Law & Justice

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  • (2022) Frishling, Nana
    Thesis
    This thesis is about multi-stakeholder initiatives that seek to regulate the human rights impacts of global apparel supply chains (Apparel MSIs). MSIs have the aim of improving human rights for millions of apparel workers worldwide, but after two decades they show little evidence of such improvement. Civil society critics argue that MSIs are ineffective, unreformable private regulation that is not fit-for-purpose and lacks legitimacy. This thesis argues that Apparel MSIs still perform a valuable regulatory function, however they must adopt new regulatory approaches. These include moving beyond social audit as a regulatory technique, expanding stakeholder participation and better measuring and communicating impact. MSIs must transform to realise their aim of improving apparel workers human rights and consequently preserve their legitimacy. To understand and contribute to this transformation the thesis method incorporates existing literature; it applies theoretical frameworks; and the insights of original empirical research. From the latter the voices of worker advocates, union leaders and academics reveal recent and promising regulatory innovations and changes in MSIs. Along with this empirical research, the original contributions of this thesis are to emphasise the interconnected nature of legitimacy criteria and assess the overall legitimacy of Apparel MSIs in the light of the functional model adopted by each MSI. This legitimacy analysis is supported by the regulatory theory of responsive regulation, which explicitly contemplates self-regulatory forms like MSIs. The original contribution of bringing responsive regulation to bear on Apparel MSIs, provides new insights into how they can bolster their regulatory effectiveness and legitimacy. Interviews undertaken with key stakeholders provide a sociological perspective to this analysis. Interview data also drive the final recommendations for reform which coming from MSI stakeholders point to recent innovations in private regulation as a more promising alternative. Given the opportunity to build a more just world after the Covid-19 pandemic, these recommendations could not come at a more critical juncture.

  • (2023) Guidi, Caterina
    Thesis
    Climate change poses serious challenges for forests and thus for sustainable forest management (SFM). The concept of resilience has been identified as a useful tool in minimising the impacts of climate change on forests. However, while the utility of the concept has been recognised generally in the literature, and seven principles of ‘Resilience Thinking’ have been designed, application of the concept in the context of SFM has yet to be examined. Under international commitments, Australia is obliged both to account for climate change impacts in SFM and to work to increase forest resilience in order to minimise those impacts and ensure the sustainability of forests into the future. Using the ‘Resilience Thinking’ principles as a framework, this thesis examines SFM legislation and policies in Tasmania and New South Wales (NSW) to ascertain the extent to which they support forest resilience to climate change. In particular, it assesses whether and how each principle is considered in the development and implementation of SFM systems. Four major challenges to the development and implementation of SFM legislation and policies capable of supporting forest resilience are identified: fragmentation of SFM systems; inadequate participation in forest decision-making; the absence of active adaptive management in forest reserves; and SFM legislation and policy mechanisms that fall short in dealing with both the short and long-term uncertainties of climate change impacts on forests. Reflecting on those challenges, the thesis proposes and examines possible solutions including: the application of an integrated landscape approach to SFM; options for improved participation by a more diverse range of actors in periodic goal setting and management actions; the application of active adaptive management aimed specifically at building resilience in reserve areas; and the incorporation of short and long-term goals into decision-making through adequate monitoring, reporting and evaluation systems utilising specific resilience criteria and indicators. In applying the ‘Resilience Thinking’ principles in the SFM context for the first time, the thesis lays the groundwork for further consideration of the challenges and solutions to implementing resilience beyond the case studies.