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1
Giard, Timothée M. "The control of state aid to airlines by the European Commission /." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78215.
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The airline industry has undergone an unprecedented crisis in the aftermath of the events of September 11th, 2001 in the United States. At that time, the U.S. federal government rapidly moved to create and implement an important rescue package to ensure the sustainability of the U.S. airlines. Contrarily, the European Commission decided to keep the existing legislations and policies regarding state aid, allowing limited support from the Member States to their national carriers. For the Commission, the U.S. state-involvement in the air industry, as well as similar developments in other countries, was bound to create distortions of competition. This situation led the EU to submit a proposal to the Council and the European Parliament for a Regulation with aims to protect the Community airlines from the unfair pricing practices of state-aided non-Community air carriers. The text, modeled after the legislation applicable in the field of trade of goods, would fill a "legal void" and be a new efficient legislative tool for the Commission. Questions did arise, however, about its political legitimacy as well as its legal basis.
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Moessner, Philipp. "Slot allocation in the United States and Europe." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99146.
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The following thesis describes and analyzes the development of the U.S. slot allocation system from 1968 until today, in order to draw relevant conclusions for a new European Slot Regulation. The European Commission is currently drafting a new Slot Regulation purporting to introduce market mechanisms. A similar approach was espoused in the United States from 1986 onward, but was ultimately supplanted by overriding legislation in 2000. The analysis of the U.S. slot allocation system reveals the reasons underlying its abolition and queries whether this experience can be successfully transposed in Europe. The thesis commences by providing general information on the definition of slots, slot allocation, and airport capacity. A brief review of the European Commission's current consultation process on the implementation of market mechanisms for slot allocation follows. The main part of the thesis discusses the U.S. High Density Rule and the Rules for the Allocation and Transfer of High Density Airport Slots in historical order. Some criticisms frequently voiced assert that the Rules artificially limited access to airports, constituted barriers to market entry, restricted airline competition, generated higher fares, and yielded adverse effects on smaller communities which, in turn, lost access to key markets. Through a favorable assessment of the Rules, the thesis analyses these concerns and concludes that the suppression of the Rules was rather prompted by local political motivations than by other rationalities. However, experiences drawn from the U.S. Rules demonstrate that a future European secondary market for slots, if implemented under a grand fathering system, will likely have a positive impact on the efficiency of airport capacity, but not on access to the market and competition.
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Meintjes-van, der Walt Lirieka. "The domestic worker some considerations for law reform." Thesis, Rhodes University, 1993. http://hdl.handle.net/10962/d1003198.
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This thesis examines ways in which domestic workers in South Africa could be included within the scope of existing industrial legislation. At present the legal position of a work force of 862 000 is regulated by the common law contract of service. Socio-economic factors form the background of this investigation,which first sets out to determine whether the common-law contract of employment is capable of equitably regulating the employment relationship. The fallacy of the assumption that individuals agree on the terms of exchange in the employment contract on the basis of juridical equality, and the tenuous nature of the common-law employment relationship in the case of domestic workers are revealed. In the absence of any current statutory minima the employment contract is used to deprive domestic workers of what little protection they enjoy at common law. The two ways in which the individual employee's conditions of service can be protected from terms favouring the stronger of the two contracting parties are discussed. These are collective bargaining and statutory regulation. Difficulties experienced by domestic workers in respect of collective bargaining, whether they be included under the Labour Relations Act or not, are indicated. Proposals for including domestic workers under the Basic Conditions of Employment Act are evaluated in the light of legislation in the United States of America, Zimbabwe, Swaziland and Namibia. Ways of minimum-wage fixing are investigated, and it is concluded that the provisions of the Wage Act could be adapted for domestic workers. The 'unfair labour practice'concept is examined and the implications of its application for the domestic labour sector evaluated. It is recommended that the concept 'fairness' in the Labour Relations Act should apply to domestic workers, but that a code of practice be drafted to provide conceptions of 'fairness' as guidelines for employment behaviour. It is suggested that the parties refer disputes to mediation before being granted access to a Small Labour Court established for this purpose. In conclusion a draft code of practice is presented, as a basis for negotiation at a forum representative of the major actors in the domestic labour arena.
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Guzmán, Lozano Luz María. "Female labour in Mexico : a legal analysis comparing international and domestic law." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99139.
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This thesis analyses the Mexican legal framework and the public policies implemented by the Mexican government regarding female labour from an international perspective. The position to be argued throughout the thesis is that the Mexican government has not fulfilled its international obligations derived from the treaties and international conventions that directly or indirectly provide for women's labour rights. The thesis proposes a number of legal reforms and public policies that once properly enforced and implemented by the Mexican government would provide for gender equality in the Mexican labour market.
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Malmsköld, Elin. "The status of abortion in public international law and its effect on domestic legislation." Thesis, Uppsala universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-355922.
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Few issues divide leaders and policy-makers as much as abortion, which regularly sparks heated political, religious and philosophical debates. Numerous states choose to prohibit or criminalize abortion, despite the fact that it has been practiced throughout recorded history. In many of these states, women turn to unsafe abortion methods, such as consuming bleach or inserting a coat hanger, which may cause long-term damage or death. In the light of this tragic reality, one could ask whether these women have a right to safe abortion in human rights law or not. In order to answer this question, the author analyzes the status of abortion in public international law. The results are based on a thorough examination of the preparatory works (travaux préparatoires) and reservations to CEDAW, CRC, ECHR, and ICCPR, as well as documents by international and regional treaty bodies. The author applies a treaty-based international law methodology, analyzes the results through Hilary Charlesworth and Christine Chinkin’s theory of the public and private distinction in public international law and discusses the juridical- political context. The author concludes that there is neither an explicitly formulated human right to abortion, nor is abortion included within the right to family planning. However, she finds that domestic legislation which criminalizes or restrict access to safe abortions may be in violation of other fundamental human rights.
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Shadley, Anna Bardes. "The Third Gate: Naturalization Legislation in Central and Eastern Europe." Columbus, Ohio : Ohio State University, 2008. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=osu1206123091.
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Bengtson, Christina. "National parliaments and European legislation : how scrutiny procedures have adapted and why." Thesis, University of Glasgow, 2006. http://theses.gla.ac.uk/1041/.
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National parliaments have always been involved in the affairs of the European Union. They have debated and voted on joining the Community and have ratified the European treaties negotiated by their governments. On a more regular basis, national parliaments have also, to varying degrees, scrutinised European legislation and the European-level activities of their executives. Increasingly, it has been recognised that national parliaments underpin decisions taken at the European level by legitimising the actions of their executives. As Europeanisation has progressed and the impact of European legislation has become more widely felt at the domestic level, national parliaments have found that their space to manoeuvre has shrunk. National parliaments have become part of a multi-level system of governance and can no longer, singularly, determine the parameters within which they operate. The traditional model of undertaking scrutiny, with specialised European committees operating in isolation from the rest of parliament, is therefore no longer tenable. EU specialists are unable to provide the expertise on all areas covered by European integration and increasingly require the expertise found in other committees within national parliaments to perform their scrutiny adequately. Inter-parliamentary contacts have contributed to a better understanding of common parliamentary problems. Parliamentarians have become more aware of the challenges of Europeanisation and globalisation, but have also discovered ways to, collectively and individually, face these challenges. National parliaments are likely to remain firmly anchored in the domestic level, maintaining their roles as legitimisers of national executives as well as expressions of national sovereignty. They can therefore also be expected to remain independent and autonomous institutions, determining their own activities and procedures. As a consequence, the impetus behind any move by national parliaments to further develop their influence over European (or global) decision-making and activities must come from within national parliaments themselves.
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Foerderer, Jens Peter. "An unclean deal : why the European Commission was right to block GE-Honeywell." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78213.
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When the European Commission ultimately blocked the merger between American giant General Electrics and Honeywell in July 2001, this decision triggered a firestorm of criticism. Not only had the Commission just stopped a purely American transaction for the first time since the enactment of European Merger Regulation, but it also contradicted its American Counterpart, the US Department of Justice: The Americans had cleared the deal several months earlier.In spite of constant cooperative efforts during the investigation, the two antitrust agencies could not reach a common position. When scholars and officials tried to find reasons for the divergence between the American and European decisions, they often criticized the Commission's general approach of focusing on competitors rather than on consumers. They further claimed that the Commission had used dubious economic models to block the merger.
This thesis tries to reinstate the reputation of the European Commission as a professional antitrust institution. The criticisms often left the impression that the Task Force of the Directorate-General for Competition of the European Commission constituted a politically-orientated, rather than economic and legally-orientated, organ. It will be shown that this is actually not the case.
