Law Commons^™

An Interdisciplinary Approach In Identifying The Legitimate Regulator Of Anti-Doping In Sport: The Case Of The Australian Football League, Lisa Gowthorp, Annette Greenhow, Danny O'Brien

Lisa Gowthorp

The regulation of anti-doping practices in Australian sport is overseen by the Australian Sports Anti-Doping Authority (ASADA), which is a statutory authority funded by the Australian Commonwealth Government (ACG). The 2013 ASADA investigation into the Essendon Football Club (EFC) uncovered the alleged use of performance and image enhancing drugs by a number of players and support personnel. However, despite the call for sanctions to be placed on those taking banned substances, ASADA itself became the central focus of enquiry with the EFC questioning the legitimacy of ASADA's authority in their management of the investigation. Using content analysis and Bourdieu's conceptual …

An Interdisciplinary Approach In Identifying The Legitimate Regulator Of Anti-Doping In Sport: The Case Of The Australian Football League, Lisa Gowthorp, Annette Greenhow, Danny O'Brien

Danny O'Brien

The regulation of anti-doping practices in Australian sport is overseen by the Australian Sports Anti-Doping Authority (ASADA), which is a statutory authority funded by the Australian Commonwealth Government (ACG). The 2013 ASADA investigation into the Essendon Football Club (EFC) uncovered the alleged use of performance and image enhancing drugs by a number of players and support personnel. However, despite the call for sanctions to be placed on those taking banned substances, ASADA itself became the central focus of enquiry with the EFC questioning the legitimacy of ASADA's authority in their management of the investigation. Using content analysis and Bourdieu's conceptual …

Offshore Petroleum Resource Access And Regulation In Canada, Kylie Fletcher

Kylie Fletcher

Extract: Canada is one of the world’s leading petroleum producers. It claims significant proven reserves of oil and natural gas. Canada’s reserves are estimated to be in the order of 173 billion barrels of oil and 70 trillion cubic feet of natural gas. Canada’s provinces, listed in order of entry into confederation, are Ontario (1867), Quebec (1867), Nova Scotia (1867), New Brunswick (1867), Manitoba (1870), British Columbia (1871), Prince Edward Island (1873), Saskatchewan (1905), Alberta (1905) and Newfoundland and Labrador (1949). Its territories are the Northwest Territories, Yukon and Nunavut. Canada has an extensive coastline, and lays claim to significant …

Regulating Pot To Save The Polar Bear: Energy And Climate Impacts Of The Marijuana Industry, Gina Warren

Gina Warren

No abstract provided.

Fairer Fishing? The Impact On Developing Countries Of The European Community Regulation On Illegal, Unreported And Unregulated Fisheries, Ben Tsamenyi, Kwame Mfodwo, Ben Milligan, Mary Ann Palma

Professor Ben M Tsamenyi

This Economic Paper considers the likely effects on African, Caribbean and Pacific countries of the European Union's Directive on Illegal, Unreported and Unregulated (IUU) Fishing, planned to be implemented form 2010.

Impending Ec Regulation On Iuu Fishing Looms Large Over Industry, Jo-Anne Mccrea, Quentin Hanich, Ben Tsamenyi

Professor Ben M Tsamenyi

It is suggested that a new regulation scheduled to be implemented by the European Union at the beginning of 2010 in an effort to combat illegal, unreported and unregulated (IUU) fishing is likely to have a profound impact on fishing and processing operations worldwide. The IUU Regulation regulates seafood imports to all EU member states and imposes specific requirements on any fishing or processing activity that intends to export into an EU member state. The broad application of the regulation, the power of member states in the implementation of the regulation, and the consequences of non-compliance, are discussed.

Development Impact Of The Council Regulation Establishing A European Community System To Prevent, Deter And Eliminate Illegal, Unreported And Unregulated Fishing On Commonwealth Acp Member Countries, Ben Tsamenyi, Mary Ann Palma, Ben Milligan, Kwame Mfodwo

Professor Ben M Tsamenyi

No abstract provided.

The Implications Of The Wcpfc For Australia's Maritime Regulation And Enforcement, Ben Tsamenyi, Lara Manarangi-Trott

Professor Ben M Tsamenyi

No abstract provided.

