scholarly journals Domain Name Disputes: Is Private Dispute Resolution Working?

2021 ◽  
Author(s):  
◽  
Joy Jennifer Liddicoat
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
Dispute Resolution ◽  
Low Cost ◽  
The Internet ◽  
Domain Name ◽  
High Quality ◽  
Internet Policy ◽  
Service Policy ◽  
Rights Issues

<p>InternetNZ has responsibility for management of the .nz domain name space. This dissertation examines InternetNZ's development and implementation of the Dispute Resolution Service Policy (the DRS). The DRS, which is being reviewed in 2010, provides a substantive legal test for unfair registration of a domain name and a dispute resolution process. This dissertation asks whether the DRS is working effectively and, if so, what this reveals about the operation of the Internet in New Zealand. The dissertation shows that the DRS is a low cost, high quality alternative to litigation and is being run in a pragmatic but principled way by InternetNZ. Implications are discussed and recommendations are made for minor improvements. The dissertation concludes with a call for more participation in, and critique of, Internet policy developments given the important human rights issues that can arise and the significance of the Internet in New Zealand today.</p>

scholarly journals Domain Name Disputes: Is Private Dispute Resolution Working?

2021 ◽  
Author(s):  
◽  
Joy Jennifer Liddicoat
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
Dispute Resolution ◽  
Low Cost ◽  
The Internet ◽  
Domain Name ◽  
High Quality ◽  
Internet Policy ◽  
Service Policy ◽  
Rights Issues

<p>InternetNZ has responsibility for management of the .nz domain name space. This dissertation examines InternetNZ's development and implementation of the Dispute Resolution Service Policy (the DRS). The DRS, which is being reviewed in 2010, provides a substantive legal test for unfair registration of a domain name and a dispute resolution process. This dissertation asks whether the DRS is working effectively and, if so, what this reveals about the operation of the Internet in New Zealand. The dissertation shows that the DRS is a low cost, high quality alternative to litigation and is being run in a pragmatic but principled way by InternetNZ. Implications are discussed and recommendations are made for minor improvements. The dissertation concludes with a call for more participation in, and critique of, Internet policy developments given the important human rights issues that can arise and the significance of the Internet in New Zealand today.</p>

scholarly journals Domain Name Disputes: Is Private Dispute Resolution Working?

2021 ◽  
Author(s):  
◽  
Joy Jennifer Liddicoat
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
Dispute Resolution ◽  
Low Cost ◽  
The Internet ◽  
Domain Name ◽  
High Quality ◽  
Internet Policy ◽  
Service Policy ◽  
Rights Issues

<p>InternetNZ has responsibility for management of the .nz domain name space. This dissertation examines InternetNZ's development and implementation of the Dispute Resolution Service Policy (the DRS). The DRS, which is being reviewed in 2010, provides a substantive legal test for unfair registration of a domain name and a dispute resolution process. This dissertation asks whether the DRS is working effectively and, if so, what this reveals about the operation of the Internet in New Zealand. The dissertation shows that the DRS is a low cost, high quality alternative to litigation and is being run in a pragmatic but principled way by InternetNZ. Implications are discussed and recommendations are made for minor improvements. The dissertation concludes with a call for more participation in, and critique of, Internet policy developments given the important human rights issues that can arise and the significance of the Internet in New Zealand today.</p>

scholarly journals Domain Name Disputes: Is Private Dispute Resolution Working?

2021 ◽  
Author(s):  
◽  
Joy Jennifer Liddicoat
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
Dispute Resolution ◽  
Low Cost ◽  
The Internet ◽  
Domain Name ◽  
High Quality ◽  
Internet Policy ◽  
Service Policy ◽  
Rights Issues

