2004

Should “Grave Crimes of International Terrorism” be included in the Jurisdiction of the International Criminal Court? ( 206Kb)
Peter J. Wertheim

Abstract: Genocide, crimes against humanity and war crimes are among the most serious categories of crimes known to international law. For decades lawyers and others debated whether a standing international court should be established to prosecute and punish such crimes. In 1998 the debate ended with the adoption of the Rome Statute for the establishment of an International Criminal Court (ICC). The Statute defines the elements of each of these crimes and includes them in the ICC's jurisdiction. The idea of including "grave crimes of international terrorism" as an additional category in the ICC's jurisdiction was considered, but abandoned as too difficult. Firstly, there is at present no universally agreed definition of terrorism and the whole subject is politically sensitive. Secondly, democratic and other States have long recognised that certain acts that would ordinarily be considered criminal should be treated differently if they can be characterised as "political offences". This paper argues that both these difficulties can be overcome. A solution to the problem of definition is to confine "terrorism" to those acts that are outlawed by existing anti-terrorist multilateral conventions, as listed by the UN, at least to the extent that those conventions are declaratory of customary international law. It is also argued that the "political offence" issue has been rendered obsolete by the creation of the ICC, with its numerous safeguards to ensure the Court's impartiality. In 2009 the Rome Statute will be reviewed and there will be an opportunity to expand the ICC's jurisdiction to include grave crimes of international terrorism. For the international rule of law to be supported and strengthened, that opportunity should not be missed.

Citation: Wertheim, P.J. 2003. ‘Should “Grave Crimes of International Terrorism” be included in the Jurisdiction of the International Criminal Court?’ Policy and Society 22 (2): 1-21.

Pedestrian Malls, Local Government and Free Speech Policy in Australia ( 220Kb)
Katharine Gelber

Abstract: Since the 1992 free speech cases in the High Court, which elucidated an implied freedom of political communication in the Australian Constitution, the application of the freedom to speech policy has been seldom explored. This paper examines the scope of the freedom from the perspective of struggles over policy coherence and implementation. I first analyse selected High Court judgments referring to the freedom to establish its scope. Within this context, the regulation of pedestrian malls, both before and after the development of the constitutional doctrine is examined. The evidence suggests that pedestrian malls are regulated by local councils in a manner which restricts free expression on political matters in far-ranging ways. I conclude by highlighting continuities in the practice of speech policy before and after the development of the constitutional doctrine, outlining the limitations of current speech policy despite the elucidation of the constitutional freedom, and arguing that the freedom of political communication currently extant in the Australian polity is partial and unsatisfactory. These conclusions demonstrate policy inconsistency and difficulties in policy implementation of the High Court doctrine.

Citation: Gelber, K. 2003. ‘Pedestrian Malls, Local Government and Free Speech Policy in Australia.’ Policy and Society 22 (2): 22-49.

Property Tax in a City-State: The Case of Singapore ( 219Kb)
Mukul G. Asher and Amarendu Nandy

Abstract: This paper examines the nature and structure of property tax in Singapore, an affluent and rapidly ageing city state in Southeast Asia. While the property tax based on annual rental value has a long history and is a well accepted tax in Singapore, it is only about two decades ago that the process of modernizing the tax began. The paper highlights three characteristics of Singapore’s property tax. The first concerns the activist and aggressive use of the property tax as an industrial policy and macroeconomic stabilization tool. The second is the close relationship between public housing, property tax, and mandatory savings scheme. As a result, this scheme has essentially substituted for the mortgage finance market in Singapore. Third, there exist large disparities in property tax treatment of public housing which is very lightly taxed, and the treatment of non-residential properties, which are relatively more heavily taxed. The paper suggests a need for more transparent assessment procedures, particularly in the current scenario of deflationary pressures in the property sector. The paper also suggests that the future revenue potential of Singapore’s property tax is limited.

Citation: Asher, M.G., and A. Nandy. 2003. ‘Property Tax in a City-State: The Case of Singapore.’ Policy and Society 22 (2): 50-75.

