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Manjikian, Sevak. "Islamic Law in Canada: Marriage and Divorce." Thesis, McGill University, 2007. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=102836.
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Islamic Law in Canada: Marriage and Divorce provides an analysis of how Canadian society and the Canadian judicial system have responded to the use of the Shari'a to resolve issues relating to Islamic marriage and divorce in Canada. This dissertation explores two instances where Canadian society has been forced to address the role of the Shari'a in Canada and its interaction with Canadian laws and values. The first involves the debate that took place in Ontario over the last decade concerning the use of Islamic arbitration in family matters. This public debate ultimately led to the rejection of faith-based arbitration in that province, a decision apparently consistent with traditional Canadian attitudes towards multiculturalism. The second area of interaction between Canadian and Islamic law is within the Canadian court system itself. In particular, Canadian judges are occasionally required to grapple with Islamic family law issues when rendering judgments on certain cases that appear before them. This dissertation will examine a number of such cases in order to illustrate how the Shari'a has been addressed by Canadian judges. The overall aim of this work is to situate Islamic law within Canada's liberal framework. It is argued that although Canadians are amenable to certain levels of diversity, values that fall outside mainstream liberalism are not granted recognition. This dissertation will also demonstrate that the failure to legitimize Islamic arbitration represents a lost opportunity that would have broadened the scope of Canadian justice to include minority voices. The decision to reject faith-based arbitration will motivate some Muslims to seek justice from ad-hoc bodies of authority. Devoid of government oversight, these forms of underground Islamic justice may negatively affect certain members of Canada's Muslim community.
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Smirensky, Alvian N. "Matrimonial legislation in imperial Russia, 1700-1918." Theological Research Exchange Network (TREN), 1995. http://www.tren.com.
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Brooklyn, Bridget. "Something old, something new : divorce and divorce law in South Australia, 1859-1918." Title page, contents and summary only, 1988. http://web4.library.adelaide.edu.au/theses/09PH/09phb872.pdf.
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Coudert, Frederic René. "Marriage and divorce laws in Europe : a study in comparative legislation /." Littleton : (Colo.) : F. B. Rothman, 1993. http://catalogue.bnf.fr/ark:/12148/cb37441423v.
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McGill, Amanda S. "Legal professionals' perception of critical information in child custody disputes." Thesis, Virginia Tech, 1987. http://hdl.handle.net/10919/45800.
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The purpose of this study was to better understand which components of available information are used by legal professionals when making a child custody recommendation decision in Virginia.Master of Science
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Clark, Brigitte. "An analysis of the effects of marriage, divorce and death on the child maintenance obligation in South African law with some comparative perspectives." Thesis, Rhodes University, 2000. http://hdl.handle.net/10962/d1003184.
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This thesis analyses the law of child maintenance in South Africa with particular reference to the effects of marriage, death and divorce on such an obligation. In the introductory section, the types of South African family are demographically and statistically sketched, from a socio-legal perspective with some reliance on interdisciplinary research to assess the prevalence of the AID/HIV epidemic in South Africa, and the effects of poverty and ageing on the incidence of marriage and death. In the second part of the thesis, the parental child maintenance obligation is analysed in the common law context. The effects of serial marriage and arificial conception are also analysed with regard to their effect on the concept of biological parent. The nature and definition of parenthood is examined and the diverse and fluid nature of parenthood in South African society is stressed, particularly in relation to children's welfare. One of the aims of the thesis is to indicate how parenthood refers to a fluid set of social practices which are both biologically and culturally situated and thus have a complex effect on the maintenance obligation. The procedural problems of enforcement are also analysed in the light of recent amendments to the law in terms of the Maintenance Act 99 of 1998 (not yet in force) and some further proposals for reform in this area are proposed. The third part of the thesis examines the state obligation to maintain children, especially in the light of the state's commitments to children in terms of the Constitution of the Republic of South Africa Act (l08 of 1996) and its international commitments in terms of the United Nations Convention on the Rights of the Child which was ratified by the South African government on 16 June 1995. In the fourth part of the thesis, there is some comparative analysis, firstly, of the procedural law reforms proposed in Namibia as a result of detailed research done there. Secondly, alternative methods of assessing and enforcing child maintenance obligations in Australia and England are examined and briefly assessed in relation to their possible implementation and efficacy in a South African context. Finally, the thesis concludes with an overall synopsis of the position in this country and some proposals for reform in the light of the international and constitutional commitments of the state.
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Du, Preez Johannes Lodewicus. "Pension interest at divorce : a guide to the treatment of pension interest at divorce with reference to the history, the changes made to legislation, and the expected future outcome as based upon the current outstanding issues to be addressed by the legislature and the Minister of Finance." Thesis, Stellenbosch : Stellenbosch University, 2010. http://hdl.handle.net/10019.1/19878.
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Thesis (MAcc) -- Stellenbosch University, 2010.ENGLISH ABSTRACT: Due to a number of legislative changes, the tax treatment of pension interest at divorce has become a complicated issue, as it is not only affected by the Income Tax Act, but also by the Pension Funds Act as well as the Divorce Act. Because these changes are still fairly new to the industry, there are still a couple of technical issues on which the industry is not clear. In practice there are many articles and writers trying to give some form of guidance regarding the technical issues of pension interest at divorce. The study will refer to case law that affected the changes made to the Pension Funds Act, which led to the institution of the “clean-break” principle. Some of the technical issues with regard to a payment of an award made to a non-member spouse by a divorce order will be included along with a discussion on difficulties and uncertainties arising from the “clean-break” principle. The focus of the study will then be directed towards changes made to the Income Tax Act. Specific reference will be made to the tax on an award made to a non-member spouse by a divorce order. In some cases the tax on such an award will be recovered from the member spouse. The Income Tax Act does however provide for a right of recovery, which will be discussed. The payment of the tax from the member’s individual reserve however constitutes an additional accrual according to the Income Tax Act, which leads to a tax-on-tax issue. A discussion on GN33 will be included, as GN33 addresses the tax-on-tax issue. A chapter on preservation funds is included, as it is important to understand the working of these funds on when a non-member spouse has the option to transfer his/her pension interest to such a fund. The study will then look at an inequitable position in which the member finds him/herself when party to a divorce order made before 13 September 2007. Due to the changes made to the Income Tax Act, a situation arose where the member spouse looses out on all or part of his/her R300 000 tax free benefit as allowed by the Income Tax Act for withdrawals from his/her retirement funds. The study will include considerations for financial planning. The industry is placing more and more emphasis on sound financial planning, and it is therefore important to understand the key considerations, which an advisor or a party to a divorce should consider. The study will include a discussion on some of the outstanding issues, which the industry expects the legislature to address in the near future. As the changes to the Income Tax Act are ever changing and the discussion on pension interest at divorce is still a new topic under discussion, the industry is keeping an eye on the expected changes from the finance ministry and the legislature.
