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Laws, Volume 7, Issue 4 (December 2018)

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Open AccessArticle Seemingly Connected, Obviously Separate: The Parallel Realities of the UN Global Compact and the Multilateral Regimes in Water Governance
Received: 21 July 2018 / Revised: 21 October 2018 / Accepted: 29 October 2018 / Published: 5 November 2018
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Abstract
The UN Global Compact, being an institutional innovation in global governance, invites businesses to voluntarily commit to a selection of principles, rooted in multilateral regimes. Such commitment is expected to improve business practices and by that to close gaps in global governance. This
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The UN Global Compact, being an institutional innovation in global governance, invites businesses to voluntarily commit to a selection of principles, rooted in multilateral regimes. Such commitment is expected to improve business practices and by that to close gaps in global governance. This spawns an expectation that through UN Global Compact business and multilateral treaty regimes will engage in mutually fertilizing and potentially coherent interaction to overcome the shortfalls of global governance. The current paper looks into this alleged interaction in the field of water stewardship and access to water. It explores first, the conceptual interdependence of the UN Global Compact and multilateral regimes in the respective fields and second, the ways in which the business practices reported under the UN Global Compact contribute to the advancement of the rules and principles thereof. The paper finds that the traditional multilateral systems and the innovative governance platform share an identical conceptual narrative but exist as separate realities on operational level. From the latter perspective the UN Global Compact might risk deepening governance gaps rather than close them. Full article
(This article belongs to the Special Issue Business, Human Rights and Sustainable Development)
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Open AccessArticle Due Diligence Obligations and Transboundary Environmental Harm: Cybersecurity Applications
Received: 4 September 2018 / Revised: 19 October 2018 / Accepted: 29 October 2018 / Published: 31 October 2018
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Abstract
This paper analyzes the due diligence obligations with regard to transboundary harm in international water law and their application to cybersecurity by clarifying the definition of due diligence in light of the procedural duties in recent International Court of Justice (ICJ) cases. The
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This paper analyzes the due diligence obligations with regard to transboundary harm in international water law and their application to cybersecurity by clarifying the definition of due diligence in light of the procedural duties in recent International Court of Justice (ICJ) cases. The paper explores whether states have responsibilities to prevent transboundary harm caused by nonstate actors. The existing literature on due diligence obligations in international water law and cybersecurity was reviewed, along with ICJ cases relating to procedural duties (international co-operation, environmental impact assessments, and information sharing). The findings confirm that, although procedural duties may be less onerous in cyberspace than in the environment, such duties indeed exist, albeit to a lesser degree. The differences may be accounted for by the fact that customary law related to the environment is already well developed. This study clarifies the concept of due diligence by focusing on procedural duties and examining the definition of due diligence in cyber operations. Due diligence obligations are crucial for states seeking to prevent transboundary harm and are an evolving principle of international law. Full article
Open AccessReview The Secret Silent Spaces of Workplace Violence: Focus on Bullying (and Harassment)
Received: 21 August 2018 / Revised: 23 October 2018 / Accepted: 24 October 2018 / Published: 29 October 2018
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Abstract
Any form of workplace abuse, be it bullying, sexual or non-sexual harassment, or other forms of workplace violence, represents a significant problem for both workers and organisations. The reality that worker complaints of such abuse are often silenced, frequently for long periods of
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Any form of workplace abuse, be it bullying, sexual or non-sexual harassment, or other forms of workplace violence, represents a significant problem for both workers and organisations. The reality that worker complaints of such abuse are often silenced, frequently for long periods of time, has recently been spotlighted by the #MeToo movement. In this article we focus particularly on workplace bullying (some definitions include harassment). We explore how potential, and actual, complaints of such abuse may silenced—both before complaints are ever made, and also at different points along the complaint or dispute resolution process. We investigate how definitional and naming issues, worker ignorance and incapacity, workplace investigations, (alternative) dispute resolution and the legal pathways available to targets of workplace bullying and harassment may act to silence complaints. We also provide some practical suggestions for the targets of workplace abuse. Full article
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Open AccessComment A Counterfactual Impact Analysis of Fair Use Policy on Copyright Related Industries in Singapore: A Critical Review
Received: 28 July 2016 / Revised: 18 October 2016 / Accepted: 12 September 2018 / Published: 5 October 2018
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Abstract
In a 2014 article appearing in Laws, Ghafele and Gibert presented evidence on the economic impacts of Singapore’s change in its fair use policies showing a large effect on industries that manufacture goods useful for private copying of copyrighted works and no
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In a 2014 article appearing in Laws, Ghafele and Gibert presented evidence on the economic impacts of Singapore’s change in its fair use policies showing a large effect on industries that manufacture goods useful for private copying of copyrighted works and no effect on the copyright industries. As detailed in this Comment, Ghafele and Gibert’s empirical analysis fails to shed light on the consequences of modifications to fair use policies. Full article
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Open AccessArticle Who’s Talking About Us Without Us? A Survivor Research Interjection into an Academic Psychiatry Debate on Compulsory Community Treatment Orders in Ireland
Received: 7 August 2018 / Revised: 14 September 2018 / Accepted: 18 September 2018 / Published: 25 September 2018
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Abstract
This paper presents a user/survivor researcher perspective to the debate among psychiatrists on the suggested introduction of Community Treatment Orders in Ireland. Critical questions are raised about evidence and the construction of psychiatric knowledge. Important questions include: How is this evidence created? What
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This paper presents a user/survivor researcher perspective to the debate among psychiatrists on the suggested introduction of Community Treatment Orders in Ireland. Critical questions are raised about evidence and the construction of psychiatric knowledge. Important questions include: How is this evidence created? What and whose knowledge have not been considered? Some critical issues around coercion, ‘insight’, and attributions of ‘lack of capacity’ are briefly considered. Further legal considerations are then introduced based on the United Nations Convention on the Rights of Persons with Disability. The paper concludes with a human rights-based appeal to reject the introduction of coercive community treatment in Ireland. Full article
(This article belongs to the Special Issue Concerns, Contradictions and Reality of Mental Health Law)
Open AccessArticle Are Immigrant Women Visible in Australian Domestic Violence Reports that Potentially Influence Policy?
Received: 22 June 2018 / Revised: 10 September 2018 / Accepted: 14 September 2018 / Published: 21 September 2018
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Abstract
Through an intersectional lens, this article explores whether immigrant women are represented in a sample of Australian government documents aimed at providing information about family violence in Australia, and discusses implications for policy development. The authors find that while these documents pay lip
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Through an intersectional lens, this article explores whether immigrant women are represented in a sample of Australian government documents aimed at providing information about family violence in Australia, and discusses implications for policy development. The authors find that while these documents pay lip service to the special vulnerabilities of immigrant and refugee women; arguably, they do not engage with the complexities of the intersection of gender and other social categories. Given that the reports do not focus adequately on how race, ethnicity, culture and immigration status play a role in these women’s experiences of domestic violence, this may limit the effect of policies that address the culturally and linguistically diverse (CALD) victims’ needs and rights to protection. We argue that a more intersectional approach is necessary to address CALD women’s specific needs. Full article
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