The ILC's Articles on Responsibility of States for Internationally Wrongful Acts: Completion of the Second Reading

In 2001 the International Law Commission finally adopted on second reading the Draft Articles on Responsibility of States for Internationally Wrongful Acts with commentaries, bringing to an end nearly 50 years of ILC work on the subject. This article reviews the final group of changes to the text, focusing on the definitions of ‘injury’ and ‘damage’, assurances of non‐repetition in the light of the LaGrand case, procedural aspects of countermeasures and the controversy over measures taken in response to a breach by states which are not individually injured. The focus of debate now turns to the UNGA Sixth Committee, which will have to decide what to make of the Draft Articles. The ILC itself recommended an initial resolution taking note of the Articles, with subsequent consideration (after a period of years) of a possible diplomatic conference with a view to concluding a convention. This modest proposal allows for further reflection on the text and may help to avoid possibly divisive and inconclusive debate in the Sixth Committee. At the same time it allows time for better understanding of the many changes made as compared with the first reading text (1996).

Researching the 'reception' of indigenous affairs in Australia

The Reporting and Reception of Indigenous Issues in the Australian Media was a three year project financed by the Australian government through its Australian Research Council Large Grants Scheme and run by Professor John Hartley (of Murdoch and then Edith Cowan University, Western Australia). The purpose of the research was to map the ways in which indigeneity was constructed and circulated in Australia's mediasphere. The analysis of the 'reporting' element of the project was almost straightforward: a mixture of content analysis of a large number of items in the media, and detailed textual analysis of a smaller number of key texts. The discoveries were interesting - that when analysis approaches the media as a whole, rather than focussing exclusively on news or serious drama genres, then representation of indigeneity is not nearly as homogenous as has previously been assumed. And if researchers do not explicitly set out to uncover racism in every text, it is by no means guaranteed they will find it1. The question of how to approach the 'reception' of these issues - and particularly reception by indigenous Australians - proved to be a far more challenging one. In attempting to research this area, Hartley and I (working as a research assistant on the project) often found ourselves hampered by the axioms that underlie much media research. Traditionally, the 'reception' of media by indigenous people in Australia has been researched in ethnographic ways. This research repeatedly discovers that indigenous people in Australia are powerless in the face of new forms of media. Indigenous populations are represented as victims of aggressive and powerful intrusions: ‘What happens when a remote community is suddenly inundated by broadcast TV?’; ‘Overnight they will go from having no radio and television to being bombarded by three TV channels’; ‘The influence of film in an isolated, traditionally oriented Aboriginal community’2. This language of ‘influence’, ‘bombarded’, and ‘inundated’, presents metaphors not just of war but of a war being lost. It tells of an unequal struggle, of a more powerful force impinging upon a weaker one. What else could be the relationship of an Aboriginal audience to something which is ‘bombarding’ them? Or by which they are ‘inundated’? This attitude might best be summed up by the title of an article by Elihu Katz: ‘Can authentic cultures survive new media?’3. In such writing, there is little sense that what is being addressed might be seen as a series of discursive encounters, negotiations and acts of meaning-making in which indigenous people — communities and audiences —might be productive. Certainly, the points of concern in this type of writing are important. The question of what happens when a new communication medium is summarily introduced to a culture is certainly an important one. But the language used to describe this interaction is a misleading one. And it is noticeable that such writing is fascinated with the relationship of only traditionally-oriented Aboriginal communities to the media of mass communication.

Virion : new media and the development of the discursive museum

The historical rhetoric established with the very first public art museums declared that the purpose of such institutions was to provide a space where art could be accessible to all citizens. However contrary to this aim, studies show that art museums are one of the least accessed cultural institutions in the western world. The prevailing consensus for this can be attributed to the perception that museums are elitist, irrelevant and restricted to a small and privileged group. The focus of this research project is to address the issues that lead to these perceptions, and to identify possible curatorial strategies to encourage greater access to, and participation in the visual arts. This will be done through designing and curating an open submission exhibition that utilises new media technologies to increase access and dialogue between artists and audiences. This is part of a hybrid practice-based methodology that also includes scholarly research to critically investigate a number of historical and contemporary theories concerned with public museums and approaches to curatorial practice. This research will culminate in the development of Virion, an Internet based exhibition that aims to develop a curatorial model that facilitates open and democratic participation in arts practice from a diverse public audience.

