The need for treaty-based e-consumer protections in global B2C e-commerce

The thesis puts forward historical, logical and efficiency arguments for the implementation of treaty-based legal protections for e-consumers transacting in global Business to Customer (B2C) e-commerce. It concludes, however, that the international political climate is such that the implementation by the international community of such protections is very unlikely in the near future.

Exploring the sociotechnical systems perspectives in global software development

Global software development teams expressed dissatisfaction with their structures. Job satisfaction was reduced by the inefficiencies of communication technologies and from the functional structures imposed by the management. This led to a reduced contextual understanding of projects which could be improved if employees were to participate in the work designs.

Patenting the global plant kingdom : a Chinese perspective ; fact or fantasy?

Examines and evaluates the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs) in the development of China's innovative research capacity and the Convention for the Protection of New Plant Varieties (UPOV) criteria in protecting new plant varieties in encouraging China's creativeness. Argues that whilst UPOV sets up principles and standards that condone uncompensated extraction of plant genetic resources from China to developed countries, TRIPs gives foreigners preferential patent protection in China.

Traditional knowledge, traditional cultural expressions and intellectual property law in the Asia-Pacific region

Contents

* The international debate about traditional knowledge and approaches in the Asia-Pacific region / Christoph Antons
* How are the different views of traditional knowledge linked by international law and global governance? / Christopher Arup
* Protection of traditional knowledge by geographical indications / Michael Blakeney
* An analysis of WIPO's latest proposal and the Model Law 2002 of the Pacific Community for the Protection of Traditional Cultural Expressions / Silke von Lewinski
* The role of customary law and practice in the protection of traditional knowledge related to biological diversity / Brendan Tobin
* Can modern law safeguard archaic cultural expressions? : observations from a legal sociology perspective / Christoph Beat Graber
* Branding identity and copyrighting culture : orientations towards the customary in traditional knowledge discourse / Martin Chanock
* Being indigenous' in Indonesia and the Philippines / Gerard A. Persoon
* Indigenous heritage and the digital commons / Eric Kansa
* Traditional cultural expression and the internet world / Brian Fitzgerald and Susan Hedge
* Cultural property and "the public domain" : case studies from New Zealand and Australia / Susy Frankel and Megan Richardson
* The recognition of traditional knowledge under Australian biodiscovery regimes : why bother with intellectual property rights? / Natalie Stoianoff
* Protection of traditional knowledge in the SAARC region and India's efforts / S.K. Verma
* The protection of expressions of folklore in Sri Lanka / Indunil Abeyesekere
* Traditional medicine and intellectual property rights : a case study of the Indonesian jamu industry / Christoph Antons and Rosy Antons-Sutanto.

The legal recognition of same-sex unions in Australia : a constitutional analysis

The Marriage Equality Amendment Bill 2010 (Cth) currently before federal Parliament amends the present legislative definition of marriage to include same-sex unions. This article provides a constitutional analysis of the scope of the marriage power, s 51(xxi) of the Australian Constitution , through examination of the Bill and other existing and proposed legislation. It argues that if the High Court considered "marriage" to be a constitutionalised legal term of art, it could accommodate post-federation development at common law and in statute to the institution of marriage. It also argues that the presumption in favour of constitutionality ought to be at its strongest with federal legislation determining complex and intractable moral issues. The article explores the constitutional vulnerability of current same-sex union legislation and possible future legislation providing for recognition of the functional equivalent of "marriage". In addition, the article considers the constitutional foundation of a national framework to provide official legal recognition of same-sex relationships.

Environmental sustainability awareness and academic curriculum improvements: the case of a business and law faculty in an Australian university

Climate change, global warming, rising sea levels, ice cap melting, carbon taxes and trading schemes etc. are all major environmental issues that confront the modern world. Universities are now trying to ensure that their students graduate with an understanding of environmental sustainability regardless of their field of expertise. 

Agency issues surrounding A-REITS and the global financial crisis

 This thesis examines the optimal balance of debt and equity undertaken by Australian Real Estate Investment Trusts, the incentive-driven pay structure utilized to compensate management, and the factors of A-REIT composition and performance that appeal to large, powerful shareholders who are able to influence market prices.

