Journal articles on the topic 'Protectionism Australia'
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1
ZHOU, WEIHUAN. "Circumvention and Anti-Circumvention: Rising Protectionism in Australia." World Trade Review 15, no. 3 (January 14, 2016): 495–522. http://dx.doi.org/10.1017/s1474745615000762.
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AbstractThe article discusses circumvention and anti-circumvention in international trade with a focus on Australia's anti-circumvention mechanism and in particular the first anti-circumvention investigation in Australia. It identifies the major issues relating to circumvention and anti-circumvention in the GATT/WTO negotiations which have led to the failure of WTO members to conclude uniform rules on anti-circumvention. The article argues that multilateral anti-circumvention rules are necessary to standardize national anti-circumvention laws and practice and discipline unilateral use of anti-circumvention measures. The article further argues that Australia's anti-circumvention law and practice, as reflected in its first anti-circumvention investigation, may have violated WTO rules and is likely to lead to increasing protectionism to cost of WTO members and Australia's FTA trading partners. Australia's unjustified use of anti-circumvention measures is unlikely to foster the development of its import-competing industries and may provoke retaliation by other countries.
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Islam, M. Rafiqul, and Md Rizwanul Islam. "The Proposed Australia-China FTA: Protectionism over Complementarity?" Legal Issues of Economic Integration 37, Issue 3 (August 1, 2010): 203–19. http://dx.doi.org/10.54648/leie2010016.
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This article deals with the proposed high-profile Australia-China Free Trade Agreement (FTA). It recognizes their economic complementarities for an FTA. However, their negotiations reveal many competing interests, militating against an FTA. If political enthusiasm succeeds in concluding this FTA, it is likely to fall short of delivering the projected economic benefits. This FTA will possibly be an inward looking discriminatory trading arrangement with exclusive preference to each other in selective sectors and protection against non-members, inconsistent with Article XXIV of the General Agreement on Tariffs and Trade (GATT). Such protectionist obsessions have become an obstructive alternative to multilateral nondiscriminatory trade rendering it more onerous and less viable. Concluding such an FTA, at a time when World Trade Organization (WTO) Panels and Appellate Body (AB) are increasingly dealing with FTA disputes, may result in a legal challenge. The booming Australian and Chinese export sectors need open global markets to maximize their full trade potentials, which can be achieved through the completion of the Doha Round.
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Anderson, Kym. "TRADE PROTECTIONISM IN AUSTRALIA: ITS GROWTH AND DISMANTLING." Journal of Economic Surveys 34, no. 5 (August 5, 2020): 1044–67. http://dx.doi.org/10.1111/joes.12388.
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Gupta, Pralok. "Cross-border labor mobility in information technology services: A quantitative approach to estimate protectionism in selected developed country markets." Journal of International Commerce, Economics and Policy 05, no. 01 (February 2014): 1440004. http://dx.doi.org/10.1142/s1793993314400043.
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This paper analyzes regulatory measures affecting cross-border labor movement (mode 4 of services trade) in Information Technology (IT) services for selected developed countries (Australia, Canada, UK and US). It contributes to the existing literature by developing a template for quantifying the qualitative nature of regulations affecting the mode 4 service trade. It constructs trade restrictiveness indices for assessing protectionism affecting the temporary movement of Indian IT professionals to these countries in the pre- and post-recession periods. It finds that developed country IT markets have become more protectionist after the recent financial crisis, mainly on account of stricter immigration measures in these countries.
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Kiefel, Susan, and Gonzalo Villalta Puig. "The Constitutionalisation of Free Trade by the High Court of Australia and the Court of Justice of the European Union." Global Journal of Comparative Law 3, no. 1 (May 29, 2014): 34–49. http://dx.doi.org/10.1163/2211906x-00301002.
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Together with matters of multilateral and bilateral regulation, domestic regulation affects the law and policy of economic relations between the European Union (eu) and Australia. This article discusses the constitutional determinants of the Australian single market and the significance to its development of the free trade jurisprudence of the Court of Justice of the European Union. When Australia was federated, free trade between the States and the removal of barriers at the borders were at the forefront of constitutional objectives. They find expression in Section 92 of the Australian Constitution. It took some time for the jurisprudence to develop by reference to principles of competition. Recent decisions of the High Court of Australia highlight the need to prove that a law or measure may have anti-competitive effects within a market to hold it invalid. Application of this (unacknowledged) test of proportionality invites comparison with eu law and opens to question the usefulness of protectionism as a criterion of constitutional invalidity for trade without borders in the ‘new economy’.
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Glasgow, David. "The Law of the Jungle: Advocating for Animals in Australia." Deakin Law Review 13, no. 1 (January 1, 2008): 181. http://dx.doi.org/10.21153/dlr2008vol13no1art156.
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<p>A movement of activist ‘animal lawyers’ has recently arrived in Australia. This article contends that Australian lawyers have a significant role to play in advancing the animal protection cause. Part I discusses the philosophical foundation of the modern animal protection movement and describes the<br />important theoretical divide that splits it into animal ‘welfare’ and animal ‘rights’. Part II explains the Australian legal regime governing animal protection to show how the law acts as a site of exploitation. Part III explores the role of lawyers within the movement. It does this by appraising<br />the obstacles in the way of animal protectionism and exploring what makes an effective lawyer advocate. It then uses a case study of battery hens to demonstrate the valuable role lawyers can play to support the animal cause.</p>
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Conlon, R. M. "An Overview of Protection of Australian Manufacturing: Past, Present and Future." Economic and Labour Relations Review 5, no. 1 (June 1994): 137–53. http://dx.doi.org/10.1177/103530469400500112.
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Australia, and before Federation, the colonies, have long histories of tariff protection. However, by the end of this century tariffs for imports of most commodities will have been lowered to negligible levels. This paper briefly examines the history of the tariff and the changing structure of assistance to manufacturing in the 1980s and 1990s. As the tariff has been dismantled, a variety of alternative measures have been implemented. Thus, while the ‘old’ protectionism of tariffs on imports has been discredited, a ‘new’ form of protectionism — much to do with providing assistance for exports — has arisen to at least partially take its place. The protective effects of many of these measures is far less apparent and possibly more deleterious than the tariffs they replace.
