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Dissertations / Theses on the topic 'Analysis of the future law regulations'
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Echaiz, Moreno Daniel, and Moreno Sandra Echaiz. "Tax Avoidance: Critical Analysis of Current Regulations and Proposals for a Future Reform." Derecho & Sociedad, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/117810.
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This paper describes and analyzes the configuration, the normative regulation and assumptions of tax avoidance and its differentiation from tax evasion, current regulations on matters related to tax avoidance, disputes relating to this figure due supported, the impact of international tax avoidance through tax havens figure, the way our country aims to combat this figure and finally propose suggestions for improving the anti-elusive regulations in order not to infringe against the taxpayer and any proper legal regulation.En el presente ensayo se exponen y analizan la configuración, la regulación normativa y los supuestos de la elusión tributaria, así como su diferenciación con la evasión tributaria, la normatividad actual sobre materias vinculadas a la elusión tributaria, las controversias en relación a esta figura debidamente sustentadas, el impacto de la elusión tributaria a nivel internacional a través de la figura de los paraísos fiscales, la manera cómo nuestro país pretende combatir esta figura y, finalmente, planteamos propuestas de mejora a la normatividad anti-elusiva a fin que no se atente contra el contribuyente y exista una adecuada regulación jurídica.
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Elliott, Katherine Louise. "An analysis of the Federal wetlands regulations influencing construction development." Thesis, Georgia Institute of Technology, 1998. http://hdl.handle.net/1853/21437.
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Demyanek, Mark Louis. "An analysis of United States asbestos regulations and policies." Thesis, Georgia Institute of Technology, 1989. http://hdl.handle.net/1853/29586.
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Aleid, Mohammed S. "A critical analysis of investor protection under Saudi Stock market regulations." Thesis, University of Essex, 2018. http://repository.essex.ac.uk/22110/.
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As the government of Saudi Arabia begins a major evolutionary process of economic expansion, the Saudi stock market has become the focus of increased attention. The legal framework that regulates the stock market is still considered to be underdeveloped, as only recently, in 2003, did the Saudi legislator issue a Capital Market Law (2003) and create a regulatory body vested with its enforcement. The securities market was built around this legislation, which helped to stimulate the economy by attracting investor. However, the Saudi stock market experienced a big crash in February 2006, which had a profound impact in heavy losses for large and small investors. The practical application of these new laws brought to light some shortcomings in the regulations of the stock market, and specifically, the need for the legal protection of investor. Hence, the overarching aim of this thesis is to focus particular on four issues: on the question of whether or not the existing regulations of the Saudi stock market adequately protects investor from poor disclosure, insider trading and market manipulation induced partly by market brokers. Thus, there are four primary objectives of this thesis: to enhance the effectiveness of existing rules to secure a suitable level of protection for investor against poor disclosure, market abuse and illegal practices by broker; to increase investor confidence and attractiveness of the market; to prevent a future repeat of the stock market collapse and avoid the steps that caused it; and finally, to provide useful material for Saudi Capital Market Law (2003) reforms in the future. In order to examine these sensitive issues, the thesis will first examine whether or not the disclosure regulations of the Saudi stock market provide adequate protection to investor and secondly assess the effectiveness of the legal framework of insider trading regulations for preventing insider trading. Third, it will ascertain how well the the law defines market manipulation and covers the most common forms of market manipulation under Saudi securities law. Lastly it will explore the responsibility that brokers in the Saudi stock market have to achieve the greatest degree of protection for investor.
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Ombella, John S. "Benefit sharing from traditional knowledge and intellectual property rights in Africa: "an analysis of international regulations"." Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_8927_1213866323.
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This thesis was written in the contemplation of the idea that, it is only through protection of the traditional knowledge in African local societies where these societies can rip the benefit of its commercialization and non-commercialization. It was thus centered on the emphasis that, while the African countries are still insisting on the need to have amendments done to the TRIPS Agreement, they should also establish regulations in their domestic laws to protect traditional knowledge from being pirated. This emphasis was mainly raised at this time due to the wide spread of bio-piracy in African local societies by the Western Multinational Pharmaceutical Corporations.
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Gong, Hongbing <1967>. "The abuse of intellectual property rights and regulations in China: a law and economic analysis." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2011. http://amsdottorato.unibo.it/3903/.
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From the institutional point of view, the legal system of IPR (intellectual property right, hereafter, IPR) is one of incentive institutions of innovation and it plays very important role in the development of economy. According to the law, the owner of the IPR enjoy a kind of exclusive right to use his IP(intellectual property, hereafter, IP), in other words, he enjoys a kind of legal monopoly position in the market.
How to well protect the IPR and at the same time to regulate the abuse of IPR is very interested topic in this knowledge-orientated market and it is the basic research question in this dissertation.
In this paper, by way of comparing study and by way of law and economic analyses, and based on the Austrian Economics School’s theories, the writer claims that there is no any contradiction between the IPR and competition law. However, in this new economy (high-technology industries), there is really probability of the owner of IPR to abuse his dominant position. And with the characteristics of the new economy, such as, the high rates of innovation, “instant scalability”, network externality and lock-in effects, the IPR “will vest the dominant undertakings with the power not just to monopolize the market but to shift such power from one market to another, to create strong barriers to enter and, in so doing, granting the perpetuation of such dominance for quite a long time.”1 Therefore, in order to keep the order of market, to vitalize the competition and innovation, and to benefit the customer, in EU and US, it is common ways to apply the competition law to regulate the IPR abuse. In Austrian Economic School perspective, especially the Schumpeterian theories, the innovation/competition/monopoly and entrepreneurship are inter-correlated, therefore, we should apply the dynamic antitrust model based on the AES theories to analysis the relationship between the IPR and competition law.
