Inhibiting economic coercion by groups: an examination of the economic torts and anti-secondary boycott laws in Australia

Goodwin, D 2017, Inhibiting economic coercion by groups: an examination of the economic torts and anti-secondary boycott laws in Australia, Doctor of Philosophy (PhD), Business and Law, RMIT University.


Document type: Thesis
Collection: Theses

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Title Inhibiting economic coercion by groups: an examination of the economic torts and anti-secondary boycott laws in Australia
Author(s) Goodwin, D
Year 2017
Abstract This thesis explores legal boundaries restricting economic coercion, by persons in groups and by groups acting in concert. When groups take collective action targeted at another party there is potential for considerable damage to be inflicted. What forms of coercion should the law allow, what justifications are advanced for conduct and by what means should the ambit of prohibitions be confined? The issues are studied within the context of the private political contest between activist groups such as environmental NGOs, and for-profit corporations. The boundaries of permissible conduct have historically been defined by the rules of common law economic torts - causing loss by unlawful means, conspiracy, intimidation and inducing breach of contract – and in more recent times by statutory interventions by Parliaments, including limitations on boycott conduct under competition laws. Through doctrinal research and analysis of judicial opinions, the current settings of the laws in these areas, as they apply in Australia, are examined. The study takes account of normative and policy considerations, including the advances that have occurred in the practice and effectiveness of modern-day activism. It addresses the challenge of setting defensible legal compromises in situations where there are conflicts between competing rights and priorities. The study outlines modifications and adaptations of existing rules that may be considered by lawmakers in order to improve the coherence of long-established legal doctrines, while enhancing societal welfare.
Degree Doctor of Philosophy (PhD)
Institution RMIT University
School, Department or Centre Business and Law
Subjects Tort Law
Keyword(s) Economic torts
Secondary boycotts
Economic coercion
Environmental protection
Justification defences
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Created: Thu, 21 Dec 2017, 12:29:24 EST by Denise Paciocco
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