Statutory licences and third party dealings: Property analysis v statutory interpretation

Statutory licensing schemes are proliferating as a means of regulating commercial activity, resource exploitation and activities harmful to the environment. Statutes often declare that entitlements are non-transferable or are transferable only with approval or subject to conditions. Some entitlements, such as resource consents issued under the Resource Management Act 1991 (NZ), are declared not to be property. Despite these statutory declarations, entitlements are often held to be transferable in equity or to be property for the purposes of resolving private disputes. Recently, in Greenshell New Zealand Ltd v Tikapa Moana Enterprises Ltd, the High Court of New Zealand indicated that a resource consent was property that could support a claim for relief against forfeiture, continuing the trend in earlier cases that appear to depart from the statute. In this article we examine the juridical treatment of entitlements in private law. We identify factors influencing the courts’ enforcement of private arrangements which may circumvent the statutory intent. Our analysis will guide legislators in the design of provisions to implement new schemes.

Tiering Effects in Third-party Logistics: A First-tier Buyer Perspective

This doctoral dissertation takes a buy side perspective to third-party logistics (3PL) providers’ service tiering by applying a linear serial dyadic view to transactions. It takes its point of departure not only from the unalterable focus on the dyad levels as units of analysis and how to manage them, but also the characteristics both creating and determining purposeful conditions for a longer duration. A conceptual framework is proposed and evaluated on its ability to capture logistics service buyers’ perceptions of service tiering. The problem discussed is in the theoretical context of logistics and reflects value appropriation, power dependencies, visibility in linear serial dyads, a movement towards the more market governed modes of transactions (i.e. service tiering) and buyers’ risk perception of broader utilisation of the logistics services market. Service tiering, in a supply chain setting, with the lack of multilateral agreements between supply chain members, is new. The deductive research approach applied, in which theoretically based propositions are empirically tested with quantitative and qualitative data, provides new insight into (contractual) transactions in 3PL. The study findings imply that the understanding of power dependencies and supply chain dynamics in a 3PL context is still in its infancy. The issues found include separation of service responsibilities, supply chain visibility, price-making behaviour and supply chain strategies under changing circumstances or influence of non-immediate supply chain actors. Understanding (or failing to understand) these issues may mean remarkable implications for the industry. Thus, the contingencies may trigger more open-book policies, larger liability scope of 3PL service providers or insourcing of critical logistics activities from the first-tier buyer core business and customer service perspectives. In addition, a sufficient understanding of the issues surrounding service tiering enables proactive responses to devise appropriate supply chain strategies. The author concludes that qualitative research designs, facilitating data collection on multiple supply chain actors, may capture and increase understanding of the impact of broader supply chain strategies. This would enable pattern-matching through an examination of two or more sides of exchange transactions to measure relational symmetries across linear serial dyads. Indeed, the performance of the firm depends not only on how efficiently it cooperates with its partners, but also on how well exchange partners cooperate with an organisation’s own business.

Professional non-neutrality: criticising the third party in psychotherapy

Using audio-recorded data from cognitive-constructivist psychotherapy, the article shows a particular institutional context in which successful professional action does not adhere to the pattern of affective neutrality which Parsons saw as an inherent component of medicine and psychotherapy. In our data, the professional’s non-neutrality functions as a tool for achieving institutional goals. The analysis focuses on the psychotherapist’s actions that convey a critical stance towards a third party with whom the patient has experienced problems. The data analysis revealed two practices of this kind of critique: (1) the therapist can confirm the critique that the patient has expressed or (2) return to the critique from which the patient has focused away. These actions are shown to build grounds for the therapist’s further actions that challenge the patient’s dysfunctional beliefs. The article suggests that in the case of psychotherapy, actions that as such might be seen as apparent lapses from the neutral professional role can in their specific context perform the task of the institution at hand.

Salmon and freshwater fisheries in the Solway Firth. Report of the Working Party of North West Water Authority and the Annan District Salmon Fishery Board.

The Workinq Party of North West Water Authority and the Annan District Salmon Fishery Board's aims were to identify the current problems relating to the salmon and freshwater fisheries in the Solway Firth and its tributaries (embracing the catchments of the Annan, Kirtle Water, Sark, Esk, Eden, Wampool and Waver - and possibly also the Lochar Water and the Nith) to produce agreed outline solutions, and to consider the financial aspects of the future administration of these fisheries.