China is still a developing country with relative not so high ability of innovation. Therefore, at present, to protect the IPR and to make good use of the incentive mechanism of IPR legal system is the first important task for Chinese government to do. However, according to the investigation reports,2 based on their IPR advantage and capital advantage, some multinational companies really obtained the dominant or monopoly market position in some aspects of some industries, and there are some IPR abuses conducted by such multinational companies. And then, the Chinese government should be paying close attention to regulate any IPR abuse. However, how to effectively regulate the IPR abuse by way of competition law in Chinese situation, from the law and economic theories’ perspective, from the legislation perspective, and from the judicial practice perspective, there is a long way for China to go!
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Yodlowski, Shane. "Alien Tort Statute: A Discussion and Analysis of the History, Evolution, and Future." Honors in the Major Thesis, University of Central Florida, 2014. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/1657.
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The Alien Tort Statute is a short, thirty-two word section of the United States Code enacted in 1789 as part of the Judiciary Act. The Alien Tort Statute, or ATS, has an uncertain and controversial beginning and remains controversial in current jurisprudence. The ATS reads as follows: “The district courts shall have original jurisdiction of any civil action by an alien for
a tort only, committed in violation of the law of nations or a treaty of the United States." It is my intent for this thesis to be an academic discussion of the mysterious history, intent, and court cases that have evolved the ATS; and the way in which the evolution took place. Having lain dormant for almost two decades, it is important to understand how the ATS was finally utilized and how this affected the statutes ability to become a tool for human rights persecution abroad; until the decision in Kiobel v. Royal Dutch Petroleum. Examining the language of two opinions by the District Court of the Second Circuit and the Supreme Court in Kiobel we will be able to understand, but reject, the arguments of both these courts.B.A.
Bachelors
Legal Studies
Health and Public Affairs
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Chongwatpol, Jongsawas. "Analysis of waste electrical and electronic equipment (WEEE) in Thailand and implementation of risk management plan to comply with future WEEE regulations." Menomonie, WI : University of Wisconsin--Stout, 2004. http://www.uwstout.edu/lib/thesis/2004/2004chongwatpolj.pdf.
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Páč, Lubor. "Analýza možností zkvalitnění služeb v oblasti zprostředkování obchodu s nemovitostmi v podmínkách České republiky." Master's thesis, Vysoké učení technické v Brně. Ústav soudního inženýrství, 2013. http://www.nusl.cz/ntk/nusl-232752.
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The aim of this diploma thesis is to analyse development in arranging of the real estate transactions in the Czech Republic after 1989 and describe contemporary condition. Contemporary condition was analysed as unsatisfactory. There does not exist any law that would regulate real estate market, neither is there a duty to proof a professional training or ability for the business. Real estate agencies do not have a good reputation in the Czech Republic and with many citizens they are unfavourable. As a reaction upon contemporary unsatisfactory situation, the Economic Bureau of the Czech Chamber of Deputies elected an operative group that is supposed to maintain a survey of the contemporary situation in the real estate market and suggest possible solutions. This work aims also to analyse the suggested solutions and to supply solutions that would be missing.
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Wojtyla, Natalia. "Double taxation and double non-deductibility of losses : impediments to the freedom of establishment : an analysis of the regulations and practices in the UK and Poland." Thesis, University of Glasgow, 2017. http://theses.gla.ac.uk/8681/.
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This thesis addresses the question of the implementation of the freedom of establishment (Article 49 Treaty on the Functioning of the European Union) in two EU member states with particular emphasis on impediments to the freedom. It is argued that despite a very long-standing and clear legal prohibition on restrictions to the freedom of establishment, there remain many practical obstacles which inhibit the right. This thesis’ hypothesis is that double taxation and double non-deductibility of losses constitute hurdles to a complete freedom of establishment. As far as the methodology is concerned the approach chosen to test the hypothesis is as follows: first to set out a theoretical framework based on the non-Discrimination principle, the basic principles of the freedom of establishment right and the exemptions to that right. Then, right of freedom of establishment is tested as against the practice in three ways, each considered in a chapter: the requirement of the nationality prerequisite; the double taxation of companies operating in more than one EU member state; and the practice of double non-deductibility of losses. The research is inspired by the case study of an author’s businesses, SMEs who trade cross-border in the United Kingdom (UK) and subsequently in Poland. From a study of the implementation practices of both the UK and Poland this thesis suggests that the following form serious restrictions: double taxation and non-deductibility of losses. Moreover, case law and existing literature identify taxation as a core impediment to the exercise of the freedom of establishment as taxation matters deter companies from relocating their whole business. This thesis examines how to balance the freedom of establishment and the tax powers of the EU member states. Taxation also plays a fundamental role in the development of the EU’s internal market. The thesis seeks a pragmatic solution which might be implemented effectively without resorting to substantial international harmonization.
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Suhr, Petronella. "The Revised Chapters I-III of the OECD Transfer Pricing Guidelines : A Comparative Analysis of the Changes and the US Transfer Pricing Regulations." Thesis, Internationella Handelshögskolan, Högskolan i Jönköping, IHH, Rättsvetenskap, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-14554.
