Scott V. Telstra: A Watershed in Australian Telecommunication Policy

2000 ◽  
Vol 96 (1) ◽  
pp. 69-81
Author(s):  
Michael Bourk
Keyword(s):  
Universal Service ◽  
Specific Reference ◽  
Telephone Service ◽  
Competitive Environments ◽  
Public Inquiry ◽  
Subsequent Revision ◽  
Telecommunication Policy ◽  
Universal Service Obligation ◽  
Definition Of ◽  
The Right

In Australia, the Universal Service Obligation (USO) operates as a legislative mechanism that guarantees the right of all Australians to access a standard telephone service wherever they reside. In 1997, special provisions for people with severe hearing impairment were added to telecommunication legislation. The Telecommunications Act 1997 included a specific reference to teletypewriters (TTYs), including them as an addition to the definition of the Universal Service Obligation (USO) as the result of the outcome from a public inquiry held in 1995. The inquiry, subsequently referred to as Scott v. Telstra, is a case study illustrating the collision of two separate pieces of federal legislation and the paradigms that formed them. Furthermore, both the inquiry and subsequent revision of definitions of a standard telephone service illustrate the complexity of planning telecommunication policy for equitable social outcomes. Specifically, further questions are raised surrounding the role of universal service in changing technological and competitive environments.

DETERMINATION OF A LAW APPLICABLE TO THE SUBSTANCE OF A DISPUTE BY THE ARBITRATION TRIBUNAL IN THE PROCESS OF RESOLUTION OF INTERNATIONAL COMMERCIAL DISPUTES

2017 ◽  
Author(s):  
Volodymyr Nahnybida ◽  
Keyword(s):  
Direct Approach ◽  
Specific Reference ◽  
Private International Law ◽  
Arbitral Tribunal ◽  
Indirect Approach ◽  
Conflict Of Laws ◽  
The Difference ◽  
Definition Of ◽  
The Right ◽  
Substantive Law

The article examines the main approaches to the determination by the arbitral tribunal, in the absence of a choice of parties, of a substantive law applicable to the merits of a dispute, when resolving disputes in international commercial arbitration. It is noted that the three fundamental approaches to the establishment by the arbitral tribunal of the law applicable to the merits of the dispute include: 1) the application by the arbitrators of the principle of the closest connection; 2) recourse to conflict-of-laws rules that the arbitral tribunal considers applicable (indirect approach, voie indirecte) 3) granting arbitrators the right to directly establish and apply substantive law without resorting to any conflict-of-laws or rules (the so-called voie directe or direct approach). It is summarized that all of the above approaches are aimed at ensuring the compliance of the applicable substantive law established by the arbitral tribunal with the substance of the dispute and the subject of the contract, especially the first two related to conflict of laws – both with a specific reference to law, which has the closest connections with legal relations, and with the ability of the arbitrators to refer to other conflict-of-laws rules that it deems applicable. The difference concerning the third of the approaches, voie directe or direct choice of the applicable law, lies in the greater degree of freedom of the arbitrators in this matter, since the obligation of the arbitral tribunal to refer to the conflict of laws rules of a certain national system of private international law or transnational conflict of laws is generally eliminated. The author claims that the arbitral tribunal, depending on the approach adopted in the country of place of arbitration, whose mandatory provisions determine the procedure for the arbitrators to establish the applicable substantive law in the absence of a choice of parties, and the rules enshrined in the arbitration rules of the relevant institution, can either independently establish such a right (direct approach) or turn first to the definition of applicable conflict of laws rules, according to which the choice of substantive law will be made (indirect approach). Such conflict-of-laws links, as a rule, include: the principle of the closest connection, the country of the place of performance of the contract, the country of location of the party that must carry out significant performance, etc.

scholarly journals Revisiting the Universal Service Obligation Scheme

2021 ◽  
Vol 9 (3) ◽  
pp. 194-215
Author(s):  
Simon Moorhead
Keyword(s):  
Mobile Services ◽  
Universal Service ◽  
Australian Government ◽  
Customer Preference ◽  
Public Inquiry ◽  
Service Guarantee ◽  
Telecommunications Services ◽  
Universal Service Obligation

