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     

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。     

Authorship,Authenticity, and Intellectual Property in Australian Aboriginal Art

This article analyzes research and legal cases about authorship, authenticity, and intellectual property in Aboriginal art. The concepts of Aboriginality, authenticity, and ownership are used to show the complexities of Aboriginal law, legal copyright, and the moral rights framework. The clan ownership of Dreaming makes Aboriginal artists' relationship different to other artists' individual ownership of their work. Research on this topic by members of the Faculty of Business and Law unit of the Centre for Leisure Management Research at Deakin University was undertaken for the Australian Institute of Aboriginal and Torres Strait Islander Studies. This article provides significant contextual analyses of major issues leading to Commonwealth Government inquiries and legislation in Australia during 2006-8.     

Oceanic Opportunities

正President Xi deepens both political and economic ties with Australia,New Zealand and Fiji Chinese President Xi Jinping paid state visits to three South Pacific countries—Australia,New Zealand and Fiji—from November 16 to 23.During his trip,China and Australia not only concluded bilateral free trade agreement(FTA)talks but also decided to     

Writing,Space and Authority: Producing and Critiquing Settler Jurisdiction in Western Australia

On the edge of Stirling Gardens in central Perth, Western Australia, five large, old-fashioned pen nibs stand in a curved line, their tips in the ground. Anne Neil’s sculpture, Memory Markers, commemorates the history of this site, which includes the Supreme Court. Taking this sculpture as an emblem of writing, which in the context of its setting highlights the relationship between literature and law, this article explores the image of the pen in the ground. As a symbol of literacy, it evokes the powerful network of discourses—particularly law, science and religion—that underwrote the imperial project. It signals, in Michele Grossman’s terms, “the event of literacy [that] radically interrupts and disrupts—but never eliminates—pre-existing Aboriginal epistemologies”. The article goes on to explore the sculpture as a symbol of the assertion of jurisdiction, the speaking of law in and over colonised space. It analyses a group of written texts associated with this site, from colonial legal assertions of jurisdiction over Aboriginal people in Edward Landor’s The Bushman (1847), through a proclamation under the Aborigines Act 1905 (WA), to Stephen Kinnane’s Indigenous family memoir of life under that act, Shadow Lines (2004).     

安倍政府印太战略及中国的应对

安倍政府印太战略的形成有一个逐步演进和明确化的过程,基本成型于安倍政府宣示的“自由与开放的印太”战略构想,背景是其“亚太战略”受挫、印度洋地缘板块抬升、中美战略态势更新等。其战略的主要目标有三：政治层面上维持西方主导的国际规则和地区秩序;经济上确保日本利益,对冲中国“一带一路”倡议;安全上主要是保障海洋秩序和海上通道自由,制约中国的实力拓展。实施办法则是以日、美、澳、印间的双多边合作为平台,综合采取政治、经济及安全等各种举措。安倍政府通过深耕日印、引美入“群”、补齐多边、宣介推广来促进其印太战略,态度在相关四国中积极而突出。日本推动印太战略创新面临挑战与不确定性,中国对此应加大引领、趋利避害,塑造有利于中国新时代发展所需的良好环境。     

‘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.     

Sustainability reporting by Australian local government authorities

This qualitative study investigates the Western Australian (WA) local government authorities’ sustainability reporting practices, in the absence of mandatory reporting guidelines, through content analysis of their websites. Calculations from comparing the Global Reporting Initiative (GRI)’s disclosures with those of 140 local council websites were used to develop a sustainability reporting disclosure index. The findings indicate that sustainability reporting remains moderately practised by local government authorities, despite stakeholder demand for proactive disclosures. The discourse analysis shows that Western Australia’s strategic planning for sustainable development is the key force propelling councils towards sustainability reporting practices. The findings also suggest that WA local government authorities are increasing sustainability disclosures to legitimate their social and environmental initiatives. The findings have policy implications for regulators and/or government in Western Australia, with practical implications for local council authorities and/or managers in developing awareness of sustainable operations. The study also contributes to local government authorities’ growing awareness of sustainable service operations.     

A Study of Transnational Communication Among Iranian Migrant Women in Australia

Through the analysis of 25 interviews with Iranian migrant women in Australia, this study shows how living in different communicative environments can affect transnational communication practices. The case of these Iranian transnational families indicates that the digital divide, in terms of information and communication technology (ICT) infrastructure and communication capacity, may affect the technological quality of ICT-mediated communication. However, the digital divide does not significantly affect the frequency of communication among these families. The findings illustrate that the Iranian migrants in Australia and their family members overseas developed innovative communication practices and went to great lengths to maintain “ordinary” family interactions across national borders.