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ghori umair (curatore); hiscock mary (curatore); parsons louise (curatore); watters casey (curatore) - globalisation in transition

Globalisation in Transition Human and Economic Perspectives

Name: Globalisation in Transition
Price: 174,78 € EUR
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Author: Ghori Umair (Curatore); Hiscock Mary (Curatore); Parsons Louise (Curatore); Watters Casey (Curatore)
ISBN: 9789819924387

ghori umair (curatore); hiscock mary (curatore); parsons louise (curatore); watters casey (curatore)

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Dettagli

Genere:Libro

Lingua: Inglese

Editore:

Springer

Pubblicazione: 07/2023

Edizione: 1st ed. 2023

Trama

This book brings together diverse ideas on selected facets of globalisation and transitions in globalisation. The scholars that have contributed to this book examine the phenomenon of globalisation through varied lenses, focusing specifically on the human and economic perspectives. These analyses originate in many areas and different legal systems but are all connected through the work of Professor John Farrar and the associations of the contributors with him.

This book does not attempt to provide answers to the many challenges of globalisation. Instead, this book discusses selected, particular aspects of globalisation that derive from and are connected to the authors’ own research. The thematic diversity of this book is a true strength and should draw a broad range of readers. Whilst this book is primarily written from a legal angle, its content overlaps with broader specialised policy areas, with contributions ranging from taxation to ageing, from insolvency to social licences, and from refugees to the treatment of first nations people. In short, there is something for everyone in this book.

As a tribute to the life’s work of an outstanding legal scholar, Professor John Farrar, this book explores legal responses to the social and economic impacts of globalisation. After personal acknowledgments from colleagues highlighting the significance of his scholarship, this book is divided into two parts. The first part addresses the social impact of globalisation, focusing on immigration and the impact on First Nations people. Changes in the regulation of medicine and technologies related to ageing are also addressed in this part. In part two, the book addresses the transitioning corporate law landscape and notions of fairness and good faith in the law. The final part contains the conclusions, reflections and synthesis of the editors.

Sommario

Abstracts of chapters

Chapter 1: John Farrar: A Distinguished Scholar of Corporate Law

Prof Doug Branson

I assisted John Farrar in conducting a compact course, “Duties of Officers and Directors – Corporate Governance”, from the early 1990s until 2008 or so. We co-taught the course each April-May at the University of Melbourne School of Law. I have also interacted with John several times, lecturing and teaching at Bond University in Queensland and Victoria, Auckland, and Waikato Universities in New Zealand.

My contribution will be a non-exclusive summary of items I learned from interacting with John over several decades. They include the functioning of the board of directors, the American business judgment rule, the Australian business judgement rule, the increasing importance of risk management, the emergence of corporate governance as a global rather than nation-centred subject, and John’s leadership on writing about the neglected topic of governance for small and medium-sized enterprises (SMEs).

The distillation of my relationships with John leads to two conclusions. One confirms that John is the inquisitive, knowledgeable scholar, one with the most impressive substantial international, indeed global, standing and reputation, that I have ever known. Two is that all of the forgoing reinforces the importance of process over substance in corporate law and governance.

Chapter 2: A Contribution about John as a Person

Dominic Esposito

This chapter is dedicated to providing highlights of Professor John Farrar in his academic and related personal competencies and role in the legal academic community. I do this as a former student and long-standing friend, maintaining a relationship since 1978. I received inspiration and care from John at Canterbury University, as a first-year law student which further cemented my pathway into a law degree and then legal practice, having now practised for thirty-six years in Melbourne.

My family background was within a small horticultural community where interfaces with the law were almost non-existent. I attended university to pursue an agricultural science degree. I was fascinated with John by how he demonstrated competency and excellence in the law, and how he was educated and academically formed in Great Britain, the fountain of the common law. John shared with me and the other students his experiences in Britain in private practice, academia, and writing the book that became part of our first learnings. Part of the curriculum was a necessary and enlightened reading of his book Legal Reasoning.

John spoke with authority and care about the profession, induction within the profession, the academic aspect of the law, and what a student needed to do to be part of the discipline. John was unparalleled in his kindness, care and understanding, in assisting me in adopting new skills beyond scientific learning and pursuits, personally vetting my work on several occasions.

John represented the very best of the common law in every sense, with learning by deductive and inductive processes, as articulated in his seminal work, and the traditions of academia, collegiality, and the development of the common law, expressed also in our relationship of over thirty years.

Chapter 3: Ubiquity in the Law

Prof Laurence Boulle

This contribution has as its theme the ubiquity of John Farrar in different aspects of the law. It begins with a dusty personal anecdote from northern Botswana, then moves to consider, eclectically, John’s contributions in three related areas: in legal education, in scholarship and publications in corporate and commercial law, as well as in comparative and international law. In the process, it moves from one jurisdiction to another, and one legal discipline to the next, to give voice to one of John’s many professional admirers concerning his legal contributions.

Law’s narrative, national and global, can be seen as a combination of the many personal stories of teachers, practitioners, judges and other law officials performing the complex and complementary tasks which make up law’s project. One anecdote in John’s personal narrative was encountered on a dusty day in Francistown in northern Botswana near the Zimbabwe border.

