Overview

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. 

Full Product Details

Author:   Umair Ghori ,  Mary Hiscock ,  Louise Parsons ,  Casey Watters
Publisher:   Springer Verlag, Singapore
Imprint:   Springer Verlag, Singapore
Edition:   1st ed. 2023
Weight:   0.500kg
ISBN:  

9789819924387

ISBN 10:   9819924383
Pages:   199
Publication Date:   02 July 2023
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

Abstracts of chapters Chapter 1: John Farrar: A Distinguished Scholar of Corporate LawProf 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 PersonDominic 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 LawProf 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 ContextJudge 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 are not credible or have been convicted of offending. Globalisation, in the sense of the movement of people from one country to another, emerges as a multifaceted phenomenon that requires careful management. Chapter 5: Comparative First Nations Treaty Experiences Across the TasmanNarelle Bedford The chapter on Comparative First Nations Treaty Experiences Across the Tasman honours Emeritus Professor John Farrar. Professor Farrar is renowned for his scholarly contributions to legal theory, and law reform. He holds a longstanding interest in conceptions of the ‘State’. His perspective extended beyond theoretical musings to encompass the implications that western notions of Statehood have had for First Nations peoples. Indeed, his cross-cultural understanding was recorded in 2011. A consequence of this is that we seek to impose Western concepts on Māori which do not fit.  Professor Farrar contrasted the traditional understanding of the ‘State’ to the contemporary model developed in public international law. His scholarly focus has been predominantly on New Zealand, but his personal interest extends to Aboriginal and Torres Strait Islander peoples in Australia and the Uluru Statement with its invitation to the Australian people focused on voice, treaty and truth. Professor Farrar’s interests reflect his life in New Zealand and Australia, and his ongoing honorary academic appointments on both sides of the ‘ditch’. This chapter highlights that his scholarship accepts the principles of legal pluralism and displays an awareness of the need for cross-cultural sensitivity. Chapter 6: Global Harmonisation of Therapeutic Goods RegulationDr Wendy Bonython The COVID-19 pandemic has highlighted many ethical tensions and weaknesses within the global markets for medical devices and pharmaceuticals. These markets are highly profitable and tightly regulated. That regulation is predicated on reducing risks to consumers by excluding unsafe therapeutic goods.  Historically market regulation has occurred nationally, with limited cross-recognition of approvals from other jurisdictions, reflecting the gravity of the state’s role in protecting its citizens and fostering local manufacturing. The globalisation of medical markets has prompted increased efforts at global harmonisation of those markets, emphasising reducing regulatory compliance costs to manufacturers through reducing duplication of effort required to seek approval in multiple jurisdictions. Hypothetically this should incentivise investment in further R&D activities, yielding new treatments: yet there are risks associated with moving towards a globally harmonised regulatory framework, particularly if the threshold for an emerging single market is inadequate to protect consumers from harms posed by therapeutic goods.  This chapter examines the global harmonisation of therapeutic goods regulation and considers whether protecting consumer safety remains the objective of a globalised regulatory standard, or whether neoliberal market values have eroded the public harm minimisation foundations on which drug and device regulations are built.  Chapter 7: Ageing and Globalisation: What Role Can Law Play?Prof Vai Io Lo Amid the trend of globalisation, the proportions of aged populations in various parts of the world are rising. Globalisation has redefined the concept of ‘space’, while the commonality of ageing societies has generated socio-economic issues beyond national borders. Ageing and globalisation are not two completely discrete phenomena, but they are interconnected currents in contemporary times. This chapter examines what role law can play to promote the synergistic developments of ageing and globalisation. Chapter 8: A Peek Behind the Curtain of Anti-Aging ScienceProf Michael Lupton The dream of fending off old age is as old as human civilization itself. Given the global aging of the population in western democracies, the goal of developing therapies that preserve health in old age and postpone the onset of age-related diseases is more important than ever. A major incentive is the fact that we now know that it is possible to retard aging in animal models. Aging can be defined as a progressive deterioration of physiological functions accompanied by an increase in vulnerability and mortality with age. On the other hand, anti-aging-based therapies are defined as those that delay the onset of multiple pathologies via core biological processes associated with age-related functional decline. Given its large potential for financial benefits, anti-aging science has tremendous commercial opportunities. Age-related conditions such as cardiovascular disease, cancer and neural degenerative diseases, are the leading causes of death and healthcare costs in the USA. Reducing the rate of aging would have enormous medical and financial benefits. This fact has motivated many start-up companies to invest in this developing area of health care, but they face several challenges and pitfalls, viz. the still poor biological understanding of aging and the necessary, yet complex, hurdles in undertaking clinical trials for the validation of new aging therapies. Although the optimal treatment for each and every disease, irrespective of age, is a special and moral necessity, preventing the onset of age-related diseases by intervening in the basic process of aging may be the ideal solution for maintaining and improving the quality of human life and it's dignity in old age.  Long-term or near-permanent prevention of aging will require effective gene-based intervention to increase the homodynamic space and to prevent or reduce the rate of the shrinkage in that space is the universal characteristic of aging. This then is the ultimate goal of anti-aging researchers.  Part 2: Economic Perspectives Chapter 9: Changing Nature of the Corporate Form Prof Susan Watson For a period, it seemed that the history of corporate law had ended with globalisation contributing to a shared understanding of what the company is.  