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MOON, Don. "East Asian Regionalism: A New Momentum for Multilateralism?" East Asian Policy 11, no. 03 (July 2019): 5–13. http://dx.doi.org/10.1142/s1793930519000229.
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East Asian countries continue to sign mega-Free Trade Agreements, indicating certain momentum for promoting cooperative economic relationships, despite protectionism fears. This paper examines East Asian regionalism after the Asian Financial Crisis in 1997 and discusses the dynamics of institution building among the United States, China and Japan. It also explores what ASEAN countries, South Korea and Australia should do to mitigate the tension in the region and facilitate progress in the open economic order.
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Smart, Judith. "The Politics of the Small Purse: The Mobilization of Housewives in Interwar Australia." International Labor and Working-Class History 77, no. 1 (2010): 48–68. http://dx.doi.org/10.1017/s014754790999024x.
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AbstractThe Housewives' Associations were the largest women's organizations in Australia during the interwar years and were the first consumer-watch agencies. This article examines the gendered economic identity they cultivated in successfully mobilizing women under the banner of free-market economics against the protectionism of the mainstream political parties and the labor movement. In challenging the dominant economic discourse, they asserted the claims of consumption to the same status and recognition in the functioning of the economic system as the overwhelmingly masculine forces of capital and labor. In the process, they also threw into question the relevance of class as a basis for women's political activism.
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Lake, Marilyn. "Feminism and the gendered politics of antiracism, Australia 1927–1957: From maternal protectionism to leftist assimilationism." Australian Historical Studies 29, no. 110 (April 1998): 91–108. http://dx.doi.org/10.1080/10314619808596062.
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Bell, Stephen. "The Politics of Economic Adjustment: Explaining the Transformation of Industry-State Relationships in Australia." Political Studies 43, no. 1 (March 1995): 22–47. http://dx.doi.org/10.1111/j.1467-9248.1995.tb01698.x.
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Recent theories of the state (pluralism, statism, Marxism and corporatism) are evaluated in terms of their capacity to explain an historic transformation in industry-state relationships in Australia over the last two decades. The explanatory tasks focus on explaining the shift from high protectionism to free trade for manufacturing industry, coupled with an increase in positive industry assistance measures. The paper argues that a suitably tailored Marxist account avoids most of the limitations of the other theories examined. Yet it is stressed that Marxism's strength lies not in explaining policy details but in providing a broad macro-structural theory of the state in capitalist societies. Marxism's explanatory ‘superstructure’, needs to be filled in at the meso-level by other explanatory elements so that the contours and dynamics of policy making below the macro-structural level can be more fully explained. Concepts such as accumulation strategy, political coalitions and policy networks are suggested for this purpose.
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Kampan, Palapan, and Adam Tanielian. "Energy Reform in ASEAN: Balancing Political, Economic, and Scientific Objectives." International Journal of Emerging Electric Power Systems 16, no. 4 (August 1, 2015): 297–311. http://dx.doi.org/10.1515/ijeeps-2014-0190.
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Abstract This article focuses on the past, present, and future of environments in the Association of Southeast Asian Nations (ASEAN) as the region moves toward the 2015 launch of the ASEAN Economic Community (AEC). Policies and data are compared between the ten nations in the group and with others such as the United States, Australia, and European Union (EU) members. Opportunities to promote and support expansion of renewable energies are explored alongside factors constraining green growth initiatives. Climate science and statistical analyses are used to bolster recommendations in favor of implementation of new environmental legislation such as a regional cap-and-trade mechanism and carbon tax. A holistic approach to environmental protectionism is proposed in consideration of conflicting economic and scientific interests, which have resulted in poor enforcement of existing regulations.
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Taborda, Ashley. "Airline Alliances: Justifying the Bureaus Intervention." Air and Space Law 41, Issue 6 (November 1, 2016): 475–501. http://dx.doi.org/10.54648/aila2016036.
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In Airline Alliances: Justifying the Bureau’s Intervention, the Canadian Competition Bureau’s 2011 challenge of the proposed joint venture between Air Canada and United Continental Holdings is analysed from a Competition Law perspective, through the lens of the nuanced environment in which airlines operate in Canada. Despite the multitude of arguments supporting the pro-competitive effects of airline alliances, particularly with regards to airlines operating in the United States, Europe and Australia, this paper concludes that airline alliances are not necessarily pro-competitive within the Canadian context. Although airline alliances are theoretically well-aligned with the purposes of the Canadian Competition Act, the markets in which such alliances are permitted to operate must contain mechanisms to constrain the excessive use of market power. With current Canadian policies fostering protectionism, the Competition Bureau is arguably justified in taking a more aggressive approach with regards to airline alliances than its global peers.
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Plater, Suzanne, Julie Mooney-Somers, Lesley Barclay, and John Boulton. "Hitting the white ceiling: Structural racism and Aboriginal and Torres Strait Islander university graduates." Journal of Sociology 56, no. 3 (July 10, 2019): 487–504. http://dx.doi.org/10.1177/1440783319859656.
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This article reports on a study that explored what it means to be a mature-age Aboriginal and Torres Strait Islander university graduate in the context of age, life-stage, history, culture, socioeconomic status, race and place. Using narrative interview data and fieldwork observation, we focus on the graduates’ workplace experiences and take a case study approach to amplify their voices. We argue that the data challenges the ideological construct of Australia as a ‘post-racial’ society and illustrates how interrelated variants of structural racism function to sanction, silence and control educated Aboriginal and Torres Strait Islander people, divide communities into quasi-hierarchies, and sustain white power and privilege. We show how these variants are expressed as low expectations, shadeism, culturism and privilege protectionism, and argue that their enactment can erect an invisible barrier to Aboriginal and Torres Strait Islander professional progression: a ‘white ceiling’ above which many graduates struggle to ascend.
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Jain, Monika. "Was India Right in Not Joining RCEP? A Cost–Benefit Analysis." India Quarterly: A Journal of International Affairs 77, no. 4 (October 31, 2021): 542–59. http://dx.doi.org/10.1177/09749284211047728.
