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Law 5 Taught Paper Offerings

Enquiries regarding the timetabling and assessment of these papers are welcome.
Contact the Faculty's Graduate Administrator - Anna MacGillivray: amacgill@waikato.ac.nz.

Proposed 2014 Offerings

A Semester
LAWS526 - 14A (HAM)  - Legal Aspects of Cyber Security
LAWS555 - 14C (HAM)  - Comparative and International Indigenous Rights
LAWS562 - 14A (HAM)  - International Trade Law
LAWS569 - 14A (HAM)  - International Law – A place for Indigenous Rights
LAWS570 - 14A (HAM)  - Special Topic: Comparative Environmental Law and Policy
LAWS576 - 14A (HAM)  - The Laws of Armed Conflict and International Humanitarian Law
B Semester
LAWS503 - 14B (HAM)  - Criminology, Criminal Justice Policy and Law
LAWS551 - 14B (HAM)  - Reconciliation, Justice and Indigeneity
LAWS571 - 14B (HAM)  - Special Topic: International Sales and Finance Law
LAWS574 - 14B (HAM)  - Law and Information Technology

Papers are offered subject to demand & staff availability.

LAWS526-14A Legal Aspects of Cyber Security

This paper will be one of the core papers in the new Master of Cyber Security degree. It is also open for Law Masters and honours students. It explores the legal aspects of cyber security and cyber crime, by analysing selected legislation and case law relevant to the area of cyber security. The paper covers the ethical and legal boundaries of rights and liability of security professionals. The paper will cover:

  • An introduction to the application of Criminal Law : Mens Rea and Actus Reus
  • Specific offences in relation to unauthorised access (hacking/cracking)
  • Specific offences in relation to objectionable material
  • Offences that may relate to malicious code.
  • The use and preservation of forensic quality of electronic evidence.
  • A introduction to Tortious law, specific torts will be covered:
  • Privacy
  • Spam
  • Electronic trespass
  • Intellectual property as it relates to digital material, and liability for third party breach.
  • Software licensing

Lecturer: Wayne Rumbles

LAWS555-14C Comparative and International Indigenous Rights

6 February - 16 May

This paper will comparatively examine the construction and development of the relationship between indigenous peoples and domestic and international law in the United States of America, Canada, New Zealand and Australia. We will explore: the evolution and origins of international law in its relationship with indigenous peoples; the laws, procedures and institutions of international law that specifi cally address indigenous peoples concerns and the processes of their on-going development and implementation internationally and domestically in all four countries; the domestic legal/political situation in all four of these countries including land, treaty, governance and political rights; and specific selected contemporary topics of concern to the various indigenous peoples in all four nations.

Lecturers: Professor Brad Morse and Dr Robert Joseph

LAWS562-14A International Trade Law

This paper will provide students with an in-depth understanding and knowledge of the law and policies of present-day international trade regulations, both on the multilateral level (and hence an intensive examination of the procedural and substantive law of the World Trade Organisation (WTO)) and on the regional level (the law of Free Trade Agreements).

Special regard will be given to the ongoing debates on the ongoing negotiations on Trans-Pacific Partnership Agreement. Students will be invited to analyze critically the status quo with a particular emphasis of intended and unintended consequences of trade law on other policy objectives. In particular the so-called "interface" issues (the impact of trade law on the environment, health and safety, development and other social policies) will be critically assessed in light of cases regarding trade in alcoholic beverages, genetically modified products, gambling services, tabacco, renewable energy, seal products and so on.

Lecturer: Dr Sadeq Bigdeli

LAWS569-14A International Law – A place for Indigenous Rights

The purpose of this paper is to focus on the historical and developing place within international law, and the United Nations, of the rights for indigenous peoples. The infl uence of the State on this process together the coinciding indigenous rights to development, environmental rights and economic rights will be examined. The role and effect of the United Nations Declaration on the rights of indigenous peoples will be pivotal.

Lecturer: Valmaine Toki

LAWS570-14A Special Topic: Comparative Environmental Law and Policy

The course will focus on various current environmental topics and different approaches to handle these among New Zealand, the European Union, and USA/Canada. The starting point will be an analysis of the fundamental structures of law, in particular environmental law, in these jurisdictions. The survey will be based on existing legislation as well as on case law. In addition, the key players of environmental law and policy will be identified. The analysis will address current international topics of environmental law, such as participation in environmental decision making, access to courts, justice for NGOs, the role and structure of (transboundary) environmental impact assessments, promoting effectiveness (control & enforcement, criminal law, other strategies, compensation), public private divide/ privatization (general/ special: eco audit; reflexive law, etc.). Against this background major environmental threats and challenges, such as climate change, fisheries, off shore exploitation, and protection of natural resources will be discussed. In workshops throughout the course, the students are asked to prepare and present an analysis of one specific topic or leading case. This analysis/ presentation can be used as basis for the obligatory final paper.

Lecturer: Dr Peter Shutte

LAWS576-14A The Laws of Armed Conflict and International Humanitarian Law

The purpose of the paper is to provide the student with a full understanding of the laws of armed conflict and international humanitarian law and the manner in which they are inter-related against the broader context of international law. The student will learn about the changing nature of international conflict and the way the global legal community is confronting the problem. The student will also learn about the legal options open to the global community in dealing in terms of humanitarian intervention both during and in the aftermath of armed conflict.

Lecturer: Associate Professor Claire Breen

LAWS503-14B Criminology, Criminal Justice Policy and Law

The paper will provide a critical overview of the theoretical explanations for crime, and an examination of the policy goals of the justice system, policing and sentencing, with particular reference to the relationship between age and crime and gender and crime.

Lecturers: Professor Neil Boister and Brenda Midson

LAWS551-14B Reconciliation, Justice and Indigeneity

The paper encourages participants to further their critical and creative thinking about current New Zealand processes for reconciling indigenous claims and how they compare with other systems. The paper focuses on Treaty of Waitangi settlement processes including direct negotiations, Waitangi Tribunal processes, and litigation. Using case studies, students will gain insights into historical and contemporary issues and learn skills in claim management, claimant liaison, and advocacy.

Lecturer: Linda Te Aho

LAWS571-14B Special Topic: International Sales and Finance Law

This course discusses the most important legal issues in international sales and finance in the modern global era. Principal topics include: international sale of goods on most commonly adopted terms such as FOB, CIF and etc., international sale of goods under the terms of the United Nations Convention on the International sale of Goods 1980, passing of property and risk, delivery, bills of lading, letters of credit, disputes resolution, jurisdiction and governing law of contracts for international sales and finance..

Lecturer: Dr Leo Liao

LAWS574-14B Law and Information Technology

The aim of the paper is to provide students with opportunities to explore the impact of various information technologies on current areas of law, including aspects of both the criminal and civil arenas, with special emphasis on intellectual property, and e-business.

This paper will explore current developments within a theoretical context and give students an opportunity to critically analyse an area of interest. The impact of the internet on law; how the internet is infl uencing the interpretation of current law and the development of new law will be examined. This paper will use current topical issues to explore the internets impact. Emphasis will be placed on critical and comparative jurisdictional analysis. Students are encouraged to develop their area of research beyond the confi nes of the formal classes. Students will be exposed to an online learning environment including podcasts and vodcasts to augment the lectures, therefore students need to have basic computer literacy.

Lecturer: Wayne Rumbles


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