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Dissertations / Theses on the topic 'Educational law and legislation, great britain'
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Lee, Yin Harn. "Videogame modifications under copyright law." Thesis, University of Cambridge, 2015. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.709009.
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Georgescu, Ana-Luiza. "Certain tax aspects of corporate divisive reorganizations in Canada and the UK." Thesis, McGill University, 2004. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=81470.
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A divisive reorganization involves a series of transactions having as effect and purpose the division of the trading activities carried on by a single company or group of companies between two or more companies or groups of companies. This can be achieved by a sale of assets or by a transfer of shares belonging to the corporation to be divided, which would generally give rise to taxable capital gains.The thesis analyzes the tax implications of these two approaches, with particular focus on the latter, attempting a comparative view over the UK and Canadian relevant provisions. The two substantive chapters present the UK and, respectively, Canadian rules governing the treatment of disposal of corporate assets and shares, the available reliefs from capital gains taxation, as well as the special requirements for achieving tax-free demergers. Conclusions are aimed at suggesting a more simplified approach for Canadian divisive reorganizations, with a greater degree of codification.
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Kruger, Leander. "Comparison of taxation reforms regarding retirement funding between South Africa and the United Kingdom." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/18200.
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The purpose of this study was to review the provision of public and private retirement funding in both South Africa and the United Kingdom and the role of taxation in encouraging greater private provision for retirement. The study described the basis of taxation and determination of ‘taxable income’ in each jurisdiction, before addressing the relationship between taxation and retirement funding in each jurisdiction respectively. Both jurisdictions have introduced significant reforms of their systems of retirement funding and these reforms were accordingly addressed in the present research. The study compared the two jurisdictions based on the above mentioned areas to determine similarities or differences. The study concluded with recommendations, these being that South Africa should assess the feasibility of providing greater State provided retirement funding by possibly including a mandatory contribution, such as that used by the UK for its single-tier flat rate New State Pension. A further recommendation was that South Africa should encourage greater provision of private retirement funding by considering even greater tax deductions for contributions.
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Mehta, Khurram Alex. "The experience of integrated pollution control : perspectives from industry." Thesis, University of Oxford, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.670234.
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Waters, Ian Benjamin. "Australian conciliar legislation prior to the 1917 Code of Canon Law: A comparative study with similar conciliar legislation in Great Britain, Ireland, and North America." Thesis, University of Ottawa (Canada), 1990. http://hdl.handle.net/10393/5997.
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Moses, Julia Margaret. "Industrial accident compensation policies, state and society in Britain, Germany and Italy, 1870-1925." Thesis, University of Cambridge, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.609115.
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Violet, Ian. "The allocation of responsibility for the maintenance of the single parent family." Thesis, University of British Columbia, 1990. http://hdl.handle.net/2429/28828.
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The social problem under investigation is that of widespread poverty amongst households comprising minor chidren and a lone parent, whether this household has arisen due to a birth outside a stable union, separation, divorce or widowhood. The scale and features of this poverty are identified with reference to demographic data from Canada and the United Kingdom.
Possible policies for reform are identified through a thorough review of literature from the Commonwealth and the United States. Special attention is paid to empirical investigations and the relationship between public and private support of single parent families.
Whilst none of the four hypothetical reforms proposed - a system of insurance, rigorous enforcement of court orders, constraining judicial discretion, expanded rights to public support - is unconditionally accepted, only insurance is rejected as offering nothing of value. The conclusion is that the non-custodial parent's responsibility for his or her children must continue to be emphasised but that public resources should be expended with a view to assisting the single parent to obtain, enforce and periodically vary orders in favour of the children. For the single parent himself or herself, the aim must be to reverse the current process of marginalisation within society and this independence can best be achieved by reforms of the labour market rather than by reforms of the legal process.Law, Peter A. Allard School of
Graduate
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Weston, Tracey Lee. "A comparison of the effectiveness of the judicial doctrine of "substance over form" with legislated measures in combatting tax avoidance." Thesis, Rhodes University, 2004. http://hdl.handle.net/10962/100.
