title: International Investment Law, Time, and Economics: Fixing the length of economic crises as a costs-allocation tool between host states and foreign investors

authors: Alvarez-Jimenez, Alberto

subjects: customary rule of necessity

abstract: The case law on non-precluded measures clauses, when they are successful, and the customary rule of necessity, when it fails, transfers significant risks to foreign investors and host States, respectively, during severe economic crises. Some risk-sharing mechanisms should be explored to achieve a more balanced result. This article presents the policy reasons in support of this approach and its normative basis: the principle of acceptable compensation, and illustrates that one way to introduce such mechanisms is through the determination by investor/State tribunals of the length of the breakdown, which is marked by the dates for its beginning and end. The article discusses economic research on when crises conclude, which could be useful
to tribunals, and explores the determination on the beginning of economic collapses as a risk-sharing tool and shows how decisions of the Argentinean saga have achieved this result.

text: International Investment Law, Time, and Economics: Fixing the length of economic crises as a costs-allocation tool between host states and foreign investors The case law on non-precluded measures clauses, when they are successful, and the customary rule of necessity, when it fails, transfers significant risks to foreign investors and host States, respectively, during severe economic crises. Some risk-sharing mechanisms should be explored to achieve a more balanced result. This article presents the policy reasons in support of this approach and its normative basis: the principle of acceptable compensation, and illustrates that one way to introduce such mechanisms is through the determination by investor/State tribunals of the length of the breakdown, which is marked by the dates for its beginning and end. The article discusses economic research on when crises conclude, which could be useful
to tribunals, and explores the determination on the beginning of economic collapses as a risk-sharing tool and shows how decisions of the Argentinean saga have achieved this result.

year: 2019

title: Screening for risk of Low Energy Availability in elite female netball athletes and the prevalence of injury

authors: Davie, Courtney

abstract: Low Energy Availability (LEA) is a condition commonly seen in female athletes, often as a consequence of insufficient dietary intake relative to energy expenditure, resulting in an energy deficit. A negative energy balance can severely impact normal physiological functions, often causing the body to downregulate to conserve energy as a means to survive. LEA poses a significant health risk, which has been associated with a plethora of unfavourable health and performance outcomes such as; reproductive function, bone health, gastrointestinal function, cardiovascular health, immune function and psychological impairment. Until now, limited research has been available for the prevalence of LEA in the team sport population, as most previous studies have concentrated on endurance and/or individual sport athletes. As highlighted in the literature review in the first part of this thesis, the prevalence of LEA ranges from 2-100% in various sports and disciplines, however the few studies to investigate the prevalence of LEA in team sport athletes have found reasonably high rates of LEA present.  The associated health outcomes are continuously emerging in research, alongside the multiple measures to screen and diagnosis for LEA, which are explained in the literature review. The second part of this thesis comprises of an original study investigating the prevalence of LEA within elite female netball athletes in New Zealand. Fifty-three elite netballers volunteered to participate in this study and were required to complete an adapted version of the Low Energy Availability in Females questionnaire (LEAF-Q) to identify risk of LEA. Analysis found a concerning prevalence of 53% of participants considered ‘at-risk’ of developing LEA, with additional findings discovering 85.7% of the ‘at-risk’ athletes had sustained an injury within the last 12 months. The final section of this thesis summarises the overall findings of the thesis, as well as providing practical applications, and highlighting direction for future research in this area.

text: Screening for risk of Low Energy Availability in elite female netball athletes and the prevalence of injury Low Energy Availability (LEA) is a condition commonly seen in female athletes, often as a consequence of insufficient dietary intake relative to energy expenditure, resulting in an energy deficit. A negative energy balance can severely impact normal physiological functions, often causing the body to downregulate to conserve energy as a means to survive. LEA poses a significant health risk, which has been associated with a plethora of unfavourable health and performance outcomes such as; reproductive function, bone health, gastrointestinal function, cardiovascular health, immune function and psychological impairment. Until now, limited research has been available for the prevalence of LEA in the team sport population, as most previous studies have concentrated on endurance and/or individual sport athletes. As highlighted in the literature review in the first part of this thesis, the prevalence of LEA ranges from 2-100% in various sports and disciplines, however the few studies to investigate the prevalence of LEA in team sport athletes have found reasonably high rates of LEA present.  The associated health outcomes are continuously emerging in research, alongside the multiple measures to screen and diagnosis for LEA, which are explained in the literature review. The second part of this thesis comprises of an original study investigating the prevalence of LEA within elite female netball athletes in New Zealand. Fifty-three elite netballers volunteered to participate in this study and were required to complete an adapted version of the Low Energy Availability in Females questionnaire (LEAF-Q) to identify risk of LEA. Analysis found a concerning prevalence of 53% of participants considered ‘at-risk’ of developing LEA, with additional findings discovering 85.7% of the ‘at-risk’ athletes had sustained an injury within the last 12 months. The final section of this thesis summarises the overall findings of the thesis, as well as providing practical applications, and highlighting direction for future research in this area.

