bluuebunny/crossref_metadata_2025 huggingface dataset:
SOBRE O DIREITO À PARTICIPAÇÃO POLÍTICA E O DEVER DE LAICIDADE NA AÇÃO DIRETA DE INCONSTITUCIONALIDADE - ADI N. 4.439/DF
Authors: Oliveira Wagner Vinicius de
Published: September 2019

Esse artigo analisa o contraste existente entre a participação política e o dever de laicidade do Estado brasileiro, cujo exame se apresenta inegavelmente atual e necessário. Com o objetivo geral de contribuir para a construção do conceito inclusivo de laicidade, a devassa será baseada nos direitos humanos e nos direitos e garantias fundamentais. Adota-se como metodologia de trabalho a análise bibliográfica para a fundamentação teórica de uma perspectiva plural e aberta para as deliberações sobre a agenda pública. A partir dos dados levantados, constata-se a tensão entre o dever de laicidade estatal e as participações das instituições religiosas, inicialmente prevaleceu a ideia de que laicidade é sinônimo de exclusão do debate público. Contudo, esse posicionamento, contrário ao paradigma democrático, é confrontado com a Ação Direta de Inconstitucionalidade - ADI n. 4.439/DF, que contou com expressivas participações das instituições religiosas como amici curiae. Por fim, sugere-se as participações de diversas instituições, religiosas ou não, como forma de aumentar a legitimidade acerca das deliberações sobre a pauta pública, ressalta-se que as colaborações das instituições religiosas no debate sobre os interesses públicos, não devem se restringir a um mero protocolo.
The new dimensions of the Middle East and their impact on the geopolitics of the Iraqi state after 2003 as a starting point
Authors: Hameed Ali Hussein , Hashem Firas Abbas
Published: September 2019

This study deals with a situation changes taking place in the Middle East region as a result of competition and conflict between the projects and visions of the major powers towards the region as a reflection of the process of disintegration of the Arab regional system and its pillars after the US occupation of Iraq in 2003. The study focuses on the risks resulting from the widening role of the peripheral forces and the growing differences between the regional powers after the US occupation of Iraq. The study attempts to identify the evolution of the domestic political situation of countries and how the decision-makers are preoccupied with internal matters at the expense of regional issues. However, the study revealed that the regional power has benefited from the regional transformations witnessed in the region and expanded its influence and regional role. On the local scene because of the manifestations of the separatist movement in light of the desire of the Kurds to declare separation from Iraq reflects the growing and growing indicators of the potential internal political conflict as a result of serious challenges
Trends of Turkish foreign policy in the era of the Justice and Development Party and its implications for Turkish-Gulf relations
Authors: Khazar Fahad Mezban
Published: September 2019

Turkey sought with the arrival of the Islamic-oriented Justice and Development Party (AKP) in 2002 to adopt an effective foreign policy based on several principles: the right balance between freedom and security, the problems with neighboring countries, the influence on the internal and external regions of neighboring countries, Multidimensional, and harmonious diplomacy. Turkey has emerged as a regional power and a pivotal player in its regional environment and has sought to develop bilateral relations with countries in the Middle East, including the Middle East, The GCC, which has become one of the important dialogue circles in Turkey's foreign policy.

  The aim of the research is to review the principles of the new Turkish foreign policy in the era of the AKP government first, and then to explain the motives for the development of Turkey's relations with the GCC countries and their obstacles. Secondly, the analysis of the economic indicators that give a more accurate picture of the course of Turkish- "Finally," the future of the Turkish-Gulf relations in the light of the geopolitical realities and the developments of the internal and external environment (regional and international).
Kuwaiti Foreign Policy Towards Iraq: A Future Analytical Study
Authors: Rashid Salman Saddam Abdul Sattar
Published: September 2019

It is well known that the study of foreign policy of any country in the world is undoubtedly one of the important topics in the international political affairs and the reason for this is that the state and at the level of domestic policy is a reflection of its foreign policy in light of a complex international environment. As Iraq has undergone several chronic and chronic crises, it must have an ambitious and efficient foreign policy towards the international and regional environment in particular as it directly influences it.

  In this study, we will focus on one of Iraq's regional crises with neighboring countries, namely, Kuwait's foreign policy towards Iraq. Countries and countries, according to international dealing standards and influential international effectiveness, are no longer measured by their geopolitical, demographic or military size, but by their political effectiveness and political weight based on how these are adapted. Relations between the Gulf and the Gulf region, as Iraq has gone through several crises and Kuwait was one of them, it must be a prospective study describing the nature of the relationship that may take several possibilities or future scenes and h Insulting the nature of international and regional changes that are characterized by tension and attraction from time to time.