After having analyzed the Commission's decision in detail, and revealing both the strengths and weaknesses of its findings, the thesis will demonstrate that most of the criticisms have to be rejected, and that the Commission had a legal and economic basis in blocking the GE-Honeywell merger.
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Froom, Natalie Marie. "Domestic tax law v double tax treaties in the context of controlled foreign companies." Thesis, Nelson Mandela Metropolitan University, 2014. http://hdl.handle.net/10948/3559.
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The South African fiscal legislators have found it necessary to introduce anti-avoidance legislation which governs controlled foreign companies in order to counteract schemes devised by taxpayers where companies are established outside South Africa for the purpose of diverting income from the South African fiscal net. Whilst the enforcement of such legislation does have merit in that the intention behind the introduction of such domestic legislation is to prevent the erosion of the South African tax base, it is submitted that this does pose a problem from an international perspective. The objective of this treatise is to conduct a critical analysis of how compatible the South African fiscal legislation which governs controlled foreign companies is with the provisions of the double taxation agreement as prescribed in terms of the OECD Model Tax Convention (which was published in July 2010). In addition, the aim of this study is to deduce whether the purpose of the double taxation agreement is not only the avoidance of juridical double taxation but also that it addresses the avoidance of economic double taxation. This will assist in determining whether domestic controlled foreign company legislation (as embodied in section 9D of the Income Tax Act 58 of 1962) conflicts with the purpose of the double taxation agreement. By conducting an extensive research study and by depicting a certain scenario which addresses the issue at hand, the following is concluded: The tax treatment of the business profits generated by a controlled foreign company resident in a State outside South Africa and which have been generated from active business operating activities, is held to be in agreement with the provisions of the double taxation agreement. By contrast, the tax treatment of the controlled foreign company’s passive income in the form of interest income, is found not to correlate with the aforesaid agreement. As will be demonstrated in the chapters that follow, the controlled foreign company’s interest income is subjected to economic double taxation in terms of the scenario depicted in this treatise. This means that such income is taxed twice in the hands of two different taxpayers in two different States. As a result of this it is submitted that the following problem arises: Because section 9D of the Income Tax Act causes economic double taxation to occur (as illustrated in the previous paragraphs) and owing to the fact that the purpose of the double taxation agreement is the avoidance of economic double taxation, it can be shown that the section 9D domestic legislation conflicts with the terms of the double taxation agreement. This conflict is considered to be an area of concern because a contravention of the purpose of the double taxation agreement is regarded as a breach of the Contracting States’ international obligations in terms of the aforesaid agreement. It is further submitted that paragraph 23 of the OECD Commentary on article 1 and paragraph 14 of the OECD Commentary on article 7 are incorrect when they express the sentiment that domestic controlled foreign company legislation does not conflict with the provisions of the double taxation agreement. It is proposed that this be corrected to state the contrary.
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Wunderlin, Beverly J. "The Regulation of Medically Assisted Procreation in Europe and Related Nations and the Influence of National Identity, Social Cultural, and Demographic Differences." Thesis, University of North Texas, 2002. https://digital.library.unt.edu/ark:/67531/metadc3192/.
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This study details the Medically Assisted Procreation regulations in thirty-five nation-states, and explores the influence of national identity, social cultural and demographic differences on these regulations. Detailed data were gathered from ministries of health, offices of prime ministers, embassy staff, and others on regulations for each nation. These data were used to categorize the nations in regard to MAP legislation status and regulatory policy regarding marital or age restrictions; posthumous conception; sperm, ovum, or embryo donation, surrogacy; and policy on handling donors. Possible associations between national identity, social cultural, and demographic data for each nation and their regulations were explained. The thirty-five nations were treated as a population with common geographical and political ties. PRE methods, and eta coefficients were used to assess the associations. Sixteen nations have adopted MAP legislation, eight nations have either alternative regulatory guidelines or partial structures, four nations have legislation pending and possibly some laws, and seven nations are unregulated. Based upon statistical analysis, language group emerges as an important indicator for differences in MAP regulations. For example knowing a nation's language group enabled percent improved prediction of that nation's regulatory handling of embryo donation. The percent GDP spent on health care was found to have a substantial or moderate association with most regulations. The findings of this study indicate that the cultural roots associated with national identity as well as economic circumstances such as health care budgets impact the policy making process responsible for the regulation of MAP in Europe. Among other mediating circumstances, MAP related family law cases brought to the European Court of Human Rights create an accumulation of judge-made law, which help create a common European standard. This study of the European region provides a baseline for further research and a reference for cross cultural comparisons.
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Liu, Wai-leung, and 廖為良. "Legislative support for waste reduction initiatives." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1997. http://hub.hku.hk/bib/B31253805.
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Elfar, Mostafa [Verfasser], and Stephen [Akademischer Betreuer] Oeter. "International Investment Law and Domestic Legislation in MENA : Egypt, Jordan and Morocco / Mostafa Elfar ; Betreuer: Stephen Oeter." Hamburg : Staats- und Universitätsbibliothek Hamburg, 2019. http://d-nb.info/1190285797/34.
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Geoffroy, Marion. "La securite du transport aerien europeen : aspects institutionnels et juridiques." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=33064.
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Recently, air transportation has been increasing considerably. If that trend continues, there could be a major accident once a week by the year 2010. European States first joined their aviation policies for geographical and economical reasons. To that end, following the American deregulation, they started liberalizing their air transport. Today, they also work on the safety aspects of this activity. Together with the European Community and the DGCA's, three organisations have a relevant function in the regulation of safety: they help States to coordinate new preventive actions. Furthermore, in order to unify the measures that are currently implemented, a discussion on a single European aviation safety authority has been raised in the last few years.In the course of this thesis, the above-mentioned topics will be studied, whereby a preliminary chapter will focus on the origin of the unification of European air transport and the liberalization aspects, and the three following chapters will review the institutional and legal aspects of the safety of European air transport.
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Khangala, Lavinia Musiwa. "Minimum wage fixing for domestic employees." Master's thesis, University of Cape Town, 1994. http://hdl.handle.net/11427/17505.
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Marquet, Jeannine M. "Les céréaliers français et l'Europe." Doctoral thesis, Universite Libre de Bruxelles, 1988. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/213307.
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Lei, Cheng Teng. "Understanding socio-legal impact on law-making :a study on the legislation of the domestic violence act in Macau." Thesis, University of Macau, 2016. http://umaclib3.umac.mo/record=b3570074.
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Chan, Chi-keung Thomas, and 陳志強. "A study of the impact of the building management ordinance 2000 on domestic building owners in Hong Kong." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2003. http://hub.hku.hk/bib/B42577378.
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Gutuza, Tracy. "An analysis of the methods used in the South African domestic legislation and in double taxation treaties entered into by South Africa for the elimination of international double taxation." Doctoral thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/4628.
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Includes abstractIncludes bibliographical references.
This thesis adds to the body of literature exploring the policy principles of equity and neutrality, as applied in the context of methods relieving international double taxation and in the context of a recently opened and developing economy.
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Chung, Ng Kam-seung Grace, and 鍾吳錦裳. "An evaluation of the impacts of the Building Management Ordinance on Owners' Corporations of domestic buildings in Hong Kong." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2004. http://hub.hku.hk/bib/B45008000.
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Flores, Benavides Rodrigo. "The Indirect Tax Credit in Domestic Legislation and in the Agreements to Avoid Double Taxation Subscribed by Peru." Derecho & Sociedad, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/118169.
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In the first section of the article, the two types of international double taxation, as well as the main mechanisms for its elimination, are reviewed. Subsequently, is analyzed the indirect tax credit in Peruvian tax law. The main section is devoted to the indirect tax credit set forth in the tax treaties concluded by Peru, including its practical application and the relation between such treaties and domestic legislation.En las primeras secciones del artículo se revisan los dos tipos de doble imposición internacional, así como los principales mecanismos para su eliminación. Más adelante se analiza el crédito tributario indirecto en la ley tributaria peruana. La sección principal está dedicada al crédito indirecto previsto en los convenios tributarios suscritos por el Perú, incluyendo su aplicación práctica y la relación entre dichos convenios y la legislación doméstica.
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Venter, Debra. "The UNCITRAL model law on international commercial arbitration as basis for international and domestic arbitration in South Africa / Debra Venter." Thesis, North-West University, 2010. http://hdl.handle.net/10394/4930.