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India dropped out of the Regional Comprehensive Economic Partnership (RCEP)—which included the Association of Southeast Asian Nations (ASEAN) countries, China, South Korea, New Zealand, Japan and Australia—after negotiating for almost seven years in November 2018 on the grounds of national interest and also that free trade agreements (FTAs) did not amount to free trade and led to more trade diversion than trade creation. The cost and benefit of a regional agreement depend on the amount of trade creation with respect to trade diversion (Panagriya, 2000). This study tries to examine India’s concerns and, at the same time, highlights the cost of not joining RCEP. India’s trade deficit with 11 out of the 15 RCEP nations has been a major cause of concern. Unfavourable trade balance, concerns about the impact on dairy sector, economic slowdown, past experience with FTA’s, China factor, data localisation, rules of origin and the experience of ASEAN countries with Sino-FTA have been some of the reasons behind India’s decision to opt out of this mega multilateral agreement. Also, bilateral trade agreements with some RCEP countries such as Japan, Malaysia, Singapore, Thailand and South Korea were operational. A multilateral trade agreement with ASEAN countries was very much in place. So, trade between India and 12 of the RCEP member countries would not have changed much after India’s inclusion in the RCEP. The impact of lower tariffs would have been evident for the remaining three countries: China, Australia and New Zealand. Furthermore, there was fear of a massive surge in imports of manufactures from China and dairy imports from Australia and New Zealand. This study also examines the long-term impact of this decision and if India has missed out on becoming a part of the global value chain and gaining greater market access in the Asia-Pacific region. India’s policy of import substitution and protectionism did not capitulate desired results in the past. Hence, a critical evaluation of India’s decision and some validation on her concerns and fears have been done.
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Skead, Natalie, Tamara Tulich, Sarah Murray, and Hilde Tubex. "Reforming proceeds of crime legislation: Political reality or pipedream?" Alternative Law Journal 44, no. 3 (March 6, 2019): 176–81. http://dx.doi.org/10.1177/1037969x19831100.
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In recent decades, Australian states and territories have introduced a raft of legislation aimed at stripping those involved in criminal activity of their ill-gotten gains. However, in doing so, this far-reaching legislation has the potential to undermine legal principles and protections. We recently completed a study into proceeds of crime legislation in Western Australia, New South Wales and Queensland. From our findings it is clear that Western Australia’s legislation is the most far-reaching and potentially the most inequitable. In this article, we provide a critique of Western Australia's legislation informed by our research, and identify pressing areas for reform.
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Puig, Gonzalo Villalta. "A European Saving Test for Section 92 of the Australian Constitution." Deakin Law Review 13, no. 1 (January 1, 2008): 99. http://dx.doi.org/10.21153/dlr2008vol13no1art154.
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<p>This article celebrates the recent decision of the High Court of Australia in Betfair Pty Ltd v Western Australia to revise the uniquely Australian concept of abridged proportionality that frames the Cole v Whitfield saving test for section 92 of the Australian Constitution. The critique that the article makes of abridged proportionality takes the form of a comparison<br />with the continental European concept of robust proportionality. The comparison reveals that, unlike robust proportionality, abridged proportionality poses a twofold risk: one, that the test might save laws or measures that have a discriminatory effect on interstate trade and commerce if they have a purpose that is not protectionist; and, two, that the<br />test might not save laws or measures that, in effect, legitimately regulate interstate trade and commerce if they have a purpose that is indeed protectionist. Thus, the article argues that abridged proportionality cannot preserve the Australian common market with the same level of strength that robust proportionality has. In conclusion, the article celebrates the fact that, since Betfair Pty Ltd v Western Australia, the High Court of Australia is now free to analyse not only the purpose but also the effect of any law or measure under challenge when it considers future cases on section 92.</p>
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Given, Jock. "‘Not Unreasonably Denied’: Australian Content after Ausfta." Media International Australia 111, no. 1 (May 2004): 8–22. http://dx.doi.org/10.1177/1329878x0411100104.
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The text of the Australia–United States Free Trade Agreement (AUSFTA), released in early March 2004, makes more concessions than many in Australia's audiovisual and cultural industries might have hoped, but less than they feared. Its precise impact will depend on how ‘new media’ replaces, subsumes or supplements ‘old media’, and how quickly. AUSFTA institutionalises much lower aspirations about the level of Australian content in emerging media systems than Australians have come to expect in broadcast television. Some will interpret this simply as an articulation of the policy impotence which will inevitably flow from technological change. Others will recognise it as a partial, but historic, concession of Australian policy capacity and a broad acceptance of the long-standing US agenda for the information economy — long and tough protections for intellectual property rights, but increasingly liberal global markets for trading them. This article explains the provisions of AUSFTA and examines their effect on Australian audiovisual and cultural activities.
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Lilienthal, Gary, and Nehaluddin Ahmad. "AUSTRALIAN ABORIGINAL HUMAN RIGHTS AND APPREHENDED BIAS: SKIRTING MAGNA CARTA PROTECTIONS?" Denning Law Journal 27 (November 16, 2015): 146–77. http://dx.doi.org/10.5750/dlj.v27i0.1104.
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The significance of this paper is in discussion of the wholesale obliteration of religious and other rights among Australian Aboriginal people, constituting a subspecies of continuing genocide. The Constitution of the Commonwealth of Australia states its directive on religion as follows.‘The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.’This constitutional section prohibits the making of laws, as stated, but does not prohibit administrative action imposing religious procedures. Neither does it prohibit official administrative action to restrain the free exercise of religion in Australia.
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CREGAN, KATE. "Sex Definitions and Gender Practices." Cambridge Quarterly of Healthcare Ethics 23, no. 3 (May 27, 2014): 319–25. http://dx.doi.org/10.1017/s0963180113000923.
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Abstract:In recent years the Australian parliament has been considering the rights to protection from discrimination of intersex and gender identity disorder (GID) people. In 2013 such protections were made law in the amendment to the Sex Discrimination Act 1984, which in turn has influenced Senate inquiries into the medical treatment of intersex people. This year’s Australian report describes the purview and the potential ramifications of the inquiry of the Senate Standing Committees on Community Affairs, published in October 2013, into the involuntary or coerced sterilization of intersex people in Australia.
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Wright, Chris F. "Australian industrial relations in 2016." Journal of Industrial Relations 59, no. 3 (May 22, 2017): 237–53. http://dx.doi.org/10.1177/0022185617701513.
