Journal articles on the topic 'Trade regulation – Australia'
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1
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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Markey, Raymond, and Joseph McIvor. "Regulating casual employment in Australia." Journal of Industrial Relations 60, no. 5 (June 5, 2018): 593–618. http://dx.doi.org/10.1177/0022185618778084.
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The rise of precarious and non-standard working arrangements has received substantial attention in recent times. In Australia precarious work has been particularly associated with the phenomenon of casual work, defined as employment without the leave benefits provided by the National Employment Standards. Casual employment status is at the employers' discretion. It may be long term and involve short shifts of less than 4 hours. In the recent Modern Awards Review by the Australian Fair Work Commission, the Australian Council of Trade Unions submitted proposals to limit employers' ability to unilaterally determine the employment relationship and to reduce the degree of precariousness associated with casual employment. The Australian Council of Trade Unions sought the right for long-term casuals to convert to permanent employment and to extend minimum hours for shifts. This article surveys the evidence, primary and secondary, regarding the extent and nature of Australian casual employment, including its impact on flexibility, earnings security and productivity. In this context, we explore the implications of the Australian Council of Trade Unions claims and Fair Work Commission decision, and present data from a survey of casual employees regarding employment preferences. Whilst some employees prefer casual status, we find that many would benefit from protective regulations, and that most casuals support such regulation.
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Campbell, Iain. "Casual Employment, Labour Regulation and Australian Trade Unions." Journal of Industrial Relations 38, no. 4 (December 1996): 571–99. http://dx.doi.org/10.1177/002218569603800404.
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This article explores the implications for trade unions of the rapid expansion in Australia of casual employment—a distinctive form of non-standard employment characterized by a lack of entitlement to most employment benefits and forms of employment protection. The article summarizes the main features of casual em ployment and the evidertce for its growth since 1982. It highlights the role of award regulation in shaping casual employment. Casual employment is identified as unprotected employment, which survived within the award system and indeed flourished in the gaps created by officially sanctioned exemptions from protection and limits in the enforcement and reach of award regulation. Labour market deregulation in the 1990s has in turn widened these gaps and facilitated both an expansion of casual employment and an extension of some casual conditions of employment into sections of the permanent workforce. These developments offer a major challenge to Australian trade unions. They underline the failure of tradi tional trade union policies, oriented to a simple rejection of all forms of non- standard employment. They pose a threat both to the set of employment rights and benefits slowly built up by trade union action in the course of past decades and to the legitimacy of trade unions as representative institutions. Australian trade unions are still struggling to come to grips with this threat. Traditional policies remain dominant, but recent trade union policy and practical efforts point towards a new approach that builds on a less hostile and more discriminating attitude to non-standard employment. In relation to the crucial issue of labour regulation the new approach pivots on the important theme of decasualization. The direction of change is promising. But the article argues that the new approach remains weak and underdeveloped as a result of its narrow orientation to the redesign of agreements within the shrinking sphere of effective regulation, its focus on casual status rather than casual conditions of employment and its inability to find effective levers for implementation
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Healey, Deborah J. "Strange Bedfellows or Soulmates: A Comparison of Merger Regulation in China and Australia." Asian Journal of Comparative Law 7 (2012): 1–40. http://dx.doi.org/10.1017/s219460780000065x.
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AbstractChina and Australia are extremely significant trade partners and investors. Australia has a very well established competition law, now called the Competition and Consumer Law 2010, with a well-established merger regime. China has a relatively new competition law, the Anti-Monopoly Law 2007. This article compares merger control in the two jurisdictions. The Ministry of Commerce (MOFCOM) has already referred to an Australian decision in rejecting a merger, the only reference to a foreign decision to date, which confirms the utility of the comparison. This article critically evaluates the determinations of MOFCOM and compares the approach of the Australian Competition and Consumer Commission (ACCC), the Australian regulator. It assesses the transparency and predictability of procedures and decision-making in the two jurisdictions.
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Griff, Catherine, and Drew MacRae. "Flexible Vision: Emerging Audiovisual Technologies and Services, and Options to Support Australian Content." Media International Australia 111, no. 1 (May 2004): 23–33. http://dx.doi.org/10.1177/1329878x0411100105.
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The Australian audiovisual industry is facing two significant policy challenges — rapid technological change and trade liberalisation — both of which have the potential to limit the scope of government regulatory action to support local content. The Australia–United States Free Trade Agreement (AUSFTA) brought into focus both of these challenges, with Australia's ability to regulate future audiovisual delivery services becoming a central issue of the services negotiations. This article draws upon recent research by the Australian Film Commission on regulatory options to ensure the ongoing availability of Australian content via new media. Internationally, many new media technologies are now regulated to support local content, and many governments are reviewing content regulation options on digital and interactive delivery systems. This article discusses the merits of the key policy levers available to government in order to support the continued presence of Australian content in new services and delivery technologies.
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Susanto, Danar Agus. "Isu Standar Pada Perdagangan Indonesia-Australia Dalam Kerja Sama IACEPA." Buletin Ilmiah Litbang Perdagangan 13, no. 1 (July 31, 2019): 21–46. http://dx.doi.org/10.30908/bilp.v13i1.334.
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Abstrak
Salah satu isu penting terkait kerja sama perdagangan Indonesia - Australia Comprehensive Economic Partnership Agreement (IACEPA) adalah ‘standar’. Isu standar berhubungan dengan kepentingan konsumen, kesehatan dan keamanan, perlindungan lingkungan dan manajemen, sehingga berkaitan dengan hubungan perdagangan dan internasionalisasi produk. Isu standar pada IACEPA perlu diperhatikan dan dianalisis karena dapat menjadi kendala atau hambatan dalam hubungan perdagangan Indonesia dan Australia. Penelitian bertujuan untuk menganalisis pola perdagangan Indonesia-Australia termasuk membahas isu standar yang mungkin akan menjadi hambatan dan kendala dalam IACEPA. Hasil penelitian menunjukkan bahwa Australia merupakan rekan perdagangan yang penting bagi Indonesia dan begitu juga sebaliknya. Antara kedua negara, proses perdagangan bersifat saling melengkapi atau komplementer. Keterlibatan dan partisipasi Australia dalam forum pengembangan standar internasional lebih besar daripada Indonesia. Australia juga memiliki posisi tawar dan pengaturan yang lebih kompleks, baik dari segi kuantitas maupun kualitas dalam perdagangan bilateral pada sektor electrotechnology, energy, manufacturing, processing, building dan construction. Semua sektor ini memiliki 64% dari 1743 standar di Australia yang dapat berpotensi menjadi hambatan perdagangan bagi Indonesia. Penelitian ini merekomendasikan bahwa Indonesia dan Australia perlu melakukan kesepakatan terkait penerapan standar terhadap suatu produk dan perjanjian saling pengakuan dan saling keberterimaan atas hasil sertifikasi.
Kata Kunci: IACEPA, Standar, Regulasi Teknis, Standardisasi dan Penilaian Kesesuaian
Abstract
One of the important issues on the Indonesia - Australia Comprehensive Economic Partnership Agreement (IACEPA) is a standard. Standard relates to consumer interests, health and safety, environmental protection and management, therefore its relates to trade and product internationalization. The standard issue is important to be considered and analysed as it can be an obstacle in trade relations between Indonesia and Australia. The purpose of the study was to analyze Indonesia-Australia trade patterns and to discuss the standardization issue that might become constraints in IACEPA. The results showed that Australia is an important trading partner for Indonesia and vice versa. Between the two countries, the trade process is complementary. Australia's involvement and participation in the forum for developing international standards is greater than that of Indonesia. Australia also has a more complex bargaining position and arrangements, both in terms of quantity and quality in bilateral trade in the sector of electrotechnology, energy, manufacturing, processing, building and construction. All of these sectors have 64% of the 1743 standards-based technical regulations in Australia that could potentially be a trade barrier for Indonesia. The study recommended Indonesia and Australia need to agree the implementations of standards on particular products and mutual recognition arrangements on certifications.
Keywords: IACEPA, Standard, Technical Regulation, Standardization and Conformity Assessment
JEL Classification: F12, F13, F63, G18, L15
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Faunce, Thomas, Jimmy Bai, and Duy Nguyen. "Impact of the Australia–US Free Trade Agreement on Australian medicines regulation and prices." Journal of Generic Medicines 7, no. 1 (January 2010): 18–29. http://dx.doi.org/10.1057/jgm.2009.40.
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Gunst, Andrew. "Carbon pollution (greenhouse gas) measurement and reporting." APPEA Journal 50, no. 1 (2010): 649. http://dx.doi.org/10.1071/aj09042.
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Carbon reporting and emissions trading in Australia—both of which, in 2007, seemed unlikely—came into effect with the implementation of mandatory data reporting from July 2008 (Australia) and January 2010 (USA); the onus lies with emitting corporations to determine whether they must report. At the time of writing it is also likely that Australia and the USA will join Europe in placing a price on carbon by 2013. The background to the Australian regulations will be explored in this paper, along with comparisons made to regulations in other jurisdictions, including the new reporting scheme in the USA. To date, much of the public discussion in these countries has centred on the financial aspects of a carbon tax or emissions trading scheme; however, significant challenges exist in identifying and quantifying the emissions that the financial community seeks to trade, and business community understanding of the details of greenhouse emissions is not strong. Case studies from the Australian oil and gas and related industries will be used to explain counter-intuitive aspects of greenhouse gas emissions and their regulation, and to illustrate challenges in emissions measurement and reporting.