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Green, Prioleau. "An analysis of the requirements and potential opportunities for the future education of law enforcement intelligence analysts." Thesis, Monterey, Calif. : Naval Postgraduate School, 2008. http://bosun.nps.edu/uhtbin/hyperion-image.exe/08Mar%5FGreen.pdf.
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Thesis (M.A. in Security Studies (Homeland Security and Defense))--Naval Postgraduate School, March 2008.Thesis Advisor(s): Woodbury, Glen. "March 2008." Description based on title screen as viewed on May 1, 2008. Includes bibliographical references (p. 141-153). Also available in print.
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Ekkayokkaya, Tanaphot. "Analysis of the legality of 'reverse engineering' of computer programs under the copyright designs and patents act 1988 : an approach for the future." Thesis, University of Southampton, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.273990.
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Gibson, Dana M. "State Authority versus Citizens’ Rights: An Analysis of Police Use of Deadly Force Regulations and their Implications for Ferguson." Scholarship @ Claremont, 2015. http://scholarship.claremont.edu/cmc_theses/987.
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The recent shooting of unarmed teenager Michael Brown by police officer Darren Wilson in Ferguson, Missouri rekindled the age-old debate of how the authority of the state to enact the law and guard public safety, specifically in terms of police use of deadly force, ought to properly be balanced against citizens’ rights. The social consequences of this incident illustrate the profound importance of policy governing this issue. This thesis provides an analysis of the governing Supreme Court precedent which informs this issue, as well as the state statutes of Missouri and the police department regulations of Ferguson, Seattle, Denver, and New Hampshire which govern the police use of deadly force. The application of these standards to varying scenarios of the Ferguson shooting serves to demonstrate how these standards operationalize and highlights the discrepancies that exist across jurisdictions in terms of restricting and evaluating police use of deadly force. Ultimately, ambiguity in the current standards, incongruities and difficulties in their implementation, as well as significant concerns of inherent injustice lead to the conclusion that the police use of deadly force should be limited to instances in which such force is necessary to protect human life or prevent serious physical injury.
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Van, Der Merwe Constant Pieter. "Reconsidering Distributions: A Critical Analysis of the Regulation of Distributions to Shareholders in the Companies Act of 2008, with Special Reference to the Solvency and Liquidity Requirement." Thesis, Stellenbosch : Stellenbosch University, 2015. http://hdl.handle.net/10019.1/97133.
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Thesis (LLM)--Stellenbosch University, 2015ENGLISH ABSTRACT : The Companies Act 71 of 2008 introduces a completely new system for the regulation of distributions by a company to its shareholders. The preferred method for protecting the interests of creditors in distributions is now based on a solvency and liquidity test. Regrettably, the provisions setting out the requirements for distributions on the one hand and the solvency and liquidity test on the other have been poorly drafted. This thesis first explains and then applies an innovative interpretation theory to these provisions with a view to piecing together coherent content. The thesis finds that creative interpretations will not suffice in various places, meaning that substantive revision is required. The thesis concludes with brief amendment proposals and accompanying commentary.
AFRIKAANSE OPSOMMING : Die Maatskappywet 71 van 2008 bied ‘n radikaal nuwe sisteem vir die regulering van uitkerings van 'n maatskappy aan sy aandeelhouers. Die voorkeur metode om die belange van skuldeisers in uitkerings te beskerm, is nou op ‘n solvensie- en likwiditeittoets gebaseer. Ongelukkig is die wetlike bepalings wat die vereistes vir uitkerings aan die een kant uiteensit, en die solvensie en likwiditeit toets aan die ander kant, swak opgestel. Hierdie tesis verduidelik eerstens die bepalings, en pas dan 'n innoverende interpretasie teorie op hierdie bepalings toe, met die doel om 'n samehangende inhoud daar te stel. Die tesis bevind dat kreatiewe interpretasies op verskeie plekke nie voldoende sal wees nie. Dit beteken dat substantiewe hersiening noodsaaklik is. Ten slotte bied die tesis kortliks wysigings-voorstelle met meegaande kommentaar.
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Yilmaz, Ruhmén Susanna. "Law and order in Schools? : A comparative study on legal regulations of the social interaction between teacher and students in Finland and Sweden." Thesis, Uppsala universitet, Institutionen för pedagogik, didaktik och utbildningsstudier, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-323589.
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The following thesis investigates differences and similarities in the social aspect of teachers’ professional work, as described through teachers’ rights and responsibilities regulated in national school law of the social interaction teacher-student in Finland and Sweden. This thesis is written as a pilot-study in the Swedish Research Council project concerning teacher autonomy in Sweden, England, Finland and Germany. Teacher autonomy is seen as a multidimensional concept in recent research made, and in an analytical matrix developed by Wermke and Salokangas (2016) teacher autonomy can be analyzed on different levels and in different domains of teachers’ professional work. This thesis connects to the social domain in the analytical matrix, which concerns disciplinary policies in the social interaction between teacher and students and thus explores the social part (or dimension) of teacher autonomy. The methods adopted in this thesis are content analysis and comparative method where documents on a national level (i.e. school law) and local level (i.e. rules of conduct) from Finland and Sweden are analyzed. Three terms (i.e. rights, responsibility and offensive actions) guide the analysis together with three analytical questions drawing on Ingersoll’s (2003) research where decisions concerning the social aspect of schooling was proven to be the most important area of teachers’ decision-making power. The results of the investigation indicate that there are both similarities and differences in how the social aspect of teachers’ work is described on national and local level in Finland and Sweden. On national level for example, both Finnish and Swedish teachers can take disciplinary measures to maintain a safe study- and classroom environment, although it is more regulated in the Finnish school law. The investigation also shows that there is a clearer connection between the national level and the local level in Finland, a connection which cannot be perceived in the Swedish case. Lastly, the possibility of reporting teachers divides the two countries apart where in Sweden this is described in the school law, which is not expressed in the Finnish school law.
