Settlement of Disputes Within the World Trade Organisation: A Guide to the Jurisprudence

The Urugauy Round of Multilateral Trade Negotiations led to the development of a revised set of procedures on dispute settlement. These procedures dealt with a number of significant problems that had arisen under GATT dispute settlement experience. In spite of these important reforms, there are numerous, complex and contentious questions of legal adjudication that any formal dispute settlement system must face. The article outlines the aims and organs of dispute settlement under the WTO. It addresses some of the key questions as to standing, interpetation, evidence and adjudicatory practices and processes. While ongoing moitoring and reform is necessary, an important thesis is that the inherent nature of legal adjudication forces uncertain determinations that can too easily give rise to unwarranted criticism of the system as a whole.

Equal opportunity : dealing with employment discrimination

Experiences with the process of lodging a discrimination complaint with the Australian Human Rights Commission - issues surrounding confidentiality clauses in dispute settlement agreements.

Intellectual property, creativity and innovation : IP models and the political economy of developing Asia

In advanced capitalist societies, intellectual property laws protecting such subject matter as copyright and patents are justified by a combination of theories, which include the provision of economic incentives to foster creativity and innovation and the prevention of unfair competition. IP academics and policy makers have differing views about the appropriate balance between these objectives and public interest considerations such as health, education and the protection of the environment. These different views entered the policy debate in Asian developing countries in connection with an unprecedented introduction and expansion of IP laws over the last 25 years. This paper will use case studies of law reform from Asia, in particular Southeast Asia, to show that the policy considerations of governments in reforming their laws were often quite different from the standard rationale mentioned above. As much of the IP was, at least initially, held by foreigners and introduced to attract foreign investment, national development considerations were joined with the more commonly quoted objectives to promote the rights, creativity and innovation of individuals. Such national development objectives at times coincided and at other times collided with official explanations and received wisdom about the effects of stronger IP rights.

Especially in the early postcolonial period, copyright laws and other IP laws were frequently restricted or simply not implemented, if they conflicted with development policies in areas such as education or public health. Such policies were slowly changing in the wake of WTO-TRIPS and other international agreements. Nevertheless, the implementation and enforcement of the IP laws has been uneven. Specialised institutions such as courts and IP administering agencies compete with other branches of government and administration for limited funding and a rich repertoire of informal dispute settlement procedures has kept the number of court cases relatively low. In some countries, censorship laws have influenced freedom of expression and led to quite idiosyncratic interpretations of intellectual property laws. Governments often also retain a role in the assessment of licensing and technology transfer contracts. And while there are many programs to foster individual creativity, in most cases R & D activities are still largely taking place in government institutions and this has influenced the thinking about intellectual property rights and creativity in the context of employment.

The paper uses a few case studies to examine the implementation of IP laws in selected Asian developing countries to point to the quite different institutional setting for IP law reform in comparison to European or American models. It reaches some tentative conclusions as to the likely effects on creativity and innovation under these different circumstances.

In defence of settlement: resolving discrimination complaints by agreement

Alternative dispute resolution (ADR) has become an entrenched feature of Australia’s anti-discrimination law, so much so that the vast majority of discrimination complaints are settled. There are many reasons to be against settlement but with reference to a study of the outcomes negotiated in discrimination complaints settled in Queensland, this article shows that there are valid reasons to be in favour of settlement, particularly when it results in systemic remedies which would not be obtained otherwise. The article concludes by presenting modifications to the existing complaint resolution system which would retain ADR while ensuring that the wider, systemic aspects of a discrimination claim are also addressed by introducing an institution with the power to enforce the law.

Public participation in an environmental dispute: implications for science education

The paper, which reports the findings of a case study of an environmental dispute, focuses on the role of the key players and the way in which they interacted with the underlying science. A model is proposed that lays out some of the dimensions of the complexity of public involvement, of the understandings of the science pertinent to such socio-scientific issues, and of the way knowledge of science is represented and disseminated in such issues. The analysis focuses on the value of local knowledge in framing and engaging with the issue, on the distinction between generative and evaluative engagement, and on the type of knowledge that proved central for engagement. The implications for science education and notions of scientific literacy are discussed.

