scholarly journals A Submission to the Productivity Commission Inquiry on the Right to Repair

2021 ◽  
Author(s):  
Matthew Rimmer
Keyword(s):  
Environmental Law ◽  
Policy Issue ◽  
Holistic Approach ◽  
Law Reform ◽  
Discussion Paper ◽  
Draft Report ◽  
Consumer Law ◽  
Productivity Commission ◽  
Development Goals ◽  
The Right

EXECUTIVE SUMMARYThe Productivity Commission is to be congratulated for producing a comprehensive discussion paper on the complex and tangled topic of the right to repair. Taking an interdisciplinary, holistic approach to the issue, the Productivity Commission shows a strong understanding that the topic of the right to repair is a multifaceted policy issue. Its draft report covers the fields of consumer law, competition policy, intellectual property, product stewardship, and environmental law. The Productivity Commission displays a great comparative awareness of developments in other jurisdictions in respect of the right to repair. The policy body is also sensitive to the international dimensions of the right to repair – particularly in light of the United Nations Sustainable Development Goals. The Productivity Commission puts forward a compelling package of recommendations, which will be useful in achieving law reform in respect of the right to repair in Australia.

Refining the Right to Information in Vietnamese Consumer Law: Insights from Australia

2021 ◽  
Vol 16 (1) ◽  
pp. 61-83
Author(s):  
Lam Uyen Lu ◽  
Niloufer Selvadurai
Keyword(s):  
Consumer Protection ◽  
Critical Role ◽  
Consumer Welfare ◽  
Regulatory Framework ◽  
Law Reform ◽  
Legal Systems ◽  
Consumer Law ◽  
Similarities And Differences ◽  
Right To Information ◽  
The Right

AbstractIn upholding a consumer's right to information, regulations prohibiting misleading or deceptive conduct perform a critical role in supporting consumer welfare and encouraging equity in business and commerce. While Vietnam enacted a Law on Consumer Protection in 2010, its provisions in this area are limited in ambit and application. In order to improve the effectiveness of a consumer's right to information in Vietnam, it is useful to examine the Australia Consumer Law which has a sophisticated regulatory framework in this area. By comparing the laws prohibiting misleading or deceptive conduct in the Vietnamese Law on Consumer Protection and the Australia Consumer Law, this article identifies certain similarities and differences between the two legal systems, thereby clarifying shortcomings that can lead to inadequacies and inefficiencies of this area of the law and providing a platform for law reform in Vietnam.

scholarly journals IN THE MAKING OF A BETTER WORLD: U N SUSTAINABLE DEVELOPMENT GOALS, 2030

2020 ◽  
pp. 13-16
Author(s):  
Rupali Daimari ◽  
Dr. Basanta Kalita
Keyword(s):  
Sustainable Development ◽  
Environmental Law ◽  
Future Generations ◽  
Human Environment ◽  
Healthy Environment ◽  
Global Challenge ◽  
Commission Report ◽  
Development Goals ◽  
The Right ◽  
Sustainable Economic Growth

Sustainable development can be defined as development that meets the needs of the present without compromising the ability of future generations to meet their own needs. The Brundtland Commission Report 1987 defines Sustainable Development thus “Sustainable Development is the development that meets the needs of the present without compromising the ability of future generations to meet their own needs.” From the very beginning the United Nations have taken the initiative to make Sustainable Development a reality to protect our planet from degradation and depletion in various forms. The Declaration of the UN Conference on the Human Environment or Stockholm Declaration was adopted on June, 1972 by the UN Conference on the Human Environment at the 21st plenary meeting as the first document in International Environmental law to recognize the right to a healthy environment. In the declaration, the nations agreed to accept responsibility for any environmental effects caused by their actions. Keeping this in view the Rio Declaration on Environment and Development, adopted 27 principles intended to guide future sustainable development around the world in tune with the Stockholm Declaration 1972 on Human Environment. In this paper an attempt would be made to study the various aspects of sustainable development especially reducing inequalities in all forms, including the empowerment of women and girls’ and the most marginalized. To focus on balanced and sustainable economic growth with employment creation which is fundamental for addressing the multi-dimensional nature of poverty and which must be decoupled from environmental degradation. KEYWORDS: Degradation, Depletion, Empowerment, Poverty, Global Challenge