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Björklund, Pernilla. "The curious case of artificial intelligence : An analysis of the relationship between the EU medical device regulations and algorithmic decision systems used within the medical domain." Thesis, Uppsala universitet, Juridiska institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-442122.
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The healthcare sector has become a key area for the development and application of new technology and, not least, Artificial Intelligence (AI). New reports are constantly being published about how this algorithm-based technology supports or performs various medical tasks. These illustrates the rapid development of AI that is taking place within healthcare and how algorithms are increasingly involved in systems and medical devices designed to support medical decision-making. The digital revolution and the advancement of AI technologies represent a step change in the way healthcare may be delivered, medical services coordinated and well-being supported. It could allow for easier and faster communication, earlier and more accurate diagnosing and better healthcare at lower costs. However, systems and devices relying on AI differs significantly from other, traditional, medical devices. AI algorithms are – by nature – complex and partly unpredictable. Additionally, varying levels of opacity has made it hard, sometimes impossible, to interpret and explain recommendations or decisions made by or with support from algorithmic decision systems. These characteristics of AI technology raise important technological, practical, ethical and regulatory issues. The objective of this thesis is to analyse the relationship between the EU regulation on medical devices (MDR) and algorithmic decision systems (ADS) used within the medical domain. The principal question is whether the MDR is enough to guarantee safe and robust ADS within the European healthcare sector or if complementary (or completely different) regulation is necessary. In essence, it will be argued that (i) while ADS are heavily reliant on the quality and representativeness of underlying datasets, there are no requirements with regard to the quality or composition of these datasets in the MDR, (ii) while it is believed that ADS will lead to historically unprecedented changes in healthcare , the regulation lacks guidance on how to manage novel risks and hazards, unique to ADS, and that (iii) as increasingly autonomous systems continue to challenge the existing perceptions of how safety and performance is best maintained, new mechanisms (for transparency, human control and accountability) must be incorporated in the systems. It will also be found that the ability of ADS to change after market certification, will eventually necessitate radical changes in the current regulation and a new regulatory paradigm might be needed.
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Zawisza, Thomas Theodore. "An Analysis of Monitoring the Future: A Look at the Relationship between Juvenile Delinquency and Involvement in School." Digital Commons @ East Tennessee State University, 2010. https://dc.etsu.edu/etd/1743.
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The purpose of this study was to examine the relationship between juvenile delinquency and involvement with various school activities. In order to do so data from the Monitoring the Future survey of high school seniors in 2008 were used. Univariate measures included descriptive statistics of the variables, while bivariate analysis determined if a relationship exists between the dependent and independent variables. Results of the analysis suggested mixed support for the relationship between adolescent delinquency and involvement in school activities.
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Janahi, Wafa. "Party autonomy and small business protection in cross-border commercial contracts under EU private international law : a critical analysis of the Brussels I and Rome I regulations." Thesis, University of Bristol, 2015. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.686611.
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This thesis analyses the extent to which EU private international law (PIL), namely the Brussels I and Rome I Regulations, provides a fair regime for EU-based small businesses engaging in cross-border contracts. Unlike consumers, small businesses are not afforded special protective rules under these EU Regulations, although they can be in a weak bargaining position very similar to that of ordinary consumers. Indeed, the general rules of EU PIL do not take into consideration the position of small businesses as weaker parties. By the law's failure to protect small businesses' interests, a real problem of unfairness arises. The analysis focuses on the unfair effects of jurisdiction and choice-of-law clauses in business-to-business (B2B) contracts. The thesis argues that these clauses can, inter alia, have the effect of undermining or defeating the right of access to justice of the weaker party (the small business). This thesis highlights some of the problems associated with upholding jurisdiction and choice-of-law clauses in contracts between small businesses and large corporations. Several options for addressing these problems have been suggested. However, these suggestions often clash with the principle of party autonomy, a widely recognised principle in international trade and PIL, and, as a result, are hard to implement in practice. Therefore, this thesis suggests that a minimum harmonisation in an EU directive for the protection of small businesses against unfair terms in standard-form contracts (i.e. abusive party autonomy) is necessary. Such an instrument would be imp0l1ant not only for promoting small businesses' access to justice but also for enhancing competition by increasing small businesses' confidence to participate in cross-border contracts.
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Strydom, Janke. "A hundred years of demolition orders : a constitutional analysis." Thesis, Stellenbosch : Stellenbosch University, 2012. http://hdl.handle.net/10019.1/20260.
