To see the other types of publications on this topic, follow the link: 4804 Law in context.
Dissertations / Theses on the topic '4804 Law in context'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 dissertations / theses for your research on the topic '4804 Law in context.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.
1
Saito, Midori. "Reading Jean Rhys in the context of Caribbean literature : re-positioning her texts in the Negritude movement and the Caribbean literary renaissance in London." Thesis, Goldsmiths College (University of London), 2010. http://research.gold.ac.uk/4804/.
Full textAbstract:
This thesis locates Jean Rhys’ texts specifically within the context of Negritude and the Caribbean literary Renaissance in London. The thesis reads the texts within the context of Caribbean literature and challenges the trend in Rhys’ criticism that segregates her from black Caribbean writers. Positioning Rhys in relation to both her Caribbean male and female contemporaries, I argue for the contexualising of her fiction in the body of Caribbean literature. I also seek to unveil links between Rhys and black Caribbean women writers through a shared critique of gender and I offer a contrapuntal reading of Rhys’ texts as Caribbean literature. Beginning with a consideration of Rhys’ texts in relation to both European modernists’ and surrealists’ texts, I emphasise her different perspective on the cultural ‘other’. I see this difference as crucial when examining her relationship with Caribbean modernism, notably with the Negritude movement. Rhys’ texts are contrasted to works of specific Negritude writers, notably Claude McKay and Aimé Césaire, who were both deeply influenced by modernist aesthetics. Rhys’ texts are compared to those of Negritude women writers such as Suzanne Lacascade and Mayotte Capécia, especially in relation to their shared challenge to patriarchy and resisting the notion of essentialist racial categories. A similar comparison is made in the context of the Caribbean Literary Renaissance specifically in relation to the BBC’s Caribbean Voices and the Caribbean Artists Movement (CAM) in London. Rhys’ ambivalence towards national identity as well as to Western feminism is compared to Una Marson’s radical feminism, analysed in view of Sylvia Wynter’s theoretical insights. Finally Wide Sargasso Sea is mapped against Rhys’ contemporary Caribbean male writers’ rewriting of The Tempest, demonstrating that Rhys’ rewriting of Jane Eyre is an articulation of Caribbean feminism.
2
Anderson, Scott Alan. "Legal indeterminacy in context." Columbus, Ohio : Ohio State University, 2006. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=osu1162267088.
Full text
3
Qi, Chunfang. "Death penalty reform in China : international law context." Thesis, University of Central Lancashire, 2018. http://clok.uclan.ac.uk/25364/.
Full textAbstract:
This thesis provides an account of the history and the status quo of the death penalty in China, along with an analysis of its possible reform in the future. It begins by looking at the history of the use of the death penalty in China from the pre-Qin-Han era to the present. It revolves around consideration of the international law context, the drawbacks of and challenges to the Chinese legal system concerning the use of the death penalty and the would-be approaches to death penalty reform in China against the background of the global abolition movement. It examines the debates between reformists/neo-liberal cosmopolitans and conservatives in Chinese legal history from the end of the Qing dynasty to present-day China. Concerning the international law context, this thesis analyses how China treats international treaties, especially capital punishment related human rights treaties (mainly the ICCPR), on the legislative and judicial level. It studies the factors that have influenced the abolition movement in European countries. The thesis examines the Chinese Criminal Law and the Criminal Procedure Law to find challenges and gaps concerning the use of the death penalty between the Chinese legal system and the requirements of international human rights treaties. It also analyses case studies and empirical studies of capital crimes. Subsequently, the work outlines a number of alternative punishments to the death penalty and possible approaches to reform. It also analyses the present impetus for reform of the death penalty in China from a socio-economic perspective. The thesis further examines Chinese public opinion concerning the reform/abolition of the death penalty, as reflected in various surveys conducted by the author herself, as well as other Chinese or foreign scholars, for which a detailed analysis is provided in Appendix 6. Finally some possible suggestions and solutions are provided for the future reform of the death penalty in China.
4
Kituri, Peter Maganga. "Margin squeeze in the South African context." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12919.
Full textAbstract:
Includes bibliographical references.Following the introduction of the margin squeeze cause of action into South African competition law jurisprudence, the question arises whether the Senwes decisions, have definitively clarified the criteria against which future margin squeeze abuse cases will be dealt with and whether these criteria have evolved into a standalone cause of action. This dissertation will demonstrate the absurdity of the Constitutional Court decision, to delete all references to margin squeeze in the decision of the Competition Tribunal which it upheld while retaining the underlying criteria against which future margins queeze cases will be adjudicated. This dissertation will additionally demonstrate that the Senwes cases, in particular the Tribunal decision read with the Constitutional Court decision, have on the one hand only marginally delineated and elaborated on the elements necessary to establish a margin squeeze abuse, but have on the other hand established margin squeeze as a standalone cause of action in terms of which offending firms can be prosecuted in South African competition jurisprudence.
5
MacLeod, John Alasdair. "Fraud and voidable transfer : Scots law in European context." Thesis, University of Edinburgh, 2014. http://hdl.handle.net/1842/9586.
Full textAbstract:
This thesis examines fraud as a basis for the voidability of transfers in Scots law. In particular, it focuses on misrepresentation and fraud on creditors. In so doing, an attempt is made to provide a principled account of the effect of fraud on transfer which can explain the well-established rules in this area, show how these rules fit within the broader framework of private law and provide some guidance as to the appropriate result in cases where a rule is not clearly established. This account depends on examining the development of the law from a historical and comparative perspective, with particular emphasis on the periods during which the relevant rules and institutions were being developed or received in Scotland and on the links between this process and the wider ius commune tradition. The central contention is that avoidance of a transfer on the basis of fraud is justified by a personal right held by the party at whose instance the avoidance takes place. In the core cases, this personal right is a right to reparation for a wrong for which the transferee is liable. At the periphery, the personal right may arise from the law of unjustified enrichment rather than from the law of delict. This characterisation of the basis of avoidance explains the protection afforded to subsequent acquirers and the limited effect which avoidance has in certain circumstances. It shows the interaction between the law of property and the law of obligations in this area and enables principles developed in the context of one instance of fraud on creditors to be applied to difficult problems in relation to other instances.
6
Turner, Gabrielle. "The role of tort law in the medical context." Thesis, McGill University, 1992. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=22448.
Full textAbstract:
Current proposals in the United Kingdom and Canada recommend the implementation of no-fault compensation schemes for victims of medical accidents. This thesis argues that although such schemes provide an efficient method of distributing general compensation, there is nevertheless a continuing role for the tort liability mechanism. Due to the fact that tort liability is founded on an ethic of individual responsibility, the potential for public accountability of particular medical professionals will be maintained by preserving the common law action in negligence. There is also an important role for tort law doctrine in reflecting a move away from the traditional paternalistic structure of the doctor-patient relationship towards a desirable shared decision-making model. The fact that compensation schemes are not amenable to these goals indicates the necessity of maintaining a dual system, in order to accommodate the plurality of objectives that should be achieved in this context.
7
Mongkolkiatsri, Sirichai. "Private international law context of defamation in the United Kingdom and the European Union context /." Available from the University of Aberdeen Library and Historic Collections Digital Resources, 2009. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?application=DIGITOOL-3&owner=resourcediscovery&custom_att_2=simple_viewer&pid=26230.
Full text
8
Leonavičiūtė, Simona. "Diplomatic asylum in the context of public international law." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2012. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2012~D_20120703_133030-41044.
Full textAbstract:
Every state may face a bid for protection in embassies or consulates from persons looking for a shelter in dangerous situations to their lives and safety. Even though diplomatic asylum is more peculiar to Latin America region, no State is prevented from such seekers. Practical examples show that diplomatic asylum helped to safe thousands of people in countries where instability of governments exist, during wars or in situations where no other alternative of protection was available. Grant of diplomatic asylum is a problematic issue because it raises question which value should prevail: inviolability of premises or non interference into internal affairs, protection of human rights or sovereignty of State.
This master thesis attempts to find out what is the current position of diplomatic asylum in the context of public international law and on what grounds it could be granted in embassies and consulates. For this aim, the thesis is focused on the evolution and main features of diplomatic asylum, on its relation with regional and universal international law instruments, on dominating positions to diplomatic asylum in the case law.
