Deakin Law Review最新文献_第2页

Sustainability in Large UK Listed Retail Companies: A Sectoral Analysis 英国大型零售上市公司的可持续性:一个行业分析

Deakin Law Review Pub Date : 2018-11-27 DOI: 10.21153/DLR2018VOL23NO0ART811

A. Keay, T. Iqbal

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引用次数: 4

Collective Responsibility and the Limits of Disclosure in Regulating Global Supply Chains 全球供应链管理中的集体责任与信息披露的局限性

Deakin Law Review Pub Date : 2018-11-26 DOI: 10.21153/DLR2018VOL23NO0ART809

C. Villiers

{"title":"Collective Responsibility and the Limits of Disclosure in Regulating Global Supply Chains","authors":"C. Villiers","doi":"10.21153/DLR2018VOL23NO0ART809","DOIUrl":"https://doi.org/10.21153/DLR2018VOL23NO0ART809","url":null,"abstract":"Global supply chains present major challenges for company law and corporate governance, nationally and internationally. Their increasing relevance in international business has led to a serious regulatory gap, especially in light of corporate involvement in human rights abuses, labour exploitation and environmental degradation. Alongside a number of international norms such as those expressed in the UN’s Guiding Principles on Business and Human Rights, there has been a proliferation in domestic and international law of disclosure provisions, mandating greater transparency by companies in response to the problems caused by global supply chains. In this paper, however, it is argued that disclosure is not a sufficient answer to such problems. It is suggested that we should approach the problems with a different conceptualisation of supply chain structures. If we regard them as ‘global poverty chains’, such a perspective brings about a moral response — a recognition that we have a collective responsibility to eradicate the poverty and suffering caused by the chains. This response necessitates that transparency requirements be altered and accompanied by a regulatory framework that empowers victims of poverty to be able to escape it.","PeriodicalId":43081,"journal":{"name":"Deakin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-11-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47929987","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

An International Convention on Refugee Resettlement 国际难民安置公约

Deakin Law Review Pub Date : 2018-10-27 DOI: 10.33107/ubt-ic.2018.256

Miah Gibson

引用次数: 2

Contamination of Food and Drinks: Product Liability in Australia 食品和饮料污染：澳大利亚的产品责任

Deakin Law Review Pub Date : 2018-02-23 DOI: 10.21153/DLR2016VOL21NO1ART718

P. Rajapakse

{"title":"Contamination of Food and Drinks: Product Liability in Australia","authors":"P. Rajapakse","doi":"10.21153/DLR2016VOL21NO1ART718","DOIUrl":"https://doi.org/10.21153/DLR2016VOL21NO1ART718","url":null,"abstract":"This article examines the Australian law determining liability of manufacturers and retailers for injury or death allegedly caused by food and drink products which were spoiled, contaminated, or otherwise in a deleterious condition. Product liability and the issue of negligence associated with consumption of foods or drinks deemed as contaminated form the key points of discussion in this article. The liability of manufacturers, processors, wholesalers and retailers are explored with reference to elements of negligence, breach of express or implied warranty, misrepresentation, and strict liability in tort. Australian case law as it pertains to duty of care, breach, causation, and damage has been established and there are consumer protection and product safety laws at both state and federal levels that provide for those affected by contamination/harmful condition of food and drink products. This article explores examples of negligence as the basis of manufacturer’s, processor’s and retailer’s liability in tort (common law and Civil Liability Act 2003 (Qld)) as well as liability under the federal and state legislation such as the Competition and Consumer Act 2010 (Cth), the Food Act 2006 (Qld) and the Australia New Zealand Food Standards Code). The various defences of contributory negligence of consumers, and obvious risk of injury suffered, as well as those established by manufacturers/retailers in the relevant proceedings are used to show the complexity of this issue. The article concludes with recommendations for consumers and businesses to avoid the risk of food contamination and to maintain food safety.","PeriodicalId":43081,"journal":{"name":"Deakin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45812934","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: 2

Kickstarting Reconnection: An Approach to Legal Problems Arising from Emerging Technologies 众筹重连:新兴技术引发的法律问题

