Browsing by Author "Sinclair, Alexandra"

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Baby on Board? An Examination of the Likelihood of the New Zealand Courts Granting Female Prisoners the Right to IVF Treatment
(Te Herenga Waka—Victoria University of Wellington, 2011) Sinclair, Alexandra
Some commentators have described the reluctance of prison officials to grant prisoners the right to reproductive technologies, such as In Vitro Fertilisation (IVF), while imprisoned, as “modern-day eugenics”. Alternatively it could be argued that granting prisoners the use of reproductive technologies is an appalling diversion of prison resources and contrary to sentencing principles of punishment and deterrence. The case of Castles v Secretary to the Department of Justice (Castles), in the Supreme Court of Victoria in 2010, is an interesting example of the competing interests operating in any penal system. The decision deals with to what extent the state is required to ensure the fulfilment of a prisoner’s reproductive rights, especially in the face of ever diminishing prison resources.
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Discrimination in Arbitrator Selection: How Far Is Too Far?
(Te Herenga Waka—Victoria University of Wellington, 2012) Sinclair, Alexandra
This paper uses the United Kingdom Supreme Court decision of Jivraj v Hashwani as a springboard for a discussion of the rights of parties to select arbitrators that have the same religion or ethnicity as them. This paper looks at arbitrator selection more generally and the limitations acting upon parties when they select their arbitrators. These limitations include domestic and international public policy and Human Rights legislation. It concludes that parties should be able to select arbitrators with the same ethnicity or religious affiliation as them. This is because it allows parties to continue customary dispute resolution practices that their cultures have been practicing for thousands of years and allows cultures to self-determine in a globalised world by receiving arbitral judgments that apply customary law and or are sensitive to the traditions and viewpoints of these cultures.