AFRIKAANSE OPSOMMING: As gevolg van ’n aantal veranderinge in wetgewing, het die belastinghantering van pensioenbelang by egskeiding ’n ingewikkelde kwessie geword, aangesien dit nie net deur die Inkomstebelastingwet beïnvloed word nie, maar ook deur die Pensioenfondswet sowel as die Egskeidingswet. Die studie sal verwys na regspraak wat aanleiding gegee het tot die veranderinge wat in die Pensioenfondswet gemaak is en wat gelei het tot die instelling van die “skoon-breuk”-beginsel. Sommige van die tegniese vrae wat betref die betaling van ’n toekenning aan ’n nie-lid-gade by ’n egskeidingsbevel sal ingesluit word saam met ’n bespreking van probleme en onsekerhede wat uit die “skoon-breuk”-beginsel voortspruit. Die fokus van die studie sal dan gerig word op veranderinge wat in die Inkomstebelastingwet aangebring is. As gevolg van veranderinge in wetgewing op spesifieke datums, word ’n toekenning wat aan ’n nie-lid-gade gemaak is in terme van ’n egskeidingsbevel belas onder drie verskillende belastingregimes, afhangende van die datum van die egskeidingsbevel. Daar sal spesifiek verwys word na die belasting op ’n toekenning aan ’n nie-lid-gade. In sommige gevalle sal die belasting op so ’n toekenning verhaal word van die lid-gade. Die Inkomstebelastingwet maak egter voorsiening vir ’n verhalingsreg wat ook bespreek sal word. Die betaling van die belasting vanuit die lid-gade se minimum individuele reserwe word egter erken as ’n addisionele toevalling in terme van die Inkomstebelastingwet wat lei tot ’n belasting-op-belasting kwessie. GN33 sal bespreek word aangesien hierdie algemene nota die kwessie aanspreek. ’n Hoofstuk oor bewaringsfondse word ingesluit, aangesien dit belangrik is om die werking van hierdie fondse te verstaan wanneer ’n nie-lid-gade die opsie het om sy/haar pensioenbelang na so ’n fonds oor te dra. Die studie sal dan kyk na ’n onbillike posisie waarin die lid hom/haarself bevind as hy/sy party was by ’n egskeiding voor 13 September 2007. As gevolg van die veranderinge wat in die Inkomstebelastingwet aangebring is, het ’n situasie ontstaan waar die lid eggenoot ’n gedeelte van sy/haar R300 000 belastingvrye voordeel vir onttrekkings van sy/haar aftreefonds, verloor. Die studie sal oorwegings vir finansiële beplanning insluit. Die bedryf plaas al meer klem op omvattende finansiële beplanning en dit is dus belangrik om die deurslaggewende oorwegings waarmee ’n adviseur of ’n party by ’n egskeiding moet rekening hou, te verstaan. Ten slotte sal die studie ’n bespreking insluit van sommige uitstaande kwessies wat die industrie verwag die wetgewer in die toekoms moet aanspreek.
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Barnabé, Graziela Cristina Farina Ramos Ribeiro 1980. "Processos demográficos e processos jurídicos : o divórcio no Estado de São Paulo a partir dos anos oitenta." [s.n.], 2013. http://repositorio.unicamp.br/jspui/handle/REPOSIP/279607.
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Orientador: Elisabete Doria BilacDissertação (mestrado) - Universidade Estadual de Campinas, Instituto de Filosofia e Ciências Humanas
Made available in DSpace on 2018-08-22T02:18:07Z (GMT). No. of bitstreams: 1 Barnabe_GrazielaCristinaFarinaRamosRibeiro_M.pdf: 3321503 bytes, checksum: 0eaa844895a0b4706e67090db6fbcd16 (MD5) Previous issue date: 2013
Resumo: Esta dissertação se insere nos estudos sobre famílias e suas transformações demográficas no Estado de São Paulo a partir dos anos 1.980 especialmente no que tange ao aumento do número de divórcios nas famílias dessa região. Seu objetivo geral é analisar as relações existentes entre os processos demográficos e os processos jurídicos envolvidos no referido aumento. Os objetivos específicos são, por um lado, analisar se as mudanças concretas observadas nessas famílias foram acompanhadas pelas mudanças jurídicas através das leis, dos projetos de lei, da doutrina e jurisprudência brasileiras, e, por outro lado, investigar se as mudanças jurídicas facilitaram mudanças concretas, contribuindo, assim, para o aumento do número de divórcios. A pesquisa focaliza, portanto, se o Direito acompanhou ou não tais alterações. A investigação empreendida nessa dissertação é fundamentada pela hipótese de que o Direito, através das referidas leis, pode acompanhar as mudanças sociais no que tange ao aumento do número de divórcios. O trabalho foi desenvolvido a partir da análise quantitativa de dados demográficos e da análise compreensiva da legislação brasileira referente ao divórcio. As fontes de dados demográficas utilizadas foram os Censos Demográficos dos anos 1.980, 1.991, 2.000 e 2.010 e os dados sobre casamentos, separações judiciais e divórcios no período de 1.984 a 2.011 das Estatísticas do Registro Civil obtidos no sistema SIDRA do IBGE. Utilizaram-se, como fontes de dados jurídicas, obras do Direito de Família e literatura sobre a matéria de áreas afins. A partir das análises do material colhido constata-se que no Brasil, nas últimas quatro décadas a partir da Lei do Divórcio, o número de divórcios apresentou tendência de aumento bastante significativa, fenômeno que indica mudanças rápidas na sociedade. Observa-se que a cada época em que ocorrem alterações na legislação sobre divórcio, as suas taxas aumentam (em 2.011, a taxa geral de divórcios ¿ TGD ¿ atingiu o seu maior valor desde o início da série histórica das Estatísticas do Registro Civil, em 1.984). No entanto, as taxas de separação judicial apresentam comportamento contrário, diminuindo significativamente (em 2.011 a taxa geral de separação atingiu o menor índice da série)
Abstract: This dissertation inserts itself in the studies about families and the demographic changes in the state of São Paulo since the eighties especially regarding to the increasing number of divorces in families of this region. Its general purpose is to analyze the relations between Demography and Law with the mentioned increase. The specific objectives are, on the one hand, to analyze if the changes observed in these families were accompanied by the legal changes trough Brazilian laws, bills, doctrine and jurisprudence, and, on the other hand, investigate if the legal changes favored concrete changes, thus contributing to the increasing number of divorces. The research focuses, therefore, on whether or not the Law followed such changes. The investigation undertaken in this dissertation is based on the hypothesis that the Law, through referred laws, may accompany social changes regarding the increasing number of divorces. The work was developed from the quantitative analysis of demographic data and comprehensive analysis of Brazilian law relating to divorce. The demographic data sources used were the Censuses of the years 1.980, 1.991, 2.000 e 2.010 and the data on marriages, legal separations and divorces from 1.984 to 2.011 of the Civil Registry Statistics obtained on IBGE's SIDRA system. Legal data sources, works of Family Law and literature on this subject in related areas were employed. From the analysis of the material collected notes that in Brazil, in the past four decades since the Divorce Law, the number of divorces tended to increase quite significantly, a phenomenon that indicates rapid changes in society. Noteworthy is the fact that every time there are changes in divorce legislation, their rates increase (in 2.011, the general divorce rate ¿ GDR ¿ reached the highest level ever since the start of the series of Civil Registry Statistics, in 1.984). However, the legal separation rates exhibit contrary behavior, significantly decreasing (general legal separation rate reached the series¿ lowest level in 2.011)
Mestrado
Demografia
Mestra em Demografia
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Khalaf, Chrystelle. "The Effect of Divorce Law Change on Divorce Rates: A New Perspective." NCSU, 2010. http://www.lib.ncsu.edu/theses/available/etd-03302010-161314/.