Liberalizing Nirvana: An Analysis Of The Consequences Of Common Pool Resource Deregulation For The Sustainability Of Fiji’S Surf Tourism Industry, Jess Ponting, Danny O'Brien

Danny O'Brien

In July 2010, the Fijian government issued a decree that liberalized Fiji’s surf breaks and deregulated its surf tourism industry. It did this by canceling licenses that granted resorts exclusive use of surf breaks based on indigenous customary ownership of foreshore and fringing reef fishing areas as common pool resources. This paper analyses the sustainability of surf tourism in Fiji, utilizing a developing framework for sustainable surf tourism. Based on broader sustainable tourism theory and empirical research, the framework considers (1) the impact of economic neo-liberalism, (2) the need for coordinated planning and limits to growth, (3) the advantages of …

Time To Tame The "Wild Beast" In The Wild West? The Regulation Of Disclosure Of Equity Derivatives In New Zealand, Nan Seuffert

Professor Nan Seuffert

The causes of the recent global financial crisis (GFC) have been a topic of intense debate, with commentators and others pointing to the enormous growth in, and relative lack of regulation of, derivative financial products, including over-the-counter equity swap agreements, as a contributing factor. In New Zealand the Court of Appeal held in Ithaca (Custodians) Ltd v Perry Corp [2004] 1 NZLR 731 that such swap agreements referencing substantial holdings in underlying securities of a particular company did not require disclosure under the substantial security holder disclosure provisions. This article analyses that decision in the context of the GFC and …

Taming The Wild Beast: The Regulation Of Equity Derivatives In New Zealand, Nan Seuffert

Professor Nan Seuffert

The causes of the recent global financial crisis (GFC) have been the topic of intense debate; the contribution of the enormous growth in, and lack of regulation of, derivative financial products, including over-the-counter swaps has been one of the epicentres of that debate. The regulation of derivatives was a topic of some controversy internationally prior to the GFC; derivatives were sometimes referred to as the "wild beasts" of finance markets and some commentators highlighted the systemic risks posed to national economies due to the lack of regulation of these markets. In New Zealand the issue of the regulation of the …

The Growing Consumer Exposure To Nanotechnology In Everyday Products: Regulating Innovative Technologies In Light Of Lessons From The Past, K Van Tassel, R Goldman

Katharine A. Van Tassel

Consumers in the United States are being exposed to steadily increasing levels of novel and untested substances as a result of their contact with consumer products containing nanoparticles. Hundreds of consumer products are being marketed for human consumption, including food, dietary supplements, cosmetics and sunscreens. This expanding market ignores the growing scientific understanding that nanoparticles can create unintended human health and environmental risks. This Article discusses the public health, regulatory, legal and ethical issues raised by the developing appreciation of the health risks associated with nanotech products and is arranged as follows. After this Introduction, this Article describes the present …

How Incentives Drove The Subprime Crisis, Charles W. Murdock

Charles W. Murdock

How Incentives Drove the Subprime Crisis

In order to address any systemic problem, whether the goal is to change the system, regulate the system, or change the incentives driving a system, it is necessary to appreciate all the drivers operating within the system. In the case of the subprime crisis, one of the drivers was the changing nature of the subprime loans, which was not factored into the models used by the investment bankers, the credit rating agencies, and the issuers of credit default swaps.

This paper is an attempt to look dispassionately at the subprime crisis from a particular …

How Incentives Drove The Subprime Crisis, Charles W. Murdock

Charles W. Murdock

In order to address any systemic problem, whether the goal is to change the system, o regulate the system, or change the incentives driving a system, it is necessary to appreciate all the drivers operating within the system. In the case of the subprime crisis, one of the drivers was the changing nature of the subprime loans, which was not factored into the models used by the investment bankers, the credit rating agencies, and the issuers of credit default swaps.

This paper is an attempt to look dispassionately at the subprime crisis from a particular perspective, namely, the incentives that …

Technological Convergence And Competition On The Edge - „Emerging Markets“ And Their Regulation, Andrea Stazi

Andrea Stazi

Technological convergence, on the one hand, tends to point out new roles - and sometimes also markets - for the players in the communications industry, producing the segmentation of different functions and phases in the value chain. On the other hand, technological convergence could bring forth numerous specific antitrust issues, such as an increase in the market power of the suppliers of more appealing services or contents, or a premature foreclosure of the new market due to leveraging of the power maintained by a company in another market. A topic of particular interest, till now quite neglected by legal doctrine, …