scholarly journals The Right to Repair: Patent Law and 3D Printing in Australia

2021 ◽  
Author(s):  
Matthew Rimmer
Keyword(s):  
3D Printing ◽  
Legal System ◽  
Digital Fabrication ◽  
Federal Court ◽  
Patent Law ◽  
Law Reform ◽  
High Court ◽  
Productivity Commission ◽  
The Right ◽  
High Court Of Australia

Considering recent litigation in the Australian courts, and an inquiry by the Productivity Commission, this paper calls for patent law reform in respect of the right to repair in Australia. It provides an evaluation of the decision of the Full Court of the Federal Court in Calidad Pty Ltd v Seiko Epson Corporation [2019] FCAFC 115 – as well as the High Court of Australia consideration of the matter in Calidad Pty Ltd v Seiko Epson Corporation [2020] HCA 41. It highlights the divergence between the layers of the Australian legal system on the topic of patent law – between the judicial approach of the Federal Court of Australia and the Full Court of the Federal Court of Australia, and the endorsement of the patent exhaustion doctrine by the majority of the High Court of Australia. In light of this litigation, this paper reviews the policy approach taken by the Productivity Commission in respect of patent law, the right to repair, consumer rights, and competition policy. After the considering the findings of the Productivity Commission, it is recommended that there is a need to provide for greater recognition of the right to repair under patent law. It also calls for the use of compulsory licensing, crown use, competition oversight, and consumer law protection to reinforce the right to repair under patent law. In the spirit of modernising Australia’s regime, this paper makes a number of recommendations for patent law reform – particularly in light of 3D printing, additive manufacturing, and digital fabrication. It calls upon the legal system to embody some of the ideals, which have been embedded in the Maker’s Bill of Rights, and the iFixit Repair Manifesto. The larger argument of the paper is that there needs to be a common approach to the right to repair across the various domains of intellectual property – rather than the current fragmentary treatment of the topic.

International Environmental Law

2019 ◽  
pp. 169-204
Author(s):  
Ben Boer
Keyword(s):  
Sustainable Development Goals ◽  
Environmental Law ◽  
Asia Pacific ◽  
International Environmental Law ◽  
The Sustainable Development ◽  
Sustainable Environment ◽  
Development Goals ◽  
Legal Frameworks ◽  
The Right ◽  
National Environmental

This chapter addresses the development and implementation of international and regional instruments and policies concerning the environment and natural resources across the sub-regions of the Asia-Pacific, in the context of the continuing debate on the need to promote ecological sustainability globally. Many of these instruments and policies began to shape national environmental law responses in the region from the 1970s. Two recent and highly significant instruments are the Paris Agreement on Climate Change and the Sustainable Development Goals, both agreed in 2015. The chapter then examines the functions of the more important regional environmentally oriented institutions, together with their associated legal frameworks and soft law instruments, for each of the Asia-Pacific’s sub-regions. It also focuses on the increasing international, regional, and national trend of recognizing the links between environmental law and human rights, and specifically the promotion of the right to a safe, clean, healthy, and sustainable environment.

scholarly journals Depleting Time Itself: The Plight of Today’s “Human” Environment

2021 ◽  
Vol 51 (6) ◽  
pp. 361-369
Author(s):  
Nicholas A. Robinson
Keyword(s):  
Sustainable Development ◽  
Environmental Law ◽  
Biodiversity Loss ◽  
Human Environment ◽  
Development Goals ◽  
Un General Assembly ◽  
Economic Developments ◽  
The Right ◽  
Stockholm Conference ◽  
Business As Usual

