Melbourne Law School - Research Publications

Permanent URI for this collection

Search Results

Now showing 1 - 10 of 1057
  • Item
    No Preview Available
    Can money buy you (climate) happiness? Economic co-benefits and the implementation of effective carbon pricing policies in Mexico
    Dibley, A ; Garcia-Miron, R (Elsevier, 2020-12)
    It is difficult for governments to implement effective climate change mitigation policies because they often create short-term costs for concentrated industry groups who oppose them. As such, climate policy scholars have theorized that governments will be more willing and able to implement mitigation policies where they align with other economic policy objectives. The logic of this “economic co-benefits” argument is that co-benefits create short-term gains for governments to offset the immediate costs they face in introducing mitigation policies. Through a most-similar systems design comparative study of a carbon tax and an emissions trading scheme (ETS) in Mexico, this article interrogates the economic co-benefits theory of mitigation policy adoption. By comparing the motivations underpinning two carbon pricing policies in a single country, the article suggests that the presence of immediately accruing fiscal revenues created short-term incentives for the Mexican government to implement the carbon tax, whereas such short-term incentives were not present with respect to the ETS. However, in both cases concentrated affected industry groups were able to dilute the carbon prices to which they were subject. The implications of this study are that economic co-benefits may not be as useful in achieving effective mitigation policy outcomes, in the absence of measures which also independently change the interests of concentrated industry groups.
  • Item
    Thumbnail Image
    Decarbonization in state-owned power companies: Lessons from a comparative analysis
    Benoit, P ; Clark, A ; Schwarz, M ; Dibley, A (Elsevier, 2022-06-25)
    A rapid decarbonization of the electricity system is urgently required for the Paris Agreement objectives to stand a reasonable chance of being met. While state-owned power companies (SPCs) are the dominant firm type in the global electricity sector, representing nearly two thirds of global electric power generation capacity, most climate policy literature focuses on private sector companies when analyzing decarbonization interventions. SPCs’ distinct corporate governance structures, objectives, relationships with government, and sources of finance, however, can be markedly different from those of private companies. Here, we develop a framework for analyzing the extent to which common and divergent features of SPCs, and the markets in which they operate, affect their relationship to government interventions on decarbonization. We also consider the implications of these relationships for the effective implementation of sector-wide decarbonization strategies. We then apply this framework using a comparative case study analysis of six major SPCs, and highlight how differences in their agency, motivation, capacity, and market exposure may result in different potential responsiveness to government regulatory, policy and market interventions on decarbonization. We generalize these findings by developing four SPC archetypes and illustrate how they might respond differently to government interventions targeting decarbonization. Our analysis posits that SPCs can, under the guidance of governments pursuing ambitious climate policy, be more effective vehicles for decarbonization relative to private sector companies, particularly when they operate with a high degree of operational independence, are insulated from competitive pressures, and have the financial and technical capacity to invest in the decarbonization of their asset base. Similarly, market-wide policy interventions, such as carbon pricing mechanisms, could in practice be less effective interventions with respect to SPCs than their private counterparts when the SPC is ill-equipped to translate these incentives into decarbonization action because it is mandated to pursue supplementary objectives other than profit maximization alone. Ultimately, governments will need to step up their climate action to achieve carbon neutrality. SPCs can, and where they are major market players, must be key actors in driving decarbonization when the appropriate interventions are utilized and therefore deserve significantly more attention in the climate policy debate.
  • Item
    No Preview Available
    National COVID debts: climate change imperils countries' ability to repay
    Dibley, A ; Wetzer, T ; Hepburn, C (Nature Research, 2021-04-06)
    Analysis reveals three ways to boost green investment and achieve a resilient recovery from the coronavirus pandemic.
  • Item
    No Preview Available
    When does “Leviathan” innovate? A legal theory of clean technological change at government-owned electric utilities
    Dibley, A (Harvard Law School, 2023)
    The electricity system in the United States comprises thousands of government-owned power utilities. Globally, such government-owned companies remain the dominant corporate structure through which electricity is produced and transmitted. Given their prevalence, the willingness and speed of these firms to adopt new clean electricity generation and transmission technologies could have significant implications for reducing greenhouse gas emissions, and the economic and social consequences that follow. Despite the importance of these companies, there have been few studies about why some public power utilities adopt new technologies more readily than others. Economists who have written about innovation at government-owned companies have tended to focus narrowly on how the resources and competencies of those firms shape innovation outcomes. In this Article, I put forward a legal theory to explain innovation. I suggest that the interaction between the corporate governance and financial rules of the firm, and the interests of host governments play a central role in shaping their innovation outcomes. I test the theory through a comparative case study of two significant public power utilities— the Tennessee Valley Authority and the New York Power Authority. To understand periods of clean energy innovation (or lack thereof) throughout their history, I draw on 43 confidential interviews with senior executives, officials, and observers of the firms. I also rely on historical, legal, operational, and financial documents of both firms dating back to the 1930s, to evaluate their technological investment decision-making over time. The theory and evidence in this Article suggest that policymakers eager to achieve technological change at government-owned utilities should reform the “creative” laws that govern the managers’ risk exposure in adopting new technologies. Also, they should reform the “destruction” rules on debt and tariffs that can lock in incumbent technologies.