 The reason for choosing the future of Kuwaiti-Iraqi relations comes from the nature of the State of Kuwait itself. It is not a state of institutions that meet all the specifications of a democratic state according to the Western liberal vision. It is a hereditary state based on the transfer of power by succession. Making the Emir, government institutions and social figures under the title of tribal and religious identities and local leaders as inputs that no decision maker can transcend in understanding the mechanism of making foreign or domestic policy in them. Kuwait has the privileges of staying the status of Kuwait away, even if ostensibly and not involved in regional events and at the same time open regionally, so Kuwait was more inclined to diplomatic means at the level of foreign policy, except in the case of Iraq has tended to create an international and regional environment hostile to Iraq after 1990, which is still Suffers from the effects of that policy to this day.
Conflict of international and regional strategies and the future of wars in the Arab region "Political stability or political chaos"
Authors: Jassim Dawood Ahmed Fadel
Published: September 2019

The Arab region is of great importance as an important part of the Middle East for both international and regional powers.This importance has placed it and its peoples in the suffering of international and regional interventions and has placed it in a state of permanent instability as it witnessed international and regional competition that increased significantly after the US intervention in Iraq in 2003. Accordingly, the research aims to shed light on the strategic directions of the global and regional powers by knowing their objectives separately, such as American, Russian, Turkish, Israeli and Iranian. The course aims at determining the future of this region in terms of political stability and lack thereof. Therefore, the hypothesis of the research comes from [that the different strategic visions and political and economic interests between the international and regional powers have exacerbated the conflicts between those forces and their alliances within the Arab region.. The third deals with the future of the Arab region in light of the conflict of these strategies.

Accordingly, the research reached a number of conclusions confirming the continuation of international and regional competition within the Arab region, as well as the continuation of the state of conflict, tension, instability and chaos in the near term, as a result of the inability of Arab countries to overcome their political differences on the one hand and also their inability to advance their Arab reality. In the face of external challenges on the other.
Major powers and geopolitical transformations in the Middle East: competing visions for managing international and regional balances
Authors: Kamil Marwan Awni
Published: September 2019

This study attempts to give a description and analysis derived from the new realism school in the international relations of the visions of the great powers of the geopolitical changes witnessed in the Middle East after 2011 and the corresponding effects at the level of the international system. It also examines the alliances of the major powers in the region and its policies, with a fixed and variable statement to produce a reading that is based on a certain degree of comprehensiveness and objectivity.
From Border Security to National Security: Change in Turkish Foreign Policy Towards the Middle East After 2016 (A Realistic Perspective)
Authors: Hameed Anas Hassan
Published: September 2019

The Turkish Republic ended the twentieth century without any significant role in the Middle East. From the end of World War One until the end of the 20th century, Turkey adopted a foreign policy based on isolation from its Arab region and a role that does not exceed its Western allies in international affairs. The Turkish foreign policy could be described as a policy aimed at achieving the security of great powers in the region. However, when the Justice and Development Party (AKP) came to power in Turkey in 2002, and its attempts to redefine Turkey's role in the area and to formulate a new foreign policy towards its Arab region and to adopt what was known as the "Zero Problems" policy. But Turkey could not abandon the political constraints imposed by its commitments Especially towards the United States of America. The article (From Border Security to National Security: Change in Turkish Foreign Policy towards the Middle East after 2016 - Realistic Perspective-) adopted the Realistic Theory of International Relations as a basis for analyzing the change in Turkish foreign policy towards the Middle East issues after 2016. The article based on the assumption that the failed coup attempt against Turkey on 25 July 2016 has become a pivotal turning point in the political history of the Turkish Republic in general, and especially in Turkey's foreign policy. For the first time in nearly a century Turkey Foreign policy aimed at achieving its national security beyond its geographical borders.
Iraq's future status within the Middle East Axis Strategy
Authors: Matar Thafar Abd
Published: September 2019

The broader middle east has great importance in the American politics, it lays out future strategies for several considerations, the most important economic geography and enormous wealth, and to Iraq within that region , the lion 's share in the future roles of the agenda, and had a new pivotal role by virtue of its strategic position , Iraq is an international centre of gravity and attraction for many  strategic, geographic, cultural and religious considerations,  the history of  Iraq 's  witness a lot of variables, that were the result of overlap and complexity of regional and international interests . It is an important figure in the domination and influence of international accounts  , and who dominates this country, controlled by international means, and navigational passages transmitted through the great powers funds to paint a picture of the future of their economies . The American vision towards Iraq took  a new direction, especially after the events of September 11 , 2001  . The US strategic interests in the broader middle east has not changed much in decades , despite it different methods , adopted a policy depending on the circumstances volatile ,  it did not need direct domination of the region , but it also wanted no one else to do so . The best way to achieve American goals was to follow the policy of balancing political forces by dividing the region into divided states with close security ties and interests with the United States of America .  The US strategy toward the middle east is based on the two pillars , the first : making the most realistic decision and approaching the highest American interests , and second : out of constants whose main purpose is to serve US interests regardless of the interests of the countries of the region .  Iraq is the key driver of American strategy in the region in times of peace and war , even in times of negotiation with neighboring countries such as Iran , Iraq's future status is still drawing and planning within the scenes of the world political theater .
Popular movement in Sudan and Algeria and the international position on them
Authors: Hamad Waleed Mosaher , Alwan Dhahir Abdullah
Published: September 2019