Reappraising the waterfront dispute of 1998

Literature about the waterfront dispute is analysed in terms of realism," radicalism," critical analysis," and cultural, reflexive or discursive analysis." These four headings are ,used to investigate various possible backgrounds to the dispute and to consider contending interpretations of the course of the dispute. None of the literature has anything to say, however, about the use of web pages and email during the dispute. Interviews with four web masters reveal two insights: one, it is pertinent to distinguish between the use of computers to disseminate information and their use to promote union campaigns and organisation; and two, it is productive to analyse political actors in terms of how they deploy available discourses.

McCoy and Clarke : their dispute over the age of Australia's black coal

From 1847 until his death in 1899, Professor Frederick McCoy, palaeontologist in Melbourne, maintained a war of words in the scientific literature with Rev. William Clarke, geologist in Sydney, concerning the age of Australia’s black coal deposits. McCoy was convinced that the coals were all of Mesozoic age and Clarke, during the period from 1847 to his death in 1878, maintained equally vehemently that they were Palaeozoic. In fact, Clarke was correct in placing the New South Wales coals in the Palaeozoic, and McCoy’s placing of the Victorian coals in the Mesozoic was also correct. The two men were both particularly stubborn and neither would admit that they might have been arguing about coals of differing ages. Both stood unbendingly by their Northern Hemisphere, European backgrounds, and neither would change their views in the face of new evidence from the Colonies.

Closer settlement in the Western District of Victoria: a case study in Australian land use policy, 1898-1914

The promotion of closer settlement in the Australian state of Victoria between 1898 and 1914 was viewed as a panacea to many of the problems that beset the state. The region known as the Western District of Victoria was seen as particularly suitable for the application of land re-settlement policy. The study of this region highlights several important features of the closer settlement experiment in Victoria. First, it illustrates how the basic principles of closer settlement were used to further the interests of particular groups. Second, it highlights the flaws in foundations of the Closer Settlement Act which impacted on the settlers chances of success. And thirdly it points to the disastrous implications of policy implementation that paid little attention to the geographical and economic parameters governing the outcome of farming enterprises.

The 'Australian settlement' and Australian political thought

Arguments for reshaping political agendas invariably begin from an appraisal of past errors and achievements. Paul Kelly's notion of the 'Australian Settlement' attempts such a task. Kelly identifies a particular ideological and institutional tradition in Australian politics that dominated much of the twentieth century and that is now deemed to have broken down. This article accepts that the notion of a Settlement provides certain insights into the evolution of Australian political thought. Nonetheless, the paper takes issue with the specific content of Kelly's version of the 'Australian Settlement' and indicates how it may be reformulated. It argues that, to the extent that we can speak of a 'Settlement' in Australia, it was one reached on a wider range of key conflicts or cleavages than those to which Kelly refers.

Change in the diet of sooty owls (Tyto tenebricosa) since European settlement: from terrestrial to arboreal prey and increased overlap with powerful owls

The current diet of the sooty owl (Tyto tenebricosa) was determined by analysing freshly regurgitated pellets collected beneath their roosting sites in East Gippsland, Victoria. Comparisons were then made with: (i) prehistoric and historic diet from bone deposits found in cave roosts, and (ii) diet of a sympatric owl species, the powerful owl (Ninox strenua). Sooty owls consumed a large array of terrestrial mammal species before European settlement, but only three terrestrial species were detected in their current diet, a reduction of at least eight species since European settlement. To compensate, sooty owls have increased their consumption of arboreal prey from 55% to 81% of their diet. Arboreal species are also a major component of the powerful owl diet and this prey shift by sooty owls has increased dietary overlap between these two species. Predation by foxes (Vulpes vulpes) and other feral species is likely to have reduced the amount of terrestrial prey available to sooty owls since European settlement. Investigation of changes in the diet of sooty owls may offer a unique monitoring system for evaluating the ability of fox-control strategies to influence increases in numbers of critical-weight-range mammals.

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.