  • Item
    No Preview Available
    Climate risk assessments must engage with the law
    Wetzer, T ; Stuart-Smith, R ; Dibley, A (AAAS, 2024-01-11)
    Climate-related financial risk is the dominant frame through which many companies, investors, and regulators engage with climate change. We argue that developments in legal action mean that the basis for these assessments, which focus on physical and transition risks (1), is no longer accurate. Accounting for the legal system substantially alters the distribution of climate-related risk between firms, governments, and the public. Drawing on analysis of climate litigation, regulatory enforcement, and other legal action, we propose a framework that accounts for how legal action shifts or amplifies physical and transition risk exposures and creates additional climate risk exposures. We then preview five qualitative and quantitative approaches that can be applied to assess the implications of legal action for firms’ climate-related risk exposure.
  • Item
    No Preview Available
    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.
  • Item
    No Preview Available
    Death Penalty in Asia Special Issue: Introduction
    Lindsey, T ; Pausacker, H (Melbourne Law School / SSRN, 2023-11-08)
    This special issue of the Australian Journal of Asian Law (AJAL) investigates issues relevant to the death penalty in Asia: the continued common use of the death penalty in the region; the procedures used to implement it; the justifications offered in its support, as well as the critiques offered by the reformers who seek its abolition and the campaigns they lead to that end. The articles in this issue therefore explore the current state of laws and policies regulating capital punishment in Asian countries, variously describing their substance and history, examining selected judicial decisions of importance, or investigating recent legal and policy changes.
  • Item
    No Preview Available
    The 2023 report of the Lancet Countdown on health and climate change: the imperative for a health-centred response in a world facing irreversible harms.
    Romanello, M ; Napoli, CD ; Green, C ; Kennard, H ; Lampard, P ; Scamman, D ; Walawender, M ; Ali, Z ; Ameli, N ; Ayeb-Karlsson, S ; Beggs, PJ ; Belesova, K ; Berrang Ford, L ; Bowen, K ; Cai, W ; Callaghan, M ; Campbell-Lendrum, D ; Chambers, J ; Cross, TJ ; van Daalen, KR ; Dalin, C ; Dasandi, N ; Dasgupta, S ; Davies, M ; Dominguez-Salas, P ; Dubrow, R ; Ebi, KL ; Eckelman, M ; Ekins, P ; Freyberg, C ; Gasparyan, O ; Gordon-Strachan, G ; Graham, H ; Gunther, SH ; Hamilton, I ; Hang, Y ; Hänninen, R ; Hartinger, S ; He, K ; Heidecke, J ; Hess, JJ ; Hsu, S-C ; Jamart, L ; Jankin, S ; Jay, O ; Kelman, I ; Kiesewetter, G ; Kinney, P ; Kniveton, D ; Kouznetsov, R ; Larosa, F ; Lee, JKW ; Lemke, B ; Liu, Y ; Liu, Z ; Lott, M ; Lotto Batista, M ; Lowe, R ; Odhiambo Sewe, M ; Martinez-Urtaza, J ; Maslin, M ; McAllister, L ; McMichael, C ; Mi, Z ; Milner, J ; Minor, K ; Minx, JC ; Mohajeri, N ; Momen, NC ; Moradi-Lakeh, M ; Morrissey, K ; Munzert, S ; Murray, KA ; Neville, T ; Nilsson, M ; Obradovich, N ; O'Hare, MB ; Oliveira, C ; Oreszczyn, T ; Otto, M ; Owfi, F ; Pearman, O ; Pega, F ; Pershing, A ; Rabbaniha, M ; Rickman, J ; Robinson, EJZ ; Rocklöv, J ; Salas, RN ; Semenza, JC ; Sherman, JD ; Shumake-Guillemot, J ; Silbert, G ; Sofiev, M ; Springmann, M ; Stowell, JD ; Tabatabaei, M ; Taylor, J ; Thompson, R ; Tonne, C ; Treskova, M ; Trinanes, JA ; Wagner, F ; Warnecke, L ; Whitcombe, H ; Winning, M ; Wyns, A ; Yglesias-González, M ; Zhang, S ; Zhang, Y ; Zhu, Q ; Gong, P ; Montgomery, H ; Costello, A (Elsevier BV, 2023-12-16)
  • Item
    No Preview Available
    Sentencing offenders with self-induced mental disorders: towards a theory of meta-culpability.
    Walvisch, J (Informa UK Limited, 2023)
    Around Australia, the Verdins principles govern the sentencing of offenders with mental health problems. The first Verdins principle holds that mental health problems may reduce an offender's culpability, and thus the punishment that is considered just in the circumstances. But how should this principle be applied where the offender's mental health condition was triggered by drug use, or by a failure to take prescribed psychiatric medication? Should the offender be precluded from relying on the principle because of the self-induced nature of their condition, or should they continue to receive a sentencing reduction because their mental functioning was impaired at the time of the offence? This article analyses the way in which Australian courts have addressed this issue to date, highlighting key problems with the current approach. It uses Duff's account of crime and punishment to sketch out an alternative approach that focuses on the offender's 'meta-culpability': their culpability for the reduced level of culpability ordinarily associated with impaired mental functioning. It concludes by demonstrating how that approach would work in practice, by applying it to the facts of a recent Victorian criminal case. Keywords: communicative retributivism; culpability; drug-induced mental health problems; medication non-adherence; mental disorder; mental health; mental illness; punishment theory; sentencing; Verdins principles.
  • Item
    No Preview Available