Public service versus private interest : a comparative analysis of the Australian and British debates

This paper will compare and evaluate the effectiveness of commercial media lobbying and advocacy against public service media in two countries, the United Kingdom and Australia. The paper will focus empirically on the commercial media coverage of public service media issues in these countries (relating to the BBC and ABC respectively) over the period since the election of the Conservative-led Coalition in Britain in June 2010, and the election of the Gillard government in Australia in August 2010. Reference will be made to preceding periods as relevant to an understanding of the current environment. In both countries the main commercial media rival to public service media is News Corp and its associated organisations – News Ltd and Sky News in Australia, and News International and BSkyB in the UK. The paper will examine with analysis of print and online news and commentary content how News Corp outlets have reported and commented on the activities and plans of public service media as the latter have developed and extended their presence on digital TV and online platforms. It will also consider the responses of the ABC and BBC to these interventions. It will consider, thirdly, the responses of Australian and British governments to these debates, and the policy outcomes. This section of the paper will seek to evaluate the trajectory of the policy-public-private dynamic in recent years, and to draw conclusions as to the future direction of policy. Particular attention will be devoted to recent key moments in this unfolding dialogue. In Britain, debates around the efforts of News Corp to take over 100% of BSkyB, both before and after the breaking of the phone-hacking scandal in July 2011; in Australia, the debate around the National Broadband Network and the competitive tender process for ABC World, that country’s public service transnational broadcaster; and other key moments where rivalry between News Corp companies and public service media became mainstream news stories provoking wider public debate. The paper will conclude with recommendations as to how public service media organisations might engage constructively with commercial organisations in the future, including News Corp, and taking into account emerging technological and financial challenges to traditional rationales for public service provision.

Recreational access to private land in England and Wales: public good; private interest

Since the Eighteenth Century the protection of public recreational access to private land has been maintained by the state through a mixture of legal rights of passage and the safeguarding of certain de facto access rights. While this situation has been modified in the last fifty years to facilitate some formalisation of access arrangements and landowner compensation in areas of high recreational pressure and low legal accessibility, recent policies indicate that a shift from public to private rights is underway. At the core of this paradigm shift are the new access payment schemes introduced as part of the restructuring of the European Common Agricultural Policy. Under these schemes landowners are now paid for 'supplying' recreational access, with the state, as the former upholder of citizen rights, now assuming the duplicitous position of further underwriting private property ownership through the effective commodification of access, while simultaneously proclaiming significant improvements in citizens' access rights.

Auditor independence : an analysis of the adequacy of selected provisions in CLERP 9

Worldwide corporate collapses in the past have highlighted various weaknesses in corporate governance, which included auditor independence. This thesis advocates the use of private interest theory as a framework to evaluate proposals for law reform related to the independence of external company auditors. This study argues that the current regulation of auditor independence falls short of the 'ideal independence' required by the general public. This is because the regulation was developed, in some instances, to serve the private interests of powerful lobby groups rather than the public interest. This research concludes that there is a case for reform of the existing requirements in the Corporations Act 2001 (Cth) in respect of auditor independence.

Regulatory theory insights into the past, present and future of general purpose water accounting standard setting

Purpose – Accounting and water industry experts are developing general-purpose water accounting (GPWA) to report information about water and rights to water. The system has the potential to affect water policies, pricing and management, and investment and other decisions that are affected by GPWA report users' understanding of water risks faced by an entity. It may also affect financial returns to accounting and auditing firms and firms in water industries. In this paper the authors aim to examine the roles of the accounting profession, water industries and other stakeholders in governing GPWA. Recognising that the fate of GPWA depends partly upon regulatory power and economics, they seek to apply regulatory theories that explain financial accounting standards development to speculate about the national and international future of GPWA.

Design/methodology/approach – Official documents, internal Water Accounting Standards Board documents and unstructured interviews underpin the authors' analysis.

Findings – The authors speculate about the benefits that might accrue to various stakeholder groups from capturing the GPWA standard-setting process. They also suggest that internationally, water industries may dominate early GPWA standards development in the public interest and that regulatory capture by accounting or water industry professionals will not necessarily conflict with public interest benefits.

Practical implications – Accounting for water can affect allocations of environmental, economic, social and other resources; also, accounting and water industry professional standing and revenues. In this paper the authors identify factors influencing GPWA standards and standard-setting institutional arrangements, and thereby these resource allocations. The paper generates an awareness of GPWA's emergence and practical implications.

Originality/value – This is an early study to investigate water accounting standard-setting regulatory influences and their impact.

