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.
Author(s): Umair GhoriMary Hiscock, Louise Parsons, Casey Watters
Publisher: Springer
Year: 2023
Language: English
Pages: 208
City: Singapore
Chancellor’s Foreword
List of Publications for John H. Farrar
Tribute
Contents
Contributors
1 Human and Economic Perspectives of Globalisation: An Introduction
1.1 Human Perspectives
1.2 Economic Perspectives
2 John Farrar: Leading Expert and Scholar in Company Law and Corporate Governance
2.1 The Changing Face of Corporate Governance
2.2 Sound Processes: The Business Judgement Rule
2.3 Risk Management
2.4 Corporate Governance for Small and Medium Size Enterprises (SMEs)
2.5 A Final Tribute to Professor Farrar
References
Part I Globalisation in Transition: Human Perspectives
3 Globalisation in the Immigration Context
3.1 Introduction and Background
3.2 Persons Wishing to Establish a New Life
3.2.1 Case Study
3.3 Persons Escaping Persecution in Their Home Country
3.3.1 Case Study
3.4 Persons Migrating for Humanitarian Reasons
3.4.1 Case Study
3.5 Conclusion
References
4 Comparative First Nations Treaty Experiences Across the Tasman
4.1 Tribute
4.2 Introduction
4.3 United Nations Declaration on the Rights of Indigenous Peoples
4.4 Early Conceptions of State in Aotearoa/New Zealand and the Te Tiriti o Waitangi/Treaty of Waitangi
4.5 Australian Public Law and the Uluru Statement
4.6 Comparative Perspectives, Treaties and Legal Pluralism
4.7 Conclusion
References
5 Transitioning Up to Best Practice, or Down to the Bare Minimum? Global Harmonisation of Regulation of Therapeutic Goods
5.1 Introduction
5.2 The COVID-19 Lens
5.3 One Market, or Many?
5.4 Harmonisation of Patent Protection—Why?
5.5 Harmonisation of Safety Standards—Why?
5.6 What Has Harmonisation Achieved? Regulating Up, or Down?
References
6 The Criss-Cross of Ageing and Globalisation
6.1 Introduction
6.2 Population Ageing Around the World
6.3 Intersection of Ageing and Globalisation
6.4 Law and Policy Implications for the International Community
6.5 Conclusion
References
7 A Peek Behind the Curtain of Anti-aging Science
7.1 Introduction
7.2 Definition of Ageing
7.3 Ageing and Death
7.4 Current Anti-ageing Treatments
7.4.1 Introduction
7.4.2 Gene Therapy for Age-Related Diseases
7.4.3 Neurodegenerative Disorders
7.4.4 Enhancement
7.5 Genome Editing as an Anti-ageing Therapy
7.6 Can We Characterise Gene Therapy as Being Ethical?
7.6.1 Individual Concerns Regarding Genome Editing
7.7 The Consequential Effects of Retarding the Ageing Process
7.7.1 Legislative Regulation of Gene Editing (The Regulatory Framework) Prohibition of Human Cloning for Reproduction Act 2002 (Cth)
7.7.2 The Gene Technology Act 2000 (Cth)
7.7.3 Therapeutic Functions Possible with CRISPR/Cas 9
7.8 Conditions Required by Law for the Practical Application of Biogerontology to Arrest the Ageing Process in a Patient
7.8.1 Informed Consent
7.8.2 Ethical Concerns
7.8.3 Eugenics
7.8.4 Economic Inequality
7.8.5 Sociological Issues Effected by Retarding Old Age
7.9 The Polygenetic Nature of Aging and Longevity
7.10 Conclusion
7.11 Postscript
References
8 John Farrar and His /Jū-bik’wi-ti/ in Legal Education
8.1 Introduction
8.2 John Farrar the Educator
8.3 Connecting Education with Scholarship
8.4 Connecting Education with Policy and Law Reform
8.5 Mentoring and Supervision in Education
8.6 Connecting University Management and Education
8.7 Farrar and the Knowledge Commons
References
Part II Globalisation in Transition: Economics Perspectives
9 Calculated Compliance in a Globalised World: The Response to Social Licence Compulsions by the Australian Live Export Sector
9.1 Introduction
9.2 The Application of the Dual-Layered Model of SLO to the Australian Live Export Sector
9.2.1 Supply Chain Assurance
9.2.2 Industry-Led Solution: Livestock Global Assurance Program (LGAP)
9.3 The Industry Self-regulation Option
9.3.1 Response by the Industry
9.3.2 Vigilance of the Supply Chain
9.4 Conclusion
References
10 Towards More Effective and Inclusive Globalisation Strategies in International Tax: The Use of Peer Reviews in Evaluating Tax Treaty Dispute Resolution Mechanisms
10.1 Introduction
10.2 The Establishment of the Inclusive Framework
10.3 The Peer Review Process
10.4 An Inclusive Globalisation Strategy?
10.5 Conclusion: Are Peer Reviews an Effective Globalisation Strategy at a Time of Transition?
References
11 Developing Protocols for Court-to-Court Communication in Transnational Insolvency Proceedings: A Limited Framework for Cooperation
11.1 Introduction
11.2 Legal Framework
11.2.1 Types of Insolvency Regimes
11.2.2 Approaches to Cross-Border Insolvency
11.2.3 Territorialism
11.2.4 Universalism
11.2.5 Modified Universalism and the UNCITRAL Model Law on Cross-Border Insolvency
11.3 Cooperation in Practice
11.3.1 Protocols for Court-to-Court Communication
11.3.2 Content of Protocols
11.3.3 Developments of the JIN
11.4 Modalities and Challenges to Implementation
11.4.1 Problems with the Modalities
11.5 Conclusion
References
12 Central Banks in Crisis Times: Mandates in Crisis?
12.1 John Farrar—A Scholar and a Gentleman
12.2 Of Missions and Mandates: The Role of the Central Bank as a Statutory Body, Public Institution and Functionary of the State, yet also an Independent Bank and Regulator
12.3 Broadening of the Mission as a Crisis Response
12.3.1 The Global Financial Crisis and the Development of the Central Bank’s Financial Stability Mandate
12.3.2 A Global Health Crisis: Responding to the Impact of Public Health Measures During the COVID-19 Pandemic
12.3.3 The Climate Crisis and the Development of ‘Green Central Banking’
12.3.4 Geopolitical Crises of War, Peace and Disrupted Supply Chains: Central Bank Responses to the New War on Inflation
12.3.5 A Potential Cyber Crisis: Novel Approaches in the Foreshadowing of a Potential Cyber Crisis
12.4 Legislative Mandate of a Central Bank—Role and Importance
References
13 Moral Virtue and Corporate Law
13.1 Introduction
13.2 A Contemporary Example
13.3 Modern Slavery Legislation
13.4 Penalties
13.5 Globalisation and Transition
References
14 Concluding Thoughts on Globalisation and the Contributions of Emeritus Professor John Hynes Farrar
14.1 Emerging Themes
14.2 The Role of Government
14.3 Globalisation Versus State Sovereignty
14.4 Advancement of Scientific and Technological Knowledge and Capabilities
14.5 Migration
14.6 First Nations and Post-colonialism
14.7 The Cost of Economic Change
References
