Regulatory and enabling approaches to corporate law enforcement : patterns of litigation 1986-2002 and the effect of recent reforms in New Zealand, Australia and the United Kingdom

Enforcement of corporate rights and duties may follow either a ‘regulatory’ or ‘enabling’ model. If a regulatory approach is taken, enforcement action will generally be undertaken by regulatory agencies such as, in New Zealand, the Registrar of Companies and Securities Commission, the Australian Securities and Investments Commission (ASIC) or the Department of Trade and Industry (DTI) in the United Kingdom. If an enabling approach is chosen, enforcement action will more often be by private parties such as company shareholders, directors or creditors. When New Zealand's company law was reformed in 1993, a primarily private enforcement regime was adopted, consisting of a list of statutory directors' duties and an enhanced collection of shareholder remedies, based in part upon North American models and including a statutory derivative action. Public enforcement was largely confined to administrative matters and the enforcement of the disclosure requirements of New Zealand's securities law. While the previous enforcement regime was similarly reliant on private action, the law on directors' duties was less accessible, and shareholder action was hindered by the majority rule principle and the rule in Foss v Harbottle. This approach is in contrast with that used in Australia and the United Kingdom, where public agencies have a much more prominent enforcement role despite recent and proposed reforms to directors' duties and shareholder remedies. These reforms are designed to improve the ability of private parties to enforce corporate rights and duties. A survey of enforcement litigation in New Zealand since 1986 indicates that the object of a primarily enabling enforcement regime seems to have been achieved, and may well have been achieved even without the 1993 reform package. Private enforcement has, in fact, been much more prevalent than public enforcement since well before the enactment of the new legislation. Most enforcement action both before and after the reform was commenced by shareholders and shareholder/directors, and most involved closely held companies. Public enforcement was largely undertaken in areas such as securities law, where the wider public interest was affected. Similar surveys of Australian and United Kingdom enforcement litigation reveal a proportionally much greater reliance on public bodies to enforce corporate rights and duties, indicating a more regulatory approach. The ASIC and DTI enforced a wider range of provisions, affecting both closely and widely held companies, than those subject to public enforcement in New Zealand. Publicly enforced provisions in Australia and the United Kingdom include directors' duties and provisions dealing with disqualification from managing companies, as well as securities law requirements.

Emergence of the individual as an international juristic entity: enforcement of International Human Rights

In this article it is contended that state practice, as evidenced in the  declarations of the judiciary and the many treaties and conventions  guaranteeing human rights, reveals a consensus of opinion acknowledging the individual to be an international juristic entity. So extensive is this practice that it could be seen as marking the emergence of a new customary international norm; or at least a general principle of international law, yet to crystallise into a custom; acknowledging the individual as the beneficiary of international rights. This is important for individuals and minority groups because if they possess international rights independently of the State, enforcement of their rights will no longer depend on the interests of the State. Where the State is often the offender of human rights, international law will not effectively confer any real rights unless the individual is so recognised as an international juristic entity.

Coastal state fisheries management : a review of Australian enforcement action in the Heard and McDonald Islands Australian Fishing Zone

In 1953 the Heard and McDonald Islands Act, which formalised the transfer of sovereignty over the two named sub-Antarctic islands from the United Kingdom, was passed by the Australian Government. For the ensuing 40 years, Australian management of the Islands was uneventful. The first subAntarctic scientific station was established at Atlas Cove, on Heard Island, in December 1947 following the initial indication by Britain of a willingness to transfer rights to the Islands. In 1987 the Islands, together with their 12 mile territorial sea, were proclaimed a wilderness reserve with a number of activities including fishing and mining prohibited. The same area was included on the WorId Heritage List in 1997. In 1979 a 200 nautical mile Australian Fishing Zone (AFZ) was proclaimed around all Australian territories. In 1994 new terminology was embraced and the Exclusive Economic Zone was declared.

Analyzing security protocols using association rule mining

Current studies to analyzing security protocols using formal methods require users to predefine authentication goals. Besides, they are unable to discover potential correlations between secure messages. This research attempts to analyze security protocols using data mining. This is done by extending the idea of association rule mining and converting the verification of protocols into computing the frequency and confidence of inconsistent secure messages. It provides a novel and efficient way to analyze security protocols and find out potential correlations between secure messages. The conducted experiments demonstrate our approaches.

Depth first rule heneration for text categorization

Classification methods are usually used to categorize text documents, such as, Rocchio method, Naïve bayes based method, and SVM based text classification method. These methods learn labeled text documents and then construct classifiers. The generated classifiers can predict which category is located for a new coming text document. The keywords in the document are often used to form rules to categorize text documents, for example “kw = computer” can be a rule for the IT documents category. However, the number of keywords is very large. To select keywords from the large number of keywords is a challenging work. Recently, a rule generation method based on enumeration of all possible keywords combinations has been proposed [2]. In this method, there remains a crucial problem: how to prune irrelevant combinations at the early stages of the rule generation procedure. In this paper, we propose a method than can effectively prune irrelative keywords at an early stage.

