 64–91.Laferté, Gilles. “End or Invention of Terroirs? Regionalism in the Marketing of French Luxury Goods: The Example of Burgundy Wines in the Inter-War Years.” Working Paper, Centre d’Economie et Sociologie Appliquées a l’Agriculture et aux Espaces Ruraux, Dijon.Latour, Bruno. We Have Never Been Modern. Harvard: Harvard UP, 1993.Lu, Shun and Gary A. Fine. “The Presentation of Ethnic Authenticity: Chinese Food as a Social Accomplishment.” The Sociological Quarterly 36.3 (1995): 535–53.Marks, Denton. “Competitiveness and the Market for Central and Eastern European Wines: A Cultural Good in the Global Wine Market.” Journal of Wine Research 22.3 (2011): 245–63.Murray, Warwick E. and John Overton. “Defining Regions: The Making of Places in the New Zealand Wine Industry.” Australian Geographer 42.4 (2011): 419–33.Overton, John. “The Consumption of Space: Land, Capital and Place in the New Zealand Wine Industry.” Geoforum 41.5 (2010): 752–62.Paxson, Heather. “Locating Value in Artisan Cheese: Reverse Engineering Terroir for New-World Landscapes.” American Anthropologist 112.3 (2010): 444–57.Peterson, Richard A. Creating Country Music: Fabricating Authenticity. Chicago: U of Chicago P, 2000.———. “In Search of Authenticity.” Journal of Management Studies 42.5 (2005): 1083–98.Polanyi, Karl. The Great Transformation. Boston: Beacon Press, 1957.Robertson, Roland, and David Inglis. “The Global Animus: In the Tracks of World Consciousness.” Globalizations 1.1 (2006): 72–92.Smith Maguire, Jennifer. “Provenance and the Liminality of Production and Consumption: The Case of Wine Promoters.” Marketing Theory 10.3 (2010): 269–82.Trubek, Amy. The Taste of Place: A Cultural Journey into Terroir. Los Angeles: U of California P, 2008.Ulin, Robert C. “Invention and Representation as Cultural Capital.” American Anthropologist 97.3 (1995): 519–27.Vannini, Phillip, and Patrick J. Williams. Authenticity in Culture, Self and Society. Farnham: Ashgate, 2009.Wengrow, David. “Prehistories of Commodity Branding.” Current Anthropology 49.1 (2008): 7–34.Zolberg, Vera and Joni Maya Cherbo. Outsider Art: Contesting Boundaries in Contemporary Culture. Cambridge: Cambridge UP, 1997.

Introduction: Cities as Open-Ended Place-Making Events The shaping and development of cities can be understood as a “place-making” process. Through the assemblage of diverse human and non-human elements—including various social and natural elements—abstract space gains meaning and is transformed into the more concrete form of place (Jaffe and Koning). Indeed, people, nature, arts, and architecture can all contribute to constituting a city, and depending on how these elements engage with each other, each city can be shaped differently, which makes cities “inherently dynamic and heterogeneous” (Jaffe and Koning 24). Furthermore, as these various elements and their meanings can accumulate, be changed, or even diminish over time, place boundaries can also be constantly renegotiated or rebuilt. In other words, place can be characterised as its “throwntogetherness” (Massey 283), which represents temporal and spatial shifts accumulated and woven together in a place, and place-making can be understood as an open-ended event that involves various acts of “territorial meaning-making” (Jaffe and Koning 23). In line with this understanding of place-making as a dynamic, ongoing process, by investigating changes in the ways that local communities engage with cultural heritage, the study reported here explores how cultural heritage can contribute to the development of a city. Among many other meaning-making elements that may constitute a city, a cultural heritage itself may represent or enfold the dynamics and heterogeneity of a place. The United Nations Educational, Scientific, and Cultural Organisation (UNESCO) defines heritage as “our legacy from the past, what we live with today, and what we pass on to future generations. Our cultural and natural heritage are both irreplaceable sources of life and inspiration” (UNESCO). This definition suggests that heritage embodies history imbued with value and meaning for today and for the future. Cultural heritage may mobilise or recollect emotions, memories, and experiences, which may generate new cultures and values (Chung and Lee). Cultural heritage is not only a primary means of creating and nurturing a collective identity (Graham, Ashworth, and Tunbridge). It can also be refashioned and commodified as a marketable and consumable product. In other words, cultural heritage may contribute to the shaping of regional identities and the development of cultural products that may affect local communities socially and economically. Against this backdrop, this article examines how, as a constitutive element of a city, cultural heritage can add different kinds of values and meanings in accordance with the ways that the local communities perceive and engage with cultural heritage. To this end, this research presents a case study of the South Korean city of Andong, recognised as a cultural city with abundant tangible and intangible cultural heritages. Specifically, by adopting a qualitative approach that combines archival research, fieldwork, and observation, we trace Andong’s regional history and the changes in its cultural policies from the 1950s to the 2000s. We discuss Andong’s regional development with regard to using and refashioning cultural heritage. In so doing, we argue that conserving cultural heritage and facilitating heritage tourism—agendas seemingly in competition with each other—can complement sustainable regional development. We suggest that reconceptualising cities by drawing on the convergence of virtual and actual spaces, which involves the digitisation of cultural heritage, may open up new possibilities for extending the value and meaning of cultural heritage, as well as reconciling competing agendas and achieving sustainable regional development. Andong, the Capital of Korean Spirit Korea and other East Asian countries have accumulated heritages from regional folk culture, Buddhism, and Confucianism. Andong has abundance of both tangible and intangible heritages related to Korean folk culture, Buddhism, and Confucianism, some of which are listed as UNESCO World Heritage Sites (e.g. the Hahoe Folk Village, the Bongjeongsa Buddhist temple, and the Dosanseowon and Byeongsanseowon Confucian academies). Even though Andong is not in a metropolitan area and has a small population compared to many other Korean cities, its abundant and diverse heritage has made it a recognised cultural city. As of 2021, the number of cultural assets designated in Andong, according to the Korean Cultural Heritage Protection Act, is 333. This number is the second largest in the country, after Gyeongju, the capital of the Silla Kingdom (57 BC–935 AD). Andong is the origin of a traditional Korean folk religion called “Seongjusinang”. Practitioners of this religion worship household spirits who protect a house. Andong has also inherited various folk games and performances, such as Chajeonnori (fig. 1) and Notdaribalgi (fig. 2). In addition, Buseoksa, a Buddhist temple located in Yeongju in the greater Andong area, led the development of Buddhist culture during the Three Kingdoms period (57 BC–668 AD) and the Goryeo period (918–1392). During the Joseon Dynasty, Confucianism also flourished through the initiative of Toegye Yi Hwang and Seoae Ryu Seong-ryong, both of whom were well-recognised Korean Confucian scholars. In fact, Andong has a particularly solid Confucian tradition with its twenty-six private Confucian educational institutions, called “Seowon” (fig. 3), and other villages and buildings representing Confucian philosophy, rituals, and customs. Fig. 1: Chajeonnori: a folk game involving team battles. Fig. 2: Notdaribalgi: a female folk performance that involves making a human bridge. Fig. 3: Dosanseowon Confucian Academy (listed as a UNESCO World Heritage Site in 2019). Preserving these diverse cultural artefacts and traditions is one of the main reasons that Andong claims to be the capital of Korean moral and spiritual culture (Steinmetz; K.I. Lee). Andong has been using and spreading the slogan “The Capital of Korean Spirit” since 2003, when former mayor Kim Hwi Dong started using the slogan for the first time to shape and develop the city's identity to share Andong's spiritual culture. The slogan officially became a registered brand at the Korean Intellectual Property Office in 2006. Cultural Heritage and Authenticity As briefly outlined in the previous section, Andong has diverse tangible and intangible heritages, and they are at the heart of the city’s identity. In contrast to other elements that constitute a city, cultural