The creation of international commercial law: Sovereignty felled?

The creation of international commercial law presents an interesting paradox for proponents of sovereignty in international law. Indeed, it could be argued that the creation of international commercial law is the vanishing point of sovereignty in that nation states are becoming increasingly less important in the creation of international commercial law with the growth of regional organizations, non-state actors, and international arbitration. This is spurred on by the march of globalization and the consequent need for international commercial law. The term "harmonization" will be used as a surrogate to discuss the creation of international commercial law, as it is the primary means by which international commercial law is created. This article seeks to chart this trend and show that nation states are being marginalized and will become significantly less relevant as more and more international legal instruments are created. In Part II, I paint the landscape against which the process is evolving; in Part III, I will demonstrate the growing role of regional endeavors at harmonization; and in Part IV, I will attempt to draw broad themes that establish that nation states will increasingly have a secondary role in the creation of international commercial law.

New trends in the making of international commercial law

This paper analyzes trends in the making of international commercial law including the impetus for generating conventions, the growth of regional conventions, and soft law.There has never been a better time to be an international commercial law scholar. After decades of being held hostage to state-centered ideas, international commercial law has finally broken through to become more solution oriented. Increasingly, nation states are becoming less important in the creation of international commercial law with the growth of regional organizations, non-state actors, and international arbitration. This is spurred on by the march of globalization and the need for international commercial law. The term "harmonization will be used as a surrogate to discuss the creation of international commercial law as it is the primary means by which international commercial law is created. This article seeks to explore two preponderant trends that have become visible in the making of international commercial law. In Part I, I shall describe the background. In Parts II and III, I will highlight the growing role of regional endeavors at harmonization, and the rise of non-binding instruments.

From Darfur to Sinai to Kashmir: Ethno-religious conflicts and legalization

This paper attempts to examine agreements between two high conflict states - India and Pakistan - in comparison with those between parties characterized by high degrees of conflict along ethnic and religious lines, from a theoretical perspective with a view to determining if legalization has any correlation between the commitments embodied in agreements between such states and the degree of compliance. For purposes of comparison, I examine the historic agreement between Israel and Egypt, and the Darfur Peace Agreement (DPA) as exemplars of similar conflicts where legalization has salience. I adopt the lens of legalization articulated by Abbott, et al, and bring recent advances from the intersection of international relations theory and international law to the design and structuring of agreements between states beset by persistent hostilities. I analyse agreements between India and Pakistan, Israel and Egypt, and the Darfur Peace Agreement, to demonstrate that agreements that are high on the precision-obligation-delegation matrix enjoy higher degrees of success than those that are low on this matrix when concluded between high conflict states. I conclude by arguing that India and Pakistan should aim for hard legalization to solve the Kashmir dispute, and that they must learn from the painful experience of the Darfur Peace Agreement and include non-state actors as signatories to any agreement.

China & technical global internet governance: from norm-taker to norm-maker?

 This dissertation examines Chinese engagement with core norms structuring technical global internet governance. It finds that China has been a norm-taker globally, but more of a norm-maker both regionally and domestically. Beijing seeks to restrict US government and non-state actor authority, but cannot due to limited support and power constraints.

Trade union internationalism and political change in Myanmar

Networks of trade union activists working as part of the global union movement have played a central role in political change in Myanmar. In response to trade union advocacy, compliance with International Labour Organization (ILO) standards was made a key condition for the lifting of sanctions on Myanmar, leading the current civilian government to pass revised labour laws allowing the formation of independent trade unions. Union activists have taken advantage of this new freedom, with a rapid growth in registration of local union organizations since 2011. Based on recent fieldwork in Myanmar, including interviews with union leaders and ILO officials, this paper presents an empirical analysis of political relationships formed by local and international union organizations in the context of multi-level political change. In this case study of translating international norms into domestic political change, local and international trade union networks are shown to have a significant impact on achieving compliance with international labour standards.

Book review: Hannah Murphy, The Making of International Trade Policy: NGOs, Agenda-setting and the WTO (Cheltenham, UK: Edward Elgar, 2010), 240 pp., £65.00, ISBN 978 18498 00181 (hbk).

The nexus between states,non-state actors and intergovernmental organisations is an increasingly important area in both the study and practice of global governance. Hannah Murphy makes a meaningful contribution to this area in examining the informal role of non-governmental organisations (NGOs) in relation to agenda-setting within the World Trade Organization (WTO). © Dean Coldicott, Deakin University 2012.

Non-government organisations and the dialectics of state and civil society

This paper is concerned with envisioning the development of non-government organisations (NGOs) in Australia over the next 200 years. It begins with a discussion of a hypothetical NGO, providing vignettes of its activities in 2104 and 2204, and sketching out contextual factors that might influence NGO development. This discussion is followed by an outline of the methodology upon which the projections indicated in the hypothetical case-study are based. Three methodological approaches are used. The first approach begins from an analysis of current contextual trajectories, and projects the role of NGOs within these trajectories. The second approach postulates that the changes that will occur will be affected by the reflexive nature of social change, involving continual reflection and action. The third methodological approach draws on this notion of reflexivity, but emphasises that social change is not only a reflexive process, it is also a dialectical one. The dialectical approach rests on the premise that change occurs through a process of the accumulation of contradictions, challenge and resolution. Using these methodological approaches the paper proceeds to identify three factors which will influence the Australian NGO sector in the next 200 years. These factors are the shifting relations between the state and civil society, including the rise of the neo-authoritarian state in the 21st century; the ways in which least advantaged people are dealt with and, finally, the idea of risk society. While it is more difficult to identify the contextual and NGO trajectories into the 22nd and 23rd centuries, the paper postulates a more utopian vision for NGOs in Australia in 200 years time, where the category of people who had been previously marginalised disappears, and the major roles of NGOs are to ensure cultural diversity and develop civil labour.

