Beyond the British model. Law reform in New Zealand, Australia, Canada, South Africa and Israel

2018 ◽  
Vol 6 (2) ◽  
pp. 153-166
Author(s):  
Enrico Albanesi
Keyword(s):  
South Africa ◽  
New Zealand ◽  
Law Reform ◽  
Model Law

Corporal Punishment: Law Reform Lessons for Australia from South Africa and New Zealand

2021 ◽  
Vol 54 (2) ◽  
Author(s):  
Laetitia-Ann Greeff
Keyword(s):  
South Africa ◽  
New Zealand ◽  
Corporal Punishment ◽  
Cultural Change ◽  
National Level ◽  
Law Reform ◽  
Constitutional Court ◽  
In Loco Parentis ◽  
A Charge ◽  
The Impact

This article compares the law reform methods employed by South Africa and New Zealand to eliminate the defence of ‘moderate and reasonable chastisement’ to a charge of common assault, to determine the best possible law reform strategy for Australian jurisdictions, within the context of its federal system of governance. South Africa and New Zealand banned corporal punishment on a national level, with South Africa prohibiting the use of corporal punishment by way of the judicial condemnation of the Constitutional Court in 2019, and New Zealand’s legislation to ban corporal punishment through Parliamentary processes in 2007. Corporal punishment in the home is still legal in Australia if administered by parents or those in loco parentis. This article focuses on the three Australian States that have enacted human rights legislation—Victoria, the Australian Capital Territory (ACT) and Queensland—and the impact of this legislation on judicial law reform. In this regard, the doctrine of parliamentary sovereignty is discussed in terms of its ability to limit public interest litigation’s viability to strike down inconsistent legislation. The article suggests that all three countries can learn from one another concerning the successes and/or failures of law reform. Furthermore, the article concludes by acknowledging that even though formal abolition is the norm in South Africa and New Zealand, corporal punishment remains widespread. Parents and those in loco parentis must be supported by continual education initiatives to bring about requisite social and cultural change.

Identifying borrowed sources in secured transactions law reform

2019 ◽  
Vol 24 (3) ◽  
pp. 545-575
Author(s):  
Roderick J Wood
Keyword(s):  
New Zealand ◽  
Dynamic Environment ◽  
Law Reform ◽  
Personal Property ◽  
Article 9 ◽  
Complex Process ◽  
Commercial Code ◽  
Secured Transactions ◽  
The Usa ◽  
Model Law

Abstract The enactment of Article 9 of the Uniform Commercial Code in the USA has had a profound influence on the reform of secured transactions law in other countries. The operational principles that animate Article 9 were first transplanted into Canada and later into New Zealand. In the last two decades, at least 25 countries have passed personal property security legislation (PPSA) based on these principles. On one level, one could claim that Article 9 has been transplanted into each of these 25 countries. However, on another level this story is far too simplistic. If one examines the various statutes, it becomes clear that a more complex process has been at work in which there has been innovation as well as borrowing. These innovations, in turn, influence the borrowings of other countries that enact a PPSA. In this highly dynamic environment the source of borrowing can be difficult to identify. This article examines the nature and extent of the borrowings that occur in connection with the reform of secured transactions in countries that have enacted a PPSA. It will identify three major templates that are available—namely, the most recent version of Article 9, the Canadian/New Zealand model, and the UNCITRAL Model Law. These templates will be reviewed in order to find markers that are present only in that template and not in the other two. These markers will be used to ‘fingerprint’ the PPSA legislation in other countries in order to measure the extent to which the jurisdiction has borrowed from each of the three templates. The article will conclude with a number of observations about the path of secured transactions law reform on an international level.

