Search

At times of crisis, existing institutional arrangements of societies are thrown into question. Crises that occur in multiple societies simultaneously present rare opportunities for comparative empirical analysis. Social theory can reveal the framing conditions of the responses to crises and the sources of variations between them. This paper compares the immediate responses of the Australian, UK and US governments to the global COVID-19 pandemic, particularly with regard to financing lockdowns, and points out significant differences between the three approaches. Drawing on Polanyi's method of institutional analysis, we compare the responses of these same national groups to an earlier crisis, the Japanese prisoner of war camps during the Second World War, to show similar patterns of integration recurring eight decades apart. This analysis shows that aspects of moral economies that are not usually apparent can become pronounced during crises, and points to the importance of enduring social imaginaries. [ABSTRACT FROM AUTHOR]

Conditions and warranties, which are generally referred to as policy terms in insurance contracts, are crucial in the determination of the rights and obligations of the contracting parties. The article examines the enforcement of policy terms in insurance contracts at common law and the legislative measures that have been deployed in some common law countries, including Nigeria, the United Kingdom and Australia, to ensure fairness as well as to balance the inequality in the bargaining power of the contracting parties. In as much as the principle of freedom of contract will generally be honoured by the court, the paper argues that through legislative intervention in policy terms in these countries, the principle is being discountenanced with, in appropriate cases, in order to effectuate the just and reasonable expectation of the insured. It concludes by proffering suggestions to identified lacunae in the Nigerian Insurance law. [ABSTRACT FROM AUTHOR]

This paper aims to identify what aviation experts consider to be the key features of effective communication by examining in detail their commentary on a 17-minute segment of recorded radiotelephony discourse between a Russian pilot and a Korean air traffic controller. The segment was played to three practising pilots and three air traffic controllers. Their commentary on the qualities of communication displayed in the interaction was recorded and coded thematically, using a grounded ethnography approach. The analysis revealed that although the Russian pilot was viewed as having limited English proficiency, the strategies he used to make himself understood were evaluated positively as fulfilling the requirements of the professional role. By contrast, the Korean air traffic controller, although not evaluated as having limited proficiency, was criticized for his lack of professional knowledge. The discourse analysis and the feedback given by these expert informants highlight not only the nature of the miscommunication arising in unexpected situations, but also the multiple factors that may contribute to it. While language proficiency is clearly an issue, there are many other sources of miscommunication that emerge during the exchange. These findings are used to critique the narrow, language-focused oral proficiency construct as articulated in the holistic descriptors and the rating scale stipulated by the International Civil Aviation Organization (ICAO, 2010) as the basis for tests of aviation English worldwide. Instead the paper proposes an expanded construct of oral communication incorporating elements of professional knowledge and behaviour with a focus on interactional competence specific to this context. [ABSTRACT FROM AUTHOR]

The financial sustainability of publicly funded health care systems is a challenge to policymakers in many countries as health care absorbs an ever increasing share of both national wealth and government spending. New technology, aging populations and increasing public expectations of the health care system are often cited as reasons why health care systems need ever increasing funding as well as reasons why universal and comprehensive public systems are unsustainable. However, increases in health care spending are not usually linked to corresponding increases in need for care within populations. Attempts to promote financial sustainability of systems such as limiting the range of services is covered or the groups of population covered may compromise their political sustainability as some groups are left to seek private cover for some or all services. In this paper, an alternative view of financial sustainability is presented which identifies the failure of planning and management of health care to reflect needs for care in populations and to integrate planning and management functions for health care expenditure, health care services and the health care workforce. We present a Health Care Sustainability Framework based on disaggregating the health care expenditure into separate planning components. Unlike other approaches to planning health care expenditure, this framework explicitly incorporates population health needs as a determinant of health care requirements, and provides a diagnostic tool for understanding the sources of expenditure increase. [ABSTRACT FROM PUBLISHER]

This paper discusses the extent to which the common law recognized public interest considerations when confronted with utility insolvencies in the UK, Australia, and the US in the period 1825 to 1970. Jurisprudence in all three jurisdictions concerning insolvent utilities arose in the nineteenth century out of the difficulties arising from the financial distress of railway companies. It is argued that public interest considerations were mobilized to justify various degrees of restriction on the usual rights of creditors in all jurisdictions. While evidence was found of the use of public interest theory in all jurisdictions, there was little development of it in the UK and Australia compared with the US. This may have been because of the early introduction of statutory schemes of arrangement in both countries and because of the nationalization of the industries for the better part of the twentieth century. In the US, on the other hand, public interest theory in the context of insolvent railways and other utilities was much more developed. In particular, it provided part of the rationale for the judicial development of the equity receivership into a comprehensive corporate reorganization mechanism. [ABSTRACT FROM AUTHOR]

Unaccompanied asylum-seeking children and young people are a particularly vulnerable group. This paper examines the existing literature on this group of children and young people in and leaving out-of-home care in the UK and Australia, and compares and contrasts their experiences. Attention is drawn to legislation, policies and programmes which alternatively assist or hinder their successful transition to adulthood. [ABSTRACT FROM PUBLISHER]

This paper critically examines the law of forum non conveniens, in particular the use of the ‘clearly inappropriate forum’ test in Australia, compared with the ‘more appropriate forum’ test applied in jurisdictions such as the UK and the US. It traces the development of the law in the UK in relation to forum non conveniens, including the English acceptance of the doctrine, and how it has been applied in various cases. Some criticism of the ‘more appropriate forum’ test is noted, and it is not recommended that the courts adopt the ‘laundry list’ approach evident in some US decisions, where up to 25 different factors are considered in assessing a forum non conveniens application. It considers the Australian ‘clearly inappropriate forum’ test, and concludes that the ‘clearly inappropriate forum’ test should no longer be followed in that it is unnecessarily parochial and is not consistent with other goals of the rules of private international law including comity. Links between Australia and the subject matter may well be tenuous. Confusion attends the application of the test in Australia at present, the court has rejected the English approach but claims to apply some of the factors mentioned in the English approach in the Australian test, and there is an undesirable schism between statutory rules applicable in domestic cases and the approach when the common law doctrine of forum non conveniens is used. The law regarding forum non conveniens should be harmonious with choice of law rules, and interest analysis can assist in formulating the desired approach to forum non conveniens applications. [ABSTRACT FROM AUTHOR]

Arguing for the merits of an antipodean perspective that embraces the linked historical and current relations between Tasman, British and other worlds, this paper focuses on the majoritarian responses of those of English ancestry in Britain and within the British diaspora to wide ranging changes that potentially challenge their national supremacy in both contexts. After briefly assessing some of the approaches to exploring the identities of the 'English/British' separately in Australia and New Zealand, some suggestions are made about how majoritarian narratives are best reframed, conceptually and methodologically, both within the antipodes and the broader contexts within which they have always been placed. The adoption of an antipodean perspective is deemed necessary in order to understand how changes in majority status and shifts in national identity are mutually constituted within and across the above worlds. [ABSTRACT FROM AUTHOR]

This paper addresses the now entrenched historiography of the Australian Settlement and New Zealand variations thereof. Against the central premise of this historiography, that a particular regime of domestic insulation and external orientation to the British market constrained development and persisted unchanged until the neo-liberal restructuring of the 1980s, it is argued here that the political economy of the beginning of the 20th century was profoundly destabilized by the Depression. As a result, a new, Keynesian regime was established in New Zealand from the late 1930s and in Australia a few years latter. The entrenchment of this regime depended upon adoption by remade conservative parties by the end of the 1940s. [ABSTRACT FROM AUTHOR]