International treaties, state practice and various positions of legal writers were analyzed in order to reveal grounds for granting diplomatic asylum. In the States where diplomatic asylum is recognized, it is granted according to the existing legal regulation. In the States where diplomatic asylum is not considered as legal institute, it is granted on... [to full text]Kiekviena valstybė savo ambasadose ar konsulatuose gali sulaukti asmenų prašančių prieglobsčio dėl gresiančio pavojaus gyvybei ar saugumui. Nors diplomatinis prieglobstis yra būdingesnis Lotynų Amerikos regionui, nė viena valstybė nėra apsaugota nuo tokio prašymo. Praktiniai pavyzdžiai rodo, kad diplomatinis prieglobstis padėjo išgelbėti tūkstančius gyvybių ten, kur vykdavo dažna politinės valdžios kaita, per karus, ar tokiose situacijose, kur nebuvo galima rasti jokios kitos apsaugos. Diplomatinio prieglobsčio suteikimas yra problematiškas klausimas, kadangi nėra aišku, kam turėtų būti teikiama pirmenybė: atstovybės patalpų neliečiamybei ar nesikišimo į valstybės vidaus reikalus principui, žmogaus teisių apsaugai ar valstybės suverenitetui. Šiuo magistro darbu siekiama išsiaiškinti diplomatinio prieglobsčio svarbą tarptautines teisės kontekste, kokie yra galimi pagrindai šiam prieglobsčiui suteikti. Šiam tikslui pasiekti, didelis dėmesys skiriamas diplomatinio prieglobsčio vystymuisi ir pagrindiniams bruožams, jo santykiui su regioniniais ir visuotiniais tarptautines teises dokumentais, dominuojančia pozicija teismų praktikoje. Pagrindams diplomatiniui prieglobsčiui rasti buvo analizuojamos tarptautinės sutartys, šalių praktika ir skirtingos autorių nuomonės. Tose šalyse, kur diplomatinis prieglobstis yra pripažįstamas, jis yra suteikiamas pagal esamą teisinį reguliavimą. Kitose šalyse, nepripažįstančiose diplomatinio prieglobsčio kaip teisinio instituto, jis yra suteikiamas... [toliau žr. visą tekstą]
9
Eser, Sophie. "The responsible man : a study in two private prisons." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:8274c151-0121-4804-8965-89d48d7d8d25.
Full textAbstract:
With the expansion of the use of private prisons and detention centres worldwide and the increasing involvement of private actors in the provision of custodial services, this doctoral thesis considers life inside two private prisons in England. Using theoretically informed ethnography it evaluates the effect of responsibility on men imprisoned in two private prisons in England. Firstly, it briefly reviews the background and development of prison privatisation in England and Wales and considers the role and place of private prisons as part of a wider neo-liberal shift. Secondly, using qualitative data gathered inside two private prisons, it evaluates if these prisons, through their regimes, are trying to create responsible self-governing prisoners. The thesis reviews both, how regimes and practices in place in these two prisons attempt to forge responsible prisoners, and how individual men and groups of prisoners experience, feel about, cope with and assimilate penal messages of self-governance and responsibility. Finally, it questions both the impact of responsible prisoners for prisons and the impact of responsibility on prisoners and argues that, whilst there is a benefit to fostering environments in which prisoners are enabled to become responsible and self-governing, a careful balance must be maintained, as for some men the responsibility itself becomes characteristic of the "pain of imprisonment".
10
De, Villiers Isolde. "South African legal culture in a transformative context." Diss., Pretoria ; [s.n.], 2009. http://upetd.up.ac.za/thesis/available/etd-09272009-155336/.
Full text
11
Sheen, Tamyn Helen. "A microsopic analysis of s 197 in the outsourcing context." Master's thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/4551.
Full textAbstract:
Includes abstract.Includes bibliographical references.
Outsourcing is a growing modern method of conducting business. The reach of s 197 of the Labour Relations Act in outsourcing has sparked debate and controversy in the legal community. Albeit settled that s 197 may apply to initial outsourcing transactions, a lengthy litigation battle resulted in the recent seminal Constitutional Court judgment of Aviation Union of South Africa and other v South African Airways (Pty) Ltd. The Constitutional Court pronounced on the application of s 197 to second generation outsourcing.
12
Girard, Timothy J. "Premature witch hunt? The Amerasia case in context." Thesis, University of Ottawa (Canada), 2005. http://hdl.handle.net/10393/26912.
Full textAbstract:
The Amerasia case concerned the theft of classified U.S. federal government documents by government officials and left-wing critics of U.S. foreign policy. The case did not result in serious criminal penalties and the failure of the prosecution has never been adequately explained. There is some superficial validity to the contention that the case was legally weak to begin with, but it is important to situate the Amerasia case in the context of the debate over the direction of U.S. foreign policy in the transition from World War II to the Cold War. Although conclusions on the subject at this point must remain tentative, there is persuasive evidence that the Truman administration ensured that the U.S. Justice Department did not prosecute the case vigorously because a committed prosecution of the Amerasia case had the potential to compromise or undermine U.S. foreign policy in the early months of the Truman presidency.
13
Mackenzie, Robin. "(Re)framing : law in context & cultural aspects of regulation." Thesis, University of Kent, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.596083.
Full text
14
Kongphok, Pimkamol. "Multimodal transport documents in the context of internationl trade law." Thesis, University of Southampton, 2018. https://eprints.soton.ac.uk/426344/.
Full textAbstract:
The current cross-border transport of goods has been shifted from unimodal carriage of goods to an integrated multimodal transport where two or more modes of transport are involved in one journey under a single contract. This phenomenon is obviously a by-product of containerisation and technological developments in terms of transport operations and relevant infrastructure. Despite the constant growth of containerisation and multimodal transport operations, the peculiar but true fact is that, in terms of regulatory framework, there has been no successful attempt that could achieve global uniformity. Almost four decades of the failure of the 1980 MT Convention, coupled with the hopeless situation of the 2009 Rotterdam Rules imply that the fragmented current legal framework on multimodal transport, which involves a mixture of international unimodal conventions, regional/sub-regional agreements, national laws and standard contractual forms, will continue to be applicable to multimodal transport. Therefore, the issues of legal uncertainty and unpredictability, together with conflicts and inconsistencies will remain. In terms of multimodal transport documents, the number of this type of documents used in transport industry is significantly escalating as a result of the rapid growth of door-to-door transport. However, a lack of international set of rules regulating multimodal transport leads to the situation where the legal status and functions of multimodal transport documents are ambiguous and it can possibly jeopadise the legal value of this type of transport documents in various dimensions, not only for consignors and consignees under carriage of goods contracts, but also for buyers and sellers under sale of contracts as well as banks as examiners of required documents under letters of credit. Thus, an in-depth analysis of legal status and functions of multimodal transport documents in the context of international trade law is the main focus of this thesis. To tackle with documentary issues, for the short term, the proposed solutions include judicial recognition with regard to the legal status of multimodal transport documents in the same level as maritime bills of lading and an amendment of relevant statutes i.e. COGSA 1992 where a sea carriage is involved as a part of multimodal transport journey. For the long-term solution, an international uniform set of rules on multimodal transport is very likely to be the most optimal way forward to comprehensively cope with the current conundrums regarding the use of multimodal transport documents. Although this long-term solution seems impractical at the moment due to multiple factors, this thesis calls attention to the evolution and upcoming changes in terms of multimodal transport operations which will emphasise the unique characteristics of multimodal transport as a contract sui generis and, in order to reflect the real-world trade practice and facilitate international trade transactions, a need for an international convention governing multimodal transport with absolute multimodal thinking will be inevitable in the near future.
15
Chuah, Jason. "The context and construct of international commercial and maritime law." Thesis, University of Westminster, 2006. https://westminsterresearch.westminster.ac.uk/item/924q7/the-context-and-construct-of-international-commercial-and-maritime-law.
Full text
16
Habibzadeh, Taher. "Developing and modernizing Iranian law in the context of electronic contracts by a comparative study of UNCITRAL rules, English law, American law, EU law and Iranian law." Thesis, University of Manchester, 2014. https://www.research.manchester.ac.uk/portal/en/theses/developing-and-modernizing-iranian-law-in-the-context-of-electronic-contractsbya-comparative-study-of-uncitral-rules-english-law-american-law-eu-law-and-iranian-law(004e86e1-83a6-42f0-9e6b-d3f6270696ad).html.