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Economic literature attempts to explain the effect of divorce law on divorce rates. Mutual consent divorce law was promulgated in the 1970âs. Although this amendment was a reflection of the social change occurring in the United States of America, unilateral divorce was still feared because some expected it to increase divorce rate. Friedberg and Wolfers made big contributions in this field of study. Friedberg believed that divorce rates have increased as a result of the law change while Wolfers agrees that an initial spike is clear but argues that the effect of the new legislations dissipates with time. I adjust the data they use to take into account separation requirements which they have not considered or merely thought of as an extra cost. Some states did require individuals to separate for a certain amount of time before granting them divorce. I use the same regressions as Friedberg and Wolfers for the same period of time but with a different dependant variable: divorce initiation rate. My results then differ when aligning divorces with the period when they got initiated. I conclude that Friedberg overestimated the effect but that the effect did persist and did not disappear like Wolfers claimed.
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Thompson, Von. "Law reform, conciliation and domestic violence /." Title page, contents and abstract only, 1998. http://web4.library.adelaide.edu.au/theses/09ARM/09armt477.pdf.
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Mihai, Vasile. "Divorce and remarriage in the Orthodox Church." Theological Research Exchange Network (TREN), 1999. http://www.tren.com.
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Tissot, Bruno. "Les psychiatres et la question du divorce pour alienation mentale." Amiens, 1994. http://www.theses.fr/1994AMIEM108.
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Huq, Naima. "Women's right to divorce in rural Bangladesh." Thesis, University of East London, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.282753.
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Fick, G. H. "Interspousal property division and financial provision on divorce." Thesis, McGill University, 1986. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=76754.
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Divorce has become an established phenomenon in an "age of discontinuity."* Together with altered patterns of family behaviour, new forms of wealth and modes of consumption, and the apotheosis of the individual and his right of self-determination, it has focused the attention on the de iure sorting out of financial or property issues between autonomous ex-spouses. The law can do nothing to artificially sustain the marriage, but it can assist in the adjustment which individuals must face in the event of divorce.This thesis is mainly concerned with the economic adjustment, which the spouses to a disintegrated marriage face, following divorce and how the law of matrimonial property functions to accomplish a just and fair result. The ex post facto solution reached is based on the cognizable trend in modern matrimonial property laws of limited sharing of less property adapted to the individual circumstances.
Throughout the treatment of the subject matter, extensive historical, critical and analytical references are made to the law of major Western countries--Canada, England, France, Germany and the U.S.A.--in an effort to deduce a coherent guide to the discretionary redistribution of marital means between husband and wife upon divorce. ftn * P. Drucker, The Age of Discontinuity (1968).
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Roszel, Stephen A. "The dissolution of marriage in favor of the faith according to the 1973 norms, Ut notem est." Theological Research Exchange Network (TREN), 1990. http://www.tren.com.
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Osborn, Stephen H. "Divorced and remarried Catholics selected canonical issues on participation in the parish /." Theological Research Exchange Network (TREN), 1998. http://www.tren.com.
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Sellwood, Claire Louisa. "A Series of Piteous Tales: Divorce Law and Divorce Culture in Early Twentieth-Century New South Wales." Thesis, The University of Sydney, 2017. http://hdl.handle.net/2123/16517.
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My thesis addresses the complex inter-relationship between the divorce law and the Divorce Court, and press-based cultural production and consumption, in early twentieth-century New South Wales (1900-1930). Established histories prioritise major legislative developments in 1873 and 1892, and the 1890s divorce boom. I argue that it is equally historically important to consider divorce procedures and public engagement with them outside of these immediate periods of legal change. As divorce debates moved out of the all-male Legislature and into the courtroom, ongoing concerns about social stability, moral integrity and gender relations were expressed through entertaining press reports. Drawing on two bodies of primary evidence—legal transcripts and tabloid newspapers—I consider how the Court and the press exerted influence over each other. Two broad related trends are at the core of this study. Firstly, granted new legal rights under the divorce Extension Act 1892, women petitioners consistently outnumbered male petitioners. Secondly, a journalistic culture dominated by ‘feminised’ melodramatic courtroom narratives flourished alongside the Divorce Court as a place of public theatre. The Court, which demanded public exposure of private suffering, directed the nature of tabloid coverage of divorce proceedings. In turn, press interest in legal procedure had a discernible effect on courtroom happenings. Through this analysis of courtroom proceedings, spectatorship and journalism, it becomes clear that divorce occupied a particularly complex position. It was attached to the rights and status of women, whilst existing within the male-dominated arenas of politics and law. Divorce also fitted into the spaces between law and culture, law and emotion, private and public life, and scandalous entertainment and legal/moral education. The boundaries traditionally constructed between law/politics as masculine and divorce/melodrama as feminine were in reality porous and unstable.
