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Adams, Michael
- PublicationAustralia: Greenwashing laws finally enforced with $125 million fine against VW(International Union for Conservation of Nature and Natural Resources (IUCN), 2022-04)
During 2010, there were loud cries for specific laws to be passed by the Australian Parliament (Commonwealth and State/Territory) on the concept of "greenwashing". Around the world, consumers and citizens are increasingly concerned about environmental issues and this provides opportunities for additional marketing angles. What has become known as 'green- marketing' has become popular as it attracts environmental conscious consumers to buy green products. Such marketing campaigns have been used to sway public opinion and to endorse an organisation's green credentials.
- PublicationAustralian Corporate Law
In the Preface to the 7th edition of this book, in 2020, we noted that the impact of the coronavirus pandemic on the economy has cast a long shadow on Australian corporate law. It spurred the debate concerning shareholder primacy versus stakeholder capitalism which continues unabated.1Similarly, it spurred policy discussions on law reform impacting continuous disclosure, company meetings, execution of documents and small business restructuring. Indeed, since then, we have witnessed significant law reforms that are covered in this edition.
- PublicationThe Regulation of Digital Currency in China
China has been at the forefront of experimenting with digital currencies, starting from the decentralized cryptocurrencies (cryptos) in the late 2000s to the most recent state-controlled central bank digital currency (CBDC). This article reviews China’s history of digital currencies and examines its unique regulatory approach to both cryptos and CBDC. Reflecting on China’s concerns and ambitions, this article further explores the anticipated future of digital currencies in China with a particular focus on China’s regulatory developments. It concludes that e-CNY, a state-controlled CBDC, is China’s future of money, although that means China must navigate an increasingly complex regulatory landscape.
- PublicationChildren’s Rights, International Legal Standards and the System of Juvenile Criminal Justice in Sri Lanka(2020-06-10)
; ; ; Statistics around the world indicate that there is a continuous increase in the number of children who come into contact with the criminal law. Sri Lanka is no exception. Under these circumstances, the focus of this thesis has been on children who come into conflict with the criminal law of Sri Lanka. The study examines both the treatment of children in conflict with the criminal law and the process of administration of justice for children within the framework of the juvenile justice system of Sri Lanka. While evaluating the judicial process for these children in Sri Lanka, especial attention is paid to the extent to which this process adheres to accepted international norms that promote children’s rights. In reflecting on the degree to which international standards of children’s rights are thus embedded in the Sri Lankan juvenile justice system, it is anticipated that this work will provide deeper insights into what needs to be done to improve justice for children within this system.
Accordingly, this thesis seeks to argue and demonstrate that Sri Lanka, as a state party to the United Nations Convention on the Rights of the Child (UNCRC), violates the established human rights of children in conflict with the criminal law. Further, it illustrates that Sri Lanka significantly deviates from the internationally accepted minimum standards for managing child offenders.
Several research methods were used to establish these two arguments. The methods included an extensive literature review, law-policy analysis, case studies, and doctrinal methods. The analysis of pre-sentencing reports, stakeholder interviews (with key informants – KI), focus group discussions with KIs, and observational visits to courts, police stations, juvenile detention centres and probationary offices provided useful empirical evidence.
Analysis of Sri Lankan laws and policies related to juvenile justice points to significant gaps in the existing juvenile justice system and departures from the expected international conceptual framework, while the interviews, presentence reports, case studies and observational visits to juvenile justice agencies reveal empirical evidence to support that Sri Lanka does violate the UNCRC in relation to how juvenile offenders are managed. It is also seen from this analysis that Sri Lanka is far from meeting the minimum international standards envisaged by the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (‘The Beijing Rules’) in respect to managing children in conflict with the criminal law.
- PublicationCorporate Creditors Protection Rights Worldwide: Towards A Convergence of Strategies
Companies rely on creditors for funding to operate, making it crucial to have legislative and procedural frameworks that protect the interests of these creditors. This article engages in a comparative analysis of corporate creditors’ protection rights on a global scale, emphasizing the Ethiopian case. The study contends that while countries may adopt distinct approaches to safeguard corporate creditors, and variations may exist in the strictness of rules across different strategies, nations have a universal commitment to implement strategies to ensure adequate protection for creditors’ interests. Notably, the study underlines that, amid the surge in globalization and cross-border commerce, strategies for corporate creditor protection are progressively aligning and converging worldwide, signaling a positive trend in global business dynamics, and the Ethiopian case is not an exception. This convergence reflects a harmonized effort across nations to establish a consistent and practical framework for protecting corporate creditors’ interests in the contemporary globalized economic landscape.
- PublicationLegal Issues in Information Technology(Thomson Reuters (Professional) Australia Limited, 2022-02-23)
; ;Roy, Alpana ;De Zwart, Melissa; ;Selvadurai, Niloufer ;Forrest, Heather; McKenzie, SimonThis book is a collection of thought and discussion provoking essays aimed at reaching everyone interested in how governments, corporations and civil society manage the regulation of data in a technology-based society. This probably means every thinking person, as who could not be interested the development of how our information is used and how technology is further embedded in society? Readers who have looked at a cell phone or computer in the last year should be aware of the developing issues that are driving intervention in the acquisition or provision of information. The editor asks readers to contemplate this work as a whole, and to see how the authors provide spotlights on key issues in the heterogeneous mixture of areas that are linked by their operation within a framework built on information technology. This book challenges readers with a focus within inside the information technology domain where law and regulation have a large role to play.
- PublicationInside (trading) Roman's head: Law and friendship
Professor Roman Tomasic and I have known each other for over 30 years. Our professional lives crossed over in respect to two major events. This article explains how we were both founding members of the Corporate Law Teachers Association and the significance of researching in the area of securities markets regulation, in particular insider trading. Both areas have had a long-lasting impact on corporate law teachers, other academics and practitioners. Professor Tomasic had many aspects and areas of law and influence, this is a small sliver of overlap and be described as vignettes of how lives are interwoven by friendship and encouargement.
- PublicationGrowth in information technology governance and new frontiers
- The growing role within technology of both cybersecurity and blockchain demand new governance models.
- Traditional governance processes are no longer fit for purpose nor in line with what stakeholders, including governments, regulators, owners and employees expect.
- The latest challenge to the legal status of investments and the meaning of corporations and securities is the development of decentralised autonomous organisations.
- PublicationInformation governance key to good corporate governance• The key to good information governance is to align data and information governance with overall strategic objectives.
• Directors are confronting both opportunities and challenges in the digital age and require strong information governance.
• A recent survey revealed that implementing an information governance framework is a key area of importance.