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Commercial arbitration is growing in importance in the modern world. People often use arbitration to ensure adjudication by an expert in the field and although arbitration may not always be quicker, its importance continues to grow especially in international commercial disputes.1 Effective arbitration procedures will have positive consequences for the economical and political relationships between countries.2
The Arbitration Act 42 of 1965 might have sufficed in the past, but as international commercial arbitration is ever increasing and changing, this act has become out–dated. It does not effectively facilitate international commercial arbitration. The Act was primarily designed with domestic commercial arbitration in mind and therefore it is of limited assistance in the international commercial arbitration sphere.
The United Nations Commission on International Trade Law3 has developed the Model Law on International Commercial Arbitration.4 This Model Law or variations thereof can be adopted by a country to regulate international commercial arbitration.5 Many countries choose to adopt the Model Law. The reasons vary but some are that the country’s own arbitration laws were out–dated and needed replacement. The Model Law has proved to be effective and it has become a benchmark for good arbitration legislation.6 Some countries have even adopted the Model Law for use in domestic commercial arbitration disputes. The South African Law Commission7 published a report in 1998 dealing with the possible application of the Model Law on international commercial arbitration in South Africa. It drafted a Draft Bill on International Arbitration (not as of yet promulgated) based on the Model Law.9 One of the points of discussion in the report of the Commission was whether the Model Law should also be made applicable to domestic commercial arbitration in South Africa. The conclusion was that domestic and international arbitration should be dealt with separately and that the present Act regulating domestic arbitration should be amended but not replaced by the Model Law. This implies two arbitration regimes: the International Arbitration Act (dealing only with international commercial arbitration); and the Arbitration Act (dealing only with domestic commercial arbitration) After the Commission’s report had been studied and South Africa’s legal position had been compared with Australia’s legal position, it is conlcuded that Australia is a good example to follow in regard to arbitration practices. It is, however, important to keep South Africa’s own background in mind. A good point made by Australia, is the fact that international commercial arbitration legislation and domestic commercial arbitration legislation, should be kept separate. This will bring about effectiveness and clarity for the users of the said legislation. Furthermore, as end conclusion, the Commission’s view is not favoured in regard to the fact that South Africa’s domestic arbitration legislation should not be based on the UNCITRAL Model Law. It would be a good idea to follow suit with Australia and base both South Africa’s international and domestic commercial arbitration legislation on the UNCITRAL Model Law.Thesis (LL.M. (Import and Export Law))--North-West University, Potchefstroom Campus, 2011.
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Chirwa, Danwood Mzikenge. "Towards binding economic, social and cultural rights obligations of non-state actors in international and domestic law: a critical survey of emerging norms." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&.
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This study argued that the issue of non-state actors requires a comprehensive response that includes the recognition of both non-binding and binding human rights obligations of these actors. It examined critically the emerging norms on voluntary obligations, state responsibility, and direct responsibility of these actors with regard to human rights at both international and domestic levels.
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Kimura, Keiki 1955. "An analysis of the Japanese voluntary export restraint upon automobiles to the U. S. and Canada : an investigation of its impacts upon international, bilateral and domestic legal frameworks for safeguard measures." Thesis, McGill University, 1985. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=65419.
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Hogg, Grace Laing. "The legal rights of masters, mistresses and domestic servants in Montreal, 1816-1829 /." Thesis, McGill University, 1989. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=59245.
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In early nineteenth century Lower Canada, a direct relationship existed between the colony's laws of employment and the nature of its economy. As the artisanal and manufacturing centre of British North America, Montreal, in the first third of the century, had a pre-industrial economy. Its legal treatment of the master/servant relationship was established and directed by masters, and drew heavily upon the spirit of the pre-industrial traditions of English common law, emphasizing the criminal liability of servants failing to respect contractual obligations. Montreal's domestic servants, who were drawn from the poor and popular classes, and included mostly women and minors, were often at the greatest disadvantage in this legal system, because of their gender and economic backgrounds. Not only did their masters and mistresses have economic and social advantages, but they also controlled the legal system.
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Breindl, Yana. "Hacking the law: an analysis of internet-based campaigning on digital rights in the European Union." Doctoral thesis, Universite Libre de Bruxelles, 2011. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209836.
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Digital rights activism constitutes an exemplary case of how internet affordances can be mobilised to engender political change. The values and principles stemming from the hacker imaginaire, and free and open source software practices, underpin digital rights activism, which uses the internet as a tool, object and platform for the protection of rights in the digital realm. The analysis focuses on how digital rights activists use and adapt the political affordances of the internet to intervene in European Union policy-making. Two original case studies of internet-based campaigning at the European level (the “No Software Patents” and the “Telecoms package” campaigns) provide in-depth insight into the campaigning processes and their impact upon parliamentary politics. The cases highlight the complementarity of online and offline collective action, by examining processes of open collaboration, information disclosure and internet-assisted lobbying. The success of the “Telecoms package” campaign is then assessed, along with the perspective of the targets: members and staff of the European Parliament.The belief in values of freedom, decentralisation, openness, creativity and progress inspires a particular type of activism, which promotes autonomy, participation and efficiency. The empirical evidence suggests that this set of principles can, at times, conflict with practices observed in the field. This has to do with the particular opportunity structure of the European Union and the characteristics of the movement. The EU favours functional integration of civil society actors who are expected to contribute technical and/or legal expertise. This configuration challenges internet-based protest networks that rely on highly independent and fluctuating engagement, and suffer from a lack of diversity and cohesion. The internet does not solve all obstacles to collective action. It provides, however, a networked infrastructure and tools for organising, coordinating and campaigning. Online and offline actions are not only supportive of each other. Internet-based campaigning can be successful once it reaches out beyond the internet, and penetrates the corridors of political institutions.
Doctorat en Information et communication
info:eu-repo/semantics/nonPublished
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Meyer, Jaime Paul. "An Analysis of the Arguments Used in the Home School Issue." Thesis, North Dakota State University, 1988. https://hdl.handle.net/10365/27618.
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"An Analysis of the Arguments Used in the Home School Issue," by Jaime P. Meyer is a study employing a twelve point method of analysis taken from the work of Ch. Perselman and L. Olbrechts-Tyteca. This study sought to answer the question: Are the values in the arguments of those for or against conditional home schooling in North Dakota consistent with the values underlying the laws of the state? Chapter I established the nature of the study. Chapter II provided a review of the literature concerning home schooling in North Dakota. Chapter III identified the similarities of the values in the arguments stated by those for conditional home schooling and the laws of the state. Chapter IV noted the dissimilarities of the values in the arguments stated by those against conditional home schooling and the laws of the state. Chapter V concluded that the values in the arguments of those for conditional home schooling are more consistent with the values underlying the laws of North Dakota than the values in the arguments of those against conditional home schooling.
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Basson, Lindinette. "Perspectives on the best interests of the child : developments in the interpretation and application of the principle in the South African law relating to custody." Thesis, Stellenbosch : Stellenbosch University, 2004. http://hdl.handle.net/10019.1/18091.
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Thesis (LLM )-- Stellenbosch University, 2004.ENGLISH ABSTRACT: The Constitution of the Republic of South Africa entrenches the best interests of the child as being of paramount importance in all matters concerning the child. This commitment to the promotion of the welfare of children is not unique to modern South African law, but is an acknowledged principle of the common law and international child law as well. With such well-established recognition the question, which forms the primary focus of this study, arises whether the principle of the best interests of the child is workable and applicable in real life scenarios where the custody of a child has to be decided. The challenge to the application of the principle in this context is to reach a decision that will protect the parent-child relationship regardless of the marital breakdown. The question is whether the principle allows for and creates an honest awareness of and commitment to the welfare of children that influence decisions in this context or whether courts and decision-makers merely pay lip service to it in order to conceal the haphazard way in which custody is awarded. In order to determine the workability and applicability of the principle, it is necessary to know how the principle has evolved in the South African legal context. Through the examination and analysis of existing literature, international conventions, legislation and case law, a number of different perspectives on the developments in the interpretation and application of the principle are provided. These perspectives culminate in the useful and constructive insight and conclusion that the value of the concept is dependant upon the correct approach to the principle and its characteristics. The defining characteristic of the principle of the best interests of the child is its inherent vagueness and indeterminacy. Though this subjects the principle to serious criticism, this study supports the argument that indeterminacy is in fact essential. It ensures not only the flexibility of the concept, rendering it applicable to the time, cultural sphere and social context and unique circumstances of each case it is applied to, but a holistic approach to the child as individual and family as a unit as well. This holistic approach forms the foundation of the lists of criteria in McCall v McCall 1994 (3) SA 201 (C) and the Children's Bill, thereby establishing the workability and value of the principle for fair and just results in all decisions pertaining to the custody of children.