In this Journal’s tradition of revisiting past papers which have relevance to today’s events, this article reminds us of the value of the paper “Better telecommunications services for all Australians.” (2015) by Reg Coutts. This paper makes five interrelated recommendations to replace the current Universal Service Obligation (USO) policy in Australia, given the NBN rollout and customer preference for mobile services anywhere anytime.  Some of its recommendations were arguably taken up by the Productivity Commission’s Public Inquiry into the USO in 2016-17, and implemented by the Australian Government in the form of a new Universal Service Guarantee.

THE CONCEPT OF CONSTITUTIONAL AND LEGAL GUARANTEES OF ELECTORAL RIGHTS

2020 ◽  
Vol 10 (4) ◽  
pp. 85-90
Author(s):  
VLADIMIR TROYAN ◽  
Keyword(s):  
Scientific Research ◽  
Formal Aspect ◽  
Universal Approach ◽  
Right To Vote ◽  
Definition Of ◽  
The Right

The relevance of the interpretation of constitutional and legal guarantees of the right to vote is mediated by isolated scientific research in this area, as well as the lack of a universal approach to legal guarantees. In this regard, the purpose of the article is to argue and disclose the author’s definitive aspect of the claimed guarantees. In the work, the author named and characterized the normative (based exclusively on legal means) with the perspective of a branch of legal and technical; regulatory and institutional (combines the formal aspect with the activities of authorized entities) and associated legal (including a set of legal and other aspects) approaches to the definition of legal guarantees. Based on the second approach, as well as combining the guarantees of the right to vote directly guarantees of the subjective right itself and guarantees of its implementation, the author offers a definition of constitutional and legal guarantees of the right to vote.

administrasi ketatausahaan sekolah

2020 ◽  
Author(s):  
Isra Revenia
Keyword(s):  
Information Needs ◽  
Control Functions ◽  
Definition Of ◽  
The Right ◽  
And Control

This article is made to know the destinantion and the administrasi functions of the school in order to assist the leader of an organazation in making decisions and doing the right thing, recording of such statements in addition to the information needs also pertains to the function of accountabilitty and control functions. Administrative administration is the activity of recording for everything that happens in the organization to be used as information for leaders. While the definition of administration is all processing activities that start from collecting (receiving), recording, processing, duplicating, minimizing and storing all the information of correspondence needed by the organization. Administration is as an activity to determine everything that happens in the organization, to be used as material for information by the leadership, which includes all activities ranging from manufacturing, managing, structuring to all the preparation of information needed by the organization.

SELF ASSESSMENT TO KNOW UNDERSTANDING MATHEMATIC CONCEPT

2018 ◽  
Vol 3 (1) ◽  
pp. 14-21
Author(s):  
Deni Iriyadi
Keyword(s):  
Qualitative Study ◽  
Qualitative Analysis ◽  
Resolution Limit ◽  
Self Assessment ◽  
Limit Concept ◽  
Research Instrument ◽  
Definition Of ◽  
The Right

This research is a qualitative study aimed to determine the students' understanding of the concept of matter limit. The subjects were students of class XI IPA 1 SMA Negeri 1 Watampone. The concept includes the definition of the limit. Data obtained using a research instrument in the form of self-assessment and then proceed with the interview subjects were selected based on the results of self-assessment has been done before. Analysis using qualitative analysis of students' understanding of the concept of the limit concept. The results of this study indicate that students' understanding of concepts some of which are not / do not understand especially regarding definitions limit. In addition students are also wrong about the resolution limit. Students who understand the concept of limit dinyakatakan them restate concepts, including examples and classify the sample to non-completion of function and limit the right results.