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This article introduces the Journal of Industrial Relations Annual Review of Industrial Relations in 2016. It first discusses key industrial relations developments over the past year in Australia, with a particular focus on the federal election and its aftermath. The article then examines the growing challenges relating to inequality in the Australian labour market and the declining effectiveness of industrial relations actors and institutions in addressing these challenges. It then considers the implications for Australian industrial relations of two seismic international political developments over the past year heralding the ascent of a protectionist policy paradigm: the UK’s ‘Brexit’ referendum and Donald Trump’s election as US President. Finally, the article provides an overview of the articles contained in the Annual Review issue.
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Newman, Andrew. "The Legal In/Security of Temporary Migrant Agricultural Work: Case Studies from Canada and Australia." Deakin Law Review 18, no. 2 (December 1, 2013): 361. http://dx.doi.org/10.21153/dlr2013vol18no2art43.
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Despite differing labour law systems and program structures, temporary migrant agricultural workers under the Canadian Seasonal Agricultural Worker Program and Australian Seasonal Worker Program often possess minimal security of employment rights and protections, despite potentially lengthy periods of consecutive seasonal service to the same employer. Such lesser rights and protections are partly due to the central role played by continuity of service in determining the length of reasonable notice periods and the strength of unfair dismissal protections and stand-down/recall rights. Although it is often presumed that the temporary duration of the seasonal work visa necessarily severs the legal continuity of the employment relationship, such is not the case. This article argues that security of employment rights and protections can be re-conceptualised to recognise non-continuous seasonal service within the current parameters of a fixed-term work visa. In both Canada and Australia this could be accomplished through contractual or collective agreement terms or through the amendment of labour law legislation. Such reforms would recognise a form of unpaid ‘migrant worker leave’, whereby the legal continuity of employment would be preserved despite periods of mandatory repatriation, thus allowing accrual of security of employment rights and protections.
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Marthaller, Jarrad. "The Impact of NAFTA on Australia’s Trade and the Implications of Preferential Trade." Political Science Undergraduate Review 2, no. 1 (October 15, 2016): 78–84. http://dx.doi.org/10.29173/psur67.
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This article will be exploring and evaluating trade relations between Australia and The United States of America, with a particular focus on the effects of NAFTA (North American Free Trade agreement) on the amount of trade between these two countries. I used trade data available over a narrow span of several decades in order to create several tables that document the change in volume of trade between Australia and The United States in an attempt to demonstrate that NAFTA and Preferential Trade Agreements in general run contrary to the principles of free trade that the World Trade organization espouses. By showing a strong relation between a downturn in the demand for Australian exports and the timing of the NAFTA’s signing, I show that Preferential Trade Agreements such as NAFTA and more recently, the Trans-Pacific Partnership may be leading to protectionist regional blocs.
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Stewart, Terence P. "Trade Remedy Actions by WTO Members: A Cause for Concern or a Reflection of Improved Market Access?" Global Trade and Customs Journal 8, Issue 6 (June 1, 2013): 159–63. http://dx.doi.org/10.54648/gtcj2013020.
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The first countervailing duty law dates from the late nineteenth century when the US enacted a law to address sugar subsidies provided by Russia. Canada enacted the first anti-dumping law in 1904, and the US introduced the right to use safeguard measures in the US-Mexico reciprocal trade agreement of 1942. In the late 1940s, these trade remedies were included in the General Agreement on Tariffs and Trade (GATT). Before 1995, however, their use was mainly limited to developed countries at the forefront of trade liberalization. Before the Uruguay Round, many countries had made only limited tariff bindings and had little need for trade remedies to address import problems. Since the Uruguay Round, which established the World Trade Organization (WTO) in 1995 and required all Members to bind the vast majority of their tariff lines, many more countries have found trade remedies to be a necessary tool to address import problems. Over the first eighteen years of the WTO's existence, the number of users of trade remedies (antidumping, countervailing duty, and safeguard actions) has increased and these measures are now used by both the traditional users of such remedies (e.g., US, EU, Canada, Australia) and by new users (e.g., India, Argentina, Brazil, China, Turkey, Egypt). Some ask whether the use of the internationally negotiated trade remedy tools within the WTO by a wide range of countries (both old and new users) is a cause of concern or a positive sign. In the author's view, the increased use of trade remedies within the WTO is a positive sign for the global trading system, and not a cause for concern. Resort to trade remedies is not a sign of protectionism but an integral part of the trading system which can help Member nations expand their trade liberalization. However, the WTO needs to be concerned about the abuse of trade remedies by WTO Members who appear to have used trade remedies as a form of retaliation against trading partners pursuing their WTO rights.
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Babie, Paul. "Religious Freedom and Education in Australian Schools." Laws 10, no. 1 (January 30, 2021): 7. http://dx.doi.org/10.3390/laws10010007.
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This article examines the constitutional allocation of power over primary and secondary education in Australia, and the place of and protection for freedom of religion or belief (FoRB) in Australian government and religious non-government schools. This article provides both an overview of the judicial treatment of the constitutional, legislative, and common law protection for FoRB and a consideration of emerging issues in religious freedom in both government and religious non-government schools, suggesting that the courts may soon be required to provide guidance as to how the available protections operate in both settings.
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Nebhan, Katy. "Revulsion and Reflection." Australian Journal of Islamic Studies 3, no. 3 (February 14, 2019): 44–60. http://dx.doi.org/10.55831/ajis.v3i3.151.
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Since the 1980s, much has been made about the lives of Australia’s first Muslim settlers, the ‘Afghan cameleers’, their pioneering achievements and the suffering they endured through Australia’s discriminatory policies and immigration laws. However, little, if any, academic attention has been given to the converts to Islam during this same period, many of whom were striving to rid the Australian public of misconceptions surrounding their new faith to end this discrimination and ignorance.
This article briefly looks at the way Australia’s news media presented and perceived Australian Muslims from the arrival of the first cameleer settlers in the 1860s to the first few decades of the twentieth century when ‘White’ converts were increasing and unwittingly propelling Islam onto the public stage. While protectionist policies, particularly leading up to Federation, saw numerous unfavourable images of ‘coloured’ Muslims in the Australian print media, there was a subtle but significant change at the turn of the twentieth century. While the White Australia Policy stood in the face of Australia’s Asiatic Muslims, it was largely irrelevant to the growing number of European and Australian converts who sought to subvert it in order to lift the Australian Muslim community of which they were part.
