Browsing by Author "Klesse, Julia"
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Item Restricted Arbitration Mechanism for Sovereign Debts: A Last Chance for Millennium Development Goal 8(Te Herenga Waka—Victoria University of Wellington, 2010) Klesse, JuliaThis paper addresses the question whether it is necessary to establish an international arbitration proceeding to review sovereign debts owed to private and official creditors and to the International Financial Institutions. In this regard, an overview of the variety of creditors on the financial market as well as an analysis of the existing debt restructuring mechanisms is given. Further a range of possible legal and non-legal mechanisms is discussed and compared with an arbitration proceeding. It is argued that while arbitration is not the perfect fit, it does suit the situation better than other mechanisms. Here, a number of issues arise out of which the question of applicable substantive rules is addressed. Focus is thereby laid on the application and drafting of a framework on sovereign bankruptcy and the concept of odious debts.Item Restricted Max Mosley Rejected: Why a Legal Notification Requirement Unreasonably Restricts the Function of the Media(Te Herenga Waka—Victoria University of Wellington, 2010) Klesse, JuliaThis paper addresses the issue of a legal obligation of prior notification on the media. It first shortly addresses the case that gave rise to the topic and its discussion in the United Kingdom. Focus however is laid on the situation in New Zealand and the question whether a legal obligation of prior notification would be in conformity with the New Zealand Bill of Rights Act and specifically whether such an obligation would constitute a reasonably justified limitation of freedom of expression. Lastly a proposal will be given on how such a requirement could be drafted in order to comply with the New Zealand Bill of Rights.Item Restricted The New Zealand Patents Bill 2008: Taking the Opportunity to Revisit the Issue of Business Method Patents(Te Herenga Waka—Victoria University of Wellington, 2010) Klesse, JuliaThe patenting of business methods has been an issue in different jurisdictions not only after the US Federal Circuit held in 1998 that business methods are eligible for patent protection thereby abolishing the policy of former Courts and the United States Patent and Trademark Office to follow the “business method exception”, according to which business methods in general did not qualify as patentable subject matter. Nevertheless, this decision has raised public interest and gives reason to compare the attempts in different jurisdictions in regard to the patenting of business methods. In the last years, the call for a more defined scope of patent law has increased and recent decisions have required some kind of a technical link for a method to be patenteligible. This has been the attempt in the European Union for a while and seems to develop within US jurisdiction as well. In New Zealand, there seems to be the most radical way approaching: the Patent Bill 2008 recommends the exemption of software from patent-eligibility, a measure that will have a huge effect on the patent-eligibility of business methods. This course of action gives reason to examine the position of business methods in the field of patent law as such: do business methods fall into the scope of patent law or are there other incentives more suitable to protect business methods?Item Restricted Regulating Misleading Advertising in New Zealand: Investigating the Two-Track System(Te Herenga Waka—Victoria University of Wellington, 2010) Klesse, JuliaThis paper focuses on the regulation of advertising and especially misleading advertising in New Zealand. It analyses the two-track approach of New Zealand with its statutory and self-regulating system. Focus is laid especially on the latter as its benefits and detriments will be revealed. Lastly possible improvements to the current system are proposed.