DIRECTIONS FOR PROVISION OF PUBLIC BODIES’ TRANSPARENCY AND ACCOUNTABILITY IN CONDITIONS OF PARTICIPATORY DEMOCRACY DEVELOPMENT

2018 ◽  
Vol 1 (11) ◽  
pp. 144-154
Author(s):  
Olga Mykhailоvna Ivanitskaya
Keyword(s):  
Public Administration ◽  
Participatory Democracy ◽  
Main Task ◽  
The Public ◽  
State Governance ◽  
Legislative Initiative ◽  
The Government ◽  
Definition Of ◽  
The Right ◽  
Transparency And Accountability

The article is devoted to issues of ensuring transparency and ac- countability of authorities in the conditions of participatory democracy (democ- racy of participation). It is argued that the public should be guaranteed not only the right for access to information but also the prerequisites for expanding its par- ticipation in state governance. These prerequisites include: the adoption of clearly measurable macroeconomic and social goals and the provision of control of the processes of their compliance with the government by citizens of the country; ex- tension of the circle of subjects of legislative initiative due to realization of such rights by citizens and their groups; legislative definition of the forms of citizens’ participation in making publicly significant decisions, design of relevant orders and procedures, in particular participation in local referendum; outlining methods and procedures for taking into account social thought when making socially im- portant decisions. The need to disclose information about resources that are used by authorities to realize the goals is proved as well as key performance indicators that can be monitored by every citizen; the efforts made by governments of coun- tries to achieve these goals. It was noted that transparency in the conditions of representative democracy in its worst forms in a society where ignorance of the thought of society and its individual members is ignored does not in fact fulfill its main task — to establish an effective dialogue between the authorities and so- ciety. There is a distortion of the essence of transparency: instead of being heard, society is being asked to be informed — and passively accept the facts presented as due. In fact, transparency and accountability in this case are not instruments for the achievement of democracy in public administration, but by the form of a tacit agreement between the subjects of power and people, where the latter passes the participation of an “informed observer”.

scholarly journals Lying, speech acts, and commitment

Synthese ◽  
2020 ◽  
Author(s):  
Neri Marsili
Keyword(s):  
Speech Acts ◽  
Speech Act ◽  
Good Definition ◽  
Definition Of ◽  
The Right ◽  
Adequate Analysis

AbstractNot every speech act can be a lie. A good definition of lying should be able to draw the right distinctions between speech acts (like promises, assertions, and oaths) that can be lies and speech acts (like commands, suggestions, or assumptions) that under no circumstances are lies. This paper shows that no extant account of lying is able to draw the required distinctions. It argues that a definition of lying based on the notion of ‘assertoric commitment’ can succeed where other accounts have failed. Assertoric commitment is analysed in terms of two normative components: ‘accountability’ and ‘discursive responsibility’. The resulting definition of lying draws all the desired distinctions, providing an intensionally adequate analysis of the concept of lying.

scholarly journals Learning Curves: A Novel Approach for Robustness Improvement of Load Forecasting

2021 ◽  
Vol 5 (1) ◽  
pp. 38
Author(s):  
Chiara Giola ◽  
Piero Danti ◽  
Sandro Magnani
Keyword(s):  
Load Forecasting ◽  
Learning Curves ◽  
Machine Learning Techniques ◽  
Essential Information ◽  
Set Size ◽  
Novel Approach ◽  
Learning Techniques ◽  
Energy Plant ◽  
Definition Of ◽  
The Right

In the age of AI, companies strive to extract benefits from data. In the first steps of data analysis, an arduous dilemma scientists have to cope with is the definition of the ’right’ quantity of data needed for a certain task. In particular, when dealing with energy management, one of the most thriving application of AI is the consumption’s optimization of energy plant generators. When designing a strategy to improve the generators’ schedule, a piece of essential information is the future energy load requested by the plant. This topic, in the literature it is referred to as load forecasting, has lately gained great popularity; in this paper authors underline the problem of estimating the correct size of data to train prediction algorithms and propose a suitable methodology. The main characters of this methodology are the Learning Curves, a powerful tool to track algorithms performance whilst data training-set size varies. At first, a brief review of the state of the art and a shallow analysis of eligible machine learning techniques are offered. Furthermore, the hypothesis and constraints of the work are explained, presenting the dataset and the goal of the analysis. Finally, the methodology is elucidated and the results are discussed.

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