heritage is often regarded as an object of protection and preservation. Indeed, a cultural heritage has a fundamental, inherent value, as it manifests history, which may significantly influence how people form individual and collective identities and consolidate a sense of community. Therefore, preservation and restoration have often served as the primary approaches to cultural heritage. Particularly in the Korean context—as discussed in detail in the next section—conservation used to be prioritised in heritage management. However, in more recent times, cultural heritage has been recognised as an asset or resource for urban development; accordingly, many cities, including Andong, have become increasingly interested in heritage tourism as a means of promoting their city’s brand and boosting the local economy. The emergence of the concept of “existential authenticity” may be relevant to the paradigm shift in approaches to cultural heritage. In fact, “authenticity” is an elusive concept that can be interpreted in different ways. In the field of tourism, it conventionally has been considered related to toured objects. For example, “objective authenticity”, which is characterised as identifiable and measurable, is gauged in terms of whether a toured object is genuine or fake (Wang). Another type of object-related authenticity is “constructive authenticity”, which denotes authenticity as a negotiable quality constructed by perspectives, beliefs, expectations, or ideologies, rather than an inherent property (Wang; see also Boonzaaier and Wels). From this perspective, origins or traditions can be understood as a projection of images, preferences, or expectations; thus, copies or reproductions may also be considered authentic. Even though these two approaches are significantly different, both notions are oriented to “experiences of the authentic” (Moore et al.). By contrast, “existential authenticity” involves tourists’ experiences, that is, “personal or intersubjective feelings activated by the liminal process of tourist activities”, whereby people feel “more authentic and more freely self-expressed than in everyday life” (Wang 351–352). In other words, conservation may not be the only method for protecting cultural heritage and preserving its authenticity. Rather, heritage tourism, which provides tourists with authentic experiences, can be a way of adding new meanings and values to cultural heritage. This also suggests that not only cultural heritage as authentic objects, but also experiences of cultural heritage, can contribute to the territorial meaning-making process and constitute a city. In line with this understanding of different types of authenticity, the next section examines how Andong’s approaches to cultural heritage have changed over time. The Evolution of Cultural Policies: The Conservation of Cultural Heritage vs. Regional Development The development of Korean cultural policies needs to be understood in relation to the idiosyncrasy of Korean historical and societal contexts. After the Japanese colonial rule (1910–1945) and the Korean War (1950–1953), one of the primary concerns of the Korean government was to reconstruct the country and restore national pride by building and developing a Korean cultural identity. Against this background, Korean cultural policies until the 1980s were mainly oriented towards repairing, restoring, and preserving traditional culture rather than fostering tourism and leisure to pursue a nationalistic agenda (H.S. Kim; Min). In this regard, it is worth noting that the first Korean Folk Art Festival, as part of the national policy, was hosted to celebrate the tenth anniversary of the establishment of the Korean government in 1958, when Korea was still going through the aftermath of the Korean War, which ended up with the destruction of cultural and natural heritage in Korea. The festival was a kind of competition where regions presented their representative intangible cultural heritages, particularly folk performances. The Gyeongsangbuk-do province, led by Andong, participated in this competition by restoring Hahoebyeolsinguttallori (mask dance play originating from Hahoe Village [fig. 4], hereafter Hahoe Mask Dance [fig. 5]) and Notdaribalgi (female folk play [fig. 2]) with the support of Andong City, and the province won the presidential prize. Fig. 4: Hahoe Village: the origin of the Hahoe Mask Dance. Fig. 5: Performers in the Hahoe Mask Dance. Initially, the Korean Folk Art Festival was planned as a one-off kind of event. However, it became a recurring annual event to propagate and promote the national culture with governmental support under the Park Jung Hee regime (1963–1979) that pursued a nationalistic agenda (H.S. Kim). Afterwards, this event was developed in complementary relations with the Cultural Properties Protection Law established in 1962 as part of the legislation of heritage management and other regional folk festivals, which provided regional governments and local communities with a motivation for the discovery and restoration of cultural heritage. Traditional cultural heritages dispersed in many regions started to be discovered and restored with the massive administrative support of regional governments to take part in the Korean Folk Art Festival. Once a cultural heritage presented at the festival was awarded, the heritage was customarily designated as a national cultural property by the Cultural Properties Protection Law. This designation helps cultural heritage gain social authority and receive public attention (H.-D. Yoo). Furthermore, a heritage designated as a national cultural property was required to be reintroduced to the public, often through local events such as regional folk festivals, which reinforced local communities’ pride in their regional culture. In this scenario, Andong actively participated in the Korean Folk Art Festival. Indeed, a number of cultural performances have been officially designated as national and regional intangible cultural properties, including the Hahoe Mask Dance mentioned above, which have become representative of Andong’s regional culture, offering a foundation for its development as a cultural city. Cultural policies, however, were still limited to preservation and restoration pursuing objective authenticity until the 1980s. It appeared to lack an awareness that cultural heritage could be used for the regeneration or development of cities in the 1980s (Kim and Kim). The conservation of cultural heritage and regional development have often been regarded as competing agendas, because cultural heritage is normally considered to be different from other tourism resources. Indeed, authenticity is a fundamental value sought in cultural heritage. Therefore, preservation and restoration often used to be primary approaches to cultural heritage. However, as discussed in the previous section, authenticity is not merely a binary concept that differentiates between the real and the fake in terms of the accurate representation of the past, but it can be a generative value that can be constituted or negotiated based on various perspectives, beliefs, and experiences (see Wang; K.-H. Kim; Waitt). Furthermore, the commodification of cultural heritage does not necessarily violate the intrinsic meaning and authenticity of heritage; rather, it may produce new meanings and values (Cohen). In this context, it is worth noting that the first Andong Mask Dance Festival hosted in 1997 paved the way for the development of tourism resources using cultural heritage in Andong and the globalisation of its regional culture. In fact, in the mid-1990s, Korea was going through interesting political events that significantly affected its culture and society. “Globalisation” was declared a national vision by former president Kim Young-sam in 1995, and the local self-governance of municipalities was reimplemented in the same year. In other words, Korean cultural policies were oriented towards “globalisation” and “localisation” during this period (see also Park). Against this background, Andong organised and hosted an international festival for the first time ever in 1997—the Andong Mask Dance Festival—by refashioning a traditional mask dance—the Hahoe Mask Dance. The Hahoe Mask Dance was a festive drama performance in Hahoe Village, but its inheritance was interrupted during the Japanese colonial period. Afterwards, as mentioned earlier, it was restored after the establishment of the Korean government and designated as a national cultural property. It then became the main theme of an annual festival, which attracts one million tourists to the city every year. In other words, the Hahoe Mask Dance is not only one of the most representative, well-known