Conceptualising and teaching discursive and performative reflection in higher education

The importance of reflection in higher education, and across disciplinary fields is widely recognised. It is generally embedded in university graduate attributes, professional standards and course objectives. Furthermore, reflection is commonly included in assessment requirements in higher education subjects, often without necessary scaffolding or clear expectations for students. It is essential that academic staff have substantive knowledge and clear expectations about the aims of reflective activities, the most effective mode of representation, and appropriate teaching strategies to support students in deep, critical reflection. The paper argues the case for reflection to be represented in different modes, using discursive (language) or performative (symbolic practice) forms of expression according to disciplinary context and individual communicative strengths. It introduces key discursive and expressive elements that constitute different modes of representation in reflective tasks. This functional analysis of textual elements provides explicit knowledge for teaching and assessing multiple modes of reflection in higher education.

Multiculturalism, education for sustainable development (ESD) and the shifting discursive landscape of social inclusion

Australia has a long and sometimes turbulent relationship with the migrant Other. This paper examines a component of this relationship via the window of contemporary multicultural policy. The paper begins with an analysis of the political and social conditions that enabled a national and bipartisan policy of multiculturalism to emerge as formalised federal policy during the late 1960s and early 1970s. The paper re-problematises the influences that helped shape Australia's articulation of race and ethnicity and argues that multiculturalism, within a post-September 11 environment, can no longer be framed solely within its traditional framework of social justice. The paper positions education for sustainable development (ESD) as an emerging discursive field that provides educators with an alternative road map for critiquing Australia's fluid relationship with the migrant Other. By linking the tenets of multiculturalism with ESD, this paper suggests pre-service teacher educators are presented with a productive, and at the same time politically palatable, means for regaining pedagogical traction for a semi-dormant agenda of social inclusion.

Does section 420A impose ‘strict liability’ upon controllers for acts or omissions of agents and experts?

This article addresses in depth the question of whether section 420A of the Corporations Act 2001 (Cth) imposes ‘strict liability’ upon a controller for the failure of an agent or expert to take reasonable care. The weight of existing authority appears to suggest that controllers are liable under s 420A for the carelessness of their agents or expert advisers. However, a closer analysis of the text of the provision and relevant Australian and UK case law demonstrates that this aspect of the statutory construction of s 420A remains very much an open question. This article ultimately contends for a construction of s 420A which requires a controller to adequately supervise and scrutinise, but which does not render a blameless controller strictly liable for all careless acts and omissions of agents and expert advisers.

The Wood Royal Commission : a case study in the slippery slope from unethical conduct to criminal acts

Over the last two and a half decades, corruption in the police service in Australia has come under increased official and public scrutiny. Numerous scandals involving police officers has caused concerned about the integrity and ethics within the Police Service. This paper examines the Wood Royal Commission, specifically looking at testimony from Trevor Haken. This paper provides insights into the nature of police corruption as well as the process or ‘slippery slope’ corrupt officers go through. This paper also contributed to the existing literature by providing knowledge into the types of corruption used by police officers in real-life situations, and deepening understanding of how corruption emerges and why. It specifically confirms the literature on slippery slope arguments about police corruption and the role of trust in building a corrupt career. The paper contributes to the existing literature by providing insights into the nature of corruption used by police officers in real-life situations, and deepens the understanding of the process of corruption. The findings also contribute to our understanding that corruption is not just an individual incident but rather a result of reoccurring incidents that are generated by the nature of work, organizational structure and society in relation to corruption.

