Folauga mo A'oa'oaga: Migration for education and its impact on Samoa's development as a nation

<p>The first recorded scholarship programme in Sāmoa began in the 1920s under the New Zealand Administration. Since that time, more and more students have travelled abroad for education both through sponsored and privately-funded programmes. This thesis examines the stories of 18 Sāmoan research participants who emigrated from their homes for western education. It examines how their experiences have contributed to the development of Sāmoa as a ‘nation’ “Folauga” is a common Sāmoan term for a “journey” and can be used in different contexts. The most common context for folauga is the literal journey where people travel from and arrive at a particular destination. There are many and diverse motivation ns leading to the decision of the 18 research participants to migrate. However, no decision was made independently. With the support and assistance of their respective āiga (family), they were never alone. From birth they were taught the value of the āiga and fa’a Sāmoa (the Sāmoan way) and when they studied abroad their āiga were at the forefront of their minds, but so too was fa’a Sāmoa. These 18 research participants excelled in both the western and Sāmoan worlds. They gained qualifications and experience that supported their āiga, and ultimately benefited Sāmoa as a ‘nation’. The 18 participants did not all return to Sāmoa to live permanently. Some moved to Fiji and others to New Zealand. This should not be viewed negatively because through transnationalism, Sāmoan migrants are very much connected to their homelands through money, goods of many different kinds, artefacts, ideas and symbols. Their migration often involves individuals, families, groups and institutions. It is important however to define ‘Sāmoa’ in the context of this argument. Sāmoa has two constructions of place and of people: the first is Sāmoa as a land-mass and geo-political-legal jurisdiction that is centred on the land and sea and is vital in acknowledging roots and a place of identity. The second construct acknowledges, due to globalisation and migration facilitated by technology, Sāmoan people are no longer confined to the geographical location of Sāmoa. This research employed talanoa as a method to explore the experiences, attitudes, and reflections of the participants. The interview process involved not only long and wide-ranging conversations, but also a process of relationship building. Records of the discussions were written, checked and negotiated so that the 18 participants and the researcher produced a series of scripts – ‘mini biographies’ – that provided a rich body of data for analysis. The contribution of the stories of the 18 research participants to development as a discourse is significant. The participants have navigated their folauga confidently in a western setting as well as within fa’a Sāmoa. Many other Sāmoans have done the same. I therefore argue that not all earlier conventions of development such as modernisation were wasted on Sāmoa. While there is a place for newer development theories such as post development and indigenous epistemologies, for the 18 research participants, they were able to excel in a world of development much of which was externally defined but some of which could be shaped and adapted. The participants saw the good in modernisation and, coupling it with fa’a Sāmoa, they found a recipe to survive and thrive in both worlds.</p>

Folauga mo A'oa'oaga: Migration for education and its impact on Samoa's development as a nation