Deakin Law Review Pub Date : 2018-02-23 DOI: 10.21153/DLR2017VOL22NO1ART722

Kayleen Manwaring

{"title":"Kickstarting Reconnection: An Approach to Legal Problems Arising from Emerging Technologies","authors":"Kayleen Manwaring","doi":"10.21153/DLR2017VOL22NO1ART722","DOIUrl":"https://doi.org/10.21153/DLR2017VOL22NO1ART722","url":null,"abstract":"A new model, or ‘third wave’, of computing is emerging, based on the widespread use of processors with data handling and communications capabilities embedded in a variety of objects and environments that were not previously computerised. Various terms have been used to describe this third wave, including ‘ubiquitous’ and ‘pervasive’ computing, ‘ambient intelligence’, the ‘Internet of Things’ and ‘eObjects’. With the socio-technical change brought about by this third wave comes the possibility of a disconnection between the law and the new things, activities, and relationships enabled by this new model of computing. This disconnection may lead to legal problems of uncertainty, under- or over-inclusiveness of conduct in existing law, obsolescence, or the complete absence of laws regulating new behaviour. Early and rigorous identification and categorisation of legal problems is crucial for emerging technologies, to assist in avoiding two problems: the first being the stifling of beneficial innovation by over-regulation, the second the cementing of socially undesirable outcomes when vested interests are left too long unchecked. Although the technologies in the third wave are diverse, common attributes can be identified, and from examination of these attributes significant innovations are revealed. This paper examines these innovations to assist in identifying legal problems arising from the third wave.While privacy and data protection issues have unsurprisingly dominated the scholarly and popular literature on the third wave, this article shows that legal problems extend well beyond these concerns. It uncovers a diversity of legal problems in areas including product liability, anti-hacking legislation, consumer protection, contract, and intellectual property. It does not attempt to uncover all legal problems that might arise, but instead provides a roadmap to further research in this area.","PeriodicalId":43081,"journal":{"name":"Deakin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48248388","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: 2

The Australian indigenous business exemption as a 'special measure': Questions of effectiveness 作为“特别措施”的澳大利亚本土企业豁免：有效性问题

Deakin Law Review Pub Date : 2018-02-23 DOI: 10.21153/DLR2016VOL21NO1ART716

M. Storey

引用次数: 1

China’s Financial Regulations: Are Other WTO Members’ Concerns Realistic or Overcritical? 中国金融监管:其他WTO成员的担忧是现实的还是过分的?

Deakin Law Review Pub Date : 2018-02-23 DOI: 10.21153/DLR2017VOL22NO1ART725

C. Tao

{"title":"China’s Financial Regulations: Are Other WTO Members’ Concerns Realistic or Overcritical?","authors":"C. Tao","doi":"10.21153/DLR2017VOL22NO1ART725","DOIUrl":"https://doi.org/10.21153/DLR2017VOL22NO1ART725","url":null,"abstract":"Since China’s WTO accession it has been involved in four WTO disputes relating to financial services as the respondent, while other WTO Members remain concerned that China continues to limit access to foreign financial services and service suppliers. As other WTO Members’ concerns could be either realistic or overcritical, this paper aims to explore whether there are any further inconsistencies in China’s GATS obligations and financial regualtions. After reviewing all WTO Members’ concerns on China’s financial services, this paper examines the consistency of four frequently and constantly raised issues with the GATS agreement and China’s WTO obligations. As a result, this paper finds that two regulations are inconsistent with Article XVI and Article XVII of the GATS: the 20 per cent cap on shareholding in a Chinese-funded bank by a single foreign financial institution, and the 1 million RMB minimum for foreign banks’ local currency business. Further, China still has not complied with its transparency obligations under the Accession Protocol and Working Party Report. These findings are significant for the Chinese government as well as other WTO Members who already have or want to have close trade relations with China in financial services.","PeriodicalId":43081,"journal":{"name":"Deakin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44696337","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

The Social Construction of Human Rights Legislation: Interpreting Victoria’s Statutes through their Limitations 人权立法的社会建构——解读维多利亚州法律的局限性

Deakin Law Review Pub Date : 2018-02-23 DOI: 10.21153/dlr2017vol22no1art721

R. Solomon

引用次数: 1

Moral Rights: Exploring the Myths, Meanings and Misunderstandings in Australian Copyright Law 精神权利:探究澳大利亚著作权法的神话、意义与误解

Deakin Law Review Pub Date : 2018-02-23 DOI: 10.21153/DLR2016VOL21NO1ART727

F. Cantatore, Jane Johnston

{"title":"Moral Rights: Exploring the Myths, Meanings and Misunderstandings in Australian Copyright Law","authors":"F. Cantatore, Jane Johnston","doi":"10.21153/DLR2016VOL21NO1ART727","DOIUrl":"https://doi.org/10.21153/DLR2016VOL21NO1ART727","url":null,"abstract":"This article examines how moral rights are treated in Australian publishing contracts, and whether this approach is consistent with the expectations of authors, journalists and academics. Although, in theory, moral rights cannot be sold or assigned in Australia, the apparent wide scope for exceptions raises questions of whether there is any real protection afforded to creators under the Copyright Act 1968 (Cth), notably in circumstances that relate to pressure on creators to accept contractual terms in order to get published. Additionally, Australian case law reflects some uncertainty about the traditionally accepted non-economic nature of moral rights. The article examines recent case law in this field, found in Meskenas, Perez and Corby, and considers the literature associated with development of moral rights in Australia. It then presents the findings of a two-part study of moral rights in Australia; first through the results of interviews with 176 Australian authors, journalists and academics, followed by an analysis of 20 publishing contracts. It concludes that — in some, but not all, instances — a combination of the exceptions allowed under the Act and practical exigencies have diluted the unique character of authors’ moral rights and have created an environment of uncertainty.","PeriodicalId":43081,"journal":{"name":"Deakin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46660844","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

Future Property and the Torrens System 未来财产和托伦斯系统

Deakin Law Review Pub Date : 2018-02-23 DOI: 10.21153/dlr2017vol22no1art726

Glen Anderson

引用次数: 0