Victoria University of Wellington law review最新文献_第9页

The Necessity of Interdisciplinary Investigations for Proper Understanding of the History of International Law 跨学科研究对正确理解国际法史的必要性

Victoria University of Wellington law review Pub Date : 2021-09-21 DOI: 10.26686/vuwlr.v52i2.7120

Inura Fernando

引用次数: 0

Niue in New Zealand Legislation 纽西兰纽埃立法

Victoria University of Wellington law review Pub Date : 2021-09-21 DOI: 10.26686/vuwlr.v52i2.7119

Tony Angelo, Elisabeth Perham, Yi-Shen Lau

引用次数: 0

"I Think She's Learnt Her Lesson": Juror Use of Cultural Misconceptions in Sexual Violence Trials “我想她已经吸取了教训”:陪审员在性暴力审判中使用文化误解

Victoria University of Wellington law review Pub Date : 2021-09-21 DOI: 10.26686/vuwlr.v52i2.7128

Yvette Tinsley, C. Baylis, W. Young

引用次数: 2

A Law and Behavioural Economics Analysis of High-Cost Lending in New Zealand 新西兰高成本贷款的法律与行为经济学分析

Victoria University of Wellington law review Pub Date : 2021-09-21 DOI: 10.26686/vuwlr.v52i2.7124

J. Mclanahan

引用次数: 0

Australian Directors' Duties: What Does It Mean to Say They are Public Duties? 澳大利亚董事的责任:何为公共责任?

Victoria University of Wellington law review Pub Date : 2021-09-21 DOI: 10.26686/vuwlr.v52i2.7122

D. Kingsford-Smith

引用次数: 0

Medical Device Regulation and the Proposed Therapeutic Products Bill: Devising a New Regime 医疗仪器规例及建议的治疗产品条例草案:制订新制度

Victoria University of Wellington law review Pub Date : 2021-08-31 DOI: 10.26686/vuwlr.v52i1.7121

L. Hardcastle

{"title":"Medical Device Regulation and the Proposed Therapeutic Products Bill: Devising a New Regime","authors":"L. Hardcastle","doi":"10.26686/vuwlr.v52i1.7121","DOIUrl":"https://doi.org/10.26686/vuwlr.v52i1.7121","url":null,"abstract":"Despite medical devices being integral to modern healthcare, New Zealand's regulation of them is decidedly limited, with repeated attempts at reform having been unsuccessful. With the Government now indicating that new therapeutic products legislation may be introduced before the end of the year, the article considers the case for change, including to promote patient safety, before analysing the draft Therapeutic Products Bill previously proposed by the Ministry of Health, and on which any new legislation is expected to be based. It concludes that, while the proposed Bill is a step in the right direction, introducing regulatory oversight where there is currently next to none, there is still significant work to be done. In particular, it identifies a need to clarify whether the regime is indeed to be principles-based and identifies further principles which might be considered for inclusion. It further proposes regulation of cosmetic products which operate similarly to medical devices to promote safety objectives, while finding a need for further analysis around the extent to which New Zealand approval processes should rely on overseas regulators. Finally, it argues that, in an area with such major repercussions for people's health, difficult decisions around how to develop a framework which balances safety with speed to market should not be left almost entirely to an as yet unknown regulator but, rather, more guidance from Parliament is needed.","PeriodicalId":426444,"journal":{"name":"Victoria University of Wellington law review","volume":"58 6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127028413","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Qassem Soleimani, Targeted Killing of State Actors, and Executive Order 12,333 卡西姆·索莱马尼，定点清除国家行为者，以及第12333号行政命令

Victoria University of Wellington law review Pub Date : 2021-06-27 DOI: 10.26686/vuwlr.v52i1.6849

Taran Molloy

{"title":"Qassem Soleimani, Targeted Killing of State Actors, and Executive Order 12,333","authors":"Taran Molloy","doi":"10.26686/vuwlr.v52i1.6849","DOIUrl":"https://doi.org/10.26686/vuwlr.v52i1.6849","url":null,"abstract":"The targeted killing of the Iranian military leader Qassem Soleimani in an American drone strike in January 2020 marked a novel development in the operation of the United States' drone programme; targeting a member of a state's armed forces as opposed to a member of a non-state armed group. Soleimani's killing offers an opportunity to re-examine the scope of Executive Order 12,333, which prohibits employees of the United States Government from committing assassinations. This article applies Executive Order 12,333's \"assassination ban\" to the Soleimani strike. The assassination ban's scope varies depending on whether it is applied in a wartime or peacetime context. This article concludes from the surrounding factual and legal context that the strike should be analysed according to the peacetime definition of assassination, which necessitates an analysis of the strike's compliance with the jus ad bellum, the legal framework applicable to uses of interstate force. It finds that the strike's non-compliance with the jus ad bellum, in addition to its likely political motive create a strong argument that the strike would constitute a prohibited assassination under the terms of the Executive Order, but the legal framework surrounding the Executive Order limits its direct enforceability with respect to presidentially authorised uses of force. It ultimately concludes that, despite the assassination ban's lack of direct enforceability, it nevertheless creates a strong normative counterbalance against an increasing tendency toward expansive uses of extraterritorial force.","PeriodicalId":426444,"journal":{"name":"Victoria University of Wellington law review","volume":"163 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124295394","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Is Voluntary Administration Failing Companies? An Investigation into the Operation of Voluntary Administration in New Zealand from Inception to 2019 自愿管理让公司失败了吗?新西兰自愿行政制度成立至2019年运行情况调查