cultural heritages of Andong, but it also has an emblematic significance in the sense that it embodies the history of Andong’s cultural development. In particular, the Andong Mask Dance Festival immensely contributed to enhancing the awareness of cultural heritage as a tourism resource that may foster cultural economy in the local community and influenced the paradigm shift of approaches to cultural heritage from traditional artefacts or customs to be preserved to tourism resources. Most of the cultural events that took place in Andong after the first Andong Mask Dance Festival aimed to boost tourism. Indeed, the Andong Mask Dance Festival brought about important changes to Andong’s cultural development in the 2000s. Festivals that refashioned cultural heritage and tourists’ experiences began to be important elements of Andong’s character as a city. In accordance with the emergence of tourism as a means for cultural development, Andong experienced another remarkable change in its cultural development during the 2000s: increased interest in tangible cultural heritage as a local resource for tourism and place marketing. From the establishment of the Cultural Properties Protection Law until the 2000s, the preservation and utilisation of cultural heritage in Andong was primarily focussed on intangible cultural properties. This was mainly because the legal ownership of cultural heritage was clearly stated in the law, and thus Andong was able to manage architectural conservation without many challenges; thus, tangible cultural heritage tended to be relatively neglected in favour of the preservation and management of intangible cultural properties. However, in 2000, the Korean national government invested 470 billion KRW (approximately US$382 million) into the restoration and renovation of cultural heritage sites in eleven regions, including Andong. Even though this project did not produce immediate, significant touristic effects, many architectural heritage sites and traditional villages in Andong were renovated as part of the project. This provided the local community with an opportunity to see how tangible cultural heritage could act as an asset for place marketing and tourism. Furthermore, there was another event that motivated the use of architectural heritage to promote tourism in the early 2000s: the Tourism Promotion Act, which permits the use of architectural heritages for the purpose of accommodating commercial businesses, led to the addition of “Traditional Korean housing experiencing business” in the list of tourism business categories. This change also accelerated the utilisation of tangible cultural heritage as a tourism resource. In this context, place marketing combining tangible and intangible cultural assets has increased since the 2000s. In fact, before the 2000s, many cultural events lacked a coherent link between tangible and intangible cultural properties. For example, even though the Hahoe Mask Dance originated in Hahoe Village, the dance performance was often performed as an independent event outside Hahoe Village. However, since tangible cultural heritage—particularly architectural heritage—emerged as a local tourism resource, Andong has been developing cultural and artistic events relevant to heritage sites and the interesting narratives and storytelling that connect various heritages and make tourists develop emotional attachments to Andong and its cultural heritage (see D.Y. Lee). This shows that Andong’s approaches to cultural heritage began to seek the existential authenticity in tourism that may provide tourists with meaningful experiences. Future Directions: Redefining the City As has already been discussed, not only cultural heritage itself, but also national and regional policies, perspectives, experiences, meanings, and values have all contributed to making Andong a recognised cultural city. Notably, Andong’s development can be summarised as the adoption of diverse approaches to cultural heritage along with changes in social agendas and cultural policies. Even though the conservation of cultural heritage and regional development have at times been regarded as competing interests, for Andong—a city that has a large number of tangible heritages that come with enormous costs related to preservation and maintenance—the commodification of cultural heritage might be unavoidable. Indeed, the conservation of its heritage as well as regional development through the use of its heritage as a tourism resource are the two goals that Andong should achieve to ensure that it experiences sustainable future development. Doing so would allow it to fulfil the local community’s need and desire to take pride in its identity as a cultural city and boost its cultural economy. In this regard, we suggest that digitising cultural heritage and incorporating virtual spaces (e.g. the metaverse) into actual places may offer new possibilities for reconciling the conservation of cultural heritage with the need for regional development by allowing us to preserve and manage cultural heritage efficiently while enriching our cultural experience and enabling us to experience various kinds of authenticity. In the first place, digitisation represents an alternative way to preserve and maintain cultural heritage. Digital technologies can accurately scan and measure cultural heritages and readily reproduce a perfect replica of those cultural heritages, whether actual or virtual, which can serve to protect genuine cultural heritages from unwanted or inevitable damage. Once the data on a cultural artefact have been digitised, it is theoretically possible to preserve the digitised heritage forever without deterioration (Koshizuka and Sakamura; D. Hwan Yoo). Moreover, even though digitised artefacts are not objectively authentic, replicas and reproductions created from them may provide tourists with authentic, meaningful experiences in a constructive or existential sense. Furthermore, virtual space may offer a site in which past and present cultures can freely encounter and resonate with each other by facilitating the deterritorialisation and reterritorialisation of people and heritage, which may also lead us to an immersive and creative cultural experience. Indeed, various technologies—such as 3D animation, virtual reality, augmented reality, stereoscopic presentation, and 4K ultra high-definition immersive presentation—can create diverse kinds of virtual environment in which tourists can enjoy immersive interactivity and realistically experience heritage objects (Park, Muhammad, and Ahn). Indeed, as illustrated in a case study (D. Hwan Yoo), the digital restoration of Andong’s historical sites (i.e. using digital data collection and archiving as well as 2D and 3D modelling technologies, which reproduce landscapes and architecture in a virtual environment for museum content) may provide a novel cultural experience that fosters existential authenticity across actual and virtual spaces. To sum up, territorial meaning-making may involve the mobilisation of memories, experiences, and imaginations that are attached not only to actual heritage at actual heritage sites, but also to digitised heritage in virtual spaces, and the place that emerges from such a meaning-making process may be the contemporary city we live in. Acknowledgments This work was supported by the School of Languages and Cultures, University of Queensland, under the 2021 ECR Research Support Scheme, and the Ministry of Education of the Republic of Korea and the National Research Foundation of Korea (NRF-2021S1A6A3A01097826). Sources The figures used in this article are public works by the Cultural Heritage Administration of the Republic of Korea (https://www.heritage.go.kr), and the figures are used according to the Korea Open Government Licence. The data sources are as follows: 1: Chajeonnori — https://bit.ly/3Mn1Q9X 2: Notdaribalgi — https://bit.ly/3uVsn8k 3: Dosanseowon — https://bit.ly/3JUAplX 4: The Hahoe Village — https://bit.ly/3rzTlQz 5: The Hahoe Mask Dance — https://bit.ly/3uXg2jR References Boonzaaier, Chris, and Harry Wels. “Authenticity Lost? The Significance of Cultural Villages in the Conservation of Heritage in South Africa.” Journal of Heritage Tourism 13.2 (2018): 181–193. Chung, Hokyung, and Jongoh Lee. “A Study on Cultural Urban Regeneration Using Modern Industrial Resources: Focusing on the Site-Specific Cultural Places of Gunsan, South Korea.” Land 10.11 (2021): 1184. Cohen, Erik. “Authenticity and Commoditization in Tourism.” Annals of Tourism Research 15 (1988): 371–386. 