year: 2021

title: Examining Culturally Responsive Leadership: An investigation into how one school leader, in a primary school setting, provides culturally responsive leadership that ensures Maori students achieve

authors: Ford, Therese

subjects: Culture

abstract: Addressing the achievement disparities that exist within New Zealand education between Maori and non-Maori is a major government priority and is identified by the Ministry of Education as being a critical challenge for school leadership (Ministry of Education, 2008a). Therefore, an important question for school leaders to contemplate is: How do we raise Maori student achievement and eliminate the ‘gap’, or more specifically, what are the teaching and leadership practices that will make a difference? The research project presented in this thesis examines how one school leader, in a mainstream primary school setting, provides culturally responsive leadership practice that ensures Maori students achieve. This case study was conducted within a kaupapa Maori theoretical framework and used a mixed methods approach that incorporated the triangulation of quantitative and qualitative data. Quantitative data included student achievement data in reading, while qualitative data collection and analysis included school documents, participant observations of the principal, a series of semi-structured interviews and a stimulated recall interview with the principal and focus group interviews with the school leadership team and a group of teachers. The literature reviewed highlighted the centrality of culture in education, the implications for relationships and interactions between teachers and students that are born out of cultural deficit theorising and the potential culturally responsive teaching practices hold for students from minority groups. It also identified a series of effective leadership practices that enable school leaders to influence classroom teaching and have a subsequent impact on student outcomes. The case study school reflects a mainstream primary school context where the majority of Maori students are achieving at or above national expectations in reading. The findings indicate that the principal is implementing many of the practices that characterise effective leadership in successful schools. The principal’s leadership practice is guided by her understandings of culturally responsive leadership, which emphasises the importance of developing quality relationships and quality teaching and learning. Consequently, she has focused her leadership practice on three interrelated strategies that reflect this theorising. The strategies include: prioritising the development of relationships with and between school stakeholders, establishing systems and structures to support the development of relationships and creating a school culture of learning where teachers reject deficit theorising, accept ownership for the performance of students, implement culturally responsive teaching practices and are critically reflective about their practice. This study suggests that further research examining culturally responsive leadership in mainstream education is needed to provide a more comprehensive profile of a culturally responsive leader in the New Zealand context. However, this report does provide an interesting point for reflection and discussion amongst school leaders who want to raise Maori student achievement and reduce disparities.

text: Examining Culturally Responsive Leadership: An investigation into how one school leader, in a primary school setting, provides culturally responsive leadership that ensures Maori students achieve Addressing the achievement disparities that exist within New Zealand education between Maori and non-Maori is a major government priority and is identified by the Ministry of Education as being a critical challenge for school leadership (Ministry of Education, 2008a). Therefore, an important question for school leaders to contemplate is: How do we raise Maori student achievement and eliminate the ‘gap’, or more specifically, what are the teaching and leadership practices that will make a difference? The research project presented in this thesis examines how one school leader, in a mainstream primary school setting, provides culturally responsive leadership practice that ensures Maori students achieve. This case study was conducted within a kaupapa Maori theoretical framework and used a mixed methods approach that incorporated the triangulation of quantitative and qualitative data. Quantitative data included student achievement data in reading, while qualitative data collection and analysis included school documents, participant observations of the principal, a series of semi-structured interviews and a stimulated recall interview with the principal and focus group interviews with the school leadership team and a group of teachers. The literature reviewed highlighted the centrality of culture in education, the implications for relationships and interactions between teachers and students that are born out of cultural deficit theorising and the potential culturally responsive teaching practices hold for students from minority groups. It also identified a series of effective leadership practices that enable school leaders to influence classroom teaching and have a subsequent impact on student outcomes. The case study school reflects a mainstream primary school context where the majority of Maori students are achieving at or above national expectations in reading. The findings indicate that the principal is implementing many of the practices that characterise effective leadership in successful schools. The principal’s leadership practice is guided by her understandings of culturally responsive leadership, which emphasises the importance of developing quality relationships and quality teaching and learning. Consequently, she has focused her leadership practice on three interrelated strategies that reflect this theorising. The strategies include: prioritising the development of relationships with and between school stakeholders, establishing systems and structures to support the development of relationships and creating a school culture of learning where teachers reject deficit theorising, accept ownership for the performance of students, implement culturally responsive teaching practices and are critically reflective about their practice. This study suggests that further research examining culturally responsive leadership in mainstream education is needed to provide a more comprehensive profile of a culturally responsive leader in the New Zealand context. However, this report does provide an interesting point for reflection and discussion amongst school leaders who want to raise Maori student achievement and reduce disparities.

year: 2010