Full textAbstract:
In the modern world, electronic communications play a significant role in national and international electronic transactions. This issue has forced all legal systems to face up to many emerging legal problems in the context of electronic communications, such as the time and the place of formation of electronic contracts, the validation of e-contracts made by the interaction with e-agents, the legal validity of electronic documents and signatures, consumer protection in contracting electronically in particular in cross-border e-transactions, and the Internet jurisdiction and choice of law. One issue to determine is the place of formation of contracts when contracting electronically, either through email, websites or chat-rooms to see how the notion of 'place' is perceivable in cyberspace; and the way of application of the four traditional theories of information, dispatch, receipt and awareness relating to the time and place of conclusion of contracts in contracting by electronic means should be examined. Regarding the legal validity of e-contracts made through interactive websites, the legal status of electronic agents which play an important role in this process is questionable to see whether they are akin to real agents in the physical world or they are only a mere tool of communication. The responsible person for any mistakes that an electronic agent makes and causes losses or damages to the contracting parties should also be examined. There are also questions regarding meeting the formalities in the formation of some specific contracts in contracting electronically to see whether the electronic documents and signatures legally valid and admissible at the courts of law or not. Their legal weight should also be measured. Moving on the jurisdiction and choice of law issue, some argumentative questions raise. For instance, where the rule of private international law provides that the competent court is the court within which jurisdiction the contract is performed, it is necessary to see that where the place of performance of the contract in which the subject matter is digital goods such as e-books or computer software delivered online is. This is also an important question in providing electronic services such as e-teaching. Regarding the choice of law issue the same questions of jurisdiction are posed. Furthermore, as consumer protection issue in B2C contracts is important in developing electronic commerce worldwide, it should be considered that whether the consumer party is able to bring an action against the business party in his own place of domicile or habitual residence or not. These are only a sample of questions that the current research tries to analyse based on the traditional legal rules and principles and the statues on electronic commerce. Discussing the above legal doubts in the context of Iranian law shows that there are a number of legal uncertainties in the Iranian legal system hindering, or at least putting in doubt, the development of electronic commerce in both national and cross-border electronic transactions. Despite the fact that some of them have been addressed by the Iranian Electronic Commerce Act 2004 indirectly, however a detailed legal work is still definitely needed to elaborate the questions and provide solutions developing and modernizing Iranian law in the context of electronic contracts. The author in the current research tries to analyse the questions by a horizontal comparative study of the UNCITRAL Model Laws, the Convention on the Use of Electronic Communications in International Contracts 2005, the EU law, English law, American law and Iranian law. Also, a four-stage roadmap that acts as the guiding principle of this research is employed to develop the Iranian legal system in the context of e-commerce. The first stage focuses on whether the exact application of Iranian traditional law can address the emerging legal doubts; the second stage expands and develops traditional rules; the third introduces legal presumptions; and the fourth theorizes new rules. The research concludes that the Iranian legal system may be modernized and developed in the context of electronic contracts by adopting the legal policy and solutions of other legal systems by both scholarly legal doctrines and legislation.
17
Bhusal, Dharma Raj. "Economic Crime : Law and Legal Practice in the context of Nepal." Doctoral thesis, Universitätsbibliothek Chemnitz, 2009. http://nbn-resolving.de/urn:nbn:de:bsz:ch1-200901495.
Full textAbstract:
The doctoral thesis is dealing with the phenomenon of economic crime in the context of Nepal, i.e. a developing country situated between two big emerging States, China and India. The study starts by explaining objectives and methods of the work, then it gives a short overview about the actual social, economic and political situation of Nepal. Chapter 3 concentrates on the definitions of "economic crime" and describes seven different types, starting with corruption and ending with money laundering. The explanation of these various types is completed by sketching the relevant working agencies the task of which is to fight against specific crimes. In the next chapter, the author at first shows the structure of the Nepali legal order and organisation, before he is looking at various laws/acts relating to economic crime. At the end of chapter 4, he is trying to compare those laws and to assess their stringency and efficiency. Chapter 5 deals more detailledly with relevant working agencies and is structured similar to the previous one, i.e. it explains the organisation, task and powers of each agency as well as their cooperation and, at the end, it tries to assess common features, parallels as well as divergencies between them. Chapter 6 is based upon field studies of the author. On the one hand, it shows the results from questionnaires which were handed out to a lot of persons in Nepal and which might give a rather broad impression about various aspects of economic crime in this country. On the other hand, a very prominent case (Governor and Director of Nepal Rastra Bank) is looked at more intensively, and the author has scanned important original documents in order to give a clear account of its main features. At last, by summing up theoretical, normative and empirical components the author has been caused to deliver some proposals of his own for remedies relating to economic crime, in particular concerning improvements of control mechanisms and establishing a single working agency with different departments for the fight against economic crimeDie rechtswissenschaftliche Dissertation befasst sich mit dem Phänomen von "economic crime" (Wirtschaftsstraftaten) im Kontext Nepals, d.h. eines Entwicklungslandes, das zwischen zwei großen Schwellenländern, China und Indien, gelegen ist. Die Untersuchung beginnt mit einer Erläuterung von Zielen und Methoden der Arbeit und gibt dann einen kurzen Überblick über die gegenwärtige gesellschaftliche, wirtschaftliche und politische Lage Nepals. Kap. 3 widmet sich den Definitionen von "economic crime" und beschreibt sieben unterschiedliche Typen, von Korruption bis Geldwäsche. Die Darstellung dieser verschiedenen Typen wird ergäzt durch einen Blick auf die zuständigen staatlichen Stellen, die mit dem Kampf gegen "economic crime" befasst sind. Im nächsten Kapitel zeigt der Verfasser zunächst die Struktur der Rechtsordnung und Staatsorganisation Nepals auf, bevor er sich zahlreichen Rechtsvorschriften bezüglich "economic crime" zuwendet. Am Schluss des 4. Kapitels ist er bestrebt, diese Vorschriften zu vergleichen und ihre Stringenz und Effizienz zu würdigen. Kap. 5 befasst sich ausführlicher mit den zuständigen (Verwaltungs-) Stellen und ist ähnlich aufgebaut wie das vorherige, d.h. es erläutert Aufbau, Aufgabe und Befugnisse jeder Stelle sowie deren Zusammenarbeit und versucht schließlich, Gemeinsamkeiten, Parallelen und Unterschiede zu verdeutlichen. Kap. 6 stützt sich auf Feldstudien des Verfassers. Einerseits zeigt es die Ergebnisse einer Erhebung per Fragebogen auf, den eine Vielzahl von Personen in Nepal erhielten und ausfüllten und durch den wichtige Eindrücke über verschiedene Aspekte von "economic crime" in diesem Land vermittelt werden. Andererseits wird ein überaus prominenter Fall (Gouverneur und Direktor der Nepal Rastra Bank) eigehender erörtert und der Verfasser gibt im Text wichtige Originaldokumente wieder, um die wesentlichen Züge dieses Vorfalls deutlich zu machen. Abschließend stützt sich der Verfasser auf theoretische, normative und empirische Erkenntnisse zur Unterbreitung eigener Vorschläge für Maßnahmen ("remedies") gegen "economic crime", vor allem im Hinblick auf eine Verbesserung der Überwachung und des Vollzugs sowie der Errichtung einer einzigen zuständigen Behörde mit mehreren Abteilungen zum Kampf gegen Wirtschaftsstraftaten
18
Luther, Peter. "Drunkards and lamp-posts : text and context in the common law." Thesis, University of Essex, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.559264.
Full textAbstract:
This thesis consists of the text of five published articles, with the addition of a general introduction and a short conclusion. The general introduction (chapter one) identifies some common themes concerning the relationship between lawyers and the literature of their profession (specifically law reports and text-books). Chapter two [originally published as 'Campbell, Espinasse and the sailors: text and context in the common law (1999) Legal Studies 526] looks at the case of Stilk v Myrick (1809) in the law of contract, of which two distinct reports survive. The case is considered in the context of the history of law reporting, to explain how two different reports of the case might be produced, and is also placed in the context of the various rules of public policy which applied in the early nineteenth century to merchant seamen and their contracts. Chapter three [originally published as 'Williams v Hensman and the uses of history' (1995) 15 Legal Studies 219] looks at the statement by Sir William Page Wood VC of the ways in which a joint tenancy might be severed in Williams v Hensman (1861), and at the ways in which his words have been interpreted by later courts. It is suggested that it is a mistake to interpret Page Wood's summary of the law as ifit were a statutory text. Chapter four [originally published as 'Easements and exclusive possession' (1996) 16 Legal Studies 51] looks at the case of Copeland v Greenhalf (1952), and at the rules which govern when a claimed right may qualify as an easement. It is suggested that a closer examination of the historical background to the case shows that the key feature in the older case-law was the certainty of the right claimed, rather than its perceived effect on the servient owner. Chapter five [originally published as 'Fixtures and chattels: a question of more or less ... ' (2004) 24 Oxford Journal of Legal Studies 597] looks at the development of the law of fixtures, with particular reference to the impact of the earliest treatise on the topic, Amos and Ferard's Treatise on the law offixtures (1827). Chapter six [originally published as 'The foundations of Elitestone (2008) Legal Studies 574], also on aspects of the law of fixtures, explores the origins of the 'threefold classification' of objects brought onto land adopted by the House of Lords in Elitestone v Morris (1997), and suggests that there may be little historical basis for this classification.