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Jorgensen, Gerald Thomas. "Impact of culture on marriage a psychological perspective and canonical implications /." Theological Research Exchange Network (TREN), 1998. http://www.tren.com.
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Du, Plessis J. R. "The law of culpable homicide in South Africa : with reference to the law of manslaughter in English law and the law related to negligent killing in German law." Thesis, Rhodes University, 1987. http://hdl.handle.net/10962/d1003185.
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Culpable homicide is the unlawful negligent killing of a fellow human being. As such it is in many respects a 'residual' crime being the verdict prosecutors may expect when they are unable to prove the intention to kill when prosecuting for murder. A feature of this was that in the past when defences such as, for instance, intoxication or provocation were raised at murder trials, convictions of culpable homicide were almost automatic. In recent years, under the influence of the 'purist' current in our Criminal law, intoxication has become a defence to culpable homicide and provocation resulting in loss of self-control has also become a defence to culpable homicide. These developments are unacceptable to some writers on criminal law and a move away from the purist approach to the 'traditional' or pragmatic approach is to be expected. Greater emphasis will be placed on practical results than on the achievement of logical consistency. This could result in the law of culpable homicide becoming more socially effective than it is at present.
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Banda, Fareda. "Women and law in Zimbabwe : access to justice on divorce." Thesis, University of Oxford, 1992. https://ora.ox.ac.uk/objects/uuid:b5d2ddc9-dad5-4c18-b808-9c3659494284.
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This thesis of approximately 98000 words is an empirically based study of the divorce process and women's experiences of the law. It begins by looking at the historical background of marriage and divorce through the different periods starting with colonization. It then looks at modern marriage and divorce. This is a sociological study of the types of relationships which people have and goes beyond the three state recognised marriages to look at other more informal unions and at the modes of dissolution thereof. It then discusses the research design and relates the study population to the general population before moving on to consider the reasons for the women's dissatisfaction in their relationships and the process of justifying or legitimating their discontent. The helpseeking careers of the women are examined paying particular attention to the agents consulted and the advice that they received from the various agencies. A theory of disputing which sees the litigation process as being less orderly and more dynamic than that advanced in traditional literature on dispute processing is advanced. The thesis then moves on to look at the women's use of the formal legal system examining barriers to access, the use of lawyers as the agents of transformation of disputes from the informal into the formal sphere and also at the provision of legal aid. The various actions instituted are considered in greater detail as are the difficulties encountered in trying to enforce the judgements obtained in court. The final data based chapter is an examination of the women's post-divorce lives from an economic and social perspective. Ultimately, it would seem that the problem may not be one of obtaining access to law, but rather of trying to obtain substantive satisfaction of the claim. Methods of enforcement and at state provision of assistance to lone parent families is considered in the light of constraints facing a developing country with limited resources.
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Heynis, Jessica Ann. "Law and disorder : a contractual view of marriage and divorce." Thesis, University of Cambridge, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.614707.
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An, Moon Hee. "Le divorce : étude de droit comparé français et sud-coréen." Thesis, Poitiers, 2012. http://www.theses.fr/2012POIT3007/document.
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La littérature juridique nous apprend que le divorce, institution fort ancienne permettant de rompre de manière définitive et radicale le lien conjugal, est étroitement lié à l'idéologie dominante et aux fluctuations politiques du pays considéré. La comparaison des législations en matière de divorce, objet de notre étude, permet alors, d'une part, de constater que l'évolution du « droit de divorcer » est marquée par des étapes successives d'interdiction et de rétablissement du divorce aussi bien en France qu'en Corée du Sud. Le principe du « droit de divorcer » une fois admis, cette démarche comparative permet d'autre part, de découvrir que, s'agissant du « droit du divorce », le choix législatif fondamental s'articule autour de deux idées dans les deux systèmes juridiques : diversifier les cas de divorce afin de répondre à la diversité des situations de crise conjugale, et dédramatiser le divorce en incitant les époux à trouver un accord sur les conséquences du divorce. L'approche comparative révèle une fois encore que les règles aboutissent à des solutions souvent proches mais que pour y parvenir, les législateurs respectifs des deux pays ont parfois emprunté des chemins différentsThe legal literature let us know that a divorce, very old institution allowing to break the marital relation in a definitive and radical way, is closely linked to the prevailing ideology and political movements of the country. The comparison of legislations in divorce, purpose of our study, allows, on the one hand, to notice the evolution of the “right to divorce” is underlined by successive steps of prohibition of divorce and recovery both in France and in South Korea. The principle of “right to divorce” once accepted, this comparative approach allows on the other hand, to perceive that, regarding “divorce law”, the fundamental legislative choice turns on two ideas in both legal systems : diversify divorce cases to answer the diversity of a marital crisis, and not dramatize divorce encouraging spouses to reach an agreement on the consequences of divorce. The comparative approach reveals once again that the rules often lead to similar solutions but to accomplish goals, sometimes the legislators of the both countries have took different ways
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Zantout, Mida R. "Khul' : between past and present." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99400.
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This thesis investigates past and present understandings and applications of khul', synthesizing existing scholarship on the subject as well as H&dotbelow;anafi juristic doctrines. As khul' is part of a larger concept, namely, divorce initiated or approved by women, attention will also be given to the other options that Islamic law---or, on some points, cultural practices---grants women in order to obtain release from the marital bond. A comparative analysis between the application of marriage and divorce laws under the Ottomans and in contemporary Egypt will then be conducted with a view to shedding light on the effect that the rise of the nation-state has had on gender inequality.
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Wasileski, Gabriela. "Labor law transformation and the rule of law the Czech and Slovak Republics, 1993-2005 /." Access to citation, abstract and download form provided by ProQuest Information and Learning Company; downloadable PDF file, 100 p, 2007. http://proquest.umi.com/pqdweb?did=1303296061&sid=10&Fmt=2&clientId=8331&RQT=309&VName=PQD.
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Misodi, Eseme Jessie. "The law and practice of child custody after divorce in Anglophone Cameroon." Thesis, University of Kent, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.386136.
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Dunbar, Whitney L. "Hearing a Child's Voice in Divorce: A Judge's Experience." Antioch University / OhioLINK, 2015. http://rave.ohiolink.edu/etdc/view?acc_num=antioch1457977765.
