Open Journal Systems at the Victoria University of Wellington Library
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Reimagining the Law of the Sea: Evolution or Revolution?
Get PDFThis article explores the challenges for the United Nations Convention on the Law of the Sea (UNCLOS) in protecting the marine environment and biodiversity. The traditional approach to developing the law when facing new challenges is through evolution – the iterative amendment of existing instruments and guidelines. I discuss the recent Agreement for the Conservation and Sustainable Use of Marine Biodiversity in Areas beyond National Jurisdiction (BBNJ Agreement) as an example of the evolution approach. I challenge whether evolution in the law of the sea is sufficient to meet the significant challenges facing regulation of uses of the ocean, and ask whether revolution is needed, through new concepts and processes
The Impact of the COVID-19 Pandemic on Mediation and New Zealand's Dispute Resolution System
Get PDFThe COVID-19 pandemic has transformed mediation practice in New Zealand's institutional, government-led mediation regimes. The introduction of lockdowns, social distancing and personal protective equipment created a "new normal" for the delivery of consensual third-party dispute resolution in this area. Many of the changes introduced during the pandemic remain despite the removal of restrictions in 2022. This article explores New Zealand's online alternative dispute resolution (ADR) capacity on the eve of the pandemic. This limited capacity was severely tested during the first lockdown in 2020, highlighting barriers and challenges but also opportunities. However, it was the second major lockdown beginning in August 2021 that cemented many of the changes. In addition to exploring the New Zealand experience, this article provides specific case studies, such as employment mediation, and make some comparisons with apposite overseas jurisdictions. ADR, and mediation in particular, is at a crossroads. A choice must now be made whether to return to a primarily in-person model or continue to emphasise online delivery
Evidence-based Policy: Reinventing the Wheel
Get PDFThe phrase ‘reinventing the wheel’ is used to suggest someone is wasting time inventing something that has already been discovered, but perhaps sometimes there can be value in reinventing things. Ironically, the wheel is the perfect example of this – there are many forms of wheel and continuing innovations in its design. I have personal experience as a road cyclist and see the significant difference between a standard road bike wheel and a modern carbon wheel, which is lighter and can be shaped to be more aerodynamic
Navigating Choppy Waters: why are we always arguing about risk and uncertainty in marine multi-use environments and what can we do about it?
No full textArguments about risk and uncertainty are prevalent in marine decision making. Different, often invisible, starting positions of those involved – regarding world views, academic disciplines and positionality – are often responsible. Broadly agreed collective outcomes depend on uncovering these influences. In this article we prioritise navigating multiplicity and plurality rather than constraining them. An iterative cycle of reflection and an openness to make changes are central. However, such a cycle must consider how risk assessment tools open or close possible futures, how evidence is best presented to decision makers, and how mātaurangaMāori is reshaping risk perceptions and is the decisive intervention in creating improved decision-making spaces
Cultural Intelligence: A critical capability for health and safety professionals in building interpersonal trust? A literature Review.
Get PDFThis literature review was conducted as part of the authors submission in attaining a Master’s In Advanced Leadership Practices through Massey University (2018 – 2019). The literature review was supported with research which included focus groups, the aim of which was to explore the theories and beliefs of senior executives from the New Zealand business community about the impact of building trust where their health and safety advisor has cultural intelligence capability. It is intended that the results of the focus groups will be published in future issues of this publication
Operational Risk Profiling: Method, tool and preliminary results
Get PDFThose in governance roles must understand the operational, context-dependent risk profile of their organisation and its workgroups. They must apply due diligence and ensure that resources and processes remain purpose-driven, focused on what matters, socially defensible and aligned to work as done. Risk profiles must be set against risk appetite, and where there is a mismatch, the risk profile must be modified or reduced. This paper outlines an operationally focused and context-sensitive approach to risk profiling, and how construct validity was developed through iterative field-testing, as well as evaluation of early-stage descriptive and predictive utility
Why Aotearoa New Zealand Needs a Corporate Homicide Bill
Get PDFNew Zealand needs a law to make corporate homicide a crime. Without such a law those primarily responsible for the protection of workers and others from death or serious harm due to work do not face full responsibility for their actions or inactions. In other words, there may be no justice for people killed or needlessly injured due to work. This is why I propose a member’s Bill, the Crimes (Corporate Homicide) Amendment Bill, which would introduce a new offence of corporate homicide
Must Indigenous Rights Implementation Depend on Political Party? Lessons from Canada
Get PDFCanada and New Zealand were two of only four countries which voted against the United Nations Declaration on the Rights of Indigenous Peoples in 2007, before eventually moving to support. Since then, this declaration has influenced Canadian politics and practices, particularly the Truth and Reconciliation Commission’s 2015 ‘calls to action’, legislation, and subsequent action plans on both the federal and provincial levels. Different political parties’ priorities affect the implementation of indigenous rights policies. Nonetheless, Canada demonstrates the importance of normative change, outside of legislation or formal policy change. Norms of co-development, co-design and co-drafting create opportunities for indigenous peoples to have a say in policies that affect them
Through Shaded Glass: Women and Photography in Aotearoa New Zealand: 1860–1960
Get PDFIn 1924 the Eastman Kodak Company proclaimed that with one of its cameras in your home you could capture “the most fascinating of all stories . . . the story of us” (p. 239). Through Shaded Glass: Women and Photography in Aotearoa New Zealand: 1860–1960 tells another story of “us”: that of women’s engagement with photography in Aotearoa, from the earliest known images taken here in the nineteenth century, until the point at which the gender divide begins to break down in the twentieth. Lissa Mitchell’s exhaustive research over the past decade has revealed the names and expanded the stories of nearly 200 women, many previously unknown, who worked in photography here between 1860 and 1960.  
Modeling Deep Disagreement in Default Logic
Get PDFDefault logic has been a very active research topic in artificial intelligence since the early 1980s, but has not received as much attention in the philosophical literature thus far. This paper shows one way in which the technical tools of artificial intelligence can be applied in contemporary epistemology by modeling a paradigmatic case of deep disagreement using default logic. In §1 model-building viewed as a kind of philosophical progress is briefly motivated, while §2 introduces the case of deep disagreement we aim to model. On the heels of this, §3 defines our formal framework, viz., a refined Horty-style default logic. §4 then uses the framework to model deep disagreement, and finally §5 provides a critical discussion of the result
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