This study examined the nature of the popular movement in Sudan and Algeria since its inception. In Sudan, the popular movement began in December 2018, ending with the isolation of al-Bashir (April 11, 2019). In Algeria, the popular movement began in February 2019, 2 April 2019), and the transfer of power to the military establishment in both countries, explaining the similarities and differences of popular movement in both countries and the international position of both movements.
Covalently Linked Donor-Acceptor Dyad for Efficient Single Material Organic Solar Cells
Authors: Lucas Sebastian , Leydecker Tim , Samorì P. , Osteritz Elena Mena , Baeuerle Peter
Published: September 2019

A novel covalently linked donor-acceptor dyad comprising a dithienopyrrol-based oligomeric donor and a fullerene acceptor was synthesized and characterized. The concomitant effect of favorable optoelectronic properties, energy levels of the frontier orbitals, and ambipolar charge transport enabled the application of the dyad in simplified solution-processed single material organic solar cells reaching a power conversion efficiency of 3.4%.
Catalytic, Enantioselective Syn-Diamination of Alkenes
Authors: Tao Zhonglin , Gilbert Brad , Denmark Scott
Published: September 2019

The enantioselective, vicinal diamination of alkenes represents one of the stereocontrolled additions that remains an outstanding challenge in organic synthesis. A general solution to this problem would enable the efficient and selective preparation of widely useful, enantioenriched diamines for applications in medicinal chemistry and catalysis. In this Article we describe the first enantioselective, syn-diamination of simple alkenes mediated by a chiral, enantioenriched organoselenium catalyst together with a N,N’-bistosyl urea as the bifunctional nucleophile and N-fluorocollidinium tetrafluoroborate as the stoichiometric oxidant. Diaryl, aryl-alkyl, and alkyl-alkyl olefins bearing a variety of substituents are all diaminated in consistently high enantioselectivities selectivities but variable yields. The reaction likely proceeds through a Se(II)/Se(IV) redox catalytic cycle reminiscent of the syn-dichlorination reported previously. Furthermore, the syn-stereospecificity of the transformation shows promise for highly enantioselective diaminations of alkenes with no strong steric or electronic bias.
Detection of bacterial pathogens causing a chronic suppurative otits media and study of antibiotic susceptibility in Iraqi patients
Authors: Alaa  Sameer  Neamah
Published: September 2019

A complete number of 100 ear swabs were researched for the present study. This investigation is to discover the microbiological profile and their anti-microbial affectability designs in patients with constant suppurative otitis media in an Al-hububi clinic. Gram recoloring, direct microscopy with KOH, culture affectability and biochemical tests were completed to distinguish the living beings and to realize the affectability design. Every one of the swabs were gathered from patients with the clinical conclusion of unending suppurative otitis media. Pseudomonas aeruginosa (37.21%) was generally secluded life form pursued by Staphylococcus aureus (27.91%) from the samples. Amikacin was found to be the most effective antibiotic with low resistance rate. The investigation of microbial example and their anti-infection affectability decides the predominant living beings causing unending suppurative otitis media in neighborhood begins fitting treatment of otitis media and its intricacies for effective result.
The correlation of clinical and subclinical presentations with dengue serotypes and plasma viral load: the case of children with dengue hemorrhagic fever in Vietnam
Authors: Tram Van Ta  , Hai Thanh Tran  , Quyen Nguyen Than Ha  , Xuong Tuyet Nguyen  , Vu Kien Tran  , Hien The Pham  , Cameron Simmons
Published: September 2019

Numerous studies have been carried out on patients afflicted with dengue hemorrhagic fever (DHF), but various issues related to the disease, including the characteristics of the dengue virus (DENV), remain unclear. To address this deficiency, the current research was conducted to determine the correlation of clinical and subclinical presentations with dengue serotypes and plasma viral load. This prospective cohort study, which was performed at Tien Giang General Hospital from 2009 to 2014, involved 481 children who were under 15 years of age and had DHF for less than 72 hours. Results showed that among the patients, the highest proportion were composed of those suffering from DENV-1 infection (44.7%). The progression of the disease to dengue shock syndrome (DSS) owing to infection with DENV-2 and DENV-1 was significantly higher than that caused by infection with DENV-3 and DENV-4. No statistically significant differences in DENV viremia were found between the non-shock DHF and DSS groups. Finally, no correlation was found between dengue plasma viral load and clinical and subclinical presentations. The findings led to the conclusion that dengue serotypes can be used as a basis in ascertaining the prognosis of DSS and DHF.
IDEOLOGI PENERJEMAH DALAM TERJEMAHAN KATA TABU PADA FILM 22 Jump Street
Authors: Arif Muhammad -
Published: September 2019