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Welchman, Lynn M. "The Islamic law of marriage and divorce in the Israeli-occupied West Bank." Thesis, SOAS, University of London, 1992. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.387921.
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Leander, L. H. "Liberty, democracy and legislation : law against the powerless." Thesis, Brunel University, 1991. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.292563.
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Tuerk, Alexander Heinrich. "The concept of legislation in European Community law." Thesis, King's College London (University of London), 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.415269.
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Hermida, Julian. "Legal basis for a national space legislation." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=84212.
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The purpose of this thesis is to propose the fundamental regulatory policy basis for a future domestic legislation governing private space activities in those States where their industry has or aspires to have a preponderant role in the pursuit of space activities and which have not yet crafted their national space regulatory framework. This study is based on the premises that the international legal framework governing space activities provides the fundamental basis for national space legislations and that the legislative experience of the countries which have adopted a domestic space legal scenario presents a useful model for delineating the principal basis of national legislation for those countries without specific national regulatory framework. The proposal is analyzed in light of Law Reform and participatory theory, conceived as a multifold dynamic process, requiring a national effort based on high level of State and private sector participation.
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Nkomadu, Obinna Emmanuel. "Maritime piracy legislation for Nigeria." Thesis, Nelson Mandela University, 2017. http://hdl.handle.net/10948/14046.
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As a result of maritime piracy attacks in the Gulf of Guinea, especially in the West Africa sub-region, off the coast of Nigeria the researcher started carrying out research in 2014 on the laws pertaining to piracy. In this regard Nigeria does not have the legal framework to effectively address the threat of piracy off its coast but a Bill entitled: “Piracy and Other Unlawful Acts at Sea (and Other Related Offences) Act” has been forwarded to the Nigerian National Assembly in order to criminalise ‘piracy and other unlawful acts at sea’. For this reason, the researcher deems it necessary to examine the provisions of the Bill to determine whether it is adequate to address the threat of piracy or whether there is a need to reform or improve it. As a result of the research, it was revealed that the Bill will never achieve the purpose for which it was drafted as the legal framework on piracy of the Bill has many limitations which makes it easier for perpetrators to escape punishment. In order to achieve the goal of this Bill, the researcher deemed it necessary to contribute by drafting maritime piracy legislation for Nigeria that effectively addresses the threat of piracy off its coast, relying on the preparatory work for UNCLOS and other global, continental and regional instruments relevant to maritime piracy. Relied upon also are comparative analyses of piracy legal system of Anglophone African States and Nigerian legislation. This draft legislation amends the limitations of the Bill and is in accordance with legal notions of piracy which emerge from the combination of the principles of criminal and international law.
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Moyse, Cordelia Ann. "Reform of marriage and divorce law in England and Wales, 1909-1937." Thesis, University of Cambridge, 1996. https://www.repository.cam.ac.uk/handle/1810/251606.
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Uddin, Islam. "Muslim family law : British-Bangladeshi Muslim women and divorce in the UK." Thesis, Middlesex University, 2018. http://eprints.mdx.ac.uk/25636/.
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This socio-legal study investigates the phenomenon of Islamic divorce in the UK. The background to the research problem is situated in discussions on Muslim women's rights in topics such as Shariah law, multiculturalism and legal pluralism. These may echo concerns that classical interpretation of Muslim family law (MFL) follows patriarchal practices that discriminate against Muslim women, whilst civil law is committed to gender equality as promoting social progress. The debate regarding the diasporic Muslim communities in Britain focuses on concepts such as multiculturalism and legal pluralism. Critics of MFL argue against policies that accommodate group rights and contend cultures socialise members to their designated status, with oppressive practices hidden in the private and domestic spheres, and specifically in the use of Shariah councils. Proponents, by contrast, argue for religious freedom, among other grounds. Many agree that further empirical research is required on the subject. This study addresses this empirical gap. The central research question asks, 'how do British-Bangladeshi Muslim Women (BBMW) pursue divorce in the UK?' and investigates the choices women made, as well as the role of experts, religion and culture in influencing decisions. It uses a phenomenological-inspired methodology, with data collection involving 27 in-depth interviews with BBMW, 12 interviews with experts, participant observation of Shariah Council hearings, and document analysis. Thematic analysis of data produced findings with conclusions applicable to the British-Bangladeshi Muslim community and to a wider field including legal practitioners and mediators, academics, policy-makers and others. The insights gained reveal the strong influence of religion and culture in establishing norms, dictating the importance of nikah, and in establishing the marriage, whilst the taboo of divorce hindered women from divorcing and affected them moving on, post-divorce. The community avoided professional mediation and viewed family disputes as a private matter. The diversity of Islamic opinions caused further confusion suggesting a need for a specific information reference point for British Muslims. The women displayed a multifaceted approach in dealing with civil and Islamic divorce, and utilised the different systems to their benefit, forming new mechanisms of securing religious divorce without the use of Shariah councils.
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Corcoran, Taylor Courtney. "Nevada and the Great Depression: Divorce Law, Gambling, and the Hoover Dam." Thesis, The University of Arizona, 2014. http://hdl.handle.net/10150/319985.
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Anidi, Ugochinyelu Chikodili Nerissa. "Towards the institutionalization of divorce mediation in Nigeria: a case study of Enugu State." Doctoral thesis, Faculty of Law, 2020. http://hdl.handle.net/11427/32443.
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Nigerian divorce laws and the divorce litigation process pose severe psychological, social-cultural, economic, and legal problems for families going through divorce in Nigeria. This thesis argues that divorce mediation may be able to ameliorate the harsh effects of these laws and process. This thesis seeks to achieve the following objectives: (1) To determine if the divorce mediation process can achieve the goals of a good divorce process, (2) To determine if the divorce mediation process can provide solutions to the myriad of unique problems which face families going through divorce in Nigeria, and (3) To determine the possibility of incorporating divorce mediation into the family dispute resolution system in Nigeria through an institutionalized divorce mediation program at the government-funded citizens' mediation centres. These objectives are achieved through an in-depth review of the customary and statutory laws regulating marriage and divorce in Nigeria as well as a review of the divorce litigation process in Nigeria. This thesis employs both desk and empirical research methods. It examines legislation, policy documents and academic treatises on divorce and divorce mediation. It also utilizes semistructured interviews to examine the Citizens' Rights and Mediation Centre, Enugu State, to determine its viability as a vehicle for the institutionalization of divorce mediation in Nigeria. The thesis finds that indeed divorce mediation achieves the aims of good divorce law. It further finds that while the divorce mediation process is not a panacea, its features lend themselves easily to the resolution of the myriad of problems which face families going through divorce in Nigeria. It also finds that divorce mediation can be incorporated into the Nigerian family dispute resolution system through an institutionalized divorce mediation program at the state-funded citizens' mediation centres present in several states in the country. It concludes that incorporating divorce mediation into the family dispute resolution system in Nigeria will ameliorate some of the harsh effects of the current divorce system. It offers short and long term proposals for the institutionalization of divorce mediation in Nigeria.
