Law: Theses and Dissertations
Recent Submissions
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Cultural Property at the Crossroads: An Examination of the issue of the Restitution of Cultural Property to Indigenous Peoples in Article 11 of the United Nations Declaration on the Rights of Indigenous Peoples
(Aberystwyth University, 2015)Over the past thirty years, Indigenous Peoples have turned to international human rights law (IHRL) to help secure the return of their cultural property. In 2007 the United Nations [U.N.] passed the Declaration on the ... -
Consideration of the best interests of children with convicted parents : a new sentencing principle.
(University of Canterbury, 2022)In May 2020, New Zealand imprisonment rate was 198 per 100,000 of population, which was the 5th highest in the OECD. This has raised some serious questions about the collateral effects of imprisonment on offender’s children. ... -
Prevention of forest fires in Indonesia: evaluation of international and regional legal frameworks.
(University of Canterbury, 2021)This thesis explores the effectiveness of Association of Southeast Asian Nations (ASEAN) initiatives, relevant international environmental agreements, and principles of international environmental law on the prevention of ... -
Administrative law principles in multilateral environmental agreements and regional fisheries management organisations.
(University of Canterbury, 2021)Over the last century it has become clear that many environmental problems require cooperative action and so a multitude of Multilateral Environmental Agreements (MEAs) and Regional Fisheries Management Organizations (RFMOs) ... -
Plant-based meat substitutes: understanding consumers’ motivators, barriers, knowledge and consumption practices
(University of Canterbury, 2021)Consumers are becoming increasingly aware of the plethora of interrelated environmental, social, economic, ethical, and health issues associated with global industrialised food production—particularly concerning animal ... -
From disaster to resilience : a comparative study of legal frameworks for managing the seismic risk of existing buildings.
(University of Canterbury, 2021)Though rare and unpredictable, earthquakes can and do cause catastrophic destruction when they impact unprepared and vulnerable communities. Extensive damage and failure of vulnerable buildings is a key factor which ... -
A Grounded Theory exploration of the role of relationships beyond the formal contract in public sector construction management
(University of Canterbury, 2021)This research explores the differing understandings of the concept of relationships and the associated approaches used by construction managers in delivering public sector projects. Relationship-based social processes ... -
Essays on commodity markets
(University of Canterbury, 2021)Agricultural Commodities are a large portion of the New Zealand Economy, and a better understanding of commodity markets is useful for New Zealand market participants, especially in the dairy sector. This thesis studies ... -
The international economic order : a trigger for global justice and the right to development?
(University of Canterbury, 2021)The international economic order is unfair. The global order continues to maintain values and practices that sustain the dominance of certain states, entities, and interests to the detriment of the fundamental freedoms and ... -
Three-strikes sentencing in New Zealand
(University of Canterbury, 2021)The issue of reducing reoffending has been an age-old challenge in criminological research and sentencing policy. Three-strikes sentencing purports to achieve this goal by imposing mandatory minimum sentences for repeat ... -
The limits of international law’s current dual approach to human rights and indigenous rights : a case for the separation of the two frameworks.
(University of Canterbury, 2020)Indigenous Peoples have suffered extreme loss in the face of the imperial mission of international law and colonisation. Indigenous Peoples have faced a direct assault on their sovereignty, language, culture, knowledge ... -
Data exclusivity for biologics – an emerging multilateral standard?
(University of Canterbury, 2020)Biological medicines, or biologics, revolutionised the treatment of some of the most serious medical conditions. These are highly research-intense pharmaceuticals and their development requires enormous expenditure. Countries ... -
Take it or leave it : party not ending for payday lending.
(University of Canterbury, 2020)This thesis analyses the effectiveness of the current New Zealand consumer credit protection legislation for third tier credit standard form contracts. This thesis argues that the current legislative protection under the ... -
When crime pays : “environmental civil prosecutions” and the Resource Management Act 1991.
(University of Canterbury, 2020)The Resource Management Act 1991 (RMA) is a significant piece of legislation, aimed at promoting the sustainable management of natural and physical resources in New Zealand. However, it can only achieve this goal if it is ... -
Democratic legitimacy and the recognition of governments in international law.
(University of Canterbury, 2016)Recognition of governments is one of the essential principles of international law that confirms the lawful status of an authority holder in a state. It is also one of the murkiest principles of international law with lots ... -
The redefinition of legal parenthood in the era of new assisted reproduction technologies.
(University of Canterbury, 2019)Biological paradigms (gestation and genetic) are still entrenched in the law as the main factors for allocating parenthood, despite the social and legal changes in family formation and the increasing use of assisted human ... -
Confronting the Crown.
(University of Canterbury, 2019)The concept of the Crown suffers from several deficiencies. It is uncertain who or what the Crown is. The Crown refers to both the Sovereign and the executive government. It can denote the executive branch alone or all ... -
Unconsented dissemination of manipulated human images under New Zealand law.
(University of Canterbury, 2019)A person’s visual image can be captured in either photographic or video form. There are many instances of such visual images being manipulated and disseminated without the consent of the human subject featured in the image. ... -
Domestic workers in China : a comparative study utilizing the capability approach.
(University of Canterbury, 2019)Since the adoption of the International Labour Organisation (ILO) Domestic Workers Convention in 2011, there has been an increasing focus on the poor working conditions and standard of living of domestic workers in the ... -
The effect of the Cold War on international treaties : three case studies.
(University of Canterbury, 2019)This research sets out to examine the effect that the Cold War had on the development of public international law – namely, on the development of treaties. To do this, this thesis first identifies and explains three ...
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