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Chursina, Tatyana I. "SOME ASPECTS OF LEGAL REGULATION OF DIGITAL TRADE IN AUSTRALIA." Public international and private international law 1 (February 5, 2020): 46–48. http://dx.doi.org/10.18572/1812-3910-2020-1-46-48.
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Faunce, Thomas A., Kellie Johnston, and Hilary Bambrick. "The Trans-Tasman Therapeutic Products Authority: Potential AUSFTA Impacts on Safety and Cost-Effectiveness Regulation for Medicines and Medical Devices in New Zealand." Victoria University of Wellington Law Review 37, no. 3 (September 1, 2006): 365. http://dx.doi.org/10.26686/vuwlr.v37i3.5574.
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Australia and New Zealand have agreed in principle to the creation of a single agency for the regulation of pharmaceuticals and other therapeutic products in a trans-Tasman market. The Australia New Zealand Therapeutic Products Authority (ANZTPA) is being developed to replace both the Australian Therapeutic Goods Administration (TGA) and the New Zealand Medicines and Medical Devices Safety Authority (Medsafe). This article explores the possibility that the ANZTPA, by inheriting significant obligations imposed on the TGA under the Australia-United States Free Trade Agreement (AUSFTA), may significantly impact upon the regulation of medicines and medical devices (as well as blood products) in New Zealand. It explores the related legal obligations and their likely consequences for New Zealand: particularly quality, safety, efficacy and cost-effectiveness evaluation processes in this area, such as those of the New Zealand Pharmaceutical Management Agency (Pharmac).
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Chaudhri, Radhika. "Animal Welfare and the Wto: The Legality and Implications of Live Export Restrictions under International Trade Law." Federal Law Review 42, no. 2 (June 2014): 279–307. http://dx.doi.org/10.22145/flr.42.2.3.
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In Australia, controversial incidents regarding the treatment of live animals exported from Australia spark regular debate on whether the live export trade should be banned or more tightly regulated. Government responses to public outcry often take the form of restrictions on the trade of the animals concerned, but the legality of unilateral measures of this kind is yet to be directly considered by the World Trade Organization's Appellate Body. This article examines the legality of imposing restrictions on live export under the international trade law regime set up by the General Agreement on Tariffs and Trade 1994 (‘GATT’),1 and in particular, whether such measures could be justified under Article XX. In exploring this question, special attention is given to the Australian government's new regulatory framework, as introduced by the Export Control (Animals) Amendment Order 2012 (No 1), which imposes an exporter supply chain assurance obligation on Australian suppliers. In addition, in light of the continued calls from animal welfare groups to ban the trade entirely, the legality of a complete moratorium on live exports will also be considered. Although the exceptions in Articles XX(b) and XX(g) of the GATT appear to be relevant to live exports, ultimately any regulation might be best supported under the ‘public morals’ exception in Article XX(a). However, care will need to be taken in the design of any restriction to avoid breaching the strict chapeau requirements of Article XX.
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Voon, Tania. "Flexibilities in WTO Law to Support Tobacco Control Regulation." American Journal of Law & Medicine 39, no. 2-3 (June 2013): 199–217. http://dx.doi.org/10.1177/009885881303900201.
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Cases concerning the regulation of tobacco have long existed within the World Trade Organization (WTO) and its predecessor, the General Agreement on Tariffs and Trade 1947 (GATT 1947), although often these cases have not centered on the detrimental health impact of tobacco products. With the 2012 circulation of the Report of the WTO Appellate Body in U.S.—Clove Cigarettes, the potential friction between international trade law and tobacco regulation in the context of public health has come to the fore. In that Report, the Appellate Body found in part against the United States’ flavored cigarette ban. Combined with the ongoing WTO challenges to mandatory plain tobacco packaging in Australia—Tobacco Plain Packaging, governments might begin to fear that the WTO agreements represent an insurmountable barrier to ambitious tobacco control measures. However, careful examination of the Clove Cigarettes case alongside the two other recent Appellate Body Reports (U.S.—Tuna II (Mexico)5 and U.S.—COOL6) on the WTO's Agreement on Technical Barriers to Trade (TBT Agreement)7 demonstrates that the TBT Agreement has ample flexibility to accommodate health objectives underlying tobacco regulation.
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Andriani, Yeti. "Implikasi Perjanjian Kemitraan Ekonomi Komprehensif Indonesia-Australia (IA-CEPA) terhadap Perdagangan Luar Negeri Indonesia." Andalas Journal of International Studies (AJIS) 6, no. 1 (May 1, 2017): 79. http://dx.doi.org/10.25077/ajis.6.1.79-92.2017.
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This research is used to see IA-CEPA's contribution to trade of both countries especially to Indonesian foreign trade. With the research question, what is the economic implication of this economic partnership agreement politics, especially related to Indonesian trade sector? Adam Smith's theory in this research is that the liberal economy is closely related to the world economic development, an idea that requires the liberty of individuals or economic units to achieve their interests and an invisible hand can facilitate economic regulation and achieve high economic efficiency and growth, the government should not interfere and instead let the market run on its own mechanism. Added by David Ricardo that mutual interest is generated is a mutual interest-based benefit of the trade. The method used is qualitative method that is method with purpose to explain topic in detail. The result of this research is the IA-CEPA agreement can facilitate the access of Indonesian market and foreign trade to Australia.Key Words: Liberal Economics, IA-CEPA, Trade
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King, Michael. "Profiting from a tainted trade: private investigators’ views on the popular culture glamorisation of their trade." Journal of Criminological Research, Policy and Practice 7, no. 2 (February 17, 2021): 112–25. http://dx.doi.org/10.1108/jcrpp-07-2020-0050.
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Purpose The public fascination for private investigators has led to an abundance of imagery in popular culture media. This study aims to examine the views of practising private investigators regarding their professional images of dirty work. Design/methodology/approach To fill the gap in the literature, this study used data collected from semi-structured interviews with 33 industry practitioners from 3 Australian states. The paper investigates private investigator’s perceptions about themselves/job roles and the public perceptions of private investigators in Australia. Interviews were recorded and transcripts created. A thematic analysis of the interview transcripts was undertaken. Findings Private investigators were drawn from a range of professions, including public policing and government regulation. The findings indicate that the reality differs from the images typically portrayed in popular culture. Interviewees discussed the contrasts between media images and reality, providing a more complex portrayal of private investigation and what private investigators find satisfying and challenging about their work. Practical implications This study is helpful for improving the understanding of private policing, the media views of policing, those who conduct work within an environment considered to be tainted and their views of self. Originality/value Using a qualitative research design, this paper offers insights into the challenges facing private investigators and how they reconcile being in a tainted occupation with providing a necessary service to the community.
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Gascoigne, Catherine E. "‘Seeing the Wood for the Trees’: Revisiting the Consistency of Australia’s Illegal Logging Act with the Law of the World Trade Organization." Journal of Environmental Law 33, no. 2 (March 1, 2021): 395–422. http://dx.doi.org/10.1093/jel/eqab005.
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Abstract In the absence of coordinated multilateral action, many countries seek to address environmental harm occurring in foreign jurisdictions by introducing measures that regulate the importation of certain products. In Australia, the Illegal Logging Prohibition Act 2012 (Cth) and the Illegal Logging Prohibition Regulation 2012 (Cth) prohibit the import of timber that has been harvested in a manner that is contrary to the laws of the harvesting country. One unsettled question is whether the measure is inconsistent with the law of the World Trade Organization. This article considers this question ahead of the Commonwealth Government’s 10-year review of the Measure. To this end, the article examines the consistency of the Act with the General Agreement on Tariffs and Trade and the Agreement on Technical Barriers to Trade. The findings of the article are relevant to Australia and to other countries that design and implement measures to regulate the importation of products for environmental objectives.
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Arcuri, Alessandra, Lukasz Gruszczynski, and Alexia Herwig. "Risky Apples Again? Australia – Measures Affecting the Importation of Apples from New Zealand." European Journal of Risk Regulation 1, no. 4 (December 2010): 437–43. http://dx.doi.org/10.1017/s1867299x00000933.
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The section on WTO law highlights the interface between international trade law and national risk regulation. It is meant to cover cases and other legal developments regarding the SPS, TBT and TRIPS Agreements and the general exceptions in both GATT 1994 and GATS as well as to inform about pertinent developments in recognized international standardization bodies and international law. Of recurrent interest in this area are questions of whether precautionary policies can be justified under WTO law, the standard of review with which panels and the Appellate Body assess scientific evidence and the extent to which policy can and should influence risk regulation.
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Rawling, Michael, and Eugene Schofield-Georgeson. "Industrial legislation in Australia in 2017." Journal of Industrial Relations 60, no. 3 (April 20, 2018): 378–96. http://dx.doi.org/10.1177/0022185618760088.