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A common criticism of the rhythm video games genre — including series like Guitar Hero and Rock Band, is that playing musical simulation games is a waste of time when you could be playing an actual guitar and learning a real skill. A more serious criticism of games cultures draws attention to the degree of e-waste they produce. E-waste or electronic waste includes mobiles phones, computers, televisions and other electronic devices, containing toxic chemicals and metals whose landfill, recycling and salvaging all produce distinct environmental and social problems. The e-waste produced by games like Guitar Hero is obvious in the regular flow of merchandise transforming computer and video games stores into simulation music stores, filled with replica guitars, drum kits, microphones and other products whose half-lives are short and whose obsolescence is anticipated in the annual cycles of consumption and disposal. This paper explores the connection between e-waste and obsolescence in the games industry, and argues for the further consideration of consumers as part of the solution to the problem of e-waste. It uses a case study of the PC digital distribution software platform, Steam, to suggest that the digital distribution of games may offer an alternative model to market driven software and hardware obsolescence, and more generally, that such software platforms might be a place to support cultures of consumption that delay rather than promote hardware obsolescence and its inevitability as e-waste. The question is whether there exists a potential for digital distribution to be a means of not only eliminating the need to physically transport commodities (its current 'green' benefit), but also for supporting consumer practices that further reduce e-waste. The games industry relies on a rapid production and innovation cycle, one that actively enforces hardware obsolescence. Current video game consoles, including the PlayStation 3, the Xbox 360 and Nintendo Wii, are the seventh generation of home gaming consoles to appear within forty years, and each generation is accompanied by an immense international transportation of games hardware, software (in various storage formats) and peripherals. Obsolescence also occurs at the software or content level and is significant because the games industry as a creative industry is dependent on the extensive management of multiple intellectual properties. The computing and video games software industry operates a close partnership with the hardware industry, and as such, software obsolescence directly contributes to hardware obsolescence. The obsolescence of content and the redundancy of the methods of policing its scarcity in the marketplace has been accelerated and altered by the processes of disintermediation with a range of outcomes (Flew). The music industry is perhaps the most advanced in terms of disintermediation with digital distribution at the center of the conflict between the legitimate and unauthorised access to intellectual property. This points to one issue with the hypothesis that digital distribution can lead to a reduction in hardware obsolescence, as the marketplace leader and key online distributor of music, Apple, is also the major producer of new media technologies and devices that are the paragon of stylistic obsolescence. Stylistic obsolescence, in which fashion changes products across seasons of consumption, has long been observed as the dominant form of scaled industrial innovation (Slade). Stylistic obsolescence is differentiated from mechanical or technological obsolescence as the deliberate supersedence of products by more advanced designs, better production techniques and other minor innovations. The line between the stylistic and technological obsolescence is not always clear, especially as reduced durability has become a powerful market strategy (Fitzpatrick). This occurs where the design of technologies is subsumed within the discourses of manufacturing, consumption and the logic of planned obsolescence in which the product or parts are intended to fail, degrade or under perform over time. It is especially the case with signature new media technologies such as laptop computers, mobile phones and portable games devices. Gamers are as guilty as other consumer groups in contributing to e-waste as participants in the industry's cycles of planned obsolescence, but some of them complicate discussions over the future of obsolescence and e-waste. Many gamers actively work to forestall the obsolescence of their games: they invest time in the play of older games (“retrogaming”) they donate labor and creative energy to the production of user-generated content as a means of sustaining involvement in gaming communities; and they produce entirely new game experiences for other users, based on existing software and hardware modifications known as 'mods'. With Guitar Hero and other 'rhythm' games it would be easy to argue that the hardware components of this genre have only one future: as waste. Alternatively, we could consider the actual lifespan of these objects (including their impact as e-waste) and the roles they play in the performances and practices of communities of gamers. For example, the Elmo Guitar Hero controller mod, the Tesla coil Guitar Hero controller interface, the Rock Band Speak n' Spellbinder mashup, the multiple and almost sacrilegious Fender guitar hero mods, the Guitar Hero Portable Turntable Mod and MAKE magazine's Trumpet Hero all indicate a significant diversity of user innovation, community formation and individual investment in the post-retail life of computer and video game hardware. Obsolescence is not just a problem for the games industry but for the computing and electronics industries more broadly as direct contributors to the social and environmental cost of electrical waste and obsolete electrical equipment. Planned obsolescence has long been the experience of gamers and computer users, as the basis of a utopian mythology of upgrades (Dovey and Kennedy). For PC users the upgrade pathway is traversed by the consumption of further hardware and software post initial purchase in a cycle of endless consumption, acquisition and waste (as older parts are replaced and eventually discarded). The accumulation and disposal of these cultural artefacts does not devalue or accrue in space or time at the same rate (Straw) and many users will persist for years, gradually upgrading and delaying obsolescence and even perpetuate the circulation of older cultural commodities. Flea markets and secondhand fairs are popular sites for the purchase of new, recent, old, and recycled computer hardware, and peripherals. Such practices and parallel markets support the strategies of 'making do' described by De Certeau, but they also continue the cycle of upgrade and obsolescence, and they are still consumed as part of the promise of the 'new', and the desire of a purchase that will finally 'fix' the users' computer in a state of completion (29). The planned obsolescence of new media technologies is common, but its success is mixed; for example, support for Microsoft's operating system Windows XP was officially withdrawn in April 2009 (Robinson), but due to the popularity in low cost PC 'netbooks' outfitted with an optimised XP operating system and a less than enthusiastic response to the 'next generation' Windows Vista, XP continues to be popular. Digital Distribution: A Solution? Gamers may be able to reduce the accumulation of e-waste by supporting the disintermediation of the games retail sector by means of online distribution. Disintermediation is the establishment of a direct relationship between the creators of content and their consumers through products and services offered by content producers (Flew 201). The move to digital distribution has already begun to reduce the need to physically handle commodities, but this currently signals only further support of planned, stylistic and technological obsolescence, increasing the rate at which the commodities for recording, storing, distributing and exhibiting digital content become e-waste. Digital distribution is sometimes overlooked as a potential means for promoting communities of user practice dedicated to e-waste reduction, at the same time it is actively employed to reduce the potential for the unregulated appropriation of content and restrict post-purchase sales through Digital Rights Management (DRM) technologies. Distributors like Amazon.com continue to pursue commercial opportunities in linking the user to digital distribution of content via exclusive hardware and software technologies. The Amazon e-book reader, the Kindle, operates via a proprietary mobile network using a commercially run version of the wireless 3G protocols. The e-book reader is heavily encrypted