Conflict and seduction in the public sphere

In a critical but sympathetic reading of Habermas’s work (1984, 1987a, 1987b, 2003), Luke Goode (2005) recently sought to rework his theory of deliberative democracy in an age of mediated and increasingly digital public spheres. Taking a different approach, Alan McKee (2005) challenged the culture- and class-bound strictures of Habermasian rationalism, instead pursuing a more radically pluralist account of postmodern public spheres. The editors of this special section of Media, Culture & Society invited us to discuss our differing approaches to the public sphere. Goode holds that the institutional bases of contemporary public spheres (political parties, educational institutions or public media) remain of critical importance, albeit in the context of a kaleidoscopic array of unofficial and informal micro-publics, both localized and de-territorialized. In contrast, McKee sustains a ‘hermeneutics of suspicion’ toward the official, hegemonic institutions of the public sphere since they tend to exclude and delegitimize discourses and practices that challenge their polite middle-class norms. McKee’s recent research has focused on sexual cultures, particularly among youth (McKee, 2011). Goode’s recent work has examined new social media spaces, particularly in relation to news and public debate (e.g. Goode, 2009; Goode et al., 2011). Consequently, our discussion turned to a domain which links our interests: after Goode discussed some of his recent research on (in)civility on YouTube as a new media public sphere, McKee challenged him to consider the case of pornographic websites modelled on social media sites.1 He identifies a greater degree of ‘civility’ in these pornographic sibling sites than on YouTube, requiring careful consideration of what constitutes a ‘public sphere’ in contemporary digital culture. Such sites represent an environment that shatters the opposition of public and private interest, affording public engagement on matters of the body, of intimacy, of gender politics, of pleasure and desire – said by many critics to be ruled out of court in Habermasian theory. Such environments also trouble traditional binaries between the cognitive and the affective, and between the performative and the deliberative. In what follows we explore the differences between our approaches in the form of a dialogue. As is often the case, our approaches seemed less at odds after engaging in conversation than may have initially appeared. But important differences of emphasis remain.

Functionalism, co-operation, good faith, and the making of the "daily-preventive justice" in contract law theory and practice. A contribution to a rational understanding of good faith and to its future reseasonable developments. Evaluations from

The thoughts and observations contained in this paper were first presented in a preliminary form at the Staff Seminar that I gave at the University of Cape Town (UCT) - Department of Private Law, on Tuesday May 8 2012. The organizers generously offered me a free choice of subject. Such an offer always poses a problem to imaginative people like myself. I finally chose as my subject the role of good faith in contract law theory and practice and then entitled the Seminar “Good Faith & Contracts - Brothers in Arms”. The aim of the talk was to briefly describe what I see behind the doctrine of good faith (and, more broadly, behind the general course of the parties’ behavior before and after the conclusion of an agreement), to then explain the need of its protection and future reasonable developments by challenging the limitations of both traditional and current legal approaches to contract law theory and practice. By adopting a comparative modus investigandi, it emerged that especially in the area of contract law a new law-finding process is emerging in the European continent and it is leading to re-conceive the meta-national legislative interventions by challenging the limits of Hobbes’s Leviathan. As asserted, we ought to not take this process for granted because although there are many forms of social organization, contract is the most pervasive and the law of contract still is the most important vehicle to support and supplement private arrangements. However, the point of departure for theorizing about private law is based on experience. Consequently, despite the growing emphasis on the convergence of national legal systems in Europe, conducting research on private law theory and practice requires that imagination and creativity be matched with prudence. Proficiency has to be aligned with what we have learned from history.

Procedimento de manifestação de interesse: interesse de quem?

O Procedimento de Manifestação de Interesse (“PMI”) vem sendo utilizado por diferentes entes federativos brasileiros, principalmente nos últimos dois anos, quando o instituto foi regulamentado em muitos Estados. Seu objetivo é viabilizar a modelagem de projetos de infraestrutura sem onerar os cofres públicos e sem requerer expertise técnica pública. Insere-se no contexto de incentivo às possíveis sinergias oriundas das parcerias entre os setores público e privado. Entretanto, é importante considerar como principal obstáculo para a utilização do PMI a possibilidade de discrepância entre o interesse público e o privado. A análise econômica do direito oferece ferramentas capazes de contribuir com a averiguação dessa possível discrepância, tal como a teoria da agência. As premissas teóricas da agência podem ser aplicada à autorização conferida pelo poder público ao particular. No que tange ao conteúdo, o interesse visado pelo mercado com a elaboração de estudos de viabilidade pode destoar da persecução pelo interesse público, norte da Administração Pública. Em nível procedimental, é possível que ocorra a captura do interesse público na realização de um procedimento licitatório – capaz de selecionar o parceiro privado mais apto a cumprir com o objeto contratual – pelo particular autorizado a elaborar os estudos de viabilidade. Para tanto, foi realizado levantamento empírico acerca dos projetos de infraestrutura modelados via PMI, em que já ocorreu a licitação para contratos de PPPs, a fim de confirmar a hipótese de captura.

