Deakin Law Review最新文献

{"title":"Addressing Gender Quotas in South Africa: Women Employment and Gender Equality Legislation","authors":"J. Hills","doi":"10.21153/DLR2015VOL20NO1ART498","DOIUrl":"https://doi.org/10.21153/DLR2015VOL20NO1ART498","url":null,"abstract":"A significant development in the area of gender quota legislation is driven by South Africa’s latest National Policy Framework for Women Empowerment and Gender Equality (WEGE) legislation. This legislation expands on the values and principles that need to be integrated into policies, practices and programs of the private sector and government to ensure gender equality and quotas. The legislation strives for 50 per cent female representation on the executive bodies of all organisations. Another unique feature of diversity in South Africa is achieved through the Black Economic Empowerment (BEE) Program. South Africa’s BEE Scorecard Policies and Empowerment Strategies are unique, affecting quota decisions and behaviour.","PeriodicalId":43081,"journal":{"name":"Deakin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2015-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67651102","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}

{"title":"Gender Diversity in the Board Room & Its Impacts: Is the Example of Norway a Way Forward?","authors":"Beate Sjåfjell","doi":"10.2139/SSRN.2536777","DOIUrl":"https://doi.org/10.2139/SSRN.2536777","url":null,"abstract":"It seems logical and obvious that limiting oneself to only men or only women in any corporate setting may diminish the potential for constructive and open-minded discussions that bring a company forward. Detrimental group-think is a risk in any very homogenous context. Conversely, the positive effects of diversity – gender, cultural and age – are well-known. Experienced business people will tell us that having a heterogeneous board is fruitful. So in the words of one of the male contributors at the gender diversity conference at Deakin University October 2014 where this paper was presented: “why don’t they get it”? Why the resistance, or formulated positively: the very slow progress, which underpins the discussion of whether to legislate to achieve change? The example of Norway is striking here. Norway is one of the most egalitarian countries with a high level of gender equality and a high percentage of women at work. Nevertheless, as this article outlines, mandatory rules appeared necessary to bring about the desired change in the composition of the boards – business did not do this on its own, in spite of a long grace period. The explanation to why they don’t get it seems to be a combination of be path-dependency, power and money.This article goes on in Section 2 to present the coup that got us this rule as the first country in the world and its innovative legislative approach. In Section 3, the Norwegian rule is elaborated on including its background as a corporate governance initiative rather than a gender equality one and the compliance by Norwegian companies. In Section 4, the article discusses the effect of the rule after first elaborating on the challenges and uncertainties connected with such an investigation. With these caveats, the corporate governance significance of gender diversity is discussed, drawing on empirical studies of the effect on the performance of the companies. This may be especially relevant for the discussion that the Norwegian rule has inspired in many jurisdictions around the world. The article also discusses the potentially broader impact of gender diversity in the board room, including the pressing question of whether gender diversity in the board room can help companies create sustainable value within the planetary boundaries. Section 5 concludes with some reflections as to whether Norway indeed here is an example to follow.","PeriodicalId":43081,"journal":{"name":"Deakin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2015-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68195635","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}

{"title":"Board Gender Quotas in Germany and the EU: An Appropriate Way of Equalising Participation of Women and Men?","authors":"Raphael Koch","doi":"10.21153/DLR2015VOL20NO1ART494","DOIUrl":"https://doi.org/10.21153/DLR2015VOL20NO1ART494","url":null,"abstract":"The professional equalisation of men and women has become one of the most discussed topics in politics over the last years. As a solution to this problem many European countries have introduced regulations which ensure special quotas for women on the managing boards of companies. The main problem concerning such gender quotas is that the equalisation of men and women is primarily a sociopolitical objective which might result in a possible conflict with national and European constitutional law. Consequently, the current legal situation in Germany and the EU needs to be analysed critically. Therefore the different ways of incorporating gender quotas into the existing legal system must be compared with each other.","PeriodicalId":43081,"journal":{"name":"Deakin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2015-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67651530","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}

{"title":"Assessing Loss Dependent upon Hypothetical Past Events","authors":"Sirko Harder","doi":"10.21153/DLR2014VOL19NO2ART342","DOIUrl":"https://doi.org/10.21153/DLR2014VOL19NO2ART342","url":null,"abstract":"The assessment of loss allegedly caused by a civil wrong depends upon what would have happened but for the wrong. Where this cannot be resolved with certainty, the plaintiff’s loss must be assessed either on the balance of probabilities according to the more likely hypothesis (all or nothing), or by reference to the degree of probability that an event would have occurred but for the defendant’s wrong (partial recovery). Australian courts have not subjected all uncertain events to a single approach. This article explores how the courts have approached the various categories of hypothetical past events, and how the plaintiff’s loss will be assessed where multiple events of different types are inextricably interwoven","PeriodicalId":43081,"journal":{"name":"Deakin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2014-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67650658","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}