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Borg, Thomas. "The Relationship between EC-Law and Swedish Law regarding Competition and Labour Legislation." Thesis, Linköping University, Department of Management and Economics, 2001. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-901.
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According to § 2 of the swedish Competition Law it does not apply to agreements between employers and employees regarding salary and other working conditions. In the EC-treaty there is no such exception, but the European Court of Justice has established one. The purpose of this paper is to investigate if there are any differences between the two exceptions and, if so, how those differences effects the possibility to challenge swedish collective agreements from a competition law standpoint.
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Newton, Robert J. "Retroactive and retrospective legislation and the rule of law." Thesis, University of Ottawa (Canada), 1990. http://hdl.handle.net/10393/5817.
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Johnson, Taylon M. "Autism Policy: State and National Legislation Analysis." Scholarship @ Claremont, 2012. http://scholarship.claremont.edu/cmc_theses/278.
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This research thesis is a policy assessment of the factors that contribute to the current status in treating autism. The policy assessment begins with a description of the key components that that influence policy outcomes in regard to autism.
After developing a policy model that outlines various components of issues and approaches to the policy has on Autism, the paper examines several issues with regard to Autism policy, including the lack of insurance coverage, state legislation, waiting lists, evidence vs. non evidence treatments, and the high price for treatments. The paper also examines current approaches to Autism, and potential solutions. Solution analysis on current policy alternatives is provided and, this suggests that increasing knowledge and awareness of the affects of autism on society needs further attention along with proper funding for early treatment.
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Coxon, Benedict Francis. "Interpretive provisions in human rights legislation : a comparative analysis." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:d0a5ddca-9293-4204-b22b-417cdf829464.
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This thesis considers interpretive provisions in human rights legislation in the United Kingdom (UK), New Zealand and two Australian jurisdictions: the Australian Capital Territory and the State of Victoria. It deals with the relationship between certain common law interpretive principles which protect human rights and the rules under the interpretive provisions. It also considers what effect the interpretive provisions have on the overall approach to statutory interpretation, particularly in terms of their impact on the roles of intention and purpose. One of the themes of the thesis is that it is possible to identify a common methodology for the application of the various interpretive provisions. This is facilitated by an emphasis on the concept of purpose, which is flexible and capable of being identified and applied at higher levels of abstraction than the concept of intention as commonly applied by the courts. Despite this common methodology, the results of attempts at legislative rights-consistent interpretation in the relevant jurisdictions differ. We shall see that the UK courts have taken a broader interpretive approach than have their New Zealand and Australian counterparts. This will be explained by reference to the respective contexts of the human rights legislation in each jurisdiction, particularly in terms of legislative history. It will be argued that the purpose of the UK legislation to provide remedies in domestic courts for breaches of the European Convention on Human Rights provides the basis for the UK courts’ approach. The absence of this factor is the primary point of distinction between the UK on the one hand, and New Zealand and Australia on the other, though other issues will be explored. Finally, while as a matter of the interpretation of the UK legislation, and especially of the relevant interpretive provision, the approach of the UK courts is defensible, the significant risk to the principle of legal certainty which it poses will be highlighted.
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Wiid, Yvette. "An evaluation of the parametric amendments of legislation relating to the distribution of retirement benefits upon divorce." Thesis, University of the Western Cape, 2011. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_7286_1363774406.
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This thesis will examine the effects of divorce on the benefit payable to a member of a retirement fund, where divorce has occurred before the member has reached retirement age. In
particular, parametric (that is, piecemeal) amendments to the relevant legislation will be analysed in order to outline the development of the legislation relating to divorce and the consequent distribution of
assets (including retirement savings). The previous and current legal position in South Africa relating to divorce and retirement savings will be set out and critically analysed to determine whether the current position can be regarded as an improvement upon the previous legal position, or whether other and/or new problems in this area have been created. Parametric amendments to
relevant legislation have thus far been the subject of many cases in our courts and adjudicative tribunals. A systemic overhaul of a particular area of law is a useful tool in providing legal certainty
and clarifying the laws applicable to that area. This thesis will therefore argue in favour of a systemic overhaul of the legislation applicable to the allocation of retirement benefits at divorce, as opposed to the ineffectual parametric (i.e. piecemeal) amendments that have been implemented thus far. An essential aspect of this study is a comparative study of South African legal principles
relating to retirement benefits and divorce with the legal principles of this subject in the United Kingdom (UK).
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Jovanovich, Juan Martʹin. "Customs valuation and transfer pricing : is it possible to harmonize customs and tax rules?" Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31165.
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There is an overlap between the transfer pricing concepts that apply under tax and under customs regimes. This thesis aims to demonstrate (i) that customs and tax laws often share common principles in respect of related-party transactions; (ii) that transfer pricing as agreed to under one discipline should be recognized under the other; (iii) that the OECD Transfer Pricing Guidelines constitute a body of rules that is appropriate to supplement the related party provisions of the GATT/WTO Valuation Code ("GVC"); and (iv) that such guidelines are generally in accordance with the provisions of the GVC and its general principles and objectives. This thesis also analyzes the tax and customs value of imported goods, and identifies which additions to or deductions from customs value might have to be taken into account in comparing tax and customs results. The thesis concludes with an analysis of the circumstances and conditions under which the introduction of transfer pricing compensatory adjustments to transaction value would be consistent with Article 1 of the GVC.
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Ital, Eric Guy. "Copyright law and the Internet : in modern South African law." Thesis, Stellenbosch : Stellenbosch University, 2000. http://hdl.handle.net/10019.1/51666.
