title: Social conceptions versus legal protections of privacy and information security in the context of encryption

authors: Dizon, Michael

abstract: This article examines the disconnect between people’s social conceptions of privacy and information security in relation to encryption vis-à-vis the legal protections offered by law. It describes the social conceptions and expectations of participants based in New Zealand and contrasts these with the applicable laws and legal protections concerning privacy, information security and encryption. In light of incongruence between the social and the legal, the article recommends law and policy developments to better align and connect people’s social conceptions of privacy and information security with the legal protections provided by law. This includes having greater awareness of the relevance of civil and criminal procedure rights to privacy and information security in the context of encryption and providing stronger legal protections to the right against unreasonable search and seizure and the privilege against self-incrimination.

text: Social conceptions versus legal protections of privacy and information security in the context of encryption This article examines the disconnect between people’s social conceptions of privacy and information security in relation to encryption vis-à-vis the legal protections offered by law. It describes the social conceptions and expectations of participants based in New Zealand and contrasts these with the applicable laws and legal protections concerning privacy, information security and encryption. In light of incongruence between the social and the legal, the article recommends law and policy developments to better align and connect people’s social conceptions of privacy and information security with the legal protections provided by law. This includes having greater awareness of the relevance of civil and criminal procedure rights to privacy and information security in the context of encryption and providing stronger legal protections to the right against unreasonable search and seizure and the privilege against self-incrimination.

year: 2022

title: A study of the impact of foreign direct investment on firms in the Chinese wine industry

authors: Yin, Haolin

subjects: FDI

abstract: The purpose of this thesis is to examine the process by which emerging market firms leverage foreign resources and capabilities through linkages with foreign affiliates in the home country. This is achieved through a thorough examination of the inter-firm transfer of firm Ownership-specific advantages, resources and capabilities from locally-based foreign affiliates to local Chinese firms via joint ventures and non-equity-based collaborative partnerships.
The theoretical foundation of this study draws on the Linkage, Leverage and Learning (LLL) framework (Mathews, 2006a; 2017) within the broader contextual frameworks of the Investment Development Path (IDP) framework (Dunning & Narula, 1996) and the Ownership, Location and Internalisation (OLI) paradigm (Dunning, 2000; 2001). The particular focus of the study is on the Linkage and Leverage constructs.
A case study method, focused on the Chinese wine industry and its participants, is employed. Qualitative data was collected through 48 in-depth semi-structured interviews with firms (including wine producers, suppliers and distributors), wine institutes and wine bureaux.
This thesis finds that the leverage process encompasses three phases:
a) Application, or directly utilising foreign resources and capabilities without change;
b) Adaptation which involves incrementally changing foreign resources and capabilities and/or adjusting the existing resources and capabilities of local Chinese firms to better utilise foreign resources and capabilities; and
c) Amelioration, or remodelling original foreign resources and capabilities by fundamentally improving and innovating them to better fit the needs of local Chinese firms.
The leverage process shows that local Chinese firms not only learn from foreign affiliates, but also develop foreign resources and capabilities to upgrade their competences. Foreign multinationals contribute to the upgrading of local firms in the Chinese wine industry by introducing technology, techniques and experience in winegrowing and winemaking; expertise in corporate governance and vineyard management; and well-developed philosophies in the winery business. Further, the findings suggest that inward FDI (IFDI) has played a catalyst role in the development of the Chinese wine industry by a) expanding industrial scale, b) introducing winery business philosophies, c) closing the technology gap between the industry and its international counterparts, d) creating a climate for Sino-foreign communication regarding wine techniques, e) engaging in wine education, f) promoting local wine regions, and g) boosting industrial confidence.
The theoretical contributions of this thesis include the exploration of how the LLL framework can be employed in a home-country context; a richer understanding of “Leverage” within the LLL framework; and the development of a process model which illustrates IFDI’s impact on the upgrading of emerging market firms and their industry within the home country.
Although this research is limited contextually to the wine industry in China, it has implications for other emerging economies that have unique, competitive and irreplaceable Location-specific advantages attractive to IFDI. Public policies that seek to achieve industrial development in such economies can draw on the catalyst role of IFDI. Emerging market firms to gain greater access to foreign resources and capabilities by adopting the linkage-leverage-learning concept as a strategy in their home countries.