Consensus may in fact have never existed either about the nature of the form, or what the ideal form is.  The difference matters: what we understand the form of the company to be affects how we regulate it, and how we operate in and around it.  At the time when the focus of corporate governance has shifted to purpose, this chapter considers the purpose of the corporate form itself and asks the question whether one size really fits all? Chapter 10: Central Banks in Crisis Times: Mandates in Crisis?Dr Louise Parsons Although monetary policy has historically been the primary focus of central banks, after the GFC there was broad (although not complete) consensus that central bank mandates also included a mandate for financial stability. During the COVID-19 pandemic, the financial stability mandate of central banks has again been reaffirmed. Similarly, central bank initiatives in the fight against climate change are also justified under their responsibility for financial stability.  This chapter examines the governance of central banks in light of the fact that central bank mandates have significantly evolved and enlarged in the 21st century, mostly without any statutory changes. Questions that arise include legitimacy of decisions and accountability in light of a potential democratic deficit.  Chapter 11: Calculated Compliance in a Globalised World: The Response to Social Licence compulsions by the Australian Live Export SectorDr Umair Ghori The Australian live export sector has been under heightened pressure since news reports revealed widespread cases of animal cruelty and violations of ethical treatment standards. After the enactment of the Export Supply Chain Assurance System (ESCAS), the live export industry is expected to adapt to the need for ethical treatment standards. Additionally, the live export industry must continue to strive to maintain its social licence to operate (SLO) by continuously engaging the community and other stakeholders. This book chapter will draw on the dual-layered social licence regulatory model. It argues that the increased vigilance by stakeholders means that government regulatory standards will themselves be subjected to audit by stakeholders and other custodians of SLO. In parallel to the regulated governmental response, the livestock exporters remain under continued pressure from the animal rights groups and the larger society to maintain their SLO. This ‘soft’ regulation raises exciting issues for businesses, both domestic and foreign-owned. Livestock exporters recognise that given the chequered history of the sector, there are no guarantees that the industry has greater freedom to operate in the future. Therefore, the livestock exporters seek to roll out a normative and cognitive strategy around engagement at the local community level, with the media, with policymakers, and with influential opinion leaders. For foreign investors in the Australian cattle and livestock sector, understanding the dynamics of ‘soft’ regulation and the underlying normative and cognitive elements is essential to operate under SLO. Chapter 12: Developing Protocols for Court-to-Court Communication in Insolvency ProceedingsDr Casey Watters Insolvency proceedings place a premium on cost-effectiveness. However, the expense of parallel proceedings when a company engages in business or has assets present in multiple countries/jurisdictions can deplete the amount available for distribution to creditors in a liquidation or available to effectuate a restructuring. To streamline the process and reduce costs, the trend is for courts to cooperate across jurisdictions. This trend has been facilitated by countries adopting the UNCITRAL Model Law on Cross-Border Insolvency and courts in different countries holding joint hearings. While cooperation and coordination are often necessary, courts in most jurisdictions are not authorized to discuss cases with external parties, including foreign courts, outside formal channels. To address this problem, the last few years have seen several courts adopt guidelines allowing parties to establish protocols that permit court-to-court communication.  This chapter addresses the recent developments in judicial cooperation and continuing challenges to facilitating cooperation directed at reducing the costs of transnational insolvencies. Chapter 13: Towards More Effective and Inclusive Globalisation Strategies in International Tax: The Use of Peer Reviews in Evaluating Tax Treaty Dispute Resolution MechanismsProf Michelle Markham The Organisation for Economic Cooperation and Development/G20 Base Erosion and Profit Shifting Project, initiated in 2013, delivered 15 final Actions in 2015. These actions represent countermeasures to serious risks to tax revenues, tax sovereignty and tax fairness as a result of globalisation, and constitute the most far-reaching and fundamental changes to international tax rules in over a century. They exemplify globalisation in transition, as they reflect the realisation that international tax solutions now require dialogue on a global basis. To this end, an Inclusive Framework was established in 2016, to ensure that both developed and developing countries could participate on an equal and collaborative basis in reviewing and monitoring the new tax rules, including the implementation of new minimum standards on tax treaty dispute resolution. This chapter will examine and evaluate the innovative new peer review process in relation to Action 14, which seeks to improve tax treaty related disputes between jurisdictions. It will critically analyse the outcomes of this process in terms of its efficiency and effectiveness in improving international dispute resolution mechanisms on a global basis.  Chapter 14: Good Faith: A Continuing Enigma of Structure, Content, and Binding PowerProf Mary Hiscock One of the peculiar characteristics of the common law system in Australia is its attitude towards good faith.  There is a consensus that it will not be implied into a contract unless it satisfies the general and rigorous test for implied terms, but it may be an express promise. There is also a consensus as to the content of the concept. But a new area of uncertainty is revealed when good faith in a transaction is a statutory mandatory obligation. Then the content begins to wobble, as its scope of operation widens to include corporations and commercial transactions

Reviews

Author Information

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. 

Tab Content 6

Author Website:  

Customer Reviews

Recent Reviews

No review item found!

Add your own review!

Countries Available

All regions