Christopher Jon Arup

Monash University (Australia) · Department of Business Law and Taxation

This paper reviews the experience with access to vaccines during the pandemic. Its inquiry is the extent to which pharmaceutical patents have hindered or enhanced access when compared to other factors or conditions like health spending, manufacturing capacity, and regulatory competence. To conduct the review, the paper queries the regulatory govern...

Recent disruptions to the usual working conditions, such as the pandemic, highlight the insecurity of the minimum waged, casually employed working poor; they also point up the precarity of the heavily indebted, over-worked middle-class. Contrasting the cause of social protection with that of market liberty, this study examines the terms of the secu...

This paper gauges the tenor of public discourse around employment and social security law. Recent disruptions highlight the insecurity of the minimum waged, casually employed working poor; they also point up the precarity of the heavily indebted, overworked middle-class. Contrasting the cause of social protection with the paradigm of market liberty...

How does law regulate the system of food production and consumption? This study distinguishes three roles for law: supporting private regulation by industry through the market, supporting civil society co-regulation with industry and government, and supporting direct government regulation. This study employs empirical methods to assesses the progre...

This article studies food work regulation to connect legal practices with industrial relations and the organisation of work. It identifies how food providers take advantage of labour law liberalisation as they reorganise food distribution and delivery and compete for the household meal. In particular, the article assesses their capacity to practise...

This paper examines the roles law plays in the strategies which food producers pursue competing for the distribution and delivery of the household meal. It tracks the producers’ use of liberal labour law when they compete by increasing labour flexibility and reducing labour costs. The concern behind the inquiry is whether the convenience of our hou...

How can labour standards be enforced in supermarket food supply chains? The article first asks where power lies in these chains, either to degrade or elevate labour standards. Liberal labour law supports business models in which such power may be exercised without responsibility. The article evaluates public law regulatory responses seeking to harn...

This study examines the Australian Capital Territory (ACT) government's navigation of its land-use planning law to implement a supermarket competition policy. It shows how big issues of economic competition and urban planning are worked through the particulars and processes of legal regulation. The study tests whether local planning law might be ab...

The purpose of this article is to evaluate empirically the case for a proposed competition policy law reform. If implemented, the reform would roll back land-use planning regulation, so that supermarket businesses enjoy greater freedom to regulate privately where and with what format they site their stores. In particular, large corporate supermarke...

This paper presents a way to think about a legal solution to an intractable problem, reconciling a now worldwide patent rights regime with access to essential medicines. In doing so, it insists that the potentialities of the current TRIPS flexibilities be assessed realistically. The focus is on the Indian legal experience of the flexibilities but,...

This working paper reviews the research into a market mechanism for carbon farming and forestry. The review locates the empirical studies within a debate about the perspective that socio-legal researchers should adopt. Within the frame of regulatory studies, it is possible for researchers to investigate whether reforms can be made, so that offsets...

This chapter assesses the contribution regional FTAs make to the governance of patents and pharmaceuticals. In regulating trade, these FTAs form part of an international pattern of intellectual property law making. The chapter puts the provisions of the FTA Australia made with the United States in the context of international agreements and nationa...

To support carbon markets, regulators must engage in a continuous process of learning. This article explores offsets regulation in the compliance markets of Europe, the United States and China, alongside the Clean Development Mechanism, to identify what has been learnt since offsets were initiated. We argue that offsets regulation must learn to wor...

Commodification is once again a dominant theme to capitalism. Should regulatory capitalism embrace or resist commodification? As a gauge, the paper examines recent experience with the claims that small-scale farming is strengthened through the sympathetic commodification of traditional knowledge, carbon storage and financial futures. It finds that...

Working within a framework of regulatory governance, this paper collects the experience with the Australian Labor Government's carbon pricing mechanism and trading system near to the 2013 national parliamentary election. It also foreshadows the Coalition parties' direct action plan.

This volume of essays contributes to the understanding of global law reform by questioning the assumption in law and development theory that laws fail to transfer because of shortcomings in project design and implementation. It brings together leading scholars who demonstrate that a synthesis of law and development, comparative law and regulatory p...

This paper is a record of an Australian experiment in regulatory governance up until early 2012. The experiment provides an opportunity to study regulatory governance at the intersection of profound environmental and economic crises. The information is collected here in order to complete an appraisal of regulatory governance as a means to build a s...

Where are the courts currently drawing the lines, between the employer's confidential information and connections with customers and the employee's own explicit, tacit and personal knowledge, when they are asked to enforce restraints of trade? As part of the new social economy, we see a temporal contradiction - between the desire for immediate cont...

Process based regulation has proved responsive and reflexive in dealing with the plural subjects of regulation and the different worlds they inhabit. However, regulatory failures, and the financial crises we are now undergoing, are testing the capacities of these regulatory modes. This paper argues that regulation has a future, but it should make e...

Process based regulation has proved responsive and reflexive in dealing with the plural subjects of regulation and the different worlds they inhabit. However, regulatory failures, and the financial crises we are now undergoing, are testing the capacities of these regulatory modes. This paper argues that regulation has a future, but it should make e...

Regulatory and governance studies help locate power and responsibility in the global financial crisis. I argue that corporate and state power worked together in centers like New York and London to shape regulation and that power was spread around the world. In the response to the crisis, responsibility for regulation will remain largely systems-bas...

Following 13 years of Labor government at the Federal level a Liberal/National Party Coalition government was elected to office in the Australian general election of 1996. This government was subsequently re-elected in 1998, 2001, and again in 2004, before finally losing power in the 2007 Federal election. Industrial relations and labour law policy...

