Papers by Andrew M . Dahdal
SSRN Electronic Journal, 2007
ABSTRACT
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SSRN Electronic Journal, 2007
ABSTRACT
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SSRN Electronic Journal, 2007
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SSRN Electronic Journal, 2007
... Associate Dean, Research Professor Bryan Horrigan Research Officer Ms Gwyneth Teh ... 1 The R... more ... Associate Dean, Research Professor Bryan Horrigan Research Officer Ms Gwyneth Teh ... 1 The Rt Hon Sir Ninian Stephen KG, AK, GCMG, GCVO, KBE in Damien Cremean, Admiralty Jurisdiction Law and Practice in Australia and New Zealand (2003) Foreword. ...
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SSRN Electronic Journal, 2008
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SSRN Electronic Journal
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Energy Research & Social Science
The art industry has commercialised and popularised non-fungible tokens (NFTs), with the volume a... more The art industry has commercialised and popularised non-fungible tokens (NFTs), with the volume and value of NFT transactions rapidly growing to US$ 10.7 billion in Q3 2021. The increase in NFT transactions has drawn the attention of the art market to the consequent carbon emissions resulting from verifying transactions in proof-ofwork blockchains supporting NFT transactions. With CO 2-related deaths attributable to NFT transactions, social pressure from the art market has helped to progress the switch away from the deliberately polluting proof-ofwork blockchains to more sustainable consensus protocols. Nonetheless, many popular types of blockchain have resisted the pressure to decrease their environmental impact, including Bitcoin, whose attributed 2021 annual emissions will produce emissions responsible for around 19,000 future deaths. In response, recent global policy interventions have employed legal and fiscal tools to reduce the carbon impact of some or all types of blockchains. Linking the damage caused by proof-of-work blockchains to climate change and human mortality, this study examines the recent policy interventions designed to motivate a shift in blockchain consensus protocols and promote miners' energy efficiency to mitigate environmental damage. This article further explores available policy intervention options that are currently not utilised.
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austlii.com
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Law and Financial Markets Review
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‘Open Banking’ is a digital finance innovation built upon customer data sharing between incumbent... more ‘Open Banking’ is a digital finance innovation built upon customer data sharing between incumbent financial institutions and third party financial service providers. Open Banking is reshaping the banking sector through extending the reach and convenience of traditional banking services by opening up and leveraging consumer data. This disruption is both challenging and changing the nature of established banks and banking. This article provides a brief global survey of Open Banking regulatory developments as context for Australia’s new Consumer Data Right (CDR) regime. Spearheaded by the Open Banking movement, the CDR is the first step Australian policymakers have taken towards realizing the potential of open data capitalism. Australia is a jurisdiction, like the EU, that is increasing taking data protection and control seriously. We argue that emerging Australian Open Banking arrangements are both a measured response to digital financial developments, and another front in Australia’s ongoing commitment to uphold online consumer protection and empowerment.
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LSN: Corporate Law (Topic), 2010
In a 2008 discussion paper, Infrastructure Australia, a statutory advisory council consisting of ... more In a 2008 discussion paper, Infrastructure Australia, a statutory advisory council consisting of 12 members, noted that ‘national infrastructure ...is the platform for future growth and prosperity’. In recent years, however, a number of PPPs engaged in building this national infrastructure have collapsed. With the creation of a ‘Future Fund’ by the current Australian government and a robust agenda envisioned for the technological advancement of Australian infrastructure through a ‘National Broadband Network’ this paper seeks to examine the non-economic political costs associated with the collapse of such PPPs. Although perhaps pessimistic, in that parties do not generally commit to a PPP expecting it to collapse, the costs associated with unsuccessful PPPs are indeed considerations that should at least be acknowledged at the outset of a venture in a robust risk profile. Even the most detailed risk profile, however, cannot account for the political costs that may be incurred by a gov...