This research aims to discover the ideology of the translator in translating taboo words in 22 Jump Street movie by doing qualitative research. In order to determine the idology, the researcher follows some steps that are collecting linguistics data by using criterion-based sampling technique to find out the taboo words and their categories, and then collecting translation data by using content analysis to figure out translation technique used by the translator therefore the idology will be able to determine. The result of this research discovers that the ideology of the translator is domestication determined from the tendency of translator to delete taboo words in his translation and to find the equivalence of taboo words in target language at the same time.
WUJUD DAN MAKNA PRAGMATIK BAHASA NONVERBAL DALAM KOMUNIKASI MASYARAKAT JAWA: KAJIAN ETNOPRAGMATIK
Authors: Pranowo Pranowo Pranowo
Published: September 2019

Tidak semua gerakan nonverbal dapat disebut bahasa nonverbal. Gerakan yang disebut bahasa nonverbal adalah gerakan yang digunakan untuk mengungkapkan makna pragmatik penutur. Bahasa nonverbal dibedakan menjadi dua, yaitu bahasa nonverbal dinamis dan bahasa nonverbal statis. Bahasa nonverbal dinamis adalah gerakan tubuh beserta bagian-bagiannya atau anggota tubuh lain yang digunakan untuk mengungkapkan makna pragmatik penutur. Bahasa nonverbal statis adalah bahasa nonverbal yang tidak digerakkan untuk mengungkapkan makna pragmatik penutur tetapi dapat dipersepsi oleh mitra tutur sebagai bagian dari bahasa nonverbal. Artikel ini mengkaji wujud dan makna pragmatik bahasa nonverbal menggunakan pendekatan etnopragmatik. Data dikumpulkan melalui wawancara dengan nara sumber, dan observasi pengalaman hidup sehari-hari sebagai bagian dari warga masyarakat Indonesia. Data yang ditemukan kemudian dideskripsikan berdasarkan wujud dan makna pragmatik pemakaian bahasa nonverbal dalam komunikasi. Kata kunci: bahasa nonverbal, etnopragmatik, wujud, dan makna pragmatik. AbstractNot all nonverbal movements can be called nonverbal languages. Movement called nonverbal language is a movement that is used to express the meaning of pragmatic speakers. Nonverbal languages are divided into two, namely dynamic nonverbal language and static nonverbal language. Dynamic nonverbal language is the movement of the body along with its parts or other members of the body that are used to express the meaning of the speaker's pragmatics. Static nonverbal language is a nonverbal language that is not moved to express the meaning of the pragmatic speaker but can be perceived by the speech partner as part of nonverbal language. This article examines the form and meaning of nonverbal pragmatics using the ethnopragmatic approach. Data is collected through observation of daily life experiences as part of Indonesian citizens. The data found is then described based on the form and meaning of the pragmatic use of nonverbal language in communication.
COHESIVE MARKERS IN SOCIAL MEDIA DISCOURSE: CASE IN INDONESIAN FACEBOOK CONVERSATIONS
Authors: Muttaqien M Zainal
Published: September 2019

AbstractThe emergence of social media as a new channel of communication has produced a new form discourse which has different characteristics compared to the formerly established conventional discourses. These differences do not only lie in how the messages are delivered but also in their  structural components which contribute to the unity of the text, namely cohesion and coherence. Cohesion, as the marker of coherence, is realized by language units (words, phrases, or clauses) known as cohesive markers which indicate the relationship between parts of discourse either grammatically or lexically. This article aims at describing the composition and distribution of  cohesive markers within the Facebook conversations along with their roles in determining the characteristics of the discourse. The results show that the cohesive system of Facebook conversations are dominated by references, ellipses, repetitions, and conjunctions. The frequent appearances of certain referential cohesivemarkers indicate Facebook conversations as typical of interactive discourse whereas numerous ellipses and particular conjunctionsreflectthe informal mode of communication carried out through the social media.On the other hand, various repetitions show the existence of topical cohesionwithin the conversations.
Sir Robin Cooke
Authors: McLay Geoff
Published: September 2019

This article is a tribute to Sir Robin Cooke after his death in 2006. Even though Sir Robin was an international figure of great renown, the author notes that the death of Sir Robin was felt more personal throughout Victoria University of Wellington's Faculty of Law. The article outlines Sir Robin's expertise and deep concern for the tradition of the common law, his admirable work ethic, and his passion for cricket.
Trade Special Issue: Foreword
Authors: Kolsky Lewis Meredith
Published: September 2019