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Taxation statutes often provide opportunities for tax avoidance by taxpayers who exploit the provisions of the taxing statute to reduce the tax that they are legally required to pay. It is, however, important to distinguish between the concepts of tax avoidance and tax evasion. The central issue, especially where the contract has no business purpose, is whether it is possible for the substance and legal form of the transaction to differ to such an extent that a court of law will favour the substance rather than the legal format. The debate is whether the courts should be encouraged to continue with their "judge-made" law or whether the tax jurisdictions should be supporting a legislative route as opposed to a judicial one, in their efforts not only to combat tax avoidance but also to preserve taxpayer certainty. The question is whether the Doctrine of "Substance over Form" as applied by the judiciary is effective in combating tax avoidance, or whether a legislated general anti-avoidance provision is required. An intensive literature survey examines the changes which have occurred in the application of judicial tests from the 1930's to date and investigates the different approaches tax jurisdictions follow in order to combat tax avoidance. The effect of the introduction of anti-avoidance provisions in combating tax avoidance is evaluated by making a comparison between the United Kingdom and South Africa. [n the United Kingdom, the courts are relied on to create anti-tax avoidance rules, one of which is the Doctrine of "Substance over Form". The doctrine is very broad and identifies various applications of the doctrine, which have been developed by the courts. In South Africa, the Doctrine of "Substance over Form" has been applied in certain tax cases; however the South African Income Tax Act does include anti-tax avoidance sections aimed at specific tax avoidance schemes, as well as a general anti-tax avoidance measure enacted as section 103. The judicial tests have progressed and changed over time and the introduction of anti-avoidance legislation in the Income Tax Act has had an effect on tax planning opportunities. A distinction needs to be made between fraudulent and bona fide transactions while recognising the taxpayer's right to arrange his or her affairs in a manner which is beneficial to him or her from a tax perspective. Judicial activism and judicial legislation in the United Kingdom has created much uncertainty amongst taxpayers and as a result strongly supports the retention of a general anti-avoidance section within an Income Tax Act. A general anti-avoidance provision, following a legislative route, appears to be more consistent and effective in combating tax avoidance.
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Abi, Chacra Charbel. "L'influence de l'évolution du gouvernment d'enterprise sur les dirigeants des sociétés : essai de droit comparé (France et Angleterre)." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101811.
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The essence of running an enterprise which is defined as a system by which the companies are lead and compared is generally set in priority terms. For some, they favour in the first instance to secure the economic efficiency then to scope with the social problems at a later stage---'Shareholder model'. Others are inclined to consider that the priority lies into an environmental, sharing and caring society etc.---'Stakeholder model'.Where the evolution of the corporate governance is going to lead to? And how does it affect the directors' responsibility?
After a thorough study of its European evolution in particular in France and England, we figure out that raising the black flag of the stakeholder theory will end up into an ideology completely false dislodging the concept of the natural reality around us. On the other side, claiming the predominance of the sole shareholder system will become a dangerous apprehension opposing the objective of this theory: In our perspective we see that the ultimate global wealth of the enterprise in the long run is closely linked to the consideration and the deep satisfaction of the needs and the interests of the different parties joining the enterprise.
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Blackham, Alysia Paige. "Extending working life for older workers : an empirical legal analysis of age discrimination laws in the UK." Thesis, University of Cambridge, 2015. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.709060.
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Chan, Wai-man, and 陳偉文. "The control and management of dangerous substances and chemicals in Hong Kong." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1998. http://hub.hku.hk/bib/B31253945.
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Sheppard, Maria Kreszentia. "The destabilising effects of patient choice : law, policy, politics & the paradox of complementary alternative medicine in the NHS." Thesis, Queen Mary, University of London, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.612582.