Global finite-time stabilisation for a class of stochastic nonlinear systems by output feedback

In this paper, the problem of global finite-time stabilisation by output feedback is considered for a class of stochastic nonlinear systems. First, based on homogeneous systems theory and the adding a power integrator technique, a homogeneous reduced order observer and control law are constructed in a recursive manner for the nominal system. Then, the homogeneous domination approach is used to deal with the nonlinearities in drift and diffusion terms; it is shown that the proposed output-feedback control law can guarantee that the closed-loop system is global finite-time stable in probability. Finally, simulation examples are carried out to demonstrate the effectiveness of the proposed control scheme.

Legal systemology and the geopolitics of Roman law: a response to Stuart Elden’s critique of Carl Schmitt’s spatial ontology

This paper explores the production, destruction, and reproduction of the geopolitical spaces of Roman law in order to offer an analysis of Schmitt’s (selective) notion of Jus Publicum Europaeum and its relevance to the current “depoliticization” and “dejuridification” of the world. By adopting a historical and geopolitical approach that reaches the boundaries of legal systemology and political theology, the present contribution investigates the manipulative and instrumentalist use of the material object of Rome’s (universalist) competence, namely the “territory” as dominium of its political intervention, which was ultimately (and idealistically) aimed at avoiding the natural destiny of any living being: birth, maturity, and death. Attention is therefore paid to the Roman strategy of (ontological?) contamination of its mythical identity through the legal and sociopolitical administration and regulation of its geographical spaces in terms of (non-)cultural signification. Through the analysis of such concepts as “nomos,” “Großraum,” “Ortung,” and “Ordnung,” it is claimed that Schmitt voluntarily chose to identify the Jus Publicum Europaeum with the geopolitical order produced during the Age of Discovery and not with the “comprehensive” Roman spatial order. The reason for this choice may be identified in the distortive use of Rome’s social relations and political allegiances that lay at the core of its genealogical expansionism (and subsequent inevitable dissolution) since the conquest of Veius in 396 BC and the historical compromise between patrician nobility and plebeians in 367 BC.

The emergency powers in Bangladesh: means for subversion of the rule of law?

The Constitution of Bangladesh empowers the President to proclaim an emergency on the actual or imminent ground of war or external aggression or internal disturbance. However, the insertion of ‘internal disturbance’ in the Constitution as a ground for invoking emergency has provided the executive with the opportunity to proclaim all the five emergencies in Bangladesh on this vague ground for purposes other than that of securing the life of the nation. Furthermore, in the absence of any effective constitutional mechanisms for scrutinising the exercise of emergency powers and a time limit on the continuation of a state of emergency, some of the proclamations of emergency continued even after the alleged threat posed to the life of the nation was over to perpetuate the survival of the party in power by repressing any political threat to the regime. This Article, therefore, recommends for insertion in the Constitution of Bangladesh detailed norms providing for legal limits on the wide power of the executive concerning the proclamation, administration and termination of emergency with a view to ensure that emergencies can no longer be resorted to as the effective means of discarding the rule of law.

The establishment of the Judicial Appointments Commission in Malaysia to improve the constitutional method of appointing the judges of the superior courts : a critical study

The Judicial Appointments Commission was established in Malaysia in 2009 to ensure unbiased selection of judicial candidates for the consideration of the Prime Minister, who has the final say regarding the appointment of judges to the superior courts. But the provisions concerning Prime Minister’s power to appoint the majority of the members of the Commission and his unfettered power of removing four of the five appointed members without assigning any reason, have calculatedly been devised for ensuring the selection of judicial candidates having right political patronage in accordance with the covert wishes of the Prime Minister. Furthermore, the Prime Minister’s power of rejecting the Commission’s recommendations of multiple candidates renders the undertaking of a lengthy process of selection unproductive and useless. Thus the Judicial Appointments Commission has become a superfluous body with an ineffective modus operandi to attain the stipulated objectives of improving and complementing the constitutional method of appointing judges to the superior courts. Since the Federal Constitution of Malaysia has not empowered the Parliament to enact a law providing for the establishment of a Judicial Appointments Commission, it also appears that the Judicial Appointments Commission Act 2009 is an invalid piece of legislation.