Multiplicity of International Courts and Tribunals

This work comprehensively explores the implications of multiplicty of international judicial bodies on the coherent application of public international law. It carried out an in-depth analysis of the underlying reasons for the multiplicity, a thorough discussion of the benefits and the challenges presented by this development, its theoretical dimensions and solutions suggested to mitigate the challenges. The work locates the root causes of these challenges in the normative and institutional expansions of international law without a corresponding coordination of the activities of the ¿proliferating¿ judicial bodies. The challanges are systemic in nature. Clearly, because of their systemic nature, the impacts of these challenges are not limited to the specific courts, cases and parties implicated, but have a ripple effect that reverberates throughout the system. Therefore, the mitigation of the impacts of these challenges is of a paramount importance for the credibility, predictability, legitimacy and overall integrity of the international legal system and the eventual augmentation of the ¿compliance pull¿ garnered as a result.

Changes in quality of life associated with fragility fractures: Australian arm of the International Cost and Utility Related to Osteoporotic Fractures Study (AusICUROS).

We investigated change in health-related quality of life due to fracture in Australian adults aged over 50 years. Fractures reduce quality of life with the loss sustained at least over 12 months. At a population level, the loss was equivalent to 65 days in full health per fracture.

‘Responsibility in mobility’: international students and social responsibility

Enhancing the educational experience and social connectedness for international students is the responsibility of different involved parties among whom international students themselves and host institutions play a key role. However, the question of how the condition of cross-border mobility has shaped and re-shaped international students’ responsibility towards the home and host country and other social relationships that have been formed via their mobility experiences is often neglected. This paper examines the social nature of international students’ responsibility. It is derived from a research project funded by the Australian Research Council that includes fieldwork and semi-structured interviews with 155 staff and international students from 25 institutions in Australia over 4 years. Using positioning theory as a conceptual framework, the study shows that it is important to take into account the tangible aspects of transnational mobility in understanding international student responsibility rather than merely locating their responsibility in simple cultural, personal or institutional parameters. The study suggests the important roles of host institutions and community in creating conducive conditions and opportunities for international students to exercise responsibility as social members and intercultural learners. Enhancing student social responsibility and capacity for enacting responsibility is essential for nurturing meaningful transnational citizenship.

Inequalities and agencies in workplace learning experiences: international student perspectives

National systems of vocational education and training around the globe are facing reform driven by quality, international mobility, and equity. Evidence suggests that there are qualitatively distinctive challenges in providing and sustaining workplace learning experiences to international students. However, despite growing conceptual and empirical work, there is little evidence of the experiences of these students undertaking workplace learning opportunities as part of vocational education courses. This paper draws on a four-year study funded by the Australian Research Council that involved 105 in depth interviews with international students undertaking work integrated learning placements as part of vocational education courses in Australia. The results indicate that international students can experience different forms of discrimination and deskilling, and that these were legitimised by students in relation to their understanding of themselves as being an ‘international student’ (with fewer rights). However, the results also demonstrated the ways in which international students exercised their agency towards navigating or even disrupting these circumstances, which often included developing their social and cultural capital. This study, therefore, calls for more proactively inclusive induction and support practices that promote reciprocal understandings and navigational capacities for all involved in the provision of work integrated learning. This, it is argued, would not only expand and enrich the learning opportunities for international students, their tutors, employers, and employees involved in the provision of workplace learning opportunities, but it could also be a catalyst to promote greater mutual appreciation of diversity in the workplace.

Globalisation, the environment and recent trends in international trade

The process of globalization has had far-reaching social as well as economic effects. The term "globalization" is generally taken to mean an increase in international transactions in markets for goods, services and factors of production and a growth in institutions .that straddle international borders. This development has also meant that the corporate-governance mechanisms have to be reinforced to ensure fairness and transparency as well as social responsibility. Finally, international infrastructure and institutions have to evolve to facilitate and ameliorate the effects of the growth in this world trade on the environment, sustainable development and bio-diversity. This paper provides an overview of the current developments in all these areas.

The TRIPS agreement and developing countries: a discussion of the paragraph 6 of the Doha declaration on public health

The Paragraph 6 solution arrived on 30th August 2003 to facilitate export of drugs to the countries which were not able to manufacture said drugs shows the total marginalization of developing countries in international treaty negotiations. A simple proposal by developing counties to use Article 30 of the TRIPS Agreement for such manufacture and export to non-manufacturing countries in order to avoid expensive litigations with the pharmaceutical multinationals took an ugly turn where not only the said proposal was totally rejected but export was added as one of the patenting rights in the TRIPS Agreement with payment of remuneration to patent holders. This introduction of export as one of the patenting rights was surrounded by a thicket of rules on the plea that such products would be diverted to ensure that the needing countries never acquire the requisite drugs. This article analyses the events leading to the establishment of the TRIPS Agreement, the elimination of developing countries from such negotiations through the use of suitably placed officials in the negotiating forums, the role of CEOs of the multinationals and the business NGOs such as International Intellectual Property Alliance and IPC (Intellectual Property Committee), epistemic community consisting of individuals such as Jacques Gorlin and Eric Smith and the subsequent development leading to the finalization of Para 6 Solution, which was an exact replication of events during the TRIPS negotiations. The analysis suggests that developing countries do not have any say in international negotiations and their agreements to such negotiations are essentially to legitimize their colonized existence.

