bluuebunny/crossref_metadata_2025_split huggingface dataset:
Stemming the Flow of Corporate Human Rights Abuses: Incorporating the Ruggie Report in the Common Law Doctrine of Foreign Judgment Enforcement
Authors:   , Carr Erin Matariki 
Published: November 2021

<p>The eminent case of Aguinda v Chevron Corporation, currently in its twentieth year of litigation, represents a growing phenomenon in international commercial litigation between multinational corporations and victims of human rights abuse from developing nations. In 2011 Aguinda awarded approximately US$18 billion against Chevron for extreme environmental and human rights abuse from oil contamination in the Amazon region of Ecuador. Chevron has removed its assets from Ecuador’s jurisdiction leaving the plaintiffs without remedy. This paper traces Aguinda to Canada where the plaintiffs’ action in Yaiguaje to enforce the judgment to satisfy their debt is stayed. This paper critiques this decision of the Ontario Superior Court of Justice as being unprincipled and failing to consider the wider implications of its decision on the struggle for developing nations to remedy human rights abuses by multinational corporations. This paper argues that the common law doctrine of foreign judgment enforcement must evolve to reflect the needs of modern society. The paper does this by incorporating the “Protect, Respect and Remedy: A Framework for Business and Human Rights” report released by the United Nations in 2011.</p>
Tax planning in the boardroom: should directors owe a duty to understand their companies' tax planning?
Authors:   , Denton Sarah 
Published: November 2021

<p>This paper analyses whether directors should owe a duty to understand their companies’ tax planning, and if so, what this duty should look like and whether this duty could successfully be implemented into New Zealand law. This paper then assesses whether it is in fact appropriate to impose on directors a duty to understand tax planning by comparing this duty to directors’ obligations and liabilities in other areas of regulation. Finally, this paper concludes that directors should owe a duty to understand their companies’ tax planning, but that this duty would be difficult to implement into New Zealand law.</p>
Water as a Social Generator: Activating social and water security in residential Kilbirnie
Authors:   , Shearer Dylan 
Published: November 2021

<p>Residential streets make up a large proportion of accessible public space while failing to facilitate community activity. These streets carry a relatively low volume of traffic, yet are standard in form. This factor in conjunction with the self-contained nature of houses in residential areas results in a lack of social capital in areas with a large amount of social potential. The suburbs of Kilbirnie on the Rongotai isthmus in Wellington have been selected as the site due to the potential of the streets; in particular due to their width and mono-functionality. The five sites that have been selected have potential far beyond their current use and are going to be used as a design case study to explore pre-emptive disaster design in conjunction with providing social amenities. The streetscape within the identified site is excessively wide with a large amount of on-street parking. This thesis argues that this extra, underutilised space has the potential to be adapted into an aesthetically pleasing, functional community amenity. The designs will break up the monotonous nature of the residential streets and create a hub for surrounding residents through the exploration of programme and form. The introduction of water storage infrastructure as a programme will pre-emptively service the suburb in the event of a disaster. The likelihood of the potable water supply being severed to both the Wellington CBD and to the Rongotai Isthmus and Miramar Peninsula is high due to the location of the service pipes in relation to the dominant fault lines in the suburb. The study proposes exploring programmes which challenge people’s perception of ownership of public land and amenity. Re-allocating and prioritising parts of street space to provide amenity for surrounding residents has the potential to initiate a change from monotone, mundane functionality into a hub of social activity, community building and disaster resilience. The design methodology uses precedents which employ techniques that can be used to challenge the norm and provide a design outcome which creates engaging residential spaces.</p>
(Un)lucky Strike and the Winnie Blues: Tobacco Plain Packaging, Investment Treaties, and the Framework Convention on Tobacco Control
Authors:   , Herbert Campbell 
Published: November 2021