This foreword introduces four articles featured in this volume of the Victoria University of Wellington Law Review, all of which address trade law from diverse angles: Oliver Delvos "WTO Disciplines and Fisheries Subsidies – Should the SCM Agreement Be Modified?" (2005) 37 VUWLR 341; Thomas A Faunce, Kellie Johnston, and Hilary Bambrick "Trans-Tasman Therapeutic Products Authority: Potential AUSFTA Impacts on Safety and Cost-Effectiveness Regulation for Medicines and Medical Devices in New Zealand" (2005) 37 VUWLR 365; Jane Kelsey "Free Trade Agreements – Boon or Bane: Through the Lens of PACER" (2005) 37 VUWLR 391; and Nicholas Whittington "Reconsidering Domestic Sale of Goods Remedies in Light of CISG" (2005) 37 VUWLR 421.
Developing the Statutory Obligation of Good Faith in Employment Law: What Might Human Resource Management Contribute?
Authors: Anderson Gordon , Bryson Jane
Published: September 2019

The Employment Relations Act 2000 has strengthened individual employee rights in two ways. First, it provides that the parties to an employment relationship must deal with each other in good faith. Secondly, it has made it clear that the standard by which an unjustifiable action is to be judged is an objective one.  It is suggested that applying these new provisions will require some realignment of the judicial mindset which has tended to resist interventions into an employer's management of its employees.  This article will first discuss the nature and extent of the good faith obligation in the management of the day-to-day individual employment relationship as well as the nature of the changes to the test of justification. It will then go on to consider whether disciplines such as organisational psychology and human resource management good practice provide a potential source of reliable evidence which can contribute to the legal development and re-evaluation of concepts such as good faith and justification.  The ability to make such a contribution is dependent on whether the disciplines are sufficiently developed and their principles and practices sufficiently accepted, and also on whether the courts are prepared to accept and give adequate weight to expert evidence that may be adduced.
Harmonising Family Law
Authors: Atkin Bill
Published: September 2019

On 25 July 2006, Bill Atkin delivered his inaugural lecture after becoming a professor in the Law Faculty of Victoria University of Wellington. He took as his theme the state of disharmony in family law. While historically the focus of the law was narrow and consistent, a series of reforms has meant that family law's brief has widened and become something of a jumble. This is true of the law relating to adults as well as that relating to children. While there is plenty of scope to undertake a project to bring greater harmony to family law, the task may be forlorn. There are many forces militating against rationalisation of the law, ranging from diversity of family types and clashing ideologies to the realities of politics.
Book Review: The Rights of Refugees Under International Law
Authors: Sims Helen
Published: September 2019

This article is a book review of James C Hathaway The Rights of Refugees Under International Law (Cambridge University Press, New York, 2005) (1200 pages) NZ$155. In the belief that a comprehensive text on the position of refugees under international law was lacking, Hathaway has produced a book seeking to explore the nexus between human rights and refugee rights at international law, and to argue for a dynamic and purposive interpretation of the Convention Relating to the Status of Refugees. Sims praises the book's accessibility, although it is conceded by Hathaway that the book will quickly be out of date due to the area of law undergoing rapid change. Nonetheless, Sims concludes that the book is comprehensive and remains a good place to start research. By linking refugee rights to international human rights law, Hathaway provides a stronger normative basis for arguing for the continued protection of refugees under international law.
Rebus Sic Stantibus and the Treaty of Waitangi?
Authors: Bennett Mark , Roughan Nicole
Published: September 2019

The question of the continuing significance of the Treaty of Waitangi is one to which neither legal practice nor scholarship has offered a definitive answer. The question is often regarded as less legal than political; a question of intercultural justice to be contested in the political realm.  From within the law, however, the suggestion that the Treaty ought to be reassessed in light of modern circumstances was revived in 2005 when Jeremy Waldron, then University Professor at Columbia University, offered the international law doctrine of rebus sic stantibus as a possible tool for analysis.  This article responds to Professor Waldron's suggestion that the Treaty might be considered overridden by a fundamental change in political circumstances. It first argues that the structuring logic which Professor Waldron advocates is a misreading of the "signpost" which international law offers towards the role of treaties in problems of intercultural justice. The article then presents a comparative assessment of United States practice relating to treaties, before examining tikanga Māori to consider how its core values might offer guidance on the continuing relevance of the Treaty. Finally, the article looks to contributions from political philosophy relating to the political morality of Treaty-based intercultural justice.
Four Dimensions of Diamond T: Combination Trade Marks of Colours And Shapes
Authors: McGowan Michael
Published: September 2019

This article examines the relatively new fields of colour and shape trade marks. It was initially feared by some academics that the new marks would encroach on the realms of patent and copyright.  However, the traditional requirements of trade mark law, such as functionality and descriptiveness, have meant that trade marks in colour and shape are extremely hard to acquire if they do not have factual distinctiveness. As colour and shape trade marks have no special restrictions, it is proposed that the combination trade mark theory and analysis from the Diamond T case should be used as a way to make them more accessible. The combination analysis can be easily applied because every product has a three dimensional shape and a fourth dimension of colour.
Telemarketing and the Door to Door Sales Act 1967
Authors: Tokeley Kate
Published: September 2019

