‘Policies that Fail – Words that Succeed’: The Politics of Accessible Housing in Australia

This paper seeks to contribute to the debate over the efficacy of voluntary agreements versus regulation, and uses a study of the Livable Housing Design initiative to deliver voluntarily new‐built accessible housing in Australia. We first probe why regulation has become such a significant component of government policy making, and then ask why political campaigns focus on this issue as a strategy for reform. We refer to research by disability activists, which claims that the voluntary approach has failed and regulation is necessary. Amongst our conclusions are: (1) that the disjuncture between policy rhetoric and outcome can be attributed to the power of lobbyists, reliance on the private market to address inequality, and antipathy to regulatory enforcement; and (2) that there is a need for greater interrogation of the language deployed in policy texts to identify whether they are crafted to maintain the government's legitimacy or to deliver purposeful change.     

Cave Jurisdictionem – Recent Cases on Family Law and Conflicts in Australia

This article examines some recent decisions of the Family Court of Australia as they relate to matters of private international law in family law matters. Although the notion of forum non conveniens is considered, a major focus remains on the approach of the jurisdiction to the Hague Convention on Civil Aspects of International Child Abduction. In the various issues which have appeared before it, the Family Court of Australia has demonstrated a degree of confusion which suggests that other jurisdictions should be cautious in their dealings with Australia in the areas which the article discusses.Professor of Law, University of Newcastle (NSW).     

联盟困境、理性选择与澳美同盟的有限升级

任何联盟内部都存在联盟困境(即"被抛弃"与"被牵连")。在"美主澳从"的澳美同盟中,澳大利亚也面临着联盟困境:如果强调战略自主性则担心"被抛弃";如果强化澳美同盟则担心"被牵连"。在中国快速崛起、美国战略收缩和中美战略竞争不断加剧的背景下,澳大利亚认为有限升级澳美同盟——对美国欲"距"还迎——是其缓解联盟困境的理性选择。首先,有限升级澳美同盟不仅可以大大降低"被抛弃"的风险,而且有望提升地区影响力,同时有助于提升澳在中美战略布局中的重要性。其次,由于中美两国仍将长期维持"斗而不破"的状态,澳大利亚"被牵连"至中美军事冲突中的可能性很小,而当下澳美同盟的有限强化对成熟稳定的中澳关系冲击总体有限。澳大利亚为了缓解联盟困境、提升外交地位,有限升级澳美同盟,不仅使澳大利亚收益颇丰、成本可控,收益大于成本,而且中澳关系保持有限紧张是符合澳大利亚国家利益的理性选择。     

Diplomatic Rivalries and Cultural One-upmanship: New Zealand’s Long Quest to Become More Pacific than Australia

Abstract

New Zealand’s governmental and non-governmental agencies, academic commentators and media have long framed the country as uniquely and favourably positioned on cultural grounds to be a strategic diplomatic actor in the South Pacific. Justifications for the framing stem from two linked complexes: the history of New Zealand’s colonial and post-colonial involvement in a number of Polynesian territories in the Pacific; and the related history of relations between settlers and indigenes in New Zealand itself. These different strands of the argument have increasingly been brought together by the growth in numbers of New Zealand-born and domiciled Pacific Islanders. They, along with Maori, have been recruited into the diplomatic service and overtly contribute to the use of Polynesian encounter rituals in New Zealand’s diplomatic outreach. Such histories are used to justify New Zealand’s role in the Pacific in its relations with other external powers, especially in diplomatic jostling with Australia. The claims to special insight and cultural capital are subjected to critical scrutiny.     

澳大利亚对城市弱势群体权利贫困的治理及对我国的启示

澳大利亚政府对城市弱势群依权利贫困的治理可以概括为两个方面：把提供社会保障看作政府的重要职能,用完善的社会福利网保护弱势群体权利免于贫困;用健全的法律法规保障公民各种权利。澳大利亚治理城市弱势群体权利贫困的经验对我国有着重要的启示。     

澳大利亚电信诈骗特点及防控对策

近年来,随着信息技术的不断发展,越来越多的澳大利亚人倾向于通过虚拟、便捷、无纸化的电子交易手段获得自己想要的实体物质和虚拟服务。犯罪分子利用电信业、互联网漏洞实施"远程非接触式"诈骗,使一些澳大利亚民众遭受巨大经济损失。为此,澳大利亚警方在应对电信诈骗犯罪方面采取了多方面的防控措施。     

Rhetoric in municipal amalgamations: a comparative analysis

ABSTRACT

There is a large literature that seeks to evaluate municipal amalgamations ex post, but a relative dearth of scholarly inquiry into the practical political task of persuading the public to accept amalgamations ex ante. We address this important gap in the literature by conducting a rhetorical analysis to ascertain what types of arguments are believed to be efficacious for persuasion on amalgamation. We find evidence to suggest belief in the efficacy of persuading the public through recourse to various projected dreadful consequences, particularly amongst opponents of amalgamation. We conclude by considering some of the reasons behind the observed rhetorics and briefly outline one possible solution.     

Can We Protect How We Do What We Do? A Consideration of Business Method Patents in Australia and Europe

In the long history of monopolies, business method patents area novel and recent edition. In the Digital Age, where time ismoney and speed is everything, innovative methods for undertakingbusiness are as important to a business as the products or servicesit provides to its clients. In recent years several reviews,conducted in both Australia and internationally,⁴ have questionedthe appropriateness of patenting business methods. This paperreviews the availability of business method patents in Australiain light of the 2006 decision of the Full Court of the FederalCourt in Grant v Commissioner of Patents,⁵ which confirmed theneed in Australia for a ‘useful product’ to issuefrom the working of a method (business or otherwise) in orderfor the method to be patentable. This paper will review argumentsboth criticising and defending business method patents and considerwhether business methods warrant special treatment.     

经济全球化中的澳大利亚经济发展趋势

在经济全球化进程中,澳大利亚经济经历了亚洲金融危机的冲击,保持了经济持续稳步的增长。21世纪初,尽管世界经济可能趋向于低速增长,但澳大利亚经济将能保持在年增长率3.5%左右,出口增长率约6%,可望保持在接近90年代的发展水平。