AFRIKAANSE OPSOMMING:Die Grondwet van die Republiek van Suid-Afrika verskans die beste belange van die kind as van deurslaggewende belang in elke aangeleentheid rakende die kind. Die verbintenis tot die bevordering van die belange van kinders is nie 'n verskynsel uniek aan die moderne Suid-Afrikaanse reg nie, maar is 'n erkende beginsel in beide die gemenereg en die internasionale kinderreg. Met hierdie wyd-verspreide en algemene erkenning ontstaan die vraag, wat dan ook die primêre fokus van hierdie studie vorm, of die beginsel van die beste belang van die kind werkbaar en toepaslik is in ware lewensdramas waar 'n beslissing oor die bewaring van 'n kind gemaak moet word. Die uitdaging vir die toepassing van die beginsels in hierdie konteks is om 'n besluit te neem wat die voortbestaan van die ouer-kindverhouding ten spyte van die verbrokkeling van die huwelik sal verseker. Die vraag is of die beginsel werklik 'n eerlike bewussyn van en verbintenis tot die welstand van kinders skep wat die besluitnemingsproses in hierdie konteks beïnvloed en lei en of howe en besluitnemers bloot die regte lippetaal gebruik om die lukrake manier waarop besluite geneem word te verbloem. Om die werkbaarheid en toepasbaarheid van die beginsel te bepaal is dit nodig om die proses van evolusie van die beginsel in die Suid-Afrikaanse reg onder oënskou te neem. Deur die ondersoek en analise van bestaande literatuur, internationale konvensies, wetgewing en hofuitsprake word 'n aantal perspektiewe op ontwikkelinge in die interpretasie en toepassing van die beginsel voorgelê. Hierdie perspektiewe lei tot die betekenisvolle en opbouende gevolgtrekking en insig dat die waarde van die konsep afhang van 'n korrekte benadering tot die beginsel en sy kenmerke. Die hoofkenmerk van die beste belange van die kind beginsel is die inherente vaagheid en ondefinieerbaarheid daarvan. Hoewel dit die beginsel aan ernstige kritiek onderwerp, ondersteun hierdie studie die argument dat die onbepaaldheid in der waarheid noodsaaklik is. Dit verseker nie alleen buigsaamhied, wat toepassing op alle tye in alle kulturele en sosiale omgewings en besondere omstandighede van 'n spesifieke geval moontlik maak nie, maar ook dat 'n holistiese benadering tot die kind as individue en die gesin as eenheid gevolg word. Hierdie holistiese benadering vorm die grondslag van die lyste van faktore in McCall v McCall 1994 (3) SA 201 (C) en die Wetsontwerp op Kinders 2003 waarmee die werkbaarheid en waarde van die beginsel vir billike en regverdige resultate in alle aangeleenthede rakende die bewaring van kinders verseker kan word.
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Vogt, Tertia. "The impact of an interim protection order (Domestic Violence Act 116 of 1998) on the victims of domestic violence." Thesis, Link to the online version, 2007. http://hdl.handle.net/10019/485.
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Périé-Frey, Sarah. "Essai sur l'émergence d'un régime juridique autonome du médicament : entre bien public et bien marchand : Regards croisés en droit interne et en droit de l'Union européenne." Thesis, Perpignan, 2017. http://www.theses.fr/2017PERP0006/document.
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Comme tout corps de règles naissant et se constituant progressivement en système juridique spécifique, les règles applicables au médicament se nourrissent des régimes juridiques externes préexistants que ceux-ci relèvent du droit public ou du droit privé. Dans les systèmes juridiques reconnus, les emprunts faits, une logique d'appropriation se met en place qui aboutit à la transformation et la spécialisation de la règle empruntée à l'objet ou la situation spécifiquement abordée. Les règles applicables au médicament parviennent-elles effectivement, suivant ce processus classique, à s'approprier les règles et principes des régimes juridiques préexistants. Un système juridique ne pouvant résulter que du sens qui lui est donné. Ainsi, pour qu'il y ait système, les normes constitutives de celui-ci doivent exprimer un objet et un but uniques. La question se pose donc de l'unité des règles applicables au médicament. Ce n'est qu'alors que l'existence d'un système juridique peut être avéréeLike any set of regulations, which derives its origins from a specific legal system, the regulations for medication is based on an external, pre-existing judicial system of public and private law. Copying the approved judicial system results automatically in recognition, that - depending on the topic - entails a specific change or specification of the borrowed rule.Should the applicable regulations for medication follow the classic process and acquire the principles of the pre-existing judicial system? A judicial system can only follow one principle. Therefore, the constitutive norms of a judicial system must provide a unified objective. The question therefore arises, if the applicable regulations for medication follows this uniformity. These can only be secured by a judicial system
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Jändel, Viktor, and Lira Kolaric. "Barnets bästa vid tvångsomhändertagande av barn som far illa i Sverige och Norge : En komparativrättslig studie av svensk och norsk rätt." Thesis, Södertörns högskola, Offentlig rätt, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:sh:diva-38094.
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This study in comparative public law analyses if the courts have decided in the best interest of the child when judging for immediate care due to domestic violence. Both Sweden and Norway have transformed the United Nations Convention on the Rights of the Child (CRC) article 3 in parts of their national legislation. The difference between the countries is that Norway in 2003 incorporated CRC as a part of their legal policy, Sweden, on the other hand, has not integrated CRC in their national laws. There is a need for research if and how the local authorities and the courts in the two countries live up to the concept for the best interest of the child. Six court decisions from both countries as well as the development of the national legislation will be analyzed. To achieve our purpose, we will use the comparative and dogmatic legal method. The comparative method will be used when we compare the similarities and differences between their national legal system and the court's judgment for immediate care for the best interest of the child. The dogmatic legal method will be used for defining the current law. The results of this study indicate that Norway has more appropriate laws for the best interest of the child. The difference between the countries is that in Norway the court can decide based on their child specific law. While the courts in Sweden only can decide for the best interest of the child with the interpretation based on the two laws but the code is not just for the child. Despite the differences, both Sweden and Norway have appropriate laws for how the local authorities and the court should promote the best interest of the child. In the future, we hope that it would be easier for the Swedish courts to apply the best interest of the child when CRC has been incorporated into the national legislation.
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Van, Raepenbusch Sean. "La sécurité sociale des travailleurs migrants en droit européen." Doctoral thesis, Universite Libre de Bruxelles, 1990. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/213117.
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Jarrett, Stephanie Therese. ""We have left it in their hands" : a critical assessment of principles underlying legal and policy responses to aboriginal domestic violence ; a location study /." Title page, table of contents and abstract only, 1997. http://web4.library.adelaide.edu.au/theses/09PH/09phj373.pdf.
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Human, Cornelia Sophia. "Invloed van die begrip kinderregte op die privaatregtelike ouer-kind verhouding in die Suid-Afrikaanse reg." Thesis, Stellenbosch : University of Stellenbosch, 1998. http://hdl.handle.net/10019.1/4446.
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Thesis (LLD (Private Law))--University of Stellenbosch, 1998.490 leaves double sided printed, preliminary pages and numbered pages 1-469. Includes bibliography. Digitised using a HP Scanjet 8250 Scanner to pdf format (OCR).
ENGLISH ABSTRACT: The thesis investigates the effect of the recognition of the rights of the child on the parent-child relationship in private law. Rights of the child seem, on the face of it, to undermine parental authority and family values. The impression is created that the state is abdicating its role as protector of the child in favour of unfettered freedom of the child. The delicate balance between individual freedom and family autonomy may in the result also be under threat. It was, therefore, necessary to extend the investigation to include the role of parents and that of the state. The study is divided into three parts. The first contains a theoretical analysis of the concept rights of the child. It is clear that the concept is a manifestation of fundamental human rights. The rights of the child are unique in nature and accommodate the changing phases of dependence and developing abilities of the child. Theoretical analysis negates the perception that the recognition of the rights of the child contributes to erosion of the family: the importance of the commitment of parents and of the state is apparent. The second part consists of a comprehensive review of the parent-child relationship in the South African private law, and an analysis of the public law dimension of the concept rights of the child. This part of the investigation demonstrates that parental authority is firmly rooted in legal history and that substantive private law does not recognise the child as bearer of rights within the context of the family. However, the Bill of Rights and the 1989 United Nations Convention on the Rights of the Child unequivocally give public law status to the child as bearer of rights. The study shows that the private and public law status of a child cannot be isolated from one another and that adaptations will have to be made to implement the rights of the child. In the third part of the study an attempt is made to identify the kind of adaptation that must be made. The impact of the idea of the rights of the child upon the parent-child relationship in private law is investigated. Australian and Scottish law are examples of legal systems which endeavour to implement fully the concept of the rights of the child. Indigenous law places a high value on human dignity. The interaction between rights and duties in indigenous systems reflect values which are inherent in the idea of the rights of the child. The study shows that the impact of the rights of the child on the parent-child relationship is such that change and adaptation of private law is necessary. Change and adaptation are required at both theoretical and practical level. A number of obstacles which may inhibit the process of change are identified. Finally, the kind of change and adaptation required is illustrated by a number of practical examples of the impact ofchange on the parent-child relationship.