The Door to Door Sales Act 1967 was intended to protect consumers from the sales pressure applied by sellers knocking on their door in an attempt to sell their products. In recent times sellers have adopted new methods of marketing their products, including the practice of telemarketing. In the recent case of Commerce Commission v Telecom Mobile Ltd the Court of Appeal concluded that the particular telemarketing activities undertaken by Telecom Mobile were covered by the Door to Door Sales Act 1967. This article analyses the difficulties and uncertainty of applying the outdated Act to the practice of telemarketing. Some contracts made as a result of telemarketing are covered by the Act and other contracts are not. The article argues that this arbitrary approach is unsatisfactory and that the law should be reformed so that the Act expressly covers all contracts that result from an unsolicited telemarketing phone call.
La Polynésie Française et l'Euro
Authors: Dropsy Vincent
Published: September 2019

The legal status of French Polynesia has important implications for the local economy, in particular for its currency, the CFP franc. A resolution passed on January 19, 2006 by the Assembly of French Polynesia shows the political will to replace this currency by the euro. This article explains the institutional procedures necessary for a possible switch to the euro in French Polynesia, and analyses its economic advantages and drawbacks.The conclusion is that entering the euro zone would be in the best interests of French Polynesia.
Le Pacifique et l'Europe: Quelques Réflexions Ã€ l'Occasion du CinguantiÃ¨me Anniversaire De l'Union Européenne
Authors: Angelo Tony
Published: September 2019

None available.
Deliberation and Legitimacy in Transnational Governance: The Case of Environmental Impact Assessments
Authors: Craik Neil
Published: September 2019

This paper begins by recognising that transnational environmental governance structures have been the subject of criticism as lacking democratic legitimacy. The author suggests, however, that instead of using the traditional liberal view of democracy where decisions are made by majority agreement, deliberative democracy may provide a solution. This approach focuses not on the aggregation of fixed interests within a given territory but on a continual process of dialogue between decisionmakers and all those affected, a process of mutual justification by the exchange of reasons. The author examines the possible application of this theory, using environmental impact assessments carried out pursuant to environmental conventions as an example of the theory in practice. The author shows how a deliberative democratic approach brings a range of advantages to decisionmaking concerning crossborder environmental harm, concluding that this approach has the potential to enhance the legitimacy of environmental decisionmaking beyond the state.
Hegemonic Federalism: The Democratic Implications of the UN Security Council's "Legislative" Phase
Authors: Forcese Craig
Published: September 2019

Several recent UN Security Council antiterrorism resolutions amount to legislation for the international community. The Security Council's new approach raises real predicaments for those states that, in their domestic system of government, are democracies. Not least, the Council risks disturbing the carefully balanced features of liberal democracy, including the very separation of powers on which functioning democracies are built. The article that follows explores this contention, with a particular focus on the implications of Security Council action for Canadian democracy. It concludes that the Security Council's legislative phase creates a new species of international/domestic legal interface, perhaps best described as "hegemonic federalism" – that is, a system in which the Security Council asserts plenary lawproject authority over the Canadian federal executive, which in turn responds with direct implementation of the international resolution or strongly encourages (and in majority Parliaments likely ensures) compliance by Parliament.
An Undemocratic Guardian of Democracy - International Human Rights Complaint Procedures
Authors: Hamamoto Shotaro
Published: September 2019

This paper discusses the individual complaints procedures established pursuant to international human rights treaties such as the International Covenant on Civil and Political Rights. It discusses the bases on which these systems have been criticised as undemocratic. After considering how these democratic failings could be ameliorated through greater involvement of domestic parliaments, it questions this narrow view of democracy that looks only to parliamentary involvement, suggesting instead that apparently undemocratic individual complaints procedures can actually have a beneficial "democratising" effect.
International Law and the Legitimate Determination of Risk: Is Democratising Expertise the Answer?
Authors: Peel Jacqueline
Published: September 2019

As technological risks become a matter of increasing concern around the world, standard science-based approaches for risk assessment are coming under increasing pressure to be responsive not only to expert views, but also broader public perspectives on risks and concerns over possible uncertainties.  International fora in which national risk regulations are reviewed for their scientific adequacy, such as WTO dispute processes under the SPS Agreement, have become the focus for debates over whether such processes allow adequate scope for “democratic” risk concerns as well as scientific views.  This article assesses the scope for democratising expertise in international risk determination, using reforms suggested in the context of WTO SPS disputes as a case study. It contends that the institutional ramifications for international law of “democratising expertise” are far from clear, especially given the obstacles encountered in establishing democratic procedures for transparency and participation at the global level.  This is not a reason to abandon efforts for greater democratisation of supranational risk determination but points to the need for more nuanced approaches for balancing scientific and political concerns in risk decision-making in order to ensure outcomes which are broadly acceptable.
Introducing the Themes
Authors: Alvarez José E
Published: September 2019