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This article examines key industrial legislation passed by federal Parliament in 2017. The main development in federal industrial legislation for this year, which passed with bipartisan support, saw a weakened Coalition Government (forced from its traditional industrial relations (IR) stance) act to improve protections for vulnerable workers. This initiative introduced extended liability provisions regulating franchisors and holding companies. However, these provisions are a narrow response to an economy-wide problem because they do not establish measures to better regulate supply chains, labour hire and gig economy arrangements for the protection of vulnerable workers. Back in more familiar territory, the Coalition Government managed to implement part of its agenda to further regulate unions by establishing legislation that criminalises bargaining payments by employers to unions. A constitutional crisis over the citizenship status of federal Parliamentarians prevented the Coalition Government from passing legislation designed to curtail trade union activities. The article also considers significant State legislative developments including the introduction of mandatory labour hire licensing laws in South Australia and Queensland, industrial manslaughter laws in Queensland and regulation of ridesharing arrangements in Victoria. The article concludes by contrasting federal criminal penalties against union activity with civil penalties for businesses that exploit vulnerable workers, before suggesting future directions in industrial legislation.
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Schofield-Georgeson, Eugene, and Michael Rawling. "Industrial legislation in Australia in 2019." Journal of Industrial Relations 62, no. 3 (April 2, 2020): 425–45. http://dx.doi.org/10.1177/0022185620911682.
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In this 2019 electoral year, a federal Morrison Liberal Government was returned to power with little in the way of an industrial agenda. It failed to implement its key legislation, which mainly included reform to union governance and changes to religious freedom in the workplace. Meanwhile, the state governments, particularly the Victorian Andrews Labor Government, reviewed a swathe of labour law, including wage theft, industrial manslaughter, owner–driver legislation and workers' compensation laws and implemented a host of progressive changes. This year has also seen the continuation of a key policy trend, observable at both state and federal levels of government, towards regulation of aspects of industrial relations by the state that were once exclusively the province of employers and trade unions through a twentieth-century system of conciliation and arbitration.
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Komarova, A. V. "The main instruments of state regulation of the transformation of the fuel and energy balance." Interexpo GEO-Siberia 2, no. 4 (May 18, 2022): 165–70. http://dx.doi.org/10.33764/2618-981x-2022-2-4-165-170.
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The aim of the study is to analyze the experience of energy transition management policies in major fossil fuel exporting countries. The change in the structure of the fuel and energy balance in Canada, Australia, Norway, as well as Russia and the EU is assessed. The main trends associated with a significant decrease in the share of coal used and an increase in the share of natural gas and renewable energy sources for all the objects under consideration are identified. The analysis of carbon regulation policy revealed significant differences in the main applied principles. While Australia has a voluntary system of de facto subsidies for low-carbon activities, Canada is dominated by regional mandatory regulation, and Norway uses both tax instruments and EU cap-and-trade system.
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Barden, Graeme. "Regulation of Microbial Organisms in Australia – A Technical Overview." Phytoprotection 79, no. 4 (April 12, 2005): 14–21. http://dx.doi.org/10.7202/706150ar.
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The National Registration Authority for Agricultural and Veterinary Chemicals (NRA) is the regulatory body responsible for the coordinated registration, regulation and review of agricultural and veterinary (agvet) chemicals up to and including the point of retail sale. This role is defined by the Agvet Code, 1994. Each of Australia's eight states and territories retains its own jurisdictional controls over the use of agricultural and veterinary products. The NRA may issue permits to exercise control over research agricultural and veterinary (agvet) chemicals. Under defined emergency conditions, the NRA can also issue "emergency use" permits, and can approve the use of agvet chemicals for minor uses that do not normally appear on product labels, and would otherwise be illegal. The Existing Chemicals Review Program of the NRA reviews registered agvet chemical products to ensure that they meet contemporary standards for efficacy, safety and health, and pose no undue risk to the environment or trade. Recently reviewed chemicals include atrazine, metham sodium, endosulfan and ethylene dibromide, and certain changes to their registration and labelling are being implemented. Several other chemicals are currently under review. The Special Review Program allows the NRA to review registered agvet products if there are any special issues arising that may alter the terms of their original registration. Current challenges to the NRA include the management of insecticide and weed resistance, particularly in relation to the regulation of genes expressing insecticides and herbicide tolerance. Specific guidelines for the registration of microbiological products are currently being reviewed. Issues relating to the release of microbial organisms into existing agricultural Systems and environments require considered risk assessment prior to any approval. Macrobiological control agents are specifically excluded from regulation by the NRA. They may, however, be regulated under other pieces of legislation.
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MORRISEY, DONALD, GRAEME INGLIS, KERRY NEIL, ANNA BRADLEY, and ISLA FITRIDGE. "Characterization of the marine aquarium trade and management of associated marine pests in Australia, a country with stringent import biosecurity regulation." Environmental Conservation 38, no. 1 (March 2011): 89–100. http://dx.doi.org/10.1017/s0376892911000014.
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SUMMARYTrade in ornamental marine species in Australia, a country with relatively stringent import controls, was investigated using a telephone survey of wholesalers and retailers, and a desktop review of internet import databases and hobbyist trading websites. Information on the regulatory framework was obtained from government and other published or online sources, and from staff of regulatory agencies. Although the trade is small relative to that in the USA, Europe and parts of Asia, Australia imports significant numbers of marine fish each year for the aquarium trade. Many of the more than 200 species imported have the potential to become environmental and/or economic pests. Imported individuals of native species could act as vectors of disease or affect the genetic diversity of native populations if they were released into the wild. Regulatory measures include the use of lists of permitted species of plants and animals, a case-by-case risk assessment process for species not on these lists, and requirements for health certification and quarantining of imported stock. Once within Australia, however, translocation is less rigorously controlled, being managed by individual states and based largely on lists of prohibited species, though generally with scope for case-by-case assessment and refusal of permits for unwanted species, such as recognized pests. Wholesalers and retailers interviewed generally showed a responsible attitude to the disposal of dead or unwanted stock, but awareness and understanding of the potential pest risk of ornamental marine species was generally poor. The importance of raising public awareness of the pest potential of ornamental marine species is likely to increase with the growing importance of mail-order and internet trade.
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AHN, DUKGEUN, and AREVIK GNUTZMANN-MKRTCHYAN. "Indonesia–Import Licensing Regimes: GATT Rules for Agricultural Trade?" World Trade Review 18, no. 2 (March 26, 2019): 197–218. http://dx.doi.org/10.1017/s1474745619000119.
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AbstractThis paper examines two disputes brought by the United States and New Zealand in response to a series of import sanctions for agricultural products imposed by the Indonesian government to promote food self-sufficiency. We document the heterogeneous effect the sanctioning measures had on Indonesia's partners. We argue that Indonesia's import licensing regimes acted as a high, sometimes prohibitive, fixed cost of exporting. Frequent changes of regulation provided additional challenges and increased the costs of exporting. These properties determined the differential impacts of Indonesia's measures where some sustained significant market losses while other large exporters, in particular Australia, following a short decline strengthened their market position and export levels.
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Gögh, Tibor. "WTO Panel, Australia: CertainMeasures Concerning Trademarks, Geographical Indications and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging,WT/DS435/R, WT/DS441/R, WT/DS4." Legal Issues of Economic Integration 46, Issue 2 (May 1, 2019): 182–96. http://dx.doi.org/10.54648/leie2019011.
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This case review concerns the long-awaited WTO Panel report in the Australia – Certain Measures Concerning Trademarks, Geographical Indications and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging dispute, circulated to Members on 28 June 2018. In the first part, it examines the factual background of the case detailing Australia’s reasons for pursuing a legitimate public health objective in the form of tobacco plain packaging legislation as well as a brief summary of the other disputes arising from this measure. The second part discusses whether the measure adopted by Australia is a technical regulation that is ‘more traderestrictive than necessary to fulfil a legitimate objective taking account of the risks non-fulfilment would create’ pursuant to Article 2.2 of the Technical Barriers to Trade (TBT) Agreement. Lastly, it details the way in which the Panel applied its findings relating to Article 2.2 of the TBT Agreement to Article 20 of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, pursuant to which ‘the use of a trademark during the course of trade shall not be unjustifiably encumbered by special requirements’.
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Austen, Dick. "Foreword to 'Producing and Processing Quality Beef from Australian Cattle Herds'." Australian Journal of Experimental Agriculture 41, no. 7 (2001): I. http://dx.doi.org/10.1071/eav41n7_fo.