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Thesis (LLD)--Stellenbosch University, 2012.ENGLISH ABSTRACT: Ownership, and especially the ownership of land, consists of rights as well as duties. The social responsibilities of the owner depend on the prevailing needs of the public (as expressed in legislation) and are subject to change. Section 25(1) of the Constitution impliedly recognises the social obligations of the property owner insofar as it confirms that ownership can be regulated by the state in the public interest. Section 25(1) also sets requirements for the interference with property rights and, in so doing, recognises that the social obligations of the property owner are not without boundaries. In its landmark FNB decision the Constitutional Court gave content and structure to a section 25(1) challenge. The Constitutional Court held that deprivations will be arbitrary for purposes of section 25(1) if the law of general application does not provide sufficient reason for the deprivation or is procedurally unfair. The Constitutional Court elaborated that ‘sufficient reason’ had to be determined with reference to eight contextual factors which reflect the complexity of the relationships involved in the dispute. With reference to section 25(1) and FNB this dissertation considers the constitutional implications of two types of statutory interference with the owner’s right to use, enjoy and exploit his property. Firstly, the dissertation considers the owner’s statutory duty in terms of the National Building Regulations and Building Standards Act 103 of 1977 to demolish unlawful and illegal building works in certain instances. Secondly, the dissertation considers the limitations imposed by the National Heritage Resources Act of 25 of 1999 and the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE) on the owner’s right to demolish historic or unlawfully occupied structures. This dissertation argues that building and development controls, historic preservation laws and anti-eviction legislation are legitimate exercises of the state’s police power. Generally, these statutory interferences with ownership will not amount to unconstitutional deprivation of property. Nevertheless, there are instances where regulatory laws cannot be applied inflexibly if doing so results in excessive interferences with property rights. The FNB substantive arbitrariness test indicates when the law imposes disproportionate burdens on land owners. Furthermore, the non-arbitrariness tests shows when it might be necessary to mitigate disproportionate burdens, imposed in terms of otherwise legitimate regulatory laws, by way of German-style equalisation measures, which are comparable to the constitutional damages granted by South African courts. This dissertation concludes that in the past century the South African legal system has progressed from the apartheid regime, which protected the rights and interests of the white minority, to a constitutional regime which safeguards the rights of all South Africans. There are two legal developments that may lead to positive change in the next century, namely active pursuance of the notion that ownership consists of rights and duties and the development of equalisation-style measures, incorporated into legislation, to alleviate excessive burdens imposed on property owners in the public interest.
AFRIKAANSE OPSOMMING: Eiendomsreg, veral eiendomsreg op grond, bestaan uit regte sowel as pligte. Die sosiale verantwoordelikhede van die eienaar word bepaal deur die heersende behoeftes van die publiek (soos in wetgewing beliggaam) en is onderhewig aan verandering. Artikel 25(1) van die Grondwet erken implisiet die sosiale verpligtinge van die eienaar in soverre dit bevestig dat eiendomsreg nie ʼn absolute reg is nie en dat dit deur die staat in die openbare belang gereguleer kan word. Artikel 25(1) koppel vereistes aan statutêre beperkings wat op die eienaar se regte geplaas kan word en erken daardeur dat die sosiale pligte van die eienaar nie onbegrens is nie. In die invloedryke FNB-beslissing het die Grondwethof inhoud en struktuur aan grondwetlike analise ingevolge artikel 25(1) gegee. Die Grondwethof het bepaal dat ʼn ontneming arbitrêr sal wees vir die doeleindes van artikel 25(1) as die algemeen geldende reg nie genoegsame rede vir die ontneming verskaf nie of as die ontnemingsproses prosedureel onbillik was. Die Grondwethof het uitgebrei dat ‘genoegsame rede’ bepaal moet word met verwysing na agt kontekstuele faktore wat die kompleksiteit van die verhoudinge wat in die geskil betrokke is, weerspieël. Met verwysing na artikel 25(1) en FNB oorweeg hierdie proefskrif die grondwetlike implikasies van twee tipes statutêre beperkinge wat deur wetgewing op eienaars se regte geplaas word. Eerstens neem die proefskrif die eienaar se statutêre plig ingevolge die Wet op Nasionale Bouregulasies en Boustandaarde 103 van 1977 om onwettige en onregmatige geboue en bouwerke te sloop, in oënskou. Tweedens oorweeg die proefskrif die beperkinge ingevolge die Wet op Nasionale Erfenishulpbronne 25 van 1999 en die Wet op die Voorkoming van Onwettige Uitsettings en Onregmatige Besetting van Grond 19 van 1998 op die eienaar se reg om historiese en onregmatige bewoonde strukture te sloop. Die proefskrif betoog dat bou- en ontwikkelingsbeheermaatreëls, historiese bewaringswette en uitsettingsvoorkomingswetgewing legitieme uitoefening van die staat se polisiëringsmag is. In die algemeen sal hierdie statutêre inmenging nie uitloop op ongrondwetlike ontneming van eiendom nie. Nietemin is daar gevalle waar die regulerende wette nie onbuigsaam toegepas kan word nie indien dit tot uitermatige inmenging met die eienaar se regte lei. Die FNB-toets vir substantiewe arbitrêre ontneming dui aan wanneer ‘n wet ʼn disproporsionele las op grondeienaars plaas. Verder wys die FNB-toets wanneer dit nodig mag wees om oneweredige laste, wat deur andersins regmatige regulerende wette opgelê is, te versag. Dit kan gedoen word deur middel van ʼn statutêre maatreël, geskoei op Duitse voorbeeld, wat vergelykbaar is met grondwetlike skadevergoeding wat deur Suid-Afrikaanse howe toegeken is. Hierdie proefskrif kom tot die gevolgtrekking dat die Suid-Afrikaanse regstelsel oor die afgelope eeu ontwikkel het van die apartheidsbestel, wat die regte en belange van die wit minderheid beskerm het, tot die huidige grondwetlike bestel wat die regte van alle Suid-Afrikaners beskerm. Twee ontwikkelinge kan tot positiewe verandering in die volgende eeu lei, naamlik aktiewe bevordering van die gedagte dat eiendomsreg uit regte en verpligtinge bestaan en ontwikkeling van statutêre maatreëls wat die uitermatige las wat in die openbare belang op eienaars geplaas word, te verlig.
