Intellectual property expert Prof Natalie Stoianoff demonstrates the value of the Delphi Method and Second Track processes in developing laws and regulations that aim to achieve social change. One of her case studies deals with environmental tax and climate policy reform, while another shows how Indigenous legal systems can be integrated within the framework of Australian common law.
In: Guglyuvatyy E and Stoianoff N (2020) 'Australian Carbon Policy: Two Steps Forward, One Step Backwards?' in Zachariadis T, Kreiser L, Milne J E and Ashiabor H (eds.) 'Green Fiscal Reform for a Sustainable Future - Reform, Innovation and Renewable Energy', Edward Elgar Publishing
In: Guglyuvatyy E and Stoianoff N (2016) 'Carbon Policy in Australia – A Political History' in Stoianoff N, Kreiser L, Butcher B, Milne J E and Ashiabor H (eds.) 'Green Fiscal Reform for a Sustainable Future - Reform, Innovation and Renewable Energy', Edward Elgar Publishing
In: Patricia Adjei & Natalie P. Stoianoff, The World Intellectual Property Organisation (WIPO) and the Intergovernmental Committee: Developments on Traditional Knowledge and Cultural Expressions, Intellectual Property Forum Issue 92, March 2013, 37-48.
AbstractThis article examines the extent to which a recent law reform initiative in New South Wales (NSW), Australia—the draft Aboriginal Cultural Heritage Bill 2018 (NSW)—advances the general principles outlined in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The examination reveals some improvements on the current legal framework and some concerning proposals that distance the NSW government from the UNDRIP principles. Key concerns include a proposed transfer of administrative responsibility to Aboriginal bodies with no corresponding guarantee of funding; the continued vesting of key decision-making powers in government; inept provisions for the protection of secret knowledge; and lower penalties for harming cultural heritage than for related offences in existing environmental and planning legislation. Given the bill's weaknesses, the article explores pragmatic alternatives to better advance the UNDRIP principles.