19
Stoll, Jane. "Surrogacy Arrangements and Legal Parenthood : Swedish Law in a Comparative Context." Doctoral thesis, Uppsala universitet, Juridiska institutionen, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-207549.
Full textAbstract:
Surrogacy arrangements have become an increasingly popular way for childless people to build a family. Yet many jurisdictions do not regulate surrogacy. Even in the ab-sence of surrogacy regulation, if a jurisdiction has no specific legal rules that clarify parenthood following surrogacy, the result is often uncertainty in relation to the legal parental status of the surrogate mother, her spouse or cohabitant, any possible donors, and the commissioning parents. This, in turn, leaves the surrogate-born child’s family law status uncertain. This thesis examines the legal aspects of parenthood and how it is, or could be, determined in Sweden following surrogacy arrangements. Important aims are to estab-lish whether the current national laws regulating family law can sufficiently protect the interests of the surrogate-born child and the parties to surrogacy arrangements, with an emphasis on interests connected to family law status; to examine the ways in which other jurisdictions (England and Wales, and Israel) have responded to similar issues; and to identify problems and propose alternative solutions in relation to the specific issue of establishing legal parenthood following surrogacy at a domestic level, either with or without State regulation of surrogacy agreements. Consideration is given to whether it might be appropriate to re-evaluate or qualify the existing presumptions of parenthood, in particular the unwritten presumption of maternity. Several alternatives for the transfer of legal parenthood from the surrogate mother, and her spouse or cohabitant as the case may be, to the commissioning parent or parents are also examined. In addition, the ethical implications of surrogacy ar-rangements are explored in order to provide an insight into the way in which subcon-scious or hidden values might make it difficult for a State to regulate certain areas of private life such as parenthood. The starting point for the thesis is that it is in the best interests of the child to have parents at birth and that this interest must be prioritised over an intended parent’s interest in becoming a parent. This view is based on and is consistent with existing Swedish law and policy.
20
Bakhsh, Faiz. "Humanitarian law in an Islamic context : internally displaced persons in Pakistan." Thesis, Anglia Ruskin University, 2018. http://arro.anglia.ac.uk/703777/.
Full textAbstract:
The headcount of IDPs in the world is currently 40 million, and armed conflict in Pakistan has resulted in repeated displacements for a decade, with an estimated 1.4 million IDPs needing protection from the national government, within an Islamic social and cultural context. This research explores the protection of internally displaced persons (IDPs) under International Humanitarian Law (IHL) in an Islamic context, with a case study of IDPs in Pakistan. This research applies a mixed method approach combining legal interpretation and application of the international legal framework applicable to IDPs and the relevance of Islamic Law in the context of the domestic legal structure of Pakistan. An empirical/socio-legal case study of IDPs in Pakistan uses qualitative field interviews to investigate the implementation of the legal framework applicable to IDPs. This research analyses the applicability of IHL in the presence of Sharia Laws in the domestic legal structure of Pakistan, especially on IDPs affected by non-international armed conflict. It has found a poor domestic legal framework, and poor implementation of IHL, leading to inadequate protection to IDPs. Sharia Law in the legal structure of Pakistan does not hinder IHL from providing protection to IDPs. The government of Pakistan should do more to ensure the applicability of IDPs legal framework, especially the implementation of the rules of IHL, but this is hindered by continuing armed conflict and a lack of review mechanism for the current status and number of IDPs.
21
Bakhsh, Faiz. "Humanitarian law in an Islamic context: Internally displaced persons in Pakistan." Thesis, Anglia Ruskin University, 2018. https://arro.anglia.ac.uk/id/eprint/703777/1/Bakhsh_2018.pdf.
Full textAbstract:
The headcount of IDPs in the world is currently 40 million, and armed conflict in Pakistan has resulted in repeated displacements for a decade, with an estimated 1.4 million IDPs needing protection from the national government, within an Islamic social and cultural context. This research explores the protection of internally displaced persons (IDPs) under International Humanitarian Law (IHL) in an Islamic context, with a case study of IDPs in Pakistan.
This research applies a mixed method approach combining legal interpretation and application of the international legal framework applicable to IDPs and the relevance of Islamic Law in the context of the domestic legal structure of Pakistan. An
empirical/socio-legal case study of IDPs in Pakistan uses qualitative field interviews to investigate the implementation of the legal framework applicable to IDPs.
This research analyses the applicability of IHL in the presence of Sharia Laws in the domestic legal structure of Pakistan, especially on IDPs affected by non-international armed conflict. It has found a poor domestic legal framework, and poor implementation of IHL, leading to inadequate protection to IDPs. Sharia Law in the legal structure of Pakistan does not hinder IHL from providing protection to IDPs.
The government of Pakistan should do more to ensure the applicability of IDPs legal framework, especially the implementation of the rules of IHL, but this is hindered by continuing armed conflict and a lack of review mechanism for the current status and number of IDPs.
22
Allbaugh, Alicia R. "The problem-context dependence of students' application of Newton's second law /." Search for this dissertation online, 2003. http://wwwlib.umi.com/cr/ksu/main.
Full text
23
Vasiliauskienė, Violeta. "The fight against terrorism in the context of international humanitarian law." Doctoral thesis, Lithuanian Academic Libraries Network (LABT), 2014. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2014~D_20140303_135329-20805.
Full textAbstract:
In the last decade the fight against terrorism was carried out not only by measures indicated in national criminal procedure laws or international treaties outlining measures in the fight against terrorism, but also using military forces and carrying out military measures. Thus the dissertation aims to establish when and to what extent is the international humanitarian law (hereinafter – IHL) applied in the fight against terrorism, that is, to analyze in what cases the fight against terrorism amounts to armed conflict, what is the status of terrorists taking part in the armed conflict according to IHL, and to evaluate in the light of IHL principles and rules the specific measures taken against terrorists. Firstly the dissertation analyses the question of the definition of terrorism and proposes a possible definition of this phenomenon. Further on the dissertation analyzes the instances when the IHL rules are applied in the fight against terrorism, that is, when such situation amounts to an armed conflict, and evaluates the main criteria of armed conflict – intensity and organization – and their application in the fight against terrorism. The dissertation also explores the questions of the status of terrorists taking part in an armed conflict, distinguishing those taking part in international and non-international armed conflicts, and exploring the criteria for the direct participation in hostilities for such persons. Finally, the dissertation analyzes the specific measure of... [to full text]Pastaraisiais dešimtmečiais kovą su terorizmu pradėta vykdyti ne tik pasitelkiant nacionaliniuose baudžiamojo proceso įstatymuose ar tarptautinėse sutartyse, skirtose kovai su terorizmu, numatytas priemones, tačiau ir naudojant karines pajėgas bei atliekant karinius veiksmus. Taigi disertacijoje iškeliamas tikslas nustatyti, kada ir kokiu mastu taikoma tarptautinė humanitarinė teisė (toliau – THT) kovoje su terorizmu, tai yra, ištirti, kokiais atvejais kova su terorizmu laikytina ginkluotu konfliktu, koks yra teroristų, dalyvaujančių ginkluotame konflikte, statusas pagal THT ir atsižvelgiant į THT normas įvertinti specifines kovos priemones, naudojamas kovojant su teroristais. Pirmiausiai disertacijoje analizuojamas terorizmo apibrėžimo klausimas ir pateikiamas galimas terorizmo apibrėžimas. Toliau disertacijoje vertinama, kuriais atvejais kovojant su terorizmu bus taikomos THT normos, tai yra, kada kova su terorizmu prilygsta ginkluotam konfliktui, tiriami ginkluoto konflikto intensyvumo ir organizuotumo kriterijai ir jų taikymas kovos su terorizmu situacijose. Disertacijoje taip pat tiriama, koks yra teroristų, dalyvaujančių ginkluotame konflikte, statusas pagal THT, išskiriant tarptautiniuose ir netarptautiniuose ginkluotuose konfliktuose dalyvaujančius asmenis, taip pat išsamiai išanalizuojant asmenų tiesioginio dalyvavimo ginkluotame konflikte kriterijus. Galiausiai disertacijoje tiriama specifinė kovos su terorizmu priemonė – tikslinių nužudymų, ypač naudojant... [toliau žr. visą tekstą]
24
Hatjikiriakos, Kyriakoula. "Financing the intangible : software as collateral in the North-American context." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=32804.