<p>In recent years, tobacco has been the subject of increasingly more stringent regulatory attention. At the same time there has been a proliferation of bilateral and multilateral investment agreements, While the former compels state Parties to take action to reduce tobacco consumption, many of the latter provide a guarantee to foreign investors that states will not enact measures which result in a substantial reduction of the value of their property. Recent disputes illustrate that these two sets of obligations are not capable of coexistence. In 2012 Australia took regulatory action, enacting legislation obliging the sale of tobacco products in “plain” packets. Philip Morris, Japan Tobacco International and British American Tobacco took to a number of different fora to challenge the measures as being in violation of their rights under national constitutional law, world trade law, and under nternational investment law. While the domestic law claims were limited to an assessment of the measure in the context of the companies’ constitutional rights, and the WTO claims face a significant hurdle because of the public interest nature of the regulations, the claims brought as international investment arbitrations are not subject to these same constraints. The result is a conflict of obligations. States are left in a position where they must take steps to reduce tobacco consumption while at the same time refraining from action amounting to expropriation of an investment. Does one of these obligations take priority of the other? Or must they both, as the Vienna Convention on the Law of Treaties suggests, be performed in good faith? The application of various conflicts rules imported from domestic and private international law into the international law sphere more generally yields some answers, goes some way to resolving the conflict, and reconstitutes the otherwise increasingly fragmented international law.</p>
Is There an App for That?: An Exploratory Study into the Use of Mobile Technologies and mLearning within Aotearoa New Zealand’s Higher Education Libraries
Authors:   , Maniapoto Tracy Marie 
Published: November 2021

<p>1.1. Research problem The objectives of this research study are to explore the extent to which Aotearoa New Zealand’s higher education libraries are using mobile technologies for the delivery of its information and research services, and the impact these technologies may have on the professional development needs of higher education library staff. 1.2. Methodology Using a mixed method design approach, two data sets were investigated. First, the web-based library homepages of 29 higher education libraries within Aotearoa New Zealand were examined for their level of conformance to a mobile platform and second, library staff from the 29 higher education libraries were surveyed for their perceptions of, and experiences in, using mobile technology both within a social context and within the workplace. 1.3. Results This research found that while mobile technologies are in use by the majority of higher education libraries to a degree, financial costs and a lack of resources were identified as barriers to providing virtual library users with mobile services that meet both their needs and expectations. In their current state, the web-based library homepages for the majority of libraries are content-heavy and do not conform well to a mobile platform. This research also found that library staff do not always feel supported in exploring professional development training around mobile technologies and are aware of the impact this may have on providing high level service desk support. In addition, findings suggest library staff are not necessarily aware of new innovations provided by their libraries. 1.4. Implications Library users are likely to experience high levels of dissatisfaction when browsing the library homepage on a mobile web browser due to latency created by content-heavy webpages. Further, mobile services should be fit for purpose to meet the needs and expectations of 21st Century learners.For library staff, consideration should be given to developing professional skills when implementing new innovations within the workplace. Communication channels for marketing new innovations should also be clear and distributed to all library staff.</p>
Should the use of an alternative trial process preclude referral back to the criminal justice system? Consideration of one aspect of the Law Commission's proposal for trial process reform in cases of sexual offending
Authors:   , Macaulay Sophie 
Published: November 2021

<p>In its recent Issues Paper, Alternative Pre-Trial and Trial Processes: Possible Reforms, the New Zealand Law Commission proposed to make available some form of restorative justice process as a complete alternative to the criminal justice system in certain sexual offence cases. It also proposed that where an offender participates in an alternative process in good faith and fulfils all undertakings, the case cannot be referred back to the criminal justice system. This paper considers situations where alternative trial processes should be referred back to the criminal justice system and what should happen to material disclosed during the alternative process if referral occurs. If restorative processes are to be used as a complete alternative to the criminal justice system, there must a “public safety override” which prioritises public safety over victim autonomy. This override will be applied by restorative justice providers, who will have the ability to refer cases back to the criminal justice system. If referral does occur, the content of the restorative proceedings should be privileged, and that privilege should belong to the offender. The fact of the offender’s agreement to participate should also be privileged.</p>
Platinum Complexes of Bicyclopropylidene and Related Ligands
Authors:   , Hoyte Sarah Amy 
Published: November 2021