The author was on a marketing trip for a prominent Australian law school which included visitations, inter alia, to several public and private legal practitioners to assess the higher degree needs of local lawyers. In Francistown, I arranged a meeting with a prominent lawyer but there was little real progress in the meeting. After a pregnant pause in the discussions, I noticed on his wall a testamur from the University of Bristol and enquired about his studies at the Bristol Law School.

The practitioner soon referred to the greatest influence in his legal studies, namely Professor John Farrar, and diffidently produced from his shelves an early edition of his professor’s work on corporations law – which contributed over the years to John’s fame in four continents. As John was by now an esteemed colleague and friend of mine, the Bristol-centred nexus broke all barriers. A convivial evening was held as we discoursed on different legal topics, many involving our common friend.

My own initial connection with John was what in contemporary parlance would be known as a virtual one. As a new law teacher in another African jurisdiction, my juniority was recognized for being designated to teach Interpretation of Statutes. In searching for inspiration, I was delighted to find in the library a copy of Farrar and Dugdale’s Introduction to Legal Method, already in its second edition, and was enthused by its section on statutes and their construction. The inspiration was furthered by an encounter a year later with Guido Calabresi, then Dean at the Yale Law School and his book A Common Law for the Age of Statutes published the same year as Farrar and Dugdale’s second edition. These experiences prompted unanticipated encouragement in the teaching of the designated subject. It also led to the development of a proposal on a book titled Statute Law, accepted by a publisher but, unobligingly, not seeing the light of day.

Part 1: Human Perspectives

Chapter 4: Globalisation in the Immigration and Refugee Context

Judge Peter Spiller

I was Chair of the New Zealand Immigration and Refugee Tribunal during the period 2014-2021. In that time I published around 1,500 decisions covering residence, deportation and refugee appeals.

This chapter provides a snapshot of the pushes and pulls that have motivated the migration and asylum-seeking of people who have sought to settle in New Zealand. There have been the pushes of civil war, terrorism, corruption, discrimination based on political ideology and religion, and economic deprivation. There have also been the pulls of a relatively open, stable and egalitarian society. These tensions have been more starkly exposed in recent times by the COVID-19 pandemic.

The chapter also reflects upon the challenges of decision-makers who strive to balance individual human rights backed by international conventions and the national interest in the protection of borders. On the one hand, there are the interests of family unity, the best interests of children and the sanctity of human life. On the other hand, the decision-maker needs to observe statutory imperatives and safeguard the public against claimants who

Autore

Dr Umair Ghori (LLB (Hons), LLM, PhD) is Associate Professor at the Faculty of Law, Bond University, with a background in corporate law practice. He researches in the field of international trade, business and investment law with a focus on exploring regulatory issues from a policy perspective and from the perspective of developing countries. Dr Ghori’s work has been published in well-regarded journals and edited volumes in Australia, Asia and the UK. His monograph, Global Textiles and Clothing Trade (Kluwer Law International, 2012), is the leading text examining international trade policy in textiles and clothing trade. Dr Ghori’s current research explores the use of export controls and its overlaps with various aspects of international economic law such as indirect expropriation and the role of social licences to operate. In addition to research, Dr Ghori teaches Contract Law and International Trade and Business Law at Bond University and acts as Academic Supervisor in the Bond Law Clinic. He is the recipient of the Stanley Shaw Prize for Teaching Excellence and has also served as Editor of the Bond Law Review from 2014 to 2018.

Prof Mary Hiscock AM is now Emeritus Professor in the Faculty of Law at Bond University, after many years teaching at Bond University and at the University of Melbourne, interspersed with visiting appointments in Europe, Asia and North America. Her fields are contract and international commercial and comparative laws. Professor Hiscock has represented Australia on a number of occasions at the United Nations Commission on International Trade Law (UNCITRAL). She was for many years Expert Adviser to the European Bank for Reconstruction and Development and Consultant to the Asian Development Bank. She continues to be Member of the Editorial Boards of the Australian Journal of Asian Law and of the Melbourne Journal of International Law. She is immediate past Chair of the International Law Section of the Law Council of Australia and past President of the Academy of Commercial and Consumer Law. She has published extensively over 50 years in books and periodicals, including with Springer.

Dr Louise Parsons is an Associate Professor and Associate Dean (Student Affairs and Service Quality) at Bond University Faculty of Law. She was Senior Legal Counsel in the South African Reserve Bank for 11 years, heading the Corporate, Commercial and Employment Law section, before joining Bond University. Building on her experience as in-house counsel for the South African Reserve Bank, Dr Parsons wrote her PhD thesis on the financial stability mandate of the Reserve Bank of Australia. She teaches and researches mostly in the area of banking and finance law with a particular interest in central banking and cryptocurrencies and blockchain technology. She has also published in the fields of civil remedies and legal education. Dr. Parsons received a Citation from the National Office of Learning and Teaching (Australia) and several other teaching awards. Dr Parsons has served as the chair of the Academic Committee of the Banking and Financial Services Law Association for two years.

Dr Casey Watters joined the Faculty of Law at Bond University in 2020 after previously holding positions with the University of Nottingham and Singapore Management University. Casey’s research focus is corporate law and insolvency where he has published on corporate insolvency, personal bankruptcy, cross-border insolvency, mergers and acquisitions and piercing the corporate veil. Much of his research is comparative and examines the challenges in protecting the rights of debtors and creditors when enterprises are present in multiple jurisdictions and where legal regimes may provide inconsistent rights and obligations.