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Markets for Australian beef throughout the 20th century have been moulded by world wars, economic depressions, droughts, transport technology, cattle breeding, trade barriers, global competition, livestock disease eradication, human health risks, food safety, Australian Government policy, consumerism and beef quality. Major ‘shocks’ to beef marketing include the development of successful shipments of chilled carcases to Britain in the 1930s, the widespread trade disruption caused by World War II, expansion (early 1950s) and then a reduction in beef exports to Britain (1956), the introduction and then proliferation of Bos indicus derived cattle in northern Australia (1960s), licensing and upgrading of Australian abattoirs to export to USA and the consequential brucellosis and tuberculosis eradication campaign leading to record export tonnages of Australian processing beef to USA (1960–70). In 1980, increased beef trade to Japan began, leading in the late 1980s to expansion of high-quality grain finished products into that market. By 1993, beef exports to Japan (280.5 kt) exceeded those to USA (274.4 kt), signalling the significant shift in beef exports to Asia. Commencing in about 1986, the USA recognised the value of beef exports to Asian markets pioneered by Australia. Australia’s share of the Japanese and South Korean markets has been under intense competition since that time. Another major influence on Australia’s beef market in the early 1990s was growth in live cattle exports to Asian markets in Indonesia, Malaysia and the Philippines. Live exports accounted for 152000 heads in 1992 and 858000 heads in 1996. Improved management systems (e.g. fences) and consequent regulation of cattle supply even in the wet season, a by-product of the brucellosis and tuberculosis eradication campaign, were indirect drivers of the growth in live exports. Throughout the period 1940–2000, domestic consumption of beef and veal declined from 68 to 33.3 kg/head.year, reflecting competition from other foods, perceptions of health risks, price of beef, periodic food safety scares, vegetarianism, changes in lifestyle and eating habits and lack of consistency of eating quality of beef. Despite this decline, the domestic Australian beef market still consumes a significant component (37%) of total Australian beef production. In 1984–85, the reform of the Australian Meat and Livestock Corporation set in train a major directional change (‘New Direction’) of the beef sector in response to beef market trends. Under Dick Austen’s leadership, the Australian Meat and Livestock Corporation changed the industry’s culture from being ‘production-driven’ to being ‘consumer-driven’. Market research began in Australia, Japan and Korea to establish consumer preferences and attitudes to price, beef appearance and eating quality. Definite consumer requirements were identified under headings of consistency and reliability. The AusMeat carcass descriptors were introduced and a decade later traits like tenderness, meat colour, fat colour, meat texture, taste, smell, and muscle size were addressed. These historical ‘shocks’ that shaped the Australian beef markets have all been accompanied by modification to production systems, breeding programs, herd structure, processing procedures, advertising and promotion, meat retailing and end-use. The increasing importance of the food service sector and the ‘Asian merge’ influence on beef cuts usage in restaurant meals and take-away products are the most recognisable changes in the Australian food landscape. The Cooperative Research Centre¿s research portfolio was built around the changing forces influencing beef markets in the early 1990s. Australia needed to better understand the genetic and non-genetic factors affecting beef quality. One example was the poor success rate of cattle being grain-fed for the Japanese premium markets. Another was the relative contribution of pre- and post-slaughter factors to ultimate eating quality of beef. The Meat Standards Australia scheme was launched in 1997 to address this problem in more detail. The Cooperative Research Centre contributed significantly to this initiative. In the year 2001, Australia, with only 2.5% of world cattle numbers retains the position of world number one beef trader. We trade to 110 countries worldwide. The Australian beef sector is worth A$6 billion annually. The diversity of Australian environments, cattle genotypes and production systems provides us with the ability to meet diverse specifications for beef products. A new set of market forces is now emerging. Strict accreditation rules apply to Australian producers seeking access to the lucrative European Union market. Transmissible spongiform encephalopathies like bovine spongiform encephalopathy and scrapie are a continuing food safety concern in Europe. This and the foot and mouth disease outbreak in Britain early in 2001 have potentially significant indirect effects on markets for Australian beef. And the sleeping giant, foot and mouth disease-free status of Latin American countries Brazil, Uruguay and Argentina continues to emerge as a major threat to Australian beef markets in Canada and Taiwan. As in the past, science and technology will play a significant role in Australia¿s response to these market forces.
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Bindon, B. M., and N. M. Jones. "Cattle supply, production systems and markets for Australian beef." Australian Journal of Experimental Agriculture 41, no. 7 (2001): 861. http://dx.doi.org/10.1071/ea01052.
Full textAbstract:
Markets for Australian beef throughout the 20th century have been moulded by world wars, economic depressions, droughts, transport technology, cattle breeding, trade barriers, global competition, livestock disease eradication, human health risks, food safety, Australian Government policy, consumerism and beef quality. Major ‘shocks’ to beef marketing include the development of successful shipments of chilled carcases to Britain in the 1930s, the widespread trade disruption caused by World War II, expansion (early 1950s) and then a reduction in beef exports to Britain (1956), the introduction and then proliferation of Bos indicus derived cattle in northern Australia (1960s), licensing and upgrading of Australian abattoirs to export to USA and the consequential brucellosis and tuberculosis eradication campaign leading to record export tonnages of Australian processing beef to USA (1960–70). In 1980, increased beef trade to Japan began, leading in the late 1980s to expansion of high-quality grain finished products into that market. By 1993, beef exports to Japan (280.5 kt) exceeded those to USA (274.4 kt), signalling the significant shift in beef exports to Asia. Commencing in about 1986, the USA recognised the value of beef exports to Asian markets pioneered by Australia. Australia’s share of the Japanese and South Korean markets has been under intense competition since that time. Another major influence on Australia’s beef market in the early 1990s was growth in live cattle exports to Asian markets in Indonesia, Malaysia and the Philippines. Live exports accounted for 152000 heads in 1992 and 858000 heads in 1996. Improved management systems (e.g. fences) and consequent regulation of cattle supply even in the wet season, a by-product of the brucellosis and tuberculosis eradication campaign, were indirect drivers of the growth in live exports. Throughout the period 1940–2000, domestic consumption of beef and veal declined from 68 to 33.3 kg/head.year, reflecting competition from other foods, perceptions of health risks, price of beef, periodic food safety scares, vegetarianism, changes in lifestyle and eating habits and lack of consistency of eating quality of beef. Despite this decline, the domestic Australian beef market still consumes a significant component (37%) of total Australian beef production. In 1984–85, the reform of the Australian Meat and Livestock Corporation set in train a major directional change (‘New Direction’) of the beef sector in response to beef market trends. Under Dick Austen’s leadership, the Australian Meat and Livestock Corporation changed the industry’s culture from being ‘production-driven’ to being ‘consumer-driven’. Market research began in Australia, Japan and Korea to establish consumer preferences and attitudes to price, beef appearance and eating quality. Definite consumer requirements were identified under headings of consistency and reliability. The AusMeat carcass descriptors were introduced and a decade later traits like tenderness, meat colour, fat colour, meat texture, taste, smell, and muscle size were addressed. These historical ‘shocks’ that shaped the Australian beef markets have all been accompanied by modification to production systems, breeding programs, herd structure, processing procedures, advertising and promotion, meat retailing and end-use. The increasing importance of the food service sector and the ‘Asian merge’ influence on beef cuts usage in restaurant meals and take-away products are the most recognisable changes in the Australian food landscape. The Cooperative Research Centre¿s research portfolio was built around the changing forces influencing beef markets in the early 1990s. Australia needed to better understand the genetic and non-genetic factors affecting beef quality. One example was the poor success rate of cattle being grain-fed for the Japanese premium markets. Another was the relative contribution of pre- and post-slaughter factors to ultimate eating quality of beef. The Meat Standards Australia scheme was launched in 1997 to address this problem in more detail. The Cooperative Research Centre contributed significantly to this initiative. In the year 2001, Australia, with only 2.5% of world cattle numbers retains the position of world number one beef trader. We trade to 110 countries worldwide. The Australian beef sector is worth A$6 billion annually. The diversity of Australian environments, cattle genotypes and production systems provides us with the ability to meet diverse specifications for beef products. A new set of market forces is now emerging. Strict accreditation rules apply to Australian producers seeking access to the lucrative European Union market. Transmissible spongiform encephalopathies like bovine spongiform encephalopathy and scrapie are a continuing food safety concern in Europe. This and the foot and mouth disease outbreak in Britain early in 2001 have potentially significant indirect effects on markets for Australian beef. And the sleeping giant, foot and mouth disease-free status of Latin American countries Brazil, Uruguay and Argentina continues to emerge as a major threat to Australian beef markets in Canada and Taiwan. As in the past, science and technology will play a significant role in Australia¿s response to these market forces.
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Bonini, Jim, Lucy Muir, and Steven Blackmore. "How an integrated multi-discipline approach to ALARP assessments can yield production increases while minimising HSE risk." APPEA Journal 56, no. 2 (2016): 543. http://dx.doi.org/10.1071/aj15049.
Full textAbstract:
Demonstration that risks are reduced to as low as reasonably practicable (ALARP) is a fundamental element of safety and environment regulation in the Australian oil and gas industry. The principle is well established, and offers operators relative flexibility in designing and managing their operations when compared to the more prescriptive regime adopted in other countries, such as the US. The approach, however, to building the ALARP case invariably differs between safety, environmental, and technical disciplines within oil and gas operators, leading to conflicting outcomes and sub-optimal solutions, which in turn can hamper production output and efficiency. A recent change in offshore regulations requires operators to focus on reducing overall environmental impacts from produced water through the ALARP principle, rather than by a prescribed limit. Through options screening, detailed technical studies, and consideration of environment and health and safety trade-offs, a robust ALARP position can be achieved, which yields increased production and efficiency, and reduced environmental impact, health and safety risk and associated cost. Drawing on recent project case studies with offshore oil and gas operators in Australia, the authors present best practices in the development of integrated ALARP cases for activities including produced water treatment and decommissioning.
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Brigden, Cathy, and Lisa Milner. "Radical Theatre Mobility: Unity Theatre, UK, and the New Theatre, Australia." New Theatre Quarterly 31, no. 4 (October 9, 2015): 328–42. http://dx.doi.org/10.1017/s0266464x15000688.
