Open Journal Systems at the Victoria University of Wellington Library
Not a member yet
6045 research outputs found
Sort by
Taking the Bundle of Rights Seriously
Get PDFAfter a painfully long set up, that attempts to ground three claims about property law (in general) and the nature of the beneficial interest (in particular), this article considers two arguments about the law of discretionary trusts. The first is the bundle of rights argument. This argument concerns the interpretation of "property" in legislative provisions. It suggests that where legislation is concerned with the structure of the social relationships that property institutions facilitate (rather that the juridical structure of rights and duties under property law), interpretations regarding what amounts to a "property" interest should also be "functional" (rather than "formalistic"). The second argument is the concept of the illusory trust. This argument concerns the standard package of constitutive elements required by trust law when a settlor uses the trust institution to order his or her affairs. Where an ostensible trust lacks a constitutive element, it can be said to be illusory. I consider here recent attempts to further delineate the concept of the illusory trust, that look to the "substance" or "reality" of the trust, and in doing so, shift our attention away from juridical form and onto social function. I will argue that only the former argument needs to be taken seriously
Recursive Machine Translation
Get PDFMachine translation tools such as Google Translate are at best seen as useful approximators, rather than offering any literary potential. In this experiment and short methodological reflection, I use Google Translate to recursively translate Austrian poet Georg Trakl’s celebrated WWI poem, ‘Grodek’, between German and English, until the two versions stabilise. I am attentive to places in which the poem and its renderings are simplified and/or literary value may be lost, but also places in which new or unexpected renderings emerge. This is a preliminary foray, but I propose that the method of recursive machine translation offers a new way to explore the translation of literary texts—a timely proposal, given the increasing applications of computer programmes and machine learning both within the humanities and throughout wider literary culture
Learning from Water Footprints: who loses, who wins, and who cares?
No full textThe ‘footprint’ concept is widely used as an indicator to assess CO2 emissions and the water embodied in crop production. A comparison of key features reveals that CO2 footprints are a global concern no matter their location or source; water footprints only have local relevance, being locally generated and impacting only at local levels. As such, addressing excessive water use is a local concern. Where excessive use is not managed, a process of ‘chaotic disallocation’ from irrigated agriculture ensues, resulting in reduced local production and, through market mechanisms, increased demand elsewhere. Those areas where water scarcity is managed sustainably will see more profitable opportunities for irrigated production, though the impact on prices will be of little concern to consumers in the developed world
Listening to Voices of the Future: an invitation to contribute to a special issue of Policy Quarterly on cohortbased or generation-based policies
Get PDFWe would like to invite people to explore ways that public policies can be designed to facilitate the process of change. Our focus is specifically and deliberately on generational change – how society can best enable change when younger and older generations have very different views on what is important, what is possible and what is desirable. We want to explore how successive generations can shape the future so that it better reflects their issues and concerns. These changes do not concern just age, but can cover a broad canvas of themes related to issues such as gender or ethnicity, or the environment
Machinery of Government Reforms in New Zealand: continuous improvement or hyper-innovation?
Get PDFThis article assesses the reasons for frequent national-level administrative reforms in New Zealand and reflects on their potential consequences. It explores three potential reasons: the particularities of Wellington as a highly conducive place for ideas to be shared between decision makers and academics; the characteristics of New Zealand institutions; and the effects of innovations themselves as drivers of disappointment and more innovation. The article reflects on reforms as drivers of continuous and incremental improvements as opposed to a hyper-innovative, politically driven administrative system. It concludes by stressing the importance of incorporating experiences ‘from the bottom’ in reform processes, and reliance on reflective mechanisms capable of creating opportunities for incremental, piecemeal and often ‘inelegant’ administrative adjustments
How Finance Colonised Aotearoa: A Concise Counter-History
Get PDFThis paper intervenes in orthodox under-standings of Aotearoa New Zealand’s colonial history to elucidate another history that is not widely recognised. This is a financial history of colonisation which, while implicit in existing accounts, is peripheral and often incidental to the central narrative. Undertaking to reread Aotearoa New Zealand’s early colonial history from 1839 to 1850, this paper seeks to render finance, financial instruments, and financial institutions explicit in their capacity as central agents of colonisation. In doing so, it offers a response to the relative inattention paid to finance as compared with the state in material practices of colonisation. The counter-history that this paper begins to elicit contains important lessons for counter-futures. For, beyond its implications for knowledge, the persistent and violent role of finance in the colonisation of Aotearoa has concrete implications for decolonial and anti-capitalist politics today.
 
Sir John Salmond and Maori Land Tenure
Get PDFThis chapter is deals with Salmond's engagement with Maori land issues, principally in his capacity as counsel to the Law Drafting Office and while Solicitor-General. Salmond appears to have had firm views on the extent of Native title in New Zealand, arguing either that all land vested in dominium in the Crown on the acquisition of British sovereignty, or, as a kind of fall-back position, that there were at least some parts of the Dominion, such as navigable lakes or the foreshore, where native title could not be asserted in any circumstances, not even in the Native Land Court. While it is tempting to conclude that Salmond's views were nothing more than the orthodoxy of the day, this paper argues that matters were more contested than is sometimes thought. Salmond developed considerable expertise in the technicalities of Maori land law, an expertise developed initially in the drafting of the Native Lands Bill of 1909 and which is reflected in various opinions he prepared while Solicitor-General and in his famous dissenting judgment in Boyd v Mayor of Wellington
The Danger of Domestic Pre-Conceived Views with Respect to the Uniform Interpretation of the CISG: The Question of Avoidance In the Case of Non-Conforming Goods and Documents
Get PDFProfessor Schwenzer compares common law notions about a party's ability to avoid a sales contract with the position under article 49 of the Convention on the International Sale of Goods. Having noted that the approach of the CSIG has given rise to criticism, she then argues that such criticism is unfounded and that, moreover, the CSIG's provisions reflect the reality of international sales practice and case law
Jurisdiction Clauses in New Zealand Law
Get PDFThe Trans-Tasman Proceedings Acts 2010, mirror legislation in New Zealand and Australia, regulate the allocation of jurisdiction in trans-Tasman civil proceedings. The legislation includes provisions dealing with the effects of jurisdiction clauses. This article considers the treatment of jurisdiction clauses under the statutory regime and the common law regime which provides for the effect of jurisdiction clauses that are outside the scope of the legislation, how these regimes differ, and their relative strengths and weaknesses
When We Dead Awaken —What About the Living?
Get PDFAlexandra Matthee reviews Ibsen play in translatio
Access Repository Dashboard
Do you manage Open Journal Systems at the Victoria University of Wellington Library? Access insider analytics, issue reports and manage access to outputs from your repository in the CORE Repository Dashboard!