Articles de revues sur le sujet « Nuclear industry – Law and legislation – Germany »

Over the past 20 years, political attitudes in Germany towards the nuclear industry have been characterised less by consistency than by some major policy shifts, and the same can be said for the legislation that emerged from these attitudes. Although a number of these about-turns were predictable, others were less so because of their dependence on external factors. What now looks likely to be the final1 decision to phase out the civil use of nuclear power in Germany by 31 December 20222 raises a whole host of legal questions. In particular, the procedure followed to implement this phase-out provides ample material for debates on questions of constitutionality. Further matters of jurisprudential interest include the agreements concluded with the nuclear industry before the final phase-out decision was taken and the chronologically close political about-face themselves. Finally, a degree of legal uncertainty still surrounds not only the as-yet still unresolved issue of final repositories but also the resurgent debate over the source of funding for the dismantling of nuclear power plants. After providing an overview of the initial situation and the problems arising in connection with Germany’s phasing out of the civil use of nuclear energy, this paper will place these issues in their proper legal context before evaluating them and highlighting the connection between these points of nuclear law and the current upheaval in German energy policy.

The subject of the study. A new public administration system in Ukraine should be created through administrative reform. The existing system of public administration in Ukraine remains generally inefficient, with an eclectic mix of institutions inherited from the Soviet era and new institutions formed during Ukraine's independence. It is argued that the rapid development of modern social relations naturally causes and is conditioned by the continuous transformation and progress of various sectors of public and state life. Scientific and technological progress, informatization and updating of production methods cause an objective need to revise and adopt fundamentally new legislation, study and implement advanced forms of organization of social relations. It is clear that the construction industry is a component of the national economy, which requires meaningful legal regulation, does not stay away from modern social and state development. The complexity and significance of the construction industry, its multifaceted nature require, in particular, the study and implementation of perfect regulatory mechanisms developed by developed countries with highly developed economies, strong and perfect standards of functioning of the state apparatus, legislation. Methodology. The national construction legislation was reviewed in comparison with the experience of the Federal Republic of Germany. It is concluded that the review of the institutional architecture of the construction industry of the Federal Republic of Germany, the basic principles of the formation of German public construction law as a factor of the modern economy, its progressive forms and methods has been carried out. The content of this branch of public law, its impact on economic processes in the state, the formation and change of the main economic indicators are assessed. The conclusion is made about the objective connection between the state and development of national legislation, in particular construction legislation, and the degree of economic development of the state. The purpose of the study. By choosing the strategic path of institutional and fundamental reforms, Ukraine also implements the best legal and state experience of modern progressive states with developed democracy, state-building and law-making, developed economy. In the field of law and law-making, improvement of legal education and science the experience of the Federal Republic of Germany has proved its perfection, efficiency and progressiveness for Ukraine. German public construction law is not the only area that has become a model for domestic public law and legislation, in particular, it is worth mentioning the German experience of administrative procedure law and legislation, which was used in the adoption of the Code of Administrative Procedure of Ukraine, and administrative procedure law and legislation, which was the basis for the preparation of the Law of Ukraine "On Administrative Procedure". Thus, the time-tested and experienced German administrative and legal theory has become one of the prerequisites for the creation and development of national branches of public law, including the law of public construction. The economic and legal dimension of public construction law in Ukraine is that the construction industry is a productive sector of the economy, the efficiency and successful functioning of which depends on a simultaneous set of factors, including, in particular, the availability and completeness of national construction and administrative and procedural legislation, the development of the theory of public construction law, transparency and validity of the activities of administrative bodies in the field of construction. Conclusion of study. It is concluded that the new branch of national special administrative law – publicc construction law of Ukraine is manifested in three dimensions: the substantive dimension of national public construction law and the prerequisites for its formation and further development; European (foreign) experience of legal regulation of public construction; economic and legal dimension of its creation in Ukraine.

Sweden never got an apprentice law after apprenticeship was de-regulated in 1864. This has been attributed to unified opposition to legislation from industry employers and trade unions, with the craft employers as the only advocates. Analysing the pattern of agreement and disagreement in the political struggle over apprenticeship in the Swedish case in 1890–1917, it is clear that opposition was not that uniform, nor was the support from the craft employers that undivided. This article makes use of Kathleen Thelen’s model of institutional change in order to shed new light on the developments in Sweden. The model states that any apprentice law requires a coalition of two or more out of the state, the crafts and the metalworking industries – divided into employers and workers. Legislation, in turn, is a near requirement for the survival of strong apprenticeship. In this article the Swedish case will be discussed in relation to two of Thelen’s cases, Germany and Great Britain. In Germany an apprentice law was passed in 1897, while in Great Britain no modern apprentice law was ever passed. Similarities can be found between both of these cases and the Swedish case.

Abstract South Korea has one of the world’s more established nuclear power industries with its first commercial reactors being commissioned in 1978. The growth of nuclear power capacity had relied on sustained government support and close coordination with key state-owned enterprises. The tight relationship between politicians, government and companies has resulted in what is colloquially known as the ‘nuclear mafia’. One year after the Fukushima Daiichi nuclear accident in Japan, Korea’s nuclear industry suffered its own crises in 2012. The first was a station blackout at the Kori 1 reactor, the country’s oldest, which was not reported for over a month. The second set of revelations concerned systematic malfeasance along the nuclear supply chain involving the falsification of reports of safety tests on nuclear parts and equipment. Revisions to the Nuclear Safety Act gave greater powers to the newly created Nuclear Safety and Security Commission and placed new reporting obligations on all actors along the nuclear supply chain. These measures were supplemented by more general legislation and regulations on public procurement, the conduct of public officials and corruption. Whilst these steps have the potential to improve governance and integrity in the country’s nuclear power industry, some of the underlying causes of the earlier weaknesses remain. As a consequence, the transformation of Korea’s nuclear industry will be a long process.

Abstract Background: Peaceful use of nuclear energy is of great significance for ensuring energy security, reducing greenhouse gas emissions, and achieving sustainable development environmental-friendly. Nuclear safety is the premise and foundation for the development of civil nuclear power industry. As a country with the largest scale of nuclear power plants under construction, preventing accidents properly is the best way to ensure nuclear safety. However, under the background of environmental protection nowadays, China has only officially implemented two laws related to nuclear safety - the Law on Prevention and Control of Radioactive Pollution and Nuclear Safety Law. It cannot fully meet the needs of nuclear safety supervision in China. Methods: To highlight the problems in the current legal system pertaining to nuclear safety, a legislation study is used to analyze the current content of related legislation and regulations. Comparative methodology is also adopted in this paper to analyze the legislative and administrative experience of other countries with or without nuclear power industry and summarize the problems in the current legal system in China. Result: Currently, the development of nuclear safety law system reflects the historical process of the development and application of nuclear technology in China. China’s nuclear safety-related legislation closely fits the strategy of China’s nuclear technology development and application under the background of environmental protection. Even though, there are still deficiencies about China’s nuclear safety legal system now, for example: the atomic energy law is still absent in China, so pertaining measures must be taken to develop and improve the nuclear safety legal system in China as for not only promoting the development of nuclear industry but also avoiding radioactive pollution incidents and protecting environment. Moreover, there is a conflict between the concept of “nuclear safety” in the Nuclear Safety Law and its content.

In April, 2002, a 19 year-old pupil ran amok in a high school in Erfurt, killing several teachers and fellow pupils. The young man was reported to have played computer games, in particular games known as “ego-shooter,” quite excessively. These tragic events fueled the plans of the German government and the Federal states to reform the law for the protection of children and young persons. The legislative machinery issued new legislation at a rather impressive pace. Only one year after the tragedy in Erfurt, on 1 April 2003, two major legal documents entered into force: the Jugendschutzgesetz (JuSchG – Juvenile Protection Act) of the Federal government and the Jugendmedienschutz-Staatsvertrag (JMStV – Agreement of the German Federal States regarding the Protection of Human Dignity and Juveniles in Radio and Televised Media). This complicated two-fold structure stems from the federal nature of the German state where the competence to legislate is divided between the Federal Government and the individual Laender (Federal States). The latter, in order to achieve uniformity among themselves and reaching the breadth of the Germany territory, must cooperate and legislate in the form of an interstate agreement. The JuSchG regulates mainly the protection of juveniles in the public and limits the distribution of items, which have been determined to be dangerous, like printed material, videos, DVDs or CD-Roms. In contrast thereto the JMStV pertains to the protection of juveniles in the radio broadcasting industry and in the so called “Telemedia,” in particular the internet. In the following, we will give a short overview of the developments wrought by these new laws.

A special legislation on criminal liability for offences against critical infrastructure objects is currently under development in Ukraine. The Cabinet of Ministers of Ukraine adopted the Concept for the development of a state system for critical infrastructure protection. The paper considers this legal area with regard to objects in the nuclear industry in the general context of critical infrastructure protection. It provides the current state in the legal regulation of fundamentals of criminal liability for offences against the critical infrastructure objects in the nuclear industry. The issue on the sufficiency and appropriateness of the existing level of such a liability is discussed further. The paper presents the list of some main critical infrastructure objects in accordance with the regulatory documents in the sphere of critical infrastructure protection and their classification. In addition, such concepts as “critical infrastructure” (relatively new notion in the national legislation), “unlawful intrusion”, “computer crimes”, “critical information infrastructure” and other concepts important to the nuclear industry were considered in this research. The notions presented in different regulatory documents were analyzed. The paper emphasizes that the legislation of Ukraine does not currently present special (separate) standards on the criminal liability for offences against critical infrastructure objects. Some promising issues related to fundamentals of the criminal liability and protection of critical infrastructure objects in the nuclear industry were also considered. The research involves the prospect of further development of a special law to define the area for improving relevant legislation on general regulation of these issues. The paper also stresses on the need to introduce some changes to the Criminal Code of Ukraine with respect to certain articles of section XIV.

This article provides an analysis of regulatory approaches to sex work, the status of sex workers’ labour rights, and the conflation of sex work and human trafficking, with reference to the example of Germany. It assesses the strengths and weaknesses of Germany’s approach to the regulation of prostitution and the ways it has been influenced by international debates challenging the status of sex work as work, as well as concerns about human trafficking. It analyses the Prostitution Act 2002 (ProstG), and the Prostitute Protection Act 2017 (ProstSchG), and their effects on the rights and working conditions of sex workers, as well as their aim of improving the safety of vulnerable sex workers and reducing the level of human trafficking and exploitation in the German sex industry. In particular, the article considers the impact of this legislation on those working in the sex industry, especially migrant women and those at risk of exploitation. Through its analysis of the existing approach to sex work in Germany, the direction of reform and the absence of a labour-rights approach to the regulation of sex work and the prevention of trafficking, the article highlights the fact that even a country that is -in principle - willing to accept sex work as work, has failed to grant labour rights to sex workers. The article argues that the Prostitute Protection Act has in some ways increased the vulnerability of sex workers rather than promoting their safety. In addition, it is argued that legislators should consider labour protection and labour rights as an alternative means of protecting sex workers, rather than (re)criminalizing aspects of sex work in the name of ‘protecting’ women by means of prohibition or control. Adopting a labour-rights approach rather than paternalistic approach would have the potential to bring about far-reaching reform of the relevant legislation both in Germany and internationally. Sex Work, Human Trafficking, Labour Rights, Criminalization, Prostitution, Sex Work as Work

A common development among OECD and EU countries is the increase of temporary agency work in the last decade despite different regulatory regimes. For the researcher, agency work is an interesting topic as it is part of the romance of flexible working patterns, the new economy and a new type of employment arrangements; but is also part of a process that undermines employment conditions, collectivism and workers’ rights. Using Germany as an example of a country with a highly regulated temp industry and Australia as a country with very little regulation in this area, the paper outlines the growth and extent of agency employment in each country and examines the regulatory regime that applies in each country. The regulation of temporary agency work in Germany and Australia will be contrasted with the proposed legislation by the European Directive on temporary agency work in order to develop new proposals for an advanced supra-national regulatory approach on temporary agency work.

The development of land legislation in the context of globalisation, the desire of countries to more widely implement global and European standards of environmental policies, as well as the interest in the experience of legislative solutions to problems connected with the design and development of legal institutions in environmental protection in foreign countries, determine the relevance of this study. The purpose of the paper is to identify the main problems of land protection legislation and form on their basis the effective system of environmental regulation, combining administrative and legislative instruments with economic, regulatory and market mechanisms. Analysis of international legal acts is used as the leading research method. Considered the positive experience of legal regulation of the land issue of such democratic states as the USA, Great Britain, and Germany and other developed countries. The authors propose to introduce the Concept for the Protection of Lands from Pollution by Hazardous Substances, as well as the development and adoption of regional and national programs in which a separate section should address issues of land protection from pollution by hazardous substances. The practical significance of the study is determined by the need to integrate the land legislation industry into national environmental legislation.

Purpose The implementation of EU Directive 2013/59 EURATOM (EU-BSS) of 2014 led to a reorganization of radiation protection legislation in Germany in the form of a new radiation protection law Strahlenschutzgesetz (StrlSchG) of 2017 and a new radiation protection ordinance Strahlenschutzverordnung (StrlSchV) of 2018. For application of ionizing radiation in medicine these changes affect radiology, nuclear medicine and radiotherapy. A comparison between the old and the new legal system analyses changes that are relevant for diagnostic and interventional radiology. For the important new regulation of unintended exposures, a comparison is made with the implementation of Art. 63 EU-BSS in 7 European countries. Material and methods The provisions of the Röntgenverordnung (RöV) and the old Strahlenschutzverordnung (StrlSchV alt), which were valid until 2018, are compared with the new legislation of StrlSchG and StrlSchV for changes in radiation protection for patients, the population and occupational radiation protection of staff members. The occupational dose limit of the eye lens was reduced. The reduction by a factor of 7.5 results in new requirements for radiation protection equipment. New requirements in teleradiology are compared with the previous regulation, as well as the necessary involvement of medical physics experts (MPE) in high dose procedures, such as CT and fluoroscopic interventions. The regulation for unintended exposures of the German StrlSchV are analyzed in terms of their reporting criteria. Results The principles of medical radiation protection in Germany have not changed as a result of the new radiation protection legislation from 2019 onwards. However, there are a number of changes and new requirements that must be considered and implemented. Important points are e. g. new regulations on teleradiology, early detection of diseases in asymptomatic individuals and reporting of unintended exposure of patients. As all new regulations are no longer found in only one single regulation, both knowledge of the StrlSchG and the StrlSchV are necessary. Key points: Citation Format

Abstract In this paper, we argue that antecedents of modern corporate social responsibility (CSR) prior to the Industrial Revolution can be referred to as “proto-CSR” to describe a practice that influenced modern CSR, but which is different from its modern counterparts in form and structure. We develop our argument with the history of miners’ guilds in medieval Germany—religious fraternities and secular mutual aid societies. Based on historical data collected by historians and archeologists, we reconstruct a long-term process of pragmatic experimentation with institutions of mutual aid that address social problems in the early mining industry, and thus before the rise of the modern state and the capitalist firm. Co-shaped by economic and political actors, these institutions of mutual aid have influenced the social responsibility programs of early industrialists, modern social welfare legislation, and contemporary CSR. We conjecture that other elements of proto-CSR might have evolved according to similar trajectories.

