Information systems development contracts : An exploratory study of Australian legal pratitioners' and information systems professionals' perceptions

IS professionals are primarily concerned with the development of a project to meet the goals of a client. Unfortunately, IS professional do not always pay close attention to the contract or to its management and are often unaware of the legal implications of the contracts to which they are assenting. Legal advice can be sought during pre-contractual processes to help ensure that the contract meets the expectations of all the parties. If the project does not meet stakeholder’s expectations, thus causing a contract to come into dispute, lawyers may be called in to review the contract and to seek a settlement. This paper reports an exploratory study of the differences in perceptions of IS development contracts that exist between IS professionals and legal practitioners.

Global social justice at the WTO? The role of NGOs in constructing global social contracts

Over the past decade, international non-governmental organizations (NGOs) have been contesting the neo-liberal economic order in international politics by campaigning for normative conditions to bring about what Richard Falk calls 'humane governance'. However, the degree to which NGOs have contributed to the formation of global social contracts remains controversial. While NGO activists and various scholars advocate the establishment of such contracts, empirical testing of this normative argument is underdeveloped. Drawing upon this lack of empirical support, critics dismiss the global social contract concept and question the roles played by NGOs in international politics. This article addresses the controversy through a review, refinement and application of global social contract theory and an empirical study of two prominent international NGO campaigns directed at the World Trade Organization (WTO), an institution that represents a 'hard test case'. It explores the ways in which NGOs and their networks are challenging the neo-liberal basis of WTO agreements and contributing to the emergence of global social contracts. The article concludes that in some circumstances, NGOs have the capacity to inject social justice into international economic contracts and there is some basis for optimism regarding the formation of global social contracts involving NGOs, nation-states and international organizations.

Estimating mean exposures from censored data: exposure to benzene in the Australian petroleum industry

A retrospective assessment of exposure to benzene was carried out for a nested case control study of lympho-haematopoietic cancers, including leukaemia, in the Australian petroleum industry. Each job or task in the industry was assigned a Base Estimate (BE) of exposure derived from task-based personal exposure assessments carried out by the company occupational hygienists. The BEs corresponded to the estimated arithmetic mean exposure to benzene for each job or task and were used in a deterministic algorithm to estimate the exposure of subjects in the study. Nearly all of the data sets underlying the BEs were found to contain some values below the limit of detection (LOD) of the sampling and analytical methods and some were very heavily censored; up to 95% of the data were below the LOD in some data sets. It was necessary, therefore, to use a method of calculating the arithmetic mean exposures that took into account the censored data. Three different methods were employed in an attempt to select the most appropriate method for the particular data in the study. A common method is to replace the missing (censored) values with half the detection limit. This method has been recommended for data sets where much of the data are below the limit of detection or where the data are highly skewed; with a geometric standard deviation of 3 or more. Another method, involving replacing the censored data with the limit of detection divided by the square root of 2, has been recommended when relatively few data are below the detection limit or where data are not highly skewed. A third method that was examined is Cohen's method. This involves mathematical extrapolation of the left-hand tail of the distribution, based on the distribution of the uncensored data, and calculation of the maximum likelihood estimate of the arithmetic mean. When these three methods were applied to the data in this study it was found that the first two simple methods give similar results in most cases. Cohen's method on the other hand, gave results that were generally, but not always, higher than simpler methods and in some cases gave extremely high and even implausible estimates of the mean. It appears that if the data deviate substantially from a simple log-normal distribution, particularly if high outliers are present, then Cohen's method produces erratic and unreliable estimates. After examining these results, and both the distributions and proportions of censored data, it was decided that the half limit of detection method was most suitable in this particular study.

An agent-based framework for petroleum information services from distributed heterogeneous data resources

For making good decisions in the area of petroleum production, it is becoming a big problem how to timely gather sufficient and correct information, which may be stored in databases, data files, or on the World Wide Web. In this paper, Gaia methodology and Open Agent Architecture were employed to contribute a framework to solve above problem. The framework consists of three levels, namely, role mode, agent type, and agent instance. The model with five roles is analyzed. Four agent types are designed Six agent instances are developed for constructing the system of petroleum information services. The experimental results show that all agents in the system can work cooperatively to organize and retrieve relevant petroleum information. The successful implementation of the framework shows that agent-based technology can significantly facilitate the construction of complex systems in distributed heterogeneous data resource environment.

Competition and unitization in oil extraction : a tale of two tragedies

This paper compares two organizational modes for extracting oil from a common pool: unitization and competitive extraction. The analysis suggests that the general presumption that unitization is surplus enhancing relative to competitive extraction may not always be valid due to contractual incompleteness associated with unitization contracts. While competitive extraction suffers from the tragedy of the commons, unitization can be subject to the dual tragedy of the anticommons. This provides an explanation for the puzzle confronting the oil industry that firms are often reluctant to voluntarily enter unitization agreements.

"Minerals", "petroleum" and "operations" in the Mineral and Petroleum Resources Development Act 28 of 2002 : a geologist as devil's advocate for a change? "

This article examines the meaning of "minerals", petroleum, "operations" and activities in relation to such substances to determine the ambit of the application of the Minerals and Petroleum Resources Development Act 28 of 2002, the type of rights necessary for such operations and activities and the ambit of these rights. The examination of the meaning of these concepts takes place with reference to prior definitions in statutes and also from a natural science and geology perspective. An attempt is made to show that the legal definitions do no always correspond with the geological meanings and the meanings on the ground. It is questioned whether in recent legislation why more reliance is not placed on input from geologists in the field.