Forging a British World of Trade

2019 ◽  
Author(s):  
David Thackeray
Keyword(s):  
South Africa ◽  
Twentieth Century ◽  
New Zealand ◽  
United Nations ◽  
International Collaboration ◽  
League Of Nations ◽  
Business Leaders ◽  
Trade Relations ◽  
Historical Role ◽  
The Eu

Brexit is likely to lead to the largest shift in Britain’s economic orientation in living memory. Some have argued that leaving the EU will enable Britain to revive markets in Commonwealth countries with which it has long-standing historical ties. Their opponents argue that such claims are based on forms of imperial nostalgia which ignore the often uncomfortable historical trade relations between Britain and these countries, as well as the UK’s historical role as a global, rather than chiefly imperial, economy. This book explores how efforts to promote a ‘British World’ system, centred on promoting trade between Britain and the Dominions, grew and declined in influence between the 1880s and 1970s. At the beginning of the twentieth century many people from London, to Sydney, Auckland, and Toronto considered themselves to belong to culturally British nations. British politicians and business leaders invested significant resources in promoting trade with Australia, Canada, New Zealand, and South Africa out of a perception that these were great markets of the future. However, ideas about promoting trade between ‘British’ peoples were racially exclusive. From the 1920s onwards colonized and decolonizing populations questioned and challenged the bases of British World networks, making use of alternative forms of international collaboration promoted firstly by the League of Nations and then by the United Nations. Schemes for imperial collaboration amongst ethnically ‘British’ peoples were hollowed out by the actions of a variety of political and business leaders across Asia and Africa who reshaped the functions and identity of the Commonwealth.

scholarly journals Rethinking nineteenth-century literary culture: British worlds, southern latitudes and hemispheric methods

2021 ◽  
pp. 002198942098201
Author(s):  
Sarah Comyn ◽  
Porscha Fermanis
Keyword(s):  
South Africa ◽  
Nineteenth Century ◽  
New Zealand ◽  
Literary Culture ◽  
Settler Colonialism ◽  
Indigenous Studies ◽  
Literary Cultures ◽  
History Of ◽  
Literary Canons ◽  
Methodological Position

Drawing on hemispheric, oceanic, and southern theory approaches, this article argues for the value of considering the nineteenth-century literary cultures of the southern settler colonies of Australia, New Zealand, and South Africa from within an interconnected frame of analysis. First, because of their distinctive historical and structural conditions; second, because of the density of their interregional networks and relations across intersecting oceanic spaces; and third, because of the long history of racialized imperialist imaginaries of the south. This methodological position rethinks current approaches to “British world” studies in two important ways: first, by decoupling the southern settler colonies from studies of settler colonialism in North America; and second, by rebalancing its metropolitan and northern locus by considering south-south networks and relations across a complex of southern islands, oceans, and continents. Without suggesting either that imperial intercultural exchanges with Britain are unimportant or that there is a culturally homogenous body of pan-southern writing, we argue that nineteenth-century literary culture from colonial Australia, New Zealand, and South Africa — what we call a “southern archive” — can provide a counterbalance to northern biases and provide new purchase on nation-centred literary paradigms — one that reveals not just south-south transnational exchanges and structural homologies between southern genres, themes, and forms, but also allows us to acknowledge the important challenges to foundational accounts of national literary canons initiated by southern theory and Indigenous studies scholars.

Claviceps purpurea. [Distribution map].

1973 ◽  
Author(s):  
Keyword(s):  
South Africa ◽  
New Zealand ◽  
Northern Ireland ◽  
South America ◽  
Uttar Pradesh ◽  
Rio Grande ◽  
Claviceps Purpurea ◽  
Rio Grande Do Sul ◽  
Distribution Map ◽  
New Distribution