Full textAbstract:
For two radical theatres formed in the 1930s, taking performances to their audiences was an important dimension of commitment to working-class politics and civic engagement. Separated by distance but joined ideologically, the New Theatre in Australia and Unity Theatre in the United Kingdom engaged in what they described as ‘mobile work’, as well as being ‘stage curtain’ companies. Based on archival research and drawing on mobility literature, Cathy Brigden and Lisa Milner examine in this article the rationale for mobile work, the range of spaces that were used both indoor (workplaces, halls, private homes) and outdoor (parks, street corners beaches), and its decline. Emerging from this analysis are parallels between the two theatres’ motivation for mobile work, their practice in these diverse performance spaces, and the factors leading to the decline. Cathy Brigden is an associate professor in the School of Management and Deputy Director, Centre for Sustainable Organizations and Work at RMIT University, Australia. Her current research interests include the historical experiences of women in trade unions, gender in performing arts industries, and union strategies and regulation. Lisa Milner is a lecturer in the School of Arts and Social Sciences at Southern Cross University, Coffs Harbour, Australia. Current research interests include a comparative study of workers’ theatre, representations of workers and trade unions on screen, and labour biography.
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Druick, Zoe. "The CRTC’s Market-driven De-regulation of Canadian television." Stream: Interdisciplinary Journal of Communication 6, no. 1 (July 12, 2014): 9–11. http://dx.doi.org/10.21810/strm.v6i1.83.
Full textAbstract:
Over the past twenty years, the Canadian television landscape has come to increasingly resemble the market-driven television of the United States, the United Kingdom and Australia, to name only the other major English-language industries. Sports, reality TV, and sci-fi drama dominate, and the public elements of the system are increasingly under siege. How did this happen? A look back over the decisions of the past two decades makes it apparent that Canada’s regulatory agency the CRTC has repeatedly enabled the system we now see. These changes are the direct result of NAFTA (the North American Free Trade Deal, signed in 1994), which drastically altered the cultural industries in Canada and led to an entrepreneurial approach to television. Since then, there has been a concerted shift toward an export-oriented industry, provoking a new emphasis on the global trade of cultural products (Edwardson 2008). In effect, even before the impact of the Internet, as the cable dial expanded, and sponsorship was diluted, production costs were pushed down and new, cheaper formats were created. At the same time, ownership became more consolidated and the telecommunication industry merged with the broadcast industry hoping to cash in on the promises of digital and wireless technologies. The CRTC enabled these shifts with the stated intention of increasing Canadian television’s competitiveness at an international level (CRTC 1999).
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Marshall, Shelley, and Richard Mitchell. "Enterprise Bargaining, Managerial Prerogative and the Protection of Workers? Rights: An Argument on the Role of Law and Regulatory Strategy in Australia under the Workplace Relations Act 1996 (Cth)." International Journal of Comparative Labour Law and Industrial Relations 22, Issue 3 (September 1, 2006): 299–327. http://dx.doi.org/10.54648/ijcl2006016.
Full textAbstract:
Abstract: Since the beginning of the 1990s successive Australian national governments (from both right and left of the political spectrum) have overseen a shift in the regulation of employment relations from one based on centralised arbitrated awards to one of enterprise bargaining. The ostensible purpose of this policy was to facilitate the development of workplace-focused systems of regulation which were sensitive to the need for flexible production and employment systems in the context of the global economy. The evidence suggests that whilst many of the objectives of the enterprise bargaining project have been attained (particularly the goal of greater flexibility in employment systems), the law has been less effective in protecting the interests of workers, particularly their power to influence decision-making at the place of work. The major impact of enterprise bargaining upon the workplace, the paper proposes, has been the restoration of managerial prerogative which previously had been mediated through arbitration or the power of trade unions. Finally, the paper draws conclusions on the changing role of the institutions which regulate Australian industrial relations. Historically, Australian industrial tribunals have combined the features of judicial bodies and regulatory agencies. The paper concludes that a shift is occurring in Australian labour law from a mixture of self-regulation and centralised ?command and control?, to ?enforced self-regulation?, thus signalling a systemic and profound reorientation in regulatory policy and technique in Australian labour market regulation
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Latimer, Paul, and Michael Duffy. "Deconstructing Digital Currency and Its Risks: Why ASIC Must Rise to the Regulatory Challenge." Federal Law Review 47, no. 1 (March 2019): 121–50. http://dx.doi.org/10.1177/0067205x18816237.
Full textAbstract:
Digital currency is a ‘disrupter’ of financial services and currency markets, and as such presents new regulatory challenges. International regulatory responses to digital currency range from being largely ignored in some jurisdictions to being banned in others, with most jurisdictions charting a middle course of ‘wait and see’ while attempting to deal with pressing issues (such as taxation liability and potential money laundering and terrorism financing issues). This article explains digital currency, its benefits, its problems, its risks and the regulatory response so far. It analyses the extent to which the Australian Securities and Investments Commission (ASIC, the national securities regulator) may or may not have regulatory power and jurisdiction under existing Australian law, and the role of other relevant regulators and institutions. It concludes that digital currency may well be a ‘financial product’ under Corporations Act 2001 (Cth) s 763A (though many suppliers/issuers of that product will be website operators located outside Australia). If it is a financial product, ASIC would also have jurisdiction over issuers and markets that trade in that product. This conclusion could easily be fortified by legislative confirmation; however, it is suggested that ASIC should in all events test its powers to determine whether any legislative change is needed. Regulation by ASIC would add to recent moves to deal with digital currency by the Australian Transaction Reports and Analysis Centre (AUSTRAC) and the Australian Taxation Office (ATO). In all cases, this article argues that the time has come for Commonwealth regulation of digital currencies by ASIC as the relevant regulator. This would then trigger the obligations set out in the Corporations Act and the ASIC Act, including Australian Financial Services Licensing, Australian Market Licensing, standards of efficiency, honesty and fairness, disclosure provisions, possible market offences and corporate regulation generally. The suggested jurisdiction of ASIC would build on its existing role as well as the roles of the Australian Competition and Consumer Commission, the ATO and AUSTRAC.
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Jefferson, David J. "Certification marks for Australian native foods: A proposal for Indigenous ownership of intellectual property." Alternative Law Journal 46, no. 1 (January 24, 2021): 53–57. http://dx.doi.org/10.1177/1037969x20982719.
Full textAbstract:
Recently, interest in ‘bush tucker’ foods has surged. Indigenous Australians should be empowered to determine how their knowledge is used when these products are commercialised. To exercise control over the development of the native foods industry, Indigenous Australians could establish a certification regime to ensure that their knowledge is appropriately converted into commercial products. This could be done through the strategic use of intellectual property, specifically through certification trade marks. Creating a certification mark for native foods could represent an important part of a decolonial policy agenda aimed at reimagining the regulation of native biodiversity and cultural knowledge in Australia.
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Raedts, P. J. M., S. C. Garcia, D. F. Chapman, G. R. Edwards, N. Lane, and R. P. Rawnsley. "Is systems research addressing the current and future needs of dairy farms?" Animal Production Science 57, no. 7 (2017): 1311. http://dx.doi.org/10.1071/an16647.
Full textAbstract:
During the past decade, Australian and New Zealand dairy farmers have been increasingly exposed to volatility in milk prices, declining terms of trade, climate variability, changing regulation, and increasing consumer demand to demonstrate their ‘social licence to farm’. In response to the varying challenges, it is not surprising that we see significant diversity in dairy-farm systems in Australia and New Zealand. Despite much research effort to address these challenges at both the component and farm-system level, the evidence of adoption and dairy farming-system change over the past 5 years has been inconclusive. The present review explores how farmers and systems research have been affected and are responding, and whether systems research is developing research in the appropriate direction, proactively researching dairy-farming systems that are resilient, profitable and sustainable into the future, notwithstanding the increased volatility that dairy farms are experiencing. While much farm systems research in Australia and New Zealand has addressed the challenges associated with improving productivity and profitability, and the known challenges such as climate variability and improving environmental outcomes, there is need to fore-sight future risk, challenges and opportunities for dairy systems. It is also important that the system researchers explore alternative approaches such as working collaboratively with the known system experts, the dairy farmer, in a participatory environment to increase rate of knowledge transfer and adoption of positive research outcome.
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Sarakhman, Oksana, Ruslana Shurpenkova, Tatiana Kalaitan, Оlena Sidelnyk, and Uljana Grudzevuch. "MARKET APPROACH TO INTERCHANGE COMMISSION REGULATION: ADVANTAGES AND DISADVANTAGES." Economic Analysis, no. 32(1) (2022): 208–18. http://dx.doi.org/10.35774/econa2022.01.208.
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Introduction. In Ukraine the lion's share of the commission fee for the services of the acquiring institution (the cost of trade acquiring) is the interchange fee (60% – 75%) – interbank exchange fee paid by the acquirer to the issuer of electronic means of payment for each direct or indirect person) non-cash transaction, made with a payment card, and varies between 1,4 – 1,8% of the transaction amount. The average cost of trade acquiring in Ukraine is 2% of turnover and plus approximately 300 hryvnias for terminal rent per month. Interchanging payment (funds paid by the acquirer's acquirer's bank) is two-thirds of the payment charged to the merchant. Purpose. Determining the most correct market approach in the current conditions to the formation of key areas for the regulation of the interchanging commission in Ukraine and analysis of trends in the regulation of such an approach by other states. Methodology. The data on the consequences of the introduced regulation of the interchange commission in other countries of the world are analyzed, in particular: in the United States of America, China, Australia, Great Britain and others. It is considered that the marginal rate is 0. 3% below the level of exchange commissions that exists in all Member States, and therefore the impact on credit card acceptance is likely to be significant. In particular, exchange approaches in Germany, Poland, Hungary, the Netherlands, Denmark, Spain and France were analyzed. Results. In this regard, the need to maintain exclusively market-based approaches to interchange commission regulation has been proven, as this will enable the financial industry to further increase non-cash payments, reduce the share of the shadow economy and increase state budget revenues as a result of digitalization of payments.
