Achieving better stewardship of major infrastructure assets through configuration of governance arrangements utilising Stewardship Theory

Major infrastructure assets are often governed by a mix of public and private organizations, each fulfilling a specific and separate role i.e. policy, ownership, operation or maintenance. This mix of entities is a legacy of Public Choice Theory influenced NPM reforms of the late 20th century. The privatization of the public sector has resulted in agency theory based ‘self-interest’ relationships and governance arrangements for major infrastructure assets which emphasize economic efficiency but which do not do not advance non-economic public values and the collective Public Interest. The community is now requiring that governments fulfill their stewardship role of also satisfying non-economic public values such as sustainability and intergenerational responsibility. In the 21st century governance arrangements which minimize individual self-interest alone and look to also pursue the interests of other stakeholders have emerged. Relational contracts, Public-Private Partnerships (PPP’s) and hybrid mixes of organizations from the state, market and network modes (Keast et al 2006) provide options for governance which better meet the interests of contractors, government and the community there is emerging a body of research which extends the consideration of the immediate governance configuration to the metagovernance environment constituted by hierarchy, regulation, industry standards, trust, culture and values. Stewardship theory has reemerged as a valuable aid in the understanding of the features of governance configurations which establish relationships between principal and agent which maximize the agent acting in the interests of the principal, even to the detriment of the agent. This body of literature suggests that an improved stewardship outcome from infrastructure governance configurations can be achieved by the application of the emerging options as to the immediate governance configuration, and the surrounding metagovernance environment. Stewardship theory provides a framework for the design of the relationships within that total governance environment, focusing on the achievement of a better, complete stewardship outcome. This paper explores the directions future research might take in seeking to improve the understanding of the design of the governance of major, critical infrastructure assets.

Towards a relational theory of copyright law

This research provides a systematic and theoretical analysis of the digital challenges to the established exclusive regime of the economic rights enjoyed by authors (and related rightholders) under the law of copyright. Accordingly, this research has developed a relational theory of authorship and a relational approach to copyright, contending that the regulatory emphasis of copyright law should focus on the facilitation of the dynamic relations between the culture, the creators, the future creators, the users and the public, rather than the allocation of resources in a static world. In this networked digital world, the creative works and contents have become increasingly vital for people to engage in creativity and cultural innovation, and for the evolution of the economy. Hence, it is argued that today copyright owners, as content holders, have certain obligations to make their works accessible and available to the public under fair conditions. This research sets forward a number of recommendations for the reform of the current copyright system.

Copyright enforcement in the networked society : guiding principles for protecting copyright

This paper argues that any future copyright policy should be proportional and flexible and be developed from a clear and evidence-based approach. An approach is required that carefully balances the incentives and rewards provided to economic rights holders against fundamental rights of privacy, self-expression, due process and the user rights embodied in copyright law to protect access, learning, critique, and reuse. This paper also suggests that while adequate enforcement measures are certainly part of a solution to a well functioning lawful, enforcement alone can never solve the root cause of unlawful file-sharing, since it utterly fails to address supply-side market barriers. Focus on enforcement measures alone continues to leave out a legitimate but un-served market demand, susceptible to unlawful alternatives. A competitive and consumer friendly digital content market and an appropriate legal framework to enable easy lawful access to digital content are essential preconditions for the creation of a culture of lawful, rather than unlawful, consumption.

Community uses of co-creative media. Digital storytelling and Co-creative Media : The role of community arts and media in propagating and coordinating population-wide creative practice

This report describes a dynamic ‘Co-creative Media System’ that is emerging in the social space bounded by the following institutional pillars: • major cultural institutions (including screen culture agencies, libraries, museums, galleries and public service broadcasters) • the Community Arts and Cultural Development sector (historically supported through various programs of the Australia Council for the Arts) • the community broadcasting sector • the Indigenous media sector, and • the higher education sector. It illustrates how this system activates the immense creative potential of the Australian population through the ongoing development and application of participatory storytelling methods and media.

The legacy of David Unaipon

The historical case of David Unaipon is a good starting point for a wider discussion of Indigenous intellectual property law, practice and reform. His story is a microcosm of larger battles over the cultural appropriation of Indigenous culture, iconography and science. David Unaipon could be seen as a beneficiary of intellectual property law. He is a creator of copyright works; an inventor of patented inventions; and an iconic figure, worthy of personality rights. His creative and scientific work has been an inspiration for others. David Unaipon could also be seen as being disenfranchised by intellectual property law. He lost ownership of his economic rights in respect of literary works; and his moral rights have not been respected under copyright law. His case also highlights the deficiencies of copyright law in respect of its failure to provide comprehensive recognition of communal authorship and ownership of copyright works. While he was a patent applicant, David Unaipon never seemed to have benefitted from the patent system. His experience raises questions about access to justice. The government and commercial use of the persona of David Unaipon raises complex questions about trade mark law, passing off and personality rights. The story of David Unaipon highlights the need for the systematic and holistic reformation of intellectual property law, so that it better serves Indigenous communities and peoples.

