title: Extraterritoriality and the Rule of Law

authors: Daya-Winterbottom, Trevor

abstract: This paper will focus on state responsibility. In particular, it will focus on the obligation of states under Principle 2 of the Rio Declaration 1992 “to ensure that activities within their jurisdiction or control do not cause damage to the environment of … areas beyond the limits of national jurisdiction”.
The ideal of legal equality, or the universal application of the law to all persons (natural and juridical) by the ordinary courts is a key ingredient of the Rule of Law. This paper will therefore argue that extraterritorial legislation should be used by states to control the activities of non-state actors (e.g. citizens, permanent residents, and registered aircraft, companies, and ships) as a universal mechanism for preventing damage to the global environment generally - and areas beyond the limits of national jurisdiction (such as the Polar regions) in particular.
To address this central question the paper will critically examine and interrogate the legal and theoretical basis for extraterritorial legislation from the perspectives of constitutional law, criminal law, environmental law, and international law.

text: Extraterritoriality and the Rule of Law This paper will focus on state responsibility. In particular, it will focus on the obligation of states under Principle 2 of the Rio Declaration 1992 “to ensure that activities within their jurisdiction or control do not cause damage to the environment of … areas beyond the limits of national jurisdiction”.
The ideal of legal equality, or the universal application of the law to all persons (natural and juridical) by the ordinary courts is a key ingredient of the Rule of Law. This paper will therefore argue that extraterritorial legislation should be used by states to control the activities of non-state actors (e.g. citizens, permanent residents, and registered aircraft, companies, and ships) as a universal mechanism for preventing damage to the global environment generally - and areas beyond the limits of national jurisdiction (such as the Polar regions) in particular.
To address this central question the paper will critically examine and interrogate the legal and theoretical basis for extraterritorial legislation from the perspectives of constitutional law, criminal law, environmental law, and international law.

year: 2020

title: Promoting risk taking in mathematics classrooms: The importance of creating a safe learning environment

authors: Sharma, Sashi

abstract: Students beliefs and attitudes towards risk taking can impact on their mathematics learning and performance. However, at present, risk is not established in the field of mathematics education. The challenge for mathematics teachers in developing their students' risk taking dispositions is to choose appropriate activities and tools that match this concept and the learning needs of the students. This paper describes some research-based ideas for promoting risk taking behaviours in a mathematics classroom. It presents interactional pedagogical strategies from a design collaborative research conducted at one secondary school. As part of the learning activities, students critically evaluated statistical investigations undertaken by others. Students had to take risks: ask critical questions, construct statistical arguments and respond to others' arguments in face of criticisms. The findings are interpreted in relation to recent writing about students' abilities to take risks in mathematics classrooms. The final section considers the issues arising out of the paper and offers suggestions for meeting these challenges.

text: Promoting risk taking in mathematics classrooms: The importance of creating a safe learning environment Students beliefs and attitudes towards risk taking can impact on their mathematics learning and performance. However, at present, risk is not established in the field of mathematics education. The challenge for mathematics teachers in developing their students' risk taking dispositions is to choose appropriate activities and tools that match this concept and the learning needs of the students. This paper describes some research-based ideas for promoting risk taking behaviours in a mathematics classroom. It presents interactional pedagogical strategies from a design collaborative research conducted at one secondary school. As part of the learning activities, students critically evaluated statistical investigations undertaken by others. Students had to take risks: ask critical questions, construct statistical arguments and respond to others' arguments in face of criticisms. The findings are interpreted in relation to recent writing about students' abilities to take risks in mathematics classrooms. The final section considers the issues arising out of the paper and offers suggestions for meeting these challenges.

year: 2015-01-01

title: Evaluation of iwi and hapū participation in the resource consents processes of six district councils

authors: Backhurst, Michael

subjects: New Zealand

abstract: This working paper analyses the processes adopted by councils for involving hapū/iwi in plan implementation, including the resource consents process. Three topic issues were investigated to assess plan implementation — urban amenity, storm water, and issues of importance to iwi. Questions were asked about the capacity of hapū/iwi to engage in the resource consent process, which resource issues were of concern to them, their relationship with council and consent applicants, and their perception of the consent process. Most resources listed in the questionnaire were of concern to hapū/iwi, with water quality, wāhi tapu and heritage the most commonly cited. In conclusion, we found a general dissatisfaction on the part of hapū/iwi with councils’ performance with respect to both Treaty relationships and consent processing under the RMA. A further contributing factor to the poor relationships found between hapū/iwi and councils, was the lack of clarity over the role of hapū and iwi in resource management. In several districts, diverging responses from hapū/iwi and councils to questions about level of understanding and commitment suggests there is a need for more effective communication. These problems are compounded by the generally low capacity of hapū/iwi to participate in resource consent processes. These findings suggest that there is much to be done to improve relationships and behaviour of these key stakeholder groups in the plan implementation process if key provisions in the RMA related to hapū/iwi interests are to be fulfilled. The differences shown in reciprocal perceptions have serious implications for establishing a sound working partnership between councils and hapū/iwi in their areas. Making clear these discrepancies is a first step towards taking the measures needed for building a better partnership. Further, the capacity of hapū/iwi to participate could be better utilised if there was greater integration between regional and district councils on issues of significance and processes for iwi involvement.

text: Evaluation of iwi and hapū participation in the resource consents processes of six district councils This working paper analyses the processes adopted by councils for involving hapū/iwi in plan implementation, including the resource consents process. Three topic issues were investigated to assess plan implementation — urban amenity, storm water, and issues of importance to iwi. Questions were asked about the capacity of hapū/iwi to engage in the resource consent process, which resource issues were of concern to them, their relationship with council and consent applicants, and their perception of the consent process. Most resources listed in the questionnaire were of concern to hapū/iwi, with water quality, wāhi tapu and heritage the most commonly cited. In conclusion, we found a general dissatisfaction on the part of hapū/iwi with councils’ performance with respect to both Treaty relationships and consent processing under the RMA. A further contributing factor to the poor relationships found between hapū/iwi and councils, was the lack of clarity over the role of hapū and iwi in resource management. In several districts, diverging responses from hapū/iwi and councils to questions about level of understanding and commitment suggests there is a need for more effective communication. These problems are compounded by the generally low capacity of hapū/iwi to participate in resource consent processes. These findings suggest that there is much to be done to improve relationships and behaviour of these key stakeholder groups in the plan implementation process if key provisions in the RMA related to hapū/iwi interests are to be fulfilled. The differences shown in reciprocal perceptions have serious implications for establishing a sound working partnership between councils and hapū/iwi in their areas. Making clear these discrepancies is a first step towards taking the measures needed for building a better partnership. Further, the capacity of hapū/iwi to participate could be better utilised if there was greater integration between regional and district councils on issues of significance and processes for iwi involvement.

year: 2004-03