<p>InternetNZ has responsibility for management of the .nz domain name space. This dissertation examines InternetNZ's development and implementation of the Dispute Resolution Service Policy (the DRS). The DRS, which is being reviewed in 2010, provides a substantive legal test for unfair registration of a domain name and a dispute resolution process. This dissertation asks whether the DRS is working effectively and, if so, what this reveals about the operation of the Internet in New Zealand. The dissertation shows that the DRS is a low cost, high quality alternative to litigation and is being run in a pragmatic but principled way by InternetNZ. Implications are discussed and recommendations are made for minor improvements. The dissertation concludes with a call for more participation in, and critique of, Internet policy developments given the important human rights issues that can arise and the significance of the Internet in New Zealand today.</p>

scholarly journals The Appropriateness of Conciliation/Mediation for Sexual Harassment Complaints in New Zealand

1997 ◽  
Vol 27 (4) ◽  
pp. 585
Author(s):  
Claire Baylis
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
Sexual Harassment ◽  
Dispute Resolution ◽  
Employment Contracts ◽  
Human Rights Act ◽  
Resolution Processes

In this article, Claire Baylis examines the statutory models of mediation/conciliation in the Human Rights Act 1993 and the Employment Contracts Act 1991 which are used for sexual harassment complaints. She argues that the practice of mediating these complaints is inappropriate due to the incompatibility of the cha585he specific characteristics of most sexual harassment complaints. Further, an analysis of the actual dispute resolution provisions under the Acts raises other issues in the sexual harassment context. Finally, the author outlines some possible reforms to dispute resolution processes in this area.

scholarly journals PEMBENTUKAN PENGADILAN PERTANAHAN SEBAGAI SOLUSI PENYELESAIAN SENGKETA PERTANAHAN

2020 ◽  
Vol 4 (2) ◽  
pp. 264
Author(s):  
Budi Sastra Panjaitan
Keyword(s):  
Human Rights ◽  
Natural Resources ◽  
Dispute Resolution ◽  
Low Cost ◽  
Research Approach ◽  
Legal Research ◽  
Land Dispute ◽  
Land Disputes ◽  
Main Factor

ABSTRAKSengketa pertanahan tetap akan ada ketika para pihak telah memposisikan tanah sebagai faktor produksi yang utama ditambah kemudian tumpang tindihnya peraturan yang berhubungan dengan pertanahan dan sumber daya alam. Sengketa pertanahan dapat melahirkan anarkisme yang tidak jarang menimbulkan berbagai bentuk pelanggaran hak-hak asasi manusia. Pendekatan penelitian yang digunakan adalah penelitian hukum normatif, dengan kesimpulan sebagai berikut: Badan peradilan yang ada telah dipandang tidak lagi sederhana, cepat dan biaya ringan. Pengadilan pertanahan merupakan solusi guna mengatasi kebuntuan dalam penyelesaian sengketa pertanahan, pengadilan pertanahan tidak hanya sekedar formalistik-legalistik dalam mewujudkan keadilan. Keberadaan pengadilan pertanahan dibutuhkan dalam rangka terwujudnya penyelesaian sengketa pertanahan secara cepat, sistematis, sederhana, berkeadilan dan biaya ringan.Kata kunci: sengketa; pertanahan; perngadilan pertanahan.ABSTRACTLand disputes will still arise when the parties have positioned land as the main factor of production plus overlapping regulations relating to land and natural resources. Land disputes can give rise to anarchism which often results in various forms of violations of human rights. The research approach used is normative legal research, with the following conclusions: Existing judicial bodies are no longer considered simple, fast and low cost. Land court is a solution to overcome impasse in the resolution of land disputes, land court is not just formalistic-legalistic in realizing justice. The existence of a land court is needed in order to realize a land dispute resolution that is fast, systematic, simple, fair and low cost.Keywords: dispute; land; land court.

