A SHORT COMMENTARY ON TIMOTHY M. TIPPINS AND JEFFREY P. WITTMANN'S "EMPIRICAL AND ETHICAL PROBLEMS WITH CUSTODY RECOMMENDATIONS

In this commentary, the call for clinical humility and judicial vigilance in custody recommendations is confirmed as valid and the Australian experience, where the child custody report writer has for some years been permitted to express an opinion on the ultimate issue, is considered. The inherent risks are briefly discussed, and the question of who of the judge and the social scientist might be better placed to decide the exquisitely difficult children's issues after family breakdown is touched upon. It suggests that a combination of the expert's opinion and judicial fact finding probably produces a result that is as good as it gets. But a greater danger is highlighted. It is the impact of the adversary system, and whether it is suitable in any event to these sensitive court decisions.     

The importance of industry compliance in improving advertising self‐regulatory processes

As the most visible element of the marketing communications mix, advertising has had its critics and, given the choice, developed countries usually select a self‐regulatory approach to deal with unacceptable advertising. The recent breakdown of one of the world's longest established advertising self‐regulatory programmes in Australia has reopened the 20‐year old debate that has taken place in the leading academic and business journals concerned with enhancing understanding of such regulatory systems. This paper focuses on the activity of code enforcement in improving the effectiveness of advertising self‐regulatory frameworks. The key findings of an Australian study, where its scheme has recently failed, are presented and discussed in this context and a key concept is developed. Copyright © 2003 Henry Stewart Publications     

The Frontiers of Legal Analysis: Reframing the Transition in Northern Ireland

British constitutional legal discourse is structurally limited in its capacity to capture the complexity of the Good Friday Agreement. Rather than assessing the Agreement in narrow devolutionary terms, it should be seen as a hybrid domestic and international law instrument, making an important contribution to accepted international law norms in relation to self-determination. The Agreement transforms and partly transcends the Northern Ireland conflict by substituting political contestation for violent conflict, and by defining the modalities of conducting that contestation. This analysis complements classical international law perspectives, and opens up the application of legal discourses associated with 'transitional justice' to the legal and political transformation in Northern Ireland. These discourses focus on the problem of reconciling the demands of peace with the imperatives of justice. The Agreement sits squarely in this terrain with its provisions on 'dealing with the past' and 'institutional legacies'. The insights gained here challenge orthodox thinking about conflict-management and the ongoing political process.     

区际民事案件移送制度初探

区际民事案件移送制度的作用主要是为了节约司法资源、减低司法成本、提高司法效率、保证司法公正、缓和区际管辖权冲突、避免当事人挑选法院、保护当事人合法的诉讼权益和促进区际司法协助等。美国和澳大利亚区际民事案件移送制度的立法与实践对我国具有一定的借鉴意义。     

Quality of democracy in unrecognized states: lessons from Northern Cyprus

Scholars have recently debated whether non-recognition is a blessing or a curse for democracy. Some suggest that lack of recognition forces political elites to democratize and acquire internal legitimacy to compensate for the lack of external legitimacy. Others suggest that democratization is used as a strategy by which to acquire international recognition. Still others claim that non-recognition obliges unrecognized states to rely on a patron state which, in turn, hinders the quality of democracy. To contribute to this discussion, we have conducted an in-depth case study. Focusing on democratic quality in Northern Cyprus from 2010 to 2016, it is observed that reliance on a patron state leads to dynamics of tutelage, in turn hindering the quality of democracy.     

Did the Big Stick Work? An Empirical Assessment of Scale Economies and the Queensland Forced Amalgamation Program

In 2007, the Queensland Government imposed forced amalgamation with the number of local authorities falling from 157 to just 73 councils. Amalgamation was based inter alia on the assumption that increased economies of scale would generate savings. This paper empirically examines pre- and post-amalgamation (2006/07 and 2009/10) for scale economies. For the 2006/07 data, evidence of economies of scale was found for councils with populations up to 98,000, and thereafter diseconomies of scale. Eight percent of councils in 2006/07 (ten councils) – representing 64% of the state’s population – exhibited diseconomies of scale. For the 2009/10 data, the average cost curve remained almost stationary at 99,000 residents per council, but almost 25% of all councils (thirteen councils) were now found to exhibit diseconomies of scale. The compulsory merger program thus increased the proportion of Queensland residents in councils operating with diseconomies of scale to 84%.     

Does Size Still Matter? An Empirical Analysis of the Effectiveness of Victorian Local Authorities

Efficiency approaches to the question of whether population size matters to optimal local government have proved largely inconclusive. However, recent exploratory empirical work employing an effectiveness approach – as proxied by citizen satisfaction survey data – offers a promising way forward. The present paper seeks to build upon an earlier cross-sectional analysis of Victorian local government by employing longitudinal data over a three-year period – 2008 to 2010 – for Victorian local authorities. The greater depth of data confirmed the positive associations with population density but suggests that negative linear relationships dominate over parabolic associations for population size. This result underlines the need for the collection of more local government citizen satisfaction data by Australian local government systems, given its potentially fruitful application in tackling contentious questions in contemporary local government policy debates.     

Resource Extraction,Economic Growth,and the Climate Dilemma in Canada and Australia

Canada and Australia are two of the economic success stories of the last thirty years, enjoying rapid growth during the 1990s and 2000s and (unlike the UK and US) escaping the worst effects of the 2008 financial crisis. In both countries, however, economic growth has become highly dependent on commodities extraction, leaving them vulnerable to fluctuations in commodity prices, and imposing political constraints on tackling climate change. This article explores the economic and political challenges which the role of the natural resource sector has posed in Australia and Canada in recent years, and examines the contrasting ways in which Scott Morrison and Justin Trudeau’s governments deployed the climate issue in the two countries’ 2019 federal elections.     

Peace in Northern Ireland and the Remaining Issue of the “On-the-Runs”

The return of devolution to Northern Ireland in May 2007 marks an important turning point in the Northern Ireland peace process, but there remains the issue of the “on-the-runs”—a term used to describe persons suspected of committing a range of terrorist acts during the Troubles, who were never arrested, charged, prosecuted, or tried. It is thought that the On-the-Runs want to return to Northern Ireland, but determining the conditions for their return is a difficult and controversial issue, raising legal and moral concerns and causing strong and painful reactions among the victims of terrorist violence on all sides of the Northern Ireland conflict. It is also an issue that is complicated by the fact that while the Belfast Agreement of 1998 did not address expressly the situation of the On-the-Runs, it did provide for the accelerated release of a significant number of paramilitaries, both republican and loyalist, from prisons in both Ireland and Northern Ireland. This paper reviews the possible options in law for addressing the situation of the On-the-Runs, including extradition and prosecution, as well as trial and amnesty, and pardons. While the paper makes clear that the political offence exception to extradition is no longer the obstacle it once was, it also concludes that politics, rather than law, or simply the passage of time is more likely to offer the solution to the problem posed by the On-the-Runs.

Consociationalism and its critics: Evidence from the historic Northern Ireland Assembly election 2007

Critics of consociational power-sharing institutional arrangements in deeply divided societies argue that such arrangements solidify the underlying conflict cleavage and render it all-important for party competition and voter behaviour. I find evidence to the contrary in the case of voter behaviour at the historic 2007 Assembly election in Northern Ireland. At least in the unionist bloc, I find the effective disappearance of the ethno-national conflict cleavage as a determinant of voter choice. This suggests that consociational arrangements have led to both inclusion and moderation, rather than polarisation and ‘ethnic outbidding’.