A Cross-National Comparison of Welfare Lobby Groups: The British Child Poverty Action Group (CPAG) and the Australian Council of Social Service (ACOSS)
( 185Kb)
Philip Mendes

Abstract: Theories of globalisation suggest that national lobby groups continue to exert significant impact on social policy outcomes. This paper compares two prominent national welfare lobby groups, the British Child Poverty Action Group (CPAG), and the Australian Council of Social Service (ACOSS). Attention is drawn to their similarities and differences in a number of areas including their origins, major aims and objectives, representation, ideology, funding, lobbying strategies and targets, and political influence and effectiveness. Some conclusions are drawn from this comparison about the complexity of the relationship between globalisation and national welfare states.

Citation: Mendes, P.M. 2003. ‘A Cross-National Comparison of Welfare Lobby Groups: The British Child Poverty Action Group (CPAG) and the Australian Council of Social Service (ACOSS).’ Policy and Society 22 (2): 76-99.

Mainstreaming and Neoliberalism: A Contested Relationship ( 191Kb)
Carol Bacchi and Joan Eveline

Abstract: The paper offers a comparative analysis of dominant mainstreaming and gender analysis frameworks to consider the nature of the relationship between these equality initiatives and neoliberalism. We challenge the portrayal of mainstreaming as necessarily resistant to neoliberalism, and show how dominant forms of mainstreaming illustrate characteristics congruent with neoliberal premises and policy agendas. Our particular concern is the extent to which some forms of mainstreaming and gender analysis are unable to put in question neoliberal premises because of their ex post character. For this reason we describe the relationship as contested. Our goal is to identify ways to strengthen the potential of mainstreaming initiatives to step outside of and critique neoliberalism’s strategic norms. To advance this objective we offer some first steps towards producing gender analysis as an ex ante intervention. Significantly, we suggest that effective implementation requires a focus on policy’s creative (active) role in constructing “problems” and in shaping gender relations.

Citation: Bacchi, C., and J. Eveline 2003. ‘Mainstreaming and Neoliberalism: A Contested Relationship.’ Policy and Society 22 (2): 98-118.

Comparing Court and Kennett Leadership Styles: Energy Sector Reform in Western Australia and Victoria ( 198Kb)
Stephen Barton and Peter van Onselen

Abstract: This paper argues that political leadership is primarily displayed by the achievement of goals. However leaders do not operate in a vacuum; they must achieve their goals in a social and economic environment that presents both challenges and opportunities. The extent to which leaders are successful, by that we mean display political leadership, depends on their leadership style. That is, the deployment of their institutional powers (with their own inherent limitations), to overcome challenges and exploit opportunities. Political leadership relies on adopting the most appropriate leadership style in a given situation. This paper will explore such considerations with regard to energy sector reform in the states of Western Australia and Victoria during the Governments of Richard Court and Jeff Kennett respectively. Leadership as it applies to policy in the political context requires an empirical approach in order to judge the prescriptive outcomes. We therefore define political leadership (in all its facets) and establish a model of political leadership appropriate when looking at premiers in the Australian context. Finally this model is applied to energy sector reforms in the states of Victoria and Western Australia.

Citation: Barton, S., and P. van Onselen. 2003. ‘Comparing Court and Kennett Leadership Styles: Energy Sector Reform in Western Australia and Victoria.’ Policy and Society 22 (2): 119-143.

‘Here’s a Wee Present for You’: The Role of Civic Culture in the Governance of Northern Ireland ( 206Kb)
Diarmuid Maguire

Abstract: This article explores how civil servants have sought to reform civil society in Northern Ireland during the peace process by using funding of community groups, but also through the discourse necessary to get hold of that funding. It argues that this attempted re-construction of civil society initiated by the state reflects three arguments. First, there is clear evidence of an ideational change among leading civil servants away from sectarianism and towards more liberal conceptions of civil society. Second, the involvement of the European Union in Northern Ireland not only provides some of this funding but is also a model as it shifts from economic unity to political unity. Third, these factors have led to a form of governance based on participatory democracy. This article argues, however, that there is a failure in dealing with existing forms of representative democracy, which ultimately have the power to undermine the peace process.

Citation: Maguire, D. 2003. ‘‘Here’s a Wee Present for You’: The Role of Civic Culture in the Governance of Northern Ireland.’ Policy and Society 22 (2): 144-163.