Uniform Domain Name Dispute Resolution Policy (UDRP)

2015 ◽  
Author(s):  
Torsten Bettinger ◽  
Allegra Waddell
Keyword(s):  
Intellectual Property ◽  
Dispute Resolution ◽  
The Internet ◽  
Uniform Domain ◽  
Property Law ◽  
Domain Name ◽  
International Impact ◽  
The Everyday ◽  
Use Of The Internet ◽  
A Company

As worldwide use of the Internet has expanded, the importance of domain name selection and use has increased exponentially for brand owners and professional domain name registrants alike. The terms ‘cybersquatting’ and ‘pay-per-click advertising’ have become commonplace in the everyday vernacular. Although domain name law is, in many respects, similar to more traditional trademark and intellectual property law, many countries are still developing practices for handling disputes over Internet space. Given the international impact of domain name use, and the myriad jurisdictional problems concerning both venue and enforcement of judgments, domain name disputes present a number of challenges to nationally-based court systems. Domain name registration generally follows a ‘first-come, first-served’ model, thus potentially leaving trademark owners open to abusive registrations on behalf of cybersquatters and in some cases putting a company in the difficult position of paying ‘ransom’ to a domain name holder who registered the company’s trademark or brand in a domain.

scholarly journals The need for a structured approach to extradition between China and New Zealand

2021 ◽  
Author(s):  
◽  
Joseph Griffiths
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
Justice System ◽  
Ad Hoc ◽  
Law Enforcement Agencies ◽  
United Nations Convention ◽  
Extraterritorial Jurisdiction ◽  
Bilateral Treaties ◽  
Structured Approach ◽  
Rights Issues

<p>New Zealand will increasingly be confronted with human rights issues arising from the extradition of individuals to China due to perceived inadequacies in China’s criminal justice system and the practice of using force to extract confessions by China’s law enforcement agencies. This thesis examines the failings of New Zealand’s current ad hoc extradition system with its reliance on diplomatic assurances to guarantee fair trial rights and protection against torture for individuals extradited to China. Due to these inadequacies it is possible that the only way in which New Zealand can fulfil its obligations under the United Nations Convention against Corruption in cases involving corruption is for New Zealand to exercise its extraterritorial jurisdiction as an alternative to extradition. The Law Commission’s approach in its 2016 report recommending changes to the Extradition Act 1999 fails to comprehend the essential role bilateral treaties are likely to play in terms of New Zealand’s extradition relationships with countries such as China in the future. It is argued that a more structured approach is needed by concluding a legally binding treaty with China that provides for specific human rights guarantees and a monitoring regime. This treaty should also allow either state party to offer to try an individual sought for extradition by exercising the requested party’s extraterritorial jurisdiction as an alternative to extradition. Furthermore, consideration should be given to expanding the scope of New Zealand’s extraterritorial criminal jurisdiction in cases involving individuals requested for extradition under the treaty.</p>

scholarly journals The need for a structured approach to extradition between China and New Zealand

2021 ◽  
Author(s):  
◽  
Joseph Griffiths
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
Justice System ◽  
Ad Hoc ◽  
Law Enforcement Agencies ◽  
United Nations Convention ◽  
Extraterritorial Jurisdiction ◽  
Bilateral Treaties ◽  
Structured Approach ◽  
Rights Issues

<p>New Zealand will increasingly be confronted with human rights issues arising from the extradition of individuals to China due to perceived inadequacies in China’s criminal justice system and the practice of using force to extract confessions by China’s law enforcement agencies. This thesis examines the failings of New Zealand’s current ad hoc extradition system with its reliance on diplomatic assurances to guarantee fair trial rights and protection against torture for individuals extradited to China. Due to these inadequacies it is possible that the only way in which New Zealand can fulfil its obligations under the United Nations Convention against Corruption in cases involving corruption is for New Zealand to exercise its extraterritorial jurisdiction as an alternative to extradition. The Law Commission’s approach in its 2016 report recommending changes to the Extradition Act 1999 fails to comprehend the essential role bilateral treaties are likely to play in terms of New Zealand’s extradition relationships with countries such as China in the future. It is argued that a more structured approach is needed by concluding a legally binding treaty with China that provides for specific human rights guarantees and a monitoring regime. This treaty should also allow either state party to offer to try an individual sought for extradition by exercising the requested party’s extraterritorial jurisdiction as an alternative to extradition. Furthermore, consideration should be given to expanding the scope of New Zealand’s extraterritorial criminal jurisdiction in cases involving individuals requested for extradition under the treaty.</p>

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