AFRIKAANSE OPSOMMING: Daar word in hierdie proefskrif gepoog om te bepaal wat die effek van die erkenning van kinderregte op die ouer-kind verhouding in die privaatreg is. Kinderregte skep op die oog af die persepsie dat ouerlike gesag en gesinswaardes onderrnyn word en dat die staat sy rol as beskerrner van 'n kind abdikeer ten gunste van onbeperkte vryhede aan 'n kind. Die delikate balans tussen individuele vryhede en gesinsoutonomie is in gedrang en op hierdie wyse word die rol van ouers en die staat ook by die ondersoek betrek. Die studie behels 'n drieledige ondersoek. In die eerste plek vind 'n teoretiese ontleding van die begrip kinderregte plaas. Hierdie ondersoek toon aan dat kinderregte 'n verskyningsvorrn van fundamentele menseregte is. Kinderregte het 'n eiesoortige aard en akkommodeer die wisselende fases van afhanklikheid en ontwikkelende verrnoens van 'n kind. Die betrokkenheid van ouers en die staat word beklemtoon en die teoretiese uitgangspunt besweer gevolglik negatiewe persepsies dat die erkenning van kinderregte tot gesinsverbrokkeling sal meewerk. Die tweede deel van die ondersoek bestaan uit 'n volledige uiteensetting van die ouerkind verhouding in die Suid-Afrikaanse privaatreg en 'n ontleding van die publiekregtelike dimensie van die begrip kinderregte. Hierdie deel van die ondersoek bewys dat ouerlike gesag regshistories sterk fundeer is en dat die substantiewe privaatreg nie die kind as draer van regte binne gesinsverband erken nie. Daarteenoor verleen die Handves van Regte en die Verenigde Nasies se Konvensie op die Regte van die kind 1989 'n duidelike publiekregtelike status aan die kind as draer van regte. Die ondersoek toon aan dat die privaatregtelike en publiekregtelike status van 'n kind nie van mekaar gelsoleer kan word nie en dat aanpassings sal moet plaasvind ten einde kinderregte te implementeer. Die tipe aanpassings wat gemaak sal moet word, vloei voort uit die derde element van hierdie studie. Hierdie deeI van die studie behels 'n toepassing van die idee van kinderregte op die ouer-kind verhouding in die privaatreg. 'n Regsvergelykende element word betrek en die Australiese en Skotse reg word as modelle van 'n regstelsel voorgehou wat poog om kinderregte tot sy volle konsekwensies te implementeer. Vir doeleindes van interne regsvergelyking word daar ook na die inheemse reg verwys. Die hoe premie wat laasgenoemde regstelsel op menswaardigheid plaas en die wisselwerking tussen regte en verpligtinge verteenwoordig waardes wat eie aan die idee van kinderregte is. Die gevolgtrekking is dat die effek van kinderregte op die ouer-kind verhouding van sodanige omvang is dat aanpassings in die privaatreg sal moet plaasvind. Veranderings in regsdenke en formele aanpassings word vereis en 'n aantal struikelblokke wat deel van hierdie proses is, word uitgelig. Sekere praktiese implikasies vir die ouer-kind verhouding word ook voorgehou ten einde te illustreer wat die aard van die aanpassings is wat vereis word.
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Armendariz, Veronica S. "Paradox Lost: Explaining Cross-National Variation in Case Volume at the European Court of Human Rights." Digital Archive @ GSU, 2011. http://digitalarchive.gsu.edu/political_science_theses/41.
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Existing research on states and human rights focuses primarily on international treaty ratification, post-treaty rating systems, and ad hoc reports on adherence in individual countries. Additionally, the literature is characterized by disproportionate attention to certain rights to the neglect of others, thereby painting an incomplete and potentially inaccurate picture of a state’s practice and implementation of human rights. Consequently, the extant literature too frequently disregards key domestic and international factors as determinants of cross-national variation in the implementation and protection of human rights, and it instead generates paradoxical claims about human rights and state behavior. With Europe as its empirical focus, this study tests one assertion that state strength relative to societal actors impacts the frequency of cases heard at the European Court of Human Rights. Findings suggest that state strength indeed plays a role in the overall number of cases from member states in the European human rights system.
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Lam, Chi-wai Michael, and 林智偉. "Domestic and Cohabitation Relationships Violence Ordinance: a piece of work in progress or the ultimatesolution for gay victims?" Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2012. http://hub.hku.hk/bib/B5053421X.
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1 January 2010 was a milestone for the survivors and victims of same-sex domestic violence in Hong Kong. After a hard fought legislative battle, the Domestic and Cohabitation Relationships Violence Ordinance (DCRVO) was extended to cover cohabitation relationships irrespective of sexual orientation.
With the inclusion of same-sex cohabitants in the legislation, gay survivors are provided the same legal protection as different sex couples. It is believed that equality has been achieved for gay victims, in theory at least. Indeed, the topic of same-sex domestic violence seemed to vanish from the public sphere as soon as the Ordinance was enacted. Nevertheless, considering the cultural and social obstacles experienced by gay victims of domestic violence, e.g. social perception of homosexuality and the fear of being ‘outed’ by reporting the incidents, coupled with a lack of supplementary support services available to people with alternative sexual orientations, it is uncertain how effective this amendment will be to Hong Kong sexual minorities in practice. Therefore, the primary research question for this thesis is to what extent the DCRVO is effective in protecting in practice.
This research question will be answered by a combination of qualitative and quantitative empirical research methods. This paper focuses on three areas particularly - the awareness amongst the gay community in Hong Kong of the legislation; the availability of same-sex domestic violence support services; and the subsequent complementary policies provided by the government. This study argues that without adequate complementary policies, the DCRVO will always remain to be a piece of work in progress, and not the ultimate solution for gay victims in Hong Kong.published_or_final_version
Law
Master
Master of Philosophy
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Docquir, Pierre-François. "La liberté d'expression dans le réseau mondial de communication: propositions pour une théorie générale du droit d'accès à l'espace public privatisé." Doctoral thesis, Universite Libre de Bruxelles, 2009. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/210368.
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Fischer, Felix Friedrich. "The regulation of Section 17 (2a) of the German Energy Economy Act against the background of current developments of the German and European offshore wind industry." Thesis, Stellenbosch : Stellenbosch University, 2008. http://hdl.handle.net/10019.1/5750.
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Thesis (MBA (Business Management))--Stellenbosch University, 2008.ENGLISH ABSTRACT: With the introduction of Section 17 of the EnWG (German Energy Economy Act), the legislator created a new situation for the complex relationships in the German offshore wind industry. The transmission system operators are now obliged not only to provide the connection for offshore wind farms, but also to reimburse the developers of such plants for the costs they incurred in the course of planning the cable connection between the wind farm and the onshore grid. Forecasts had predicted that by 2007 numerous offshore wind farms would be operational. But no development company in the entire sector had moved beyond the planning phase. However, the rapid development of the offshore wind industry is important in order to achieve the German goal to generate 20% of all energy from renewable energy sources by 2020 and thus contribute to the prevention of grave climate changes. It is also important for the domestic labour market and the initiation of further exports of energy technologies. Early domestic growth will eventually payoff as offshore wind energy is implemented by more countries, which will then rely on the experience of German companies. Under these circumstances, Section 17 (2a) S.3 of the EnWG induces a positive impulse for offshore development. Under the financial constraints that dampened the expectations of developers of offshore wind farms, the suggested reimbursement will offer welcome relief. However a broad interpretation of Section 17 (2a) S.3 of the EnWG must be applied in order to reach the goal of actually enhancing offshore development, as is the legislator's intent. Such a broad interpretation of the reimbursement claim will lead to rapid implementation of the new law, as this will be in the interest of the developers and transmission system operators. The developers will have a large interest in beginning with the actual construction of the wind farm, and the transmission system operators will need to proceed with the planning of the cable connection. Even though improvements remain necessary the introduction of Section 17 (2a) S.3 EnWG can be considered a success.
