Melbourne Law School - Research Publications

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    How to Talk to a Populist About Climate Change
    Dibley, A (Graham Holding Company, 2019)
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    Murray-Darling report shows public authorities must take climate change risk seriously
    Dibley, A (The Conversation AU, 2019-02-04)
    The tragic recent events on the Darling River, and the political and policy furore around them, have again highlighted the severe financial and environmental consequences of mismanaging climate risks. The Murray-Darling Royal Commission demonstrates how closely boards of public sector corporate bodies can be scrutinised for their management of these risks. Public authorities must follow private companies and factor climate risk into their board decision-making. Royal Commissioner Brett Walker has delivered a damning indictment of the Murray Darling Basin Authority’s management of climate-related risks. His report argues that the authority’s senior management and board were “negligent” and fell short of acting with “reasonable care, skill and diligence”. For its part, the authority “rejects the assertion” that it “acted improperly or unlawfully in any way”. The Royal Commission has also drawn attention to the potentially significant legal and reputational consequences for directors and organisations whose climate risk management is deemed to have fallen short of a rising bar.
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    Film Review: Four Perspectives on Hanung Bramantyo’s Kartini
    Pausacker, H ; Afrianty, D ; Yulindrasari, H ; Cote, J (Indonesian Resources and Information Program (IRIP), 2017-07)
    Following the Melbourne screening of Hanung Bramantyo’s new film Kartini in May 2017, the University of Melbourne’s Indonesia Forum organised a symposium on the theme ‘The film Kartini and Kartini as a source of historical and contemporary inspiration in Indonesia’. Four speakers were invited to present their responses based on their particular areas of research. Here they briefly re-present their takes on director Hanung’s latest cinematic interpretation of Indonesia’s iconic female national hero.
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    Meta-regulation: legal accountability for corporate social responsibility
    Parker, C (Routledge, 2017-01-01)
    The chapter argues that legal accountability for corporate social responsibility (CSR) must be aimed at making business enterprises put themselves through a CSR process aimed at CSR outcomes. It sets out what meta-regulating law must do and be in order to hold companies accountable for their responsibility. The chapter briefly explains how this notion of meta-regulating law relates to the plurality of legal, non-legal and quasi-legal ‘governance’ mechanisms at work in a globalising, post-regulatory’ world. It also sets out the critique that law which attempts to meta-regulate corporate responsibility will focus on internal governance processes in a way that allows business to avoid the conflict between self-interest and social values, and therefore to avoid accountability. Meta-regulatory law is a response to the recognition that law itself is regulated by non-legal regulation, and should therefore seek to adapt itself to plural forms of regulation.
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    Consumer Choice as a Pathway to Food Diversity: A Case Study of Açaí Berry Product Labelling
    Johnson, H ; Parker, C ; Maguire, R ; Isoni, A ; Troisi, M ; Pierri, M (Springer International Publishing, 2018)
    Forest lands and the rich social and ecological diversity contained within are being lost as demand for agriculture land expands globally. During this process traditional cultivation practices are marginalised resulting in a loss of dietary diversity. As Vira et al. observe 'Despite the huge potential of forest and tree foods to contribute to diets, knowledge on many forest foods, especially wild foods, is rapidly being lost because of social change and modernisation' . Forest loss coupled with the associ­ated declines in dietary diversity and traditional knowledge are a threat to the human right to food. This right requires diverse food production systems that are sustain­able, support livelihoods (especially those who are most marginalised) and meet nutritional needs. This chapter explores the exporting and labelling of a traditional food source the "acai berry" and examines whether the production and sale of acai has the potential to improve food diversity.
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    The Meaning of Home for Children and Young People After Parental Separation
    Campo, M ; Fehlberg, B ; Smyth, B ; Natalier, K ( 2018)
    A new study exploring the meaning of home for children and young people after separation aims to inform living arrangements that work for them.
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    The Responsibility to Protect: Inequities in International Aid Flows to Myanmar and the Democratic People's Republic of Korea and their Impact on Maternal and Child Health
    Grundy, J ; Bowen, K ; Annear, P ; Biggs, B-A (Taylor and Francis Group, 2012)
    The Union of Myanmar and the Democratic People's Republic of Korea (DPRK) are the most disadvantaged aid recipients in Asia. In this paper we describe and analyse the inequities in international aid flows to these countries from a health equity and “responsibility to protect” perspective. Review of public health and health systems literature and examination of international aid flows reveals that countries with a comparable gross national income receive total aid flows 11 to 12 times larger than do Myanmar (Burma) and DPR Korea (North Korea). Although the issue of aid effectiveness in these governance contexts remains a significant challenge, there is nonetheless a joint national and international responsibility to protect women and children through the careful targeting of health humanitarian aid and development programs.
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    Social Media and Court Communication
    BLACKHAM, A ; WIlliams, G (Sweet and Maxwell, 2015)
    Courts have traditionally relied on the delivery of judicial decisions as their sole means of direct communication with the general public. Over time this reliance is shifting, including through the willingness of courts to have their proceedings televised. Courts have also sought to have greater influence on how others communicate about and report their decisions, such as by employing public information officers to prepare press releases on court activities and liaise with the media. Most recently, judges and courts have taken their engagement with the public one step further by experimenting with the use of social media. Social media such as Twitter or Facebook provide a new means by which courts can enhance their openness and accessibility. However, such technologies also come with a fresh set of challenges. In particular, unlike television or media reporting, social media is designed to foster dialogue and ongoing interaction between participants. This needs to be carefully considered, as the use of social media has the potential to affect not only the processes by which courts communicate, but also the nature and substance of court proceedings. While this latter effect could be positive, injudicious use of social media could compromise a court’s ability to operate with independence and integrity. Drawing on a case study of social media use by courts in three common law jurisdictions (the United Kingdom, Australia and the United States of America), this paper considers the extent to which direct communication processes via social media may further the underlying objectives of court communication and enhance the courts’ constitutional role. It considers the opportunities and challenges posed by such media for courts, and how the inherent limits and constraints of social media may affect the nature of court communication. We assess the extent to which courts should make greater use of social media to enhance their existing communication processes and consider whether additional safeguards should be adopted to ensure the use of social media does not detrimentally impact upon the judicial system.
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    The P2P wars: How code beat law
    Giblin, R (Institute of Electrical and Electronics Engineers (IEEE), 2012-05-01)