Japan was struck by a massive earthquake that triggered a tsunami in March 2011, which led to a severe nuclear accident at the Fukushima Daiichi Nuclear Power Plant of the Tokyo Electric Power Company. Now, more than 10 years later, it is widely acknowledged that the civil nuclear industry is of great importance in reducing greenhouse gas emissions, improving natural environmental quality, and safeguarding national energy security. Nanomaterials and nanotechnologies, which have gained wide consideration in recent years, have shown a wide variety of application potentials in the future nuclear energy system. Thus, China has been developing its civil nuclear industry throughout the years, despite the nuclear accident in Fukushima, Japan. As a result, China is currently one of the countries with the most nuclear power plants. However, due to the potential radioactive risk, the public has an instinctive fear of civil nuclear development. To alleviate the public’s antinuclear sentiment, the Nuclear Safety Law was formally implemented in 2018, and Measures for Disclosure of Nuclear Safety Information were issued by the Ministry of Ecology and Environment of China in 2020, both stipulating that the public has the right to obtain information about nuclear safety and be involved in related activities. The purpose of such legislation is to eliminate the public’s doubts and phobia about the development of the civil nuclear industry. However, challenges still exist. Although such suggestions have been proposed, such as information disclosure and social involvement should begin as early as the siting of such nuclear facilities, mechanisms to provide sufficient compensation to the public living near nuclear facilities should be established, and these suggestions still have not been applied in the law of China and either not been practiced exactly so far. So, even though all the suggestions have strong feasibility themselves under today’s circumstances in China, it is not easy to judge the effectiveness of these suggestions until they are fully practiced. It is the biggest problem of existing works in this paper. To highlight the serious problems in information disclosure and public involvement in the siting and construction of civil nuclear facilities, several case studies were investigated as the major methodology in this research. Moreover, a legislation study was used to analyze the current content of related legislation and regulations. A qualitative methodology was also adopted to summarize the legal problems surrounding information disclosure and social involvement during the siting and construction of civil nuclear facilities. Information disclosure and public participation still face several obstacles in China, even though laws and regulations guarantee people the right to access available information and take part in pertinent decision-making. This is particularly true when it comes to the siting and construction of civil nuclear facilities. Thus, in the last several years, several antinuclear incidents have been initiated by the public due to a lack of information and mechanisms to participate. According to the examined cases, information disclosure and public involvement are still not sufficient during the siting of nuclear facilities. A relevant compensation mechanism for people living around nuclear facilities has not been established, and public education on basic nuclear safety is lacking. Therefore, public involvement cannot be completely realized. To ensure information disclosure and public involvement in civil nuclear facilities, this article proposes that information disclosure and social involvement begin as early as the siting of such facilities. Furthermore, operators of nuclear facilities and local governments should establish mechanisms to provide sufficient preventive compensation to the public living near nuclear facilities and attempt to popularize the science of nuclear safety to avoid public misunderstanding.

There has been considerable recent debate about prostitution in Europe that reflects concerns about health, employment and human rights. Legal changes are being introduced in many countries. We focus on two examples in order to discuss the likely implications. A new law in The Netherlands is normalizing aspects of the sex industry through decriminalizing both workers and businesses. In Sweden, on the other hand, prostitution is considered to be a social problem, and a new law criminalizes the purchasers of sexual services in an attempt to reduce demand. Both reforms appear to have had their desired effect at one level; in The Netherlands, health and safety regulations will be introduced as in any other job, and EU sex workers gain full social, legal and employment rights; in Sweden there was initially a tenfold decrease in the numbers of women working visibly on the streets, and some workers have left the industry. However, in both countries, the new legislation has also driven some sex work underground. Many sex workers are excluded by the Dutch system and move underground to become effectively invisible to the authorities. In Sweden sex workers and their clients also become less visible in order that the latter can avoid sanction. Social and economic changes, such as increased migration and the growing use of the Internet will also render the sex industry less visible both to state regulation and to health care workers. The major problems of prostitution for the workers remain exploitation, stigma, abuse and criminalization. These are not unique to the industry, and can only be tackled effectively by the self-organization of sex workers into unions and rights groups, along with full decriminalization. An alternative vision is promised through self-organization and anti-racist actions by sex workers in Germany; normalization and workers’ rights are tackled alongside training programmes for those seeking alternatives. Policy makers throughout Europe would do well to look at their experience and not simply at the clash of legal reforms.

A major issue for US antitrust enforcement in the last year or so has been how to achieve maximum detection and deterrence of cartels, even at the cost of weakening certain sanctions. Thus, new legislation protects first-to-confess price fixers from criminal penalties and from trebling of damages owed to customers. To the same end, US enforcement agencies have sought to cut back the ability of foreign victims of the non-US aspects of worldwide cartels to obtain damage relief in American courts. This approach has been justified primarily as facilitating the operation of leniency policies by decreasing the scope, or uncertainty, of the private damage action consequences of confession. Closing US courts to foreign victims has also been justified in terms of the expressed wishes of the US allies (e.g. Germany, Japan, Canada) to fashion their own private remedy policies for their residents. In merger enforcement, trends are steady, but many litigated merger cases were decided against the Government, which could not always support its theories of probable consumer injury with hard facts. Cases involving misuse of intellectual property continue to be aggressively fought, particularly where dubious means are used to enshrine a patented invention as part of an industry standard. US efforts toward international cooperation and harmonisation have had a steady pattern of achievement, but some difficult issues of policy and practice seem intractable, particularly centralisation of merger control and harmonisation of approaches to private remedies.

The paper covers the process of energy sector reform as it relates to the New Zealand Gas Industry. The reform processes are aimed at deregulating the gas industry, encouraging competition within the energy sector, and providing only light-handed controls in the areas of transmission and distribution where competition is unlikely. The paper concentrates on the technical aspects and views the process from the utility point of view. The first section looks at the specific elements of the energy sector reform legislation and identifies the changes that were brought about through the new Gas Act, the Gas Regulations and associated law amendments. The changes range from the removal of the exclusive franchises and price controls through to the development of a new regime to control gasfitting and gas appliances. The second section reviews the relevant aspects of the broader changes of the deregulation process which have impacted on all New Zealand industries as the country moves through the 90s. These changes range from new legislation to manage resources through to changes in the health and safety area. The final section covers the activities and initiatives of the Gas Industry to optimise the opportunities that the deregulation process provides. These changes range from the preparation of access agreements for transportation of gas through to new training structures to ensure that adequate skills are available to maintain the industry's excellent safety and reliability round.

Companies disclosing nonfinancial information through sustainability reporting practices provide markets with data on their social, environmental, and governance performance. The quality of sustainability reporting is much discussed in the literature because this quality affects factors such as the credibility of accountability and building stakeholders’ trust in the company. Nonetheless, the concept of quality is multidimensional, and empirical evidence relating to the quality of sustainability reporting presents different findings. Regulations on mandatory nonfinancial disclosure (NFD) open new perspectives for research on sustainability reporting quality (SRQ). This study explored the effect of introducing mandatory NFD on SRQ by focusing on the effects of new legislation (Directive 2014/95/EU) introduced in Italy and Germany. The analysis was conducted through qualitative content analysis of the sustainability reporting practices of Italian and German companies in the top lists of stock exchanges. Sustainability reporting practices of one year before (2016) and one year after (2017) the implementation of Directive 2014/95/EU were compared. The results of 132 observations demonstrated that the quality of sustainability reporting increased after implementation of the law on mandatory NFD. Further, the effect of the law seemed to reduce the differences in SRQ of the two countries before the introduction of mandatory NFD. The results suggested that obligatoriness of NFD affects SRQ together with other relevant determinants focused on by previous research (e.g., company size and industry type).

Efficient packaging waste management systems are essential considering recent revisions of the European legislation on packaging waste management that sets ambitious targets. European rules aim to deal with the increasing quantities of packaging waste, which cause environmental problems. Consequently, it is necessary to identify functional packaging waste management systems to achieve these targets effectively and efficiently. However, given the heterogeneity of the different packaging management systems, policymakers, scholars, and industry operators struggle to have a comparative view. The number of non-harmonized laws in force across countries, autonomous recycling targets, and constant updates are prominent problems that make it difficult to obtain comparable information for research, business, and policymaking. To fill this gap, our research question consists of assigning responsibilities for prevention, collection, recycling, and recovery and an overview of some models at a glance with respect to the general governance and functioning of the system. We base our research on a multiple-case design since more cases are examined using complementary data collection methods, analysis of the previous literature, reports, legislation, and business and institutional websites. Our results provide insights from the following cases: Germany, France, the United Kingdom, the Netherlands, Portugal, Denmark, Spain, and Italy. In addition, policy implications emerge as our insights help overcome barriers in the European market’s development caused by the different rules on packaging management and design serving policymakers that aim to harmonize the management of packaging waste. The paper also contains managerial implications for circular economy business models that can be used by managers who aim to design or upgrade their business models according to both recent legislative upgrades and packaging management systems.

Global value chains (supply chains) have attracted close attention of representatives of the scientific, business and political circles. Foreign scholars and researchers have convincingly proved that the global value chain is an independent object for study in international commercial law.In recent years, the leading European legal systems have strengthened the protection of the most vulnerable participants in cross-border relations: workers, other individuals affected by the negative impact of global supply flows. In France, the UK, the Netherlands, Germany, Switzerland, as well as at the supranational level in the EU, legislation regulating supply chains is developing. By assigning responsibility to large corporations for cross border violations committed in chains coordinated by them, foreign law is focused on solving socially significant tasks.From a legal point of view, the supply chain is a complex, multi-level system of contracts subordinated to a uniform economic goal. The dominant legal regulation of private relations within supply chains has a non-state origin and is formed by private entities, mainly large multinational corporations. To explain the legal effect of such global regulatory systems, the paper introduces the concept of a «transnational legal order» based on the mechanisms of private law. The transnational legal order, along with the formation of binding (contractual) ties between entities, plays a unifying — organizing and coordinating — role in supply chains. In addition, it creates a platform for the international dissemination of national norms of law, as well as «voluntary» standards and rules formulated in private, social and ethical practices that are not initially endowed with legal force. The contractual form of consolidation contributes to their legitimization. The paper justifies the emergence of a new direction of research in the framework of international commercial law — transnational supply chain law.The trends in the development of international commercial law include digitalization, environmentalization, socialization, industry fragmentation and extraterritoriality of regulation.

The object of research in science and technology valleys and technology incubators, which for governments are the best investment of the scientific energies of scientists and innovators. As they are a link between research institutions and the industrial and service sectors, and as they transfer ideas and research results to different markets. This research aims to highlight the importance of Localization science and technology valleys and technological incubators related to nuclear activities, as they are one of the important tributaries to support the owners of the ideas of ambitious nuclear projects. The research also aims to shed light on the problems and obstacles that hinder the achievement of the desired goals of nuclear activities, such as: – the lack of information in the fields related to it; – the scarcity of expertise needed to implement it; – the lack of funding; – the absence of investors in this highly specific «nuclear» sector. The research presents the extent of the possibility of Localization those nuclear activities in Egypt through establishment valleys and incubators so that through this Localization there is an integrated environment of services and support that will ensure their development, raise their growth rates, and increase their efficiency. It is will lead to an increase in the chances of their success and sustainability, especially since Nuclear technology is used in many fields of industry, medicine, and agriculture. The research highlight the provisions of Egyptian Law regarding science, technology, and innovation incentives, as well as Egyptian Law establishing the Innovators Care Fund, to determine the possibility of establishing these valleys and incubators through the provisions of Egyptian legislation. Obtained results will have reached a great impact in encouraging investors and financiers to enter into technological partnerships with nuclear agencies in Egypt for the sake of safe investment in the elements associated with nuclear materials.

Mechanical engineering in combination with the IT-sphere is the sector of the economy with the highest potential for the creation and implementation of product, technical and technological innovations, as well as a key centre of intersectoral relations. The importance of mechanical engineering for industry and the economy in general is confirmed by its high and growing share in the gross added value of the processing industry of the vast majority of developed industrial EU countries: 48,4 % in Germany, 25,5 % in Poland, while in Ukraine it is only 17 %. Domestic engineering is characterized by generally negative development trends, which have intensified as a result of the military aggression of the russian. Accordingly, the purpose of the article is to substantiate the approaches to the improvement of regulatory and legal instruments for stimulating the development of mechanical engineering in Ukraine. The author substantiates the effectiveness of the use of protectionist policy tools in relation to the domestic automobile industry during 1995-2008, which resulted in the increase in the production and export of automobiles. Ukrainian legislation in the field of stimulating the development of the production of machine-building products for the agro-industrial complex is analyzed in detail, and its key shortcomings are identified, in particular in terms of calculating the degree of localization and determining the share of imports in public procurement. It was emphasized that the production of domestic machine-building products for the agro-industrial complex depends significantly on the import of the most important components (engines, gearboxes), a significant part of which came from the russian federation and Belarus. In order to overcome such import dependence (especially after the introduction of a full trade embargo with russia), the author's proposals were submitted, in particular, to the Law of Ukraine “On Stimulating the Development of Domestic Mechanical Engineering for the Agro-Industrial Complex”, the Law of Ukraine “On Public Procurement” and the Government's Program to Reduce Prices agricultural machinery and equipment of domestic production. Taking into account these proposals will contribute to the implementation of the plan for the post-war recovery of the economy of Ukraine, which was announced by the team of the President's Office and representatives of the government.

ecopa, the European Consensus-Platform on Alternatives, is an international not-for-profit organisation, based in Belgium and complying with Belgian Law. It is the only quadripartite organisation that promotes the Three Rs at the European level. Ecopa brings together national consensus platforms on alternative methods. Consensus means that all parties concerned are represented, including animal welfare, industry, academia and government. Ecopa currently includes the National Platforms of 14 EU Member States (or future Member States; eight full members, namely, Austria, Belgium, Finland, Germany, The Netherlands, Spain, Switzerland and the UK, and six associate members, being the Czech Republic, Denmark, Italy, Norway, Poland and Sweden). Ecopa also has three working groups, concerned with: a) the 6th Framework Programme of the EC for Research, Technological Development and Demonstration Activities; b) the EC White Paper Strategy for a Future EU Chemicals Policy; and c) the formation of educational programmes on alternative methods within the EU. Ecopa is thus uniquely placed and has huge expertise to offer to the debate around political topics, including the White Paper, the 6th Framework Programme, and the 7th Amendment of the EU Cosmetics Directive. Ecopa should be considered a key stakeholder by the European Commission and Parliament, and it is essential that the views of ecopa are fully incorporated into future legislation. Recently, the ecopa working groups made a strong common statement on the Chemicals Policy White Paper and made a number of recommendations to the Commission based on scientific, practical and realistic grounds. These are to be found on the ecopa Web site ( http://ecopa.tsx.org/ or http://ecopa.vub.ac.be ).