<p>The coordination chemistry of the cyclopropyl-substituted alkenes, bicyclopropylidene (BCP) and methylenecyclopropane (MCP), with platinum was explored. A range of complexes with ŋ²-alkene ligands were synthesised by the displacement of a ligand, typically ethene, from a precursor complex. These complexes are [Pt(L)(P—P)] (L = BCP, MCP; P—P = Ph₂P(CH₂)₃PPh₂, Cy₂P(CH₂)₂PCy₂, ᵗBu₂P(CH₂)₂PᵗBu₂, ᵗBu₂PCH₂(o-C₆H₄)₂PᵗBu₂), [Pt(L)(P—S)] (L = BCP, MCP; P—S = ᵗBu₂PCH₂(o-₆H4)CH₂SᵗBu), [Pt(C₂H4)(L)(PR₃)] (L = BCP, MCP; PR₃ = PPh₃, PCy₃), [Pt(MCP)₂(PR₃)] (PR₃ = PPh₃, PCy₃) and [PtCl₂(L)(L′)] (L = BCP, MCP; L′ = Py, DMSO). These were the first examples of platinum complexes with ŋ²-BCP ligands, and the first bis-MCP Pt complexes. BCP underwent ring-opening reactions with both Pt(0) and Pt(II) complexes to form the 1,3-diene allylidenecyclopropane (ACP). The first transition metal complexes of ACP [Pt(ACP)(P—P)] (P—P = Ph₂P(CH₂)₃PPh₂, Cy₂P(CH₂)₂PCy₂, ᵗBu₂P(CH₂)₂PᵗBu₂) were synthesised. Some of these complexes rearranged to form ŋ²:σ²-metallacyclopentene complexes, the first instances of the formation of ŋ²:σ²-metallacyclopentene complexes from ŋ²:π-diene complexes. With MCP, the ring-opening reaction only occurred with [₂(COD)], as a result of the anti-Markovnikov addition of Pt–H, generated by the β-hydride elimination of an Et group, across the double-bond. The major products of this reaction were the 1-methylcyclopropyl complexes [Pt(C(CH₂)₂CH₃)Et(COD)] and [Pt(C(CH₂)₂CH₃)₂(COD)], the first examples of such complexes. Protonation of [Pt(L)(P—P)] resulted in a ring-opening reaction to form both the 2-substituted and 1-methyl allyl complexes, [Pt(ŋ³-CH₂CRCH₂)(P—P)]⁺ (R = ᶜPr, Me; P—P = Ph₂P(CH₂)₃PPh₂, ᵗBu₂PCH₂(o-C₆H₄)CH₂PᵗBu₂) and [Pt(ŋ³-CR₂CHCHMe)(P—P)]⁺ (R = cPr, Me; P—P = Ph₂P(CH₂)₃PPh₂, ᵗBuPCH₂(o-C₆H₄)CH₂PᵗBu₂). The analogous 1-methyl complexes were also formed from [Pt(L)(P—S)], wherein the alkene reacted with a hydride formed by the ortho-metallation of the P—S ligand. Computational models were used to investigate the formation of the allyl structures and it was found that the activation energy had a more significant effect than complex stability on product distributions. Complexes with β-chloroalkyl ligands [Pt(C(CH₂)₂CR₂Cl)Cl(L)₂] (R = CH₂, H, L = SEt₂, NCᵗBu, Py) were formed by the addition of Pt–Cl across the alkene double bond. Phosphine complexes were formed by the displacement of a ligand from cis–[Pt(C(CH₂)₂CR₂Cl)Cl(Py)₂] (R = CH₂, H). These are the first examples of stable Pt(II) β-haloalkyl complexes. It was found using computational models that the presence of cyclopropyl rings had a stabilising effect on these complexes.</p>
The Synthesis of Novel Gallium Carbenes, Nitrenes, Phosphinidenes and Alkoxides
Authors:   , Cummins Struan John Wright 
Published: November 2021