AFRIKAANSE OPSOMMING: Met die inwerkingstelling van afdeling 17 van die EnGW (Duitse Energie Ekonomie Wet), het die regering 'n nuwe situasie geskep vir die komplekse verhouding in die Duitse see-gebonde wind-energie industrie. Die transmissie stelsel operateurs word nou verplig om nie net die verbinding met die wind-plaas te verskaf nie, maar moet ook die ontwikkelaar van die aanleg vergoed vir enige kostes wat hulle aangegaan het met die beplanning van die verbinding tussen die windplaas en die elektrisiteits-netwerk. Vooruitskattings het voorspel dat verskeie see-gebonde windplase operasioneel sou wees teen 2007. Geen ontwikkelingsmaatskappy het egter al tot dusver verder as die beplanningstadium gevorder nie. Desnieteenstaande, die spoedige ontwikkeling van die see-gebonde wind industrie is onontbeerlik in die Duitse mikpunt om 20% van energiebehoeftes op te wek vanuit hernubare bronne teen 2020 en om dus klimaatsverandering teen te werk. Dit is ook belangrik vir werkskepping in Duitsland en vir die uitvoer van energie tegnologie. Spoedige groei in die industrie sal uiteindelik dividende lewer soos seegebonde wind-energie deur ander lande ontwikkel word en gevolglik op Duitse ervaring moet staatmaak. Onder hierdie omstandighede het afdeling 17 (2a) 5.3 van die EnGW 'n positiewe effek op seegebonde ontwikkeling. As gevolg van die dempende effek wat finansiele beperkinge het op die verwagtinge van ontwikkelaars sal die terugbetalings welkome verligting bied. Dit is egter nodig om 'n bree interpretasie van afdeling 17 (2a) 5.3 van die EnGW te gebruik om die mikpunt van werklike bevordering van seegebonde ontwikkeling te bewerkstellig soos die wetgewer beoog. So 'n bree interpretasie sal lei tot spoedige implimentasie van die nuwe wet omdat dit in die belang van ontwikkelaars en transmissie-netwerk eienaars sal wees. Die ontwikkelaars sal baat daarby om spoedig met ontwikkeling te begin, terwyl die netwerk operateurs vordering sal moet maak met die beplanning van die kabel-verbinding. Ten spyte daarvan dat verdere verbeteringe nodig is kan die inwerkingstelling van afdeling 17 (2a) 5.3 van die EnGW as 'n sukses gereken word.
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Caneparo, Camila Juliana Francisco. "Políticas públicas de proteção animal: o programa RDPA do município de Curitiba e sua efetividade perante o direito ambiental." Universidade Tecnológica Federal do Paraná, 2014. http://repositorio.utfpr.edu.br/jspui/handle/1/1003.
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O presente trabalho inicia-se com a pesquisa bibliográfica que permitiu a apresentação das disposições normativas acerca da proteção jurídica do meio ambiente, nela incluída os animais domésticos. O conjunto normativo pátrio e estrangeiro evoluiu quanto ao amparo ambiental, vislumbrando-se nova postura do Poder Público em decorrência dos atuais paradigmas da sociedade, que vem cada vez mais se preocupando com a preservação dos recursos ambientais e dos demais elementos ecológicos. Percebe-se que atualmente a garantia dos direitos dos animais não se restringe apenas aos silvestres e exóticos, mas resta consagrada a dos domésticos (como cães e gatos), principalmente pelas disposições constitucionais. No que diz respeito ao tema políticas públicas, é conceituado como o plano de ações governamentais para concretizar os direitos coletivos da sociedade, tendo sido discorrido especificamente acerca das políticas voltadas ao bem-estar dos animais domésticos, com a descrição de exemplos de ações implementadas em diversos locais. Por conseguinte, apresenta-se o programa Rede de Defesa e Proteção Animal do Município de Curitiba (RDPA), referenciando-se seu histórico, objetivos, ações e resultados por meio da pesquisa qualitativa. Diante desses dados, constata-se a efetividade do programa estudado à luz das disposições legais e principiológicas a ele aplicáveis, pois vem executando ações de cunho educacional como a propagação da Guarda Responsável e do Projeto Veterinário Mirim. Ainda, disponibiliza castração para famílias de baixa renda, consideradas vulneráveis pela FAS e em situação de risco para a COHAB, bem como para protetores independentes, medida que se mostra efetiva para diminuir a natalidade e não ocasiona sofrimento aos animais. Os maus-tratos têm sido combatidos principalmente por ações de fiscalização nos estabelecimentos que comercializam os animais, em que se averigua se há o atendimento à legislação. Por fim, o Município tem divulgado o evento Feira Amigo Bicho e cedido espaço no Parque Barigui para ONG’s e protetores levarem animais para serem doados. Foram apresentadas propostas para o aperfeiçoamento do programa ora estudado, como a averiguação de implantar a isenção fiscal para estimular comportamentos ecologicamente corretos e o custeio de ações do programa. Outra sugestão indicada, por exemplo, foi a análise da viabilidade de instaurar chamamento público por parte do ente municipal responsável pela RDPA para obtenção de patrocínio, em que as patrocinadoras divulgam suas logomarcas e em contrapartida custeiam castrações, vacinações e microchipagens.This dissertation begins with a bibliographic research that allowed the presentation of the legislative provisions concerning the legal protection of the environment, included domestic animals. The national and foreign laws evolved as environmental protection, with a new position of the Government due the current paradigms of the society, which increasingly is concerned with the preservation of environmental resources and other environmental elements. Currently it is noticed that the rights of animals are not only restricted to wild and exotic, but also to the domestics (dogs and cats), mainly by constitutional provisions. In relation to public policy subject, it is conceptualized as the governmental action plan to achieve the collective rights of society, having been specifically discoursed on policies focused at domestic animals welfare, with some examples of actions in several locations. Therefore, it is presented the DNAP Program of Curitiba (RDPA), referencing its history, objectives, actions and results through qualitative research. Given these data, it is noted the effectiveness of the studied program under the law and set of principles applicable to it, because it is implementing educational actions as the Responsible Guard and Veterinary Project Mirim (Young Officers). It also offers castration for families considered vulnerable by FAS and in situation of risk to COHAB and low income families, as well for independent protectors, effective measure to reduce the birth rate and does not cause suffering to animals. The maltreatments are being tackled mainly by enforcement actions in the establishments that sell animals, where it is examined if there is compliance with the law. Finally, Curitiba has divulged the event Feira Amigo Bicho (Animal Friend Fair) and ceded space in the Barigüi Park for NGOs and protectors take animals to be donated. Proposals for improving the program were presented, as the possibility of implementation of tax exemption to encourage environmentally friendly behaviors and the costing of program actions. Another suggestion indicated, for example, was the feasibility analysis of establish a public invitation by the municipal entity responsible for DNAP to obtain sponsorship, where the sponsors disclose their logos, but paying for castrations, vaccinations and microchips implants.
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Lehmann, Hélène. "Le médicament à base de plantes en Europe : statut, enregistrement, contrôles." Phd thesis, Université de Strasbourg, 2013. http://tel.archives-ouvertes.fr/tel-00936734.
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La phytothérapie consiste en l'utilisation thérapeutique de plantes ou de médicaments à base de plantes, sous forme de spécialités pharmaceutiques, de préparations (magistrales ou officinales) ou de produits officinaux divisés. On entend par médicament à base de plantes (MABP) " tout médicament dont les substances actives sont exclusivement une ou plusieurs substances végétales ou préparations à base de plantes ou une association d'une ou de plusieurs substances végétales ou préparations à base de plantes ". Il s'agit donc de médicaments à part entière qui sont ainsi soumis aux mêmes exigences de qualité que celles requises pour tout autre médicament. La directive 2004/24/CE, permet toutefois quelques assouplissements autorisant à fournir des données toxicologiques et cliniques purement bibliographiques, lorsque les conditions requises pour pouvoir bénéficier d'un tel "enregistrement de l'usage traditionnel" sont remplies. Quant aux médicaments dont l'usage médical est "bien établi", ils peuvent également faire l'objet d'une dispense d'essais cliniques, mais les données toxicologiques les concernant doivent néanmoins être fournies. Cette législation européenne vise à garantir au patient la qualité, la sécurité et l'efficacité des remèdes qu'il consomme, à permettre le libre choix thérapeutique, la libre circulation des médicaments au sein de l'Union Européenne ainsi que la préservation des ressources naturelles végétales et le respect de la propriété intellectuelle et pourrait inspirer d'autres pays du monde qui ne disposent pas à ce jour des outils législatifs nécessaires à la réglementation de leurs remèdes traditionnels, en particulier les pays africains.
