This article summarizes recent judicial decisions of interest to energy lawyers. The authors review and comment on case law from the past year in several areas including: arbitration, bankruptcy and ...insolvency, class actions, competition law, contractual interpretation, cybersecurity, employment and labour, environment, Indigenous law, insurance law, securities litigation, and tax. The authors discuss the practical implications of the decisions and risk management strategies that May be of benefit to participants in the energy industry. The authors also highlight cases to watch in 2023.
At the time of the U.S.-Japan auto conferences in March 1983, the hoped-for economic recovery as manifested in auto sales had revealed itself quite modestly. Three months later, the indicators were ...more robust and certainly long overdue for those whose livelihood depends on the health of the industry--some of whom are university professors. With Japanese import restrictions in place until March 1984 and drastically reduced break-even points for domestic manufactures, rising consumer demand holds great promise for the industry. The rapidly rising stock prices of the auto-makers captures well the sense of heightened optimism, as do the various forecasts for improved profits. While the news is certainly welcome, it nevertheless should be greeted with caution. As Mr. Perkins noted at the conference, "we have a tendency to forget things very quickly. If we have a boom market this year, there is a good chance that a lot of things we learned will be forgotten." To put the matter differently and more bluntly, with growing prosperity there is the risk that management will fall back into old habits, making impossible the achievement of sustained quality and productivity improvement. Similarly, the commitment to develop cooperative relations with workers and suppliers will weaken. The union will be under membership pressure to retrieve concessions rather than to take the longer-term view. This longer-term view recognizes that "up-front increases" and adherence to existing work rules increasingly come at the sacrifice of future job security. Government policymakers will turn their attention away from the industry. This may not mean a great deal given how weakly focused their attentions has been during the last three years and how mixed and contradictory government auto policies have been for over a decade.
This article examines the use of generative metaphors in the context of interference operations, particularly focusing on trolling and disinformation. It begins by emphasising the crucial role of ...metaphors in shaping perceptions of cybersecurity issues and subsequent government policies. To demonstrate this, the study delves into two case studies - the Philippines and Australia - analysing how their historical and political contexts have shaped the metaphors they employ to address trolling and disinformation. The article evaluates the effectiveness of these metaphors in both cases, considering their impact on policy formulation. It employs Allan McConnell's methodology to assess process and program success, ultimately concluding that, while the virus metaphor conveys urgency, it falls short in addressing the root causes of trolling. Conversely, the industry metaphor, as exemplified in the Philippines, promotes accountability and regulation.
Geopolitical competition between the West and China is creating insecurity and development problems for the Pacific region. Western countries are responding to China's growing economic and political ...footprint with increased militarisation, the deployment of threat narratives and creation of a strategic alliance to engage with the Pacific Islands Forum. They want to retain strategic control of a region that is drawing closer to China, but at what cost for Pacific Islands countries? Emerging actors in the Pacific geopolitical space should understand the dynamics of this competition in order to make effective policies for the betterment of the region.
In 'Mackie Motors v RCI', the High Court and the Court of Appeal dismissed an argument based on the 'relational contract' in a way which recalled its dismissal 20 years earlier in 'Baird Textiles v ...Marks and Spencer'. It did not seem to have had any effect that after the 2013 'landmark decision' of Leggatt J in 'Yam Seng v ITC' the 'relational contract' has been considered an 'established concept' in a number of High Court decisions. But these decisions have all been received very coolly by the Court of Appeal, and the High Court decision in 'Mackie Motors' may indeed represent an acceptance of the attitude of the Court of Appeal. This note will argue that, if this is the case, it would constitute a regrettable failure to develop the relational contract as a concept of great practical value in cases such as 'Baird Textiles' and 'Mackie Motors'. It would also constitute an even more regrettable failure to use the relational contract to understand good faith and the nature of all contractual obligations along one of the lines set out by Leggatt J in 'Yam Seng'.
Adopting new and much more comprehensive concepts of both power and politics, The Retreat of the State develops a theoretical framework to show who really governs the world economy. It goes on to ...explore some of the non-state authorities, from mafias to the Big Six accounting firms and international bureaucrats, whose power over who gets what in the world encroaches on that of national governments. The book is a signpost, pointing to some promising new directions for the future development of research and teaching in international political economy. Its originality and scope make The Retreat of the State of great importance for scholars and students of international relations, business and management.
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