Topicality. In almost all historical eras there have been attempts to reduce the misery caused by armed conflicts. The armed aggression of the Russian Federation against Ukraine, which began with the occupation of Crimea in February-March 2014, the hybrid war in Donbas since April 2014, and the open full-scale armed invasion on February 24, 2022, is not an exception, and is accompanied by an unprecedented destruction of the Ukrainian civilian population, including children, the destruction of Ukrainian cities, cultural and spiritual values forces the leadership of the country and ordinary people, in search of international protection, justice and punishment of the aggressor, to appeal to the norms of international law, regarding the search for compensation mechanisms for damages caused by using the possibilities of the insurance institute.Acquaintance with the foreign experience of conducting international insurance business will allow to form the prerequisites for the implementation of Ukraine's strategic course for integration into the global economic space. After all, the functioning of the insurance market of Ukraine in conditions of strengthening globalization and integration processes, trends of capital concentration in the financial sector of the economy determines the need to improve the methodical support of the functioning of the risk management system in insurance companies, taking into account world experience and military aggression from the Russian Federation.Aim and tasks. The purpose of the article is to contribute to the formation of fundamental knowledge regarding the peculiarities of conducting international insurance business and the functioning of the military risk insurance institute, its problems and modern trends, organizational-legal and financial-economic bases of activity and peculiarities of the implementation of international types of insurance and reinsurance for financing military risks, international experience of using financial instruments, forms of interaction between the insurance market and the capital market, the foundations of banking and insurance groups as institutions of the international insurance market.Research results. The implementation of the norms of international law covers various spheres of activity, starting from the adoption of legislative measures and ending with practical issues, for example, the implementation of certain methods and means of compensation for damages.The War Insurance Institute traces its origins to World War I legislation that created the agency to supplement the inadequate war insurance then available in the commercial insurance market. This agency, the Bureau of War Risk Insurance, had the authority to insure American vessels, freight, cargo, and crew against loss or damage caused by the risks of war. This agency was later abolished and its merchant shipping functions were taken over by the Maritime Administration, Department of Commerce.Risk is a concept that is universal in everyday use. It is simply an expression of the potential of a certain action to result in a certain loss. Risk is a combination of the probability of an event and its consequences. awareness of the consequences of various actions or events is clearly necessary to make informed decisions about public safety. If the core of a nuclear reactor melts down, there will be a massive release of radioactivity. Even if it were contained to a nuclear plant, the public trauma would cause pressure to shut down the nuclear industry, as happened in Japan. This key paradigm, which has been highlighted in the risk literature for more than half a century, shows that awareness of the probability of an adverse event should also be important to decision makers.War risk insurance is an insurance policy that provides financial protection to the policyholder against losses due to events such as invasions, insurrections, riots, strikes, revolutions, military coups and terrorism.Conclusion. The possibilities of insurance companies are also limited in the context of compensation for losses from hostilities. The Government of Ukraine should work on this complex issue. Carry out work on the assessment of losses that have already been caused or may be caused in the future in order to have grounds for bringing the aggressor to justice. The Russian Federation must pay. Also, the mechanism needs to attract international assistance to create a Fund from which compensation will be paid. The creation of such a Fund guarantees the coverage of losses of vehicles - wagons, planes, barges, etc.The Institute of Military Risk Insurance needs to focus on the following conclusions: military risk insurance is the coverage of losses arising from such events as war, invasion, insurrection, riots, strikes and terrorism; military risk insurance is offered as a separate policy, as it is excluded from standard insurance policies due to high risks; companies operating in high-risk countries are good candidates for military risk insurance; military risk insurance is often excluded from standard policies due to the inability of insurance companies to accurately predict losses and, therefore, charge appropriate premiums.

<p>Water is a critical element of electric power production in the U.S., particularly in the Great Lakes Basin region. Thermoelectric power generation accounts for the majority of all water withdrawals in the Basin, in large part due to the comparatively heavy concentrations of coal and nuclear power generation that utilize open-loop cooling. This paper explores how different energy generation portfolios could affect the water resources of the Great Lakes Basin. The suite of power generation scenarios analyzed reflects a range of potential outcomes resulting from the implementation of key national and regional energy and environmental policies for the electric power industry. These policies include U.S. EPA’s pending power plant cooling water intake standards, state renewable energy portfolio standards, possible climate change legislation, and the 2005 Great Lakes regional water resource agreement (Great Lakes and St. Lawrence River Basin Water Resources Compact of 2005; Public Law 110–342). Five scenarios were analyzed, resulting in different levels and intensities of total water use (withdrawal and consumption) in hydrologically-sensitive watersheds. These results confirm the close relationship between water and energy in the Great Lakes, and point to the need to take into account water resource impacts in designing future energy and environmental policies.</p>

Abstract Germany streamlined its nuclear phase-out policy following the Fukushima Daishi nuclear accident, planning to decommission all of its nuclear capacity by 2022. As a member of the EU, although Germany is entitled to determine its own energy mix pursuant to Article 194(2) of the TFEU, this policy may conflict with other EU legislation and jurisprudence relevant to the EU energy sector. In particular, in this paper, we argue that the German nuclear phase-out may be contrary to the European Atomic Energy Community Treaty and the primary and secondary EU legislation regarding security of energy supply. We explore how Germany’s commitments under this legislation act as a limitation to its national energy policy autonomy and might entail the unlawfulness of the German nuclear phase-out strategy.

Japan’s discharge of Fukushima nuclear wastewater into the sea will have a profound and far-reaching impact on the marine environment and the fishing industry. Although Japan did not discharge nuclear wastewater directly into China’s waters, the wastewater flowed into the sea and infringed upon China’s rights and interests in pelagic fishing, as the nuclear-contaminated water is fundamentally different from discharges from normal nuclear plants. After the People’s Republic of China was founded, the Central Government and people’s governments of all levels started to manage fishery. However, the fishery management measures at this stage were primarily targeted the fishing industry itself, particularly the marine fishing industry. Several problems of China’s existing fishery legislation do not cope effectively with Japan’s nuclear sewage discharge. China’s fishery legislation keeps pace with the development pace of international laws, but it has not enacted specific regulations on certain types of marine pollution, such as nuclear sewage pollution. The Fisheries Law of the People’s Republic of China needs to produce an extraterritorial effect indirectly through other laws and regulations. China’s existing domestic laws only stipulate the rights of coastal countries. In this context, China’s fishery legislature should find a way forward, including changes in management standards; facilitating the formation of a complete extraterritorial effect by China’s fishery legislation a complete extraterritorial effect; improving supporting administrative legislation system; and facilitating the digitalization of fishing management to monitor Japan’s nuclear sewage discharge and its resultant harm, etc.

The following theses are claimed, several contrasting current climate policies and taxonomies. Analysis, based on solely carbon dioxide emission and energy budget, concludes a set of concrete solutions for mitigating climate change effects. Some of the theses violate more orthodox policy which is thus protested against in order to move forward. • Our long-term goal must be to stop using all carbon-containing fuels, including natural gas and other fossil products as well as biofuels. • We must electrify society and industry, with electricity from only non-carbon-based power including nuclear power, hydro-electric, wind and solar power. • We must prepare ourselves for changes. Even if the present emission volumes of carbon dioxide were possible to stop immediately, various lag effects are inevitable and negative development will therefore continue for considerable time. • We must count with continued melting of land ice, the complete liquifying of the Antarctica ice expected to lead to a global sea level rise by some 60 m, flooding most capitals. Among various solutions to mitigate the effects of ice melting, including lowered global temperatures, the following is proposed. • To mitigate sea level rise, stationary water reservoirs should be built around the world. With estimated melting rates it would require ca 1 million reservoirs be deployed or expanded during the next 20-40 years. • Such reservoirs could also solve the emergent problem of lack of fresh water in many places. They could also be used for local storage of hydroelectric energy by using pump storage hydroelectric (PSH) technology. • All energy production sources should be analyzed according to a Total Balanced Energy Budget (TBEB) with the main objective of minimizing the emissions of greenhouse gases. • For each region/country, a table of available or conceivable complementary electric energy sources should be made and ranked according to TBEB—the sources given priority weights depending on feasibility, significance, and environmental friendliness. Tables are presented for Sweden, Norway, Denmark, Germany, France, Ukraine, California, Massachusetts, Maine, Peru, Australia, China and Japan. Generally, we find the following rank of priority applicable. • Solar energy from desert arid areas is given highest priority in replacing carbon-based forms of energy. Submarine electric cables may be deployed along the Australia-Singapore model, if the available power grids are insufficient for the energy transport. • Electrolysis of water producing clean hydrogen gas is given very high priorityboth for using hydrogen as fuel as well as for energy storage. Improved efficiency should be achieved by the development of electrolysis catalysts. • Hydroelectric power in combination with PSH is given high priority to mitigate both grid power fluctuations as well as source (solar and wind) intermittence. • False hope should not be seeded among society and politicians by inflating projects that are less realistic or suboptimal for technological, economic or other reasons. Here, probably most forms of “biofuels” (which although being “carbon neutral” do produce carbon dioxide) and “carbon capture” (catching carbon dioxide gas at the combustion site, compressing it to liquid and depositing it in salt mines or empty oil fields) are considered less significant compared to other more direct solutions. Both biofuels and carbon capture may be associated with social and environmental issues. • Political legislation and instruments (“taxonomy”) invented with the original objective of mitigating negative climate change effects should be reanalyzed and changed if not functional. The EU Emissions Trading System (EU ETS)—a market for outlet rights, for example, is a local initiative which despite its valuable ambition might be suboptimal with respect to goal of efficient decrease of carbon dioxide emission globally. Similarly, “climate taxonomy” can create loopholes bypassing a sound TBEB. • Science-based targets (SBT) to decarbonize the private sector as part of global efforts to achieve the temperature goal of the Paris Agreement should be further encouraged. • Solve economic and political challenges allowing and promoting establishment of required international energy collaborations (e.g., for solar energy cross-continental transport programs).

The relevance of the research subject is conditioned upon the scientific originality and practical significance of using modern capabilities of unmanned aerial vehicles by police authorities and units. The relevance of the research issue is that the provisions of the current legislation defining the legal basis for using unmanned aerial vehicles by police authorities and units are mostly formally defined. Based on this, and considering that the law enforcement system has encountered new challenges which constantly require the introduction of the latest methods and means of countering crime, including using modern achievements of digital, technological, scientific and technical progress, the purpose of this research is to analyse the foreign experience of using unmanned aerial systems by law enforcement agencies, and based on this, to develop proposals for improving the current legislation in the part concerning using UAVs. The research methodology includes a combination of general scientific and special methods that allow for defining assumptions and drawing conclusions. The research examines the relevant issues of the day concerning using the technical capabilities of unmanned aerial systems in the course of performing the tasks assigned to police agencies and units. In particular, the author examines the international experience of some technologically advanced countries (the USA, Great Britain, Germany, France, China and Israel) in using modern capabilities of unmanned aerial vehicles by law enforcement agencies. Attention is devoted to the development of the aviation industry of Ukraine in terms of the design of Ukrainian unmanned aerial vehicles, and the prospects for their implementation in the activities of the National Police. The author outlines the main prospects for using unmanned aerial vehicles in the activities of police agencies and units. In particular, those related to the protection of public order, road safety, detection, suppression and counteraction to criminal and administrative offences, and protection and defence of human rights and freedoms, life and health. The scientific originality and practical significance of the research are that it highlights the current possibilities of using unmanned aerial vehicles by police authorities and units, outlines some issues of a working nature which require resolution, and, based on international experience, identifies the areas for improvement of the current legislation on using unmanned aerial vehicles by the National Police