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Van der Merwe, Johannes, Philippus Cloete, and Herman Van Schalkwyk. "The competitive status of the South African Wheat Industry." Journal of Economic and Financial Sciences 9, no. 3 (December 3, 2016): 651–66. http://dx.doi.org/10.4102/jef.v9i3.63.
Full textAbstract:
This article investigates the competitiveness of the South African wheat industry and compares it to its major trade partners. Since 1997, the wheat-to-bread value chain has been characterised by concentration of ownership and regulation. This led to concerns that the local wheat market is losing international competitiveness. The competitive status of the wheat industry, and its sub-sectors, is determined through the estimation of the relative trade advantage (RTA). The results revealed declining competitiveness of local wheat producers. Compared to the major global wheat producers, such as Argentina, Australia, Brazil, Canada, Germany and the USA, South Africa’s unprocessed wheat industry is uncompetitive. At the same time, South Africa has a competitive advantage in semi-processed wheat, especially wheat flour. The institutional environment enables the importation of raw wheat at lower prices and exports processed wheat flour competitively to the rest of Africa.
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Wang, Xiaoyan, and Xinzhe Song. "Rethinking Coexistence Between Prior Trademarks and Later Geographical Indications." Journal of World Trade 56, Issue 5 (October 1, 2022): 831–52. http://dx.doi.org/10.54648/trad2022034.
Full textAbstract:
The coexistence principle presents a means for resolving the conflict between prior trademarks and later geographical indications (GIs). This principle has been increasingly adopted in several countries due to recent negotiation efforts of the EU that are meant to combat the ‘first in time, first in right’ (‘FITFIR’) principle promoted by the US. This article focuses on three controversial issues raised in the application of the coexistence principle. The World Trade Organization (WTO) Panel Reports in the Australia-EU (DS290) and US-EU (DS174) disputes related to EU Regulation 2081/92 mentioned these issues but left them unresolved, thereby making space for the EU to require trade partners to widen the scope of coexistence between prior trademarks and later GIs in a manner that runs counter to the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). Furthermore, these unresolved issues led to difficulties in applying the coexistence principle and EU-type coexistence clause adopted in non-EU WTO Members. Based on the findings, this article recommends appropriate methods for implementing the coexistence principle that are consistent with the TRIPS Agreement. geographical indication, trademark, coexistence, principle of priority, World Trade Organization, likelihood of confusion, misleading use, reputation of prior trademark, descriptive use, use in a trademark sense
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Prenzler, Tim. "La sécurité privée et le problème de la confiance : l’expérience australienne." Criminologie 31, no. 2 (September 1, 2005): 87–109. http://dx.doi.org/10.7202/017420ar.
Full textAbstract:
The private security industry in Australia, as in many jurisdictions, has been beset by allegations of fraud, abuse of powers and incompetence. These problems are illustrated through trade practices, prosecutions, government inquiries, incident reports and other sources. Causation is analysed in terms of Shapiro's (1987) formulation of the problem of "policing trust". The substantial delegation of responsibility entailed in security work makes it highly vulnerable to exploitation and fraud, and this potential is exacerbated by the inadequate regulation of security services. Mitigation of these problems is suggested though an enhanced partnership approach of government and the security industry to regulatory control, an through an assessment of the benefits of in-house security.
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Hardy, Tess. "Enrolling Non-State Actors to Improve Compliance with Minimum Employment Standards." Economic and Labour Relations Review 22, no. 3 (November 2011): 117–40. http://dx.doi.org/10.1177/103530461102200308.
Full textAbstract:
While the extent of employer non-compliance with minimum employment standards has yet to be decisively determined in Australia, there is evidence to suggest that it is both prevalent and persistent. This article draws on the scholarship emerging from the regulatory studies field to explore the underlying impulses and issues that may have led to this compliance gap. It considers how a more pluralistic and decentred understanding of regulation may improve compliance. This understanding is then applied to examine the various ways in which the federal labour inspectorate — the Fair Work Ombudsman — has sought to supplement and strengthen its existing compliance and enforcement mechanisms by harnessing or ‘enrolling’ non-state stakeholders, such as employer associations, trade unions, top-level firms and key individuals.
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WILLIAMS, GEORGE. "THE CONSTITUTION AND A NATIONAL INDUSTRIAL RELATIONS REGIME." Deakin Law Review 10, no. 2 (July 1, 2005): 498. http://dx.doi.org/10.21153/dlr2005vol10no2art289.
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<div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p><span>[</span><span>The federal Government is proposing to bring about a single national scheme for the regulation of industrial relations in Australia. This will raise a number of important constitutional questions that may need to be resolved by the High Court. These questions as examined in this article are: could a single national law for the regulation of industrial relations be passed under a head of Commonwealth power (in particular, under the Commonwealth's powers over corporations, interstate trade and commerce or external affairs); even such a law could so be enacted, would it nevertheless be struck down due to an express or implied constitutional limitation; and to what extent could the law override the State laws that already govern much of the field?</span><span>] </span></p></div></div></div>
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McCrystal, Shae, and Tess Hardy. "Filling the Void? A Critical Analysis of Competition Regulation of Collective Bargaining Amongst Non-employees." International Journal of Comparative Labour Law and Industrial Relations 37, Issue 4 (December 1, 2021): 355–84. http://dx.doi.org/10.54648/ijcl2021017.
Full textAbstract:
The rise of the gig economy, and the expansion of self-employment more generally, have magnified pre-existing concerns about how to address the risk of exploitation of non-employees, including franchisees, freelance journalists and owner-driver transport workers, amongst others. In a bid to fill relevant regulatory gaps, and correct destructive power imbalances, many are turning their attention to the power and potential of collective bargaining. At the same time, there is growing appreciation of how competition prohibitions against price-fixing may curb workers’ capacity to organize for decent wages and working conditions. There has been much discussion and debate about the need to expand existing labour exemptions from competition law in order to allow gig workers, and other vulnerable categories of selfemployed workers, to engage in lawful collective bargaining. Rather than fixating on questions of misclassification, however, this article considers a novel proposal emanating from the sphere of competition regulation in Australia. After extensive consultation and prolonged Parliamentary debate, the Australian Competition and Consumer Commission (ACCC) has adopted a class exemption which provides a broad legal immunity to eligible small businesses, including self-employed workers, wishing to engage in collective bargaining. The ACCC’s Determination to extend collective bargaining rights to small businesses – with effect from 3 June 2021 – represents a highly progressive approach and one worthy of greater attention and deeper analysis. To assess the regulatory value of this unique approach, we draw upon the International Labour Organization (ILO) standards relating to collective bargaining and freedom of association. In doing so, we critically assess the extent to which the ACCC’s approach offers a potential solution to resolving the tension between labour law and competition law when it comes to the regulation of self-employed workers. Somewhat surprisingly, we find that the class exemption largely complies with relevant ILO principles, despite the fact that it does little in terms of actively promoting or encouraging effective collective bargaining. For example, in line with ILO conceptions of voluntariness, the class exemption places virtually no restrictions on the scope, level or subject matter of the bargaining. Ultimately, however, we argue that if collective bargaining is to have any chance of filling the regulatory void which exists between labour law and competition law, it is critical that basic structures and supports are in place to facilitate meaningful bargaining: where collective activity is supported by trade union autonomy and the right to engage in strikes in support of bargaining demands and concluded agreements. Mercosur, Socio-Labour Declaration, Argentina, Brazil, Uruguay, Paraguay, Venezuela, Regional Integration, Labour Rights, Regional Trade Blocs, Latin America, Global South
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Hutagalung, Jantarda Mauli, and Clara Ignatia Tobing. "PENYELESAIAN SENGKETA KEBIJAKAN PRODUK KEMASAN POLOS PRODUK ROKOK AUSTRALIA DALAM WTO [Resolution of the Dispute over Australia's Rules and Policies for the Plain Packaging of Cigarette Products in the WTO]." Law Review 20, no. 1 (September 14, 2020): 1. http://dx.doi.org/10.19166/lr.v20i1.2437.