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Corsea, Elin Anoshe, and Sinead Cassandra Sammy. "Barns rättigheter : En komparativrättslig studie om förståelse avvåld mot barn i hemmet i Sverige och Sydafrika." Thesis, Södertörns högskola, Juridik, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:sh:diva-41913.
Full textAbstract:
The purpose of this study is to investigate how South African and Swedish legislation as wellas case law regarding domestic violence and punishment against children is presented in bothlegal systems. Two methods are used as help to answer the two core questions in this thesis.The result of the study showed that the definitions of physical, psychological and sexual abusein both countries are listed as the same assaults and each country has an obligation to relocatechildren that have been exposed to those forms of violence. Many children in both countrieshave experienced some type of domestic violence during their childhood which makes theinstitutions whom work and have qualifications in questions regarding abused children toprotect them from all forms of violence and have to strive more in order to make a better livingfor the next generations forward. When it comes to decision making courts and authorities inboth countries have an obligation to always act in the child’s best interest which clearly appearsin both constitutions.
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Bortoluzzi, Chiara. "La sécurité des médicaments. Législation pharmaceutique européenne et indemnisation des risques médicamenteux." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020025.
Full textAbstract:
Un niveau élevé de protection de la santé humaine est assuré dans la définition et la mise en oeuvre de toutes les politiques et actions de l’Union européenne. L’une des politiques les plus importantes, conformément aux enjeux de santé et au développement économique, est celle des médicaments. Leur sécurité est garantie par un cadre juridique donné par une législation pharmaceutique d’envergure présidant à l’octroi de l’autorisation de mise sur le marché et au suivi post-autorisation. Ce cadre juridique est supporté par un dispositif institutionnel d’exception, caractérisé par une interaction étroite entre l’Agence européenne des médicaments, la Commission européenne et les autorités nationales compétentes. Il a récemment été réformé à travers la nouvelle législation de pharmacovigilance. Le concept de sécurité sanitaire est ainsi devenu le principe directeur de la gestion du risque pharmaceutique. Toutefois, lorsque le risque inhérent à tout produit pharmaceutique se manifeste, le dommage médicamenteux se produit ainsi que la demande de réparation. Face à la nécessité d’indemniser les victimes de tels accidents, les réponses nationales des systèmes juridiques français et italien, par les biais de la responsabilité civile de droit commun et de la responsabilité du fait des produits défectueux issue de la directive 85/374/CEE, se révèlent inefficaces, car peu respectueuses de la spécificité du médicament. Ce constat conduit à plaider en faveur d’une dissociation entre responsabilité et indemnisation, en garantissant cette dernière à travers la création d’un fonds d’indemnisation général pour les dommages médicamenteux à participation mixte public-privé. Cette solution garantit une socialisation des risques justifiée par le caractère social du risque thérapeutique. Cela constitue le contrepoids aux dangers inhérents aux innovations de la science, tout en faisant profiter les malades des bénéfices thérapeutiques de demain. En prônant une approche holistique de la politique du médicament, la proposition de ce fonds constitue un instrument d’une politique de santé publique qui ne voit dans l’indemnisation des risques médicamenteux qu’un complément et un prolongement de la garantie de sécurité à la base de la législation pharmaceutique européenneThe definition and implementation of the European Union’s policies and activities guarantee a very high level of human health protection. One of its most important policies, in accordance with the relative health and economic development issues, is that on medicinal products. Drug safety is guaranteed by a legal framework, constructed on the pharmaceutical legislation laying down rules and procedures for obtaining marketing authorisation and for post authorisation monitoring. This legal framework is supported by a special institutional system,which in particular ensures close interaction between the European Medicines Agency, the European Commission and the national competent authorities. This legal framework has recently been revised as a result of the new pharmacovigilance legislation. As such, health safety has become a key directive in managing pharmaceutical risk. Yet, whenever a risk relating directly to a particular pharmaceutical product becomes apparent, medical damages and compensation claims arise. The response of the national French and Italian legal systems to the application for compensation of the victims of such accidents, by way of the ordinary rules of civil liability and the liability for defective products as defined in Council Directive85/374/EEC, has proven ineffective: they fail to take into account the specific nature ofpharmaceutical products. Based on this observation, there is a sound case for separating liability from compensation: the latter can be guaranteed by setting up a general compensationfund for medical damages, with both public and private sector participation. This solutionwould guarantee a socialisation of risks that is justified by the social nature of therapeutic risk. It would provide a counterbalance to the dangers inherent in scientific innovation, whilst simultaneously allowing patients to benefit from future therapeutic developments. By advocating a holistic approach to drug policy, this proposed compensation fund would act as apublic health policy instrument, in the context of which compensation for medical risks would only be considered an addition to, and extension of, the security guarantee that constitutes the cornerstone of the European pharmaceutical legislation
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Singh, Sandhiya. "The eradication of domestic expediency by the African court on human and peoples' rights : lessons from Europe." Thesis, 2003. http://hdl.handle.net/10413/9519.
Full textAbstract:
The proposed African Court on Human and Peoples' Rights is an important
development in the history of Africa. For the first time, there will be a regional
judicial mechanism for the adjudication of human rights issues. The difficulty
may lie in the manner in which the Court applies its discretion in relation to
the doctrine of margin of appreciation and derogations. As a subsidiary body
that has a power of review, the Court must tread warily when applying these
principles. Lessons may be learnt from the well established European Court of
Human Rights which has applied and developed the doctrine of margin of
appreciation and has had occasion to examine the manner and extent of
derogations from the European Convention. Applying this knowledge in an
African context is important, but there must be discretion in that application
that takes the particular circumstances of Africa into account.Thesis (LL.M.)-University of Durban-Westville, 2003.
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Manthwa, Tshepo Aubrey. "Recognition of domestic partnerships in South African law." Diss., 2015. http://hdl.handle.net/10500/20073.
Full textAbstract:
With the advent of a new constitutional dispensation in South Africa, intimate relationships that were not formally recognised, such as customary marriages, became fully recognised through designated legislation. Domestic partnerships are, however, afforded only limited recognition despite compelling reasons that lead people to domestic partnerships. Domestic partners are also discriminated against based on marital status despite a Constitution that forbids discrimination based on equality, human dignity and marital status. The object of this study is to investigate whether there are sufficient grounds to afford domestic partnerships full recognition similar to that granted to civil marriage. This study includes arguments in favour and against the recognition of domestic partnerships and a discussion of the reasons that lead people into domestic partnerships. There will also be an analysis of the draft Domestic Partnership Bill 36 of 2008 to determine the suitability of the draft Bill to regulate domestic partnerships. This investigation is conducted with reference to relevant draft Bills, legislation, and case law.Private Law
LLM
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Hamilton, Melissa. "Judicial discourses involving domestic violence and expert testimony." Thesis, 2006. http://hdl.handle.net/2152/2515.
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Massyn, Clive. "The employment contract in private international law." Thesis, 2014. http://hdl.handle.net/10210/10761.
Full textAbstract:
LL.M. (International Commercial Law)“It is in this very context of employment relationships which have a cross-border dimension that conflict of law between individual legislative systems in the area of employment law raise complex questions of law. One of the consequences of this is that they often present the courts … which are called upon to determine the law applicable to an employment contract with considerable problems. Alongside the customary difficulties associated with interpreting the employment contract comes the uncertainty as to what the best approach is to determining the applicable law. These difficulties in judicial practice are on the increase as it becomes more common for workers to be posted, more EU citizens avail themselves of the freedom of movement for workers and more undertakings enter into relationships with firms overseas or operate places of business in other countries. The – temporary or indefinite – posting of large numbers of employees has become an important aspect of international economic relations, not only within the European internal market but, more generally, throughout the world. It is for that very reason that there is an urgent need for conflict of law rules which offer the contracting parties foreseeable solutions to the numerous problems that affect employment relationships...”Like Advocate General Trstenjak, South African writers are not ignorant of the complications that international contracts of employment bring. As correctly pointed out by Calitz, globalisation has resulted in many South African employees increasingly working for South African employers outside of South Africa and the determination of any disputes that may arise in these unique employment relationships requires the application of conflict of laws. This is problematic and the present author submits that there is a lacuna in South African private international law in respect of employment contracts involving a foreign element. A number of factors have contributed to this gap in South African private international law, namely the infrequency with which judges in South African courts have been called upon to determine such issues.