Further pruning for efficient association rule discovery

The Apriori algorithm’s frequent itemset approach has become the standard approach to discovering association rules. However, the computation requirements of the frequent itemset approach are infeasible for dense data and the approach is unable to discover infrequent associations. OPUS AR is an efficient algorithm for association rule discovery that does not utilize frequent itemsets and hence avoids these problems. It can reduce search time by using additional constraints on the search space as well as constraints on itemset frequency. However, the effectiveness of the pruning rules used during search will determine the efficiency of its search. This paper presents and analyses pruning rules for use with OPUS AR. We demonstrate that application of OPUS AR is feasible for a number of datasets for which application of the frequent itemset approach is infeasible and that the new pruning rules can reduce compute time by more than 40%.

Positivism: one ring to rule them all? A tale of information systems research methodology

The tale of research methodology in information systems is told through the fantasy of Tolkien’s Lord of the Rings. The tale is intended to be at once a piece of light hearted fun in its placement of the struggles of research methodology as an epic story but, in the tradition of the court jester, attempts to provide a new perspective on Information Systems (IS) research methodology and our struggles with positivism in particular. Our tale is one of developing a greater maturity and confidence in IS methodology and introduces postmodern methodologies to Information Systems. Our tale, our pastiche, is itself postmodern.

Finding rule groups to classify high dimensional gene expression datasets

Microarray data provides quantitative information about the transcription profile of cells. To analyze microarray datasets, methodology of machine learning has increasingly attracted bioinformatics researchers. Some approaches of machine learning are widely used to classify and mine biological datasets. However, many gene expression datasets are extremely high dimensionality, traditional machine learning methods can not be applied effectively and efficiently. This paper proposes a robust algorithm to find out rule groups to classify gene expression datasets. Unlike the most classification algorithms, which select dimensions (genes) heuristically to form rules groups to identify classes such as cancerous and normal tissues, our algorithm guarantees finding out best-k dimensions (genes), which are most discriminative to classify samples in different classes, to form rule groups for the classification of expression datasets. Our experiments show that the rule groups obtained by our algorithm have higher accuracy than that of other classification approaches

Measuring moral judgement and the implications of cooperative education and rule-based learning

The Defining Issues Test (DIT), developed by Rest (1986), measures a person's level of moral development using hypothetical social dilemmas. Although the DIT is useful for measuring moral development in social settings, it might not adequately capture an individual's moral judgement abilities in solving work-related problems (Weber, 1990; Trevino, 1992; Welton et al., 1994). In the present study, the moral judgement levels of 97 accounting students were measured over a 1 year period using two separate test instruments, the DIT and a context-specific instrument developed by Welton et al. (1994). The test scores are significantly higher on the DIT than the Welton instrument (between the instruments and over time), suggesting that accounting students use higher levels of moral reasoning in resolving hypothetical social dilemmas and lower levels of moral reasoning in resolving context-specific dilemmas. The difference in test scores was highest during cooperative education (work placement programme), implying that the environment is a significant determinant on students' test scores.

Enforcement of arbitral awards where the seat of the arbitration is Australia, how the Eisenwerk decision might still be a sleeping assassin

This article examines the enforcement of foreign awards in Australia. It identifies and explains the difference between a “foreign award” and “international arbitration award,” observing it is a somewhat surprising but potentially significant distinction. The article then moves to consider the consequences of the distinction with particular reference to the Australian arbitral landscape. Australia has dual arbitration regimes operating at the state and federal level. Particular attention is given to the still controversial Queensland Supreme Court of Appeal decision in Australian Granites Ltd. v. Eisenwerk Hensel Bayreyth Dipl-Ing Burkhardt GmbH. The article concludes by promoting a line of interpretation that will effectively allow subsequent courts to avoid the potentially disastrous effects the Eisenwerk decision may yet still wreak.

A haptically enabled low-cost reconnaissance platform for law enforcement

Traditionally, the control system of a modern teleoperated mobile robot consists of one or more two-dimensional joysticks placed on a control interface. While this simplistic interface allows an operator to remotely drive the platform, feedback is limited to visual information supplied by on-board cameras. Significant advances in the field of haptics have the potential to meaningfully enhance situational awareness of a remote robot. The focus of this research is the augmentation of Deakin University's OzBot trade MkIV mobile platform to include haptic control methodologies. Utilising the platform's inertial measurement unit, a remote operator has the ability to gain knowledge of the vehicle's operating performance and terrain while supplying a finer level of control to the drive motors. Our development of a generic multi-platform ActiveX allows the easy implementation of haptic force feedback to many computer based robot controllers. Furthermore, development of communication protocols has progressed with Joint Architecture for Unmanned Systems (JAUS) compliance in mind. The haptic force control algorithms are presented along with results highlighting the benefits of haptic operator feedback on the MklV OzBot trade chassis.