Victoria University of Wellington law review Pub Date : 2021-06-27 DOI: 10.26686/vuwlr.v52i1.6844

Sebastian Ellice

引用次数: 0

Kia Whakatōmuri Haere Whakamua: Implementing Tikanga Māori as the Jurisdictional Framework for Overlapping Claims Disputes Kia Whakatōmuri Haere Whakamua:实施Tikanga Māori作为重叠索赔纠纷的管辖框架

Victoria University of Wellington law review Pub Date : 2021-06-27 DOI: 10.26686/vuwlr.v52i1.6850

R. Morar

{"title":"Kia Whakatōmuri Haere Whakamua: Implementing Tikanga Māori as the Jurisdictional Framework for Overlapping Claims Disputes","authors":"R. Morar","doi":"10.26686/vuwlr.v52i1.6850","DOIUrl":"https://doi.org/10.26686/vuwlr.v52i1.6850","url":null,"abstract":"This article addresses the misconception that overlapping rights to land are always in tension with one another. In this article, I apply a tikanga-based analysis to the policy on overlapping rights that is used in the settlement of historical Treaty of Waitangi claims. I argue that the supremacy of colonial law within the State legal system continues to suppress indigenous relationality and limit the mechanisms for reciprocity. This article problematises the following claims made about overlapping claims disputes. First, that overlapping rights are too complex for judicial resolution. This article examines the ways in which overlapping rights are capable of co-existing to preserve relationships between different iwi and hapū. Second, that tikanga is a contestable system of law and should not be regarded as a question of law or as a jurisdictional framework for resolving such disputes. This article critically analyses the extent to which these claims are based on the supremacy of colonial law within the State legal system by considering the application of tikanga in the courts and alternative dispute resolution processes. I argue that tikanga Māori is the only applicable framework whereby differences can be mediated in a way that preserves the relationships between the parties and provides redress mechanisms for continuing reciprocity. This article concludes that the State legal system at present continues to delegitimise indigenous relationality in ways that amalgamate rights into a colonial recognition framework, which fails to recognise tikanga Māori as an equal system of law in Aotearoa New Zealand.","PeriodicalId":426444,"journal":{"name":"Victoria University of Wellington law review","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131963120","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Contracting out Rules for Family Income Sharing Arrangements: Providing Certainty and Protecting the Vulnerable 家庭收入分享安排的外包规则:提供确定性和保护弱势群体

Victoria University of Wellington law review Pub Date : 2021-06-27 DOI: 10.26686/vuwlr.v52i1.6846

Peter Kelly

{"title":"Contracting out Rules for Family Income Sharing Arrangements: Providing Certainty and Protecting the Vulnerable","authors":"Peter Kelly","doi":"10.26686/vuwlr.v52i1.6846","DOIUrl":"https://doi.org/10.26686/vuwlr.v52i1.6846","url":null,"abstract":"Despite equal division of assets at the end of a relationship, residual economic disparity often remains. This is especially common when one partner has left the workforce to care for children. Addressing such divergent economic prospects at the end of long-term relationships has been a perennial policy challenge. In 2019, the Law Commission completed its review of the Property (Relationships) Act 1976 (PRA). The Commission recommended replacing the current economic disparity compensation and maintenance regimes with an income pooling mechanism: Family Income Sharing Arrangements (FISAs). It also recommended that couples be able to contract out of FISAs. This article explores the rationale for changing the current regime and the conceptual underpinnings of the proposed FISA regime, using human capital as a framework. The article proposes a detailed policy regime for FISA contracting out. The proposed rules consider the needs of couples with children, where a partner has left the labour force, or where lived reality has not met the couple's ex ante expectations. The resulting rules meet the policy goal of allowing couples to contract out of FISAs, but only where their contract causes no hardship. Additional disclosure is also recommended for contracting out of the other provisions of the PRA, with greater deference recommended for such private arrangements as a result.","PeriodicalId":426444,"journal":{"name":"Victoria University of Wellington law review","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124930642","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0