Full textAbstract:
In the era of information technology, intellectual property assets are gaining important value and are becoming increasingly attractive in the sphere of commercial transactions. The case of software as collateral in the context of a financing transaction brings to the surface the various issues which a lender must face when engaging in an intellectual property-based secured transaction.In the execution of such a transaction, the North-American intellectual property and secured financing legal regimes, currently in place, fail to procure the clear, certain and predictable results desired by lenders.
Whether at the initial stage of creation of a security interest on the software or in the final steps of its enforcement, these regimes do not reflect the commercial realities and necessities of the software industry, thereby increasing both challenges and risks for the lender.
The problems which the lender must face in the process of a software financing transaction will be examined through three Chapters. The first Chapter will focus on the creation and scope of a security interest on software, the second will examine its perfection and the third will address priority disputes involving competing interests in the software, as well as the enforcement of a security interest on software, both in the context of the debtor's default and in the event of its bankruptcy.
25
White, Ben. "Consultation, commissions and context : a comparative study of the Law Commission and the Australian Law Reform Commission." Thesis, University of Oxford, 2004. https://ora.ox.ac.uk/objects/uuid:3e4ac1be-ae55-40b2-8f2f-4421d0cfa243.
Full textAbstract:
This thesis compares the consultation conducted by the Law Commission ('LC') and the Australian Law Reform Commission ('ALRC'). Its first goal is to describe the process in detail, which begins with the purposes of consultation. Next, the process of consultation is described with a discussion of each of the techniques employed by the Commissions. Although there is much overlap in how the LC and the ALRC consult, they do approach the exercise differently and these differences are discussed. The description of the Commissions' consultation concludes by examining its impact. A second goal is to compare the two Commissions' approach to consultation and this comparison is aided by the development of two models: the English Commission's expert model of consultation and the Australian Commission's more inclusive model. Underpinning the comparison between the two Commissions and these different models is the intended target of the consultation exercise. It is argued that the LC's decisions are motivated by the goal of securing expertise, more than is the case at the ALRC. By contrast, the Australian Commission is influenced more than is its English counterpart by a desire to include as many consultees as possible. An important part of this comparative study is to explain why the two Commissions consult differently. The most significant reasons are the history of two Commissions, especially the role of the founding Chairmen, and the types of projects that the Commissions undertake. A third goal, albeit only a tentative one, is to suggest ways in which the Commissions could improve their consultation. These comments are scattered throughout the thesis, but one theme that emerged was that there seems to be insufficient thought given to a number of important stages in the consultation process.
26
White, Benjamin P. "Consultation, commissions and context : a comparative study of the Law Commission and the Australian Law Reform Commission." Thesis, University of Oxford, 2005. https://eprints.qut.edu.au/17521/1/c17521.pdf.
Full textAbstract:
This thesis compares the consultation conducted by the Law Commission ('LC') and the Australian Law Reform Commission ('ALRC'). Its first goal is to describe the process in detail, which begins with the purposes of consultation. Next, the process of consultation is described with a discussion of each of the techniques employed by the Commissions. Although there is much overlap in how the LC and the ALRC consult, they do approach the exercise differently and these differences are discussed. The description of the Commissions' consultation concludes by examining its impact -- A second goal is to compare the two Commissions' approach to consultation and this comparison is aided by the development of two models: the English Commission's expert model of consultation and the Australian Commission's more inclusive model. Underpinning the comparison between the two Commissions and these different models is the intended target of the consultation exercise. It is argued that the LC's decisions are motivated by the goal of securing expertise, more than is the case at the ALRC. By contrast, the Australian Commission is influenced more than is its English counterpart by a desire to include as many consultees as possible. An important part of this comparative study is to explain why the two Commissions consult differently. The most significant reasons are the history of two Commissions, especially the role of the founding Chairmen, and the types of projects that the Commissions undertake --
A third goal, albeit only a tentative one, is to suggest ways in which the Commissions could improve their consultation. These comments are scattered throughout the thesis, but one theme that emerged was that there seems to be insufficient thought given to a number of important stages in the consultation process.
27
Sinclair, Amy Laura. "Human settlement of Mars in the context of the Outer Space Treaty 1967." Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/29855.
Full textAbstract:
This mini-dissertation asks whether international law permits the human settlement of Mars. The paper is inspired by the public goal of aerospace entrepreneur and futurist Elon Musk to transport human crew to Mars within 10 years. His company SpaceX, as well as other key players in the global aerospace industry, are rapidly developing the technological capacity and business case for the exploitation of off-world resources. Human settlement of Mars is no longer confined to the realm of science fiction. It raises questions of international law that, until very recently, were dismissed as fantastic. The Outer Space Treaty (1967) has found widespread acceptance; however Arts I and II dealing with rights to ‘use’ of space and banning ‘national appropriation’ are vague. The interpretation of these sections has proved controversial in light of proposals by private companies to exploit space resources by mining asteroids. This debate informs my reflections on whether human settlement of another planet might violate the Outer Space Treaty – but it is not quite the whole story. The opinions of leading space law experts on the question of human settlement of Mars opinions are frequently sought in the popular media, especially in the aftermath of any announcement of SpaceX or Elon Musk. However, the topic is yet to be dealt with in an in-depth academic setting. The paper will address: • Chapter II: Does the establishment and conduct of a human settlement fall within the freedom of activities anticipated in Article I Outer Space Treaty? • Chapter III: Does Article I oblige settlers to share the profits (if any) of their activities with Earth? • Chapter IV: Does the establishment of the settlement constitute an appropriation within the terms of Article II Outer Space Treaty? • Chapter V: Are settlers entitled to exclude others from the settlement?
28
Wrigley, Lauren Kate. "Microcredit Regulation in South Africa: A Comparative Study of the Law in Context." Master's thesis, Faculty of Law, 2019. http://hdl.handle.net/11427/30955.
Full textAbstract:
In this dissertation I shall highlight the shortcomings of the microcredit regulations in the NCA to develop proposals that ensure that the microfinance regulatory framework is not only made sensible on paper but in practice. Furthermore, it is hoped that these proposals will reflect a prosperous reality for South Africa’s socio-economic context, at present and in the future. Through analysing South Africa’s unique context, and drawing on experiences of the microcredit industry in Bangladesh (a similar developing country), I shall contribute to South Africa’s policy framework in making recommendations on amendments. These recommendations will support the objective of giving effect to the aims of the NCA relating to equally accessible and responsible credit and in ensuring that the social and economic welfare of South African citizens are advanced. Research into this topic is essential for two reasons: The first reason is that it is a necessary contribution to the literature on microfinance in South Africa. Not only will this dissertation focus on highlighting all the main aspects of microcredit regulation in South Africa, but it will also tell a cohesive story from the introduction of microcredit regulation to present-day recommendations on the improvements of such. The second reason is that this dissertation will contribute to policy reform in South Africa, intended to be a feed for further research and action on creating amendments to the microcredit policy framework. In sum, this dissertation will have both theoretical and practical significance.
29
Wahlberg, Jenny. "Rebel courts : the legality of courts established by non-state actors in the context of NIAC." Thesis, Stockholms universitet, Juridiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-150089.
Full text
30
Triano-López, Manuel. "The attitude-behavior relationship in the context of lexical purification." [Bloomington, Ind.] : Indiana University, 2005. http://wwwlib.umi.com/dissertations/fullcit/3177638.
Full textAbstract:
Thesis (Ph.D.)--Indiana University, Dept. of Spanish and Portuguese, 2005.Title from PDF t.p. (viewed Dec. 8, 2008). Source: Dissertation Abstracts International, Volume: 66-05, Section: A, page: 1745. Director: Albert Valdman.
