Open Journal Systems at the Victoria University of Wellington Library
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E maniti tino i nei tala – Elusive stories flabbergasted my physique
Get PDFE maniti tino i nei tala – Elusive stories flabbergasted my physiqu
Leonardo Guzzo translates Marianne Moore and Dylan Thomas
Get PDFLeonardo Guzzo translates Marianne Moore and Dylan Thoma
The Original is Unfaithful to the Translation: Towards Recognising Originality in Translation
Get PDFIn his “Sobre el Vathek de William Beckford [On William Beckford’s Vathek]” (1943), Jorge Luis Borges (1899–1986) paradoxically claims ‘[e]l original es infiel a la traducción [the original is unfaithful to the translation]’. With these seven words, Borges disrupts the very core of traditional Anglo-American translation studies: in a context where translations are generally regarded as secondary to their source texts (ST)—temporally, textually, and in status—Borges affirms that a translation can assume an independent existence. A further implication of Borges’s (seemingly illogical) declaration is that, in some ways, the translation may be truer to the fundamental “spirit” of the original than the original itself.This essay shall thus take Borges’s words as a starting point to investigate the possibility of a translation becoming an “original” against which the ST can be measured for “faithfulness”, with the ultimate aim of recognising the originality in translation
Book Review: UNIDROIT Principles of International Commercial Contracts – An Article-by-Article Commentary
No full textBook review of Eckart J Brödermann UNIDROIT Principles of International Commercial Contracts: An Article-by-Article Commentary (Wolters Kluwer, Aalphen aan den Rijn, 2018)
Can we Make the Oceans Greener? The Successes and Failures of UNCLOS as an Environmental Treaty
Get PDFAt the conclusion of the United Nations Convention on the Law of the Sea (UNCLOS) in 1982, there was considerable optimism that the Convention would usher in a new age of marine environmental protection. This article argues that, while UNCLOS did contain important innovations for marine environmental protections, key structural problems prevented the Convention from fulfilling more optimistic predictions of success. Concepts such as freedom of the high seas and exclusive flag state jurisdiction as well as the lack of an effective institution with competence over the law of the sea generally have impeded progress. Instead, states have relied on incremental development to seek improvements in the law. The article evaluates whether two recent developments will progress the goal of marine environmental protection. First, a number of recent international judicial decisions interpreting treaty and customary principles of international law have clarified and extended state environmental obligations. Second, negotiations for a new treaty on the protection and sustainable use of biodiversity in areas beyond national jurisdiction offer hope that gaps in UNCLOS might be filled
The Life and Times of the Genuine Link
Get PDFThe genuine link principle has become a standard-bearer for the view that citizenship is, or should be, substantive, in the sense that it is conditioned on the existence of certain "social facts". As such, it has become a source of inspiration in citizenship theory. It is seen to provide a benevolent framework for thinking about citizenship status. Against the tendency to treat "genuine link" as a guiding principle, I argue that it carries within it fundamental problems. These problems have been known for a long time. In particular, they were prefigured in dissents in the decision that introduced the principle, namely the International Court of Justice's (ICJ) decision in Nottebohm, delivered in 1955, in the initial academic legal commentary on that decision, and in the doctrine's subsequent legal reception. Drawing on these sources I argue that genuine link, as employed in Nottebohm, has in doctrinal terms been confined to a historical footnote. In a second strand of the argument, I develop the problems that attend using the genuine link as a beacon, both in theory and practice
Quakes and aftershocks: organisational restructuring in the New Zealand state sector, 1960–2017
Get PDFThis article draws upon co-author Masashi Yui’s unique database on state sector organisational restructuring in New Zealand from 1960 to 2017. It shows that if the peak years of structural change, 1986–92 – the ‘revolution’ which saw New Zealand as a world leader in what became known as New Public Management – were seismic shocks, then they have been followed by an apparently endless number of aftershocks, which distinguish the post-peak period from the 25 years preceding it. The article speculates as to whether there could be links between the amount of organisational restructuring, unsatisfactory productivity rates in the New Zealand state sector, and the embedding of the ‘managerialist’ culture that was introduced by the ‘revolution’
Change and Resilience in New Zealand Aid under Minister McCully
Get PDFThis article studies the New Zealand government aid programme over the years of Murray McCully’s tenure as New Zealand’s foreign minister. The article uses quantitative and qualitative data to detail changes in New Zealand aid volume, sectoral and geographic foci, and quality. We argue that despite strong rhetoric from Minister McCully, change in some areas was surprisingly modest. Yet the minister had impacts in other areas, particularly on aid quality, foremost in the form of changes to the purpose of New Zealand aid
Climate change compensation: an unavoidable discussion
Get PDFClimate change will cause significant loss and damage throughout New Zealand. This will affect everyone. When considering the options for responding, compensation will inevitably be raised, as either a requirement or a policy choice. Many people, however, appear reticent to engage with ‘compensation’ either as a word or as a concept; preferring to avoid it altogether. This article argues that compensation will be an unavoidable part of the discussion about how best to respond to the challenges of climate change. It is an integral aspect of the law of compulsory acquisition and the Public Works Act. It sits in the background to both legal and popular understandings of other statutory regimes such as the Biosecurity and Earthquake Commission Acts. This article explores the ramifications of this observation from a legal perspective and suggests that careful thought should be given, as soon as possible, to the development of a principled approach to compensation for climate change loss and damage
Behavioural economics and retirement savings: improving Kiwisaver
Get PDFMore than a decade after the inception of the KiwiSaver scheme, 431,779 members remain in the default conservative fund into which they were automatically enrolled. These default members are in funds not consciously chosen and which may not be the most financially appropriate for them. A number of common human behavioural biases have likely contributed to why so many default members remain in the default funds. Although the fees charged by default funds are among the lowest in the market, such funds offer substantially lower returns than more growth-oriented funds. These lower returns are likely to lead to a significant shortfall in retirement savings and retirement standards of living for default members. This article summarises the main findings of a research project into these issues and presents policy options and recommendations
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