<p>In the present study, synthetic routes to formal double bonds between gallium and carbon (fig 1), nitrogen (fig 2), and phosphorus (fig 3) have been investigated. These synthetic routes utilised the monoanionic, four electron donor, β-diketiminate (BDI) ligand to provide both steric and electronic stabilisation to three coordinate gallium complexes. The known di-substituted β-diketiminatogallium complexes: [(BDI)GaMe₂] and [(BDI)Ga(NHPh)₂], as well the new complexes: [(BDI)GaBn₂], [(BDI)Ga(NHDMP)₂] (DMP = 2,6-Me₂C₆H₃), [(BDI)Ga(NHDIPP)₂] (DIPP = 2,6-iPr₂C₆H₃), [(BDI)Ga(PHPh)₂] were examined for their reactivity towards the α-proton elimination mechanism for the formation of multiple bonds that is observed in transition metals. All of these complexes were shown to be unreactive towards α-proton elimination. The di-substituted β-diketiminato-gallium complex [(BDI)GaMe₂] was subjected to various aniline derivatives to investigate if the methyl ligands exhibited the same reactivity as di-methyl transition metal complexes, where the methyl ligands could deprotonate the aniline to form a metal-imido complex. This complex was found to have no reactivity with anilines. The mono-substituted β-diketiminato-gallium complex [(BDI)Ga(NHDMP)Cl] was tested for its reactivity with ⁿBuLi to abstract the amide proton and eliminate LiCl to form a gallium imido complex. While the ¹H NMR spectrum of the reaction mixture showed that a reaction had occurred, the products could not be isolated for characterisation. Another mono-substituted β-diketiminato-gallium complex [(BDI)Ga(PHPh)Cl] was also tested for its reactivity with ⁿBuLi to abstract the phosphide proton and eliminate LiCl to form a gallium phosphinidene complex. The ¹H NMR spectrum and ³¹P NMR spectrum of the isolated complex revealed that it still contained a phosphide proton, however the gallium centre now appeared to be bonded to a former methine carbon of an isopropyl group of the BDI ligand (fig 32). This bond may have formed through metathesis between an intermediate containing a gallium-phosphorus double bond, and the C-H bond of the isopropyl group. Further mechanistic studies could confirm if an intermediate such as [fig 3] is formed, and the synthetic strategy altered to isolate it. The synthesis of β-diketiminato-gallium-alkoxide complexes was also attempted, however the products of these synthesises could not be isolated due to solubility issues, potentially due to polymerisation.</p>
Vietnam-Japan Trade Relations in the 1st Decade of the 21st Century
Authors:   , Le Thuy Ngoc Van 
Published: November 2021

<p>Since the early years of the past century, the expansion of integration and economic cooperation has become an inevitable trend for economic development of countries. The globalization has opened up significant economic opportunities to countries that no one can deny. In such context of the international division of labor is going strong, the international economic cooperation has become the best way for states to promote their maximum advantage, as well as fully exploit the benefits of the other countries to serve their country namely, Singapore, Malaysia and Thailand. Vietnam, too, to accelerate the process of industrialization and modernization, the Communist Party and government have been implementing the foreign policy of openness and diversification and multilateral international economic relations, taking the objectives of peace and development as the standard for all external activities. Unexceptionably, both Vietnam and Japan have found each other in the favorable conditions, as well as the mutual national economic benefits to develop and strengthen bilateral cooperation relationships between the two countries. The pinnacle of this relation was marked by the Vietnam-Japan Economic Partnership Agreement signed in 2008. After over three years of implementation, there have been a significant benefits and opportunities gaining from the Vietnamese-Japanese trade relations. Besides the positive results achieved in the trade relations, there have been some limitations that need to be surmounted, removed to further develop the full potential of the two countries, to strengthen the relationship between the two nations. The purpose of this research is to evaluate economic effects of Vietnam’s accession to Vietnam-Japan Economic Partnership Agreement (VJEPA) by implementing tariff elimination, logistics enhancement, and reduction in service trade barriers. The hypothesis is that two participating countries can benefit from the accession, resulted in higher real GDP and economic development. The research has found out that VJEPA is an important step on a longer journey of partnership between the two countries through the evidences of new opportunities for both but there is still a lot of work to be done on both sides to take full advantage of the relationship.</p>
Enactment of Vietnam Competition Law 2004: A case study of harmonizing internal and external factors
Authors:   , Tran Thi Minh Phuong 
Published: November 2021