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Pond, Keith. "Investigating personal insolvency : a progression of studies into individual voluntary arrangements." Thesis, Loughborough University, 2007. https://dspace.lboro.ac.uk/2134/3039.
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This doctoral submission represents over ten years of focused research that has resulted in a unique collection of academic and professional articles. The epithet "unique" is adopted to reflect that over those years this area of study has been relatively untouched by other academic researchers. This submission presents a total of eight academic and seven professional journal publications that chronicle the major output of numerous research projects undertaken between 1992 and 2002. The publications adhere to a central aim - to investigate the practical use and complex interactions between stakeholders of the individual insolvency rescue vehicle the Individual Voluntary Arrangement (IVA). The research projects employed a variety of relevant methodologies to populate an emerging conceptual model of the prime factors affecting the incidence, usage and outcomes of IVA cases. The first five articles report and develop the data collected during the various projects. The articles build on each other, analysing results and comparing these with previous studies to underline reliability in the data. The final three articles draw threads from the research data and develop the conceptual model further. As a research progression this submission contains all of the necessary ingredients of a doctoral thesis. It focuses on a discrete body of knowledge, builds on a conceptual model, gathers valuable data and tests it, draws strong conclusions and, finally, establishes and contributes new theory in this area of study.
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Simon, Joanna. "Preventive terrorism offences : the extension of the ambit of inchoate liability in criminal law as a response to the threat of terrorism." Thesis, University of Oxford, 2015. https://ora.ox.ac.uk/objects/uuid:d60038d1-fc76-4845-8ea9-3f6e2c58129e.
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The aim of this thesis is to assess the justifications for various extensions of the criminal law introduced to combat terrorism, in particular those extensions that go beyond the existing remit of inchoate offences and extend liability to earlier acts and intentions. Its method is to begin by exploring the principles of criminal law theory that ought to apply to such extensions; to interrogate the definition of terrorism; and then to examine four recent classes of offence in counter-terrorism legislation that extend the criminal law beyond its legitimate boundaries. These offences are collectively referred to in this thesis as 'preventive terrorism offences' to reflect the fact that the primary rationale for their enactment is to prevent terrorism. The thesis concludes by assessing the place of these offences within the government's overall counter-terrorism strategy, focusing in particular on the Prevent leg of the strategy, which aims to reduce extremism and tackle the root causes of terrorism. The preventive terrorism offences display several very troubling features, most notably that they have the potential to criminalise non-wrongful conduct. It is argued that by virtue of their ability to criminalise non-wrongful conduct the offences under examination diminish the legitimacy and moral force of the criminal law. Furthermore, by extending inchoate liability to very remote acts of preparation, possession, encouragement, and association, the criminal law occupies the same operational space as measures under the Prevent strategy that are intended to be reintegrative. This overlap has the potential to render the offences counterproductive to the larger counter-terrorism endeavour by creating the perception that the Prevent strategy is in fact a covert surveillance mechanism to gather intelligence for future prosecutions. This perception leads to further mistrust and alienation of individuals and communities who feel disproportionately targeted by these measures. Thus, the offences not only offend criminal law principles and values, but also have the potential to offend the very preventive justification that is given for their enactment.
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Wigglesworth, John Michael. "Planning law and administration in Hong Kong, with particular reference to the position in the United Kingdom." Thesis, [Hong Kong : University of Hong Kong], 1986. http://sunzi.lib.hku.hk/hkuto/record.jsp?B12322507.
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Brown, Abraham K. "Tobacco policy influence on denormalisation of smoking." Thesis, University of Stirling, 2009. http://hdl.handle.net/1893/1791.