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Byerlee, Derek. "The Super State: The Political Economy of Phosphate Fertilizer Use in South Australia, 1880–1940." Jahrbuch für Wirtschaftsgeschichte / Economic History Yearbook 62, no. 1 (April 30, 2021): 99–128. http://dx.doi.org/10.1515/jbwg-2021-0005.
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Abstract From 1882 to 1910 superphosphate was almost universally adopted by wheat farmers in South Australia. A supply chain perspective is used to link the mining of phosphate rock in distant Pacific islands to the final application of superphosphate in the fields of Australian wheat farmers. Farmers and private manufacturers led the adoption stage in the context of a liberal market regime and the role of the state at this stage was limited although strategic. After 1920, the role of the state in the industry sharply increased in all phases of the industry. A political economy perspective is used to analyse state-ownership of raw material supplies and protectionist policies to manufacturers that resulted in high prices in Australia by 1930. Numerous government reviews pitted the interests of farmers and manufacturers leading to a complex system of tariffs and subsidies in efforts to serve all interests. Overall, the adoption of superphosphate was a critical factor in developing productive and sustainable farming systems in Australia, although at the expense of Pacific Islanders who prior to WWII received token benefits and were ultimately left with a highly degraded landscape.
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Manwaring, Kayleen. "‘Click Here to (Dis)agree’: Australian Law and Practice in Relation to Informed Consent." Global Privacy Law Review 3, Issue 3 (September 1, 2022): 127–49. http://dx.doi.org/10.54648/gplr2022015.
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This article provides a detailed examination of issues with the legislative framework meeting consumer expectations in relation to informed consent, particularly in relation to the Privacy Act 1988 (Cth) and the Australian Consumer Law (ACL). It also discusses two potential areas that might assist in fleshing out the current minimalist legislative definition of consent: namely case law and guidelines issued by the Australian privacy regulator, the Office of the Australian Information Commissioner (the OAIC Guidelines). However the case law available in this area is sparse and provides little guidance. Additionally, the non-binding OAIC Guidelines, while referred to frequently in privacy determinations, appear to have little real effect in influencing the data practices of many firms. The article concludes that the current approach to regulating ‘consent’ has not provided adequate protections for consumers in light of extensive empirical evidence regarding consumer privacy preferences and attitudes regarding data practices. Australia, Data Protection, Privacy, Informed Consent
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El-Matrah, Joumanah, and Kamalle Dabboussy. "Guilty When Innocent. Australian Government’s Resistance to Bringing Home Wives and Children of Islamic State Fighters." Social Sciences 10, no. 6 (May 31, 2021): 202. http://dx.doi.org/10.3390/socsci10060202.
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Currently there are 20 Australian women and 47 children being held in the Al-Roj camp in Northern Syria, who are the family members of Islamic State fighters. The Australian government argues that it is both unsafe for government officials to rescue those held in the camp and unsafe for Australia to repatriate these women and children. This security rhetoric is commonly understood as Australia’s abandonment of its citizens and their entitlements to protection and repatriation. This paper argues that the Australian government is condemning its citizens to a condition of statelessness and displacement, simulating the following conditions under which refugees and asylum seekers are forced to live: murder, violence, deprivation of adequate food and shelter, disease, and the potential hazards of the COVID-19 infection. Rendering its citizens to a condition of statelessness and displacement constitutes both punishment meted out on those deemed guilty by their presence in Syria, and provides the Australian government the opportunity to revoke the citizenship of women and children. Three Australian women who travelled to Syria have already been stripped of their Australian citizenship. This paper explores the conditions and methods by which the Australian government has erased the entitlements, protections and certainty of citizenship for Australian Muslim women and children.
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Howe, Joanne, and Suzanne Le Mire. "MEDICAL REFERRAL FOR ABORTION AND FREEDOM OF CONSCIENCE IN AUSTRALIAN LAW." Journal of Law and Religion 34, no. 1 (April 2019): 85–112. http://dx.doi.org/10.1017/jlr.2019.14.
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AbstractThis article examines legislative changes related to abortion regulation in Australia that create obligations of medical referral on practitioners who have a conscientious objection to abortion. Despite a significant Australian history of accepting secularized conscience claims, particularly in the field of military conscription, the limitation of conscience claims about abortion can be traced to a failure to appreciate the significant secular arguments that can be made to support such claims. We draw on arguments of plurality and pragmatism as capable of providing a firm foundation for legislative protections of freedom of conscience in the case of medical referral for abortion. These justifications are not dependent on religious grounds, and therefore they have the potential to be relevant and persuasive in a secular society such as Australia. Acceptance of a pluralistic argument in favor of freedom of conscience is a powerful commitment to the creation of a society that values human autonomy and a diversity of opinion. It sits comfortably with the democratic values that are enshrined in the Australian political system and institutions. It avoids the potential damage to the individual that may be wrought when conscience is overridden by state compulsion.
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Schofield, Lisa. "2018 offshore petroleum exploration acreage release." APPEA Journal 58, no. 2 (2018): 465. http://dx.doi.org/10.1071/aj17103.
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The Australian Government’s 2018 offshore petroleum exploration acreage release was announced by the Commonwealth Minister for Resources and Northern Australia, Senator the Hon Matthew Canavan at the 2018 APPEA conference. This paper provides insights into the processes that the Australian Government has undertaken to select the final release areas and goes into detail on the ongoing petroleum related activities of the Department of Industry, Innovation and Science (the Department). The annual acreage release is a central component of ensuring ongoing, sustainable and responsible investment in Australia’s offshore petroleum sector. The annual acreage release remains the primary mechanism for securing investment in offshore oil and gas exploration in areas of known petroleum potential and new geological frontiers. Continued exploration for oil and gas in Commonwealth waters is a central component of ensuring Australia’s future energy security. Australia’s well established and independent environmental regulator, NOPSEMA (the National Offshore Petroleum Safety and Environmental Management Authority), ensures all petroleum activities in Commonwealth waters are performed safely and in an environmentally responsible manner. Combined with NOPTA’s (National Offshore Petroleum Titles Administrator) leading practice titles administration, Australia remains an attractive investment destination while offering industry leading environmental protections and ensuring safe working conditions industry-wide. Australia offers investors access to data, secure tenure, a stable economic environment and a well-established transparent regulatory system for offshore petroleum activities. A key driver for sustainable activity in Australia is the acceptance of multiple use access to Australia’s marine resources. Recognising this, the department consults with a range of stakeholders on the areas it proposes to release for petroleum exploration. This consultation process provides an opportunity for all interested parties to provide comments and feedback on the areas proposed and in particular highlight how interested parties or the areas might be impacted by exploration activities. The 21 areas in the 2018 offshore petroleum exploration acreage release are located in the offshore areas of Western Australia, South Australia, Victoria and the Ashmore-Cartier Islands. These areas will enable the next wave of investment in the Australian resources sector, and the prospect of new oil, gas and condensate production.
