scholarly journals Whanganui River and Te Urewera Treaty Settlements: Innovative developments for the practice of rangatiratanga in resource management

2021 ◽  
Author(s):  
◽  
Stephanie Warren
Keyword(s):  
Resource Management ◽  
National Parks ◽  
Legal System ◽  
Self Determination ◽  
Legal Person ◽  
Legal Personality ◽  
Environmental Resource ◽  
Health And Wellbeing ◽  
Treaty Of Waitangi ◽  
To Receive

<p>This thesis concerns the recent innovative developments in the Whanganui River and Te Urewera Treaty settlements of 2014. The Whanganui River has become the first specific environmental resource to receive the rights and status of a legal person. Te Urewera has been removed from the 1980 National Parks Act to also become its own legal person. Both legal personalities will be co-managed by boards of equal Crown and iwi members. The Te Urewera Board will, however, be rearranged in 2018 to have a Tūhoe majority, another first for Treaty of Waitangi settlements. These new features are considered particularly innovative in this thesis because of the context of Crown indivisible sovereignty and its unequal share of power in negotiating settlements. This thesis considers the ability of these settlements to provide space for iwi to practice rangatiratanga in relation to the resource that is central to their history and identity. If rangatiratanga is considered in this context to be the ability of iwi to practice self-determination and autonomy, then these settlements go further than previously seen because the application of the legal personality and the way it is co-managed is based for the most part on the worldview of the iwi. However, this worldview will continue to be practiced within the wider context of the English political and legal system. Because the improvement of the health and wellbeing of the Whanganui River and Te Urewera will be based on tikanga and mātauranga, Whanganui iwi and Tūhoe have been provided with more space than the Crown has previously conceded to practice rangatiratanga over these resources.</p>

scholarly journals Whanganui River and Te Urewera Treaty Settlements: Innovative developments for the practice of rangatiratanga in resource management

2021 ◽  
Author(s):  
◽  
Stephanie Warren
Keyword(s):  
Resource Management ◽  
National Parks ◽  
Legal System ◽  
Self Determination ◽  
Legal Person ◽  
Legal Personality ◽  
Environmental Resource ◽  
Health And Wellbeing ◽  
Treaty Of Waitangi ◽  
To Receive

<p>This thesis concerns the recent innovative developments in the Whanganui River and Te Urewera Treaty settlements of 2014. The Whanganui River has become the first specific environmental resource to receive the rights and status of a legal person. Te Urewera has been removed from the 1980 National Parks Act to also become its own legal person. Both legal personalities will be co-managed by boards of equal Crown and iwi members. The Te Urewera Board will, however, be rearranged in 2018 to have a Tūhoe majority, another first for Treaty of Waitangi settlements. These new features are considered particularly innovative in this thesis because of the context of Crown indivisible sovereignty and its unequal share of power in negotiating settlements. This thesis considers the ability of these settlements to provide space for iwi to practice rangatiratanga in relation to the resource that is central to their history and identity. If rangatiratanga is considered in this context to be the ability of iwi to practice self-determination and autonomy, then these settlements go further than previously seen because the application of the legal personality and the way it is co-managed is based for the most part on the worldview of the iwi. However, this worldview will continue to be practiced within the wider context of the English political and legal system. Because the improvement of the health and wellbeing of the Whanganui River and Te Urewera will be based on tikanga and mātauranga, Whanganui iwi and Tūhoe have been provided with more space than the Crown has previously conceded to practice rangatiratanga over these resources.</p>

scholarly journals The Legal Personality of the Commonwealth of Australia

2019 ◽  
Vol 47 (1) ◽  
pp. 3-30
Author(s):  
Sebastian Howard Hartford Davis
Keyword(s):  
Federal Government ◽  
Legal System ◽  
Body Politic ◽  
Legal Person ◽  
Legal Personality ◽  
Domestic Law

The article analyses legal materials concerning the legal personality of the Commonwealth of Australia under domestic law. It argues that the Commonwealth as legal person has an existence, as a unit of the legal system, which is conceptually distinct from the Commonwealth of Australia as a nation, and the Commonwealth as federal government of that nation. Current idioms (eg ‘polity’ and ‘body politic’) have a tendency to confuse these distinctions. The article suggests, as a more appropriate way to denote the Commonwealth as legal person, the term ‘constitutional person’.

scholarly journals Evolution of Individual Status in International Law

2018 ◽  
Vol 11 (4) ◽  
pp. 116
Author(s):  
Sayel Mofleh Momani ◽  
Maher Saleh Al-Jubouri ◽  
Noor Akef Al-Dabbas
Keyword(s):  
International Law ◽  
Legal System ◽  
Legal Status ◽  
Legal Person ◽  
Legal Personality ◽  
The Status ◽  
International Legal Order ◽  
The Individual ◽  
The Right ◽  
The Relationship

