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This thesis clarifies the rationale for the protection of the rights of broadcasting organisations and attempts to provide a theoretical basis for reforming the current regime. This research explores the formation and contents of legislation for protecting the rights of broadcasting organisations and analyses the current issues by means of a comparative study of Australian and Japanese law. The thesis starts with an introduction setting out the parameters of the argument, examination of previous research in relation to the topic, explanation of two approaches to the protection of broadcasters’ rights, the hypothesis, the scope, the material covered and the structure of the thesis. It then provides a detailed explanation of the key concepts (broadcasting, broadcasting organisation and the rights of broadcasting organisations). The research analyses the legal context in which those concepts operate in order to establish the scope of the legal inquiry into the rights of broadcasting organisations. The thesis then examines the international conventions and transnational legislation regarding protection of the rights of broadcasting organisations in order to provide a complete picture of the current situation at the international level. Following analysis of the present situation, the thesis examines the new communication technologies and critically reviews the ongoing discussions for the reform of the current international protection of the rights of broadcasting organisations by the Standing Committee on Copyright and Related Rights in the World Intellectual Property Organisation. The thesis argues that the problems that broadcasting organisations are currently facing stem from the unsatisfactory understanding of the rationale for the protection of broadcasters’ rights. The thesis further argues from the analysis of the Australian Copyright Act 1968 (Cth) as representative of the common law or copyright approach that the rationale for the protection of broadcasters’ rights are in transition. This view is further advanced by the findings obtained as a result of analysis of the Japanese Copyright Law as representative of the civil law approach. The research reveals that the rationale for protection under Japanese law has long been misconceived. The research concludes that the current difficulties in considering the effective reform of the protection of the rights of broadcasting organisations both at the international and national level arose out of the lack of understanding of the rationale for protection.

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‘…more citizens… receive their justice from agencies than the courts’ (Chitra: 3). The last 30 years of administrative law practice in Australia have been characterised by the proliferation of tribunals and other bodies engaged in quasi-judicial work. These organisations have developed on a largely ad hoc basis, particularly at the state and territory level. Despite this rapid growth – or perhaps as a result of it - a clear articulation of the underlying practice principles pertinent to tribunals has yet to occur in any coherent fashion. This thesis canvasses the current mechanisms used to assist tribunal members in their work, including legislative and ethical parameters. The argument is then mounted that more guidance is needed in relation to the normative excellences of the tribunal member’s role. An analysis of the systemic and cultural challenges faced by the sector is presented, highlighting the lack of sector definition, disparate practices, resource limitations and institutional isolation that characterise Australian tribunal work. Canadian and United Kingdom experiences provide a useful context for Australian impediments and developments. A state-based merits review body is used as a case study throughout the thesis to illustrate these issues. It is posited that greater emphasis upon the philosophical underpinnings of tribunal practice will assist in improving cohesion among sector members, leading to enhanced delivery of administrative justice. A stance from virtue ethics is adopted as a starting point for this endeavour, on the basis that improved decision-making commences with close analysis of the excellences defining the tribunal member’s role. This aretaic approach highlights the importance of ‘practical wisdom’ or phronesis in tribunal work. Methods for implementing and enhancing discussion of relevant tribunal practice principles are then examined, with various innovative legal training tools being nominated as particularly useful in the tribunal context. The tribunal sector is generally seen to have operated adequately to date. A more normative approach to decisionmaking excellence within the tribunal field is required, however, with this thesis forming the staring point of such analysis.

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Thesis (M.S. in Joint Campaign Planning and Strategy)--Joint Forces Staff College, Joint Advanced Warfighting School, 2008. / Title from PDF title page; viewed on Oct. 28, 2008. "4 April 2008." Electronic version of original print document. Includes bibliographical references (p. 83-88).

Thesis (M.S.)--University of Wisconsin -- La Crosse, 1977. / Digitized and made available by the University of Wisconsin--La Crosse, Murphy Library. Includes bibliographical references (leaves 52-53). Online version of print edition.

Thesis (M.S.)--University of Wisconsin--Madison, 1969. / eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references.

Thesis (Ph. D.)--Washington State University, May 2009. / Title from PDF title page (viewed on June 9, 2009). "School of Economic Sciences." Includes bibliographical references.