Crystal palaces: Copyright law and public architecture

This paper investigates copyright law and public architecture in the context of cultural institutions of Australia. Part 1 examines the case of the Sydney Opera House to illustrate the past position of architects in respect of copyright law. It goes onto consider the framework laid down by the Copyright Amendment (Moral Rights) Act 2000 (Cth) to resolve copyright disputes over moral rights and architecture. Part 2 considers the argument over the proposed renovations to the National Gallery of Australia between Dr Brian Kennedy and the original architect Colin Madigan. Part 3 finally deals with the allegations that Ashton Raggatt McDougall, the architects of the National Museum of Australia, plagiarised the designs of Daniel Libeskind for the Jewish Berlin Museum.

Daubism: Copyright law and artistic works

An artistic controversy over a group of landscape painters called the Daubists provided impetus for copyright law reform in Australia in the early 1990's. In the first exhibition of Daubism in 1991 driller Jet Armstrong painted a crop circle over a painting of the Olgas by Charles Bannon - an artist, print-maker, and the father of the State Premier at the time, John Bannon. He called the resulting work, Crop Circles on a Bannon Landscape. Armstrong also inserted an inverted crucifix over a painting of the Flinders Ranges by Bannon, and renamed the work The Crop Circle Conspiracy Landscape. In response, Bannon took legal action against Armstrong in the Federal Court of Australia on the grounds of false attribution and defamation. He won an interlocutory injunction against Armstrong and the gallery, but then reached a settlement with the Daubists. An anonymous buyer purchased the work for $650 on the condition that it was returned to the painter. In his fight against the Daubists, Bannon received help and support from the National Association for the Visual Arts (NAVA). This professional group used the controversy to campaign for the reform of copyright law - in particular, the need for a moral rights regime. The artistic controversy over the Daubists was a catalyst for the introduction of the Copyright Amendment (Moral Rights) Act 2000 (Cth) in Australia. It offers an illuminating case study of the operation of copyright law in the visual arts.

Heretic: Copyright law and dramatic works

The production of the play Heretic in 1996 prompted a debate over copyright and the dramatic arts in Australia. The playwright David Williamson argued that the role of the writer was supreme. Although he was willing to acknowledge the contributions of other collaborators, the playwright did not believe that these interpreters deserved copyright protection. The director Wayne Harrison advocated a more collaborative vision of the performing arts. He believed that the role of the director and the position of the producer deserved greater legal recognition. Furthermore he was also willing to countenance limited rights for performers. This article argues that recognition should be accorded to all of the main collaborators in the performing arts. It contends that economic rights and moral rights should not be just limited to the writer, the director, and the producer, but they should extend to the performers and the designers.

The Demidenko affair: Copyright law, plagiarism and ridicule

This article provides an account of one of Australia's great literary hoaxes - the Demidenko affair. In particular, it focuses upon the accusations that Helen Darville plagiarised a number of historical and literary texts in her novel, The Hand That Signed The Paper. This article considers how the dispute was interpreted in three different contexts - the literary community, the legal system, and the media. Part 1 examines how writers, publishers, and editors understood the controversy in terms of the aesthetics and ethics of plagiarism. Part 2 details how lawyers framed the discussion in light of economic rights and moral rights under copyright law. Part 3 deals with the media attention upon the personalities and politics of the scandal. The conclusion charts the competition between these various communities over who should resolve the dispute.

Shine: Copyright law and film

This article looks at the various experiences of the film-makers involved in Shine in relation to copyright policy and litigation. Part 1 considers the involvement of Jan Sardi in the campaign to get screenwriters included in the moral rights regime in the film industry. Part 2 recounts the efforts of Scott Hicks to push for directors to acquire royalties under the retransmission scheme in the Copyright Amendment (Digital Agenda) Act 2000 (Cth). Part 3 discusses the contractual dispute between independent producer Jane Scott and the distributor over the gross receipts to the film Shine. Part 4 explores the disputes over the use of Sergei Rachmaninov's music in the film Shine.

