The legal recognition of same-sex unions in Australia : a constitutional analysis

The Marriage Equality Amendment Bill 2010 (Cth) currently before federal Parliament amends the present legislative definition of marriage to include same-sex unions. This article provides a constitutional analysis of the scope of the marriage power, s 51(xxi) of the Australian Constitution , through examination of the Bill and other existing and proposed legislation. It argues that if the High Court considered "marriage" to be a constitutionalised legal term of art, it could accommodate post-federation development at common law and in statute to the institution of marriage. It also argues that the presumption in favour of constitutionality ought to be at its strongest with federal legislation determining complex and intractable moral issues. The article explores the constitutional vulnerability of current same-sex union legislation and possible future legislation providing for recognition of the functional equivalent of "marriage". In addition, the article considers the constitutional foundation of a national framework to provide official legal recognition of same-sex relationships.

The Iraqi Federation of Oil Unions : protests and public power in post-Saddam Iraq

Since the democratic elections held across Iraq in 2005 and 2010 much attention has understandably been paid to the new Iraqi government. Unfortunately, it has become increasingly clear that much of Iraq’s political elite are practising the type of governance referred to in the literature on other Arab states alternatively as ‘liberalised autocracy’ (Brumberg, 2002), ‘semi-authoritarianism’ (Ottaway, 2003) or ‘pluralised authoritarianism’ (Posusney & Angrist, 2005). That is to say, that the Iraqi government actually utilises (and controls) nominally democratic mechanisms such as elections, media freedoms, political opposition and civil society as part of their strategy to retain power. This is perhaps best demonstrated via the nine month political stalemate that followed the March 2010 elections and PM Maliki’s refusal to step down despite having narrowly lost the election. Not surprisingly, the Iraqi people have become increasingly disillusioned and critical of their political leaders – hence the mass protests that have swept across Iraq in the context of the popular Arab Revolutions of 2010-11.

However, these latest Iraqi protests are only the most recent and overt sign of the hidden geographies that are agitating towards democracy in this deeply troubled and increasingly authoritarian state. Since the invasion of 2003, a complex array of political, religious and ethno-sectarian factions have formed civil society movements; uncensored news has been consumed across the nation; ordinary citizens have taken to the streets to protest key government decisions; and various local councils have been formed, deliberating on key decisions facing their immediate communities (Davis, 2004, 2007). Given this context, this chapter focuses on the specific case of the Iraqi Federation of Oil Unions (IFOU), Iraq’s largest and most powerful independent workers union. The IFOU has repeatedly taken the Iraqi government to task over their poor pay and the dangerous nature of their work, as well as the government’s initial kowtowing to US plans to privatise the entire Iraqi oil sector. To do this, the IFOU have utilised a variety of very democratic mechanisms including peaceful strikes and protests, media campaigns and political lobbying. Such moves have met with mixed results in Baghdad – at times the central government has pandered to the requests of IFOU, but it has also gone as far as issuing arrest warrants for its senior members. The IFOU therefore serve as an interesting example of public power in Iraq and may well pose one of the greatest challenges to rising authoritarianism there.

Oil unions and democracy in post-Saddam Iraq

Since the invasion of 2003, a complex array of political, religious and ethno-sectarian factions have formed civil society movements; uncensored news has been consumed across the nation; ordinary citizens have taken to the streets to protest key government decisions; and various local councils have been formed, deliberating on key decisions facing their immediate communities. Given this context, this paper focuses on the specific case of the Iraqi Federation of Oil Unions (IFOU), Iraq’s largest and most powerful independent workers union. The IFOU has repeatedly taken the Iraqi government to task over their poor pay and the dangerous nature of their work, as well as the government’s initial kowtowing to US plans to privatise the entire Iraqi oil sector. To do this, the IFOU have utilised a variety of very democratic mechanisms including peaceful strikes and protests, media campaigns and political lobbying. Such moves have met with mixed results in Baghdad – at times the central government has pandered to the requests of IFOU, but it has also gone as far as issuing arrest warrants for its senior members. The IFOU therefore serve as an interesting example of public power in Iraq and may well pose one of the greatest challenges to rising authoritarianism there.