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Sinclair, John. "Television and Australian Content: Culture and Protections." Media Information Australia 63, no. 1 (February 1992): 23–28. http://dx.doi.org/10.1177/1329878x9206300107.
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Puszka, Helena, Jeff Shimeta, and Kate Robb. "Assessment on the effectiveness of vessel-approach regulations to protect cetaceans in Australia: A review on behavioral impacts with case study on the threatened Burrunan dolphin (Tursiops australis)." PLOS ONE 16, no. 1 (January 19, 2021): e0243353. http://dx.doi.org/10.1371/journal.pone.0243353.
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Vessels cause considerable disturbance to cetaceans world-wide, with potential long-term impacts to population viability. Here we present a comprehensive review of vessel impacts to cetacean behavior in Australian waters (2003–2015), finding inadequate protections to be in place. The majority of these studies found trends of decreased animal travel and resting behavioral states as well as low compliance to regulations, and they recommended further regulatory action such as greater enforcement or monitoring, or passive management strategies. As a case study, we conducted the first field assessment of vessel compliance with the Wildlife (Marine Mammal) Regulations 2009 in Gippsland Lakes, Australia, and provide the first assessment of the endangered Gippsland Lakes Burrunan dolphin (Tursiops australis) population’s behavioral ecology. Dolphin behavior and vessel regulation compliance data were collected during boat-based surveys of Gippsland Lakes from July 2017 to January 2018, with a total of 22 dolphin group sightings resulting in 477 five-minute point samples. 77% of dolphin sightings involved vessel interactions (within 400 m), and 56 regulation breaches were observed. These breaches were most severe in summer (mean = 4.54 breaches/hour). Vessels were found to alter dolphin behavior before, during, and after interactions and regulation breaches, including increased mating (mate guarding) and milling behavioral states, and increased ‘fish catch’, ‘high leap’ and ‘tail slap’ behavioral events. These behavioral changes may indicate masking of the dolphins' acoustic communication, disturbance of prey, increased dolphin transition behaviors, and/or induced stress and changes to group structure (including increased mate guarding). While our results provide evidence of short-term altered behavior, the potential for long-term effects on population dynamics for this threatened species is high. In the context of reported inadequate cetacean protection Australia-wide, our management recommendations include greater monitoring and enforcement, and the utilisation of adaptive management.
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Mortimer, Anastasia, Temitope Egbelakin, and Willy Sher. "Policy interventions for disaster-related internal displacement in Australia." IOP Conference Series: Earth and Environmental Science 1101, no. 2 (November 1, 2022): 022030. http://dx.doi.org/10.1088/1755-1315/1101/2/022030.
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Abstract It is projected that internal displacement of populations in the aftermath of natural hazards will occur more frequently due to climate change [1]. However, to date, 35 nations have implemented policy or legal protections at a national level to plan for displacement or to protect the rights of internally displaced people (IDPs) [2]. While no cohesive national strategy for internal displacement has been developed in Australia, a thematic analysis of climate change, disasters, and emergency management policies was conducted to determine if Australian policy acknowledges the issue of internal displacement or plans for its effects. The study found that Australian policy fails to recognise the needs of IDPs and the threat of displacement risk. The failure of national governments to implement policy and legislation on internal displacement has the potential to undermine the 2030 Agenda for Sustainable Development and stifle the progression of international initiatives such as the Sendai Framework and the Paris Climate Agreement. Furthermore, the lack of recognition for the issue at the governmental level contributes to disaster displacement risk creation, placing vulnerable populations at risk of displacement and associated stressors. As displacement governance is an integral part of addressing the human impacts of climate change and natural hazards [3], this research suggests how displacement risk could be reduced in Australia through national-level policy interventions.
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Perkins, J. A. "Rehearsal for Protectionism: Australian Wool Exports and German Agriculture, 1830-80." Australian Economic History Review 25, no. 1 (January 1, 1985): 20–38. http://dx.doi.org/10.1111/aehr.251002.
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Gregory, Mark A. "Telecommunications Consumer Protections Are Vital." Australian Journal of Telecommunications and the Digital Economy 6, no. 1 (March 30, 2018): ii—iv. http://dx.doi.org/10.18080/ajtde.v6n1.150.
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Papers in the March 2018 issue of the Journal cover advances in telecommunications technologies and regulation, historical events, and book reviews. Looking more widely, the Australian Government has responded to the increase in complaints about telecommunications services by ordering yet another review. Telecommunications consumers are rightly concerned that access to reliable and modern telecommunications is a key aspect of life today. Telecommunications consumer protections are vital and there needs to be a timely response to the rapid rise in complaints that was accurately predicted four years ago by industry experts. The Journal would welcome contributions on this and other topics.
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Gregory, Mark A. "Telecommunications Consumer Protections Are Vital." Journal of Telecommunications and the Digital Economy 6, no. 1 (March 30, 2018): ii—iv. http://dx.doi.org/10.18080/jtde.v6n1.150.
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Papers in the March 2018 issue of the Journal cover advances in telecommunications technologies and regulation, historical events, and book reviews. Looking more widely, the Australian Government has responded to the increase in complaints about telecommunications services by ordering yet another review. Telecommunications consumers are rightly concerned that access to reliable and modern telecommunications is a key aspect of life today. Telecommunications consumer protections are vital and there needs to be a timely response to the rapid rise in complaints that was accurately predicted four years ago by industry experts. The Journal would welcome contributions on this and other topics.