Talousmetafysiikan kritiikkiä

Jakke Holvas: A Critique of the Metaphysics of Economy The research problem of this dissertation is the commonly held opinion according to which everything has become a question of economy in the present day. Economy legitimates and justifies. In this study, the pattern of thinking and conceptualizing in which economy figures as the ultimate reason is called the metaphysics of economy. The defining characteristic of the metaphysics of economy is its failure to recognize non-economic rules, ethics, or ways of existence. The sources included in the study cover certain classics of philosophy (Plato, Aristotle, Friedrich Nietzsche) and sociology (Karl Marx, Max Weber, Marcel Mauss), as well as the more recent French social theory (Jean Baudrillard, Michel Foucault). The research methods used are textual analysis and evaluation of concepts by means of historical comparison. The background to the study is given by the views of historians and sociologists according to whom traditional forms have ceased to exist and the market economy become established as the western system of values. The study identifies points of transition from the traditional forms to economic values. In addition, the dissertation focuses on the modern non-economic forms. The study examines the economic and ethical meanings of gift in antiquity in Homer, Plato, and Aristotle. Following Marcel Mauss, the study analyzes the forms and principles of gift exchange. The study also applies Nietzsche’s philosophy to evaluate under what conditions giving a gift becomes an act of exercising power that puts its receiver into debt. The conclusion of the study is that the classics of philosophy and sociology can rightly be interpreted in terms of the metaphysics of economy, but they also offer grounds for criticizing this metaphysics, even alternatives. One such alternative is non-economic archaic ethic. The study delineates a duality between economy and non-economy as well as creating concepts which could be used in the future to critically analyze economy from a position external to the economic system of concepts.

Optimaalinen rangaistus talousrikoksesta : Tutkimus velallisen rikoksista

Optimal Punishment of Economic Crime: A Study on Bankruptcy Crime This thesis researches whether the punishment practise of bankruptcy crimes is optimal in light of Gary S. Becker’s theory of optimal punishment. According to Becker, a punishment is optimal if it eliminates the expected utility of the crime for the offender and - on the other hand - minimizes the cost of the crime to society. The decision process of the offender is observed through their expected utility of the crime. The expected utility is calculated based on the offender's probability of getting caught, the cost of getting caught and the profit from the crime. All objects including the punishment are measured in cash. The cost of crimes to the society is observed defining the disutility caused by the crime to the society. The disutility is calculated based on the cost of crime prevention, crime damages, punishment execution and the probability of getting caught. If the goal is to minimize the crime profits, the punishments of bankruptcy crimes are not optimal. If the debtors would decide whether or not to commit the crime solely based on economical consideration, the crime rate would be multiple times higher than the current rate is. The prospective offender relies heavily on non-economic aspects in their decision. Most probably social pressure and personal commitment to oblige the laws are major factors in the prospective criminal’s decision-making. The function developed by Becker measuring the cost to society was not useful in the measurement of the optimality of a punishment. The premise of the function that the costs of the society correlate to the costs for the offender from the punishment proves to be unrealistic in observation of the bankruptcy crimes. However, it was observed that majority of the cost of crime for the society are caused by the crime damages. This finding supports the preventive criminal politics.

A intervenção judicial no âmbito das políticas públicas orientadas à concretização dos direitos fundamentais

O presente estudo se propõe a desvelar o espaço legítimo de controle de políticas públicas destinadas à concretização de direitos fundamentais pelo Poder Judiciário. Para tanto, inicialmente é apresentada uma teoria das políticas públicas, que compreende a busca de um conceito para a categoria e a apresentação de suas características e elementos mais relevantes. O estudo não prescinde da análise da teoria dos direitos fundamentais, em especial das questões atinentes à eficácia dos direitos ditos prestacionais, e também da chamada análise institucional, um campo de estudos recentemente reavivado nos Estados Unidos. Na segunda parte do trabalho, de natureza marcadamente propositiva, as políticas públicas são divididas segundo a sua natureza, e em seguida sugeridos diferentes níveis de controle jurídico. Para as políticas ligadas ao mínimo existencial, sustenta-se o controle por meio dos princípios da proibição da proteção insuficiente e vedação do retrocesso. Para as demais políticas públicas, o controle é analisado sob o prisma dos princípios da isonomia, eficiência e transparência. Após o estudo de questões incidentais, o trabalho segue para as modalidades de controle de políticas públicas, distinguindo-se entre o controle forte, em que a discricionariedade dos órgãos políticos é reduzida a zero, e o controle fraco, onde o Poder Judiciário apenas comprime o espaço de liberdade decisória.