with Digital Rights Management (DRM) technologies and exclusive digital book formats designed to enforce current copyright restrictions and eliminate second-hand sales, lending, and further post-purchase distribution. The success of this mode of distribution is connected to Amazon's ability to tap both the mainstream market and the consumer demand for the less-than-popular; those books, movies, music and television series that may not have been 'hits' at the time of release. The desire to revisit forgotten niches, such as B-sides, comics, books, and older video games, suggests Chris Anderson, linked with so-called “long tail” economics. Recently Webb has queried the economic impact of the Long Tail as a business strategy, but does not deny the underlying dynamics, which suggest that content does not obsolesce in any straightforward way. Niche markets for older content are nourished by participatory cultures and Web 2.0 style online services. A good example of the Long Tail phenomenon is the recent case of the 1971 book A Lion Called Christian, by Anthony Burke and John Rendall, republished after the author's film of a visit to a resettled Christian in Africa was popularised on YouTube in 2008. Anderson's Long Tail theory suggests that over time a large number of items, each with unique rather than mass histories, will be subsumed as part of a larger community of consumers, including fans, collectors and everyday users with a long term interest in their use and preservation. If digital distribution platforms can reduce e-waste, they can perhaps be fostered by to ensuring digital consumers have access to morally and ethically aware consumer decisions, but also that they enjoy traditional consumer freedoms, such as the right to sell on and change or modify their property. For it is not only the fixation on the 'next generation' that contributes to obsolescence, but also technologies like DRM systems that discourage second hand sales and restrict modification. The legislative upgrades, patches and amendments to copyright law that have attempted to maintain the law's effectiveness in competing with peer-to-peer networks have supported DRM and other intellectual property enforcement technologies, despite the difficulties that owners of intellectual property have encountered with the effectiveness of DRM systems (Moore, Creative). The games industry continues to experiment with DRM, however, this industry also stands out as one of the few to have significantly incorporated the user within the official modes of production (Moore, Commonising). Is the games industry capable (or willing) of supporting a digital delivery system that attempts to minimise or even reverse software and hardware obsolescence? We can try to answer this question by looking in detail at the biggest digital distributor of PC games, Steam. Steam Figure 1: The Steam Application user interface retail section Steam is a digital distribution system designed for the Microsoft Windows operating system and operated by American video game development company and publisher, Valve Corporation. Steam combines online games retail, DRM technologies and internet-based distribution services with social networking and multiplayer features (in-game voice and text chat, user profiles, etc) and direct support for major games publishers, independent producers, and communities of user-contributors (modders). Steam, like the iTunes games store, Xbox Live and other digital distributors, provides consumers with direct digital downloads of new, recent and classic titles that can be accessed remotely by the user from any (internet equipped) location. Steam was first packaged with the physical distribution of Half Life 2 in 2004, and the platform's eventual popularity is tied to the success of that game franchise. Steam was not an optional component of the game's installation and many gamers protested in various online forums, while the platform was treated with suspicion by the global PC games press. It did not help that Steam was at launch everything that gamers take objection to: a persistent and initially 'buggy' piece of software that sits in the PC's operating system and occupies limited memory resources at the cost of hardware performance. Regular updates to the Steam software platform introduced social network features just as mainstream sites like MySpace and Facebook were emerging, and its popularity has undergone rapid subsequent growth. Steam now eclipses competitors with more than 20 million user accounts (Leahy) and Valve Corporation makes it publicly known that Steam collects large amounts of data about its users. This information is available via the public player profile in the community section of the Steam application. It includes the average number of hours the user plays per week, and can even indicate the difficulty the user has in navigating game obstacles. Valve reports on the number of users on Steam every two hours via its web site, with a population on average between one and two million simultaneous users (Valve, Steam). We know these users’ hardware profiles because Valve Corporation makes the results of its surveillance public knowledge via the Steam Hardware Survey. Valve’s hardware survey itself conceptualises obsolescence in two ways. First, it uses the results to define the 'cutting edge' of PC technologies and publishing the standards of its own high end production hardware on the companies blog. Second, the effect of the Survey is to subsequently define obsolescent hardware: for example, in the Survey results for April 2009, we can see that the slight majority of users maintain computers with two central processing units while a significant proportion (almost one third) of users still maintained much older PCs with a single CPU. Both effects of the Survey appear to be well understood by Valve: the Steam Hardware Survey automatically collects information about the community's computer hardware configurations and presents an aggregate picture of the stats on our web site. The survey helps us make better engineering and gameplay decisions, because it makes sure we're targeting machines our customers actually use, rather than measuring only against the hardware we've got in the office. We often get asked about the configuration of the machines we build around the office to do both game and Steam development. We also tend to turn over machines in the office pretty rapidly, at roughly every 18 months. (Valve, Team Fortress) Valve’s support of older hardware might counter perceptions that older PCs have no use and begins to reverse decades of opinion regarding planned and stylistic obsolescence in the PC hardware and software industries. Equally significant to the extension of the lives of older PCs is Steam's support for mods and its promotion of user generated content. By providing software for mod creation and distribution, Steam maximises what Postigo calls the development potential of fan-programmers. One of the 'payoffs' in the information/access exchange for the user with Steam is the degree to which Valve's End-User Licence Agreement (EULA) permits individuals and communities of 'modders' to appropriate its proprietary game content for use in the creation of new games and games materials for redistribution via Steam. These mods extend the play of the older games, by requiring their purchase via Steam in order for the individual user to participate in the modded experience. If Steam is able to encourage this kind of appropriation and community support for older content, then the potential exists for it to support cultures of consumption and practice of use that collaboratively maintain, extend, and prolong the life and use of games. Further, Steam incorporates the insights of “long tail” economics in a purely digital distribution model, in which the obsolescence of 'non-hit' game titles can be dramatically overturned. Published in November 2007, Unreal Tournament 3 (UT3) by Epic Games, was unappreciated in a market saturated with games in the first-person shooter genre. Epic republished UT3 on Steam 18 months later, making the game available to play for free for one weekend, followed by discounted access to new content. The 2000 per cent increase in players over the game's 'free' trial weekend, has translated into enough sales of the game for Epic to no longer consider the release a commercial failure: It’s an incredible precedent to set: making a game a success almost 18 months after a poor launch. It’s something that could only have happened now, and with a system like Steam...Something that silently updates a purchase with patches and extra content automatically, so you don’t have to make the decision to seek out some