Browsing by Author "Holzinger, Esther"

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90 Per Cent Renewable Electricity Generation by 2025: Is New Zealand's Renewable Energy Policy Sufficient?
(Te Herenga Waka—Victoria University of Wellington, 2011) Holzinger, Esther
New Zealand’s current Energy Strategy and Energy Efficiency and Conservation Strategy contain the target to generate 90 per cent of New Zealand’s electricity demand from renewable energy sources by 2025. This paper offers an argument for why New Zealand’s current legislative framework to support and promote renewable electricity generation is not sufficient to achieve this target. The paper focuses on electricity generation from wind energy sources. Some background context is provided by giving an overview of the existing legal framework; following which possible issues that could have a bearing on failing the 90 per cent target are assessed. Finally, policy instruments which could make 90 per cent renewable electricity generation achievable by 2025 are examined. It is concluded that although the 90 per cent target is ambitious it is still achievable.
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Cyber-Terrorism: Are We Legally Prepared for the Day After?
(Te Herenga Waka—Victoria University of Wellington, 2011) Holzinger, Esther
It is submitted that it is most probably just a matter of time before a cyber-terrorism attack will occur and cause enormous harm and damage. The paper continues to analyse the lack of a clear counter-cyber-terrorism mechanism at the international level by examining different existing sectoral United Nations Conventions on terrorism and their applicability to cyber-terrorism. Finally, it discusses whether there is a legal instrument outside the conventional approaches to counter cyber-terrorism. The paper concludes that the Cybercrime Convention of the Council of Europe is a good starting-point but further support is needed to overcome implementation and ratification issues. To ensure further progress, the additional establishment of an inter-governmental task force on cyber-terrorism is favoured.
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Jivraj v Hashwani: Selection Criteria in Arbitration Agreements
(Te Herenga Waka—Victoria University of Wellington, 2010) Holzinger, Esther
This paper offers a critique of the case Jivraj v Hashwani in the English Court of Appeal. It examines the question of whether selection criteria for arbitrators in arbitration agreements are lawful according to European Union anti-discrimination legislation. The author argues first that the appointment of an arbitrator is not an employment covered by the Equality Act 2010. Further, the paper proposes that even if the appointment is an employment, the anti-discrimination legislation of the European Union is not applicable in general to arbitral proceedings. Freedom of contract – the most important principle in arbitration – would come to exist only in theory if anti-discrimination legislation were applied. If this were to happen, arbitration would lose its meaning as an alternative dispute-resolution method because its main comparative advantage over litigation would be gone.