Ex-ante assessment of integrated aquaculture-agriculture adoption and impact in Southern Malawi

There are increasing requirements for impact assessment by development partners in order to increase the accountability and effectiveness of research and development projects. Impact assessment research has been dominated by conventional economic methods. This context challenges agricultural research organizations to develop and apply alternative impact assessment methods incorporating economic, social, and environmental impact components. In this study, we use the Tradeoff Analysis for Multi-Dimensional Impact Assessment (TOA-MD) model to evaluate the impact of integrated aquaculture-agriculture (IAA) adoption in Malawi. The study demonstrated that with a minimal data set, the TOA-MD model can be applied to predict and assess the adoption rates of new technologies and practices as well as their economic and non-economic impacts.

预应力结构抗滑桩设计计算方法及其在滑坡治理中的应用研究

Landslide is a kind of serious geological hazards and its damage is very great. In recent years, landslides become more and more frequent along with increase of scale of engineering constructions and cause greater loss. Consequently, how to protect landslides has become important research subject in the engineering field. This paper improves the method how to compute landslide thrust and solves the irrational problem in the design of piles because of the irrational landslide thrust according to the theory and technology of existed anti-slide piles and pre-stressed cable anti-slide piles. Modern pre-stressing technology has been introduced and load balancing method has been used to improve the stressing behavior of anti-slide piles. Anchor cables, anti-slide piles and modern pre-stressing technology have been used to prevention complicated landslide. It is an important base to select values for the landslide thrust. An improved method to calculate design thrust of anti-slide piles has been presented in this paper on the base of residual thrust method by comparing existing methods to select values of landslide thrust in the design of anti-slide piles. In the method, residual landslide thrust behind the anti-slide piles and residual skid resistance before the piles has been analyzed, equitable distribution of residual landslide thrust behind the piles has been realized, and the method to select value of design thrust becomes more reasonable. The pre-stressed cable anti-slide piles are developed from the common anti-slide piles and are common method to prevent landslide. Their principle is that internal force of anti-slide piles is adjusted and size of section is diminished by changing constraint conditions of anti-slide piles. For landslides with deep slip surface and large scale of slopes, limitation of the method appears. Such landslides are in need of long piles and anchor cables which are not only non-economic but also can generate larger deformation and leave potential danger after prevention. For solving the problem, a new kind of anti-slide piles, inner pre-stressing force anti-slide piles, is presented in this paper, and its principle is that an additional force, which is generated in the inner anti-slide piles by arranging pre-stressed reinforcement or tight wire in a certain form in interior of anti-slide piles and stretching the steel reinforcement or tight wire, may balance out the internal force induced by landslide thrust whole or partly (load balancing method). The method will change bending moment which anti-slide piles are not good at bearing into compressive stress which piles are good at bearing, improve stressing performance of anti-slide piles greatly, diminish size of section, and make anti-slide piles not fissured in the natural service or postpone appearance of the fissures, and improve viability of anti-slide piles. Pre-stressed cable anti-slide piles and inner pre-stressing force anti-slide piles go by the general name of pre-stressed structure anti-slide piles in the paper, and their design and calculation method is also analyzed. A new calculation method is provided in the paper for design of anti-slide piles. For pre-stressed structure anti-slide piles, a new computation mode is firstly presented in the paper on the foundation of cantilever piles. In the mode, constraint form of load-bearing section of the anti-slide piles should be confirmed according to reservoir conditions in order to figure out amount of pre-stress of the anchor cables, and internal force should be analyzed for the load-bearing section of pre-stressed structure anti-slide piles so as to confirm anchorage section of anti-slide piles. Pre-stressed cables of the pre-stressed cable anti-slide piles can be arranged as required. This paper analyzes the load-bearing section of single-row and double-row pre-stressed cable anti-slide piles and provides a calculation method for design of the pre-stressed cable anti-slide piles. Inner pre-stressing force anti-slide piles are a new kind of structural style. Their load-bearing section is divided into four computation modes according to whether pre-stressed cables are applied for exterior of the anti-slide piles, and whether single-row or double-row exterior pre-stressed cables are applied. The load balancing method is used to analyze the computation modes for providing a method to design the inner pre-stressing force anti-slide piles rationally. Pre-stressed cable anti-slide piles and inner pre-stressing force anti-slide piles are applied to research on Mahe landfall in Yalong Lenggu hydropower station by the improved method to select value of design thrust of anti-slide piles. A good effect is obtained in the analysis.