A state space based approach in non-linear hemodynamic response modeling with fMRI data

In this paper we use the modified and integrated version of the balloon model in the analysis of fMRI data. We propose a new state space model realization for this balloon model and represent it with the standard A,B,C and D matrices widely used in system theory. A second order Padé approximation with equal numerator and denominator degree is used for the time delay approximation in the modeling of the cerebral blood flow. The results obtained through numerical solutions showed that the new state space model realization is in close agreement to the actual modified and integrated version of the balloon model. This new system theoretic formulation is likely to open doors to a novel way of analyzing fMRI data with real time robust estimators. With further development and validation, the new model has the potential to devise a generalized measure to make a significant contribution to improve the diagnosis and treatment of clinical scenarios where the brain functioning get altered. Concepts from system theory can readily be used in the analysis of fMRI data and the subsequent synthesis of filters and estimators.

Policing, rule of law, state capacity and sustainable peace in Timor-Leste

This paper sets out to demonstrate the link between development, state capacity and peace, employing Timor-Leste as the case study. It employs the association between state capacity and development to illustrate where if state capacity is lacking or functions improperly there is likely to be a low level of state legitimacy. This in turn manifests as lack of respect for or failure of rule of law, developing as generalised lawlessness and anti-state activity and eventually manifesting as intra-state or civil conflict. In particular, policing is seen as a critical component in state legitimacy, being the 'front line' of the judicial system from which legitimacy ultimately derives. This issue is particularly critical in states emerging from traditional legal and judicial structures, but which have not yet articulated into 'rational-legal' structures. Ipso facto, key state institutions, such as the judicial system and police are required to function well, while these are alone not enough to guarantee peace, they are significant contributors to and guarantors of peace.

Does school suspension affect subsequent youth non-violent antisocial behaviour? A longitudinal study of studnets in Victoria, Australia and Washington State, United States

School suspension has been not only associated with negative behaviours but also is predictive of future poor outcomes. The current study investigates (1) whether school suspension is a unique predictor of youth non-violent antisocial behaviour (NVAB) relative to other established predictors, and (2) whether the predictors of NVAB are similar in Australia and the United States (USA). The data analysed here draw on two statewide representative samples of Grade 7 and 9 students in Victoria, Australia and Washington State, USA, resurveyed at 12-month follow-up (N = 3,677, 99% retention). School suspension did not uniquely predict NVAB in the final model. The predictors of NVAB, similar across states, included previous student NVAB, current alcohol and tobacco use, poor family management, association with antisocial friends, and low commitment to school. An implication of the findings is that US evidence-based prevention programmes targeting the influences investigated here could be trialled in Australia.

An integrated workplace mental health intervention in a policing context: protocol for a cluster randomised control trial

BACKGROUND: In this paper, we present the protocol for a cluster-randomised trial to evaluate the implementation and effectiveness of a workplace mental health intervention in the state-wide police department of the south-eastern Australian state of Victoria. n. The primary aims of the intervention are to improve psychosocial working conditions and mental health literacy, and secondarily to improve mental health and organisational outcomes.

METHODS/DESIGN: The intervention was designed collaboratively with Victoria Police based on a mixed methods pilot study, and combines multi-session leadership coaching for the senior officers within stations (e.g., Sergeants, Senior Sergeants) with tailored mental health literacy training for lower and upper ranks. Intervention effectiveness will be evaluated using a two-arm cluster-randomised trial design, with 12 police stations randomly assigned to the intervention and 12 to the non-intervention/usual care control condition. Data will be collected from all police members in each station (estimated at >20 per station). Psychosocial working conditions (e.g., supervisory support, job control, job demands), mental health literacy (e.g., knowledge, confidence in assisting someone who may have a mental health problem), and mental health will be assessed using validated measures. Organisational outcomes will include organisational depression disclosure norms, organisational cynicism, and station-level sickness absence rates. The trial will be conducted following CONSORT guidelines. Identifying data will not be collected in order to protect participant privacy and to optimise participation, hence changes in primary and secondary outcomes will be assessed using a two-sample t-test comparing summary measures by arm, with weighting by cluster size.

DISCUSSION: This intervention is novel in its integration of stressor-reduction and mental health literacy-enhancing strategies. Effectiveness will be rigorously evaluated, and if positive results are observed, the intervention will be adapted across Victoria Police (total employees ~16,500) as well as possibly in other policing contexts, both nationally and internationally.

Partial state bounding with a pre-specified time of non-linear discrete systems with time-varying delays

In this study, the authors address a new problem of finding, with a pre-specified time, bounds of partial states of non-linear discrete systems with a time-varying delay. A novel computational method for deriving the smallest bounds is presented. The method is based on a new comparison principle, a new algorithm for finding the infimum of a fractal function, and linear programming. The effectiveness of our obtained results is illustrated through a numerical example.

Blue army : paramilitary policing in Australia

Examination of how Victoria's Special Operations Group and their tactics have contributed to the extraordinary number of police shootings in Victoria. Looks at how these tactics have been passed on to the ordinary police. Based on author's research into the paramilitarisation of the police. Exposes the risks of allowing Australia's police forces to move away from their original charter of keeping the peace with the use of minimum force. Author lectures in Police Studies at Deakin University. She has represented the families of several men shot and killed by police in the late 1980s in her work as a community lawyer.