Thesis Abstract:
One of the main universal rights is the right to life. In the employment setting, employees’ right to life encapsulates more than a mere right to the continuation of life. The right to life includes the right to liberty of the person and the right to effective health care. When the right to life is imported into the employment setting, this thesis argues employees have a right to bodily integrity. Without enforcement however, this right is meaningless. The Grand Chamber of the European Court of Human Rights has found that the right to life in article 3 and the right to an effective remedy in article 13 imposes a procedural obligation upon member nations to enforce the right to life. The right to health and security of the person is meaningless without access to health care. When this approach to the enforcement of the right to life is applied in the employment setting, the right to bodily integrity is meaningless unless occupational health and safety (“OHS”) laws are enforced.
While employees have a right to life, employers have a right to property. The right to property entitles employers to conduct their enterprises in a profitable manner. OHS laws must balance employees’ rights and employers’ rights when distributing duties and liabilities. This thesis will develop a “rights standard” to judge “good and “bad” OHS laws. This thesis will contend that in balancing these competing rights, a “good” law will regard employees’ right to life as more important than employers’ right to property. The thesis will further regard a law as “bad”, where it protects employers’ right to property, at the expense of employees’ right to life.
The thesis will use the rights standard to examine Australian international manufacturing supply chains. With the increase in globalization Australian corporations are increasingly able to outsource work internationally. Even though Australian corporations benefit from the use of international supply chains, Australian corporations have no legal liability for the OHS conditions of workers at the bottom of their supply chains. This thesis will use the rights standard to determine, whether OHS laws protecting workers at the bottom of supply chains where the work is performed domestically, in Australia, and internationally, in China, are “good” or “bad”. In determining whether OHS laws are “good” or “bad”, this thesis will attach responsibility, not according to the corporate veil, but according to the concept of group responsibility. If OHS laws are “bad”, then this thesis will examine methods Australian governments can take to improve the safety protections of workers working at the bottom of supply chains where the manufactured products appear for retail sale in Australia.
The thesis will examine the possibility of inserting a social clause into the current negotiations for an Australia China Free Trade Agreement. The thesis will examine a United States of America (“USA”) free trade agreement (“FTA”) specifically on manufacturing in the garment industry. After noting the short comings of seeking to introduce a social clause, the thesis will explore the possibility of Australia based supply chain regulation.
The thesis will explore existing Australian models for extraterritorial supply chain regulation. These schemes use intra-jurisdictional regulation of contract to regulate inter-jurisdictional commercial relationships within Australian territories. The thesis will argue, the model of domestic cross-jurisdictional supply chain regulation should be adopted and expanded, by the Commonwealth and/or State governments, to globally regulate the OHS conditions of workers, working in Australian based supply chains through a model of international cross-jurisdictional supply chain regulation.
Publications:
Refereed journal articles
1. Paul Harpur, ‘Clothing manufacturing supply chains, contractual layers and hold harmless clauses: How OHS duties can be imposed over retailers’ (2008) Australian Journal of Labor Law – publication accepted, referees comments implemented and awaiting proof from publisher.
2. Paul Harpur, ‘OHS issues to the board: Company directors face jail and fines for their companies’ lack of safety’ (2008) Bond University Corporate Governance E-Journal.
3. Nic Suzor, Paul Harpur and Dylan Thampapillai, ‘Digital Copyright and Disability Discrimination: From Braille Books to Bookshare’(2008) 13 Media and Arts Law Review 1. [1]
4. Paul Harpur, ‘The evolving nature of the right to life: The impact of positive human rights obligations’ (2007) 9 The University of Notre Dame Australia Law Journal, 95.
5. Paul Harpur, ‘Occupational health and safety duties to protect outworkers: The failure of regulatory intervention and calls for reform’ (2007) 12 Deakin Law Review 2, 48.
6. Paul Harpur, ‘Regulating multi-national corporations through State-based laws: Problems with enforcing human rights under the A Alien Tort Statute’ (2006) 13 International Law Journal – Final proof approved and with publishers.
7. Paul Harpur, ‘Work Choices: An international comparison’ (2007) 6 QUT Law and Justice Journal 1, 89.
8. Paul Harpur, ‘The financial benefit for insurers: Mediate in personal injuries disputes’ (2004) 2 Australasian Dispute Resolution Journal 70.
9. Paul Harpur, ‘Charity Law’s Public Benefit Test: Is Legislative Reform in the Public Interest?’ (2003) 3 QUT Law & Justice Journal 422.