Each community’s title deed carries the indelible blood stains of our ancestors. (Watson, "Howard’s End" 2)IntroductionAccording to the Oxford English Dictionary, the term coalition comes from the Latin coalescere or ‘coalesce’, meaning “come or bring together to form one mass or whole”. Coalesce refers to the unity affirmed as something grows: co – “together”, alesce – “to grow up”. While coalition is commonly associated with formalised alliances and political strategy in the name of self-interest and common goals, this paper will draw as well on the broader etymological understanding of coalition as “growing together” in order to discuss the Australian government’s recent changes to land rights legislation, the 2007 Emergency Intervention into the Northern Territory, and its decision to use Indigenous land in the Northern Territory as a dumping ground for nuclear waste. What unites these distinct cases is the role of the Australian nation-state in asserting its sovereign right to decide, something Giorgio Agamben notes is the primary indicator of sovereign right and power (Agamben). As Fiona McAllan has argued in relation to the Northern Territory Intervention: “Various forces that had been coalescing and captivating the moral, imaginary centre were now contributing to a spectacular enactment of a sovereign rescue mission” (par. 18). Different visions of “growing together”, and different coalitional strategies, are played out in public debate and policy formation. This paper will argue that each of these cases represents an alliance between successive, oppositional governments - and the nourishment of neoliberal imperatives - over and against the interests of some of the Indigenous communities, especially with relation to land rights. A critical stance is taken in relation to the alterations to land rights laws over the past five years and with the Northern Territory Emergency Intervention, hereinafter referred to as the Intervention, firstly by the Howard Liberal Coalition Government and later continued, in what Anthony Lambert has usefully termed a “postcoalitional” fashion, by the Rudd Labor Government. By this, Lambert refers to the manner in which dominant relations of power continue despite the apparent collapse of old political coalitions and even in the face of seemingly progressive symbolic and material change. It is not the intention of this paper to locate Indigenous people in opposition to models of economic development aligned with neoliberalism. There are examples of productive relations between Indigenous communities and mining companies, in which Indigenous people retain control over decision-making and utilise Land Council’s to negotiate effectively. Major mining company Rio Tinto, for example, initiated an Aboriginal and Torres Strait Islanders Policy platform in the mid-1990s (Rio Tinto). Moreover, there are diverse perspectives within the Indigenous community regarding social and economic reform governed by neoliberal agendas as well as government initiatives such as the Intervention, motivated by a concern for the abuse of children, as outlined in The Little Children Are Sacred Report (Wild & Anderson; hereinafter Little Children). Indeed, there is no agreement on whether or not the Intervention had anything to do with land rights. On the one hand, Noel Pearson has strongly opposed this assertion: “I've got as much objections as anybody to the ideological prejudices of the Howard Government in relation to land, but this question is not about a 'land grab'. The Anderson Wild Report tells us about the scale of Aboriginal children's neglect and abuse" (ABC). Marcia Langton has agreed with this stating that “There's a cynical view afoot that the emergency intervention was a political ploy - a Trojan Horse - to sneak through land grabs and some gratuitous black head-kicking disguised as concern for children. These conspiracy theories abound, and they are mostly ridiculous” (Langton). Patrick Dodson on the other hand, has argued that yes, of course, the children remain the highest priority, but that this “is undermined by the Government's heavy-handed authoritarian intervention and its ideological and deceptive land reform agenda” (Dodson). WhitenessOne way to frame this issue is to look at it through the lens of critical race and whiteness theory. Is it possible that the interests of whiteness are at play in the coalitions of corporate/private enterprise and political interests in the Northern Territory, in the coupling of social conservatism and economic rationalism? Using this framework allows us to identify the partial interests at play and the implications of this for discussions in Australia around sovereignty and self-determination, as well as providing a discursive framework through which to understand how these coalitional interests represent a specific understanding of progress, growth and development. Whiteness theory takes an empirically informed stance in order to critique the operation of unequal power relations and discriminatory practices imbued in racialised structures. Whiteness and critical race theory take the twin interests of racial privileging and racial discrimination and discuss their historical and on-going relevance for law, philosophy, representation, media, politics and policy. Foregrounding contemporary analysis in whiteness studies is the central role of race in the development of the Australian nation, most evident in the dispossession and destruction of Indigenous lands, cultures and lives, which occurred initially prior to Federation, as well as following. Cheryl Harris’s landmark paper “Whiteness as Property” argues, in the context of the US, that “the origins of property rights ... are rooted in racial domination” and that the “interaction between conceptions of race and property ... played a critical role in establishing and maintaining racial and economic subordination” (Harris 1716).Reiterating the logic of racial inferiority and the assumption of a lack of rationality and civility, Indigenous people were named in the Australian Constitution as “flora and fauna” – which was not overturned until a national referendum in 1967. This, coupled with the logic of terra nullius represents the racist foundational logic of Australian statehood. As is well known, terra nullius declared that the land belonged to no-one, denying Indigenous people property rights over land. Whiteness, Moreton-Robinson contends, “is constitutive of the epistemology of the West; it is an invisible regime of power that secures hegemony through discourse and has material effects in everyday life” (Whiteness 75).In addition to analysing racial power structures, critical race theory has presented studies into the link between race, whiteness and neoliberalism. Roberts and Mahtami argue that it is not just that neoliberalism has racialised effects, rather that neoliberalism and its underlying philosophy is “fundamentally raced and produces racialized bodies” (248; also see Goldberg Threat). The effect of the free market on state sovereignty has been hotly debated too. Aihwa Ong contends that neoliberalism produces particular relationships between the state and non-state corporations, as well as determining the role of individuals within the body-politic. Ong specifies:Market-driven logic induces the co-ordination of political policies with the corporate interests, so that developmental discussions favour the fragmentation of the national space into various contiguous zones, and promote the differential regulation of the populations who can be connected to or disconnected from global circuits of capital. (Ong, Neoliberalism 77)So how is whiteness relevant to a discussion of land reform, and to the changes to land rights passed along with Intervention legislation in 2007? Irene Watson cites the former Minister for Indigenous Affairs, Mal Brough, who opposed the progressive individual with what he termed the “failed collective.” Watson asserts that in the debates around land leasing and the Intervention, “Aboriginal law and traditional roles and responsibilities for caring and belonging to country are transformed into the cause for community violence” (Sovereign Spaces 34). The effects of this, I will argue, are twofold and move beyond a moral or social agenda in the strictest sense of the terms: firstly to promote, and make more accessible, the possibility of private and government coalitions in relation to Indigenous lands, and secondly, to reinforce the sovereignty of the state, recognised in the capacity to make decisions. It is here that the explicit reiteration of what Aileen Moreton-Robinson calls “white possession” is clearly evidenced (The Possessive Logic). Sovereign Interventions In the Northern Territory 50% of land is owned by Indigenous people under the Aboriginal Land Rights Act 1976 (ALRA) (NT). This law gives Indigenous people control, mediated via land councils, over their lands. It is the contention of this paper that the rights enabled through this law have been eroded in recent times in the coalescing interests of government and private enterprise via, broadly, land rights reform measures. In August 2007 the government passed a number of laws that overturned aspects of the Racial Discrimination Act 197 5(RDA), including the Northern Territory National Emergency Response Bill 2007 and the Aboriginal Land Rights (Northern Territory) Amendment (Township Leasing) Bill 2007. Ostensibly these laws were a response to evidence of alarming levels of child abuse in remote Indigenous communities, which has been compiled in the special report Little Children, co-chaired by Rex Wild QC and Patricia Anderson. This report argued that urgent but culturally appropriate strategies were required in order to assist the local communities in tackling the issues. The recommendations of the report did not include military intervention, and instead prioritised the need to support and work in dialogue with local Indigenous people and organisations who were already attempting, with extremely limited resources, to challenge the problem. Specifically it stated that:The thrust of our recommendations, which are designed to advise the NT government on how it can help support communities to effectively prevent and tackle child sexual abuse, is for there to be consultation with, and ownership by the local communities, of these solutions. (Wild & Anderson 23) Instead, the Federal Coalition government, with support from the opposition Labor Party, initiated a large scale intervention, which included the deployment of the military, to install order and assist medical personnel to carry out compulsory health checks on minors. The intervention affected 73 communities with populations of over 200 Aboriginal men, women and children (Altman, Neo-Paternalism 8). The reality of high levels of domestic and sexual abuse in Indigenous communities requires urgent and diligent attention, but it is not the space of this paper to unpack the media spectacle or the politically determined response to these serious issues, or the considered and careful reports such as the one cited above. While the report specifies the need for local solutions and local control of the process and decision-making, the Federal Liberal Coalition government’s intervention, and the current Labor government’s faithfulness to these, has been centralised and external, imposed upon communities. Rebecca Stringer argues that the Trojan horse thesis indicates what is at stake in this Intervention, while also pinpointing its main weakness. That is, the counter-intuitive links its architects make between addressing child sexual abuse and re-litigating Indigenous land tenure and governance arrangements in a manner that undermines Aboriginal sovereignty and further opens Aboriginal lands to private interests among the mining, nuclear power, tourism, property development and labour brokerage industries. (par. 8)Alongside welfare quarantining for all Indigenous people, was a decision by parliament to overturn the “permit system”, a legal protocol provided by the ALRA and in place so as to enable Indigenous peoples the right to refuse and grant entry to strangers wanting to access their lands. To place this in a broader context of land rights reform, the Aboriginal Land Rights (Northern Territory) Act 2006, created the possibility of 99 year individual leases, at the expense of communal ownership. The legislation operates as a way of individualising the land arrangements in remote Indigenous communities by opening communal land up as private plots able to be bought by Aboriginal people or any other interested party. Indeed, according to Leon Terrill, land reform in Australia over the past 10 years reflects an attempt to return control of decision-making to government bureaucracy, even as governments have downplayed this aspect. Terrill argues that Township Leasing (enabled via the 2006 legislation), takes “wholesale decision-making about land use” away from Traditional Owners and instead places it in the hands of a government entity called the Executive Director of Township Leasing (3). With the passage of legislation around the Intervention, five year leases were created to enable the Commonwealth “administrative control” over the communities affected (Terrill 3). Finally, under the current changes it is unlikely that more than a small percentage of Aboriginal people will be able to access individual land leasing. Moreover, the argument has been presented that these reforms reflect a broader project aimed at replacing communal land ownership arrangements. This agenda has been justified at a rhetorical level via the demonization of communal land ownership arrangements. Helen Hughes and Jenness Warin, researchers at the rightwing think-tank, the Centre for Independent Studies (CIS), released a report entitled A New Deal for Aborigines and Torres Strait Islanders in Remote Communities, in which they argue that there is a direct casual link between communal ownership and economic underdevelopment: “Communal ownership of land, royalties and other resources is the principle cause of the lack of economic development in remote areas” (in Norberry & Gardiner-Garden 8). In 2005, then Prime Minister, John Howard, publicly introduced the government’s ambition to alter the structure of Indigenous land arrangements, couching his agenda in the language of “equal opportunity”. I believe there’s a case for reviewing the whole issue of Aboriginal land title in the sense of looking more towards private recognition …, I’m talking about giving them the same opportunities as the rest of their fellow Australians. (Watson, "Howard’s End" 1)Scholars of critical race theory have argued that the language of equality, usually tied to liberalism (though not always) masks racial inequality and even results in “camouflaged racism” (Davis 61). David Theo Goldberg notes that, “the racial status-quo - racial exclusions and privileges favouring for the most part middle - and upper class whites - is maintained by formalising equality through states of legal and administrative science” (Racial State 222). While Howard and his coalition of supporters have associated communal title with disadvantage and called for the equality to be found in individual leases (Dodson), Altman has argued that there is no logical link between forms of communal land ownership and incidences of sexual abuse, and indeed, the government’s use of sexual abuse disingenuously disguises it’s imperative to alter the land ownership arrangements: “Given the proposed changes to the ALRA are in no way associated with child sexual abuse in Aboriginal communities […] there is therefore no pressing urgency to pass the amendments.” (Altman National Emergency, 3) In the case of the Intervention, land rights reforms have affected the continued dispossession of Indigenous people in the interests of “commercial development” (Altman Neo-Paternalism 8). In light of this it can be argued that what is occurring conforms to what Aileen Moreton-Robinson has highlighted as the “possessive logic of patriarchal white sovereignty” (Possessive Logic). White sovereignty, under the banner of benevolent paternalism overturns the authority it has conceded to local Indigenous communities. This is realised via township leases, five year leases, housing leases and other measures, stripping them of the right to refuse the government and private enterprise entry into their lands (effectively the right of control and decision-making), and opening them up to, as Stringer argues, a range of commercial and government interests. Future Concerns and Concluding NotesThe etymological root of coalition is coalesce, inferring the broad ambition to “grow together”. In the issues outlined above, growing together is dominated by neoliberal interests, or what Stringer has termed “assimilatory neoliberation”. The issue extends beyond a social and economic assimilationism project and into a political and legal “land grab”, because, as Ong notes, the neoliberal agenda aligns itself with the nation-state. This coalitional arrangement of neoliberal and governmental interests reiterates “white possession” (Moreton-Robinson, The Possessive Logic). This is evidenced in the position of the current Labor government decision to uphold the nomination of Muckaty as a radioactive waste repository site in Australia (Stokes). In 2007, the Northern Land Council (NLC) nominated Muckaty Station to be the site for waste disposal. This decision cannot be read outside the context of Maralinga, in the South Australian desert, a site where experiments involving nuclear technology were conducted in the 1960s. As John Keane recounts, the Australian government permitted the British government to conduct tests, dispossessing the local Aboriginal group, the Tjarutja, and employing a single patrol officer “the job of monitoring the movements of the Aborigines and quarantining them in settlements” (Keane). Situated within this historical colonial context, in 2006, under a John Howard led Liberal Coalition, the government passed the Commonwealth Radioactive Waste Management Act (CRWMA), a law which effectively overrode the rulings of the Northern Territory government in relation decisions regarding nuclear waste disposal, as well as overriding the rights of traditional Aboriginal owners and the validity of sacred sites. The Australian Labor government has sought to alter the CRWMA in order to reinstate the importance of following due process in the nomination process of land. However, it left the proposed site of Muckaty as confirmed, and the new bill, titled National Radioactive Waste Management retains many of the same characteristics of the Howard government legislation. In 2010, 57 traditional owners from Muckaty and surrounding areas signed a petition stating their opposition to the disposal site (the case is currently in the Federal Court). At a time when nuclear power has come back onto the radar as a possible solution to the energy crisis and climate change, questions concerning the investments of government and its loyalties should be asked. As Malcolm Knox has written “the nuclear industry has become evangelical about the dangers of global warming” (Knox). While nuclear is a “cleaner” energy than coal, until better methods are designed for processing its waste, larger amounts of it will be produced, requiring lands that can hold it for the desired timeframes. For Australia, this demands attention to the politics and ethics of waste disposal. Such an issue is already being played out, before nuclear has even been signed off as a solution to climate change, with the need to find a disposal site to accommodate already existing uranium exported to Europe and destined to return as waste to Australia in 2014. The decision to go ahead with Muckaty against the wishes of the voices of local Indigenous people may open the way for the co-opting of a discourse of environmentalism by political and business groups to promote the development and expansion of nuclear power as an alternative to coal and oil for energy production; dumping waste on Indigenous lands becomes part of the solution to climate change. During the 2010 Australian election, Greens Leader Bob Brown played upon the word coalition to suggest that the Liberal National Party were in COALition with the mining industry over the proposed Mining Tax – the Liberal Coalition opposed any mining tax (Brown). Here Brown highlights the alliance of political agendas and business or corporate interests quite succinctly. Like Brown’s COALition, will government (of either major party) form a coalition with the nuclear power stakeholders?This paper has attempted to bring to light what Dodson has identified as “an alliance of established conservative forces...with more recent and strident ideological thinking associated with free market economics and notions of individual responsibility” and the implications of this alliance for land rights (Dodson). It is important to ask critical questions about the vision of “growing together” being promoted via the coalition of conservative, neoliberal, private and government interests.Acknowledgements Many thanks to the reviewers of this article for their useful suggestions. ReferencesAustralian Broadcasting Authority. “Noel Pearson Discusses the Issues Faced by Indigenous Communities.” Lateline 26 June 2007. 22 Nov. 2010 ‹http://www.abc.net.au/lateline/content/2007/s1962844.htm>. Agamben, Giorgio. Homo Sacer. Stanford, California: Stanford University Press, 1998. Altman, Jon. “The ‘National Emergency’ and Land Rights Reform: Separating Fact from Fiction.” A Briefing Paper for Oxfam Australia, 2007. 1 Aug. 2010 ‹http://www.oxfam.org.au/resources/filestore/originals/OAus-EmergencyLandRights-0807.pdf>. Altman, Jon. “The Howard Government’s Northern Territory Intervention: Are Neo-Paternalism and Indigenous Development Compatible?” Centre for Aboriginal Economic Policy Research Topical Issue 16 (2007). 1 Aug. 2010 ‹http://caepr.anu.edu.au/system/files/Publications/topical/Altman_AIATSIS.pdf>. 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Durham: Duke University Press, 2006. 75-97.Oxford English Dictionary. 3rd. ed. Oxford: Oxford UP, 2005. Rio Tinto. "Rio Tinto Aboriginal Policy and Programme Briefing Note." June 2007. 22 Nov. 2010 ‹http://www.aboriginalfund.riotinto.com/common/pdf/Aboriginal%20Policy%20and%20Programs%20-%20June%202007.pdf>. Roberts, David J., and Mielle Mahtami. “Neoliberalising Race, Racing Neoliberalism: Placing 'Race' in Neoliberal Discourses.” Antipode 42.2 (2010): 248-257. Stringer, Rebecca. “A Nightmare of the Neocolonial Kind: Politics of Suffering in Howard's Northern Territory Intervention.” borderlands ejournal 6.2 (2007). 22 Nov. 2010 ‹http://www.borderlands.net.au/vol6no2_2007/stringer_intervention.htm>.Stokes, Dianne. "Muckaty." n.d. 1 Aug. 2010 ‹http://www.timbonham.com/slideshows/Muckaty/>. Terrill, Leon. “Indigenous Land Reform: What Is the Real Aim of Land Reform?” Edited version of a presentation provided at the 2010 National Native Title Conference, 2010. Watson, Irene. “Sovereign Spaces, Caring for Country and the Homeless Position of Aboriginal Peoples.” South Atlantic Quarterly 108.1 (2009): 27-51. Watson, Nicole. “Howard’s End: The Real Agenda behind the Proposed Review of Indigenous Land Titles.” Australian Indigenous Law Reporter 9.4 (2005). ‹http://www.austlii.edu.au/au/journals/AILR/2005/64.html>.Wild, R., and P. Anderson. Ampe Akelyernemane Meke Mekarie: The Little Children Are Sacred. Report of the Northern Territory Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse. Northern Territory: Northern Territory Government, 2007.