Earth, and its human societies, are seized with the triple crises of climate change, biodiversity loss, and pervasive and escalating levels of pollution. In the 50 years since the 1972 UN Stockholm Conference on the Human Environment (UNCHE), States and UN Environment Program (UNEP) have created an entirely new body of international environmental law, and agreed on the UN Sustainable Development Goals for further socio-economic developments to help the 7.9 billion people on Earth today, and the 1.5 more billion expected soon. The article highlights the accomplishments of the past five decades, launched in Stockholm. However, beyond depleting the resources of Earth’s natural and physical environment, humanity has also depleted time itself. There is not enough time left to permit the pace of environmental law-making to lead to success. Political will has eroded too, leaving “business as usual” to continue to harm the environment. Fortunately, most nations have recognized the right to the environment, and the UN General Assembly is asked to do so in 2022. At the same time, courts around the world are increasingly enforcing environmental rights. If courts world-wide begin to enforce the right to the environment, pathways to attaining sustainable development can be developed beyond Stockholm+50 (2022).

Design of a Conceptual Model for Improving Company Performance Based on Lean Management Applying the Viable System Model (VSM)

2018 ◽  
Vol 2 (2) ◽  
pp. 49-63 ◽  
Author(s):  
Sergio Gallego García ◽  
Rayco Rodríguez Reyes ◽  
Manuel García García
Keyword(s):  
Production Management ◽  
Modern Society ◽  
Holistic Approach ◽  
Service Level ◽  
System Model ◽  
Company Performance ◽  
Lean Management ◽  
Viable System Model ◽  
Viable System ◽  
The Right

Abstract Designing, changing and adapting organizations to secure viability is challenging for companies. Researchers often fail to holistically design or transform organizations. Thus, the aim of this study is to propose a holistic approach how organizations can be designed, changed or managed considering also its implications to production management following lean management principles. Hereby the Viable System Model was applied. This structure can be applied to any kind of structured organization and for its management with goals to be achieved in modern society; however focus of the research is the cluster of manufacturing and assembly companies. Goal of the developed organizational model is to be able to react to all potential company environments by taking decisions regarding organization and production management functions correctly and in the right moment based on the needed information. To ensure this, standardized communication channels were defined. In conclusion this proposed approach enables companies to have internal mechanisms to secure viability and also in production to reduce necessary stocks, lead times, manpower allocation and leads to an increase of the service level to the final customer.

Analysis of pre-service teachers’ perception towards the economic, environmental, social and cultural dimensions of Education for Sustainable Development

Think India ◽  
2019 ◽  
Vol 22 (3) ◽  
pp. 972-978
Author(s):  
Manisha Jetly ◽  
Dr. Nandita Singh
Keyword(s):  
Sustainable Development ◽  
Environmental Sustainability ◽  
Qualitative Content Analysis ◽  
Holistic Approach ◽  
Education For Sustainable Development ◽  
Cultural Dimensions ◽  
The Sustainable Development ◽  
Depth Study ◽  
Development Goals ◽  
Class Room

Education for sustainable development (ESD) enjoys a huge momentum worldwide in which the role of teachers for making sustainable development goals a reality has been recognized significantly. Teachers through their knowledge, attitudes and skills can bring the learning about these concepts to the curriculum and class room interaction and are in a position to influence their students. Therefore it is pertinent, that teachers are sensitised towards these issues, so that they prepare and nurture their students for making appropriate and responsible choices which contribute to a sustainable future. At this juncture it becomes crucial to understand their priorities and awareness level in context of the sustainable development. The present research paper aims to analyse the perception of forty post graduate pre-service teachers of the Chandigarh region, towards ESD through the dimensions of economic sustainability, environmental sustainability, social sustainability and cultural sustainability. For this researchers have adopted qualitative content analysis methodology for an in-depth study of the subjective responses through an open ended question. The findings suggest that most of the respondents associated the perception of ESD strongly with environmental sustainability. It is noted that the pre-service teachers lack a holistic approach towards ESD. On the basis of the findings it is recommended that there is an urgent need of integrating the concept of ESD consciously and conscientiously in India’s teacher education programmes.

