Browsing by Author "Cook, Mike"

Now showing 1 - 4 of 4

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The Anti-Counterfeiting Trade Agreement: Is Your Democracy Being Restricted?
(Te Herenga Waka—Victoria University of Wellington, 2011) Cook, Mike; Thwaites, Rayner; Colon-Rios, Joel
This paper will give an overview of the conflict between international trade agreements and the domestic constitution making ability. By drawing on the example of the Anti-Counterfeiting Trade Agreement, the difficulties with attempting to exclude the citizen at the domestic level from participating in the formation of international trade agreements will be highlighted and the paper will consider current processes for forming international trade agreements and alternatives to these processes which may alleviate the democratic deficits that exist.
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Elder Law and Non-Heterosexual Law: An Intersection
(Te Herenga Waka—Victoria University of Wellington, 2012) Cook, Mike
Exploring the jurisprudential and practical bases for Elder Law and gay/lesbian/transgender law will inform the debate whether there is "Elder Law". The financial responsibility for residential care is an example of the social, family, political and economic needs of society form the basis for the jurisprudence of Elder Law.
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Internet Service Providers and Copyright Infringing in New Zealand: A Look at the Copyright (Infringing File Sharing) Amendment Bill 2010.
(Te Herenga Waka—Victoria University of Wellington, 2010) Cook, Mike
This paper explores the liabilities and responsibilities of Internet Service Providers for infringing file sharing by their customers. In particular, the definition of Internet Service Provider is examined and considered how it differs from the UK and Australian definitions. Having established that there is international inconsistency, the background to the infringing file sharing regime as proposed in the Copyright (Infringing File Sharing) Amendment Bill 2010 is considered and whether the copyright rationales for such a regime bear close scrutiny. By considering the necessity, appropriateness, efficacy and consequences of an internet service suspension regime, the paper concludes that the Bill is premature, copyright is not enhanced by such a regime and there should be further consideration to ensure international consistency and that the potential of the internet is not unnecessarily curbed.
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A Pacific Court of Justice
(Te Herenga Waka—Victoria University of Wellington, 2013) Cook, Mike
This paper explores a regional final appellate court for the Pacific – a Pacific Court of Justice. Five Pacific countries still have a final appeal to Judicial Committee of the Privy Council. The conversation begins with whether this ability to appeal should end, for the same reasons, as it has for all other countries in the Pacific. Then it is asked whether the benefits to be obtained from a Pacific jurisprudence outweigh the benefits to be obtained by the current structures. This is not a new conversation. It has occurred in the Caribbean and resulted in a Caribbean Court of Justice. A domestic appeal structure populated by expatriate judges or indigenous ones but trained in the common law may fit with the requirements of the international community but if this does not address the hopes and aspirations of the Pacific people it is time to consider a better solution.