Melbourne Law School - Research Publications
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ItemMeta-regulation: legal accountability for corporate social responsibility(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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ItemNo Preview AvailableConsumer Choice as a Pathway to Food Diversity: A Case Study of Açaí Berry Product Labelling(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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ItemReimagining Copyright's Duration(ANU Press, 2017)This collection’s foundational chapter revisited the vexed historical rationales for the grant of copyright. That uneasy juxtaposition of instrumentalist and naturalist motivations is perhaps most evident during debates about the duration of those rights. If we granted copyrights purely on instrumentalist grounds, we would grant the minimum we determined necessary to incentivise a socially optimal amount of creation. If we were driven exclusively by naturalist considerations, those rights would be perpetual.
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ItemAsking the Right Questions in Copyright Cases: Lessons from Aereo and its International Brethren(Edward Elgar Publishing Ltd, 2018)This chapter addresses the implications of business models that fulfill demand for individual access to works in a manner which avoids liability for infringing the public performance and reproduction rights. The authors argue that the opportunistic engineering choices that obscure some courts’ perceptions of the impact on the on-demand access market risk removing evolving markets from the scope of copyright owners’ exclusive rights. Businesses that free-ride on copyrighted works also obtain an unfair competitive advantage over copyright licensees. The authors argue that liability should not turn on ancillary questions such as who did the act, whether unique copies were made, or the size of a transmission’s potential audience, because these bases for (or against) liability can be vulnerable to manipulation and exploitation. Instead asking the ‘right’ questions should lead to principled conclusions about the legal effects (if any) that should flow from distinctions between technological modes of exploitation.
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ItemIs It Copyright's Role to Fill Houses with Books?(Victoria University Press, 2017)The tale of the beggar, the cook and the judge appears now and then in folklore. A common version begins with a beggar savouring the aroma of a merchant's stew. When hauled before a court to account for his theft, he is forced to disgorge his tiny stock of coins. But the merchant doesn't get to keep them: the judge rules that the sound of the money is sufficient to compensate for the smell of the dish. This allegory is a helpful prompt in thinking about legal treatment of intangibles generally, but is particularly thought-provoking in the current socio-technological environment.
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ItemNo Preview AvailableCompliance: 14 Questions(ANU Press, 2017)
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ItemAn Australian perspective(Routledge, 2022-09-30)
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ItemAustralian Family Property Law Current Issues and Challenges(CAMBRIDGE UNIV PRESS, 2019)There are several reasons why it seems important to focus on Australian family property law now. In May 2017, the Australian Federal Attorney General announced a major review of the family law system, to be undertaken by the Australian Law Reform Commission. The inquiry's widely cast terms of final report is due by 31 March 2019.
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ItemDeveloping a Human Right to Democracy in International Law: Protection by the Rule of Law?(Bloomsbury Publishing, 2021-07)