Unions and innovation : new insights from the cross-country evidence

We apply meta-regression analysis to the extant econometric studies and find that unions depress investment in innovation at the firm and industry level in all countries considered. However, this adverse effect has been declining over time and is moderated by country differences in industrial relations and regulations: The adverse effect appears to increase with labor market flexibility.

Does globalization weaken labor unions in developing countries?

For a developing economy with a given urban wage rate, globalization in capital markets strengthens labor unions. This result hinges on the fixed urban wage rate, which leads to a constant capital–labor ratio in the urban sector. Globalization via capital inflows not only enhances the employment effect of unionization but also reduces the rent-shifting related loss in production inefficiency to domestic capital, lending a support to labor unions for developing economies. This result is contrary to the common belief that labor unions tend to be weakened during the globalization process observed after 1980s in many developed economies.

Civil society after Saddam: oil unions and democracy in Iraq

Following the intervention in Iraq by coalition forces one decade ago, the Bush Administration underwent an enormous and unprecedented project to bring the ‘Western’ liberal model of democracy to Iraq. For the first few years the project to bring democracy to Iraq had its share of successes as the Iraqi people proved themselves capable of understanding and utilizing democratic mechanisms and institutions. This culminated in a series of nation-wide elections from 2005 onwards that brought a democratically elected government to power (Isakhan, 2012). However, one of the unfortunate consequences of the war and the US effort to bring democracy to Iraq was that many key ethno-religious political factions viewed it as an opportunity to pedal their own relatively narrow and very divisive political rhetoric (Davis, 2007). This meant that the Iraqi government was constituted not so much by a body who wanted to draw Iraq together behind a common ideology and to work towards a collective and egalitarian future, as it was by representatives who would fight on behalf of their ethno-religious constituencies. Not surprisingly, a great deal of academic literature has emerged which has analysed and criticised the formal political parties and institutions of the post-Saddam era (Dawisha, 2009). Indeed, the bulk of contemporary scholarship on Iraqi politics focuses on issues such as: the increasingly authoritarian tendencies of the Iraqi government; the obstinacy and ineptitude of many elements of Iraq’s political elite; the systemic corruption that is hollowing out the coffers of the state; the moribund bureaucracy that are struggling to deliver basic services and; of course, the deep-seated divisions within and between those that represent Iraq’s three main ethno-religious blocks: the Shia Arabs, the Sunni Arabs and the Kurds.

The European union’s foreign policy towards Iraq during 2001-2009

This study identified a number of significant findings which are, a lack of authority of the EU supranational institutions; an absence of clearly defined competencies and responsibilities of the various foreign policy actors and a lack of coordination between the actor representatives during the policy implementation stage.

Doing democracy in difficult times: oil unions and the Maliki Government

This chapter focuses on the specific case of the Iraqi Federation of Oil Unions (IFOU), Iraq’s largest and most powerful independent workers’ union. Leaving aside IFOU’s resistance of foreign occupation and its fight against privatisation, this chapter focuses on the tensions between IFOU and the Maliki government and examines the extent to which IFOU has served as a bulwark against the state’s rising authoritarianism. The chapter begins with a brief history of Iraqi trade unions under the Baathist regime and concludes by arguing that examples of civil society movements such as IFOU are perhaps Iraq’sonly real hope for genuine democratisation.

Trust in management: the role of employee voice arrangements and perceived managerial opposition to unions

This study examines the relationship between employee voice arrangements and employees’ trust in management using data from the 2007 Australian Worker Representation and Participation Survey of 1,022 employees. Drawing on social exchange theory and employee relations literature, we test hypotheses concerning the relationships between direct and union voice arrangements, perceived managerial opposition to unions and employees’ trust in management. Consistent with our predictions, after controlling for a range of personal, job and workplace characteristics, regression analyses indicated that direct voice arrangements were positively related to employees’ trust in management. Union voice arrangements and perceived managerial opposition to unions were negatively related to trust in management. The article concludes by highlighting the study’s implications for management practice and avenues for further research.