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Häusler, Aleš. "Systém řízení BOZP." Master's thesis, Vysoké učení technické v Brně. Fakulta strojního inženýrství, 2008. http://www.nusl.cz/ntk/nusl-228244.
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Diploma thesis is concerned to OH&SMS management system in cleaning company. It is analyzed as both national and international legal regulations of OH&SMS. Then analysis and risc rating of individual departments and suggestions of reformations are done. Based on choice, some supervisory documentation of OH&SMS were rewritten and completed.
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Hoffman, Ferdinand Wessel. "Assessed losses as defined by section 20 of the Income Tax Act No. 58 of 1962 : a critical analysis of anomalies that exist under current legislation and case law together with discussions on both their possible future implications and suggestions fo." Thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/9620.
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Isfåle, Linda, and Siri Petersson. "Tiggeri som störande av den allmänna ordningen : En kritisk diskursanalys av samhällsattityder bakom språkliga formuleringar i kommunala tiggeriförbud." Thesis, Linnéuniversitetet, Institutionen för socialt arbete (SA), 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-96524.
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In order to gain an understanding of how begging is constructed as a societal problem in the local Swedish social context, the aim of this qualitative study was to investigate a number of municipal begging bans in order to make visible societal attitudes that hide behind written language of begging discourse. The data collection method was text collection, and the material was documents in the form of three municipal begging bans (in municipal regulations). The method of analysis was critical discourse analysis (CDA), a form of textual analysis, and the analytical focus was the written discourse in its social context. The municipal begging bans that were analysed testified to a very high degree linguistically about negative societal attitudes towards begging, and the conclusions that could be drawn on the basis of the results were presented in four summarising themes. These where: disruption of public order, a vulnerability that one does not want to contribute to maintaining, ”we and them” and passivity and criminality. These societal attitudes could be summarized as not our vulnerable/poor = not our problem, and were largely hidden behind references to disruption of public order in public spaces.
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Chao, Chen-Wei, and 趙宸緯. "The Construction of Equity Crowdfunding Regulations in Taiwan────A Comparative Analysis with American Law." Thesis, 2017. http://ndltd.ncl.edu.tw/handle/yevscn.
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碩士國立臺灣大學
科際整合法律學研究所
105
Since small and medium enterprises are economic pillars of a country and encouraging innovation and entrepreneurship promotes economic growth, providing more financing options is an important part of building a healthy entrepreneurial environment. The development of crowdfunding has changed traditional financing models; particularly, equity crowdfunding brings a new imagination to startup financing. It is hoped that equity crowdfunding can transform the fundraising models of venture capital by introducing non-accredited investors at public offering market to fill in the financing gaps in seed-stage and early-stage investment. However, equity crowdfunding relates to public offering, which is highly regulated by securities regulations. Equity crowdfunding can be conducted fully only if regulations are less restricted; thus the construction of equity crowdfunding regulations determines the effect of opening financing channels. Taiwan has authorized non-governmental equity crowdfunding in May 2015, but the utilization remains extremely low, which does not reflect the market demand properly. On January 8th 2016, Taiwan amended the “Taipei Exchange Regulations Governing the Conduct of Equity Crowdfunding by Securities Firms”, while on May 16th, the U.S. enforced Regulation Crowdfunding (Reg. CF). This thesis tries to compare the approaches and the contents of the construction of equity crowdfunding regulations in Taiwan and in the U.S., to investigate the possible reasons to explain the ineffectiveness of equity crowdfunding in Taiwan. This study finds three unique features of equity crowdfunding regulations in Taiwan. First, Taiwan implements equity crowdfunding through executive orders, one of which determines equity crowdfunding to be exempt securities instead of exempt transaction; as a result, the legal nature of equity crowdfunding is misplaced. In addition, due to the special circumstances in Taiwan financial supervision, the Taipei Exchange (TPEx, GreTai Securities Market) supervises the equity crowdfunding on behalf of the Financial Supervisory Commission. These two pre-existing conditions lead to the second and third features below. Second, Taiwan''s equity crowdfunding has a dual-track system: One is operated through the governmental Go Incubation Board for Startup and Acceleration Firms (GISA) run by TPEx and the other through the non-governmental equity crowdfunding run by securities firms. Third, equity crowdfunding in Taiwan is a hybrid system, which mixes both the private placements through online general solicitation or general advertisements and the equity crowdfunding which focuses on non-accredited investors. These three features cause the confusions in concepts and standards of the regulations, constantly bring changes to the balance between capital formation and investor protection. Consequentially, the regulations cannot faithfully reflect the actual appearance of equity crowdfunding. Although Taiwan quickly authorized equity crowdfunding, instead of bringing actual help to startup financing, it has in turns brought up more legal disputes and thus Taiwan has lost the opportunity to inspect the startup financing legal system comprehensively and to complete the exempt transaction legal system. The conclusion of this thesis offers five proposals. First, the regulation should be amended from executive orders to legislation, in order to solve the problems of the nature of exemption, the identity of intermediary and the supervisory department. Second, the structure should be amended from a dual-track system to a single-track system that only allows non-governmental equity crowdfunding, in keeping with the market economy. Third, the authorities should split the hybrid system into separate regulations, in order to respond to the market demand correctly. In the private placement chapter under the Security Exchange Act, it should allow general solicitation and general advertisements under specific conditions; at the same time, equity crowdfunding should be an independent chapter in the Securities Exchange Act. Fourth, the overall planning should first determine the position of equity crowdfunding in startup financing cycle, in order to know the appropriate balance between capital formation and investor protection. Fifth, the regulations should adopt complementary measures of exempt transaction to complete the regulation structure, and include class interval of invest limitation and financial disclosure requirement to increase the flexibility of application.