O setor sucroenergético no Brasil: Estado, hegemonia e relações internacionais - o caso da UNICA no agribusiness internacional

Pós-graduação em Ciências Sociais - FFC

Captured legislators and their twenty billion dollar annual superannuation cost legacy

By December 2010 total superannuation assets had reached $1.3 trillion, covering 94% of all Australians. This substantial growth was not a natural evolution. Rather it can be directly traced to three decades of bipartisan reform strategies based on a claimed public interest ideology. This article investigates the concerns raised by Superannuation Select Committees, consumer and union organisations, independent researchers and actuarial experts that, in contrast to the public interest rhetoric, the regulatory reforms have primarily achieved major private interest gains for powerful lobbyists. The findings of this analysis indicate that the democratic power of Australian governments to set economic policy agendas has been progressively eclipsed by the power of the financial services industry's producer groups. Rather than producing a best practice governance structure, fund members remain trapped in a post-reform cost paradox: no right of exit regardless of the deepening cost burden imposed. In an industry set to control a projected nominal figure of $6.7 trillion in superannuation assets by 2035, these findings suggest that the real change necessary to improve the deepening cost burden faced by fund members within a life-long, mandatory superannuation investment is now beyond any government's reach.

Public Economics and the Assessment of Tourism Developments and Policies

Public economics covers both topics in welfare economic of social (as opposed to private) interest and aspects of public finance. This chapter considers the application of two methods of social economic evaluation of tourist developments, namely, social cost-benefit analysis and economic impact analysis. The role of social cost-benefit analysis in the assessment of tourism is illustrated by its application to the evaluation of inbound tourism. This is followed by a discussion of taxes on tourism and subsidies to promote it. The principle focus is on hotel room taxes. The analysis of taxes on tourism involves both public finance and welfare economics issues. The scope for and desirability of applying the user-pays principle to tourism is then examined.

Edistys ja yhteinen hyvä vapaudenajan ruotsalaisessa poliittisessa kielessä

This dissertation analyses the notions of progress and common good in Swedish political language during the Age of Liberty (1719 1772). The method used is conceptual analysis, but this study is also a contribution to the history of political ideas and political culture, aiming at a broader understanding of how the bounds of political community were conceptualised and represented in eighteenth-century Sweden. The research is based on the official documents of the regime, such as the fundamental laws and the solemn speeches made at the opening and closing of the Diet, on normative or alternative descriptions of society such as history works and economic literature, and on practical political writings by the Diet and its members. The rhetoric of common good and particular interest is thus examined both in its consensual and theoretical contexts and in practical politics. Central political issues addressed include the extent of economic liberties, the question of freedom to print, the meaning of privilege, the position of particular estates or social groups and the economic interests of particular areas or persons. This research shows that the modern Swedish word for progress (framsteg) was still only rarely used in the eighteenth century, while the notion of progress, growth and success existed in a variety of closely related terms and metaphorical expressions. The more traditional concept of common good (allmänna bästa) was used in several variants, some of which explicitly related to utility and interest. The combination of public utility and private interest in political discourse challenged traditional ideals of political morality, where virtue had been the fundament of common good. The progress of society was also presented as being linked to the progress of liberty, knowledge and wealth in a way that can be described as characteristic of the Age of Enlightenment but which also points at the appearance of early liberal thought.

El pensamiento católico medieval sobre los bosques, los animales y el subsuelo

Resumen: El autor plantea un recorrido por el pensamiento católico medieval sobre los bosques, los animales y el subsuelo. Da cuenta de cómo filósofos morales como San Antonino de Florencia, Francisco de Vitoria, Domingo de Soto y San Francisco de Asís, entre otros, contribuyeron grandemente al pensamiento económico. Luego, dedica un apartado al análisis sobre cómo la teoría del dominio y la propiedad privada se aplica a los bienes de la naturaleza. Además, el autor se refiere también a la cuestión relativa a la propiedad del subsuelo. Finalmente, destaca que en ninguno de los postulados de tales filósofos se contempla el daño a la naturaleza como tal, sino en relación al impacto sobre la persona humana y el bien común.

Das convenções processuais no processo civil

A presente tese tem por objetivo a análise das convenções processuais entabuladas entre as partes antes ou depois de instaurada a relação jurídica processual. O enfoque da pesquisa são os limites e a eficácia dessas convenções, em respeito à ordem pública processual. São analisados ordenamentos jurídicos estrangeiros e, posteriormente, o tratamento que a legislação brasileira confere ao tema. Outro ponto da pesquisa é a influência das ideologias publicista e privatista no processo civil. Por fim, são examinados o modelo de flexibilização procedimental por calendário e o tratamento dado pelo projeto de novo Código de Processo Civil.