Unconventional energy sources have become increasingly important to the global energy mix. These include coal seam gas, shale gas and shale oil. The unconventional gas industry was pioneered in the United States and embraced following the first oil shock in 1973 (Rogers). As has been the case with many global resources (Hiscock), many of the same companies that worked in the USA carried their experience in this industry to early Australian explorations. Recently the USA has secured significant energy security with the development of unconventional energy deposits such as the Marcellus shale gas and the Bakken shale oil (Dobb; McGraw). But this has not come without environmental impact, including contamination to underground water supply (Osborn, Vengosh, Warner, Jackson) and potential greenhouse gas contributions (Howarth, Santoro, Ingraffea; McKenna). The environmental impact of unconventional gas extraction has raised serious public concern about the introduction and growth of the industry in Australia. In coal rich Australia coal seam gas is currently the major source of unconventional gas. Large gas deposits have been found in prime agricultural land along eastern Australia, such as the Liverpool Plains in New South Wales and the Darling Downs in Queensland. Competing land-uses and a series of environmental incidents from the coal seam gas industry have warranted major protest from a coalition of environmentalists and farmers (Berry; McLeish). Conflict between energy companies wanting development and environmentalists warning precaution is an easy script to cast for frontline media coverage. But historical perspectives are often missing in these contemporary debates. While coal mining and natural gas have often received “boosting” historical coverage (Diamond; Wilkinson), and although historical themes of “development” and “rushes” remain predominant when observing the span of the industry (AGA; Blainey), the history of unconventional gas, particularly the history of its environmental impact, has been little studied. Few people are aware, for example, that the first shale gas exploratory well was completed in late 2010 in the Cooper Basin in Central Australia (Molan) and is considered as a “new” frontier in Australian unconventional gas. Moreover many people are unaware that the first coal seam gas wells were completed in 1976 in Queensland. The first four wells offer an important moment for reflection in light of the industry’s recent move into Central Australia. By locating and analysing the first four coal seam gas wells, this essay identifies the roots of the unconventional gas industry in Australia and explores the early environmental impact of these wells. By analysing exploration reports that have been placed online by the Queensland Department of Natural Resources and Mines through the lens of environmental history, the dominant developmental narrative of this industry can also be scrutinised. These narratives often place more significance on economic and national benefits while displacing the environmental and social impacts of the industry (Connor, Higginbotham, Freeman, Albrecht; Duus; McEachern; Trigger). This essay therefore seeks to bring an environmental insight into early unconventional gas mining in Australia. As the author, I am concerned that nearly four decades on and it seems that no one has heeded the warning gleaned from these early wells and early exploration reports, as gas exploration in Australia continues under little scrutiny. Arrival The first four unconventional gas wells in Australia appear at the beginning of the industry world-wide (Schraufnagel, McBane, and Kuuskraa; McClanahan). The wells were explored by Houston Oils and Minerals—a company that entered the Australian mining scene by sharing a mining prospect with International Australian Energy Company (Wiltshire). The International Australian Energy Company was owned by Black Giant Oil Company in the US, which in turn was owned by International Royalty and Oil Company also based in the US. The Texan oilman Robert Kanton held a sixteen percent share in the latter. Kanton had an idea that the Mimosa Syncline in the south-eastern Bowen Basin was a gas trap waiting to be exploited. To test the theory he needed capital. Kanton presented the idea to Houston Oil and Minerals which had the financial backing to take the risk. Shotover No. 1 was drilled by Houston Oil and Minerals thirty miles south-east of the coal mining town of Blackwater. By late August 1975 it was drilled to 2,717 metres, discovered to have little gas, spudded, and, after a spend of $610,000, abandoned. The data from the Shotover well showed that the porosity of the rocks in the area was not a trap, and the Mimosa Syncline was therefore downgraded as a possible hydrocarbon location. There was, however, a small amount of gas found in the coal seams (Benbow 16). The well had passed through the huge coal seams of both the Bowen and Surat basins—important basins for the future of both the coal and gas industries. Mining Concepts In 1975, while Houston Oil and Minerals was drilling the Shotover well, US Steel and the US Bureau of Mines used hydraulic fracture, a technique already used in the petroleum industry, to drill vertical surface wells to drain gas from a coal seam (Methane Drainage Taskforce 102). They were able to remove gas from the coal seam before it was mined and sold enough to make a profit. With the well data from the Shotover well in Australia compiled, Houston returned to the US to research the possibility of harvesting methane in Australia. As the company saw it, methane drainage was “a novel exploitation concept” and the methane in the Bowen Basin was an “enormous hydrocarbon resource” (Wiltshire 7). The Shotover well passed through a section of the German Creek Coal measures and this became their next target. In September 1976 the Shotover well was re-opened and plugged at 1499 meters to become Australia’s first exploratory unconventional gas well. By the end of the month the rig was released and gas production tested. At one point an employee on the drilling operation observed a gas flame “the size of a 44 gal drum” (HOMA, “Shotover # 1” 9). But apart from the brief show, no gas flowed. And yet, Houston Oil and Minerals was not deterred, as they had already taken out other leases for further prospecting (Wiltshire 4). Only a week after the Shotover well had failed, Houston moved the methane search south-east to an area five miles north of the Moura township. Houston Oil and Minerals had researched the coal exploration seismic surveys of the area that were conducted in 1969, 1972, and 1973 to choose the location. Over the next two months in late 1976, two new wells—Kinma No.1 and Carra No.1—were drilled within a mile from each other and completed as gas wells. Houston Oil and Minerals also purchased the old oil exploration well Moura No. 1 from the Queensland Government and completed it as a suspended gas well. The company must have mined the Department of Mines archive to find Moura No.1, as the previous exploration report from 1969 noted methane given off from the coal seams (Sell). By December 1976 Houston Oil and Minerals had three gas wells in the vicinity of each other and by early 1977 testing had occurred. The results were disappointing with minimal gas flow at Kinma and Carra, but Moura showed a little more promise. Here, the drillers were able to convert their Fairbanks-Morse engine driving the pump from an engine run on LPG to one run on methane produced from the well (Porter, “Moura # 1”). Drink This? Although there was not much gas to find in the test production phase, there was a lot of water. The exploration reports produced by the company are incomplete (indeed no report was available for the Shotover well), but the information available shows that a large amount of water was extracted before gas started to flow (Porter, “Carra # 1”; Porter, “Moura # 1”; Porter, “Kinma # 1”). As Porter’s reports outline, prior to gas flowing, the water produced at Carra, Kinma and Moura totalled 37,600 litres, 11,900 and 2,900 respectively. It should be noted that the method used to test the amount of water was not continuous and these amounts were not the full amount of water produced; also, upon gas coming to the surface some of the wells continued to produce water. In short, before any gas flowed at the first unconventional gas wells in Australia at least 50,000 litres of water were taken from underground. Results show that the water was not ready to drink (Mathers, “Moura # 1”; Mathers, “Appendix 1”; HOMA, “Miscellaneous Pages” 21-24). The water had total dissolved solids (minerals) well over the average set by the authorities (WHO; Apps Laboratories; NHMRC; QDAFF). The well at Kinma recorded the highest levels, almost two and a half times the unacceptable standard. On average the water from the Moura well was of reasonable standard, possibly because some water was extracted from the well when it was originally sunk in 1969; but the water from Kinma and Carra was very poor quality, not good enough for crops, stock or to be let run into creeks. The biggest issue was the sodium concentration; all wells had very high salt levels. Kinma and Carra were four and two times the maximum standard respectively. In short, there was a substantial amount of poor quality water produced from drilling and testing the three wells. Fracking Australia Hydraulic fracturing is an artificial process that can encourage more gas to flow to the surface (McGraw; Fischetti; Senate). Prior to the testing phase at the Moura field, well data was sent to the Chemical Research and Development Department at Halliburton in Oklahoma, to examine the ability to fracture the coal and shale in the Australian wells. Halliburton was the founding father of hydraulic fracture. In Oklahoma on 17 March 1949, operating under an exclusive license from Standard Oil, this company conducted the first ever hydraulic fracture of an oil well (Montgomery and Smith). To come up with a program of hydraulic fracturing for the Australian field, Halliburton went back to the laboratory. They bonded together small slabs of coal and shale similar to Australian samples, drilled one-inch holes into the sample, then pressurised the holes and completed a “hydro-frac” in miniature. “These samples were difficult to prepare,” they wrote in their report to Houston Oil and Minerals (HOMA, “Miscellaneous Pages” 10). Their program for fracturing was informed by a field of science that had been evolving since the first hydraulic fracture but had rapidly progressed since the first oil shock. Halliburton’s laboratory test had confirmed that the model of Perkins and Kern developed for widths of hydraulic fracture—in an article that defined the field—should also apply to Australian coals (Perkins and Kern). By late January 1977 Halliburton had issued Houston Oil and Minerals with a program of hydraulic fracture to use on the central Queensland wells. On the final page of their report they warned: “There are many unknowns in a vertical fracture design procedure” (HOMA, “Miscellaneous Pages” 17). In July 1977, Moura No. 1 became the first coal seam gas well hydraulically fractured in Australia. The exploration report states: “During July 1977 the well was killed with 1% KCL solution and the tubing and packer were pulled from the well … and pumping commenced” (Porter 2-3). The use of the word “kill” is interesting—potassium chloride (KCl) is the third and final drug administered in the lethal injection of humans on death row in the USA. Potassium chloride was used to minimise the effect on parts of the coal seam that were water-sensitive and was the recommended solution prior to adding other chemicals (Montgomery and Smith 28); but a word such as “kill” also implies that the well and the larger environment were alive before fracking commenced (Giblett; Trigger). Pumping recommenced after the fracturing fluid was unloaded. Initially gas supply was very good. It increased from an average estimate of 7,000 cubic feet per day to 30,000, but this only lasted two days before coal and sand started flowing back up to the surface. In effect, the cleats were propped open but the coal did not close and hold onto them which meant coal particles and sand flowed back up the pipe with diminishing amounts of gas (Walters 12). Although there were some interesting results, the program was considered a failure. In April 1978, Houston Oil and Minerals finally abandoned the methane concept. Following the failure, they reflected on the possibilities for a coal seam gas industry given the gas prices in Queensland: “Methane drainage wells appear to offer no economic potential” (Wooldridge 2). At the wells they let the tubing drop into the hole, put a fifteen foot cement plug at the top of the hole, covered it with a steel plate and by their own description restored the area to its “original state” (Wiltshire 8). Houston Oil and Minerals now turned to “conventional targets” which included coal exploration (Wiltshire 7). A Thousand Memories The first four wells show some of the critical environmental issues that were present from the outset of the industry in Australia. The process of hydraulic fracture was not just a failure, but conducted on a science that had never been tested in Australia, was ponderous at best, and by Halliburton’s own admission had “many unknowns”. There was also the role of large multinationals providing “experience” (Briody; Hiscock) and conducting these tests while having limited knowledge of the Australian landscape. Before any gas came to the surface, a large amount of water was produced that was loaded with a mixture of salt and other heavy minerals. The source of water for both the mud drilling of Carra and Kinma, as well as the hydraulic fracture job on Moura, was extracted from Kianga Creek three miles from the site (HOMA, “Carra # 1” 5; HOMA, “Kinma # 1” 5; Porter, “Moura # 1”). No location was listed for the disposal of the water from the wells, including the hydraulic fracture liquid. Considering the poor quality of water, if the water was disposed on site or let drain into a creek, this would have had significant environmental impact. Nobody has yet answered the question of where all this water went. The environmental issues of water extraction, saline water and hydraulic fracture were present at the first four wells. At the first four wells environmental concern was not a priority. The complexity of inter-company relations, as witnessed at the Shotover well, shows there was little time. The re-use of old wells, such as the Moura well, also shows that economic priorities were more important. Even if environmental information was considered important at the time, no one would have had access to it because, as handwritten notes on some of the reports show, many of the reports were “confidential” (Sell). Even though coal mines commenced filing Environmental Impact Statements in the early 1970s, there is no such documentation for gas exploration conducted by Houston Oil and Minerals. A lack of broader awareness for the surrounding environment, from floral and faunal health to the impact on habitat quality, can be gleaned when reading across all the exploration reports. Nearly four decades on and we now have thousands of wells throughout the world. Yet, the challenges of unconventional gas still persist. The implications of the environmental history of the first four wells in Australia for contemporary unconventional gas exploration and development in this country and beyond are significant. Many environmental issues were present from the beginning of the coal seam gas industry in Australia. Owning up to this history would place policy makers and regulators in a position to strengthen current regulation. The industry continues to face the same challenges today as it did at the start of development—including water extraction, hydraulic fracturing and problems associated with drilling through underground aquifers. Looking more broadly at the unconventional gas industry, shale gas has appeared as the next target for energy resources in Australia. Reflecting on the first exploratory shale gas wells drilled in Central Australia, the chief executive of the company responsible for the shale gas wells noted their deliberate decision to locate their activities in semi-desert country away from “an area of prime agricultural land” and conflict with environmentalists (quoted in Molan). Moreover, the journalist Paul Cleary recently complained about the coal seam gas industry polluting Australia’s food-bowl but concluded that the “next frontier” should be in “remote” Central Australia with shale gas (Cleary 195). It appears that preference is to move the industry to the arid centre of Australia, to the ecologically and culturally unique Lake Eyre Basin region (Robin and Smith). 