Abstract A new distribution map is provided for Claviceps purpurea (Fr.). Tul. Hosts: Rye (Seale cereale), other cereals and Gramineae. Information is given on the geographical distribution in AFRICA, Algeria, Canary Islands, Ethiopia, Guinea, Kenya, Malawi, Mauritius, Morocco, Rhodesia, South Africa, Sudan, Tanzania, ASIA, China, India (Punjab, Uttar Pradesh, Madras, Mysore), Iran, Israel, Japan, Korea, Nepal, Philippines, Turkey, USSR (Siberia), AUSTRALASIA & OCEANIA, Australia, New Zealand, EUROPE, Austria, Belgium, Britain and Northern Ireland, Bulgaria, Czechoslovakia, Denmark, Faroes, Finland, France, Germany, Greece, Hungary, Iceland, Irish Republic, Italy, Netherlands, Norway, Poland, Portugal, Romania, Spain, Sweden, Switzerland, USSR (general), Yugoslavia, NORTH AMERICA, Canada (general), Mexico, USA, SOUTH AMERICA, Argentina, Brazil (Rio Grande do Sul), Chile, Colombia, Peru, Tristan da Cunha, Uruguay.

Peronospora farinosa. [Distribution map].

1981 ◽  
Author(s):  
Keyword(s):  
South Africa ◽  
New Zealand ◽  
North America ◽  
South America ◽  
Central America ◽  
West Indies ◽  
Spinacia Oleracea ◽  
Uttar Pradesh ◽  
Distribution Map ◽  
New Distribution

Abstract A new distribution map is provided for Peronospora farinosa Kiessl. Hosts: Beet (Beta vulgaris) and other B. spp., Spinach (Spinacia oleracea), Chenopodium spp. Information is given on the geographical distribution in AFRICA, Ethiopia, Kenya, Libya, Morocco, South Africa, Tanzania, Zimbabwe, ASIA, Afghanistan, Burma, China, Hong Kong, India (Northern States) (Uttar Pradesh) (Madhya Pradesh), Iran, Iraq, Israel, Japan, Korea, Lebanon, Mongolia, Nepal, Pakistan, Taiwan, Thailand, Turkey, USSR, AUSTRALASIA & OCEANIA, Australia, New Zealand, EUROPE, Austria, Belgium, Britain, Bulgaria, Cyprus, Czechoslovakia, Denmark, France, Germany, Greece, Hungary, Iceland, Irish Republic, Italy (Sardina), Malta, Netherlands, Norway, Poland, Portugal, Romania, Spain, Sweden, Switzerland, USSR, Yugoslavia, NORTH AMERICA, Canada, Mexico, USA, CENTRAL AMERICA & WEST INDIES, Guatemala, SOUTH AMERICA, Argentina, Bolivia, Brazil (Sao Paulo), Chile, Ecuador, Peru, Uruguay.

Corynebacterium michiganense pv. michiganense. [Distribution map].

1984 ◽  
Author(s):  
Keyword(s):  
South Africa ◽  
New Zealand ◽  
North America ◽  
South America ◽  
Central America ◽  
West Indies ◽  
Buenos Aires ◽  
Distribution Map ◽  
Rio Negro ◽  
New Distribution

Abstract A new distribution map is provided for Corynebacterium michiganense pv. michiganense (E.F. Smith) Jensen. Hosts: Tomato (Lycopersicon esculentun). Information is given on the geographical distribution in AFRICA, Kenya, Madagascar, Morocco, South Africa, Tunisia, Uganda, Zambia, Zimbabwe, ASIA, China, India (Nagpur), Israel, Japan, Lebanon, Turkey, AUSTRALASIA & OCEANIA, Australia, Hawaii, New Zealand, EUROPE, Austria, Britain, Channel Islands (Jersey), Bulgaria, Germany, Greece, Hungary, Ireland, Italy (incl. Sicily), Norway, Portugal, Romania, Sardinia, Switzerland, USSR (general, Lithuania, W. Siberia and Crimea), Yugoslavia, NORTH AMERICA, Canada, Nova Scotia, Mexico, USA (general), CENTRAL AMERICA & WEST INDIES, Costa Rica, Cuba, Dominica, Dominican Republic, Panama, SOUTH AMERICA, Argentina (Buenos Aires), (Goldenberg), (Mendoza), (Misiones & Rio Negro), Brazil (Sao Paulo), Chile (Santiago), Colombia, Peru.

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