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The introduction of proportionate liability for claims for purely economic loss and property damage arising out of tortious or contractual negligence, or misleading and deceptive conduct by corporations and others, will change the way litigation will be planned and conducted in Australia, as it...
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This article uses the context of tort reform legislation to trace the impact of legislation on the principles and operation of tort law, and to analyse the continuing role of the common law in an age of statutes. Broad legislative reforms raise a number of questions of statutory interpretation...
Persistent link: https://www.econbiz.de/10012779269
The paper argues that without a realistic understanding of criminal enterprise located against the commercial forces shaping contemporary Asian market contexts, then domestic, bi-lateral, regional and international control initiatives are not only likely to fail in their regulatory objectives,...
Persistent link: https://www.econbiz.de/10014176169
In the more than thirty years that have passed since the adoption of the Additional Protocols to the Geneva Conventions of 1949, there has been no revisiting of the Geneva laws, to see whether they still effectively regulate their subject-matter. Indeed, even if the Geneva Conventions were...
Persistent link: https://www.econbiz.de/10014178750
Private military and security contractors have been the focus of international attention in recent years, largely due to their prominent role in the conflicts in Iraq and Afghanistan. Given the increased public scrutiny of private military and security contractors (PMSCs), there have been...
Persistent link: https://www.econbiz.de/10014178751
One of the crucial questions which emerges in the context of REDD is how the rights of indigenous peoples and local communities will be protected. These rights include the rights of sharing in the financial benefits of REDD , the rights to participate in decision-making around REDD schemes, and...
Persistent link: https://www.econbiz.de/10014045068
The World Bank is no stranger to criticism of its projects, especially in respect of its privatization and private sector development projects. Critics point to the environmental, social and cultural damage that certain projects have caused, which for some appears not just to be a product of the...
Persistent link: https://www.econbiz.de/10014218098
Under the auspices of the World Bank, "Doing Business" reports have been issued in relation to business activity in economies around the world in 2004, 2005, 2006 and 2007. The Reports focus on business regulation by looking at regulations that enhance and constrain business activity. In order...
Persistent link: https://www.econbiz.de/10014222416