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Photograph by Gonzalo Echeverria (2010)Declaring War Soon after Al Qaeda’s terrorist attacks on 11 September 2001, the Bush Administration described its new grand strategy: the “Global War on Terror”. This underpinned the subsequent counter-insurgency in Afghanistan and the United States invasion of Iraq in March 2003. Media pundits quickly applied the Global War on Terror label to the Madrid, Bali and London bombings, to convey how Al Qaeda’s terrorism had gone transnational. Meanwhile, international relations scholars debated the extent to which September 11 had changed the international system (Brenner; Mann 303). American intellectuals adopted several variations of the Global War on Terror in what initially felt like a transitional period of US foreign policy (Burns). Walter Laqueur suggested Al Qaeda was engaged in a “cosmological” and perpetual war. Paul Berman likened Al Qaeda and militant Islam to the past ideological battles against communism and fascism (Heilbrunn 248). In a widely cited article, neoconservative thinker Norman Podhoretz suggested the United States faced “World War IV”, which had three interlocking drivers: Al Qaeda and trans-national terrorism; political Islam as the West’s existential enemy; and nuclear proliferation to ‘rogue’ countries and non-state actors (Friedman 3). Podhoretz’s tone reflected a revival of his earlier Cold War politics and critique of the New Left (Friedman 148-149; Halper and Clarke 56; Heilbrunn 210). These stances attracted widespread support. For instance, the United States Marine Corp recalibrated its mission to fight a long war against “World War IV-like” enemies. Yet these stances left the United States unprepared as the combat situations in Afghanistan and Iraq worsened (Ricks; Ferguson; Filkins). Neoconservative ideals for Iraq “regime change” to transform the Middle East failed to deal with other security problems such as Pakistan’s Musharraf regime (Dorrien 110; Halper and Clarke 210-211; Friedman 121, 223; Heilbrunn 252). The Manichean and open-ended framing became a self-fulfilling prophecy for insurgents, jihadists, and militias. The Bush Administration quietly abandoned the Global War on Terror in July 2005. Widespread support had given way to policymaker doubt. Why did so many intellectuals and strategists embrace the Global War on Terror as the best possible “grand strategy” perspective of a post-September 11 world? Why was there so little doubt of this worldview? This is a debate with roots as old as the Sceptics versus the Sophists. Explanations usually focus on the Bush Administration’s “Vulcans” war cabinet: Vice President Dick Cheney, Secretary of Defense Donald Rumsfield, and National Security Advisor Condoleezza Rice, who later became Secretary of State (Mann xv-xvi). The “Vulcans” were named after the Roman god Vulcan because Rice’s hometown Birmingham, Alabama, had “a mammoth fifty-six foot statue . . . [in] homage to the city’s steel industry” (Mann x) and the name stuck. Alternatively, explanations focus on how neoconservative thinkers shaped the intellectual climate after September 11, in a receptive media climate. Biographers suggest that “neoconservatism had become an echo chamber” (Heilbrunn 242) with its own media outlets, pundits, and think-tanks such as the American Enterprise Institute and Project for a New America. Neoconservatism briefly flourished in Washington DC until Iraq’s sectarian violence discredited the “Vulcans” and neoconservative strategists like Paul Wolfowitz (Friedman; Ferguson). The neoconservatives' combination of September 11’s aftermath with strongly argued historical analogies was initially convincing. They conferred with scholars such as Bernard Lewis, Samuel P. Huntington and Victor Davis Hanson to construct classicist historical narratives and to explain cultural differences. However, the history of the decade after September 11 also contains mis-steps and mistakes which make it a series of contingent decisions (Ferguson; Bergen). One way to analyse these contingent decisions is to pose “what if?” counterfactuals, or feasible alternatives to historical events (Lebow). For instance, what if September 11 had been a chemical and biological weapons attack? (Mann 317). Appendix 1 includes a range of alternative possibilities and “minimal rewrites” or slight variations on the historical events which occurred. Collectively, these counterfactuals suggest the role of agency, chance, luck, and the juxtaposition of better and worse outcomes. They pose challenges to the classicist interpretation adopted soon after September 11 to justify “World War IV” (Podhoretz). A ‘Two-Track’ Process for ‘World War IV’ After the September 11 attacks, I think an overlapping two-track process occurred with the “Vulcans” cabinet, neoconservative advisers, and two “echo chambers”: neoconservative think-tanks and the post-September 11 media. Crucially, Bush’s “Vulcans” war cabinet succeeded in gaining civilian control of the United States war decision process. Although successful in initiating the 2003 Iraq War this civilian control created a deeper crisis in US civil-military relations (Stevenson; Morgan). The “Vulcans” relied on “politicised” intelligence such as a United Kingdom intelligence report on Iraq’s weapons development program. The report enabled “a climate of undifferentiated fear to arise” because its public version did not distinguish between chemical, biological, radiological or nuclear weapons (Halper and Clarke, 210). The cautious 2003 National Intelligence Estimates (NIE) report on Iraq was only released in a strongly edited form. For instance, the US Department of Energy had expressed doubts about claims that Iraq had approached Niger for uranium, and was using aluminium tubes for biological and chemical weapons development. Meanwhile, the post-September 11 media had become a second “echo chamber” (Halper and Clarke 194-196) which amplified neoconservative arguments. Berman, Laqueur, Podhoretz and others who framed the intellectual climate were “risk entrepreneurs” (Mueller 41-43) that supported the “World War IV” vision. The media also engaged in aggressive “flak” campaigns (Herman and Chomsky 26-28; Mueller 39-42) designed to limit debate and to stress foreign policy stances and themes which supported the Bush Administration. When former Central Intelligence Agency director James Woolsey’s claimed that Al Qaeda had close connections to Iraqi intelligence, this was promoted in several books, including Michael Ledeen’s War Against The Terror Masters, Stephen Hayes’ The Connection, and Laurie Mylroie’s Bush v. The Beltway; and in partisan media such as Fox News, NewsMax, and The Weekly Standard who each attacked the US State Department and the CIA (Dorrien 183; Hayes; Ledeen; Mylroie; Heilbrunn 237, 243-244; Mann 310). This was the media “echo chamber” at work. The group Accuracy in Media also campaigned successfully to ensure that US cable providers did not give Al Jazeera English access to US audiences (Barker). Cosmopolitan ideals seemed incompatible with what the “flak” groups desired. The two-track process converged on two now infamous speeches. US President Bush’s State of the Union Address on 29 January 2002, and US Secretary of State Colin Powell’s presentation to the United Nations on 5 February 2003. Bush’s speech included a line from neoconservative David Frumm about North Korea, Iraq and Iran as an “Axis of Evil” (Dorrien 158; Halper and Clarke 139-140; Mann 242, 317-321). Powell’s presentation to the United Nations included now-debunked threat assessments. In fact, Powell had altered the speech’s original draft by I. Lewis “Scooter” Libby, who was Cheney’s chief of staff (Dorrien 183-184). Powell claimed that Iraq had mobile biological weapons facilities, linked to Abu Musab al-Zarqawi. However, the International Atomic Energy Agency’s (IAEA) Mohamed El-Baradei, the Defense Intelligence Agency, the State Department, and the Institute for Science and International Security all strongly doubted this claim, as did international observers (Dorrien 184; Halper and Clarke 212-213; Mann 353-354). Yet this information was suppressed: attacked by “flak” or given little visible media coverage. Powell’s agenda included trying to rebuild an international coalition and to head off weather changes that would affect military operations in the Middle East (Mann 351). Both speeches used politicised variants of “weapons of mass destruction”, taken from the counterterrorism literature (Stern; Laqueur). Bush’s speech created an inflated geopolitical threat whilst Powell relied on flawed intelligence and scientific visuals to communicate a non-existent threat (Vogel). However, they had the intended effect on decision makers. US Under-Secretary of Defense, the neoconservative Paul Wolfowitz, later revealed to Vanity Fair that “weapons of mass destruction” was selected as an issue that all potential stakeholders could agree on (Wilkie 69). Perhaps the only remaining outlet was satire: Armando Iannucci’s 2009 film In The Loop parodied the diplomatic politics surrounding Powell’s speech and the civil-military tensions on the Iraq War’s eve. In the short term the two track process worked in heading off doubt. The “Vulcans” blocked important information on pre-war Iraq intelligence from reaching the media and the general public (Prados). Alternatively, they ignored area specialists and other experts, such as when Coalition Provisional Authority’s L. Paul Bremer ignored the US State Department’s fifteen volume ‘Future of Iraq’ project (Ferguson). Public “flak” and “risk entrepreneurs” mobilised a range of motivations from grief and revenge to historical memory and identity politics. This combination of private and public processes meant that although doubts were expressed, they could be contained through the dual echo chambers of neoconservative policymaking and the post-September 11 media. These factors enabled the “Vulcans” to proceed with their “regime change” plans despite strong public opposition from anti-war protestors. Expressing DoubtsMany experts and institutions expressed doubt about specific claims the Bush Administration made to support the 2003 Iraq War. This doubt came from three different and sometimes overlapping groups. Subject matter experts such as the IAEA’s Mohamed El-Baradei and weapons development scientists countered the UK intelligence report and Powell’s UN speech. However, they did not get the media coverage warranted due to “flak” and “echo chamber” dynamics. Others could challenge misleading historical analogies between insurgent Iraq and Nazi Germany, and yet not change the broader outcomes (Benjamin). Independent journalists one group who gained new information during the 1990-91 Gulf War: some entered Iraq from Kuwait and documented a more humanitarian side of the war to journalists embedded with US military units (Uyarra). Finally, there were dissenters from bureaucratic and institutional processes. In some cases, all three overlapped. In their separate analyses of the post-September 11 debate on intelligence “failure”, Zegart and Jervis point to a range of analytic misperceptions and institutional problems. However, the intelligence community is separated from policymakers such as the “Vulcans”. Compartmentalisation due to the “need to know” principle also means that doubting analysts can be blocked from releasing information. Andrew Wilkie discovered this when he resigned from Australia’s Office for National Assessments (ONA) as a transnational issues analyst. Wilkie questioned the pre-war assessments in Powell’s United Nations speech that were used to justify the 2003 Iraq War. Wilkie was then attacked publicly by Australian Prime Minister John Howard. This overshadowed a more important fact: both Howard and Wilkie knew that due to Australian legislation, Wilkie could not publicly comment on ONA intelligence, despite the invitation to do so. This barrier also prevented other intelligence analysts from responding to the “Vulcans”, and to “flak” and “echo chamber” dynamics in the media and neoconservative think-tanks. Many analysts knew that the excerpts released from the 2003 NIE on Iraq was highly edited (Prados). For example, Australian agencies such as the ONA, the Department of Foreign Affairs and Trade, and the Department of Defence knew this (Wilkie 98). However, analysts are trained not to interfere with policymakers, even when there are significant civil-military irregularities. Military officials who spoke out about pre-war planning against the “Vulcans” and their neoconservative supporters were silenced (Ricks; Ferguson). Greenlight Capital’s hedge fund manager David Einhorn illustrates in a different context what might happen if analysts did comment. Einhorn gave a speech to the Ira Sohn Conference on 15 May 2002 debunking the management of Allied Capital. Einhorn’s “short-selling” led to retaliation from Allied Capital, a Securities and Exchange Commission investigation, and growing evidence of potential fraud. If analysts adopted Einhorn’s tactics—combining rigorous analysis with targeted, public denunciation that is widely reported—then this may have short-circuited the “flak” and “echo chamber” effects prior to the 2003 Iraq War. The intelligence community usually tries to pre-empt such outcomes via contestation exercises and similar processes. This was the goal of the 2003 NIE on Iraq, despite the fact that the US Department of Energy which had the expertise was overruled by other agencies who expressed opinions not necessarily based on rigorous scientific and technical analysis (Prados; Vogel). In counterterrorism circles, similar disinformation arose about Aum Shinrikyo’s biological weapons research after its sarin gas attack on Tokyo’s subway system on 20 March 1995 (Leitenberg). Disinformation also arose regarding nuclear weapons proliferation to non-state actors in the 1990s (Stern). Interestingly, several of the “Vulcans” and neoconservatives had been involved in an earlier controversial contestation exercise: Team B in 1976. The Central Intelligence Agency (CIA) assembled three Team B groups in order to evaluate and forecast Soviet military capabilities. One group headed by historian Richard Pipes gave highly “alarmist” forecasts and then attacked a CIA NIE about the Soviets (Dorrien 50-56; Mueller 81). The neoconservatives adopted these same tactics to reframe the 2003 NIE from its position of caution, expressed by several intelligence agencies and experts, to belief that Iraq possessed a current, covert program to develop weapons of mass destruction (Prados). Alternatively, information may be leaked to the media to express doubt. “Non-attributable” background interviews to establishment journalists like Seymour Hersh and Bob Woodward achieved this. Wikileaks publisher Julian Assange has recently achieved notoriety due to US diplomatic cables from the SIPRNet network released from 28 November 2010 onwards. Supporters have favourably compared Assange to Daniel Ellsberg, the RAND researcher who leaked the Pentagon Papers (Ellsberg; Ehrlich and Goldsmith). Whilst Elsberg succeeded because a network of US national papers continued to print excerpts from the Pentagon Papers despite lawsuit threats, Assange relied in part on favourable coverage from the UK’s Guardian newspaper. However, suspected sources such as US Army soldier Bradley Manning are not protected whilst media outlets are relatively free to publish their scoops (Walt, ‘Woodward’). Assange’s publication of SIPRNet’s diplomatic cables will also likely mean greater restrictions on diplomatic and military intelligence (Walt, ‘Don’t Write’). Beyond ‘Doubt’ Iraq’s worsening security discredited many of the factors that had given the neoconservatives credibility. The post-September 11 media became increasingly more critical of the US military in Iraq (Ferguson) and cautious about the “echo chamber” of think-tanks and media outlets. Internet sites for Al Jazeera English, Al-Arabiya and other networks have enabled people to bypass “flak” and directly access these different viewpoints. Most damagingly, the non-discovery of Iraq’s weapons of mass destruction discredited both the 2003 NIE on Iraq and Colin Powell’s United Nations presentation (Wilkie 104). Likewise, “risk entrepreneurs” who foresaw “World War IV” in 2002 and 2003 have now distanced themselves from these apocalyptic forecasts due to a series of mis-steps and mistakes by the Bush Administration and Al Qaeda’s over-calculation (Bergen). The emergence of sites such as Wikileaks, and networks like Al Jazeera English and Al-Arabiya, are a response to the politics of the past decade. They attempt to short-circuit past “echo chambers” through providing access to different sources and leaked data. The Global War on Terror framed the Bush Administration’s response to September 11 as a war (Kirk; Mueller 59). Whilst this prematurely closed off other possibilities, it has also unleashed a series of dynamics which have undermined the neoconservative agenda. The “classicist” history and historical analogies constructed to justify the “World War IV” scenario are just one of several potential frameworks. “Flak” organisations and media “echo chambers” are now challenged by well-financed and strategic alternatives such as Al Jazeera English and Al-Arabiya. Doubt is one defence against “risk entrepreneurs” who seek to promote a particular idea: doubt guards against uncritical adoption. Perhaps the enduring lesson of the post-September 11 debates, though, is that doubt alone is not enough. What is needed are individuals and institutions that understand the strategies which the neoconservatives and others have used, and who also have the soft power skills during crises to influence critical decision-makers to choose alternatives. Appendix 