Commercial Lobbying in Australia: Exploring the Australian Lobby Register

Politicians and policy makers routinely engage with lobbyists and see them as crucial agents in the political process. But how much do we really know about the Australian lobby system? Although there are a range of reviews of lobby regulation schemes and discussions about the work of lobbyists, a comprehensive contemporary picture of the commercial lobbying system in Australia is missing. Using data from the ‘federal lobby register’, this article sets out to map the commercial lobbying scene at the national level. Using this as a backdrop, the article goes on to discuss what questions this raises and how we might develop a deeper understanding of the commercial lobbying system in Australia.     

New Public Management and Substantive Democracy

The authors are concerned that a remaining refuge of substantive democracy in America, the public sector, is in danger of abandoning it in favor of the market model of management. They argue that contemporary American democracy is confined to a shrunken procedural remnant of its earlier substantive form. The classical republican model of citizen involvement faded with the rise of liberal capitalist society in the late nineteenth and early twentieth centuries. Capitalism and democracy coexist in a society emphasizing procedural protection of individual liberties rather than substantive questions of individual development. Today's market model of government in the form of New Public Management goes beyond earlier "reforms," threatening to eliminate democracy as a guiding principle in public-sector management. The authors discuss the usefulness of a collaborative model of administrative practice in preserving the value of democracy in public administration.     

It may look or smell like a 'free ride' but it is not 'unfair competition'

‘Free-riding’ on another product's reputation andbenefiting from the efforts put into promoting it can amountto trade mark infringement, even without much apparent damageto that product, but the law of passing off does not supportclaims of unfair competition where no deception or misrepresentationis involved.     

How to Make Bad Law: Lessons from Cyberspace

There is a clear trend for law and regulation, particularly in cyberspace, to become increasingly precisely specified. The perceived benefit of this approach, increased certainty as to compliance, may be illusory. Over‐complex laws have serious disadvantages, particularly a greatly weakened normative effect, and problems of contradiction and too‐frequent amendment. The combined effect of these disadvantages can be to produce a ‘bad’ law system, assessed in terms of Fuller's internal morality of law. It may also result in a law‐system which substantially fails to achieve its intended aims. This article proposes that these defects can be cured by abandoning the search for precision and substituting a method of lawmaking which requires the law's subjects to make their own qualitative assessments of whether they are meeting the obligations imposed on them. This will make the law more easily understandable by those to whom it applies, and will also increase the normative effect of cyberspace law.     

Book reviews

Stuart M. Kaye. International Fisheries Management. Kluwer Law International, The Hague, Netherlands, 2001. 606 pp. (hard cover). $172.00

Rosalee Love. Reefscape, Joseph Henry Press, Washington D.C., 2001. 264 pp. (hard cover). $24.95

Olav Schram Stokke (ed.), Governing High Seas Fisheries: The Interplay of Global and Regional Regimes, Oxford University Press, New York, 2001. 365 pp. (hard cover). $95.00

Norman J. Vig and Michael E. Kraft (eds.). Environmental Policy: New Directions for the Twenty‐First Century. 4th ed. Congressional Quarterly Press, Washington D.C., 2000. 416 pp. (paperback). $39.95

Joseph Franke and Teresa M. Telecky. Reptiles as Pets: An Examination of the Trade in Live Reptiles in the United States. The Humane Society of the United States, Washington D.C. 2001. 146 pp. (paperback). $10     

Culture in Action: Nicaragua's Revolutionary Identities Reconsidered

Rather than assume revolutionary subjectivity during insurrectionary conditions as an ideological historical given, I begin my inquiry into revolutionary action by considering the "contextual point" from the actual participants. "Culture in Action" challenges the notion that revolutionary actors are ipso facto ideologically defined during pre-overthrow conditions. Building on the social movement, revolution, and other pertinent literature as well as using interview data, secondary sources, and historical analysis, I demonstrate that the majority of Sandinista sympathizers were able to transform their social-political reality, not through Marxist-like ideology, but through the radical use of pre-existing idiomatic currencies, with Christian idioms and folkloric Sandinismo as the central vocabularies that helped embodied revolutionary subjecthoods. The piece seeks to shed light on the historico-cultural conditions within which revolutionary actors are constituted, and as such sets out to demonstrate the disruptive potential of culture. An attempt is also made to explore the relationship between idiom and ideology.     

Turmoil in the Taiwan Strait: Wellington Koo and ROC Foreign Policy 1953–1956

Turmoil in the Taiwan Strait addresses Ambassador Wellington Koo's role in Chinese foreign policy from 1953 to 1956 and his relevance in the larger Cold War context. In particular, it focuses on Koo's involvement in the 1954 Sino-American Mutual Defense Treaty and the 1955 Dachen Islands Crisis. This paper argues that, although Koo accomplished a fair amount during this time, he would have encountered fewer professional obstacles had he not represented Chiang Kai-Shek, who had become a controversial figure by the mid-1950s. At the same time, one can conclude that Koo creatively used media and meetings with statesmen abroad to shore up support for the Republic of China during this turbulent decade. This article attempts to provide another perspective on Koo, who has traditionally been understudied in the West. Furthermore, this work seeks to add a meaningful contribution to the historiography on cross-strait relations—particularly in the contemporary era.     

Democratizing a hegemonic regime: From institutionalized party to institutionalized party system in Mexico?

Party system institutionalization has been analyzed as a key variable supporting democratic consolidation and governability in Latin America. In this article the concept is applied to the case of Mexico, which completed its democratic transition following the elections of July 2000. The framework developed by Scott Mainwaring and Tim Scully in particular is assessed against evidence from the developing Mexican party system. The article addresses the question of whether the institutionalized single party regime has been supplanted by an institutionalized democratic regime. Although on some comparative measures the Mexican system does not appear to be securely institutionalized, this has much to do with the flux associated with deinstitutionalizing a hegemonic system. By examining the issues of volatility, party 'rootedness' and legitimacy, there are good grounds for believing that the Mexican system evinces substantive stability in the patterns of interaction between parties.     

A Woman's Life Before Serving Life: Examining the Negative Pre-Incarceration Life Events of Female Life-Sentenced Inmates

Despite the increase in the number of females incarcerated, there is a paucity of research concerning female life-sentenced inmates in the United States. Using a nationally representative data set containing the largest known sample of this population, the present research examines the pre-incarceration traumatic experiences of female life-sentenced inmates. The results indicate that these women are more likely to experience traumatic events, in particular abuse, than either male life-sentenced inmates or female inmates in general. Logistic regression analyses reveal a significant association between abuse and a life sentence in both gender-specific models.