Law: Theses and Dissertations
Recent Submissions
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Employment security and employment protection in the light of the New Zealand Minimum code : including a comparison with German law
(1997)Generally, the employee is interested in the continuous existence of his or her employment, the provision of fair employment contract conditions and their observance, and respectful treatment concerning his or her activity ... -
Mediation in civil and commercial disputes in New Zealand : an empirical and theoretical approach to how to raise its acceptance
(2001)Mediation has many advantages over the traditional ways of dispute resolution such as litigation and negotiation1 . Yet in many countries it is struggling to become a "mainstream" movement like it has been in the USA. ... -
Economic securitisation and the normalisation of exceptionalism : how economic risk rhetoric is used to justify and normalise exceptionalism.
(2021)The research question of this thesis is to what extent exaggerated or false economic securitisation threatens constitutional and democratic processes and structures. People’s growing aversion to risks, and in particular ... -
Judicial reasoning and a common law duty of contractual good faith
(2002)Mr Livingstone owned a valuable motor car which Mr Roskilly, a motor car repairer, agreed to repair. The car was stored in Mr Roskilly's premises in an inadequately locked garage and was stolen. A sign on Mr Roskilly's ... -
The legal impact of artificial intelligence on the New Zealand health system.
(2021)This thesis provides an analysis of the legal impact that artificial intelligence (AI) technologies may have on New Zealand’s healthcare system. The focus is on whether the established rights and protections afforded to ... -
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 ...
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