1: Counterfactuals Richard Ned Lebow uses “what if?” counterfactuals to examine alternative possibilities and “minimal rewrites” or slight variations on the historical events that occurred. The following counterfactuals suggest that the Bush Administration’s Global War on Terror could have evolved very differently . . . or not occurred at all. Fact: The 2003 Iraq War and 2001 Afghanistan counterinsurgency shaped the Bush Administration’s post-September 11 grand strategy. Counterfactual #1: Al Gore decisively wins the 2000 U.S. election. Bush v. Gore never occurs. After the September 11 attacks, Gore focuses on international alliance-building and gains widespread diplomatic support rather than a neoconservative agenda. He authorises Special Operations Forces in Afghanistan and works closely with the Musharraf regime in Pakistan to target Al Qaeda’s muhajideen. He ‘contains’ Saddam Hussein’s Iraq through measurement and signature, technical intelligence, and more stringent monitoring by the International Atomic Energy Agency. Minimal Rewrite: United 93 crashes in Washington DC, killing senior members of the Gore Administration. Fact: U.S. Special Operations Forces failed to kill Osama bin Laden in late November and early December 2001 at Tora Bora. Counterfactual #2: U.S. Special Operations Forces kill Osama bin Laden in early December 2001 during skirmishes at Tora Bora. Ayman al-Zawahiri is critically wounded, captured, and imprisoned. The rest of Al Qaeda is scattered. Minimal Rewrite: Osama bin Laden’s death turns him into a self-mythologised hero for decades. Fact: The UK Blair Government supplied a 50-page intelligence dossier on Iraq’s weapons development program which the Bush Administration used to support its pre-war planning. Counterfactual #3: Rogue intelligence analysts debunk the UK Blair Government’s claims through a series of ‘targeted’ leaks to establishment news sources. Minimal Rewrite: The 50-page intelligence dossier is later discovered to be correct about Iraq’s weapons development program. Fact: The Bush Administration used the 2003 National Intelligence Estimate to “build its case” for “regime change” in Saddam Hussein’s Iraq. Counterfactual #4: A joint investigation by The New York Times and The Washington Post rebuts U.S. Secretary of State Colin Powell’s speech to the United National Security Council, delivered on 5 February 2003. Minimal Rewrite: The Central Intelligence Agency’s whitepaper “Iraq’s Weapons of Mass Destruction Programs” (October 2002) more accurately reflects the 2003 NIE’s cautious assessments. Fact: The Bush Administration relied on Ahmed Chalabi for its postwar estimates about Iraq’s reconstruction. Counterfactual #5: The Bush Administration ignores Chalabi’s advice and relies instead on the U.S. State Department’s 15 volume report “The Future of Iraq”. Minimal Rewrite: The Coalition Provisional Authority appoints Ahmed Chalabi to head an interim Iraqi government. Fact: L. Paul Bremer signed orders to disband Iraq’s Army and to De-Ba’athify Iraq’s new government. Counterfactual #6: Bremer keeps Iraq’s Army intact and uses it to impose security in Baghdad to prevent looting and to thwart insurgents. Rather than a De-Ba’athification policy, Bremer uses former Baath Party members to gather situational intelligence. Minimal Rewrite: Iraq’s Army refuses to disband and the De-Ba’athification policy uncovers several conspiracies to undermine the Coalition Provisional Authority. AcknowledgmentsThanks to Stephen McGrail for advice on science and technology analysis.References Barker, Greg. “War of Ideas”. PBS Frontline. Boston, MA: 2007. ‹http://www.pbs.org/frontlineworld/stories/newswar/video1.html› Benjamin, Daniel. “Condi’s Phony History.” Slate 29 Aug. 2003. ‹http://www.slate.com/id/2087768/pagenum/all/›. Bergen, Peter L. The Longest War: The Enduring Conflict between America and Al Qaeda. New York: The Free Press, 2011. Berman, Paul. Terror and Liberalism. 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No End in Sight, New York: Representational Pictures, 2007. Filkins, Dexter. The Forever War. New York: Vintage Books, 2008. Friedman, Murray. The Neoconservative Revolution: Jewish Intellectuals and the Shaping of Public Policy. New York: Cambridge UP, 2005. Halper, Stefan, and Jonathan Clarke. America Alone: The Neo-Conservatives and the Global Order. New York: Cambridge UP, 2004. Hayes, Stephen F. The Connection: How Al Qaeda’s Collaboration with Saddam Hussein Has Endangered America. New York: HarperCollins, 2004. Heilbrunn, Jacob. They Knew They Were Right: The Rise of the Neocons. New York: Doubleday, 2008. Herman, Edward S., and Noam Chomsky. Manufacturing Consent: The Political Economy of the Mass Media. Rev. ed. New York: Pantheon Books, 2002. Iannucci, Armando. In The Loop. London: BBC Films, 2009. Jervis, Robert. Why Intelligence Fails: Lessons from the Iranian Revolution and the Iraq War. Ithaca NY: Cornell UP, 2010. Kirk, Michael. “The War behind Closed Doors.” PBS Frontline. Boston, MA: 2003. ‹http://www.pbs.org/wgbh/pages/frontline/shows/iraq/›. Laqueur, Walter. No End to War: Terrorism in the Twenty-First Century. New York: Continuum, 2003. Lebow, Richard Ned. Forbidden Fruit: Counterfactuals and International Relations. Princeton NJ: Princeton UP, 2010. Ledeen, Michael. The War against The Terror Masters. New York: St. Martin’s Griffin, 2003. Leitenberg, Milton. “Aum Shinrikyo's Efforts to Produce Biological Weapons: A Case Study in the Serial Propagation of Misinformation.” Terrorism and Political Violence 11.4 (1999): 149-158. Mann, James. Rise of the Vulcans: The History of Bush’s War Cabinet. New York: Viking Penguin, 2004. Morgan, Matthew J. The American Military after 9/11: Society, State, and Empire. New York: Palgrave Macmillan, 2008. Mueller, John. Overblown: How Politicians and the Terrorism Industry Inflate National Security Threats, and Why We Believe Them. 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From elephants to ABBA fans, silicon to hormone, the following discussion uses a new research method to look at printed text, motion pictures and a teenage rebel icon. If by ‘print’ we mean a mechanically reproduced impression of a cultural symbol in a medium, then printing has been with us since before microdot security prints were painted onto cars, before voice prints, laser prints, network servers, record pressings, motion picture prints, photo prints, colour woodblock prints, before books, textile prints, and footprints. If we accept that higher mammals such as elephants have a learnt culture, then it is possible to extend a definition of printing beyond Homo sapiens. Poole reports that elephants mechanically trumpet reproductions of human car horns into the air surrounding their society. If nothing else, this cross-species, cross-cultural reproduction, this ‘ability to mimic’ is ‘another sign of their intelligence’. Observation of child development suggests that the first significant meaningful ‘impression’ made on the human mind is that of the face of the child’s nurturer – usually its mother. The baby’s mind forms an ‘impression’, a mental print, a reproducible memory data set, of the nurturer’s face, voice, smell, touch, etc. That face is itself a cultural construct: hair style, makeup, piercings, tattoos, ornaments, nutrition-influenced skin and smell, perfume, temperature and voice. A mentally reproducible pattern of a unique face is formed in the mind, and we use that pattern to distinguish ‘familiar and strange’ in our expanding social orbit. The social relations of patterned memory – of imprinting – determine the extent to which we explore our world (armed with research aids such as text print) or whether we turn to violence or self-harm (Bretherton). While our cultural artifacts (such as vellum maps or networked voice message servers) bravely extend our significant patterns into the social world and the traversed environment, it is useful to remember that such artifacts, including print, are themselves understood by our original pattern-reproduction and impression system – the human mind, developed in childhood. The ‘print’ is brought to mind differently in different discourses. For a reader, a ‘print’ is a book, a memo or a broadsheet, whether it is the Indian Buddhist Sanskrit texts ordered to be printed in 593 AD by the Chinese emperor Sui Wen-ti (Silk Road) or the US Defense Department memo authorizing lower ranks to torture the prisoners taken by the Bush administration (Sanchez, cited in ABC). Other fields see prints differently. For a musician, a ‘print’ may be the sheet music which spread classical and popular music around the world; it may be a ‘record’ (as in a ‘recording’ session), where sound is impressed to wax, vinyl, charged silicon particles, or the alloys (Smith, “Elpida”) of an mp3 file. For the fine artist, a ‘print’ may be any mechanically reproduced two-dimensional (or embossed) impression of a significant image in media from paper to metal, textile to ceramics. ‘Print’ embraces the Japanese Ukiyo-e colour prints of Utamaro, the company logos that wink from credit card holographs, the early photographs of Talbot, and the textured patterns printed into neolithic ceramics. Computer hardware engineers print computational circuits. Homicide detectives investigate both sweaty finger prints and the repeated, mechanical gaits of suspects, which are imprinted into the earthy medium of a crime scene. For film makers, the ‘print’ may refer to a photochemical polyester reproduction of a motion picture artifact (the reel of ‘celluloid’), or a DVD laser disc impression of the same film. Textualist discourse has borrowed the word ‘print’ to mean ‘text’, so ‘print’ may also refer to the text elements within the vision track of a motion picture: the film’s opening titles, or texts photographed inside the motion picture story such as the sword-cut ‘Z’ in Zorro (Niblo). Before the invention of writing, the main mechanically reproduced impression of a cultural symbol in a medium was the humble footprint in the sand. The footprints of tribes – and neighbouring animals – cut tracks in the vegetation and the soil. Printed tracks led towards food, water, shelter, enemies and friends. Having learnt to pattern certain faces into their mental world, children grew older and were educated in the footprints of family and clan, enemies and food. The continuous impression of significant foot traffic in the medium of the earth produced the lines between significant nodes of prewriting and pre-wheeled cultures. These tracks were married to audio tracks, such as the song lines of the Australian Aborigines, or the ballads of tramping culture everywhere. A typical tramping song has the line, ‘There’s a track winding back to an old-fashion shack along the road to Gundagai,’ (O’Hagan), although this colonial-style song was actually written for radio and became an international hit on the airwaves, rather than the tramping trails. The printed tracks impressed by these cultural flows are highly contested and diverse, and their foot prints are woven into our very language. The names for printed tracks have entered our shared memory from the intersection of many cultures: ‘Track’ is a Germanic word entering English usage comparatively late (1470) and now used mainly in audio visual cultural reproduction, as in ‘soundtrack’. ‘Trek’ is a Dutch word for ‘track’ now used mainly by ecotourists and science fiction fans. ‘Learn’ is a Proto-Indo-European word: the verb ‘learn’ originally meant ‘to find a track’ back in the days when ‘learn’ had a noun form which meant ‘the sole of the foot’. ‘Tract’ and ‘trace’ are Latin words entering English print usage before 1374 and now used mainly in religious, and electronic surveillance, cultural reproduction. ‘Trench’ in 1386 was a French path cut through a forest. ‘Sagacity’ in English print in 1548 was originally the ability to track or hunt, in Proto-Indo-European cultures. ‘Career’ (in English before 1534) was the print made by chariots in ancient Rome. ‘Sleuth’ (1200) was a Norse noun for a track. ‘Investigation’ (1436) was Latin for studying a footprint (Harper). The arrival of symbolic writing scratched on caves, hearth stones, and trees (the original meaning of ‘book’ is tree), brought extremely limited text education close to home. Then, with baked clay tablets, incised boards, slate, bamboo, tortoise shell, cast metal, bark cloth, textiles, vellum, and – later – paper, a portability came to text that allowed any culture to venture away from known ‘foot’ paths with a reduction in the risk of becoming lost and perishing. So began the world of maps, memos, bills of sale, philosophic treatises and epic mythologies. Some of this was printed, such as the mechanical reproduction of coins, but the fine handwriting required of long, extended, portable texts could not be printed until the invention of paper in China about 2000 years ago. Compared to lithic architecture and genes, portable text is a fragile medium, and little survives from the millennia of its innovators. The printing of large non-text designs onto bark-paper and textiles began in neolithic times, but Sui Wen-ti’s imperial memo of 593 AD gives us the earliest written date for printed books, although we can assume they had been published for many years previously. The printed book was a combination of Indian philosophic thought, wood carving, ink chemistry and Chinese paper. The earliest surviving fragment of paper-print technology is ‘Mantras of the Dharani Sutra’, a Buddhist scripture written in the Sanskrit language of the Indian subcontinent, unearthed at an early Tang Dynasty site in Xian, China – making the fragment a veteran piece of printing, in the sense that Sanskrit books had been in print for at least a century by the early Tang Dynasty (Chinese Graphic Arts Net). At first, paper books were printed with page-size carved wooden boards. Five hundred years later, Pi Sheng (c.1041) baked individual reusable ceramic characters in a fire and invented the durable moveable type of modern printing (Silk Road 2000). Abandoning carved wooden tablets, the ‘digitizing’ of Chinese moveable type sped up the production of printed texts. In turn, Pi Sheng’s flexible, rapid, sustainable printing process expanded the political-cultural impact of the literati in Asian society. Digitized block text on paper produced a bureaucratic, literate elite so powerful in Asia that Louis XVI of France copied China’s print-based Confucian system of political authority for his own empire, and so began the rise of the examined public university systems, and the civil service systems, of most European states (Watson, Visions). By reason of its durability, its rapid mechanical reproduction, its culturally agreed signs, literate readership, revered authorship, shared ideology, and distributed portability, a ‘print’ can be a powerful cultural network which builds and expands empires. But print also attacks and destroys empires. A case in point is the Spanish conquest of Aztec America: The Aztecs had immense libraries of American literature on bark-cloth scrolls, a technology which predated paper. These libraries were wiped out by the invading Spanish, who carried a different book before them (Ewins). In the industrial age, the printing press and the gun were seen as the weapons of rebellions everywhere. In 1776, American rebels staffed their ‘Homeland Security’ units with paper makers, knowing that defeating the English would be based on printed and written documents (Hahn). Mao Zedong was a book librarian; Mao said political power came out of the barrel of a gun, but Mao himself came out of a library. With the spread of wireless networked servers, political ferment comes out of the barrel of the cell phone and the internet chat room these days. Witness the cell phone displays of a plane hitting a tower that appear immediately after 9/11 in the Middle East, or witness the show trials of a few US and UK lower ranks who published prints of their torturing activities onto the internet: only lower ranks who published prints were arrested or tried. The control of secure servers and satellites is the new press. These days, we live in a global library of burning books – ‘burning’ in the sense that ‘print’ is now a charged silicon medium (Smith, “Intel”) which is usually made readable by connecting the chip to nuclear reactors and petrochemically-fired power stations. World resources burn as we read our screens. Men, women, children burn too, as we watch our infotainment news in comfort while ‘their’ flickering dead faces are printed in our broadcast hearths. The print we watch is not the living; it is the voodoo of the living in the blackout behind the camera, engaging the blood sacrifice of the tormented and the unfortunate. Internet texts are also ‘on fire’ in the third sense of their fragility and instability as a medium: data bases regularly ‘print’ fail-safe copies in an attempt to postpone the inevitable mechanical, chemical and electrical failure that awaits all electronic media in time. Print defines a moral position for everyone. In reporting conflict, in deciding to go to press or censor, any ‘print’ cannot avoid an ethical context, starting with the fact that there is a difference in power between print maker, armed perpetrators, the weak, the peaceful, the publisher, and the viewer. So