<p>The first recorded scholarship programme in Sāmoa began in the 1920s under the New Zealand Administration. Since that time, more and more students have travelled abroad for education both through sponsored and privately-funded programmes. This thesis examines the stories of 18 Sāmoan research participants who emigrated from their homes for western education. It examines how their experiences have contributed to the development of Sāmoa as a ‘nation’ “Folauga” is a common Sāmoan term for a “journey” and can be used in different contexts. The most common context for folauga is the literal journey where people travel from and arrive at a particular destination. There are many and diverse motivation ns leading to the decision of the 18 research participants to migrate. However, no decision was made independently. With the support and assistance of their respective āiga (family), they were never alone. From birth they were taught the value of the āiga and fa’a Sāmoa (the Sāmoan way) and when they studied abroad their āiga were at the forefront of their minds, but so too was fa’a Sāmoa. These 18 research participants excelled in both the western and Sāmoan worlds. They gained qualifications and experience that supported their āiga, and ultimately benefited Sāmoa as a ‘nation’. The 18 participants did not all return to Sāmoa to live permanently. Some moved to Fiji and others to New Zealand. This should not be viewed negatively because through transnationalism, Sāmoan migrants are very much connected to their homelands through money, goods of many different kinds, artefacts, ideas and symbols. Their migration often involves individuals, families, groups and institutions. It is important however to define ‘Sāmoa’ in the context of this argument. Sāmoa has two constructions of place and of people: the first is Sāmoa as a land-mass and geo-political-legal jurisdiction that is centred on the land and sea and is vital in acknowledging roots and a place of identity. The second construct acknowledges, due to globalisation and migration facilitated by technology, Sāmoan people are no longer confined to the geographical location of Sāmoa. This research employed talanoa as a method to explore the experiences, attitudes, and reflections of the participants. The interview process involved not only long and wide-ranging conversations, but also a process of relationship building. Records of the discussions were written, checked and negotiated so that the 18 participants and the researcher produced a series of scripts – ‘mini biographies’ – that provided a rich body of data for analysis. The contribution of the stories of the 18 research participants to development as a discourse is significant. The participants have navigated their folauga confidently in a western setting as well as within fa’a Sāmoa. Many other Sāmoans have done the same. I therefore argue that not all earlier conventions of development such as modernisation were wasted on Sāmoa. While there is a place for newer development theories such as post development and indigenous epistemologies, for the 18 research participants, they were able to excel in a world of development much of which was externally defined but some of which could be shaped and adapted. The participants saw the good in modernisation and, coupling it with fa’a Sāmoa, they found a recipe to survive and thrive in both worlds.</p>

Corporate governance and innovation investment in publicly listed firms: the moderating effect of ownership type and legal jurisdiction

PurposeThe paper aims to examine the effect of corporate governance (CG) on innovation investment, with consideration of ownership types and legal jurisdictions.Design/methodology/approachThe authors' empirical analysis is based on a sample of publicly listed family businesses (FBs) from the top-500-list that matched worldwide with non-family counterparts from 2009 to 2018. The study uses a holistic measure of CG to mitigate the conflicting impact of individual CG components found in prior studies. This measure is applied to examine the moderating role of firm ownership type and legal jurisdiction.FindingsThe authors' results demonstrate that CG positively influences innovation investment. This positive relationship is more pronounced in FBs than in non-family businesses (NFBs) and is more prevalent in civil law economies than in common law economies.Originality/valueThe study holistically examines the effect of CG, capturing the combination of all individual governance mechanisms and their influence on innovation investment. The study further shows that comprehensive CG has diverse impacts on innovation investment when considering family control and legal jurisdiction.

The Court of Protection: expert witness and professional reports

SUMMARY The Court of Protection has the legal jurisdiction to make decisions about people who lack capacity to make decisions themselves (in England and Wales). When hearing cases, evidence can be provided to the court by expert witnesses and professionals. The Court of Protection Rules 2017 inform the practice and procedure within the Court of Protection. This article reviews the judgment from a Court of Protection case that analyses the proper role of the expert witness in the court. In doing so the article provides guidance to authors of expert witness reports and reports under section 49 of the Mental Capacity Act 2005 submitted as evidence to the court.

Sexual Assault on Campus

This article examines the case of Y v University of Queensland and the issue of university disciplinary action in cases of student-on-student sexual assault. In addition to the question of whether universities have legal jurisdiction to decide these matters, there is the more fundamental question of whether they should. Using Martha Fineman’s theory of vulnerability as a theoretical lens, this article seeks to evaluate whether accusations of sexual assault should be treated exclusively as police matters or whether universities have a moral obligation to take independent action.

Part I The Conceptual Framework, 4 Jurisdiction and MNE Regulation

This chapter investigates the legal basis for exercising extraterritorial jurisdiction over multinational enterprises (MNEs). The state’s exercise of extraterritorial jurisdiction rests on the international law rules relating to state jurisdiction. A state’s legal jurisdiction can be divided between the jurisdiction to prescribe laws, to adjudicate disputes and to enforce legal orders and judgments. This classification follows the traditional division of governmental authority between legislative, judicial and executive powers, though each branch of government can engage in any of the three. The chapter evaluates the three heads of jurisdiction in turn, relying to a large extent on US practice, which is the most developed in this field. In more recent years, not only the United States, but other global economic powers, have sought to avoid extraterritoriality conflicts though harmonization of regulatory standards and the development of cooperative regulatory structures.