exciting new feature: it’s just there anyway. Something that, if you don’t already own it, advertises that game to you at an agreeably reduced price whenever it loads. Something that enjoys a vast community who are in turn plugged into a sea of smaller relevant communities. It’s incredibly sinister. It’s also incredibly exciting... (Meer) Clearly concerns exist about Steam's user privacy policy, but this also invites us to the think about the economic relationship between gamers and games companies as it is reconfigured through the private contractual relationship established by the EULA which accompanies the digital distribution model. The games industry has established contractual and licensing arrangements with its consumer base in order to support and reincorporate emerging trends in user generated cultures and other cultural formations within its official modes of production (Moore, "Commonising"). When we consider that Valve gets to tax sales of its virtual goods and can further sell the information farmed from its users to hardware manufacturers, it is reasonable to consider the relationship between the corporation and its gamers as exploitative. Gabe Newell, the Valve co-founder and managing director, conversely believes that people are willing to give up personal information if they feel it is being used to get better services (Leahy). If that sentiment is correct then consumers may be willing to further trade for services that can reduce obsolescence and begin to address the problems of e-waste from the ground up. Conclusion Clearly, there is a potential for digital distribution to be a means of not only eliminating the need to physically transport commodities but also supporting consumer practices that further reduce e-waste. For an industry where only a small proportion of the games made break even, the successful relaunch of older games content indicates Steam's capacity to ameliorate software obsolescence. Digital distribution extends the use of commercially released games by providing disintermediated access to older and user-generated content. For Valve, this occurs within a network of exchange as access to user-generated content, social networking services, and support for the organisation and coordination of communities of gamers is traded for user-information and repeat business. Evidence for whether this will actively translate to an equivalent decrease in the obsolescence of game hardware might be observed with indicators like the Steam Hardware Survey in the future. The degree of potential offered by digital distribution is disrupted by a range of technical, commercial and legal hurdles, primary of which is the deployment of DRM, as part of a range of techniques designed to limit consumer behaviour post purchase. While intervention in the form of legislation and radical change to the insidious nature of electronics production is crucial in order to achieve long term reduction in e-waste, the user is currently considered only in terms of 'ethical' consumption and ultimately divested of responsibility through participation in corporate, state and civil recycling and e-waste management operations. The message is either 'careful what you purchase' or 'careful how you throw it away' and, like DRM, ignores the connections between product, producer and user and the consumer support for environmentally, ethically and socially positive production, distribrution, disposal and recycling. This article, has adopted a different strategy, one that sees digital distribution platforms like Steam, as capable, if not currently active, in supporting community practices that should be seriously considered in conjunction with a range of approaches to the challenge of obsolescence and e-waste. 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"Commonising the Enclosure: Online Games and Reforming Intellectual Property Regimes." Australian Journal of Emerging Technologies and Society 3. 2, (2005). 12 Apr. 2009 ‹http://www.swin.edu.au/sbs/ajets/journal/issue5-V3N2/abstract_moore.htm›. Moore, Christopher. "Creative Choices: Changes to Australian Copyright Law and the Future of the Public Domain." Media International Australia 114 (Feb. 2005): 71–83. Postigo, Hector. "Of Mods and Modders: Chasing Down the Value of Fan-Based Digital Game Modification." Games and Culture 2 (2007): 300-13. Robinson, Daniel. "Windows XP Support Runs Out Next Week." PC Business Authority 8 Apr. 2009. 16 Apr. 2009 ‹http://www.pcauthority.com.au/News/142013,windows-xp-support-runs-out-next-week.aspx›. Straw, Will. "Exhausted Commodities: The Material Culture of Music." Canadian Journal of Communication 25.1 (2000): 175. Slade, Giles. Made to Break: Technology and Obsolescence in America. Cambridge: Harvard UP, 2006. Valve. "Steam and Game Stats." 26 Apr. 2009 ‹http://store.steampowered.com/stats/›. Valve. "Team Fortress 2: The Scout Update." Steam Marketing Message 20 Feb. 2009. 12 Apr. 2009 ‹http://storefront.steampowered.com/Steam/Marketing/message/2269/›. Webb, Richard. "Online Shopping and the Harry Potter Effect." New Scientist 2687 (2008): 52-55. 16 Apr. 2009 ‹http://www.newscientist.com/article/mg20026873.300-online-shopping-and-the-harry-potter-effect.html?page=2›. With thanks to Dr Nicola Evans and Dr Frances Steel for their feedback and comments on drafts of this paper.

In the 2019 documentary Chasing Happiness, recording artist/musician Joe Jonas tells audiences that the band was “living the dream”. Similarly, in the 2012 documentary Artifact, lead singer Jared Leto remarks that at the height of Thirty Seconds to Mars’s success, they “were living the dream”. However, for both the Jonas Brothers and Thirty Seconds to Mars, their experiences of the music industry (much like other commercially successful recording artists) soon transformed into nightmares. Similar to other commercially successful recording artists, the Jonas Brothers and Thirty Seconds to Mars, came up against the constraints of the industry which inevitably led to a forfeiting of authenticity, a loss of creative control, increased exploitation, and unequal remuneration. This work will consider how working in the music industry is not always a dream come true and can instead be viewed as a proverbial nightmare. Living the DreamIn his book Dreams, Carl Gustav Jung discusses how that which is experienced in sleep, speaks of a person’s wishes: that which might be desired in reality but may not actually happen. In his earlier work, The Interpretation of Dreams, Freud argued that the dream is representative of fulfilling a repressed wish. However, the creative industries suggest that a dream need not be a repressed wish; it can become a reality. Jon Bon Jovi believes that his success in the music industry has surpassed his wildest dreams (Atkinson). Jennifer Lopez considers the fact that she held big dreams, had a focussed passion, and strong aspirations the reason why she pursued a creative career that took her out of the Bronx (Thomas). In a Twitter post from 23 April 2018, Bruno Mars declared that he “use [sic] to dream of this shit,” in referring to a picture of him performing for a sold out arena, while in 2019 Shawn Mendes informed his 24.4 million Twitter followers that his “life is a dream”. These are but a few examples of successful music industry artists who are seeing their ‘wishes’ come true and living the American Dream.Endemic to the American culture (and a characteristic of the identity of the country) is the “American Dream”. It centres on “a land in which life should be better and richer and fuller for every man, with opportunity for each according to his ability and achievement” (Adams, 404). Although initially used to describe having a nice house, money, stability and a reasonable standard of living, the American Dream has since evolved to what the scholar Florida believes is the new ‘aspiration of people’: doing work that is enjoyable and relies on human creativity. At its core, the original American Dream required striving to meet individual goals, and was promoted as possible for anyone regardless of their cultural, socio-economic and political background (Samuel), because it encourages the celebrating of the self and personal uniqueness (Gamson). Florida’s conceptualisation of the New American dream, however, tends to emphasise obtaining success, fame and fortune in what Neff, Wissinger, and Zukin (310) consider “hot”, “creative” industries where “the jobs are cool”.Whether old or new, the American Dream has perpetuated and reinforced celebrity culture, with many of the young generation reporting that fame and fortune were their priorities, as they sought to emulate the success of their famous role models (Florida). The rag