Book chapters and refereed conferences
1. Paul Harpur, ‘OHS issues to the board: Company directors face jail and fines for their companies’ lack of safety’ in Institute of Chartered Financial Analysts of India (Ed) Directors Liability (2008) Amicus Books – Publication pending.
2. Paul Harpur, ’Private fears, public monies: FOI disclosure of private sector tender information’ (2005) Shaping administrative law for the next generation: Fresh perspectives, Australian Institute of Administrative Law, 130. [2]
Other significant publications
1. Ross Ashcroft, Paul Harpur and David Charles, ‘Professional life outside the mainstream: Part 1’ (2008) 7 Proctor.
2. Paul Harpur and Anusha Goonetilleke, ‘Sovereign immunity and Charles Taylor: Advancesfor prosecuting heads of state’ (2008) Red Cross International Humanitarian Law Papers.
3. Paul Harpur, ‘Occupational health and safety: statutory protection or human right?’ (presented at the Australian Labour Law Association’s Third Biennial Conference, Brisbane, September 2006.
3. Paul Harpur, ‘FOI disclosure of private sector tender information’ (paper presented at the 2004 National Administrative Law Forum, Hobart, 2004).
4. Paul Harpur, ‘Sport and the Law, Integrating Athletics’ (2004) 29 Alternative Law Journal, 3.
5. Paul Harpur, ‘The Test for ‘endangering safety’ (2004) 1 Privacy Law 6. [3]
Awards:
Nominated vor the Vice Chancellor’s Teaching Prize, September 2007.
QUT Teaching Commendation, March 2007, for ‘approaches to teaching that influence, motivate and inspire students to learn; and for the respect and support for the development of students as individuals’.
The International Law Association Nygh Prize for 2006 for my paper ‘Domestic courts in private international law: The American experience’.
Australian Commonwealth Government’s Centenary Medal 2002
LexisNexis Butterworths Prize - Administrative Law 2002
Gilshenan & Luton Prize – Administrative Law 2002
Supervisors:
Professor Des Butler
Dr Sara Davies
Why Paul chose to study at the Faculty of Law:
Paul was attracted to the QUT’s Law Faculty due to the combination of teaching, research and subject matter expertise.
When Paul was choosing where to undertake his PHD, the most important aspect was the depth of teaching staff. Having a principal supervisor who was a great researcher with subject matter expertise was only useful, if the supervisor could impart that knowledge. Paul had studied under Des previously and was impressed with his teaching style. As a teacher, Des has wide recognition, receiving the prestigious national Carrick Australia Award in 2006, receiving Law Faculty Teaching Excellence Awards and a Vice-Chancellor’s Distinguished Teaching Award.
As researchers Des and Sara have demonstrated their ability to produce and supervise high level research. Both have PHDs, Des has previously been the Assistant Dean of Research and both have extensive list of government and university sponsored research grants and textbook and journal publications.
Paul’s PHD uses human rights to analyse occupational health and safety in Australian based manufacturing supply chains. Paul has studied industrial law across 2 under-graduate degrees and his Masters of Laws and practiced as an industrial lawyer and consultant. Paul’s weakness was human rights. Paul therefore sought an Assistant Supervisor with human rights expertise. Sara fit the bill, with her PHD in human rights law, her involvement with the QUT’s Responding to Terrorism Project, numerous textbooks, textbook chapters and journal articles on human rights.
Biography:
Paul Harpur has completed a combined Business and Law degree with Honours, a Masters of Laws with a grade point average of 6.5 and is now a PHD candidate with the Queensland University of Technoloty’s Law Faculty. Paul’s research capabilities have been recognised in prize winning publications in the International Law Journal, Australasian Journal of Alternative Dispute Resolution, QUT Law and Justice Journal and other publications. Paul’s research has been utilized by bodies associated with the Australian Commonwealth Government, the Scottish Government and the United Nations.
In addition to research expertise, Paul brings a depth of practical experience to his research. Paul has previously worked for the Queensland Government, Blake Dawson Waldron Solicitors, Dibbs Abbott Stillman Solicitors and now works as a part-time consultant with Australia’s largest industrial consultancy, Livingstones Australia.
In his free time, Paul continues his involvement with elite sport as a mentor. Paul has previously represented Australia in two Commonwealth Games, two Paralympics and two World Titles. Paul received a silver medal in the 2003 World Titles for the 400m dash, holds the 100m record (heats of the 2006 Melbourne Commonwealth Games) and has been awarded various honorary positions associated with sport.