31
Fairclough, Thomas. "The Human Rights Act 1998 in constitutional context : the common law, the rule of law, and human rights." Thesis, University of Cambridge, 2019. https://www.repository.cam.ac.uk/handle/1810/285494.
Full textAbstract:
The Human Rights Act 1998 (HRA) is seen as a landmark piece of constitutional legislation that brought about many legal and political changes in the United Kingdom's human rights architecture. Yet the HRA is vulnerable to repeal; successive governments have promised to repeal or otherwise alter the HRA. In this climate, the Supreme Court has instructed counsel to argue common law rights first, with the HRA there to supplement and fill the gap on the occasions where the common law does not go as far as the HRA. The logical conclusion of this is that the Supreme Court, or at least some Justices, think that the common law adequately protects rights to a level near, if not the same as, the HRA does; the results of arguing the common law will often be the same as those resulting from reliance on the HRA. The academic commentary regarding these judicial statements has been far from enthusiastic. The consensus is that common law rights do not go as far as the HRA in terms of their width, that the enforcement mechanisms lack rigour compared to s 3 HRA and the proportionality principle, and that they are vulnerable to legislative override. Therefore, a loss of the HRA would be a loss for the legal protection of rights. This thesis disputes the conclusion stated in the foregoing paragraph. It argues that one has to view the vectors against which one can measure the potency of common law rights through the lens of the rule of law. This principle, the controlling factor in the constitution, promises protection against arbitrary behaviour by state actors because it embodies the value of equality of concern. Once this is appreciated, an entirely new dimension of common law rights becomes apparent; the reach of rights, their rigour of protection, and their constitutional resilience are revealed to be much stronger than orthodoxy suggests.
32
Ten, Berge Susanne Francijna Maria. "Employer's prerogative in the context of outsourcing." University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&.
Full textAbstract:
This research paper investigated whether there are any limitations or restraints in the Labour Relations Act 66 of 1995, which possible keeps an employer from outsourcing functions or parts of a business to a third party.
33
Glass, Kathleen Cranley. "Elderly persons and decision-making in a medical context : challenging Canadian law." Thesis, McGill University, 1992. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=39315.
Full textAbstract:
The subject of this thesis is the investigation and critical evaluation of how Canadian legal institutions approach substitute decision-making in the particular context of making medical choices for incompetent elderly persons. Underlying the inquiry is an acknowledgment of the right of competent persons to have their autonomy recognized and the duty to protect from harm those with reduced competence. Statutes, case law and custom are examined to determine how well they serve older persons when choices concerning medical treatment and participation in research protocols are required. The adequacy of current Canadian law relating to informed consent to medical treatment and competency assessment is evaluated in light of the special characteristics of elderly persons. Recent and proposed law reforms are examined for their appropriateness in addressing the questions of who should make substitute decisions for incompetent persons and how these decisions should be made. The three foremost criteria used as the basis for making substitute decisions--best interests, substituted judgment and advance directives--are analyzed. A final proposal is made that would redefine the notion of a person's "interests", allowing us to view the criteria for substitute decision-making not as competing, but as complementary, the appropriateness of each varying with the situation in question. Ethical principles have been employed both as a critical framework for assessing the fairness and acceptability of particular laws and as complementary to these laws, since law by its nature can never be crafted to address adequately every question we may pose.The statutes, case law and legal literature referenced in this thesis are up to date as of December 25, 1991.
34
Nicholson, C. "Law and the estates : the Bohemian land ordinance of 1500 in context." Thesis, University College London (University of London), 2013. http://discovery.ucl.ac.uk/1405396/.
Full textAbstract:
This thesis examines the way in which members of the Bohemian estates showed their epistemology and claimed authority for the legal provisions they used in legal texts in the late fifteenth and early sixteenth centuries. Moreover, this thesis has a supplementary comparative element aimed at placing Bohemian laws and institutions in a broader European context. The thesis looks in particular at three legal texts from the Jagiellonian period (1471-1526) in Bohemian history. The three texts under consideration here are the 1500 Land Ordinance (Vladislavské zrízení zemské), the St. Wenceslas Day Agreement of 1517 (Svatováclavská smlouva), and the 1524 Ordinance Concerning Handguns (Zrízení o rucnicích). The 1500 Land Ordinance is particularly noteworthy, for it was Bohemia’s first authoritative law code. The St. Wenceslas Day Agreement of 1517 aimed at ending a long running conflict between the kingdom’s nobles and burghers. The 1524 Ordinance Concerning Handguns was an effort to control, rather than ban, the use of handguns in the kingdom. This thesis explores the techniques the drafters of each document employed to show that, when they looked back to customary provisions, they were using accepted and valid law. We also examine how consistently the drafters used authenticating apparatus to draw attention to the fact they were using laws that were already part of Bohemia’s legal architecture.
35
Boll, Alfred Michael. "Multiple nationality the context and significance of state practice in international law /." Connect to full text, 2003. http://hdl.handle.net/2123/1540.
Full textAbstract:
Thesis (S.J.D.)--Faculty of Law, University of Sydney, 2003.Title from title screen (viewed 21st January, 2009) Submitted in fulfilment of the requirements for the degree of Doctor of Philosophy to the Faculty of Law, University of Sydney. Bibliography: leaves 356-396. Also available in print form.
36
Hubin, Cécile. "Negotiating the protection of culture in a free trade context." Thesis, McGill University, 1998. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=21685.
Full textAbstract:
In the present context of increase and liberalization of commercial exchanges, the traditional involvement of the state in the cultural sector is called into question. The negotiation and implementation of free trade agreements have met with the resistance of a number of countries, preoccupied with the potential consequences that the massive penetration of foreign symbolic products on their territory could have on their cultural identity and anxious to retain their power to regulate trade in cultural goods and services.This Thesis discusses the place of culture within the World Trade Organization, the European Union and in the North American Free Trade Agreement. This analysis attempts to describe the negotiation techniques and strategies used by states to keep their cultural policies from falling within the free trade agreements' purview. This Thesis also describes the agreements' specific provisions that translate the achieved compromises and tries to show the tensions resulting from the difficulties to reconcile the cultural and economic objectives of nations.
37
Giliker, Paula Rosalind. "Bases of liability in the pre-contractual context : an examination of English and French law." Thesis, University of Cambridge, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.319427.
Full text
38
Muraguri, Lois. "The role of intellectual property in agricultural public-private partnerships in the context of development." Thesis, Queen Mary, University of London, 2010. http://qmro.qmul.ac.uk/xmlui/handle/123456789/482.
Full textAbstract:
Food insecurity is an important global problem severely affecting developing countries, particularly those in Asia and Africa. Agricultural research in developing countries is characterised by the following tension: the private sector has plenty of applied research skills and experience but these are primarily used for commercial gain; the public sector has excellent research but the research is often not applied. Agricultural public private partnerships are currently acclaimed as a means of redressing this tension through optimising the complementary synergies between the two sectors in order to address food security. Private sector involvement in agriculture, including public private partnerships (PPPs) has increased in the past two decades as has the use of intellectual property rights (IPRs) in agriculture research. The two sectors have differing and sometimes conflicting perspectives on IP as a concept and in the strategies used to manage intellectual property. IPRs have the potential to enhance or hinder the achievement of a partnership’s objectives. This thesis investigates whether, to what extent and in what ways IP is relevant to food security oriented PPPs. It uses two case studies in India and Kenya involving two centres in the Consultative Group on International Agriculture Research (CGIAR) to locate the role that IP plays in the formation and execution of food security oriented PPPs in the context of development. It argues for a bespoke analysis of PPPs as the preferred means through which the impact and effect of factors such as IPRs can be meaningfully examined. It finds that the relevance of IP to food security oriented PPPs in developing countries is determined by two factors: the nature of the technology used in the partnership and the stage of the partnership.
39
Moitui, Charles Otuke. "Implementation of the precautionary approach in the regulation of genetically modified organisms: an African context." Doctoral thesis, University of Cape Town, 2011. http://hdl.handle.net/11427/12019.
Full textAbstract:
Includes abstract.Includes bibliographical references.