to riches stories of iconic recording artists can inevitably glorify and make appealing the struggle that permits achieving one’s dream, with celebrities offering young, aspiring creative people a means of identification for helping them to aspire to meet their dreams (Florida; Samuel). For example, a young Demi Lovato spoke of how she idolised and looked up to singer Beyonce Knowles, describing Knowles as a role model because of the way she carries herself (Tishgart). Similarly, American Idol winner Kelly Clarkson cited Aretha Franklin as her musical inspiration and the reason that she sings from a place deep within (Nilles). It is unsurprising then, that popular media has tended to portray artists working in the creative industries and being paid to follow their passions as “a much-vaunted career dream” (Duffy and Wissinger, 4656). Movies such as A Star Is Born (2018), The Coal Miner’s Daughter (1980), Dreamgirls (2006), Begin Again (2013) and La La Land (2016) exalt the perception that creativity, talent, sacrifice and determination will mean dreams come true (Nicolaou). In concert with the American dream is the drive among creative people pursuing creative success to achieve their dreams because of the perceived autonomy they will gain, the chance of self-actualisation and social rewards, and the opportunity to fulfil intrinsic motivations (Amabile; Auger and Woodman; Cohen). For these workers, the love of creation and the happiness that accompanies new discoveries (Csikszentmihalyi) can offset the tight budgets and timelines, precarious labour (Blair, Grey, and Randle; Hesmondhalgh and Baker), uncertain demand (Caves; Shultz), sacrifice of personal relationships (Eikhof and Haunschild), the demand for high quality products (Gil & Spiller), and the tense relationships with administrators (Bilton) which are known to plague these industries. In some cases, young, up and coming creative people overlook these pitfalls, instead romanticising creative careers as ideal and worthwhile. They willingly take on roles and cede control to big corporations to “realize their passions [and] uncover their personal talent” (Bill, 50). Of course, as Ursell argues in discussing television employees, such idealisation can mean creatives, especially those who are young and unfamiliar with the constraints of the industry, end up immersed in and victims of the “vampiric” industry that exploits workers (816). They are socialised towards believing, in this case, that the record label is a necessary component to obtain fame and fortune and whether willing or unwilling, creative workers become complicit in their own exploitation (Cohen). Loss of Control and No CompensationThe music industry itself has been considered by some to typify the cultural industries (Chambers). Popular music has potency in that it is perceived as speaking a universal language (Burnett), engaging the emotions and thoughts of listeners, and assisting in their identity construction (Burnett; Gardikiotis and Baltzis). Given the place of music within society, it is not surprising that in 2018, the global music industry was worth US$19.1billion (IFPI). The music industry is necessarily underpinned by a commercial agenda. At present, six major recording companies exist and between them, they own between 70-80 per cent of the recordings produced globally (Konsor). They also act as gatekeepers, setting trends by defining what and who is worth following and listening to (Csikszentmihalyi; Jones, Anand, and Alvarez). In essence, to be successful in the music industry is to be affiliated with a record label. This is because the highly competitive nature and cluttered environment makes it harder to gain traction in the market without worthwhile representation (Moiso and Rockman). In the 2012 documentary about Thirty Seconds to Mars, Artifact, front man Jared Leto even questions whether it is possible to have “success without a label”. The recording company, he determines, “deal with the crappy jobs”. In a financially uncertain industry that makes money from subjective or experience-based goods (Caves), having a label affords an artist access to “economic capital for production and promotion” that enables “wider recognition” of creative work (Scott, 239). With the support of a record label, creative entrepreneurs are given the chance to be promoted and distributed in the creative marketplace (Scott; Shultz). To have a record label, then, is to be perceived as legitimate and credible (Shultz).However, the commercial music industry is just that, commercial. Accordingly, the desire to make money can see the intrinsic desires of musicians forfeited in favour of standardised products and a lack of remuneration for artists (Negus). To see this standardisation in practice, one need not look further than those contestants appearing on shows such as American Idol or The Voice. Nowhere is the standardisation of the music industry more evident than in Holmes’s 2004 article on Pop Idol. Pop Idol first aired in Britain from 2001-2003 and paved the way for a slew of similar shows around the world such as Australia’s Popstars Live in 2004 and the global Idol phenomena. According to Holmes, audiences are divested of the illusion of talent and stardom when they witness the obvious manufacturing of musical talent. The contestants receive training, are dressed according to a prescribed image, and the show emphasises those melodramatic moments that are commercially enticing to audiences. Her sentiments suggest these shows emphasise the artifice of the music industry by undermining artistic authenticity in favour of generating celebrities. The standardisation is typified in the post Idol careers of Kelly Clarkson and Adam Lambert. Kelly Clarkson parted with the recording company RCA when her manager and producer Clive Davis told her that her album My December (2007) was “not commercial enough” and that Clarkson, who had written most of the songs, was a “shitty writer… who should just shut up and sing” (Nied). Adam Lambert left RCA because they wanted him to make a full length 80s album comprised of covers. Lambert commented that, “while there are lots of great songs from that decade, my heart is simply not in doing a covers album” (Lee). In these instances, winning the show and signing contracts led to both Clarkson and Lambert forfeiting a degree of creative control over their work in favour of formulaic songs that ultimately left both artists unsatisfied. The standardisation and lack of remuneration is notable when signing recording artists to 360° contracts. These 360° contracts have become commonplace in the music industry (Gulchardaz, Bach, and Penin) and see both the material and immaterial labour (such as personal identities) of recording artists become controlled by record labels (Stahl and Meier). These labels determine the aesthetics of the musicians as well as where and how frequently they tour. Furthermore, the labels become owners of any intellectual property generated by an artist during the tenure of the contract (Sanders; Stahl and Meier). For example, in their documentary Show Em What You’re Made Of (2015), the Backstreet Boys lament their affiliation with manager Lou Pearlman. Not only did Pearlman manufacture the group in a way that prevented creative exploration by the members (Sanders), but he withheld profits to the point that the Backstreet Boys had to sue Pearlman in order to gain access to money they deserved. In 2002 the members of the Backstreet Boys had stated that “it wasn’t our destinies that we had to worry about in the past, it was our souls” (Sanders, 541). They were not writing their own music, which came across in the documentary Show Em What You’re Made Of when singer Howie Dorough demanded that if they were to collaborate as a group again in 2013, that everything was to be produced, managed and created by the five group members. Such a demand speaks to creative individuals being tied to their work both personally and emotionally (Bain). The angst encountered by music artists also signals the identity dissonance and conflict felt when they are betraying their true or authentic creative selves (Ashforth and Mael; Ashforth and Humphrey). Performing and abiding by the rules and regulations of others led to frustration because the members felt they were “being passed off as something we aren’t” (Sanders 539). The Backstreet Boys were not the only musicians who were intensely controlled and not adequately compensated by Pearlman. In the documentary The Boy Band Con: The Lou Pearlman Story 2019, Lance Bass of N*Sync and recording artist Aaron Carter admitted that the experience of working with Pearlman became a nightmare when they too, were receiving