Against settlement? Owen Fiss, ADR and Australian discrimination law

In his celebrated article, Against Settlement, Owen Fiss objected to settlement for, among other things, securing the peace while not necessarily delivering justice and denying the court the opportunity to interpret the law. Fiss sees settlement as a technique for streamlining court dockets, the civil equivalent of plea bargaining. This paper explores Fiss’s criticisms through the lens of resolving discrimination complaints in Australia. It argues that although it is valuable to offer complainants a system for resolving complaints quickly and informally, especially in a jurisdiction in which complainants are often from marginalised groups, it is also necessary to recognise that this system is limited in how effectively it can develop the law and, by extension, eradicate discrimination. In essence, the system’s operation epitomises Fiss’ opposition to settlement. Modifying the complaint resolution system would improve this situation. The paper concludes by proposing three reforms based on mechanisms used in comparable countries: introducing direct access to the court or tribunal; strengthening ADR by making it voluntary and incorporating a ‘rights-based’ approach; and encouraging the regular publication of specific information about settlements and significant cases.

Environmental and senescent related variations in Weddell seal body mass : implications for age-specific reproductive performance

Recent studies have found age-specific variations in reproductive performance amongst Weddell seals, Leptonychotes weddellii, and we hypothesized age-related variations in maternal body mass as a mechanism linking maternal age and the observed patterns of reproductive performance. We evaluated the effects of maternal traits such as age and reproductive experience and the effects of environmental variations on maternal body mass at parturition. Maternal body mass at parturition showed substantial age- and environmental-related variations. Maternal body mass increased with age through the young and middle ages, and evidence of senescent declines in body mass was found amongst the oldest ages. Additionally, body mass at parturition was strongly influenced by environmental variations during the pregnancy period, specifically sea-ice extent and the state of the El-Niño Southern Oscillation. Patterns of age-specific variations in body mass were consistent with age-specific patterns of offspring survival probability, which supported our hypothesis that changes in body mass link maternal age and reproductive performance in the Weddell seal. Further, environmental conditions during pregnancy may be an important component of Weddell seal reproductive performance.

Traditional knowledge, traditional cultural expressions and intellectual property law in the Asia-Pacific region

Contents

* The international debate about traditional knowledge and approaches in the Asia-Pacific region / Christoph Antons
* How are the different views of traditional knowledge linked by international law and global governance? / Christopher Arup
* Protection of traditional knowledge by geographical indications / Michael Blakeney
* An analysis of WIPO's latest proposal and the Model Law 2002 of the Pacific Community for the Protection of Traditional Cultural Expressions / Silke von Lewinski
* The role of customary law and practice in the protection of traditional knowledge related to biological diversity / Brendan Tobin
* Can modern law safeguard archaic cultural expressions? : observations from a legal sociology perspective / Christoph Beat Graber
* Branding identity and copyrighting culture : orientations towards the customary in traditional knowledge discourse / Martin Chanock
* Being indigenous' in Indonesia and the Philippines / Gerard A. Persoon
* Indigenous heritage and the digital commons / Eric Kansa
* Traditional cultural expression and the internet world / Brian Fitzgerald and Susan Hedge
* Cultural property and "the public domain" : case studies from New Zealand and Australia / Susy Frankel and Megan Richardson
* The recognition of traditional knowledge under Australian biodiscovery regimes : why bother with intellectual property rights? / Natalie Stoianoff
* Protection of traditional knowledge in the SAARC region and India's efforts / S.K. Verma
* The protection of expressions of folklore in Sri Lanka / Indunil Abeyesekere
* Traditional medicine and intellectual property rights : a case study of the Indonesian jamu industry / Christoph Antons and Rosy Antons-Sutanto.