A basic test of a labour law regime is the enforcement of minimum wage and other entitlements. This paper is concerned with the recovery of underpayments especially recovery of ‘small’ amounts by workers who are vulnerable in the marketplace. We gauge levels and quality of access to the legal information and advice which is necessary for workers to...

This state-of-the-art study argues that reforms to intellectual property (IP) should be based on the ways IP is interacting with new technologies, business models, work patterns and social mores. It identifies emerging IP reform proposals and experiments, indicating first how more rigor and independence can be built into the grant of IP rights so t...

This state-of-the-art study argues that reforms to intellectual property (IP) should be based on the ways IP is interacting with new technologies, business models, work patterns and social mores. It identifies emerging IP reform proposals and experiments, indicating first how more rigor and independence can be built into the grant of IP rights so t...

This paper offers a way of thinking about the field of TRIPs interpretation - not so much the record of interpretive practices as the continuing competitive and cooperative efforts to structure interpretation selectively and steer a path through the criss-cross of regulation. Interpretation is not a mechanical task, it depends on who is deciding an...

The paper considers how implementation strategies for the promotion of innovation implicate the forms of law in Western economies. Pursuing the example of computer software production, it traces the tension in the form of the law between liberalism and corporatism, property and administration, and rule and discretion. It examines developments in th...

The mooting late in 1976 of changes in the powers of the Commonwealth to retire its employees on grounds of redundancy sharpened interest in the legal dimension of security in public employment in Australia. If it were to become law, the Commonwealth Employees (Redeployment and Retirement) Bill 1976 would modestly consolidate the legislative powers...

While economics, politics and even culture are keys to the free trade agreements, legal design is also important. The design of the legal structure involves strategic choices, aimed primarily to promote as much liberalisation as possible, but also, in doing so, to manage or mediate the relationship with the regulatory competence which governments w...

The WTO intellectual property and services agreements (TRIPs and GATS) form the global legal framework in which governments now regulate trade in knowledge. This second edition analyses the provisions of the agreements and examines closely the thirteen years of implementation and revision. Gathering together the interpretations placed on the agreem...

On election, in 2008, the new Australian Government put a stop to the Research Quality Framework (RQF) which was gearing up for its first assessment round. Nonetheless, the Government has since announced that its place will be taken by a new research quality and evaluation system, the Excellence in Research for Australia initiative (ERA). 1 ERA wil...

This paper examines the disjuncture that has developed in the Australian legal sector between the expectations of the large firm employers and new law graduates. This disjuncture is causing hardship to graduates and undermining versatile skill development in the sector. Under current conditions of entry to the profession, corporate law firm policy...

In this chapter, China's commitments to liberalization of trade in professional services are assessed against the norms and disciplines of the General Agreement on Trade in Services (GATS) and the regulatory measures that other WTO Member States have maintained. The focus is on the outcome for legal services, making some mention too of accountancy...

This paper presents an analysis of the inter-relationship between employment promotion policies in Australia and labour law. Surveying recent trends in policy, it identifies the role that law has played in employment promotion in the past twenty years. It then examines the relationship between these recent developments and labour law's 'traditional...

Increasingly, international trade law demands that national competition policy play a role making domestic markets more accessible to foreign traders. But can international competition policy also control transnational business practices? New international intellectual property power is providing a reason why such control is needed. This article ga...

Innovation is widely held to be a central concern of economic policy and a key element in the transformation of the economy. This book, first published in 1993, illustrates the connections between innovation, policy and law and shows the ways in which the law can work as a key instrument of innovation policy. A cross-disciplinary study, it consider...

Law plays an important part in innovation policy. It is represented in a wide range of relevant policies such as intellectual property, trade and competition, industry assistance and government enterprise policy. Law acts however both as an instrument of government policy and as a check on that policy. These two sides to law can be illustrated by t...

Economic and technological developments suggest that the Commonwealth will again be pressed to consider the enactment of a scheme to guarantee universally either a minimum income or a job opportunity. In this article, Mr Arup examines the debate over the efficacy of the two guarantees, concentrating upon their structural problems and operational di...

In this note the various powers of the Commonwealth employer to suspend employees engaging in industrial action are examined and the need for the Commonwealth Employees (Employment Provisions) Act 1977′ is considered. The legal rights and obligations of the Commonwealth employer and employee regarding suspension rest fundamentally with the contract...

Employers have a right to standdown employees if they cannot be usefully employed. This right is guaranteed in the contract of employment and is also recognised in federal and state awards. However, the use of these clauses has altered over the years as a result of varying award provisions and court judgements. Employees may be stood down if they c...

Legal safeguards for individuals of employment or income will be one part of a government's reaction to fluctuation and change in industries. Mr Arup e~amines present federal asssurances of security of employment and income and capacities to implement further assurances in line with overall economic rationality. He concludes that there are limitati...

INTRODUCTION In their review of labour law literature Bob Hepple and William Brown argue that the main concern of future research, at least in Britain, ought to be with legislative intervention and that it should address two inter-related questions: what lies behind the legislation, and how does the legislation function?' The two writers suggested...

No Yes

Christopher Arup, especialista en leyes internacionales, afirma que con los nuevos acuerdos comerciales de servicios y de propiedad intelectual, la Organización Mundial de Comercio (OMC) ha aumentado su influencia planetaria. Esta obra ofrece un análisis y una contextualización de dichos acuerdos. El impacto de la OMC se percibe a través de su medi...

This paper makes a small contribution to our understanding of the interpretation of the TRIPs agreement. It is also to serve as a report on my own previous work. The paper offers a way of thinking about the field and some snapshots of interpretations over time - not just the record of interpretive practices but the continuing competitive efforts to...