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<p><span class="fontstyle0"><strong><em>Abstract</em></strong><br /></span></p><p><span class="fontstyle1"><em>The sovereignty of a country to issue a policy or regulation in the field of international trade </em><em>is limited by the enactment of the provisions in the World Trade Organization (WTO), </em><em>especially for countries that have ratified the GATT / WTO. If a country issues rules and/or </em><em>policy that conflict with WTO provisions, it will result in the country being sued by another </em><em>country. As happened with the policy issued by Australia. Indonesia is suing Australia to the </em><em>WTO for the rules and/or policies for the plain packaging of cigarette products (The Tobacco </em><em>Plain Packaging Act 2011) imposed by Australia. The policy is considered contrary to the </em><em>provisions of the WTO, specifically the provisions of TRIPS (Trade Related Aspects of </em><em>Intellectual Property Rights). This research utilizes a normative juridical method by paying </em><em>attention to legal materials such as legal principles, legal principles, international </em><em>conventions, and legislation relating to the problem of The Tobacco Plain Packaging Act. </em><em>From the results of the study can be seen WTO considerations in this case. In addition, there are also advantages and disadvantages of the implementation of The Tobacco Plain Packaging Act in the future.</em><br /></span></p><p><span class="fontstyle0"><strong><em>Keywords: WTO/GATT, The Tobacco Plain Packaging Act, International Economic Law</em></strong><br /></span></p><p> </p><p><strong>Abstrak</strong></p><p><span class="fontstyle4">Kedaulatan suatu negara untuk mengeluarkan suatu kebijakan atau peraturan dalam bidang perdagangan internasional dibatasi oleh berlakunya ketentuan-ketentuan dalam </span><span class="fontstyle1">World Trade Organization </span><span class="fontstyle4">(WTO), terutama bagi negara-negara yang telah meratifikasi GATT/WTO. Apabila negara mengeluarkan aturan dan/atau kebijakan yang bertentangan dengan ketentuan WTO akan mengakibatkan negara tersebut digugat oleh negara lain. Seperti yang terjadi dengan kebijakan yang dikeluarkan oleh Australia. Indonesia menggugat Australia ke WTO atas aturan dan/atau kebijakan kemasan polos produk rokok (</span><span class="fontstyle1">The Tobacco Plain Packaging Act 2011</span><span class="fontstyle4">) yang diberlakukan oleh Australia. Kebijakan tersebut dianggap bertentangan dengan ketentuan WTO, khususnya ketentuan TRIPS (</span><span class="fontstyle1">Trade Related Aspect of Intellectual Property Rights</span><span class="fontstyle4">). Penelitian ini menggunakan metode yuridis normatif dengan memperhatikan bahan hukum seperti asas-asas hukum, prinsip-prinsip hukum, konvensi internasional, serta perundang-undangan yang berkaitan dengan masalah </span><span class="fontstyle1">The Tobacco Plain Packaging Act</span><span class="fontstyle4">. Dari </span><span class="fontstyle4">hasil penelitian dapat terlihat pertimbangan WTO dalam kasus ini. Selain itu, terlihat juga keuntungan dan kekurangan dari pemberlakuan </span><span class="fontstyle1">The Tobacco Plain Packaging Act k</span><span class="fontstyle4">e depannya.<br /></span></p><p><strong><span class="fontstyle3">Kata kunci: WTO/GATT, </span><span class="fontstyle0">The Tobacco Plain Packaging Act</span><span class="fontstyle3">, Hukum Ekonomi Internasional</span> </strong></p>
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Mikroulea, Alexandra P. "Competition between public and private undertakings." Zeitschrift für Wettbewerbsrecht 13, no. 3 (September 10, 2015): 265–98. http://dx.doi.org/10.15375/zwer-2015-0305.
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AbstractAn undistorted competition regime can only be achieved on the condition of equality of opportunity among different businesses. The neutrality principle must be also applicable in favor of public sector undertakings according to OFT study dated 2010 and OECD study 2012. In comparative analysis with other member states (Italy and Spain) and Australia the relevant legislations provide the Competition Agencies and the Governments power to ensure and protect the neutrality principle. World Trade Organization is the new forum for international regulation of public restraints? It is a question to be answered. A “soft” solution (soft law), either in the framework of the International Competition Network (ICN) or in the framework of OECD or of the UNCTAD seems realistic. Perhaps more effective seems to be the cultivation of a competition culture (competition advocacy). In competition law, “second best” solutions constitute the reply to the problem.
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Kireyenka, N. V. "Models of agrarian business development in international practice." Proceedings of the National Academy of Sciences of Belarus. Agrarian Series 59, no. 1 (February 9, 2021): 22–40. http://dx.doi.org/10.29235/1817-7204-2021-59-1-22-40.
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In conditions of the world economy globalization, regional trade and economic integration of countries, and increased sectoral competition, agricultural business remains a strategically important branch of the national economy of any state. Its activities are based on the regulatory legal framework for creation and functioning of agro-industrial complex entities, state regulation and support of agriculture, development of rural areas, food export incentive, formation of external and internal trade infrastructure. The world agrarian economy demonstrates the use of various models of efficient agro-industrial production management, providing for solution of national food security and increasing the export potential of the industry. The paper presents typology of agriculture by types of land use at various levels of social and economic development of countries, identifies the main world producers, exporters and importers of agri-food products. Review of the state regulation system and support of commodity producers in Australia, Argentina, Brazil, the European Union, India, Indonesia, Canada, China, Russia, and the United States has been carried out taking into account implementation of the international rules of the World Trade Organization. Various types of agricultural business models, sales systems, depending on production specialization of individual states, regions, enterprises and aimed at development of vertical integration, combination of marketing and logistics functions within one company, changes in the commodity structure along the sales channels in the domestic and foreign markets, have been systematized. The competitive advantages of the Republic of Belarus in the context of development of priority areas of agricultural business have been substantiated and the key risks having significant impact on the strengthening of production, sales and export potential have been analyzed. The issues Covered in the paper are of interest in preparation of draft state programs for social and economic development of the national agro-industrial complex, strategy in the field of export of agricultural products and food products for the period up to 2025.
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Wijaya, Wijaya, Sri Mulyani, and Emiliana Emiliana. "IMPLEMENTATION OF PRODUCT STANDARDIZATION POLICY SMALL AND MEDIUM INDUSTRY (IKM) IN WOOD PROCESSING RESULTS." UNTAG Law Review 1, no. 1 (May 31, 2017): 78. http://dx.doi.org/10.36356/ulrev.v1i1.525.
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<p>The policy of the Minister of Trade which stipulates Ministerial Regulation No. 97 / M-DAG / PER / 12/2014 on the provisions on the export of forestry industry products implements the obligation to apply product standardization with SVLK (Timber Legality Verification System) to processed wood products from January 1, 2015. SVLK requirements for Small and Medium Enterprises (IKM), especially wood furniture and handicraft industries, are simplified in the form of self declaration as set forth in the document "Export Declaration." However, the Export Declaration Policy set by the government as an alternative for furniture business actors who do not have SVLK does not apply in European market and Australia. The results of research in Central Java Province found the furniture industry as a superior product, the number of SMEs that canceled its export contract causing the loss by stopping furniture exports even though this effort is done by the government in order to improve competitiveness.</p>
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Widyastutik, Widyastutik, and Reni Kristina Arianti. "ANALISIS STRATEGI KEBIJAKAN MUTU DAN STANDAR PRODUK KAYU LAPIS DALAM RANGKA MENINGKATKAN DAYA SAING EKSPOR." Jurnal Agribisnis Indonesia 2, no. 1 (June 1, 2014): 75. http://dx.doi.org/10.29244/jai.2014.2.1.75-92.
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<em>Developed countries use a standard as instrument to conduct trade barriers. The issues about quality and standard are also applicated to Indonesian plywood exports. Consumer countries led to the requirements of the international timber legality, for example USA with Amandemen Lacey Act, Uni Eropa with EU Timber Regulation, Australia with Prohibition Bill, and Japan with Green Konyuho. Standard is a main instrument to increase of competitiveness. The aims of this study are: (1) to analyze the competitiveness of Indonesia plywood in the major export destinations, (2) to analyze strategy of policies to improve the quality and standard of plywood in order to increase competitiveness. The analytical methods used in this study are Revealed Comparative Advantage and Analytical Hierarchy Process. The result of study shows that an average value RCA between Indonesia and UK is high. According to AHP, government should facilitate exporter to solve the problem in the cost of certificate of plywood legalcy (SVLK).</em>
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Alhayat, Aditya Paramita. "KETIDAKEFEKTIFAN KEBIJAKAN ANTI-DUMPING PRODUK IMPOR BAJA INDONESIA: SEBUAH ANALISIS AWAL." Buletin Ilmiah Litbang Perdagangan 11, no. 2 (December 31, 2017): 143–68. http://dx.doi.org/10.30908/bilp.v11i2.230.