Charter and Party Boat Operators in the U.S. Gulf of Mexico: A Social Structure Perspective

To better address the charter and party boat fishery needs in the U.S. Gulf of Mexico, fishery managers must understand the linkages between the industry and other groups and organizations that affect its success. Gulf state charter and party boat operators were interviewed to ascertain the extent of their social network linkages, membership in community organizations, business community relationships, and linkages to information sources. Approximately one-third to one-half of the charter and party boat operators did not belong to local community organizations that could assist their business through tourism promotion or natural resource protection. Despite their limited integration in the community, the vast majority of operators gave and received referrals from other businesses. Of four major information sources, the National Weather Service and the County Marine Extension agents were rated highest and lowest, respectively, in mean importance to charter and party boat operators. Results suggest that business success can be enhanced by strengthening network ties between operators and local businesses, chambers of commerce, and tourism organizations. For this to occur, individual operators and charter/party boat organizations need to become more effective in representing industry interests. Informational linkages between industry and govemment agencies also need improvement.

The U.S. Gulf of Mexico Party Boat Industry: Activity Centers, Species Targeted, and Fisheries Management Opinions

In addition to providing an overview of the party boat fishery in the U.S. Gulf of Mexico, a management-oriented methodology is presented that can be used elsewhere to assess regulatory impacts. Party boat operators were interviewed to determine species targeted, percent time committed to targeting each species, and opinions on current catch restrictions. Over two-thirds of the fieet was located on the west coast of Florida. Overall, most boats targeted <5 species. Four species accounted for 90 percent of the estimated effort by party boats in the U.S. Gulf of Mexico: Snapper; Lutjanus sp.; grouper, Epinephelus sp. and Mycteroperca sp.; amberjack, Seriola dumerili; and king mackerel, Scomberomorus cavalla. Party boat effort in Texas was devoted primarily to snapper, whereas in Florida most effort was devoted to snapper and grouper collectively. Party boat operators were diverse in their opinions of management regulations in force when interviewed. Results revealed why major opposition would he expected from Texas party boat operators for red snapper bag limits and other restrictions proposed by the Gulf of Mexico Fishery Management Council.

The Emergency of a Party System

Korosteleva-Polglase Elena, 'The Emergency of a Party System', In: Postcommunist Belarus, Rowman & Littlefield, pp.35-57, 2005 RAE2008

'We are not Seeking Strength for its Own Sake': The British Labour Party, West Germany and the Cold War, 1951-64

Hughes, R. (2002). 'We are not Seeking Strength for its Own Sake': The British Labour Party, West Germany and the Cold War, 1951-64. Cold War History. 3(1) pp.67-94 RAE2008

Challengers to provisional republicanism: the official republican movement, people’s democracy and the Irish republican socialist party, 1968–98

The Provisional IRA and its political wing Sinn Féin have attracted by far the greatest scholarly interest of all the players in the Northern Irish conflict. This emphasis is perfectly legitimate, given the centrality of the Provos to so many turning-points in the conflict, from the collapse of Stormont in the early 1970s to the hunger strikes of the following decade and the ceasefires which were followed by the Belfast Agreement. My project, however, looks at political groups that at one time or another challenged the Provos for leadership of the militant, anti-state constituency in Northern Ireland (chiefly based in the Catholic working class). Although never as large or influential as the Provisional republicans, groups such as the Official IRA and the Irish Republican Socialist Party sometimes had a discernible impact on the course of events which is overlooked by most studies, and often pioneered ideas and tactics that were later adopted by the Provos themselves. The idea that republicans should embrace political action and work in broad campaigning alliances was promoted by the IRSP and socialist groups such as People’s Democracy before it was taken up by Gerry Adams and his allies, while the Official IRA supported the principle of a settlement based on democratization of the Northern Irish state, which was later accepted by Sinn Féin in the form of the Belfast Agreement. The goal of my research is to provide a novel perspective on the conflict in Northern Ireland, while engaging with theoretical debates about its character.

Multi-party actions as a route to collective redress for mass arm, having particular regard to environmental mass harm

Accepted Version