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Moodaliyar, Kasturi. "The abused women in South Africa : statutory implications and the use of mediation to resolve domestic violence disputes." Thesis, 2000. http://hdl.handle.net/10413/5285.
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Damarupurshad, Ashok Kumar. "Proposals for the regulation of the South African precious metals industries in the light of domestic and global developments." Thesis, 2016. http://hdl.handle.net/10539/20592.
Full textAbstract:
A thesis submitted to the Faculty of Engineering and the Built
Environment, University of the Witwatersrand, Johannesburg, in
fulfilment of the requirements for the degree of Doctor of
Philosophy.
Johannesburg, 2016The Precious Metals Industry in South Africa is highly-regulated compared with other mining and trading countries in the western world which have either deregulated their precious metals industries, have only partial controls or have never seen the need to regulate gold and platinum-group metals specifically. South Africa has a specific Act of parliament, the Precious Metals Act, 2005 (a modification of Chapter 16 of the Mining Rights Act, 1967), that regulates possession, trading and manufacture of precious metals. Apart from the Russian Federation, no other country in the world regulates gold and platinum-group metals possession, trading and fabrication to the extent still done in South Africa. The requirement for such stringent controls was based on the country’s pre-eminence in the production of gold and platinum over the past fifty years, exchange controls (in the case of gold) and the contribution of gold and platinum-group metals to foreign exchange earnings and to the country’s economy as a whole. However, much has changed in South Africa, in the world and indeed in the precious metals industries domestically and globally and this work is the first attempt to discuss and analyse developments and proposals that are impacting on the regulation of the precious metals industries in South Africa. Of these, the World Gold Council’s Conflict-Free Gold Standard provides a case for industry self- regulation to complement, or substitute for government regulation in future. The hypothesis at the Proposal Stage of this study was that the precious metals industry in South Africa is over-regulated and should be deregulated. In this study, this hypothesis is explored and debated. The Resource Nationalism -motivated proposals, including Producer-Country Price for Platinum, OPEC-type trade bloc for platinum, precious metal exchange and single-channel marketing of platinum, were analysed in this study. It was concluded that these are wanting in terms of cost/benefit or problematic in terms of international agreements and trade and competition laws. iii The Precious Metals Act, 2005 itself was also critically analysed with a view to evaluating what could be regulated better or deregulated in the light of recent developments and proposals. It was found, ironically, that the old problem of illegal mining and trading needs to be brought under control before deregulation of the precious metals industry can begin. Nevertheless, in the run-up to deregulation (in an estimated 10 to 15 years), industry self-regulation, co-regulation (with industry) hallmarking, and a re-examination of how beneficiation is promoted should be considered.
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Kimble, Matthew Blain. "A comparative analysis of the domestic regulatory systems aimed at eradicating the practice of mercenarism without criminalising the legitimate private military and security industry." Thesis, 2013. http://hdl.handle.net/10413/10932.
Full textAbstract:
There is general consensus that mercenarism is and should remain prohibited. The difficulty
that has arisen is firstly one of defining the exact nature of mercenarism, and more
specifically what actions constitute mercenary actions. A further difficulty arises in that much
of the legislation intended to outlaw mercenarism is impacting on the legal activity of private
military and security contractors, who fall short of the definitional requirements of
mercenarism. The two groups being so closely linked that they are often mistakenly conflated
. There is currently a need to develop a response to the private military security industry,
which is better suited to effectively regulate their activities, whilst also effectively
criminalising the activities of those who actions amount to mercenarism.
The dissertation therefore sets about analysing how these two distinct sectors: mercenaries
and private military security companies, are regulated at an international and domestic level.
It then uses the lessons learnt from these regulator attempts, and the various policy
considerations which countries have to make, to propose a way forward in creating an
effective regulatory system for mercenaries and private military companies at an international
and domestic level.Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2013.
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Webber, Craig William Alec. "The decline of dualism: the relationship between international human rights treaties and the United Kingdom's domestic counter-terror laws." Thesis, 2012. http://hdl.handle.net/10500/10348.
Full textAbstract:
In the first half of the 20th Century, the United Kingdom’s counter-terror laws were
couched extremely broadly. Consequently, they bestowed upon the executive
extraordinarily wide powers with which it could address perceived threats of
terrorism. In that period of time, the internal affairs of any state were considered
sacrosanct and beyond the reach of international law. Consequentially, international
human rights law was not a feature of the first half of the 20th Century.
Following the war, however, international human rights law grew steadily, largely
through the propagation of international treaties. As the 20th Century progressed, the
United Kingdom became increasingly involved in international human rights law,
particularly by way of the ratification of a number of treaties. Prior to the year 2000,
none of these treaties had been directly incorporated into the United Kingdom’s
municipal law. The traditional Dualist understanding of the relationship between
international treaty law and municipal law in the United Kingdom, would hold that
these unincorporated human rights treaties would form no part of that state’s domestic
law.
This Dualist assumption is called into question, however, by a legislative trend which
neatly coincides with the United Kingdom’s increased involvement with international
human rights. This trend consists of two elements, firstly, the progressively plethoric
and specific ways in which the United Kingdom began to define its anti-terror laws.
The specificity in which this legislation was set out curtailed the executive’s powers.
The second element is that, over time, the United Kingdom’s counter-terror laws
increasingly began to include checks and balances on the executive. There is a clear
correlation between these trends and the United Kingdom’s evolving relationship with
international human rights law. That nation’s enmeshment with international human
rights law from 1945 onwards is undeniably linked with the parallel evolution of its
domestic counter-terror laws.
v
One of the grounds on which the status of international law is questioned is that it is
ineffectual. This thesis calls such arguments into question, as it shows that
international human rights treaties have meaningfully impacted on the United
Kingdom’s evolving counter-terror laws and thereby successfully enforced the norms
they advocate.Public, Constitutional, & International
LL.D.
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Madonsela, Thembekile Gwendoline. "The perspectives of marital couples in Alexandra Township on the protection order under the Domestic Violence Act 116 of 1998." Thesis, 2008. http://hdl.handle.net/10210/1240.
Full textAbstract:
M.A.Domestic violence is widespread in South Africa, with one in four women being the victims of it. Victims of domestic violence try to change their conditions in the hope that things will get better. Domestic violence takes many forms. Some of the victims experience only one form of violence while others experience different forms. Domestic violence has physical, emotional, sexual, and economic dimensions (Goosen and Shaik, 1998: 1). The Domestic Violence Act 116 of 1998 was passed in the South African Parliament and became operational on 15 December 1999. Unlike the old Act (i.e. the Prevention of the Family Violence Act of 1993), the new Act addresses a number of problems specific to domestic violence. It also recognizes the range of relationships within which domestic violence occurs as broader than only the relationship between a man and a woman. (Fedler in Reclaiming Women’s Spaces, 2000: 132). Gangaloo (in Naidoo, 1999: 17) mentioned that the preamble of the Domestic Violence Act aims to provide protection to the victims of domestic violence. The Protection Order under the Domestic Violence Act orders that perpetrators of domestic violence stop their violent behaviour against the victims and also that they be of good behaviour towards them. The research problem of the study can be formulated as follows: After the implementation of the Domestic Violence Act 116 of 1998, on 15 December 1998, a number of victims of domestic violence applied for and were granted the Protection Order in Alexandra Township. However, no follow-up studies have been done in Alexandra on the perspectives of the affected marital couples on the Protection Order. The main goal of the study is to explore the perspectives of marital couples in Alexandra Township on the Protection Order under the Domestic Violence Act 116 of 1998 with the intention of finding out whether the Act is achieving its primary purpose, i.e. to protect victims of domestic violence. The objectives of the research study are: * To explore perceptions on the impact of the Protection Order on family stability * To investigate the attitude of affected marital couples towards the Protection Order * To investigate the understanding of the Protection Order by affected marital couples * To investigate, using the results of the study, whether the Protection Order is achieving its primary purpose – i.e to protect victims of domestic violence. The researcher will be using qualitative research method to conduct the study. The goal of the study is exploratory as it will add new information and knowledge to the field of domestic violence. The research will focus on marital couples, married either in a civil or customary marriage, who applied for and were granted the Protection Order between January 2000 to January 2001. The age group of the respondents varies from 30 to 55 years. The research results of the study show that legal remedies alone will not eradicate domestic violence. The study demonstrates that physical violence may have stopped but victims are still abused emotionally.
MS. H.F. Ellis