text: A study of the impact of foreign direct investment on firms in the Chinese wine industry The purpose of this thesis is to examine the process by which emerging market firms leverage foreign resources and capabilities through linkages with foreign affiliates in the home country. This is achieved through a thorough examination of the inter-firm transfer of firm Ownership-specific advantages, resources and capabilities from locally-based foreign affiliates to local Chinese firms via joint ventures and non-equity-based collaborative partnerships.
The theoretical foundation of this study draws on the Linkage, Leverage and Learning (LLL) framework (Mathews, 2006a; 2017) within the broader contextual frameworks of the Investment Development Path (IDP) framework (Dunning & Narula, 1996) and the Ownership, Location and Internalisation (OLI) paradigm (Dunning, 2000; 2001). The particular focus of the study is on the Linkage and Leverage constructs.
A case study method, focused on the Chinese wine industry and its participants, is employed. Qualitative data was collected through 48 in-depth semi-structured interviews with firms (including wine producers, suppliers and distributors), wine institutes and wine bureaux.
This thesis finds that the leverage process encompasses three phases:
a) Application, or directly utilising foreign resources and capabilities without change;
b) Adaptation which involves incrementally changing foreign resources and capabilities and/or adjusting the existing resources and capabilities of local Chinese firms to better utilise foreign resources and capabilities; and
c) Amelioration, or remodelling original foreign resources and capabilities by fundamentally improving and innovating them to better fit the needs of local Chinese firms.
The leverage process shows that local Chinese firms not only learn from foreign affiliates, but also develop foreign resources and capabilities to upgrade their competences. Foreign multinationals contribute to the upgrading of local firms in the Chinese wine industry by introducing technology, techniques and experience in winegrowing and winemaking; expertise in corporate governance and vineyard management; and well-developed philosophies in the winery business. Further, the findings suggest that inward FDI (IFDI) has played a catalyst role in the development of the Chinese wine industry by a) expanding industrial scale, b) introducing winery business philosophies, c) closing the technology gap between the industry and its international counterparts, d) creating a climate for Sino-foreign communication regarding wine techniques, e) engaging in wine education, f) promoting local wine regions, and g) boosting industrial confidence.
The theoretical contributions of this thesis include the exploration of how the LLL framework can be employed in a home-country context; a richer understanding of “Leverage” within the LLL framework; and the development of a process model which illustrates IFDI’s impact on the upgrading of emerging market firms and their industry within the home country.
Although this research is limited contextually to the wine industry in China, it has implications for other emerging economies that have unique, competitive and irreplaceable Location-specific advantages attractive to IFDI. Public policies that seek to achieve industrial development in such economies can draw on the catalyst role of IFDI. Emerging market firms to gain greater access to foreign resources and capabilities by adopting the linkage-leverage-learning concept as a strategy in their home countries.

year: 2021

title: Race-ing and engendering the nation-state in Aotearoa/New Zealand

authors: Seuffert, Nan

subjects: Maori

abstract: During the past several decades the dynamics of law and policy reform in Aotearoa/New Zealand have prefigured and encapsulated contemporary trends in economic state restructuring, indigenous claims to refigure the nation, and gender struggles for political representation. Successive governments have restructured the economy and the state using radical forms of neo-liberal economic policy with the stated aim of globalizing the economy. Political action on the part of the indigenous Maori people, often led by Maori women, increased and diversified, and included demands for self-determination and redress of historical colonial injustices. In 1997, the conservative National Party’s Jenny Shipley become the country’s first white female Prime Minister, followed in 1999 by the election of a center-left coalition headed by Labour Party leader Helen Clark. This article analyzes the race and gender dynamics of these contemporary trends. First, it argues that policies of state structural adjustment and Maori political claims have converged in commodified settlements of past colonial injustices as corporate deals. These deals are temporary alliances of men across race to silence and erase the demands for self-determination or political power sharing of Maori activists, who are usually Maori women. Second, this article contends that the political instability created by rapid structural adjustment and the change to a Mixed Member Proportional (“MMP”) electoral system converges with white backlash against these settlements to open space for New Zealand’s first two female Prime Ministers. This article also suggests that the election of a second white female Prime Minister in New Zealand may reflect the (temporary) regendering of the role of Prime Minister to the feminine.

text: Race-ing and engendering the nation-state in Aotearoa/New Zealand During the past several decades the dynamics of law and policy reform in Aotearoa/New Zealand have prefigured and encapsulated contemporary trends in economic state restructuring, indigenous claims to refigure the nation, and gender struggles for political representation. Successive governments have restructured the economy and the state using radical forms of neo-liberal economic policy with the stated aim of globalizing the economy. Political action on the part of the indigenous Maori people, often led by Maori women, increased and diversified, and included demands for self-determination and redress of historical colonial injustices. In 1997, the conservative National Party’s Jenny Shipley become the country’s first white female Prime Minister, followed in 1999 by the election of a center-left coalition headed by Labour Party leader Helen Clark. This article analyzes the race and gender dynamics of these contemporary trends. First, it argues that policies of state structural adjustment and Maori political claims have converged in commodified settlements of past colonial injustices as corporate deals. These deals are temporary alliances of men across race to silence and erase the demands for self-determination or political power sharing of Maori activists, who are usually Maori women. Second, this article contends that the political instability created by rapid structural adjustment and the change to a Mixed Member Proportional (“MMP”) electoral system converges with white backlash against these settlements to open space for New Zealand’s first two female Prime Ministers. This article also suggests that the election of a second white female Prime Minister in New Zealand may reflect the (temporary) regendering of the role of Prime Minister to the feminine.

year: 2002-02-01