Creative extraction: Black towns in white space

This article interrogates the “anomalous” case of Black-founded towns, so-called because of their relative absence from discourse on Black place, their unique struggles for self-determined development, and their externally ascribed narratives of absent or dysfunctional governance, frequently invoked to explain their lack of access to basic infrastructure. We propose illuminating some of these so-called anomalies through Charles Mills’ “racial contract,” which we argue structures space at a deeper level than traditional legal arrangements and allows us to look relationally at Black towns in “white space.” We also rely on Cedric Robinson’s “racial capitalism” to demonstrate how white space develops through extraction of value from places racialized as nonwhite. Through the case of Tamina, Texas, we argue that Black towns specifically, and Black places more generally, experience racially predatory governance and resource extraction, often by nearby white places, under the guise of following mundane rules of legal jurisdiction, standard economic planning, and development. To illustrate this, we focus on three overlapping mechanisms of “creative extraction” that reinforce white spatial, political, and economic power at the expense of Black places: theft, erosion, and exclusion. These mechanisms are tied to the environmental harms inflicted on Black towns, as some of the existential threats they face.

MaqāṢid Al-‘Adl (Keadilan) Dalam Isu Tuntutan Harta Sepencarian di Malaysia (The Objective of Fairness (al-‘Adl) in The Matrimonial Property Conflict in Malaysia)

Harta sepencarian ialah amalan yang diwarisi daripada adat Melayu secara turun temurun. Bahkan, amalan ini telah diangkat sebagai undang-undang yang sah dan berkuat kuasa dalam perundangan Islam di Malaysia. Amalan ini saban hari terus dipraktikkan di Mahkamah Syariah seluruh negara. Pun begitu, dalam pengamalan harta sepencarian di negara ini, timbul satu persoalan mengenai standard penetapan pembahagian hak dalam harta yang dituntut oleh pihak-pihak yang bertelingkah. Persoalan mengenai prinsip keadilan yang diterapkan semasa proses penetapan pembahagian harta sepencarian cuba dibangkitkan dalam artikel ini. Berdasarkan metode analisis dan kritikan terhadap beberapa isu yang berbangkit, artikel ini memberikan penekanan secara khusus akan penetapan nilai keadilan semasa proses pembahagian hak dalam harta sepencarian. Dengan itu, objektif di sebalik perlaksanaan harta sepencarian iaitu memelihara hak-hak wanita, kebajikan keluarga dapat diimbangkan dengan maslahah lain seperti menjaga keharmonian keluarga secara berterusan dan reda-meredai. Kata Kunci: Harta sepencarian, adat, Mahkamah Syariah, keadilan, maslahah. Abstract Matrimonial property is one of the practices come from Malaysian traditional practices. It has been recognized as a legal jurisdiction and enforced in Malaysian legal system. This tradition has been practiced in Syariah Courts in Malaysia. However, throughout the practices, there is an issue has prompted regarding the standard that been used in partition processes in the matrimonial property. This article questions an issue regarding the principle of fairness that being used while the partition event in the matrimonial property. This article relies upon analysis and critical study to specifically focus on the principle of justice while the partition event of the matrimonial property. Thus, the objective of the matrimonial property practices as it guarantees women rights can be balanced and in line with other benefits such as to ensure the family is in harmony constantly. Keywords: Matrimonial property, tradition, Syariah Court, fairness, benefits.

Assessment of Canada’s continental shelf beyond 200 NM

Since 1945, the legal jurisdiction off the coasts of States has changed from being a 3 mile territorial sea to a series of bands of territorial sea, contiguous zone, exclusive economic zone, and continental shelf. The paper summarizes the historical development of these zones. Now that Canada has submitted its claim for continental shelves beyond the 200 nautical mile (NM) limit to the United Nations’ Commission on the Limits of the Continental Shelf (CLCS), the author calculates estimates for the size of Canada’s continental shelf beyond 200 NMs in both the Atlantic and Arctic Oceans and assesses the effect of the counter-claims by its neighboring States.