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SSRN Electronic Journal
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International Review of Law
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LSN: Rights & Remedies (Private Law - Contracts) (Topic), 2015
Professor J W Carter recently wrote: ‘Lord Reid’s legitimate interest qualification has always be... more Professor J W Carter recently wrote: ‘Lord Reid’s legitimate interest qualification has always been a puzzle’ ((2012) 128 Law Quarterly Review 490, 491). The qualification Professor Carter is referring to allows a non-repudiating party to a contract to continue performance of the contract if i) the co-operation of the repudiating party is not required and ii) it is in their own ‘legitimate interest, financial or otherwise’ to do so. This article submits that the legitimate interest qualification articulated by Lord Reid in the case of White and Carter (Councils) Ltd v McGregor [1962] AC 413 has been (and to the extent that it has not – ought to be – at least in Australia) subsumed by a good faith test pertaining to the behaviour of the non-repudiating party when faced with repudiation. Beyond proffering this observation, this article proceeds to apply and reflect upon the suitability of the elements of good faith in the White and Carter scenario. It finds that good faith is not only...
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Energy Research & Social Science, Jun 2022
The art industry has commercialised and popularised non-fungible tokens (NFTs), with the volume a... more The art industry has commercialised and popularised non-fungible tokens (NFTs), with the volume and value of NFT transactions rapidly growing to US$ 10.7 billion in Q3 2021. The increase in NFT transactions has drawn the attention of the art market to the consequent carbon emissions resulting from verifying transactions in proof-ofwork blockchains supporting NFT transactions. With CO 2-related deaths attributable to NFT transactions, social pressure from the art market has helped to progress the switch away from the deliberately polluting proof-ofwork blockchains to more sustainable consensus protocols. Nonetheless, many popular types of blockchain have resisted the pressure to decrease their environmental impact, including Bitcoin, whose attributed 2021 annual emissions will produce emissions responsible for around 19,000 future deaths. In response, recent global policy interventions have employed legal and fiscal tools to reduce the carbon impact of some or all types of blockchains. Linking the damage caused by proof-of-work blockchains to climate change and human mortality, this study examines the recent policy interventions designed to motivate a shift in blockchain consensus protocols and promote miners' energy efficiency to mitigate environmental damage. This article further explores available policy intervention options that are currently not utilised.
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SSRN Electronic Journal
The COVID-19 coronavirus crisis is putting unprecedented strain on markets, governments, business... more The COVID-19 coronavirus crisis is putting unprecedented strain on markets, governments, businesses and individuals. The human, economic and financial costs are increasing dramatically, with potentially huge impact on developing countries and emerging market countries in addition to developed countries and regions. Across all of these, the greatest toll is likely to fall on those least able to bear it, with terrible damage to human development across the world. This paper examines how the digital financial infrastructure that emerged in the wake of the 2008 Global Financial Crisis is being, and can be, leveraged to overcome the immediate challenges presented by the pandemic and manage the impending economic fallout. The origins of the 2008 crisis and current crisis are different: 2008 was a financial crisis spilling over into the real economy. 2020 is a health and geopolitical crisis, spilling over simultaneously into financial markets and the real economy. As such, this crisis requires different approaches. This study operates at two levels: • At the macro level, it seeks to identify areas of systemic risk and strategies and frameworks to support policy coordination and action; and • At the micro level is seeks to illustrate how digital finance tools may be able to assist addressing some of the challenges emerging. Strategies to address financial aspects of the crisis in order to reduce the economic and human impact include: (1) ensuring sufficient liquidity to support market functioning and underpin demand; (2) intensifying information exchange on health and financial / economic matters in an effort to ensure accurate information despite forces that work against this; (3) heavy, temporary financial support for individuals; for small, medium and large enterprises to avoid loss of infrastructure and preserve the capacity for an orchestrated response (by avoiding mass insolvency); and potentially, in some cases, for governments; (4) leveraging digital finance and payments to reduce human-to-human contact, while organizing support for the elderly and other digitally excluded people who would normally use physical channels; (5) establishing a well-funded coordination body as a crisis management tool to ensure information exchange; (6) directing financial resources to medical infrastructure; and (7) directing financial resources to digital infrastructure and connectivity to support all other aspects of society and the economy, including, especially, the online facilitation of education and widespread work-from-home policies. At the same time, the digitization of financial services in the last decade offers alternative and more direct means by which it may be possible to stimulate the real economy, which will be critical in mitigating the economic impacts and maintaining social cohesion. Tools that support financial inclusion, sustainable development and achievement of the UN Sustainable Development Goals can also provide useful tools during a crisis. These short term strategies are expected to generate deeper structural changes long-term. For now, one cannot predict the new world that will emerge post crisis, but this issue will require focussed attention going forward as the immediate situation eventually comes under control and recovery begins.
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SSRN Electronic Journal
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Papers by Andrew M . Dahdal