Each legal system has individuals who are addressed with its rules and that the legal rules of the legal system are designed to regulate the relationship between these individuals, and one individual can have legal personality in more than one legal system. The legal personality of these individuals is highlighted by the relationship between them and the legal system in which arranges for them rights and impose obligations on them. The rights and duties of a legal person are not the same; they vary from person to person within the same legal system, and vary from one legal system to another. With regard to the international legal order, it has its own international legal persons, foremost among them States. As for the individual, his legal status under general international law is still not clearly defined and is a subject of controversy among the jurists and interpreters of international law. We will present the position of international jurisprudence on the status of the individual in the first demand, the rules of international law that address individuals directly in a second demand, and the right to submit complaints and claims at the international level in a third demand.

scholarly journals River as a Legal Person

2020 ◽  
Vol 29 (2) ◽  
pp. 11
Author(s):  
Jerzy Bieluk
Keyword(s):  
New Zealand ◽  
Legal System ◽  
Legal Person ◽  
New Approach ◽  
Legal Personality ◽  
Cultural Considerations ◽  
Common Trend ◽  
Beliefs And Values ◽  
The World ◽  
Amazon Ecosystem

<p>The concepts of recognizing elements of nature as having legal personality have been appearing for many years as proposals for a new approach to ecology. Recent years have brought specific solutions in this regard. Attempts to recognize rivers (but not only rivers) as separate legal entities can be found in various places around the world. This is not a common trend, only a few such cases can be identified in the applicable legislation. The article is devoted to the analysis of the best-known examples of this type of activity. In 2017, the legal system of New Zealand recognized the Whanganui River as a legal person. Talks are ongoing about further solutions of this kind. Apart from environmental protection reasons, the basic motives for this type of solution are cultural considerations – connected with Maori beliefs and values. In the legal systems of India and Colombia, the courts have attempted to recognize the rivers (Ganges and Yamuna in India, the Atrata River, and the entire Amazon ecosystem) as legal persons. The motives for this type of activity were primarily ecological – protecting priceless parts of nature from destruction.</p>

scholarly journals Criteria for Recognition of AI as a Legal Person

2019 ◽  
Vol 12 (3) ◽  
pp. 105
Author(s):  
Roman Dremliuga ◽  
Pavel Kuznetcov ◽  
Alexey Mamychev
Keyword(s):  
Legal System ◽  
Legal Theory ◽  
The United States ◽  
Fundamental Rights ◽  
Theory And Practice ◽  
Legal Person ◽  
Human Beings ◽  
Legal Personality ◽  
Legal Personhood ◽  
Fundamental Rights And Freedoms

This question of AI legal personhood is mostly theoretical today. In article we try to generalize some common ways that existing in legal theory and practice. We analyze some cases of recognition of untypical legal persons as well enacted statements in Europe and USA. Readers will not find a detailed methodology in the paper, but rather a list of criteria that is helpful to make a decision on granting legal personhood. Practices of European Union and the United States indicate that common approaches to the legal personality of some kinds of AI are already developed. Both countries are strongly against legal personhood of intellectual war machines. Liability for any damage of misbehavior of military AI is still on competence of military officers. In case of civil application of AI there are two options. AI could be as legal person or as an agent of business relations with other legal persons. Every legal person has to be recognized as such by society. All untypical legal persons have wide recognition of society. When considering the issue of introducing a new legal person into the legal system, legislators must take into account the rights of already existing subjects. Policy makers have to analyze how such legal innovation will comply with previous legal order, first of all how it will affect the fundamental rights and freedoms of the human beings. The legal personhood of androgenic robots that can imitate human behavior regarded in paper as a good solution to minimize illegal and immoral acts committed with their involvement. It would be a factor that keep people from taking action against robots very similar to people. Authors conclude that key factors would be how society will react to a new legal person, how changing of legal rules will affect legal system and why it is necessary. At least all new untypical legal persons are recognized by society, affects of the legal system in manageable way and brings definite benefits to state and society.

5. Creation and incidence of statehood

2019 ◽  
pp. 117-133
Author(s):  
James Crawford
Keyword(s):  
International Law ◽  
The State ◽  
Self Determination ◽  
Legal Person ◽  
Central Type ◽  
Legal Personality

The state is the central type of legal person recognized by international law. Yet, since there are other legal persons so recognized, the possession of legal personality is not in itself a sufficient mark of statehood. This chapter discusses the legal criteria of statehood, some issues of statehood, secession and self-determination, and identity and continuity of states.