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Muradin, Roldan, Michael Webber, Becky Mansfield, Neil Ward, Paul Robbins, and Chris Cocklin. "Reviews: Greening Trade and Investment: Environmental Protection without Protectionism, Workfare States, the Social Construction of the Ocean, Environmental Policy in the European Union, Knowledge of the Land: Land Resources Information and its Use in Rural Development, a Future for Regional Australia: Escaping Global Misfortune." Environment and Planning A: Economy and Space 34, no. 7 (July 2002): 1319–28. http://dx.doi.org/10.1068/a3407rvw.
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Roff, Emma. "Family violence and the workplace: Recent developments in Australian law." Alternative Law Journal 45, no. 1 (December 3, 2019): 45–51. http://dx.doi.org/10.1177/1037969x19887558.
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This article examines the workplace rights and anti-discrimination protections available for Australian workers who experience family violence. Despite the significance of family violence as a workplace issue, federal anti-discrimination law and, until recently, the Fair Work Act 2009 (Cth) have failed to provide adequate protection to such employees. The author considers two recent developments in Australian law which may provide more comprehensive rights and protections for family violence victims. Namely, the introduction of domestic violence leave by the Fair Work Amendment (Family and Domestic Violence Leave) Act 2018 (Cth) and the family violence attribute under the ACT Discrimination Act 1991.
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Fernandez, Joseph. "Journalists’ confidential sources: Reform lessons from recent Australian shield law cases." Pacific Journalism Review 20, no. 1 (May 31, 2014): 117. http://dx.doi.org/10.24135/pjr.v20i1.190.
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That journalism, especially journalism delving into serious impropriety, relies heavily upon a journalist’s ability to honour promises of confidentiality to sources, and therefore needs protection, has been well acknowledged. Former Attorney-General Philip Ruddock in proposing protection for journalists’ confidential sources—commonly referred to as shield law—in the first such major federal level initiative, said ‘[t]his privilege is an important reform to evidence law’ (Explanatory Memorandum, 2007); and in the circumstances then prevailing ‘the protection of journalists is too important an issue to wait’ (Philip Ruddock, Second Reading Speech, 2007). In one instance the court went so far as to say that the importance of source protection was ‘entirely unexceptionable and in accordance with human experience and common sense’ (Liu, 2010, para 51). Are journalists’ confidential sources better protected with the advent of statutory protection in several Australian jurisdictions? The media does not think so (MEAA, 2013). Former Attorney-General Mark Dreyfus observed towards the end of his term of office: ‘Recent court proceedings have highlighted the inadequacy of protections for journalists in some jurisdictions and lack of uniformity in laws across Australia’ (Dreyfus, 2013). The current Commonwealth government in relation to national uniform shield law is unclear. The Australian shield law framework beckons reform and recent events indicate some potential reform areas.
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MacDermott, Therese, and Joellen Riley. "Alternative Dispute Resolution and Individual Workplace Rights: The Evolving Role of Fair Work Australia." Journal of Industrial Relations 53, no. 5 (November 2011): 718–32. http://dx.doi.org/10.1177/0022185611419625.
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This article examines the dispute resolution practices of Fair Work Australia that are evolving to deal with individual workplace rights, as its traditional role shifts away from conciliating and arbitrating collective industrial disputes. The workplace rights enshrined in the ‘general protections’ provisions in Part 3-1 of the Fair Work Act 2009 protect employees and prospective employees from any ‘adverse action’ taken against them because they are exercising a workplace right, or because they fall within one of the protected categories, such as the right to be free from discrimination. A broad range of alternative dispute resolution processes is now available to Fair Work Australia in dealing with such disputes. Alternative dispute resolution processes are seen as a way of avoiding costly and time-consuming litigation, and in some circumstances can improve access to justice for individuals. This article explores whether Fair Work Australia is likely to adopt different dispute resolution approaches from its traditional conciliation practices when managing ‘general protections’ applications, and whether the framework for dealing with these disputes will facilitate fair recognition and enforcement of workplace rights.
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Harris, Bede. "Do the Queensland Regulations Governing the Refund of Motor Vehicle Registration Fees Breach s 92 of the Commonwealth Constitution?" Journal of Politics and Law 12, no. 4 (November 28, 2019): 8. http://dx.doi.org/10.5539/jpl.v12n4p8.
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The federal system in Australia imposes inconvenience on people. One of these inconveniences arises from the fact that each State and Territory has its own vehicle registration regime. In contrast to other States in Australia, purchasers of vehicles from outside Queensland suffer from a particular burden in that they are denied a refund of the unexpired portion of vehicle registration fees. In this article it is argued that that denial is unlawful both as a matter of the interpretation of the applicable Regulations and because it infringes s 92 of the Commonwealth Constitution, which prohibits the imposition of protectionist burdens on interstate trade and commerce.
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Jones, Tiffany, Emily Gray, and Anne Harris. "GLBTIQ teachers in Australian education policy: protections, suspicions, and restrictions." Sex Education 14, no. 3 (April 16, 2014): 338–53. http://dx.doi.org/10.1080/14681811.2014.901908.
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Paixão Casaca, Ana Cristina, and Dimitrios V. Lyridis. "Protectionist vs liberalised maritime cabotage policies: a review." Maritime Business Review 3, no. 3 (September 17, 2018): 210–42. http://dx.doi.org/10.1108/mabr-03-2018-0011.
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Purpose The development of the current European economic area maritime cabotage market occurred when, at a policy level, the European Union forced the opening of its member-states cabotage markets to Community shipowners and extended this openness, in 1997, to the european free trade area countries. A two-tier cabotage market emerged, where a European economic area legislative framework co-exists with the legislative acts of each member-state. With such a unique background, this paper aims to investigate both the European economic area member-states and the rest of the world cabotage regimes and identify a list of reasons and policy measures used to implement cabotage policies. Design/methodology/approach By means of a desk research methodological approach, this paper analyses, from a geographical perspective, different countries’ cabotage policies and classifies them, and identifies in a systematically way a set of reasons and policy instruments that support each of chosen policies approach. Findings The outcome indicates that only a few countries promote free liberalised cabotage services and that most countries favour protectionist cabotage policies, whose governments can control the number of foreign vessels participating in these trades. Cabotage regimes have been categorised and the reasons behind both policies and respective policy instruments have been identified. Originality/value Quite often, researchers only focus on the cabotage policies of the European economic area countries, the USA, Australia, Japan and South Korea. This paper value rests on its ability to incorporate cabotage policies from other African, Asian and Latin American countries and to update existing information on the subject. Overall, this paper paves the way to broaden the cabotage knowledge.
