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The Land Rights Act and Remote Community Governance: The Impacts of Fifteen Years of Land Tenure Reforms in the Northern Territory(2023) Weepers, JayneThesisSince 2006, remote communities on Aboriginal land in the Northern Territory (NT) have been the target of a series of land tenure reforms, mostly government-initiated. The three most significant are: the roll out of section 19 leases over individual lots, and the grant of government-entity and community-entity township leases over entire communities. These reforms are widespread and long-term. Beforehand, leasing in communities was rare. After these reforms there are now thousands of leases (mostly section 19 leases) over almost every lot in remote communities. Despite their extensive and varied impacts on land rights and remote community governance, there has been little research on the reforms, and none providing the views of Aboriginal people most impacted. Adopting a mixed methods research design, and through a case study on the region of one of the two largest Land Councils, the Central Land Council (CLC), the research examines both the structural impacts and lived experience of these reforms to Aboriginal land rights in the NT. Through interviews with Aboriginal community residents and traditional owners, the research attempts to elevate their voices and experiences. Applying an Aboriginal land governance lens helps to make visible the governance impacts of the reforms, which have been almost invisible in official discourse about the reforms. The research examines the process of the tenure reforms as well as their outcomes. For the first time the insights of those ‘inside’ the policy processes have been collected, helping to shed light on what led to the reforms and why they took the form they did. The research found that the reforms have several consequences that did not appear to be anticipated in government statements about their purpose. These include: modification of the rights of Aboriginal traditional owners and the reframing of their relationship to community residents; and impacts on the role and reach of the Land Councils by both increasing their practical jurisdiction within remote communities, while also creating two additional land rights institutions. Further, these reforms have resulted in a welcome new rental stream for Aboriginal traditional owners, although this too brings governance challenges. The research suggests how future land tenure policies should be designed, and emphasises the need for a governance development approach, rather than a legal, technical one, to designing and implementing tenure reforms in remote communities.
(2021) Li, XunThesisThe aim of this thesis is to utilise transnational regulatory network (TRN) theory to examine the effectiveness of the regulatory framework promulgated by the International Organisation of Securities Commissions (IOSCO) — to address the activities of transnational hedge funds. Scholarship employing TRN theory has not previously accounted for the distinctive role that IOSCO — a body well-described as a TRN — has played in developing hedge fund regulation to prevent, identify and mitigate systemic risk related to transnational hedge funds. It is a gap that this thesis attempts to fill. This thesis asks whether and in what ways the IOSCO framework contributes to systemic risk mitigation in relation to transnational hedge funds operating at the global level. It does so to help academics and policymakers to better understand and appreciate the value, and overcome the limitations of IOSCO in this respect. Using the case studies of the failure of Long-Term Capital Management at the end of the 20th century and the demise of Bear Stearns’ hedge funds during the global financial crisis, it argues that it is the systemic hazards posed by hedge funds that make them merit extra regulation at both national and transnational levels. Deploying the findings of the TRN theory, it further demonstrates that the IOSCO framework for transnational hedge fund regulation holds not only advantages to be maintained but also shortcomings to be overcome in addressing these systemic hazards. The significance of this study lies in its contribution to advancing comprehension of the global regulatory framework for transnational hedge funds. It makes the advance by introducing a focus on systemic risk mitigation, hitherto lacking, and developing a critical, doctrinal understanding of the relatively understudied rules and standards under IOSCO.