A Philosophical Analysis To Uncover The Meaning And Terminology Of Person In Indonesian Criminal Law Context

2017 ◽  
Vol 1 (1) ◽  
pp. 56
Author(s):  
Nani Mulyati ◽  
Topo Santoso ◽  
Elwi Danil
Keyword(s):  
Criminal Law ◽  
Sufficient Conditions ◽  
Criminal Code ◽  
Legal Person ◽  
Philosophical Approach ◽  
Legal Personality ◽  
Legal Subject ◽  
Long Time ◽  
Definition Of ◽  
Broad Meaning

The definition of person and non-person always change through legal history. Long time ago, law did not recognize the personality of slaves. Recently, it accepted non-human legal subject as legitimate person before the law. This article examines sufficient conditions for being person in the eye of law according to its particular purposes, and then, analyses the meaning of legal person in criminal law. In order to do that, scientific methodology that is adopted in this research is doctrinal legal research combined with philosophical approach. Some theories regarding person and legal person were analysed, and then the concept of person was associated with the accepted definition of legal person that is adopted in the latest Indonesian drafted criminal code. From the study that has been done, can be construed that person in criminal law concerned with norm adressat of the rule, as the author of the acts or omissions, and not merely the holder of rights. It has to be someone or something with the ability to think rationally and the ability to be responsible for the choices he/she made. Drafted penal code embraces human and corporation as its norm adressat. Corporation defined with broad meaning of collectives. Consequently, it will include not only entities with legal personality, but also associations without legal personality. Furthermore, it may also hold all kind of collective namely states, states bodies, political parties, state’s corporation, be criminally liable.

Economic Development through Treaty Reparations in New Zealand and Canada

2018 ◽  
Vol 33 (01) ◽  
pp. 61-83 ◽  
Author(s):  
Myra J. Tait ◽  
Kiera L. Ladner
Keyword(s):  
Economic Development ◽  
New Zealand ◽  
First Nations ◽  
Indigenous Communities ◽  
The State ◽  
Self Determination ◽  
Legal Analysis ◽  
Treaty Of Waitangi ◽  
Socio Economic Development ◽  
Law Making

AbstractIn Canada, Treaty 1 First Nations brought a claim against the Crown for land debt owed to them since 1871. In 2004, Crown land in Winnipeg became available that, according to the terms of the settlement, should have been offered for purchase to Treaty 1 Nations. Similarly, in New Zealand, the Waikato-Tainui claim arose from historical Crown breaches of the 1840 Treaty of Waitangi. In 1995, a settlement was reached to address the unjust Crown confiscation of Tainui lands. Despite being intended to facilitate the return of traditional territory, compensate for Crown breaches of historic treaties, and indirectly provide opportunity for economic development, in both cases, settlement was met with legal and political challenges. Using a comparative legal analysis, this paper examines how the state continues to use its law-making power to undermine socio-economic development of Indigenous communities in Canada and New Zealand, thereby thwarting opportunity for Indigenous self-determination.

scholarly journals ARTIFICIAL INTELLIGENCE: IS IT A THREAT OR AN OPPORTUNITY BASED ON ITS LEGAL PERSONALITY AND CRIMINAL LIABILITY?

2021 ◽  
Vol 6 (20) ◽  
pp. 01-09
Author(s):  
Mark Louis ◽  
Angelina Anne Fernandez ◽  
Nazura Abdul Manap ◽  
Shamini Kandasamy ◽  
Sin Yee Lee
Keyword(s):  
Artificial Intelligence ◽  
Information Technology ◽  
Criminal Liability ◽  
Legal Person ◽  
Human Intelligence ◽  
Legal Research ◽  
Legal Personality ◽  
The World ◽  
Technological World ◽  
The Impact

Information technology is taking the world by storm. The technological world is changing rapidly and drastically. Human activities are taken over by robots and computers. The usage of computers and robots has increased productivity in various sectors. The emergence of artificial intelligence has stirred up many debates on both its importance and limitations. Artificial intelligence is directed to the usage of Information Technology in conducting tasks that normally require human intelligence. The expectation of artificial intelligence is high, nevertheless, artificial intelligence has its shortcomings namely the impact of artificial intelligence on the concept of a legal personality. The problem with artificial Intelligence is the debate on whether does it have a legal personality? And another problem is under what situation does the law treat artificial intelligence as an entity with its own rights and obligations. The objective of this article is to examine the various definitions of legal personality and whether artificial intelligence can become a legal person. The article will also examine the criminal liability of artificial intelligence when a crime has been committed. The methodology adopted is qualitative namely Doctrinal Legal Research by analyzing the relevant legal views from various journals on artificial intelligence. The study found out that artificial intelligence has its limitations in defining its legal personality and also in examining the criminal liability when a crime has been committed by robots.

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