many human factors attend a text, video or voice ‘print’: its very existence as an aesthetic object, even before publication and reception, speaks of unbalanced, and therefore dynamic, power relationships. For example, Graham Greene departed unscathed from all the highly dangerous battlefields he entered as a novelist: Riot-torn Germany, London Blitz, Belgian Congo, Voodoo Haiti, Vietnam, Panama, Reagan’s Washington, and mafia Europe. His texts are peopled with the injustices of the less fortunate of the twentieth century, while he himself was a member of the fortunate (if not happy) elite, as is anyone today who has the luxury of time to read Greene’s works for pleasure. Ethically a member of London and Paris’ colonizers, Greene’s best writing still electrifies, perhaps partly because he was in the same line of fire as the victims he shared bread with. In fact, Greene hoped daily that he would escape from the dreadful conflicts he fictionalized via a body bag or an urn of ashes (see Sherry). In reading an author’s biography we have one window on the ethical dimensions of authority and print. If a print’s aesthetics are sometimes enduring, its ethical relationships are always mutable. Take the stylized logo of a running athlete: four limbs bent in a rotation of action. This dynamic icon has symbolized ‘good health’ in Hindu and Buddhist culture, from Madras to Tokyo, for thousands of years. The cross of bent limbs was borrowed for the militarized health programs of 1930s Germany, and, because of what was only a brief, recent, isolated yet monstrously horrific segment of its history in print, the bent-limbed swastika is now a vilified symbol in the West. The sign remains ‘impressed’ differently on traditional Eastern culture, and without the taint of Nazism. Dramatic prints are emotionally charged because, in depicting Homo sapiens in danger, or passionately in love, they elicit a hormonal reaction from the reader, the viewer, or the audience. The type of emotions triggered by a print vary across the whole gamut of human chemistry. A recent study of three genres of motion picture prints shows a marked differences in the hormonal responses of men compared to women when viewing a romance, an actioner, and a documentary (see Schultheiss, Wirth, and Stanton). Society is biochemically diverse in its engagement with printed culture, which raises questions about equality in the arts. Motion picture prints probably comprise around one third of internet traffic, in the form of stolen digitized movie files pirated across the globe via peer-to-peer file transfer networks (p2p), and burnt as DVD laser prints (BBC). There is also a US 40 billion dollar per annum legitimate commerce in DVD laser pressings (Grassl), which would suggest an US 80 billion per annum world total in legitimate laser disc print culture. The actively screen literate, or the ‘sliterati’ as I prefer to call them, research this world of motion picture prints via their peers, their internet information channels, their television programming, and their web forums. Most of this activity occurs outside the ambit of universities and schools. One large site of sliterate (screen literate) practice outside most schooling and official research is the net of online forums at imdb.com (International Movie Data Base). Imdb.com ‘prints’ about 25,000,000 top pages per month to client browsers. Hundreds of sliterati forums are located at imdb, including a forum for the Australian movie, Muriel’s Wedding (Hogan). Ten years after the release of Muriel’s Wedding, young people who are concerned with victimization and bullying still log on to http://us.imdb.com/title/tt0110598/board/> and put their thoughts into print: I still feel so bad for Muriel in the beginning of the movie, when the girls ‘dump’ her, and how much the poor girl cried and cried! Those girls were such biartches…I love how they got their comeuppance! bunniesormaybemidgets’s comment is typical of the current discussion. Muriel’s Wedding was a very popular film in its first cinema edition in Australia and elsewhere. About 30% of the entire over-14 Australian population went to see this photochemical polyester print in the cinemas on its first release. A decade on, the distributors printed a DVD laser disc edition. The story concerns Muriel (played by Toni Collette), the unemployed daughter of a corrupt, ‘police state’ politician. Muriel is bullied by her peers and she withdraws into a fantasy world, deluding herself that a white wedding will rescue her from the torments of her blighted life. Through theft and deceit (the modus operandi of her father) Muriel escapes to the entertainment industry and finds a ‘wicked’ girlfriend mentor. From a rebellious position of stubborn independence, Muriel plays out her fantasy. She gets her white wedding, before seeing both her father and her new married life as hollow shams which have goaded her abandoned mother to suicide. Redefining her life as a ‘game’ and assuming responsibility for her independence, Muriel turns her back on the mainstream, image-conscious, female gang of her oppressed youth. Muriel leaves the story, having rekindled her friendship with her rebel mentor. My methodological approach to viewing the laser disc print was to first make a more accessible, coded record of the entire movie. I was able to code and record the print in real time, using a new metalanguage (Watson, “Eyes”). The advantage of Coding is that ‘thinks’ the same way as film making, it does not sidetrack the analyst into prose. The Code splits the movie print into Vision Action [vision graphic elements, including text] (sound) The Coding splits the vision track into normal action and graphic elements, such as text, so this Coding is an ideal method for extracting all the text elements of a film in real time. After playing the film once, I had four and a half tightly packed pages of the coded story, including all its text elements in square brackets. Being a unique, indexed hard copy, the Coded copy allowed me immediate access to any point of the Muriel’s Wedding saga without having to search the DVD laser print. How are ‘print’ elements used in Muriel’s Wedding? Firstly, a rose-coloured monoprint of Muriel Heslop’s smiling face stares enigmatically from the plastic surface of the DVD picture disc. The print is a still photo captured from her smile as she walked down the aisle of her white wedding. In this print, Toni Collette is the Mona Lisa of Australian culture, except that fans of Muriel’s Wedding know the meaning of that smile is a magical combination of the actor’s art: the smile is both the flush of dreams come true and the frightening self deception that will kill her mother. Inserting and playing the disc, the text-dominant menu appears, and the film commences with the text-dominant opening titles. Text and titles confer a legitimacy on a work, whether it is a trade mark of the laser print owners, or the household names of stars. Text titles confer status relationships on both the presenters of the cultural artifact and the viewer who has entered into a legal license agreement with the owners of the movie. A title makes us comfortable, because the mind always seeks to name the unfamiliar, and a set of text titles does that job for us so that we can navigate the ‘tracks’ and settle into our engagement with the unfamiliar. The apparent ‘truth’ and ‘stability’ of printed text calms our fears and beguiles our uncertainties. Muriel attends the white wedding of a school bully bride, wearing a leopard print dress she has stolen. Muriel’s spotted wild animal print contrasts with the pure white handmade dress of the bride. In Muriel’s leopard textile print, we have the wild, rebellious, impoverished, inappropriate intrusion into the social ritual and fantasy of her high-status tormentor. An off-duty store detective recognizes the printed dress and calls the police. The police are themselves distinguished by their blue-and-white checked prints and other mechanically reproduced impressions of cultural symbols: in steel, brass, embroidery, leather and plastics. Muriel is driven in the police car past the stenciled town sign (‘Welcome To Porpoise Spit’ heads a paragraph of small print). She is delivered to her father, a politician who presides over the policing of his town. In a state where the judiciary, police and executive are hijacked by the same tyrant, Muriel’s father, Bill, pays off the police constables with a carton of legal drugs (beer) and Muriel must face her father’s wrath, which he proceeds to transfer to his detested wife. Like his daughter, the father also wears a spotted brown print costume, but his is a batik print from neighbouring Indonesia (incidentally, in a nation that takes the political status of its batik prints very seriously). Bill demands that Muriel find the receipt for the leopard print dress she claims she has purchased. The legitimate ownership of the object is enmeshed with a printed receipt, the printed evidence of trade. The law (and the paramilitary power behind the law) are legitimized, or contested, by the presence or absence of printed text. Muriel hides in her bedroom, surround by poster prints of the pop group ABBA. Torn-out prints of other people’s weddings adorn her mirror. Her face is embossed with the clown-like primary colours of the marionette as she lifts a bouquet to her chin and stares into the real time ‘print’ of her mirror image. Bill takes the opportunity of a business meeting with Japanese investors to feed his entire family at ‘Charlie Chan’’s restaurant. Muriel’s middle sister sloppily wears her father’s state election tee shirt, printed with the text: ‘Vote 1, Bill Heslop. You can’t stop progress.’ The text sets up two ironic gags that are paid off on the dialogue track: “He lost,’ we are told. ‘Progress’ turns out to be funding the concreting of a beach. Bill berates his daughter Muriel: she has no chance of becoming a printer’s apprentice and she has failed a typing course. Her dysfunction in printed text has been covered up by Bill: he has bribed the typing teacher to issue a printed diploma to his daughter. In the gambling saloon of the club, under the arrays of mechanically repeated cultural symbols lit above the poker machines (‘A’ for ace, ‘Q’ for queen, etc.), Bill’s secret girlfriend Diedre risks giving Muriel a cosmetics job. Another text icon in lights announces the surf nightclub ‘Breakers’. Tania, the newly married queen bitch who has made Muriel’s teenage years a living hell, breaks up with her husband, deciding to cash in his negotiable text documents – his Bali honeymoon tickets – and go on an island holiday with her girlfriends instead. Text documents are the enduring site of agreements between people and also the site of mutations to those agreements. Tania dumps Muriel, who sobs and sobs. Sobs are a mechanical, percussive reproduction impressed on the sound track. Returning home, we discover that Muriel’s older brother has failed a printed test and been rejected for police recruitment. There is a high incidence of print illiteracy in the Heslop family. Mrs Heslop (Jeannie Drynan), for instance, regularly has trouble at the post office. Muriel sees a chance to escape the oppression of her family by tricking her mother into giving her a blank cheque. Here is the confluence of the legitimacy of a bank’s printed negotiable document with the risk and freedom of a blank space for rebel Muriel’s handwriting. Unable to type, her handwriting has the power to steal every cent of her father’s savings. She leaves home and spends the family’s savings at an island resort. On the island, the text print-challenged Muriel dances to a recording (sound print) of ABBA, her hand gestures emphasizing her bewigged face, which is made up in an impression of her pop idol. Her imitation of her goddesses – the ABBA women, her only hope in a real world of people who hate or avoid her – is accompanied by her goddesses’ voices singing: ‘the mystery book on the shelf is always repeating itself.’ Before jpeg and gif image downloads, we had postcard prints and snail mail. Muriel sends a postcard to her family, lying about her ‘success’ in the cosmetics business. The printed missal is clutched by her father Bill (Bill Hunter), who proclaims about his daughter, ‘you can’t type but you really impress me’. Meanwhile, on Hibiscus Island, Muriel lies under a moonlit palm tree with her newly found mentor, ‘bad girl’ Ronda (Rachel Griffiths). In this critical scene, where foolish Muriel opens her heart’s yearnings to a confidante she can finally trust, the director and DP have chosen to shoot a flat, high contrast blue filtered image. The visual result is very much like the semiabstract Japanese Ukiyo-e woodblock prints by Utamaro. This Japanese printing style informed the rise of European modern painting (Monet, Van Gogh, Picasso, etc., were all important collectors and students of Ukiyo-e prints). The above print and text elements in Muriel’s Wedding take us 27 minutes into her story, as recorded on a single page of real-time handwritten Coding. Although not discussed here, the Coding recorded the complete film – a total of 106 minutes of text elements and main graphic elements – as four pages of Code. Referring to this Coding some weeks after it was made, I looked up the final code on page four: taxi [food of the sea] bq. Translation: a shop sign whizzes past in the film’s background, as Muriel and Ronda leave Porpoise Spit in a taxi. Over their heads the text ‘Food Of The Sea’ flashes. We are reminded that Muriel and Ronda are mermaids, fantastic creatures sprung from the brow of author PJ Hogan, and illuminated even today in the pantheon of women’s coming-of-age art works. That the movie is relevant ten years on is evidenced by the current usage of the Muriel’s Wedding online forum, an intersection of wider discussions by sliterate women on imdb.com who, like Muriel, are observers (and in some cases victims) of horrific pressure from ambitious female gangs and bullies. Text is always a minor element in a motion picture (unless it is a subtitled foreign film) and text usually whizzes by subliminally while viewing a film. By Coding the work for [text], all the text nuances made by the film makers come to light. While I have viewed Muriel’s Wedding on many occasions, it has only been in Coding it specifically for text that I have noticed that Muriel is a representative of that vast class of talented youth who are discriminated against by print (as in text) educators who cannot offer her a life-affirming identity in the English classroom. Severely depressed at school, and failing to type or get a printer’s apprenticeship, Muriel finds paid work (and hence, freedom, life, identity, independence) working in her audio visual printed medium of choice: a video store in a new city. Muriel found a sliterate admirer at the video store but she later dumped him for her fantasy man, before leaving him too. One of the points of conjecture on the imdb Muriel’s Wedding site is, did Muriel (in the unwritten future) get back together with admirer Brice Nobes? That we will never know. While a print forms a track that tells us where culture has been, a print cannot be the future, a print is never animate reality. At the end of any trail of prints, one must lift one’s head from the last impression, and negotiate satisfaction in the happening world. References Australian Broadcasting Corporation. “Memo Shows US General Approved Interrogations.” 30 Mar. 2005 http://www.abc.net.au>. 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Muriel’s Wedding. Dir. PJ Hogan. Perf. Toni Collette, Rachel Griffiths, Bill Hunter, and Jeannie Drynan. Village Roadshow, 1994. O’Hagan, Jack. On The Road to Gundagai. 1922. 2 Apr. 2005 http://ingeb.org/songs/roadtogu.html>. Poole, J.H., P.L. Tyack, A.S. Stoeger-Horwath, and S. Watwood. “Animal Behaviour: Elephants Are Capable of Vocal Learning.” Nature 24 Mar. 2005. Sanchez, R. “Interrogation and Counter-Resistance Policy.” 14 Sept. 2003. 30 Mar. 2005 http://www.abc.net.au>. Schultheiss, O.C., M.M. Wirth, and S.J. Stanton. “Effects of Affiliation and Power Motivation Arousal on Salivary Progesterone and Testosterone.” Hormones and Behavior 46 (2005). Sherry, N. The Life of Graham Greene. 3 vols. London: Jonathan Cape 2004, 1994, 1989. Silk Road. Printing. 2000. 20 Feb. 2005 http://www.silk-road.com/artl/printing.shtml>. Smith, T. “Elpida Licenses ‘DVD on a Chip’ Memory Tech.” The Register 20 Feb. 2005 http://www.theregister.co.uk/2005/02>. —. “Intel Boffins Build First Continuous Beam Silicon Laser.” The Register 20 Feb. 2005 http://www.theregister.co.uk/2005/02>. Watson, R. S. “Eyes And Ears: Dramatic Memory Slicing and Salable Media Content.” Innovation and Speculation, ed. Brad Haseman. Brisbane: QUT. [in press] Watson, R. S. Visions. Melbourne: Curriculum Corporation, 1994. Citation reference for this article MLA Style Watson, Robert. "E-Press and Oppress: Audio Visual Print Drama, Identity, Text and Motion Picture Rebellion." M/C Journal 8.2 (2005). echo date('d M. Y'); ?> <http://journal.media-culture.org.au/0506/08-watson.php>. APA Style Watson, R. (Jun. 2005) "E-Press and Oppress: Audio Visual Print Drama, Identity, Text and Motion Picture Rebellion," M/C Journal, 8(2). Retrieved echo date('d M. Y'); ?> from <http://journal.media-culture.org.au/0506/08-watson.php>.