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Discussion of the territorial scope of the New Zealand Wages Protection Act in Mehta v Elliot (Labour Inspector). The authors argue that the territorial scope of all New Zealand statutes should be addressed by Parliament as a matter of course. As Judge Colgan pointed out in Mehta, this issue...
Persistent link: https://www.econbiz.de/10013026308
This article addresses the approach of the law of equity to the problem of third party undue influence in the context of bank guarantees. It considers the decision of the Irish High Court in Ulster Bank v Fitzgerald and its relationship to the approach of English law, as represented by Barclays...
Persistent link: https://www.econbiz.de/10012984000
This article considers the situation where a family home has been purchased in joint names, without any express declaration of the beneficial interests. The courts have interpreted the applicable equitable doctrines so as to make it very difficult for a defendant to resist a claim by his or her...
Persistent link: https://www.econbiz.de/10012984003
This article considers the new Irish legislative scheme for cohabitants, contained in Part 15 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. The article discusses the background to the legislation, noting the increase in the prevalence of cohabitation in...
Persistent link: https://www.econbiz.de/10012984004
In this Article, I offer a macroeconomic perspective on law that reshapes the microeconomic perspective that currently dominates law and economics. I argue that 1. The economy works one way in ordinary economic conditions, in which supply capacity determines output, and a different way in deep...
Persistent link: https://www.econbiz.de/10012984608
Since its passage in 1996, the Economic Espionage Act (EEA) has been the subject of intense debate and discussion. Criminal penalties for both individuals and corporations violating the Act are severe. Expectations of protection against foreign and domestic trade secret misappropriation have...
Persistent link: https://www.econbiz.de/10012708256
Intellectual Property Rights (“IPR”) can be regarded as an incentive for an inventor or an author, granted or recognized by a state. IPR are enforceable erga omnes within the boundaries of the state. Member States of the Paris Convention Union and other relevant conventions are expected to...
Persistent link: https://www.econbiz.de/10013231681
investor–State disputes, principally through domestic institutions. It also obliges investors to discharge their corporate … government institutions to properly regulate and protect investments and to attain sustainable development as the ultimate goal …
Persistent link: https://www.econbiz.de/10013290906
innovative institutions outside the domestic court system provide ADR services. Qatar, Saudi Arabia, and the United Arab Emirates … common law and recognised international arbitration and mediation rules. The COVID-19 pandemic has necessitated remote … same is true in arbitral institutions where lawyers and business representatives have been unable to travel. This paper …
Persistent link: https://www.econbiz.de/10013292769
, by way of conclusion, consider briefly the merits of the three different rules in order to assess whether they represent …
Persistent link: https://www.econbiz.de/10012849521