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"Work and Family Identities in Regulatory Rulemaking: A Rhetorical Analysis of the Family and Medical Leave Act Regulatory Rulemaking Process." Doctoral diss., 2012. http://hdl.handle.net/2286/R.I.14648.
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abstract: This dissertation explores the discursive construction of work and family identities in the Family and Medical Leave Act (FMLA) regulatory rulemaking process. It uses dramatism and public sphere theory along with the critical legal rhetoric perspective to analyze official FMLA legal texts as well as over 4,600 public comments submitted in response to the United States Department of Labor's 2008 notice of proposed rulemaking that ultimately amended the existing FMLA administrative regulations. The analysis in this dissertation concludes that when official and vernacular discourses intersect in a rulemaking process facilitated by the state, the facilitated public that emerges in that discourse is bounded by official discourses and appropriated language. But individuals in the process are able to convey and contest a range of work and family identities that include characteristics of public, private, abuse, accountability, sacrifice, and struggle. It further demonstrates that different circumferences for crafting work and family identities exist in the regulatory rulemaking process, including national, international, and time-bounded circumferences. Because the law is a discourse that has far-reaching rhetorical implications and the intersect between vernacular discourses and legal discourses is an underexplored area in both communication and legal studies, this dissertation offers a contribution to the ongoing work of scholars thinking about work and family identities, the material consequences of the intersect of work and family, and the rhetorical implications of legal discourse.Dissertation/Thesis
Ph.D. Communication 2012
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李祥萍. "The Importance Analysis of Evaluating Factors in Regulations for the Management of Home Stay Facilities and Discussion over Future Trend of Home Stay Development." Thesis, 2008. http://ndltd.ncl.edu.tw/handle/27905474275524335409.
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碩士中華大學
經營管理研究所
96
As the rapid development of Home Stay in Taiwan and the implementation of related regulations and administration system, pressure of competition falls on the practitioners of Home Stay and causes operating difficulties and the situation of uneven Home Stay quality. It has been for six years since the first launching of “Regulations for the Management of Home Stay Facilities” by Tourism Bureau in 2001. According to the Tourism Bureau, in May 2008, there are 2,943 legally registered and illegal B&Bs in total, and it presents a trend of rapid growth in terms of historical statistics, which forms disturbances and problems in the practice of “Regulations for the Management of Home Stay Facilities”, and is expected to clarify and discuss. This research adopts Delphi Method to discuss the importance of evaluating factors in Regulations for the Management of Home Stay Facilities through professional viewpoints from three major fields. Through realizing the problem confronted in the current state of the Management of Home Stay and regulation, this research discusses the fitness of Regulations for the Management of Home Stay Facilities, and comes up with the five major dimensions for the future development of B&B through relevant literature review, to analyze the problems and future trends of B&B for the practitioners. According to the research results, the most important dimension perceived by the professionals is “Fire Control Facility”, in which the “Emergency Illumination”, “More than Three Fire Extinguishers in each Level” and “Home-base Fire Alarm” are the most significant three evaluating factors. Since most practitioners fail to observe the standards of construction, fire control, hygiene and facility management, it is recommended to set up fire safety courses for the practitioners and aggressively implement relevant punishment according to the regulations above, to protect the safety of consumers. The secondary important dimension perceived by the professionals is “operating scale”, in which the “Restriction to repetitive application for the same base”, “limitation to the number of rooms in common B&Bs” and “limitation to the floor area of room in common B&Bs” are the most significant three evaluating factors. The professionals suggests that when the government authority should rigorously check whether the B&B applied is registered under the same base or same operating entity with other constructions or facilities, to prevent from the operation enlargement in the future. At last, the third important dimension is “Registration and Shutting-Down Application”, in which the most significant three evaluating factors are “provision of certificated document of land”, “provision of copies of insurance contract defining responsibility” and “provision of certificated document of construction.” Therefore the buildings for B&B are restricted to usage of other purpose, in order to reduce the rule violations, a specific registration mechanism and inspection should be established upon monitoring legal and illegal B&Bs. This research focuses on the sustainable operation of B&Bs in the future. According to the research results, an entrance website for the legal B&Bs and national B&B association should be established, to assure the safety of accommodation for consumers. As the training and courses of labor or language, the government or local B&B related authorities may aggressively take charge of it, in order to enhance the professional knowledge and skill of the practitioners, and thus accelerate the local tourism development. Finally, yet importantly, for the establishment of registering and evaluating mechanism of superior B&B, it is recommended to be done by cooperation between related government entity and professionals, the pricing policy should not be based on the level of B&B but the market mechanism. The regular inspection may assure quality maintenance, and elevate the quality and competitive advantage of B&Bs in Taiwan. This research recommended the developing direction should be based on service with support from facilities, to create industrial value for acceleration of local tourism, and upgrade the international tourism image. Comprehensively, the research results suggest that the Regulations for the Management of Home Stay Facilities failed to deal with the current development and now state of B&B, the government should refine the regulations to deal with the controversies, to meet the demand of B&Bs. The results of this research provides referable details for related authorities and B&B practitioners, and thus elevates the operating and managing quality for the sustainable operation for the future. Keywords：B&B, Regulations for the Management of Home Stay Facilities, Delphi-Method, Trend of Future Development
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Fan, Hui-Kun, and 范輝坤. "An analysis of controversial types of executive orders, which was based on the rule of law and centered on military regulations." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/25883011769104777612.