cheques that were so small that Bass describes them as making his heart sink. For these groups, the dream of making music was undone by contracts that stifled creativity and paid a pittance.In a similar vein, Thirty Seconds to Mars sought to cut ties with their record label when they felt that they were not being adequately compensated for their work. In retaliation EMI issued Mars with a US$30 million lawsuit for breach of contract. The tense renegotiations that followed took a toll on the creative drive of the group. At one point in the documentary Artifact (2012), Leto claims “I can’t sing it right now… You couldn’t pay me all the money in the world to sing this song the way it needs to be sung right now. I’m not ready”. The contract subordination (Phillips; Stahl and Meier) that had led to the need to renegotiate financial terms came at not only a financial cost to the band, but also a physical and emotional one. The negativity impacted the development of the songs for the new album. To make music requires evoking necessary and appropriate emotions in the recording studio (Wood, Duffy, and Smith), so Leto being unable to deliver the song proved problematic. Essentially, the stress of the lawsuit and negotiations damaged the motivation of the band (Amabile; Elsbach and Hargadon; Hallowell) and interfered with their creative approach, which could have produced standardised and poor quality work (Farr and Ford). The dream of making music was almost lost because of the EMI lawsuit. Young creatives often lack bargaining power when entering into contracts with corporations, which can prove disadvantaging when it comes to retaining control over their lives (Phillips; Stahl and Meier). Singer Demi Lovato’s big break came in the 2008 Disney film Camp Rock. As her then manager Phil McIntyre states in the documentary Simply Complicated (2017), Camp Rock was “perceived as the vehicle to becoming a superstar … overnight she became a household name”. However, as “authentic and believable” as Lovato’s edginess appeared, the speed with which her success came took a toll on Lovato. The pressure she experienced having to tour, write songs that were approved by others, star in Disney channel shows and movies, and look a certain way, became too much and to compensate, Lovato engaged in regular drug use to feel free. Accordingly, she developed a hybrid identity to ensure that the squeaky clean image required by the moral clauses of her contract, was not tarnished by her out-of-control lifestyle. The nightmare came from becoming famous at a young age and not being able to handle the expectations that accompanied it, coupled with a stringent contract that exploited her creative talent. Lovato’s is not a unique story. Research has found that musicians are more inclined than those in other workforces to use psychotherapy and psychotropic drugs (Vaag, Bjørngaard, and Bjerkeset) and that fame and money can provide musicians more opportunities to take risks, including drug-use that leads to mortality (Bellis, Hughes, Sharples, Hennell, and Hardcastle). For Lovato, living the dream at a young age ultimately became overwhelming with drugs her only means of escape. AuthenticityThe challenges then for music artists is that the dream of pursuing music can come at the cost of a musician’s authentic self. According to Hughes, “to be authentic is to be in some sense real and true to something ... It is not simply an imitation, but it is sincere, real, true, and original expression of its creator, and is believable or credible representations or example of what it appears to be” (190). For Nick Jonas of the Jonas Brothers, being in the spotlight and abiding by the demands of Disney was “non-stop” and prevented his personal and musical growth (Chasing Happiness). As Kevin Jonas put it, Nick “wanted the Jonas Brothers to be no more”. The extensive promotion that accompanies success and fame, which is designed to drive celebrity culture and financial motivations (Currid-Halkett and Scott; King), can lead to cynical performances and dissatisfaction (Hughes) if the identity work of the creative creates a disjoin between their perceived self and aspirational self (Beech, Gilmore, Cochrane, and Greig). Promoting the band (and having to film a television show and movies he was not invested in all because of contractual obligations) impacted on Nick’s authentic self to the point that the Jonas Brothers made him feel deeply upset and anxious. For Nick, being stifled creatively led to feeling inauthentic, thereby resulting in the demise of the band as his only recourse.In her documentary Gaga: Five Foot Two (2017), Lady Gaga discusses the extent she had to go to maintain a sense of authenticity in response to producer control. As she puts it, “when producers wanted me to be sexy, I always put some absurd spin on it, that made me feel like I was still in control”. Her words reaffirm the perception amongst scholars (Currid-Halkett and Scott; King; Meyers) that in playing the information game, industry leaders will construct an artist’s persona in ways that are most beneficial for, in this case, the record label. That will mean, for example, establishing a coherent life story for musicians that endears them to audiences and engaging recording artists in co-branding opportunities to raise their profile and to legitimise them in the marketplace. Such behaviour can potentially influence the preferences and purchases of audiences and fans, can create favourability, originality and clarity around artists (Loroz and Braig), and can establish competitive advantage that leads to producers being able to charge higher prices for the artists’ work (Hernando and Campo). But what impact does that have on the musician? Lady Gaga could not continue living someone else’s dream. She found herself needing to make changes in order to avoid quitting music altogether. As Gaga told a class of university students at the Emotion Revolution Summit hosted by Yale University:I don’t like being used to make people money. It feels sad when I am overworked and that I have just become a money-making machine and that my passion and creativity take a backseat. That makes me unhappy.According to Eikof and Haunschild, economic necessity can threaten creative motivation. Gaga’s reaction to the commercial demands of the music industry signal an identity conflict because her desire to create, clashed with the need to be commercial, with the outcome imposing “inconsistent demands upon” her (Ashforth and Mael, 29). Therefore, to reduce what could be considered feelings of dissonance and inconsistency (Ashforth and Mael; Ashforth and Humphrey) Gaga started saying “no” to prevent further loss of her identity and sense of authentic self. Taking back control could be seen as a means of reorienting her dream and overcoming what had become dissatisfaction with the commercial processes of the music industry. ConclusionsFor many creatives working in the creative industries – and specifically the music industry – is constructed as a dream come true; the working conditions and expectations experienced by recording artists are far from liberating and instead can become nightmares to which they want to escape. The case studies above, although likely ‘constructed’ retellings of the unfortunate circumstances encountered working in the music industry, nevertheless offer an inside account that contradicts the prevailing ideology that pursuing creative passions leads to a dream career (Florida; Samuel). If anything, the case studies explored above involving 30 Seconds to Mars, the Jonas Brothers, Lady Gaga, Kelly Clarkson, Adam Lambert and the Backstreet Boys, acknowledge what many scholars writing in the creative industries have already identified; that exploitation, subordination, identity conflict and loss of control are the unspoken or lesser known consequences of pursuing the creative dream. That said, the conundrum for creatives is that for success in the industry big “creative” businesses, such as recording labels, are still considered necessary in order to break into the market and to have prolonged success. This is simply because their resources far exceed those at the disposal of independent and up-and-coming creative entrepreneurs. Therefore, it can be argued that this friction of need between creative industry business versus artists will be on-going leading to more of these ‘dream to nightmare’ stories. The struggle will continue manifesting in the relationship between business and artist for long as the recording artists fight for greater equality, independence of creativity and respect for their work, image and identities. 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