Narrating heritage's living stories : a comparative study of China's Suojia ecomuseum and Australia's Melbourne living museum of the West

The Ecomusée, as emerged in France in the 1970s, is a form of open-air museum that aims to maintain collections in their original environments with local communities serving as curators and managing their own heritage. This approach and philosophy implies and is dependent upon democratic principles in the conservation and interpretation processes. Since the 1990s, China has adopted the ecomusée concept for the conservation of selected ethnic villages to relieve tensions between poverty and heritage conservation. However, does this concept really work in China? To answer this question, the Suojia Ecomuseum, the first such initiative - has been selected as a case study and assessed using the mixed methodologies of on-site observation, documentation and semistructured interviews. This process has identified several issues and problems associated with this ecomuseum. It demonstrates that Suojia Ecomuseum has not achieved international benchmarks, neither philosophical nor practical expectations have been met. This conclusion challenges the internationally acknowledged notion that all ecomuseums develop and are operated using a bottom-up approach, that they were all community-based and democratic. These discrepancies lead to other questions about the differences between ecomuseums in China and elsewhere. In order to map and compare the differences between ecomuseums in China and in Western democracies, a detailed survey was undertaken using Melbourne’s Living Museum of the West, Australia. Applying the same methodologies as in China, a comparable examination was undertaken as to its background, objectives, management structures, programs and activities, and project outcomes as well as problems. The differences between Suojia Ecomuseum and Melbourne’s Living Museum are then explained and shown. They demonstrate quite diverse organisations with different objectives and management structures relating to different cultural and natural resources. However, the unexpected finding was that the futures of both ecomuseums relied on the financial support and passion of younger generations and hence were vulnerable.

Multilevel analysis of the Be Active Eat Well intervention : environmental and behavioural influences on reductions in child obesity risk

Background: The Be Active Eat Well (BAEW) community-based child obesity prevention intervention was successful in modestly reducing unhealthy weight gain in primary school children using a multi-strategy and multi-setting approach.

Objective: To (1) examine the relationship between changes in obesity-related individual, household and school factors and changes in standardised child body mass index (zBMI), and (2) determine if the BAEW intervention moderated these effects.

Methods: The longitudinal relationships between changes in individual, household and school variables and changes in zBMI were explored using multilevel modelling, with measurement time (baseline and follow-up) at level 1, individual (behaviours, n=1812) at level 2 and households (n=1318) and schools (n=18) as higher levels (environments). The effect of the intervention was tested while controlling for child age, gender and maternal education level.

Results: This study confirmed that the BAEW intervention lowered child zBMI compared with the comparison group (−0.085 units, P=0.03). The variation between household environments was found to be a large contributor to the percentage of unexplained change in child zBMI (59%), compared with contributions from the individual (23%) and school levels (1%). Across both groups, screen time (P=0.03), sweet drink consumption (P=0.03) and lack of household rules for television (TV) viewing (P=0.05) were associated with increased zBMI, whereas there was a non-significant association with the frequency the TV was on during evening meals (P=0.07). The moderating effect of the intervention was only evident for the relationship between the frequency of TV on during meals and zBMI, however, this effect was modest (P=0.04).

Conclusions: The development of childhood obesity involves multi-factorial and multi-level influences, some of which are amenable to change. Obesity prevention strategies should not only target individual behaviours but also the household environment and family practices. Although zBMI changes were modest, these findings are encouraging as small reductions can have population level impacts on childhood obesity levels.

Enhanced cytotoxic function of natural killer and natural killer T-like cells associated with decreased CD94 (Kp43) in the chronic obstructive pulmonary disease airway

Background and objective: Natural killer (NK) and natural killer T (NKT)-like cells represent a small but important proportion of effector lymphocytes that we have previously shown to be major sources of pro-inflammatory cytokines and granzymes. We hypothesized that these cells would be increased in the airway in chronic obstructive pulmonary disease (COPD), accompanied by reduced expression of the inhibitory receptor CD94 (Kp43) and increased expression of cytotoxic mediators granzyme B and perforin.
Methods: We measured NK and NKT-like cells and their expression of CD94 in the blood of COPD patients (n = 71; 30 current and 41 ex-smokers), smokers (16) and healthy controls (25), and bronchoalveolar lavage fluid (BALF) from a cohort of subjects (19 controls, 12 smokers, 33 COPD). Activation was assessed by measuring CD69 in blood and the cytotoxic potential of NK cells by measuring granzymes A and B, and using a cytotoxicity assay in blood and BALF.
Results: In blood in COPD, there were no significant changes in the proportion of NK or NKT-like cells or expression of granzyme A or NK cytotoxic potential versus controls. There was, however, increased expression of granzyme B and decreased expression of CD94 by both cell types versus controls. The proportion of NK and NKT-like cells were increased in BALF in COPD, associated with increased NK cytotoxicity, increased expression of granzyme B and decreased expression of the inhibitory receptor CD94 by both cell types.
Conclusions: Treatment strategies that target NK and NKT-like cells, their cytotoxicity and production of inflammatory mediators in the airway may improve COPD morbidity.