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碩士國防大學管理學院
法律學系
98
Following the party-shifted, democratization and the completed foundation of Constitutional Interpretation (CI) in Taiwan, our country has established a principle and foundation of rule of law. It means that the country must follow the rule of law and its sovereign power must possess objective and legitimate laws to be the root of administration. If administrative actions conducted by govern lacks regulations or keeps some interpretative room, the administrative institution must correspond with the principle of proportion, equality, trusty and conservation, and the demand of human rights protected under constitution. In order to prevent the infringement of personal benefits and rights, this research points out a controversial type of military executive orders to discuss the vague phenomenon and try to find out the effective way of solutions. This research begin from the introduction of the rule of law, and review all the definition, categories, characteristics, limitation, efficacy, etc. Finally, we choose three dimensions-ordinance, regulation and official letter, which both process interpretive function and efficacy of restricted adjudication, to illustrate the patterns of executive orders nowadays. Those discussions are the base to review the pattern about executive orders from interior military, so as to prevent the violation of human rights and enhanced relative benefits on military HR protection.
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Rosborough, Megan. "The "Spanking Defence": An Analysis of Canadian Foundation for Children, Youth and the Law v. Canada (Attorney General) and the Future of Reasonable Correction of Children by Force in Canada." Master's thesis, 2011. http://hdl.handle.net/10048/1691.
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What actions constitute reasonable correction (or reasonable corporal punishment) of children pursuant to section 43 of the Criminal Code has been the subject of much legal debate in recent years. In this thesis, I argue that the Supreme Court of Canada’s analysis of section 43 in Canadian Foundation for Children, Youth and the Law v. Canada (Attorney General) (2004) failed to sufficiently delineate the justification, as demonstrated by the fact that the Court’s ruling has subsequently been manipulated and misinterpreted by lower courts across Canada. The post-Canadian Foundation jurisprudence has established a need for clarity, both with respect to the scope of section 43 and the provision’s proper application. I argue that Parliamentary reform of section 43 is required and I conclude by suggesting an amendment to the justification that seeks to incorporate current social science views on the issue and resolve the post-Canadian Foundation issues.
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Voight, Susan Amy. "Cracked skulls and social liability : relating helmet safety messages to motorcycle riders." Thesis, 2014. http://hdl.handle.net/1805/4208.
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Indiana University-Purdue University Indianapolis (IUPUI)Grounded theory analysis, informed by a socio-cultural lens, was applied to the narratives of eighteen motorcycle riders in order to understand, from the rider’s perspective, receptivity to warning messages regarding motorcycle helmet use. This study relied upon narrative analysis to identify patterns in communication that surround motorcycle riders’ experiences. Socio-cultural cues identified importance in the process of interest development in motorcycle riding, search for information regarding motorcycle riding, response to danger within the motorcycle riding experience, and attitude toward protection messages. Narratives specific to danger, or experiences of motorcycle accidents were analyzed for comparison with fear appeal theory. Special focus was applied to Terror Management Theory (TMT) and applied to the communication surrounding the real experiences of motorcycle accident and the perceived threat of danger while motorcycle riding. Communication evidencing relational influence was examined for examples of socially constructed interpretation of social identity and an individual rider's perspective of their lifeworld. The analysis revealed evidence of the TMT concept of burying or denying thoughts of danger. The TMT concept of lifeworld influence on behavior was evidenced in riders who did not accept warning messages involving helmet use. Examples of attitude and behavior change where present in two study participants’ narratives that described experience of severe injury and also the death of a friend. The riders cited these occurrences as experiences that inhibited their previous behavior of placing thoughts of motorcycle injury and death in the back of mind. Although small in number, this participant group offered multiple categorizations of rider descriptions. The narratives offered distinction in time of life when riding interest developed. As well, motorcycle training facilities were often noted as a source of communication from which riders obtained influence on their future behaviors. From this information insight was gained to offer suggestions for future research on time of message delivery. Riders who develop interest in riding as adults represent a category on which to focus preliminary educational messages. Individuals who have not yet developed an interest in motorcycle riding may benefit from societal cues that demonstrate safe riding behavior. Future research in mass media appeals focused on motorcycle riders are suggested, as is development of educational programs for delivery to high school audiences.