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Bourova, Evgenia, Ian Ramsay, and Paul Ali. "‘It’s easy to say “don’t sign anything”’: Debt problems among recent migrants from a non-English-speaking background." Alternative Law Journal 44, no. 2 (January 10, 2019): 127–32. http://dx.doi.org/10.1177/1037969x18817875.
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Legal protections are in place to allow Australians in financial hardship to avoid negative credit ratings and bankruptcy by negotiating alternative payment arrangements with creditors. This article draws upon focus groups with consumer advocates to investigate whether these protections are meeting the needs of recent migrants from a non-English-speaking background. The authors argue that recent migrants receive inadequate support with the financial aspects of settlement in Australia, creating barriers to the resolution of debt problems. They recommend measures that could reduce the vulnerability of recent migrants in consumer transactions and assist them to resolve debt problems before they escalate.
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Munro, Lyle. "Contesting Moral Capital in Campaigns Against Animal Liberation." Society & Animals 7, no. 1 (1999): 35–53. http://dx.doi.org/10.1163/156853099x00149.
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AbstractThis article addresses a countermovement to the animal liberation movement and its campaigns against vivisection, factory farming, and recreational hunting in the United States, the United Kingdom, and Australia. As moderate welfarists, pragmatic animal liberationists (Singer 1975), and radical abolitionists who advocate animal rights, animal protectionists campaign for animals. The countermovement defends acts that animal protectionists decry. Meanwhile, sociologists accord little study to interplay between the movements (Meyer & Staggenborg, 1996). In Buechler's and Cylke's collection of 34 papers on social movements (1997), only one paper focused on countermovements, describing the connection between social movement and countermovement as "a continuous dialect of social change" (Mottl, 1980). Although extensive writings exist on the main campaigns of the animal liberation movement, little scholarly material exists on the defenses mounted by the countermovement. This article examines key elements of a values war, a struggle over moral capital waged by animal protectionists and their countermovement opponents.
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Roskin-Frazee, Amelia. "Protections for Marginalised Women in University Sexual Violence Policies." International Journal for Crime, Justice and Social Democracy 9, no. 1 (February 24, 2020): 13–30. http://dx.doi.org/10.5204/ijcjsd.v9i1.1451.
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Higher education institutions in four of the top 20 wealthiest nations globally (measured by GDP per capita) undermine gender equality by failing to address sexual violence perpetrated against women with marginalised identities. By analysing student sexual violence policies from 80 higher education institutions in Australia, Canada, the United Kingdom, and the United States, I argue that these policies fail to account for the ways that race, sexuality, class and disability shape women’s experiences of sexual violence. Further, these deficiencies counteract efforts to achieve gender equality by tacitly denying women who experience violence access to education and health care. The conclusion proposes policy alterations designed to address the complex needs of women with marginalised identities who experience violence, including implementing cultural competency training and increasing institution-sponsored health care services for sexual violence survivors.
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Alexander, Nita, Theresa Petray, and Ailie McDowall. "More learning, less activism: Narratives of childhood in Australian media representations of the School Strike for Climate." Australian Journal of Environmental Education 38, no. 1 (December 9, 2021): 96–111. http://dx.doi.org/10.1017/aee.2021.28.
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AbstractThe School Strike for Climate campaign led to public discussion about children’s political participation. Children are generally excluded from formal political systems, however this campaign challenges mainstream attitudes that children are not sufficiently competent to participate in politics. This paper presents an analysis of Australian mainstream media representations of adult responses to the School Strike for Climate events held in Australia in March 2019. When analysed against theories of childhood, two primary narratives are reflected in what adults said about children’s participation in the campaign. Anticipatory narratives focus on children appropriately developing into adults, and are represented by the notion that strikers should be in school, be punished for missing school, and are ‘just kids’ who should not be listened to. Protectionist narratives seek to shelter children from adult matters, suggesting strikers were brainwashed and raising welfare concerns. Neither of these narratives regard children as citizens capable of political voice, despite these children acting prefiguratively to create a world in which their civic participation is valued. Social movement theories of prefiguration are also explored in this paper, providing a counter argument to suggestions that children have no political agency and should be excluded from activism and discussions regarding climate change.
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Poulos, Elenie. "Constructing the Problem of Religious Freedom: An Analysis of Australian Government Inquiries into Religious Freedom." Religions 10, no. 10 (October 18, 2019): 583. http://dx.doi.org/10.3390/rel10100583.
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Australia is the only western democracy without a comprehensive human rights instrument and has only limited protection for religious freedom in its constitution. It was Australia’s growing religious diversity—the result of robust political support for multiculturalism and pro-immigration policies in the post-war period—that led to the first public inquiry into religious freedom by an Australian statutory body in 1984. Responding to evidence of discrimination against Indigenous Australians and minority religious groups, the report detailed the need for stronger legal protections. By 2019, Australia’s religious freedom ‘problem’ was focused almost solely on the extent to which religious organizations should be allowed to discriminate against LGBTIQ people. Using the What’s the Problem Represented To Be? approach to policy analysis, this paper explores the changing representation of the ‘problem’ of religious freedom by examining all public, parliamentary and statutory body reports of inquiries into religious freedom from 1984 to 2019. In their framing of the problem of religious freedom, these reports have contributed to a discourse of religious freedom which marginalizes the needs of both those who suffer discrimination because of their religion and those who suffer discrimination as a result of the religious beliefs of others.
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Bedggood, David. "REVIEW: 'Recolonisation' of the Pacific via 'free' trade." Pacific Journalism Review : Te Koakoa 10, no. 2 (September 1, 2004): 215–17. http://dx.doi.org/10.24135/pjr.v10i2.816.
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Review of Big Brothers Behaving Badly: The implications for the Pacific Islands of the Pacific Agreement on Closer Economic Relations, report by Jane Kelsey commissioned by the Pacific Network on Globalisation (PANG).Jane Kelsey has added to her long list of informative and critical publications this recent attack on Australia and New Zealand's role in forcing free trade onto the small Pacific nations. She accuses them of bullying these island states to remove tariffs, export subsides and protectionist measures in agriculture, so they can sell more goods to Pacific Island consumers.