Browsing by Author "Frankel, Susy"
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Item Open Access Bad landlords: Is registration the answer?(Te Herenga Waka—Victoria University of Wellington, 2015) Sharpe-Davidson, Edward; Bennett, Mark; Frankel, SusyThis paper considers that there is an issue with substandard property management in New Zealand’s private rental sector because of amateur landlords and that the current regulatory regime does little to raise those standards. The registration of landlords and their properties is thought to install a means of quality checking landlords and their properties and represents a level of regulatory oversight that the current regulatory regime lacks.Item Restricted China's trade in services: The perspective on legal issues(Te Herenga Waka—Victoria University of Wellington, 2014) Tao, Siyu; Anderson, Gordon; Frankel, SusyThe objective of this thesis is to identify and analyse whether there are legal problems in China’s trade in services legal system. Although China’s accession to World Trade Organisation (WTO) induced regulatory, institutional and normative changes that have transformed the landscape of trade and investment, legal problems may continue to exist. As China’s trade in services legal system encompassed its FTAs commitments, GATS obligations and relevant domestic legislation, the principal research question can be answered by three sub-questions:, whether relevant domestic legislation is coherent with China’s General Agreements on Trade in Services (GATS) obligations, whether there are any deficiencies existing in domestic legislation and in the implementation, and whether China’s commitments to Free Trade Agreements (FTAs) are consistent with its GATS commitments. To address these questions, this thesis expounds trade in services, China’s trade in services agreements and legal system; examines the consistency of China’s GATS obligations and its relevant domestic legislation; analyses problems within domestic legislation and in the implementation of China’s trade in services obligations compares China’s commitments to GATS and FTAs focusing on the WTO-consistency of China’s FTAs. The thesis concludes that: (1) a comparative study of China’s GATS commitments and relevant domestic legislation has revealed inconsistencies and other legal issues; (2) the process of comparison has identified some problems with legislation and with implementation of China’s trade obligations; (3) despite several ambiguities, China’s FTAs on trade in services are generally WTO-consistent and have some achievements. Thus, the research question of this thesis could be answered by the existence of legal issues within China’s trade in services legal system. On the basis of these conclusions, possible solutions are provided to these legal issues. They are intended to improve the prospects of China’s legislation on trade in services.Item Open Access Common law courts as regulators, an exposition: The Judiciary as a regulatory mechanism(Te Herenga Waka—Victoria University of Wellington, 2015) Meagher, Jacob Joseph; Frankel, Susy; Bennett, MarkAn exposition on a new regulatory theory; Common law courts as regulators – the judiciary as a regulatory mechanism. In this paper the author ascribes to the judiciary/courts specific regulatory powers with regards to fundamental rights, the Bill of Rights and upholding and adjudicating constitutional norms. Via judicial regulation, courts can exercise power outside of the lis in disputes of distinction.Item Open Access Free reign over free range? The regulations of free range eggs in New Zealand(Te Herenga Waka—Victoria University of Wellington, 2015) Rodgers, Zoe; Frankel, Susy; Bennett, MarkNew Zealanders are among the highest egg consumers per capita in the world. Approximately 3.4 million hens produce more than one billion eggs every year, the majority of which are produced in conventional cages. In recent years there has been a shift in consumer attitudes which has resulted in an increase in the demand for free range eggs. A trip to any supermarket reveals the premium consumers pay for free range eggs, compared with cage eggs. This paper analyses the regulation of free range eggs in New Zealand, focusing on how the regulation affects consumers. Most consumers choose to purchase free range eggs for ethical reasons believing that the hens enjoy a better standard of life. However unfortunately this is not always the case. The current regulation is fragmented and flawed which is allowing egg producers to deceive consumers. When it comes to free range eggs consumers are forced to rely on the honesty of producers as it is impossible to detect deception. This paper advocates for regulation reform through labelling. The introduction of an enforceable labelling standard is advocated for, which would hold producers accountable for their carton claims and ensure consumers are able to make informed product decisions.Item Open Access How to slice the pie: Regulating the distribution of copyright revenue in the music industry(Te Herenga Waka—Victoria University of Wellington, 2015) White, Nina; Frankel, Susy; Bennett, MarkThis paper argues that the different bargaining strengths between music creators and music companies results in inefficient and unfair copyright revenue distrribution. On that basis it suggests two forms of regulatory intervnetion. Fair Trade Music is a voluntary certification scheme which would set a satndard of ‘fair remuneration’. The second option is mandatory regulation of the distribution of copyright revenue to ensure a minimum proportion goes to the music creator. Both schemes are considered against the benefits and obstacles in their practical implementation, ability to achieve the regulatory goal, political reactions and international obligations. Ultimately, this paper does not recommend adoption of a mandatory regulation and advises a cautionary approach to Fair Trade Music. Ostensibly it is unlikely the government will pursue either regulatory response without some politcal impetus.Item Restricted LAWS211: Law: The Law of Contract(Victoria University of Wellington, 2008) Frankel, SusyItem Restricted LAWS353: Law: Intellectual Property(Victoria University of Wellington, 2011) Frankel, SusyItem Restricted LAWS353: Law: Intellectual Property(Victoria University of Wellington, 2016) Frankel, SusyItem Restricted LAWS353: Law: Intellectual Property(2018) Frankel, SusyItem Restricted LAWS353: Law: Intellectual Property(Victoria University of Wellington, 2014) Frankel, SusyItem Restricted LAWS353: Law: Intellectual Property(Victoria University of Wellington, 2005) Frankel, SusyItem Restricted LAWS353: Law: Intellectual Property(Victoria University of Wellington, 2008) Frankel, SusyItem Restricted LAWS353: Law: Intellectual Property(Victoria University of Wellington, 2013) Frankel, SusyItem Restricted LAWS354: Law: International Trade Law(2018) Frankel, SusyItem Restricted LAWS354: Law: International Trade Law(Victoria University of Wellington, 2015) Frankel, SusyItem Restricted LAWS354: Law: International Trade Law(Victoria University of Wellington, 2006) Frankel, SusyItem Restricted LAWS354: Law: International Trade Law(Victoria University of Wellington, 2009) Frankel, SusyItem Restricted LAWS390: Law: Special Topic: Law of the Sea(Victoria University of Wellington, 2010) Frankel, SusyItem Restricted LAWS393: Law: Special Topic(Victoria University of Wellington, 2007) Frankel, SusyItem Restricted LAWS393: Law: Special Topic: Patent Law and Innovation(Victoria University of Wellington, 2015) Frankel, Susy