Sublime acts : desire in the studio

Acknowledging the recent call to review design creativity and consideration of the body's affective states in education, this paper explores how desire, conceptualized as an immanent force (Deleuze & Guattari, 1987) and an irresistible force (Burke, 1753) can be a means of deeper engagement within the design studio. Positing 'disruption or blockage' as a key agent which propels subjects from fields of normalcy to fields of otherness, and subsequently mobilises distinct modes of desire, this paper takes Edmund Burke's Romantic sublime and Patricia Yaeger's feminine sublime as critical lenses through which to review a first year interior program posited around the body. The paper highlights how the embodiment of 'desirous processes' within the design program and relational encounters within the studio represent an overarching pedagogical 'hinge' (Ellsworth, 2005). Rather than being a point of beginning, the start of first year is seen and experienced as a threshold opening to a new rhythm in a proces of becoming that is already underway.

New discursive configurations of journalism : Narratives in Rio de Janeiro's favelas [Novas configurações discursivas no jornalismo: narrativas digitais nas favelas do Rio de Janeiro]

Oprincipal objetivo desse artigo é apresentar os resultados parciais de uma pesquisa em andamento sobre o processo de produção de conteúdo do portal Viva Favela, um dos projetos sociais realizados pela organização nãogovernamental Viva Rio. Partindo de uma abordagem conceitual que discute os modos pelos quais a mídia alternativa e o jornalismo público/jornalismo cívico criam as condições de possibilidade para que uma determinada prática jornalística dê ‘voz’ e ‘empodere’ (empower) moradores de periferias e favelas brasileiras, estamos realizando um estudo das rotinas produtivas do Viva Favela e seus ‘correspondentes comunitários’. O conceito sobre voice, de Jo Tacchi, oferece-nos um embasamento teórico adequado para refletirmos sobre o que vem sendo denominado, nos Estados Unidos, de digital storytelling – as narrativas digitais produzidas com as tecnologias de informação e comunicação para “contar estórias” 1, que são criativamente apropriadas, no Brasil, por moradores das favelas e periferias das regiões metropolitanas.

Social moralities and discursive constructions of female sex offenders

This article explores legal, scholarly and social responses to women identified as sex offenders. While much has been written on the male paedophile, rapist and sex offender, little research has been done on the role of gender and sexuality in sex offending. This article examines the ways in which the female sex offender is currently theorized and the discourses surrounding policy, legislative and media responses to their crimes. We identify contradictory public discourses where perceptions of female child abusers in particular often succumb to moral panic, in spite of many such offenders being given lenient sentences for their crimes. An examination of the discursive construction of female child abusers suggests that these contradictions are informed by underlying assumptions concerning harm and subjectivity in sex crimes. In exploring these contradictions we illustrate the ways in which such discourses are impacted by social moralities, and how social moralities construct offender and victim subjectivities differently, based on differences in gender, age and sexuality.

White teachers at a discursive crossroad

This study explored the way white teachers speak about Indigenous students and communities. The accounts of teachers working in eight schools across Australia were analysed using Foucauldian discourse analysis. The research found that deficit and colour-blind discourses dominate the ways that white teachers "know" Indigenous students and families. The data indicates that colour-blind and compensatory pedagogies are employed heavily by teachers working with Indigenous students, and highlights the complexities and tensions that exist in schools. Although there is evidence of some disruption to dominant discourses, teachers' discursive resources are limited in terms of imagining and enacting more equitable pedagogies.

The discursive nature of citizenship : Indigenous sovereign rights, racism and welfare reform

Citizenship is more than a status associated with a bundle of rights; it is also the formal contract by which the sovereignty of a nation is extended to the individual in exchange for being governed. Who can and who cannot contract into this status and what rights are able to be exercised is also shaped by who possesses the nation. In this article it is argued that citizenship operates discursively to contain Indigenous people’s engagement with the economy through social rights. This containment precludes consideration of Indigenous sovereign rights to our lands and resources, to enable Indigenous economic development within a capitalist market economy.