Browsing by Author "Niedermeier, Sandra"

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The Law and Safety of Genetically Modified Food
(Te Herenga Waka—Victoria University of Wellington, 2010) Niedermeier, Sandra
This paper deals with several legal issues regarding the safety of genetically modified food. The first issue the paper considers is whether the current safety assessment methods used by Food Standards Australia New Zealand are sufficient to protect consumers from possible hazards originating from the consumption of genetically modified foods. It argues that the current methods are state of the art and comply with international standards. The comparison with the European Union shows that the safety standards are not only sufficient, but are on a high standard. The paper goes on to analyse the theoretical case of whether companies, which have developed hazardous genetically modified food, can be held liable for harm caused by this food. The current statutory provisions regarding liability and redress are not far reaching enough since it is too difficult for harmed consumers to claim damages. To give consumers the chance to decide for themselves whether they want to purchase genetically modified foods or to avoid them, it is important that genetically modified foods are thoroughly labelled. This paper argues for an improvement of the labelling standards. Besides telling consumers that the food product contains genetically modified ingredients, labels should inform consumers about possible hazards.
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The Revised UNCITRAL Arbitration Rules: An analysis of the provisions on multi-party arbitration
(Te Herenga Waka—Victoria University of Wellington, 2010) Niedermeier, Sandra
This paper analyses the revised UNCITRAL Arbitration Rules with regard to provisions on multi-party arbitration. The advantages and disadvantages of the newly inserted provisions on the appointment of arbitrators in a multi-party situation and joinder of third parties are discussed. Additionally, it is criticised that no provisions on consolidation were included in the revised UNCITRAL Arbitration Rules.
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Sale: 50% Off Software Licences - Can Used Volume Software Licences Legally Be Resold?
(Te Herenga Waka—Victoria University of Wellington, 2010) Niedermeier, Sandra
This paper deals with the case where used volume software licences are sold without selling the master copy, but only selling the pure right to make copies. It compares the situation of reselling volume software licences with situations in which software on a tangible data carrier is resold and the situation in which software, which has been downloaded from the internet, is resold. Furthermore, the business models of the software industry, second-hand software trading companies and companies using volume software licences are described. After introducing the main arguments on this issue in a discussion it becomes evident that the stronger arguments are in favour of the applicability of the first-sale doctrine. Thereafter an overview of German court decisions about this issue is given and the prerequisites of the New Zealand first-sale doctrine in section 9(1) Copyright Act 1994 are analysed. The paper concludes that it has to apply to the resale of single software licences out of a volume software licence agreement. The main reasons for this are a strong need and necessity for the application of the first-sale doctrine in commercial life and the positive prerequisites of the New Zealand first-sale doctrine.