Properties, processing and performance of rare and natural fibres : a review and interpretation of existing research results

A substantial up-to-date reference manual has been prepared which documents important issues for the supply chain of rare natural animal fibres. New developments in textiles have been included. Cashmere, mohair and camelid fibres have special properties of softness, smoothness and lustre, when compared with sheep wool. They also have other attributes which affect market prices and consumer perceptions, such as being rare and exotic luxuries, and are associated with expensive, comfortable and exclusive garments. These fibres add to the range of wool processing, and add value to wool textiles. Generally, knowledge about these animal fibres is limited, and research effort small compared with research into wool and other natural and man-made fibres. Compared with wool, rare natural animal fibres are more difficult and costly to process. Knowledge about processing these fibres is kept guarded as industrial knowledge. There are problems with clearly identifying rare natural animal fibres when goods are traded or fibres are blended, and fraud is a major concern for textile manufacturers and industry groups. Prickle discomfort in mohair and alpaca next-to-skin wear is a major concern for consumers and textile manufacturers. Natural colours, whiteness and yellowness of rare natural animal fibres are important fibre attributes for dyers and consumers, and the current products have both positive and negative colour attributes for processors. Past investments by RIRDC have made substantial gains in knowledge about fundamental and applied areas of knowledge on the properties, testing and processing performance of rare natural animal fibres.

Addressing aquaculture-fisheries interactions through the implementation of the ecosystem approach to aquaculture (EAA

This review addresses how the ecosystem approach to aquaculture (EAA) can optimize aquaculture-fisheries interactions considering different spatial scales from farm, aquaculture zone and watershed through to the global market. Aquaculture and fisheries are closely related subsectors with frequent interactions, largely due to the sharing of common ecosystems and natural resources. Interactions are also born from the flow of biomass from fisheries to aquaculture through fish-based feeds (e.g. fishmeal, fish oil and trashfish), through the collection of wild seed and brookstock, and genetic resources and biomass transfer from aquaculture to fisheries through culture-based fisheries (CBF) and escapees. Negative effects include modification of habitats affecting fisheries resources and activities (e.g. mangrove clearing for shrimp ponds, seabed disturbances through anchoring of aquaculture cages or pens, damage to seagrasses, alteration to reproductive habitats, biodiversity loss). Eutrophication of waterbodies due to excess nutrient release leading to anoxia and fish mortality can also impact negatively on biodiversity and wild fish stocks. Release of diseases and chemicals also imposes some threats on fisheries. Yet there could be beneficial impacts; for example, aquaculture is increasingly contributing to capture fisheries through CBF and could contribute to restore overfished stocks. Aquaculture can offer alternative livelihoods to fisherfolk, providing increased opportunity to them and also to their families, and especially to women. Aquaculture-increased production and marketing can also enhance and indirectly improve processing and market access to similar fishery products. The ecosystem approach to aquaculture (EAA) is a strategy for the management of the sector that emphasizes intersectoral complementarities by taking into account the interactions between all the activities within ecologically meaningful boundaries and acknowledging the multiple services provided by ecosystems. The main objective of this review is to understand the status of aquaculture-fisheries interactions associated with the biological, technological, social, economic, environmental, policy, legal and other aspects of aquaculture development and to analyze how these interactions are or could be addressed with an EAA. Therefore, the review involves aspects of scoping, identification of issues, prioritizing, devising management tools and plans for minimizing negative effects and optimizing positive ones within the context of social-ecological resilience, at different relevant geographical scales. Many of the management measures suggested in this review must involve not only EAA but also an ecosystem approach to fisheries (EAF), especially to deal with issues such as fishery of wild seed and the management of fisheries to produce fishmeal/oil for pelleted feeds or for direct feeding with wet fish. The implementation of EAA and EAF should help to overcome the sectoral and intergovernmental fragmentation of resource management efforts and assist in the development of institutional mechanisms and private-sector arrangements for effective coordination among various sectors active in ecosystems in which aquaculture and fisheries operate and between the various levels of government. Ecosystem-based management involves a transition from traditional sectoral planning and decision-making to the application of a more holistic approach to integrated natural resource management in an adaptive manner.