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		2004 Should “Grave Crimes of International Terrorism” be included in the Jurisdiction of the International Criminal Court? ( 206Kb) Peter J. Wertheim Abstract: Genocide, crimes against humanity and war crimes are among the most serious categories of crimes known to international law. For decades lawyers and others debated whether a standing international court should be established to prosecute and punish such crimes. In 1998 the debate ended with the adoption of the Rome Statute for the establishment of an International Criminal Court (ICC). The Statute defines the elements of each of these crimes and includes them in the ICC's jurisdiction. The idea of including "grave crimes of international terrorism" as an additional category in the ICC's jurisdiction was considered, but abandoned as too difficult. Firstly, there is at present no universally agreed definition of terrorism and the whole subject is politically sensitive. Secondly, democratic and other States have long recognised that certain acts that would ordinarily be considered criminal should be treated differently if they can be characterised as "political offences". This paper argues that both these difficulties can be overcome. A solution to the problem of definition is to confine "terrorism" to those acts that are outlawed by existing anti-terrorist multilateral conventions, as listed by the UN, at least to the extent that those conventions are declaratory of customary international law. It is also argued that the "political offence" issue has been rendered obsolete by the creation of the ICC, with its numerous safeguards to ensure the Court's impartiality. In 2009 the Rome Statute will be reviewed and there will be an opportunity to expand the ICC's jurisdiction to include grave crimes of international terrorism. For the international rule of law to be supported and strengthened, that opportunity should not be missed. Citation: Wertheim, P.J. 2003. ‘Should “Grave Crimes of International Terrorism” be included in the Jurisdiction of the International Criminal Court?’ Policy and Society 22 (2): 1-21. Pedestrian Malls, Local Government and Free Speech Policy in Australia ( 220Kb) Katharine Gelber Abstract: Since the 1992 free speech cases in the High Court, which elucidated an implied freedom of political communication in the Australian Constitution, the application of the freedom to speech policy has been seldom explored. This paper examines the scope of the freedom from the perspective of struggles over policy coherence and implementation. I first analyse selected High Court judgments referring to the freedom to establish its scope. Within this context, the regulation of pedestrian malls, both before and after the development of the constitutional doctrine is examined. The evidence suggests that pedestrian malls are regulated by local councils in a manner which restricts free expression on political matters in far-ranging ways. I conclude by highlighting continuities in the practice of speech policy before and after the development of the constitutional doctrine, outlining the limitations of current speech policy despite the elucidation of the constitutional freedom, and arguing that the freedom of political communication currently extant in the Australian polity is partial and unsatisfactory. These conclusions demonstrate policy inconsistency and difficulties in policy implementation of the High Court doctrine. Citation: Gelber, K. 2003. ‘Pedestrian Malls, Local Government and Free Speech Policy in Australia.’ Policy and Society 22 (2): 22-49. Property Tax in a City-State: The Case of Singapore ( 219Kb) Mukul G. Asher and Amarendu Nandy Abstract: This paper examines the nature and structure of property tax in Singapore, an affluent and rapidly ageing city state in Southeast Asia. While the property tax based on annual rental value has a long history and is a well accepted tax in Singapore, it is only about two decades ago that the process of modernizing the tax began. The paper highlights three characteristics of Singapore’s property tax. The first concerns the activist and aggressive use of the property tax as an industrial policy and macroeconomic stabilization tool. The second is the close relationship between public housing, property tax, and mandatory savings scheme. As a result, this scheme has essentially substituted for the mortgage finance market in Singapore. Third, there exist large disparities in property tax treatment of public housing which is very lightly taxed, and the treatment of non-residential properties, which are relatively more heavily taxed. The paper suggests a need for more transparent assessment procedures, particularly in the current scenario of deflationary pressures in the property sector. The paper also suggests that the future revenue potential of Singapore’s property tax is limited. Citation: Asher, M.G., and A. Nandy. 2003. ‘Property Tax in a City-State: The Case of Singapore.’ Policy and Society 22 (2): 50-75. A Cross-National Comparison of Welfare Lobby Groups: The British Child Poverty Action Group (CPAG) and the Australian Council of Social Service (ACOSS) ( 185Kb) Philip Mendes Abstract: Theories of globalisation suggest that national lobby groups continue to exert significant impact on social policy outcomes. This paper compares two prominent national welfare lobby groups, the British Child Poverty Action Group (CPAG), and the Australian Council of Social Service (ACOSS). Attention is drawn to their similarities and differences in a number of areas including their origins, major aims and objectives, representation, ideology, funding, lobbying strategies and targets, and political influence and effectiveness. Some conclusions are drawn from this comparison about the complexity of the relationship between globalisation and national welfare states. Citation: Mendes, P.M. 2003. ‘A Cross-National Comparison of Welfare Lobby Groups: The British Child Poverty Action Group (CPAG) and the Australian Council of Social Service (ACOSS).’ Policy and Society 22 (2): 76-99. Mainstreaming and Neoliberalism: A Contested Relationship ( 191Kb) Carol Bacchi and Joan Eveline Abstract: The paper offers a comparative analysis of dominant mainstreaming and gender analysis frameworks to consider the nature of the relationship between these equality initiatives and neoliberalism. We challenge the portrayal of mainstreaming as necessarily resistant to neoliberalism, and show how dominant forms of mainstreaming illustrate characteristics congruent with neoliberal premises and policy agendas. Our particular concern is the extent to which some forms of mainstreaming and gender analysis are unable to put in question neoliberal premises because of their ex post character. For this reason we describe the relationship as contested. Our goal is to identify ways to strengthen the potential of mainstreaming initiatives to step outside of and critique neoliberalism’s strategic norms. To advance this objective we offer some first steps towards producing gender analysis as an ex ante intervention. Significantly, we suggest that effective implementation requires a focus on policy’s creative (active) role in constructing “problems” and in shaping gender relations. Citation: Bacchi, C., and J. Eveline 2003. ‘Mainstreaming and Neoliberalism: A Contested Relationship.’ Policy and Society 22 (2): 98-118. Comparing Court and Kennett Leadership Styles: Energy Sector Reform in Western Australia and Victoria ( 198Kb) Stephen Barton and Peter van Onselen Abstract: This paper argues that political leadership is primarily displayed by the achievement of goals. However leaders do not operate in a vacuum; they must achieve their goals in a social and economic environment that presents both challenges and opportunities. The extent to which leaders are successful, by that we mean display political leadership, depends on their leadership style. That is, the deployment of their institutional powers (with their own inherent limitations), to overcome challenges and exploit opportunities. Political leadership relies on adopting the most appropriate leadership style in a given situation. This paper will explore such considerations with regard to energy sector reform in the states of Western Australia and Victoria during the Governments of Richard Court and Jeff Kennett respectively. Leadership as it applies to policy in the political context requires an empirical approach in order to judge the prescriptive outcomes. We therefore define political leadership (in all its facets) and establish a model of political leadership appropriate when looking at premiers in the Australian context. Finally this model is applied to energy sector reforms in the states of Victoria and Western Australia. Citation: Barton, S., and P. van Onselen. 2003. ‘Comparing Court and Kennett Leadership Styles: Energy Sector Reform in Western Australia and Victoria.’ Policy and Society 22 (2): 119-143. ‘Here’s a Wee Present for You’: The Role of Civic Culture in the Governance of Northern Ireland ( 206Kb) Diarmuid Maguire Abstract: This article explores how civil servants have sought to reform civil society in Northern Ireland during the peace process by using funding of community groups, but also through the discourse necessary to get hold of that funding. It argues that this attempted re-construction of civil society initiated by the state reflects three arguments. First, there is clear evidence of an ideational change among leading civil servants away from sectarianism and towards more liberal conceptions of civil society. Second, the involvement of the European Union in Northern Ireland not only provides some of this funding but is also a model as it shifts from economic unity to political unity. Third, these factors have led to a form of governance based on participatory democracy. This article argues, however, that there is a failure in dealing with existing forms of representative democracy, which ultimately have the power to undermine the peace process. Citation: Maguire, D. 2003. ‘‘Here’s a Wee Present for You’: The Role of Civic Culture in the Governance of Northern Ireland.’ Policy and Society 22 (2): 144-163.

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