International and interdisciplinary approach to curriculum : the Melbourne model

‘The Melbourne Model’ is a new approach to university curriculum that has been adopted recently by the University of Melbourne, Australia. It incorporates elements of the 3+2+3 or three cycle structure identified in the Bologna Process, and of the objectives of ‘liberal education’ evident in undergraduate education in North America. The Melbourne curriculum model is internationally aligned, while simultaneously responsive to the particular context of Australian higher education policy. The new curriculum also incorporates interdisciplinarity of several variants in order that all students are exposed to and learn about alternative knowledge domains, methods of investigation and enquiry, and different ways of knowing. Interdisciplinary study in the Melbourne Model is ensured through a requirement that students study one quarter of their subjects outside their core curriculum, a requirement known as ‘breadth’. This paper examines two aspects of the Melbourne Model curriculum: its international nature and interdisciplinary character.

Good global governance : custom, the cosmopolitan and international law

International law has both less and more to offer to the cosmopolitan project than one might think. As currently understood, international law presages a global system of obligations comprising the convergent systems of universal customary international laws and near-universal conventional instruments (treaties), both of which legal forms are characterised by natural law tendencies. From the point of view of a pluralistic cosmopolitanism, this is a dead end. Thinking beyond these formulae requires that international law be treated as a species of general law rather than state-centred law.

Into the protecting arms: the League of Nations and the extension of international assistance to unprotected persons in the Middle East and Europe, 1926 - 1928

The refugee dilemma in Europe in the years between the two world wars had a number of aspects: humanitarian, political, and diplomatic. It raised questions of migration, questions of international law, and questions of the fate of hundreds of thousands of individuals. Refugees were visible from the very last days of the war and remained a matter of serious international concern even beyond the outbreak of war again in September 1939. The refugee dilemma in Europe was, firstly, a humanitarian crisis because the size of the refugee population was without precedent. It was also a political problem because national governments had to contend with questions about the refugees' legal status and their legitimacy under national and international law, as well as balance humanitarian concerns with national political interests. The humanitarian and political aspects together created a crisis for the international community newly united in the League of Nations. One of its first great acts-to take these refugees into its protective care-was not even prescribed for it in its Covenant. But the refugee crisis facing Europe was so great that member states were united in the belief that the League had been established precisely to undertake a task of this kind.

Global and regional dispersion of publishing in the field of international marketing

This paper empirically examines the research productivity of academic institutions in the leading international marketing journals, leading generalist marketing journals, and leading international business journals between the years 1999 and 2003 from a regional and country-specific perspective. The research found that across the three groups of journals, the majority of works were authored by academics at institutions located in North America, although North Americans contribute significantly less in the international marketing and international business journals than leading generalist marketing journals. The findings suggest that there is a broadening of non-U.S. influence within the international marketing and international business journals, which should lead to a broadening of international marketing theory.

The money laundering risk posed by low-risk financial products in South Africa : findings and guidelines

Purpose – The purpose of this paper is to investigate the level and nature of criminal abuse of financial products that are classified as posing a low anti-money laundering/combating of financing of terrorists (AML/CFT) risk in South Africa to determine the effectiveness of the simplified due diligence measures that apply to these products.

Design/methodology/approach – The paper presents empirical research on the views of bank officials and law enforcement officials regarding the criminal abuse of South African financial products that are subject to simplified customer due diligence controls.

Findings – South Africa's AML/CFT laws allow certain deposit-taking institutions and money remitters to implement simplified customer due diligence measures in relation to specific low-risk products that are mainly designed to allow previously unbanked persons to access financial services. The paper finds that the products have been abused by criminals but that the incidence of such abuse and the amounts involved are low. The paper investigates possible weaknesses in the current system that allow limited criminal abuse to occur. It concludes with a number of guidelines that emerge from the study and are of value to regulators that wish to implement a similar system.

Originality/value – The South African AML/CFT scheme in relation to low-risk products is of interest to many international regulators that are grappling with the interplay between effective AML/CFT controls and the impact of strict controls on the ability of socially and economically excluded persons to access appropriate financial services. This paper provides evidence that appropriately designed controls can facilitate financial inclusion while limiting the risk of criminal abuse.

Discourses of antagonism and desire : marketing for international students in neighbourhood schools

This paper explores the consequences of these discourses for the ways that international students are identified and positioned within school communities. My argument is developed in four sections. The first describes my ongoing exploration into the impact of international student programmes in Australia. The second exemplifies my argument: exploring the day-to-day experiences of vice principals in two Victorian government state secondary schools as they market their schools, and examining the systemic and ontological discourses played out within those conversations. The third interrogates discourses of identity and difference, neo-liberalism and nave cosmopolitanism which I find shape teacher conversations about international student programmes. In the final section, I argue that the impact of the discourse formations implicit in teacher talk about international student programmes has been the objectification of international students and their ambivalent inclusion within the school community.