This article introduces the critiques regarding international law explored in the articles found in this volume. First, there are "vertical complaints", as a lack of an international parliament results in international lawmakers lacking ties to democratically elected polities that legitimise law within democracies. Secondly, there are "horizontal complaints" in that there is an absence of democratisation between states. Thirdly, there are ideological critiques as international law-making is dominated by Western governmental elites. Fourthly, traditional international organisations are criticised as their perceived ideological flaws undermine their structural elements. Fifthly, some worry about substantive provisions contained in contemporary multilateral and bilateral agreements for many reasons. Sixthly, the legitimacy of contemporary law-making actors is questioned. Finally, many young scholars did not attempt to rehash the existing arguments above and instead highlighted the virtues of comparative international law. It is concluded that comparative international law remains a useful exercise.
The "Re-Colonising" of Pitcairn
Authors: Farran Sue
Published: September 2019

The criminal trials of Pitcairn islanders on charges of rape and sexual assault have attracted considerable media notoriety and some academic comment in New Zealand and elsewhere. However question marks remain; not as regards the guilt or otherwise of the accused but in respect of the means whereby they were brought to trial. In particular the legal reasoning used to exercise imperial rule over Pitcairn and the embroilment of New Zealand in the "Pitcairn case" deserves scrutiny. This article critically considers how the courts, including the Privy Council, determined that Pitcairn Islanders were British subjects and therefore within the exercise of Her Majesty’s prerogative powers and which law was applicable to them, and the consequences of that process, both for Pitcairn as well as New Zealand.
A Closely-Held Companies Act for New Zealand
Authors: Farrington Matthew
Published: September 2019

This paper examines the law relating to closely-held companies. It concludes that the Companies Act's regulatory requirements imposed on directors to ensure accountability to shareholders do not have any benefit where companies are closely-held. The costs arising from such regulatory requirements are therefore unjustified. The paper therefore argues that New Zealand should adopt a new flexible and accessible statute designed to meet the needs of closely-held companies. This statute should be in addition to the existing Companies Act, and should be informed by comparative precedent. This paper argues that the key features of this statute should include removing the distinction between shareholders and directors. This in turn removes the need to impose regulatory requirements on directors in favour of shareholders. The other features relating to defining a closely-held company, limited liability, protections for creditors, and relations between "principals" are also considered in this paper. The net result is a simple, straightforward set of requirements suitable for closely-held companies in New Zealand, without onerous or unjustified compliance requirements.
Validity of Obviousness in the Patent Process: A Case Study of Aktiebolaget (LOSEC)
Authors: Lai Jessica
Published: September 2019

The granting of patents is qualified by the assessment of whether the said invention is obvious or involved an inventive step, and has some utility. The obviousness inquiry, based on the Windsurfing test, is a factual and objective inquiry, but its evaluative nature inherently requires some degree of subjective opinion or intuition from patent examiners and courts. The resultant uncertainty is demonstrated by the different outcomes of the Aktiebolaget cases heard around the world, where dependence on the notional person and derived expert witnesses is such that different results developed from the same facts and expert witnesses. This paper looks at the validity of the obviousness inquiry in light of these uncertainties. It concludes that invention duplication exercise evidence from the Australian Aktiebolaget case would be the most beneficial type of expert evidence for the current obviousness standard as it stands. However, it also find that obviousness may not be needed at all and that removing the inquiry may not be as detrimental as it first appears, but economic studies would be required to see its true effect.
Ascertaining the Meaning of Legislation - A Question of Context
Authors: Nijman Cathy
Published: September 2019

It has been said that "no word in an Act can be safely interpreted out of its context". Yet, Parliament was sufficiently concerned about the courts' use of external context as an aid to statutory interpretation to decide consciously to omit reference to "context" when enacting section 5(1) of the Interpretation Act 1999. This paper investigates the reasons for Parliament's concern. It examines cases decided before and after the enactment of section 5(1) to establish past and present judicial practice when using external context as an interpretive aid. The paper concludes that the omission of "context from section 5(1) has not altered the courts' principled approach to matters of interpretation, and it demonstrates that consideration of external context is an essential corollary to the purposive approach to statutory interpretation mandated by Parliament for over 100 years.
The Persona of the Jurist in Salmond's Jurisprudence: On the Exposition of "What law is ..."
Authors: Dorsett Shaunnagh , McVeigh Shaun
Published: September 2019

If Sir John Salmond is taken as being an inaugural or founding father of not only a law school, but also of a New Zealand jurisprudence, two questions arise: "What might have been inherited from Salmond's jurisprudence?" And, "How might that inheritance be received today?" This article offers a response to these questions by considering Salmond's jurisprudence in terms of a conduct of life organised around the office and persona of the jurist.
Foreword: The Salmond Centennial 2006
Authors: McLay Geoff , Dorsett Shaunnagh
Published: September 2019