Protecting the Desperate: The Regulation of Payday Lending

2015 ◽  
Vol 43 (1) ◽  
pp. 147-176
Author(s):  
Andrew J Serpell
Keyword(s):  
Consumer Credit ◽  
Law Reform ◽  
Payday Lending ◽  
Short Term ◽  
Payday Loans ◽  
The Law ◽  
The Right ◽  
Credit Contracts ◽  
The Cost

Payday loans are small-amount, short-term, unsecured, high-cost credit contracts provided by non-mainstream credit providers. Payday loans are usually taken out to help the consumer pay for essential items, such as food, rent, electricity, petrol, broken-down appliances or car registration or repairs. These consumers take out payday loans because they cannot — or believe that they cannot — obtain a loan from a mainstream credit provider such as a bank. In recent years there has been a protracted debate in Australia — and in several overseas jurisdictions — about how to regulate the industry. Recent amendments to the National Consumer Credit Protection Act 2009 (Cth) — referred to in this article as the 2013 reforms — are designed to better protect payday loan consumers. While the 2013 reforms provide substantially improved protection for payday loan consumers, further changes to the law may be warranted. This article raises several law reform issues which should be considered as part of the 2015 review into small amount credit contracts, including whether the caps on the cost of credit are set at the right level, whether the required content and presentation of the consumer warnings needs to be altered, whether more needs to be done to protect consumers who are particularly disadvantaged or vulnerable and whether a general anti-avoidance provision should be included in the credit legislation.

Right to Parental Care

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Law Reform ◽  
Best Interest ◽  
Family Courts ◽  
Custody Of Children ◽  
The Family ◽  
Shared Parenting ◽  
The Right ◽  
A Minor ◽  
And Control ◽  
Physical Care

Custody refers to the physical care and control of a minor whereas guardianship is a wider term and includes rights and duties with respect to the care and control of minor’s person and property, and includes the right to make decisions relating to the minor. The present legal regime relating to guardianship and custody of children is discussed, including the Guardians and Wards Act, 1890, the Hindu Minority and Guardianship Act, 1956, the personal and matrimonial laws, and relevant provisions in the Family Courts Act and Protection of Women against Domestic Violence Act, 2005. The emerging concepts of shared parenting, joint custody, and the interparental child removal or abduction of child is included. There is review and analysis of some major reported judicial decisions. A comparative survey of international laws and trends has been done. Suggestions for law reform in the best interest of the child have been given.

scholarly journals EU Labor Market Inequalities and Sustainable Development Goals

2021 ◽  
Vol 13 (5) ◽  
pp. 2675
Author(s):  
Elena Jianu ◽  
Ramona Pîrvu ◽  
Gheorghe Axinte ◽  
Ovidiu Toma ◽  
Andrei Valentin Cojocaru ◽  
...  
Keyword(s):  
Sustainable Development ◽  
Labor Market ◽  
Policy Issue ◽  
Policy Makers ◽  
Public Policy Issue ◽  
Development Goals ◽  
To Come ◽  
Business Practitioners ◽  
The Eu

Reducing inequalities for EU citizens and promoting upward convergence is one of the priorities on the agenda of the European Commission and, certainly, inequality will be a very important public policy issue for years to come. Through this research we aim to investigate EU labor market inequalities, reflected by the specific indicators proposed for Goal 8 assumed by the 2030 Agenda for Sustainable Development, based on cluster analysis for all the 27 Member States. The research results showed encouraging results from the perspective of convergence in the EU labor market, but also revealed a number of analyzed variable effects that manifested regional inequalities that were generated in the medium and long term. Based on the observations made, we want to provide information for policy-makers, business practitioners, and academics so as to constitute solid ground for identifying good practices and proposing to implement policies aimed at reducing existing inequalities and supporting sustainable development.

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