Deakin Law Review最新文献

The Peripatetic Nature of EU Corporate Tax Law 欧盟企业税法的游走性

Deakin Law Review Pub Date : 2019-08-30 DOI: 10.21153/dlr2019vol24no1art870

C. Panayi

引用次数: 1

Damages for Wrongful Fertilisation: Reliance on Policy Considerations 不当施肥的损害赔偿：依赖政策考虑

Deakin Law Review Pub Date : 2019-08-30 DOI: 10.21153/dlr2019vol24no1art874

Chen Meng. Lam

{"title":"Damages for Wrongful Fertilisation: Reliance on Policy Considerations","authors":"Chen Meng. Lam","doi":"10.21153/dlr2019vol24no1art874","DOIUrl":"https://doi.org/10.21153/dlr2019vol24no1art874","url":null,"abstract":"In what was described as ‘one of the most difficult cases’ that had come before it, the Singapore Court of Appeal in ACB v Thomson Medical Pte Ltd (‘ACB’) recognised, for the first time, the loss of genetic affinity as an independent head of loss that would allow a plaintiff to recover damages in a claim for wrongful fertilisation. In ACB, the Court of Appeal dismissed the claim for upkeep costs of raising the child from birth to maturity, and instead identified the loss of genetic affinity as the real harm for which damages should be awarded to compensate for the mistaken use of sperm from an unknown third party. An interesting aspect of ACB was how the Court of Appeal grappled with policy considerations as the basis for its decision. The influence of policy considerations in ACB raises the question of whether the decision runs contrary to the long-standing view that there is little room for public policy reasoning in private law adjudication. In this article, the author argues that the Court of Appeal’s decision in ACB was correctly made as it rightly embraced policy considerations in rejecting the upkeep claim and focused on the value of biological relationships in recognising an interest in genetic affinity.","PeriodicalId":43081,"journal":{"name":"Deakin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45479422","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

Recommendations on the Optimal Constitutional Recognition of the First Nations in Australia 关于澳大利亚第一民族最佳宪法承认的建议

Deakin Law Review Pub Date : 2019-08-30 DOI: 10.21153/dlr2019vol24no1art875

B. Gussen

引用次数: 0

Dissonance in Global Financial Law 全球金融法律中的不和谐

Deakin Law Review Pub Date : 2019-08-30 DOI: 10.21153/dlr2019vol24no1art871

Dalit Flaiszhaker

{"title":"Dissonance in Global Financial Law","authors":"Dalit Flaiszhaker","doi":"10.21153/dlr2019vol24no1art871","DOIUrl":"https://doi.org/10.21153/dlr2019vol24no1art871","url":null,"abstract":"This article explores whether the post-GFC global financial architecture is likely to provide efficient regulation capable of preventing a future crisis from occurring. The article starts with a brief overview of the emergence in the 1970s of global financial architecture. A thorough descriptive analysis of the post-crisis architecture follows, raising serious doubts regarding the current architecture’s ability to accomplish its goal. This analysis is performed in two stages, taking first an outsider’s perspective on the changes the architecture underwent after the crisis and moving then to the inside — the structure and contents of the architecture. Using macro-prudential methodological tools, the establishment of the Financial Stability Board is reviewed, along with three cutting edge regulations: the Basel III framework for banking, the IOSCO’s recommendation for money market funds, and the FSB’s recommendations regarding repurchase agreements. Pointing out the architecture’s perceived failure to provide stability due to severe regulatory arbitrage, the article then widens the lens to explore the implications of the above regulation. The article suggests that the current architecture encourages ‘financialisation’ and pushes the financial system and the real economy further apart. Consequently, the article raises normative concerns regarding the legal foundations of the global financial architecture, and its legitimacy.","PeriodicalId":43081,"journal":{"name":"Deakin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48063978","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

‘The Foundation of Choice of Law: Choice and Equality’ by Sagi Peari 萨吉·皮里的《法律选择的基础：选择与平等》

Deakin Law Review Pub Date : 2019-08-30 DOI: 10.21153/dlr2019vol24no1art876

B. Hayward

引用次数: 1

Adjusting the North-South Balance: Southern Judicial Boldness and its Implications for the Regulation of Global Supply Chains 调整南北平衡：南方司法的大胆及其对全球供应链监管的启示

Deakin Law Review Pub Date : 2018-11-27 DOI: 10.21153/DLR2018VOL23NO0ART808

James Fowkes

引用次数: 0

Introduction 介绍

Deakin Law Review Pub Date : 2018-11-27 DOI: 10.21153/dlr2018vol23no0art802

J. D. du Plessis, J. Kämmerer

引用次数: 0

2018 Deakin Law Oration: Human Rights and Good Corporate Citizenship 2018迪肯法律演讲：人权与良好企业公民

Deakin Law Review Pub Date : 2018-11-27 DOI: 10.21153/DLR2018VOL23NO0ART803

M. King

引用次数: 1

Global Supply Chain Governance: The Search for ‘What Works’ 全球供应链治理:寻找“可行之道”

Deakin Law Review Pub Date : 2018-11-27 DOI: 10.21153/DLR2018VOL23NO0ART806

Andreas Rühmkorf

引用次数: 1

The State Duty to Protect against Human Rights Violations through Transnational Business Activities 防止跨国商业活动侵犯人权的国家义务

Deakin Law Review Pub Date : 2018-11-27 DOI: 10.21153/DLR2018VOL23NO0ART804

Markus Krajewski

{"title":"The State Duty to Protect against Human Rights Violations through Transnational Business Activities","authors":"Markus Krajewski","doi":"10.21153/DLR2018VOL23NO0ART804","DOIUrl":"https://doi.org/10.21153/DLR2018VOL23NO0ART804","url":null,"abstract":"Transnational corporations are currently not formally bound by international human rights obligations. Instead, states have a duty to protect individuals against human rights abuses by third parties, including corporations. While it is undisputed that this obligation extends to all individuals living on the territory of the respective state, the extraterritorial scope of the duty to protect remains contested. This is especially the case for human rights violations through transnational business activities. The state on whose territory the violation occurs has a duty to protect human rights by adopting and implementing labour and environmental laws applicable in that state. However, it is less clear if and to what extent the state of the main seat of the mother company or the global ordering company — the ‘home state’ — also has a human rights duty to regulate transnational business activity. This article argues that such a duty can be based on existing human rights doctrine and standards of general international law such as the ‘no harm’ rule and the due diligence principle. It argues that states have a duty to regulate transnational business activities of corporations over which they exercise jurisdiction if human rights violations caused by such activities are predictable and preventable. In its final part, the article assesses various approaches in state practice which could be seen as instruments in the fulfilment of the duty to regulate transnational business activities.","PeriodicalId":43081,"journal":{"name":"Deakin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45851303","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: 6