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Thesis (LLM)--University of Stellenbosch, 2000.ENGLISH ABSTRACT: The Internet is coming more and more into focus of national and international legislation. Especially with regard to copyright law, the rapid growth of the Internet, its global character, its novel technical applications and its private and commercial use by millions of people makes the control over a work complicated and raises copyright problems all over the world. Present legislation is therefore challenged to avoid gaps in the law. Considering the rapid growth of online providers and users in South Africa, it is likely that copyright disputes with regard to the Internet will evolve here soon. In this dissertation, the "world" of the Internet and its lawfulness with regard to existing South African copyright law will be examined. The examination tries to establish whether South African copyright law is able to cope with the present Internet problems and whether it leads to reasonable results. The first chapter of this dissertation will give an overview of the basic principles of the Internet, including the history, development and function of the Internet. Furthermore the changing aspects by means of diqital technology will be discussed. Because the global character of the Internet lead to "international" infringements, governments are considering the prospect of reaching international accord on the protection of intellectual property in the digital era. In chapter two, the present international harmonisation of copyright law will be introduced. Especially the quick adoption of the World Intellectual Property Organisation Treaties in December 1996 demonstrated that an international realisation for a call for action is existing. In chapter three, the application of South African copyright law with regard to the Internet will be discussed. First, it will be examined if a digital work on the Internet is protected in the same way as a "traditional" work. Second, the various rights of the copyright holder are discussed in connection with the use of a work on the Internet. Third, the potential application of the exclusive rights of the copyright holder to various actions on the Internet, such as caching, Web linking and operating an online service will be discussed. The Internet is a worldwide entity, and, as such, copyright infringement on this system is an international problem. The scenario of global, simultaneous exploitation of works on the Internet conflicts sharply with the current system of international copyright protection, which is firmly based on national copyright laws with territorial effects. Section four provides therefore an overview of the applicable law on an international net and analyses the necessity and borders of protection.
AFRIKAANSE OPSOMMING: Nasionale en internasionale wetgewing fokus in In toenemende mate op die Internet. Die versnelde groei van die Internet, sy wêreldkarakter, sy nuwe tegnologiese aanwendings en sy private en kommersiële gebruik deur miljoene mense maak beheer oor In werk baie gekompliseerd en skep veral outeursregprobleme regoor die wêreld. Wetgewing soos dit tans is, word dus uitgedaag om die leemtes in die reg te ondervang. Gegewe die vinnige groei van gekoppelde verskaffers en gebruikers in Suid-Afrika, is dit waarskynlik dat - outeursreggeskille met betrekking tot die Internet binnekort ook hier gaan ontwikkel. In hierdie verhandeling gaan die "wêreld" van die Internet en sy wettigheid onder bestaande Suid-Afrikaanse outeursregwetgewing ondersoek word. In die ondersoek word gepoog om vas te stelof Suid-Afrikaanse outeursregwetgewing geskik is om die Internetprobieme wat tans bestaan te hanteer en of dit lei tot aanvaarbare resultate. Die eerste hoofstuk van die verhandeling sal In oorsig gee van die basiese beginsels van die Internet, insluitende die geskiedenis, ontwikkeling en funksie van die Internet. Verder sal die veranderende aspekte as gevolg van digitale tegnologie bespreek word. Die wêreldkarakter van die Internet gee aanleiding tot "internasionale" inbreukmakings en om hierdie rede oorweeg regerings die moontlikheid van internasionale ooreenkomste oor die beskerming van intellektuele eiendom in die digitale era. In hoofstuk twee word die bestaande internasionale harmonisering van outeursreg bespreek. Veral die vinnige aanname van die World Intellectual Property Organisation se verdrae in Desember 1996, illustreer dat daar In internasionale bewustheid is dat iets in die verband gedoen moet word. In die derde hoofstuk word die aanwending van die Suid-Afrikaanse outeursreg met betrekking tot die Internet bespreek. Eerstens word ondersoek of a digitale werk op die Internet op dieselfde wyse as 'n "tradisionele" werk beskerm kan word. Tweedens word die verskillende regte van die outeursreghebbende in verband met die gebruik van 'n werk op die Internet, bespreek. Derdens word die potensiële aanwending van die eksklusiewe regte van die outeursreghebbende op verskillende aksies op die Internet, soos byvoorbeeld kasberging, web koppeling en die werking van 'n gekoppelde diens, bespreek. Die Internet is 'n wêreldwye verskynsel en sodanig is outeursreginbreukmaking op hierdie stelsel 'n internasionale probleem. Die scenario van 'n wêreldwye, gelyktydige uitbuiting van werke op die Internet is in skerp konflik met die huidige stelsel van internasionale outeursregbeskerming wat stewig gegrond is op nasionale wetgewing met territoriale werking. Hoofstuk vier bied daarom 'n oorsig oor die toepaslike reg op 'n internasionale netwerk en analiseer die nodigheid en ook grense van beskerming.
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Koch, Carolina Augusta. "The right to a view : common law, legislation and the constitution." Thesis, Stellenbosch : Stellenbosch University, 2012. http://hdl.handle.net/10019.1/71650.
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Thesis (LLD)--Stellenbosch University, 2012.Includes bibliography
ENGLISH ABSTRACT: South African law does not recognise an inherent right to the existing, unobstructed view from a property. Nevertheless, seemingly in disregard of this general principle, property owners often attempt to protect such views and courts sometimes in fact grant orders that provide such protection. This dissertation aims to establish whether South African law does indeed not acknowledge a right to a view and whether there are any exceptions to the general rule against the recognition of the right to a view. The principle that the existing view from a property is not an inherent property right is rooted in Roman and Roman-Dutch law. This principle was received in early South African case law. Inconsistency in the application of the principle in recent case law renders its development uncertain. An analysis of recent decisions shows that the view from a property is sometimes protected in terms of servitudes or similar devices, or by virtue of legislation. In other instances, property owners attempt to prevent the erection of a neighbouring building that will interfere with their existing views, based either on a substantive right or an administrative shortcoming. When the protection of view is based on a limited real right (servitudes or similar devices) or legislation, it is generally effective and permanent. Conversely, when it is founded on a substantive right to prevent building on neighbouring land or an administrative irregularity rendering a neighbouring building objectionable, the protection is indirect and temporary. A comparative study confirms that the position regarding the protection of view is similar in English and Dutch law. Constitutional analysis in terms of the methodology developed by the Constitutional Court in FNB indicates that cases where view is protected are not in conflict with section 25(1) of the Constitution of the Republic of South Africa, 1996. The investigation concludes with an evaluation of policy considerations which show that the position with regard to a right to a view in South African law is rooted in legitimate policy rationales.