<p>Vietnam is an economy in transition that has encountered a great deal of obstacles and issues shifting to the market tract. Due to a lack of synchronized legal systems, and the legacy of stagnant economic development and low efficiency dating from the wartime, it has been even more difficult for Vietnam to adapt itself to the new context of globalization. Since Doimoi however, Vietnam has witnessed gradual but important changes in thinking and action. In order to apply the model of “socialist market-oriented economy” in practice, Vietnam enacted the Vietnam Competition Law (VCL) in 2004. After nearly a decade of being in force, the VCL (2004) has attracted lots of critique over its outdated and inappropriate content. In contrast, a number of comments from economic experts and academia still express supportive attitudes and highly appreciate the introduction of the law in 2004. Competition-related issues are now an important concern in the domestic market and the law has strengthened Vietnam’s integration into the regional and global economy. This thesis identifies the factors determining the promulgation of the VCL (2004). It argues factors came from both internal and external sites. Changes in economic political thinking and negative experience in the national economy for a long period are found to be the main forces for the promulgation from a domestic perspective. While entering a number of regional organizations like ASEAN and APEC and indirect pressure from application for entrance into the WTO and negotiation with the U.S. under the Bilateral Trade Agreement are the main forces from an external perspective. The thesis shows how both external and internal factors contributed to and interacted with each other in the enactment of the VCL (2004). It finds these forces were harmonized in a way that met Vietnam’s international obligations and desire for deeper integration with the global economy while also meeting the requirements of competition law in a transitional economy. These findings suggest further study on the process of harmonization of external and internal forces in the area of competition policy is needed to understand better the process of introducing competition policy in transitional economies.</p>
Library requirements of Masters of Art (Creative Writing) students : is the class library of the International Institute of Modern Letters meeting their information needs?
Authors:   , Callaghan Samantha April 
Published: November 2021

<p>To investigate whether the Class Library of the International Institute of Modern Letters was meeting the information needs of the students in the Master of Arts (Creative Writing) an exploratory research approach was used. A sequential mixed methodology study comprised of a questionnaire, with both quantitative and qualitative content, to canvass student responses as well as interviews with the Institute's students, its teaching staff, and the Collection Development Librarian of the Victoria University of Wellington Central Library. The findings showed that students made significant use of the Class Library, often in preference to the University Library. This usage was based on factors such as collection quality, proximity to the Institute, accessibility of the collection and the availability of reading material. Library anxiety experienced when using the Central Library is another probable factor. Based on these findings, it was recommended that the Institute retain the Class Library as an autonomous collection and not integrate it into the collection of the Victoria University of Wellington Central Library.</p>
Approaches to 'place': A study exploring how New Zealand's digital collections conceptualise our social understanding of space
Authors:   , Feltham Flora 
Published: November 2021

<p>Research problem: The concept of ‘place’ has a clear presence in New Zealand’s digital heritage collections. However, some theorists suggest there is gap between place as a concept relevant to cultural heritage concerns and place as represented by digital technology. This research explores how geospatial and digital technology deployed in New Zealand’s digital collections engage with and conceptualise qualities usually associated with place: social bonds, emotional attachment and subjectivity. Methodology: This two-stage, mixed-methods study has a qualitative weighting. Web Content analysis (WebCA) gathered data from digital collections that demonstrate place inclusive features. An anonymous survey gathered opinions from practitioners who create place-inclusive digital collections. Descriptive statistics developed during quantitative analysis triangulated findings developed during thematic qualitative analysis. Results: New Zealand’s digital collections generate a sense-of-place using strategies that mimic subjective and experience-based understanding of the world. Some collections also engage with place in its ‘common-sense wrapper’ by using the deploying the place in a metadata context or as an overarching thematic structure. New Zealand’s cultural heritage practitioners are very practice-oriented in their consideration of place, and place-inclusive collections are most often impacted by resourcing issues. Implications: This project contributes to the growing ‘body of sustained critical thinking’ focusing on the implications of digital technology for cultural heritage concerns. It suggests place has considerable value and multiple functions within digital heritage collections. When conducting projects using geospatial technology, heritage practitioners can consider supplementing geospatial technology with user-contribution features, content variety, and an emphasis on storytelling to effectively reflect the subjective components of place.</p>