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Meskipun Indonesia telah mengenakan tindakan anti-dumping terhadap beberapa jenis produk baja, namun impor produk tersebut masih meningkat. Salah satu kemungkinan penyebabnya adalah importasi melalui produk yang dimodifikasi secara tidak substansial atau melalui negara ketiga yang tidak dikenakan tindakan anti-dumping, yang dalam perdagangan internasional umum disebut sebagai praktik circumvention. Studi ini ditujukan untuk membuktikan bahwa circumvention mengakibatkan tindakan anti-dumping atas impor produk baja Indonesia tidak efektif dan untuk memberikan masukan berdasarkan praktik di negara lain supaya kebijakan anti-dumping Indonesia lebih efektif. Circumvention dianalisis dengan membandingkan pola perdagangan antara sebelum dan setelah pengenaan bea masuk anti-dumping (BMAD) menggunakan data sekunder dari Badan Pusat Statistik (BPS) maupun Global Trade Information Services (GTIS). Hasil analisis menunjukkan adanya indikasi kuat bahwa circumvention mengkibatkan pengenaan tindakan anti-dumping impor produk baja di Indonesia menjadi tidak efektif. Oleh karena itu, sangat penting bagi Pemerintah Indonesia untuk segera melakukan penyempurnaan terhadap Peraturan Pemerintah No. 34/2011 tentang Tindakan Antidumping, Tindakan Imbalan, dan Tindakan Pengamanan Perdagangan dengan memasukkan klausul tindakan anti-circumvention yang setidaknya mencakup bentuk-bentuk dan prosedur tindakan, sebagaimana yang telah dilakukan beberapa negara seperti: AS, EU, Australia, dan India. Although Indonesia has imposed anti-dumping measures on several types of steel products, the import of steel products is still increasing. One possible cause is that imports are made by non-substantial modification of product or through a third country which is not subject to anti-dumping measures, which is generally referred as circumvention practice. This study is aimed to prove that circumvention made Indonesian anti-dumping actions on the steel products ineffective. This also study provides recommendation for a best practice for other countries so that Indonesia's anti-dumping policy can be more effective. Circumvention was analyzed by comparing trade patterns between before and after the imposition of anti-dumping duty using secondary data from the Central Bureau of Statistics (BPS) and the Global Trade Information Services (GTIS). The results of the analysis indicate that circumvention became the reason why Indonesian anti-dumping measures on imported steel products are ineffective. Therefore, it is very important for the Government of Indonesia to immediately make amendments to the Government Regulation No. 34/2011 on Antidumping, Countervailing, and Safeguard Measures by adopting clauses of anti-circumvention. This can be done bycovering the forms/types and procedures of action, as has been implemented by several countries such as the US, EU, Australia, and India.
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Corones, Stephen, and Bill Lane. "Shielding Critical Infrastructure Information-Sharing Schemes from Competition Law." Deakin Law Review 15, no. 1 (September 1, 2010): 1. http://dx.doi.org/10.21153/dlr2010vol15no1art115.
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Because the majority of critical infrastructure is now owned or operated by the private sector, governments have implemented schemes to facilitate the exchange of information between private sector owners and operators, to ensure that it is protected from terrorist attack. The operation of these information-sharing schemes has the potential to contravene the competition law provisions contained in Division 1 and Division 2 of Part IV of the Trade Practices Act 1974 (Cth) (TPA). In light of these matters, this article considers whether there is a need for a specific statutory defence in the TPA in order to ensure that such arrangements can operate effectively and encourage the frank exchange of this type of information. The article examines the existing voluntary self-regulatory scheme adopted in Australia in 2003 and compares it with similar schemes in the United States where there is a move away from voluntary self-regulation towards a mandatory regulatory model with a specific legislated defence to shield critical infrastructure information-exchange arrangements from antitrust laws.
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Lebedeva, Liudmila F. "Transcontinental Partnerships at the Crossroads: Factors, Risks, Consequences." Outlines of global transformations: politics, economics, law 10, no. 4 (November 28, 2017): 54–69. http://dx.doi.org/10.23932/2542-0240-2017-10-4-54-69.
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Transcontinental partnerships – Trans-Pacific Partnership (TPP) and Trans-Atlantic Trade and Investment Partnership (TATIP) – have been analyzed in view of the new challenges in polycentric world, US foreign economic policy changes, risks for the national economies of the block’s participants, as well as for the other countries. The TPP and the TATIP are in focus as the new stage of the world integration process. The TATIP can deepen the already substantial economic ties between the US and the European Union. But what will be included in the chapters of the agreement on financial services, agricultural products, some other sectors is still subject to debate. Particular concerns arise about the role for the TATIP in harmonizing financial regulation. The practical implementation of president Donald Trump plans to «promote American industry, protect American workers» began with the US withdrawal from the TPP, with negotiating new bilateral trade deals in mind. Since that decision, the leaders of Japan, Singapore, Australia, and other TPP participants emphasized the strategic importance of this agreement for their countries and for US leadership in the region. Withdrawing from the TPP raises concerns among US trade partners and allies in the region and put many questions before them. Besides, US withdrawal from the TPP effectively gives green light to assert a more pronounced leadership role in the region for China, which is already a major trade and investment partner for TPP countries. Furthermore, Donald Trump turned attention to certain imports as a threat to national security and thus potentially subject to steep tariffs. The US steps in this way may undermine the rules-based trading system, and put many questions before TPP partners and other countries. Whether import restrictions for national security reasons be implemented, they may damage not only China as the main U.S. imports driver; but other countries as well, and lead to new barriers against US exports by trading partners. The Trump administration initiatives not only represents a challenge for countries that linked closely to the American economy due to the trade-economic agreements, but leads to new opportunities and choices in international economic relations.
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Sakshi. "The many entanglements of capitalism, colonialism and Indigenous environmental justice." Soundings 78, no. 78 (August 1, 2021): 64–80. http://dx.doi.org/10.3898/soun.78.04.2021.
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Rio Tinto's destruction of Juukan Gorge brought international condemnation. The subsequent interim report commissioned by the Australian Parliament was entitled 'Never Again'. But was this a 'never again' to the logic of settler colonialism? Or to the extractive capitalism that rearranges economic and social life with the sole objective of wealth accumulation? Or to the legislative collaboration between settler colonial states and capitalism? Environmental injustice is sustained internationally through the many entanglements at the intersection of law, coloniality, corporate extractivism and Indigenous sovereignty. These entanglements are explored here in relation to: the idea of a 'trade-off' between Indigenous rights and 'economic benefits' (e.g. the Shenhua coal mine in Australia); the over-riding of local rights through a corporate-driven developmental narrative, which results in the erosion of Indigenous ways of life over a long period, rather than through a singular dramatic event (e.g. oil extraction by Chevron in Ecuador); the difficulties in bringing cases to justice (e.g. the Mount Polley dam collapse in Canada); the need for 'green alternatives' to also respect Indigenous rights; and the potential for greater legal regulation (e.g. the ruling by the Supreme Court of Panama on Indigenous rights; recent legal challenges to the Brazilian government's failure to meet its environmental responsibilities). Social movements and juridical spaces need to adopt a radical shift in their vocabulary and in their world-making practices. Courts play a major role in shaping the way Indigenous environmental justice is understood, and are a vital site of contestation for radical environmental justice movements.
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Kapustina, Larisa, Natalia Izakova, Elizaveta Makovkina, and Michail Khmelkov. "The global drone market: main development trends." SHS Web of Conferences 129 (2021): 11004. http://dx.doi.org/10.1051/shsconf/202112911004.
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Research background: Many countries of the world announced increasing the use of drones for civil and military purposes. An important feature of the drone market is that it is an “ecosystem”“, which includes software developers, integrators, component manufacturers, etc. By 2025, the capacity of the global unmanned aerial vehicle market will grow by 3 times. Purpose of the article: The aim of the study is to identify current trends in the development of the global market of unmanned aerial vehicles for commercial use. Methods: A significant part of the necessary statistical data is closed for public access, due to the fact that most of the UAVs produced are part of the military-industrial complex or “dual-use” goods. Only 23.6% of all UAVs produced can be classified as civilian or commercial products. Market development trends using economic statistic methods were determined based on the data of the reports “The Unmanned Aerial Vehicles in International Trade and their Regulation”, Drone Industry Insights, the analytical agency Mordor Intelligence, “Global Drone Regulations Database”. Findings & Value added: The USA, China and France are the leaders in the production of commercial and consumer drones. The rating of drone manufacturers is led by: DJI (China), SenseFly / Parrot SA (France), Yuneec (China), 3D Robotics (USA). The largest purchases are made by the USA, China, Russia, Great Britain, Australia, France, Saudi Arabia, India and South Korea. Significant growth in the use of drones is expected in medicine, logistics and delivery.
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Lewis, James D., Nathan G. Phillips, Barry A. Logan, Renee A. Smith, Iker Aranjuelo, Steve Clarke, Catherine A. Offord, et al. "Rising temperature may negate the stimulatory effect of rising CO2 on growth and physiology of Wollemi pine (Wollemia nobilis)." Functional Plant Biology 42, no. 9 (2015): 836. http://dx.doi.org/10.1071/fp14256.
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Rising atmospheric [CO2] is associated with increased air temperature, and this warming may drive many rare plant species to extinction. However, to date, studies on the interactive effects of rising [CO2] and warming have focussed on just a few widely distributed plant species. Wollemi pine (Wollemia nobilis W.G.Jones, K.D.Hill, & J.M.Allen), formerly widespread in Australia, was reduced to a remnant population of fewer than 100 genetically indistinguishable individuals. Here, we examined the interactive effects of three [CO2] (290, 400 and 650 ppm) and two temperature (ambient, ambient + 4°C) treatments on clonally-propagated Wollemi pine grown for 17 months in glasshouses under well-watered and fertilised conditions. In general, the effects of rising [CO2] and temperature on growth and physiology were not interactive. Rising [CO2] increased shoot growth, light-saturated net photosynthetic rates (Asat) and net carbon gain. Higher net carbon gain was due to increased maximum apparent quantum yield and reduced non-photorespiratory respiration in the light, which also reduced the light compensation point. In contrast, increasing temperature reduced stem growth and Asat. Compensatory changes in mesophyll conductance and stomatal regulation suggest a narrow functional range of optimal water and CO2 flux co-regulation. These results suggest Asat and growth of the surviving genotype of Wollemi pine may continue to increase with rising [CO2], but increasing temperatures may offset these effects, and challenges to physiological and morphological controls over water and carbon trade-offs may push the remnant wild population of Wollemi pine towards extinction.