AFRIKAANSE OPSOMMING: 'n Inherente reg op die bestaande, onbelemmerde uitsig vanaf 'n eiendom word nie deur die Suid-Afrikaanse reg erken nie. Desnieteenstaande poog eienaars dikwels om die uitsig vanaf hul eiendomme te beskerm en soms staan die howe bevele tot dien effekte toe. Dit skep die indruk dat die Suid-Afrikaanse reg wel die bestaande uitsig vanaf 'n eiendom as 'n inherente eiendomsreg erken of dat sodanige uitsig minstens onder sekere omstandighede beskerm kan word. Hierdie verhandeling het ten doel om onsekerhede betreffende die algemene beginsel oor 'n reg op uitsig uit die weg te ruim en om lig te werp op gevalle waar 'n onbelemmerde uitsig wel beskerm word. Die Romeinse en Romeins-Hollandse reg het nie 'n reg op uitsig erken nie. Hierdie posisie is deur vroeë regspraak in die Suid-Afrikaanse regstelsel opgeneem. 'n Ondersoek na latere Suid-Afrikaanse regspraak toon egter aan dat howe wel onder sekere omstandighede, skynbaar strydig met die gemeenregtelike beginsel, beskerming aan die onbelemmerde uitsig vanaf eiendomme verleen. 'n Eerste kategorie sake behels gevalle waar die uitsig vanaf 'n eiendom deur 'n beperkte saaklike reg, in die vorm van 'n serwituut of 'n soortgelyke maatreël, of ingevolge wetgewing beskerm word. In 'n tweede kategorie sake word die beskerming van 'n uitsig deur middel van 'n aanval op die goedkeuring van 'n buureienaar se bouplanne bewerkstellig. Sodanige aanval kan óf op 'n substantiewe reg óf op 'n administratiewe tekortkoming berus. Die onderskeie kategorieë verskil wat betref die doelmatigheid en omvang van die beskerming wat verleen word. 'n Saaklike reg of wetgewing verleen meestal effektiewe en permanente beskerming. Hierteenoor het 'n aanval op die goedkeuring van 'n buureienaar se bouplanne hoogstens indirekte en tydelike beskerming van die uitsig tot gevolg. Regsvergelyking bevestig dat die Engelse en Nederlandse reg die Suid-Afrikaanse posisie ten opsigte van'n reg op uitsig tot 'n groot mate eggo. Grondwetlike analise aan die hand van die FNB-metodologie dui daarop dat die gevalle waar uitsig wel beskerming geniet nie strydig is met artikel 25(1) van die Grondwet van die Republiek van Suid-Afrika, 1996 nie. Bowendien regverdig beleidsgronde die behoud van die huidige beginsel in die Suid-Afrikaanse reg.
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Harrison, Peter. "A theory of legislation from a systems perspective /." Canberra, 2006. http://erl.canberra.edu.au/public/adt-AUC20081204.115715/index.html.
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Nau, Dale. "Henry VIII's great matter a synopsis of the arguments for the divorce /." Theological Research Exchange Network (TREN), 1986. http://www.tren.com.
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Miller, Kristina Claire. "An evaluation of "work-life" legislation in South Africa." Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/4514.
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Tiry, Zaahira. "Political parties in South African law." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1012414.
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This dissertation is a literature study of the legal regime of political parties in post-apartheid South Africa. A constitutional perspective is adopted throughout the study in order to confine the topic to the realm of South African law. Hence, the focus of the study is to identify legal rights contained in chapter two of the Constitution and to also identify other provisions of the Constitution that have a bearing on political parties. As mentioned in the conclusion, section 19 of the Constitution, set the scene for the development of this study. An analysis of the constitutional provisions highlighted in this study, case law and present legislation dealing with political parties reveals that there is a need for comparative research and the adoption of adequate legislation to regulate the functioning of political parties in South Africa. It is submitted that the regulation of parties by statute is required to ensure a just political order whereby the functioning of political parties is in line with the Constitution.
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Tremblay, Michel 1955 Feb 27. "The legal status of military aircraft in international law /." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=81237.
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Since the beginning of the history of aviation, the use of aircraft for military purposes revealed an efficient and dangerous weapon in the arsenal of a State. First it was used as observatory post, and then the aircraft took a more active role in combat until it became a destructive and deadly weapon. The definition of military aircraft in international law is not clear as States only wish to regulate international civil air navigation and not state aircraft. On the other hand, the Law of armed conflict defines the status of every aircraft with their respective duties and rights in the conduct of hostilities. The interception of civil aircraft by military aircraft shall be done in accordance with the international standards adopted by the International Civil Aviation Organization in virtue of the Chicago Convention and it's limited to determine the identity of the aircraft. The use of deadly force against civilian aircraft in flight is equivalent of pronouncing the death sentence of its occupants without the hearing of a trial. Respecting the international standards of interception of civil aircraft is a necessity.
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Chen, Yifu, and 陈一孚. "The compatibility of patent law and traditional Chinese medicine." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2013. http://hub.hku.hk/bib/B50533964.
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Traditional Chinese Medicine (TCM) is a medical system with a unique medical philosophy that continues to guide the contemporary turning out of new pharmaceutical formulae. The clinically-proved effective components of these formulae are being extracted by means of modern technology. Natural Chinese medicines account for approximately 30% of the global sales volume of all medicines, and the international market-size of the TCM industry is increasing rapidly. The TCM industry depends on the patent protection of the results of its R&D no less than does any other industry. However, the patent examination guidelines of many important jurisdictions are hostile to the granting of patents to TCM products and processes. This is partly attributable to the vast differences between the philosophies of TCM and Western medicine, and to the imperfect understanding in many jurisdictions (particularly where Western Medicine is dominant) of the former. To this considerable degree, patent law fails to accommodate the TCM industry. Consequently, the TCM inventor will be left open to the depredations of the ‘free-rider’ phenomenon, the circumstance in which the inventor loses the benefits of his invention, and his investment in it, to a purloiner. The research examines the compatibilities between patent law and TCM, and argues that patent policy shall be adjusted to better accommodate the characteristics of TCM. Other forms of IPR protection are also discussed in comparison with patent with the purpose of illustrating the significance of patent in protecting TCM inventions.published_or_final_version
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Doctoral
Doctor of Philosophy
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Keyes, John Mark. "Judicial review of delegated legislation the rule of law and the law of rules." Thesis, University of Ottawa (Canada), 1985. http://hdl.handle.net/10393/5029.
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