{"title":"Common Sense or Unnecessary Complexity? The Recent Change to the Right to Silence in New South Wales","authors":"A. Cameron","doi":"10.21153/dlr2014vol19no2art345","DOIUrl":"https://doi.org/10.21153/dlr2014vol19no2art345","url":null,"abstract":"The New South Wales government has now enacted section 89A of the Evidence Act 1995 (NSW), which will significantly amend the right to silence. The new provision allows courts in certain circumstances to draw unfavourable inferences from evidence of silence in criminal proceedings. Parliament has justified the legislation as a ‘common sense’ approach, intended to prevent offenders hiding behind a wall of silence. However the benefits of the legislation are expected to be minimal at best. Although critics have already put forward weighty theoretical arguments opposing the enactment of the new provision, how it will operate in New South Wales courts remains to be seen. This article will undertake a detailed comparative analysis, examining the operation of similar legislation in the United Kingdom to determine how section 89A might be interpreted and applied in New South Wales. This analysis suggests that the need for extensive and complicated jury directions, the problems in determining whether the provision is to be invoked at all, and the complex test used in deciding whether it was reasonable for the accused to remain silent, will create significant difficulties in the application of section 89A. It is contended that the number and seriousness of these difficulties, coupled with the only limited benefit (if any) to be derived from the section, justify the close monitoring of section 89A and its review at an appropriate time.","PeriodicalId":43081,"journal":{"name":"Deakin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2014-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67650737","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}

{"title":"Why Good Lawyers Matter by D L Blaikie, T A Cromwell and D Pink (eds) and Legal Aid Lawyers and the Quest for Justice by Daniel Newman","authors":"Gilles Renaud","doi":"10.21153/DLR2014VOL19NO2ART347","DOIUrl":"https://doi.org/10.21153/DLR2014VOL19NO2ART347","url":null,"abstract":"","PeriodicalId":43081,"journal":{"name":"Deakin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2014-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67650815","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}

{"title":"International Food Standards and WTO Law","authors":"Mariela Maidana-Eletti","doi":"10.21153/DLR2014VOL19NO2ART435","DOIUrl":"https://doi.org/10.21153/DLR2014VOL19NO2ART435","url":null,"abstract":"Standards are used in all realms of human activity in order to specify the characteristics of a product, or its manufacture. In the process, they fulfil a range of functions, such as lowering risks, increasing trust and facilitating predictability in a given market. Standards reduce information costs for market players, which in turn allows for a more efficient functioning of the market. For international trade in foodstuffs, harmonisation of the wide variety of food standards is essential in order to facilitate the global food-sourcing trend. As traditional market access barriers are dismantled, non-tariff measures offer a tool for the potential protection of domestic products, thus calling for effective forms of food governance. This article explores the legal implications of international standards under the TBT Agreement in the light of the WTO Appellate Body’s case law. It further analyses the role played by international standard-setting organisations, such as the CAC and the ISO, in predicting the outcome of pending WTO disputes. Against this backdrop, this article also attempts to shed light on the current legal debate surrounding the use of private food standards within the SPS Committee.","PeriodicalId":43081,"journal":{"name":"Deakin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2014-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67651137","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}

{"title":"Family provision, the family farm and rural patriarchy : three actors in search of a play?","authors":"M. Voyce","doi":"10.21153/DLR2014VOL19NO2ART436","DOIUrl":"https://doi.org/10.21153/DLR2014VOL19NO2ART436","url":null,"abstract":"This article describes how rural claimants have had their claims dealt with under family provision legislation. This legislation provides that, where a testator does not provide adequate provision for the proper maintenance and support of certain dependants, the court in its discretion may make further provision out of the estate. As regards this legislation, this article concentrates on the expectations of farming sons who have worked on farms and who may expect to receive a major share of a family property. Their claim is compared against the claims of daughters and widows. The article contends that family provision legislation, which in many cases works to the advantage of farming sons, reflects forms of patriarchy which overlap with and incorporate rural ideas of labour and the place of women on farms.","PeriodicalId":43081,"journal":{"name":"Deakin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2014-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67651226","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}

{"title":"International Labour Law Standards Concerning Collective Bargaining in Public Essential Services","authors":"Giuseppe Carabetta","doi":"10.21153/DLR2014VOL19NO2ART434","DOIUrl":"https://doi.org/10.21153/DLR2014VOL19NO2ART434","url":null,"abstract":"Labour standards adopted under the auspices of the ILO constitute the principal international influences on public sector collective bargaining; it is those standards that are the subject of this article. Focusing on the position of essential public sector employees, ILO principles concerning collective bargaining, dispute settlement and the right of workers to withdraw their services as part of bargaining are examined. Particular attention is devoted to the application of ILO standards to essential public sector employees and police officers; and the extent to which Australian law complies with these standards. The ILO supervisory bodies have acknowledged that restrictions on the general right of workers to collectively bargain and to strike can be justified in the case of essential public employees, but only on a minimal or proportional analysis. The ILO has also emphasised that any restrictions on the right to strike must be compensated by adequate, impartial and speedy conciliation and arbitration processes. It is shown, however, that with respect to essential public employees and police officers operating under the Fair Work Act 2009 (Cth), Australian law falls short on both of these scores, with a resultant uncertainty regarding the right of these workers to bargain collectively.","PeriodicalId":43081,"journal":{"name":"Deakin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2014-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67650878","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}

{"title":"The Complete (but Unofficial) Guide to the Willem C Vis International Commercial Arbitration Moot - 2nd edition by Jorg Risse (ed) with Markus Altenkirch, Ragnar Harbst, Annette Keilmann and Lisa Reiser","authors":"B. Hayward","doi":"10.21153/DLR2014VOL19NO2ART437","DOIUrl":"https://doi.org/10.21153/DLR2014VOL19NO2ART437","url":null,"abstract":"","PeriodicalId":43081,"journal":{"name":"Deakin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2014-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67651276","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}