This thesis critically examines the regulation of genetically modified organisms (GMOs) in the selected countries of South Africa, Kenya, Zambia and Namibia. It investigates whether a jurisprudence may be developed through the implementation of the precautionary approach. This should be done in such a manner as to enhance the credibility of their biosafety legislation, but still promote biotechnology, with a view of possible replication across Sub-Saharan Africa (SSA).
40
Björkquist, Cornelia. "States’ Possibilities to Guarantee Fair Trial Rights in the Context of Security Council Targeted Sanctions." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-69340.
Full text
41
Turamwishimiye, Marie Rose. "Reconciling biodiversity conservation and agricultural development in the context of international and domestic law in Rwanda." Doctoral thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/16790.
Full textAbstract:
Includes bibliographical referencesThis thesis explores the tensions between biodiversity conservation and agricultural development in a legal context in Rwanda, a small and poor African developing country. It does so against the backdrop of relevant international conventions, the relatively recent constitutional dispensation in the country as well as the land reform process which has been underway in the country over the last few decades. Partly based on the findings of an empirical study, the core of the work outlines, examines and critically assesses relevant domestic Rwandan policies, laws and institutions focusing on areas of particular concern namely the laws applicable to the conservation of soil, water and genetic resources in agriculture, including conservation of crop and livestock diversity. The conclusions and recommendations are embedded in the need for policies, laws and institutions to accommodate the increase in agricultural production to eradicate hunger, alleviate poverty as well as recognition of the interlinkages between agricultural development and biodiversity conservation. The study concludes that Rwandan laws are inadequate in that they have been disparately and inefficiently developed, that agricultural development and biodiversity policies be revised to aim at sustainable agricultural development and that a coordinated institutional framework with full involvement of all concerned stakeholders and appreciation of local knowledge and sustainable agricultural practices is required. Specific legal, policy and institutional shortfalls are highlighted including lack of implementing regulations; omission of necessary legislative provisions on key areas in the biodiversity and agricultural sectors and others. The work concludes by making specific recommendations and proposals to reconcile the need to promote agricultural development while facilitating biodiversity conservation and ultimately sustainable development.
42
Pelletier, Anne-Barbara. "Understanding the concept of asset securitization in the Canadian context." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78225.
Full textAbstract:
This thesis has been written to provide the reader with a general understanding of a securitization transaction. It should be considered constructive reading for persons engaged in the practice of Canadian corporate, banking and securities law, the financial services industry as well as corporate officers who wish to expand their knowledge on the topic of structured finance. The following describes the primary participants and basic components involved in a securitization transaction and discusses how each comes together to result in the issuance of asset-backed securities. Further, this thesis provides an analysis of each step and aspect that is necessary to structure a securitization transaction. Securitization involves a multitude of legal, accounting and tax issues, and this thesis concentrates on the most central of such issues. Lastly, this thesis concludes with some insight into what the future holds for the securitization market.
43
Rasyid, Amhar. "Some Qurʾānic legal texts in the context of Fazlur Rahman's hermeneutical method." Thesis, McGill University, 1994. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26318.
Full textAbstract:
This thesis is an attempt to analyze Fazlur Rahman's hermeneutical method: his theory of the divine revelation of the Qur'an and its application to the case of zakat (alms) and riba (usury) in particular. Rahman's theory is firmly in touch with reality and he proposes a well-argued system of Qur'anic methodology. Theoretically, he seeks to determine the general principles behind the Qur'anic legal texts, since the latter were contextualized by time and place while the former are universal and eternal. Practically, Rahman calls Muslims to an intellectual jihad in the effort to reformulate the Qur'anic legal injunctions on social matters in order to solve the problems of the present. Rahman sees the long-standing ad hoc solutions, such as those of the traditionalist Muslims, as unworkable due to their piecemeal treatment of the Qur'anic teachings.The thesis then explores Rahman's proposal for hermeneutical philosophy particularly of Gadamer and Emilio Betti. It attempts to show that Rahman's use of the notion of 'effective history' to understand the 'mind' of the Prophet in formulating the Qur'anic laws leads him to subjectivism. For one thing, he judges the Prophet's mind from the present century when rationality and technology play a dominant role. Besides, laws in the Qur'an are explained in terms of their socio-economic background. Consequently, the thesis comes to the conclusion that Rahman's hermeneutics are lacking in theological considerations and the legal intentions of the Qur'an are secularized.
44
Ahnert, T. "Christian Thomasius' theory of natural law in its religious and natural philosophical context." Thesis, University of Cambridge, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.595399.
Full textAbstract:
The subject of my PhD thesis is the natural law theory of the German Enlightenment jurist and philosopher Christian Thomasius (1655-1728) in its religious and natural philosophical context. In the intellectual history of Germany Thomasius is held to be a crucial figure in the transition from the Baroque to the Enlightenment. Although the interpretations of his work differ in detail, the consensus is that his work reflects the emancipation from antiquated, scholastic and religiously determined modes of thought to a more recognizably modern, even secular outlook in German intellectual life. Thomasius' thought is perceived as an advance towards the later development of the Enlightenment in the eighteenth century. Central to my interpretation of Thomasius' thought, however, is the emphasis on his religiously rather than on any elements of modern rationalism, which have been seen to be present in his thought. The aim of my thesis is thereby to reverse the dominant perspective on Thomasius' thought and set him in his specific historical context of seventeenth-century intellectual traditions, in which religion is of central importance. The research I have accomplished shows that Thomasius' thought represents part of a strand of spiritualist Christianity which was a prominent feature of seventeenth-century German religious culture. This has received too little attention in secondary literature, although it is critical to understanding his thought as a whole. Thomasius' concern with religious questions was a response to political and religious controversies between Calvinists and Lutherans and between different factions of the Lutheran church in Saxony, Brandenbury and the duchy of Magdeburg between about 1688 and 1700, especially over the nature of ecclesiastical discipline. Thomasius' religiosity ties together what appear at first to be widely disparate, unrelated interests in natural jurisprudence and moral philosophy, the nature of faith and the Christian church, ecclesiastical history, natural science and Roman Law.
45
Zahn, Rebecca Lisa. "German and British labour law in a European context following European Union enlargement." Thesis, University of Edinburgh, 2011. http://hdl.handle.net/1842/5623.
Full textAbstract:
This thesis examines and compares German and British trade union responses in a European context following the recent European enlargements which are unprecedented in the history of the European Union. In terms of labour law, a majority of the ten Central and Eastern European countries which acceded in 2004 and 2007 combine weak domestic labour protection systems with a high proportion of workers and enterprises keen to take advantage of their free movement rights under the European Treaty. This has created a climate of fear amongst workers and trade unions in old Member States that their economic and social position is being threatened by those workers and enterprises who may avail themselves of their rights under the Treaty in order to engage in ‘social dumping’. Historically, the European Union has sought to counteract these fears by ‘europeanising’ certain aspects of national legal systems in order to alleviate competition. However, the ‘europeanisation’ of different labour law systems has always proved problematic due to the socio-cultural context within which national labour laws have developed. Following the recent European enlargements, the debate on the role of the EU in ‘europeanising’ national social and legal practices has been revived. In particular, European enlargement has thrown up changed regulatory and opportunity structures for the social partners. These structural changes at a European level have occurred primarily as a consequence of an increase in the free movement of workers, services and establishment. Against this background, the purpose of this thesis is to undertake a comparison of the responses of German and British trade unions to the challenges posed by the recent European enlargements. A successful comparison and analysis of the responses of trade unions enables a determination of the impact that trade union responses may have on new Member State workers availing themselves of their free movement rights under the EU Treaty. There is an intense debate as to how, and if, social partners at a national and European level may be able to contribute to, or hinder, the protection of new Member State workers in Germany and the UK. Depending on how trade unions respond their contribution may be viewed as positive or negative. However, this thesis yields suggestions as to how trade unions could respond in order to facilitate the integration of new Member State workers into the host labour markets and proposes a new model for studying aspects of europeanisation.
46
Davidsson, Louise, and Sara Thulin. "The Legal Status of Domain Names : A Business Context." Thesis, Jönköping University, JIBS, Commercial Law, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-1089.
Full textAbstract:
Domain names are still a relatively unknown occurrence and despite being a natural part in
most people’s every-day life, there are few who reflect over their importance. The original
function of domain names was merely to serve as technical addresses and to facilitate the
locating of websites on the Internet. Today domain names are much more than this. In
addition to the address function, domain names may also serve as indications of goods,
services, businesses or information. The domain name is usually the first contact one gets
with a website and it has become crucial for businesses to have their company name or
trade marks registered as domain names. The issue of the legal status of domain names has
mainly been discussed from an American point of view and in Sweden this discussion has
almost entirely fallen under the radar. If the legal status of a domain name were clear, it
would be easier for businesses to avail themselves of the value of that domain name. It
would possibly even contribute to strengthening the legal protection for the domain name
holder, in for example insolvency or bankruptcy procedures.