This foreword introduces the articles published in this issue, presented at a symposium held at the Victoria University of Wellington Law School to celebrate the centennial of John Salmond's arrival as the first fulltime in Law at the Victoria University College (as it was then called). The articles celebrate John Salmond's intellectual contribution as a legal theorist and writer of textbooks, as chief law draughtsman and then Solicitor General, and as a Supreme Court judge.
Salmond and Corporate Theory
Authors: Farrar John H
Published: September 2019

Salmond's corporate theory was strongly influenced by Maitland and the German jurists of the late Nineteenth century. He did not receive their views uncritically and formulated his own theories in a pragmatic manner. His views on corporate theory and the State have been influential. As a judge he applied orthodox principles and made a useful analysis of the corporate constitution as it then existed.
Salmond, Necessity, and the State
Authors: Frame Alex
Published: September 2019

This article explores the varying approaches of Sir John Salmond as government adviser, judicial office, and legal theorist, to the State and the circumstances under which it might act under "necessity" in disregard of law. An epilogue provides the writer's own attempt in formal advice to delineate the boundaries of the doctrine in modern jurisprudence.
The Judicial Legacy of Salmond J in New Zealand
Authors: Spiller Peter
Published: September 2019

John Salmond was a judge of the Supreme Court of New Zealand during the years 1920-1924. This paper examines the nature of Salmond J's contribution to judicial precedent in New Zealand in five areas of the law: administrative; family; procedural; property; and contract law. Salmond J's judgments in these areas amply justified his reputation as an outstanding jurist. They were characterised by balance, fairness and a keen sense of human reality, and were presented with admirable structure and clarity. Of particular note is Salmond J's interpretion of the significant body of legislation passed from 1908 onwards. Fortified by his experience of legislative drafting at the time when this legislation was passed, Salmond J confidently supplemented the legislation with case law based on the legislative intent. The overall effect of Salmond J's judicial work was that, during the eight decades after his death, his judgments provided his successors on the bench with apposite language, frameworks and reference points in the cases before them.
Much Ado about Nothing: Steele v Serepisos and a Notice Requirement for Contingent Conditions
Authors: Leslie Sarah
Published: September 2019

In the 2006 case of Steele v Serepisos, the Supreme Court had an opportunity to clarify the law on contingent conditions. The issue was whether a party seeking to cancel a contract for its failure to fulfil a contingent condition first had to give notice to the other party. The purpose of the notice would be to give the other party an opportunity to fulfil the condition. A majority held, correctly in the author's view, that such a notice was not required. However, the majority went to some lengths to distinguish Cooke J's judgment in the 1978 case of Hunt v Wilson. This paper revisits Hunt v Wilson and argues that Cooke J's judgment was wrong. It further argues that the majority's failure to recognise this, coupled with general judicial confusion with respect to contingent conditions, made a simple issue much more difficult than it need have been.
Don Inglis
Authors: Barton George P
Published: September 2019

The author, having served as his lecturer, provides a tribute to Professor Angelo of the Law Faculty at Victoria University of Wellington. The article recalls Professor Angelo's instrumental role in bringing Comparative Law to the law school, as well as playing an important part in providing academic hospitality to visiting scholars. The author praises Professor Angelo's encyclopaedic knowledge on Comparative Law, and states that the University owes him a real debt for his commitment to expand and diversify law teaching, research, and writing.
Data Protection Litigation in New Zealand: Processes and Outcomes
Authors: Gunasekara Gehan , Dillon Erin
Published: September 2019

This article examines the first 14 years of New Zealand's experience with regulating data protection from the standpoint of the processes for resolving disputes that are available to complainants. The Privacy Act 1993 applies to both the private and public sectors and provides a "one size fits all" regime unlike those of other jurisdictions. The extent to which it provides effective remedies may be studied through the reported case law of the dedicated tribunal that hears privacy complaints.The article examines the decisions of this tribunal and the few instances where further appeals have occurred. It also includes a statistical analysis of the nature of defendants (how many were from the public as opposed to the private sector), which information privacy principles were litigated the most, the remedies obtained and the range and average amount of compensation awarded. In addition an assessment is made as to the extent to which parties were legally represented and the effect this had on outcomes for them.The success of a country's privacy law depends on its ability to provide real remedies in concrete instances affecting real people. The article assesses the success or otherwise of the New Zealand regime in achieving this and in particular the merits of a system of dispute resolution that largely avoids recourse to the courts. The article finds that legal issues and technicalities have played a major part in litigation before the tribunal and that these have been a hurdle for litigants.
Anthony Angelo
Authors: Barton George P
Published: September 2019

The author, having served as his lecturer, provides a tribute to Professor Angelo of the Law Faculty at Victoria University of Wellington. The article recalls Professor Angelo's instrumental role in bringing Comparative Law to the law school, as well as playing an important part in providing academic hospitality to visiting scholars. The author praises Professor Angelo's encyclopaedic knowledge on Comparative Law, and states that the University owes him a real debt for his commitment to expand and diversify law teaching, research, and writing.