Intellectual property exists in many different forms, the main being patents, trade marks,
copyright and design rights. Although there are many differences between them, they all
have in common that they establish property protection over intangibles such as ideas,
inventions, signs and information. As a domain name is not a physical object, there can be
no doubt that it is an intangible. The question is whether it is property. Intellectual
property is not a static area and it can, in line with societal and technological development,
be expanded to include new types.
The legal status of domain names is generally discussed in the light of the close connection
they have with trade marks. Except from their original function, the trade mark function of
domain names can probably be considered as one of the most commonly accepted. It is
indicated in this thesis that that function contributes to that a domain name can be
considered as a distinctive sign and thereby obtain protection, in the same way as an
unregistered trade mark.
According to current accounting rules, businesses may, to some extent, avail themselves of
the value of a domain name. Domain names are under certain circumstances identified as
intangible assets and even as ‘similar rights’ to for example trade marks and patents in
accounting and taxation situations.
At this time it is not possible to legislate on the area of the legal status of a domain name
on a Community level, as this most likely would have to include a consideration of the
existence of property rights and consequently fall outside the legislative powers of the
Community.
Both the legal development and the legal discussions on the topic of the legal status of
domain names in Sweden have been relatively sparse. Nonetheless, there have been some
interesting opinions.
By investigating what positions the different authorities, academics and practitioners have
taken on the legal status of domain names it can be concluded that the prevailing opinion
in Sweden is that domain names are not considered as property. The reason for this seems
to be that domain names as such, are in fact no more than technical constructions and that
by registering a domain name the registrant only becomes the holder of a contractual right.
However, there are some diverging opinions which could suggest that the legal status of
domain names in Sweden is not yet settled. The aspects which are then taken into
consideration include that domain names have developed to become important and
valuable assets for an increasing number of businesses. A domain name is a precondition
for the creation of a website and therefore of crucial importance for, in particular, online
based businesses. However, they are of increasing importance for all businesses to reach
out to and compete over the same customers.
It is advocated that the fact that domain names are freely traded with indicates that domain
names are property. It has also been questioned whether an asset with a true economic
value, such as a domain name, can exist without being considered as an item of property.
The steps taken in other jurisdictions have shown that the legal status of domain names is
not even clear in some of the countries with the greatest experience of domain names.
Nonetheless, the legal status is given attention in those countries and the discussion has
been initiated. In general, it can be concluded that the development seems to go toward
higher awareness of the value of domain names.
47
Verheijen, Eefje Antonius Marie. "Nederlandse strafrechtelijke waarden in de context van de Europese Unie : naar een beoordelingsschema ter waarborging van karakteristieken van materieel strafrecht in de Europese rechtsruimte /." Nijmegen : Wolf, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/52374319X.pdf.
Full text
48
Ackerman, Eileen. "Microinsurance in the context of social protection : overcoming the barriers of economic growth and development." Diss., University of Pretoria, 2020. http://hdl.handle.net/2263/78866.
Full textAbstract:
Many South Africans, especially those with low incomes, remain excluded from the formal financial services and products market, ironically so, as these low-income households are more exposed to unforeseen economic shocks and being unable to recover from the unexpected financial impact thereof. Low-income households live in more risky environments and are vulnerable to numerous financial threats. They are also the least able to cope when a crisis present itself as they are the least likely to have any savings to deal with these crises. Vulnerability and poverty causes a downwards spiral of misfortune when reinforcing each other.
Microinsurance has been considered as the next revolution in addressing the vulnerability and risk of low-income households in developing countries such as South Africa. Huge investments have been made by development agencies in an attempt to break the circle of poverty by offering reliable protection to the poor.
A well-designed regulatory framework is important for the efficient and effective provision of microinsurance. Significant steps have been taken in an attempt to formalise the insurance sphere and to make provision for microinsurance. The question now arises, will microinsurance be a useful tool to include the low-income market in to the financial insurance industry and will microinsurance be profitable for insurers, taking in to consideration the cost and expenses of insurers due to over regulation and requirements by various legislation versus the applicable caps prescribed in the policy framework for microinsurance products?Mini Dissertation (LLM (Insurance Law))--University of Pretoria, 2020.
Ubuntu-Batho Community Development Trust, an organisation established by Mr Patrice Motsepe and his partner Dr Johan van Zyl
Mercantile Law
LLM (Insurance Law)
Unrestricted
49
Oghenevo, Ovie Akpomiemie Michael. "The social context of business and the tax system in Nigeria : the persistence of corruption." Thesis, London School of Economics and Political Science (University of London), 2017. http://etheses.lse.ac.uk/3711/.
Full textAbstract:
This thesis examines the means by which corruption sustains itself in the relationship between business and the tax system. It is predicated on a desire to understand the possibility of sheltering the relationship from corruption and other similar societal challenges. It relies on the intuition that certain structural elements of this relationship permit the infiltration and sustenance of corruption. With the aid of both qualitative and quantitative data obtained from empirical research in Nigeria, it constructs a model that exposes these structural elements. This thesis argues that a ‘two-way relationship’ between businesses and the tax system not only exists but is anchored in the interaction between the actors (businesses, tax policymakers, tax law-makers, tax administrators and tax arbiters) that represent both institutions. It explores four mechanisms (‘access’, ‘awareness’, ‘distortion’ and ‘inaction’) that affect the interaction and consequently the relationship between business and the tax system. It also addresses the difficulty in defining corruption by adopting a process definition of this phenomenon. In this definition, the tag ‘corruption’ applies where an act or state of affairs and the gain derived therefrom breach the expectations of the legal, economic, political or moral dimension of a given society. This thesis then argues that corruption sustains itself in the two-way relationship by exploiting a ‘power gap’ between the actual and institutional powers of actors in the said relationship. It defines the ‘institutional power of actors’ as that which accords with the institutional limits of their social setting. An actor’s ‘actual power’, in contrast, refers to that which the actor may exercise in any given circumstance. This power gap is potentially increased or decreased by the levels of the four mechanisms in the relationship. Therefore, any real effort to tackle corruption in the relationship between businesses and the tax system must seek to address these four mechanisms in a manner that limits the power gap and opportunities for corruption. The concept of the power gap and its four mechanisms is a novel approach to understanding and tackling corruption. It aspires to support the design of tax systems with the capacity to adequately balance competing interests, especially in countries where corruption is endemic.
50
Christofi, Despina. "Effective judicial protection of bank depositors during the financial crisis and arbitration in an EU context." Thesis, University of Central Lancashire, 2018. http://clok.uclan.ac.uk/24012/.
Full textAbstract:
It is generally assumed that the EU law regime excludes arbitration from its scope, since issues of EU law must be resolved within the EU legal order, according to the wording of the Treaties and the case law of the CJEU. It is also assumed that courts offer adequate and effective protection to litigants, thus arbitration does not make any further contribution to parties. This thesis challenges these ontological assumptions, using the case of bank depositors, and aims to investigate whether courts within the EU protect bank depositors effectively or whether arbitration would offer further protection. For this purpose, the nature of bank deposits is considered, and the approach of courts and arbitrators towards depositors are comparatively analysed, based on effectiveness of protection, as the appropriate tool of assessment. The findings of this examination lead to the final research question regarding the role, if any, of arbitration within the EU legal order and the relationship between arbitration and litigation, in particular within the context of the global financial crisis. Thus, the central argument of this thesis is that, if it is accepted that arbitration does have a place in the EU legal order, and based on the argument that bank deposits qualify as investment, bank depositors can enjoy the protection offered by international investment arbitration, which can protect them more effectively than litigation The originality of this work centers around three points. Firstly, this thesis aims to use the principle of effectiveness in a substantial sense rather than its procedural meaning, considering whether individuals do not only access the justice, but also being remedied effectively. Secondly, this thesis argues that bank deposits can be treated as investment, thus depositors could enjoy further protection offered by investment law. Finally, the thesis supports that the EU law regime does have some place available for arbitration, albeit its traditional exclusion, especially during the particular period of the financial crisis.