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The social norms concept provides a fresh basis for thinking about how public health policies and campaigns impact health behaviour. Social norms offer much promise to the field of public health, nonetheless, the potential role of norms in changing health behaviour have not been fully embraced. This thesis demonstrates that one of the mechanisms by which national level policies (e.g. tobacco control) can promote health behaviour change, such as an increase in quit intentions, is by making smoking less normative and an undesirable behaviour. This study is vital as it provides a broad conceptualization of tobacco denormalisation and shows how its reasoning is able to influence normative beliefs and smoking behaviour. A review of literature was carried out to establish the generic origins of denormalisation as well as demonstrate that this approach (i.e. social norms) has been widely adopted in schools and college settings to influence health behaviour. As a broader perspective of this thinking was imperative to address public health issues at a societal level, tobacco control was employed to investigate how individual polices influence behaviour and normative beliefs. The research methodology used was pluralistic in nature, given that the majority of past tobacco control policy studies employed either quantitative or qualitative methods. Thus adopting both methods a richer amount of data would be obtained in order to generate an improved understanding of how public policy affects norms and smoking behaviour. To empirically examine the relationship between public policy, social norms and smoking behaviour a broad conceptualization was developed to investigate the normative pathways between national level tobacco policy effects on youth and adults’ smoking behaviour. Quantitative results from the longitudinal study, the International Tobacco Control (ITC) Scotland/UK survey, indicate that a comprehensive smoke-free law that covers, without exception, an entire nation (i.e. Scotland) has increased adult smokers’ perceived social unacceptability of smoking, to some extent higher in Scotland than rest of the UK which, in turn, is associated with quit intentions at follow-up, in both countries. The examination of data from the UK Youth Tobacco Policy Study (YTPS) also demonstrated that the influence of tobacco marketing awareness on adolescents’ smoking intentions is mediated by perceived norms. Prior to the enactment of the UK Tobacco Advertising and Promotion Act (TAPA), higher levels of awareness of tobacco advertising and promotion were independently associated with higher levels of perceived sibling approval which, in turn, were positively related to smoking intentions. Independent paths from perceived smoking prevalence and benefits fully mediated the effects of advertising and promotion awareness on intentions, during and after the enactment of the TAPA. Results from the qualitative study generally supported the quantitative findings and provided new insights into how adolescents’ normative beliefs and smoking behaviour are influenced by tobacco control policies. The qualitative group discussion suggests that smoke-free legislation and anti-smoking ads influence perceptions of prevalence, acceptability and smoking behaviour. A number of theoretical implications were presented, including the belief that social norms campaigns and interventions must be focal and salient in individuals’ consciousness so as to effect the desired behaviour change. A theoretical framework of the various normative mechanisms should consequently be integrated into tobacco control policies and norm-based interventions to work in a synergistic manner to influence health-related behaviour. Practical implications of this conceptualization include the view that, instead of public health interventions focusing on conventional approaches (for example, scare tactics), an appropriate strategy would be to incorporate specific information that corrects normative misperceptions and ambiguities among referent populations at individual and societal levels, with consequential normative and health behaviour change. It is recommended that future research employing tobacco industry perceptions and possibly a descriptive norm as additional normative mediators, aside from unacceptability, would be of value to examine whether smoke-free legislation influences quitting partly via changing favourable tobacco industry perceptions, social acceptability of smoking and perceived prevalence of smoking. To sum up, the findings demonstrate that societal level policy measures such as smoke-free legislation and the TAPA are critical elements of a comprehensive tobacco control program that can significantly influence adult smokers’ quit intentions and reduce adolescents’ smoking intentions respectively, by signifying smoking to be less normative and to be socially unacceptable.
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Dyson, Jessica. "Staging legal authority : ideas of law in Caroline drama." Thesis, University of Stirling, 2007. http://hdl.handle.net/1893/366.
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This thesis seeks to place drama of the Caroline commercial theatre in its contemporary political and legal context; particularly, it addresses the ways in which the struggle for supremacy between the royal prerogative, common law and local custom is constructed and negotiated in plays of the period. It argues that as the reign of Charles I progresses, the divine right and absolute power of the monarchy on stage begins to lose its authority, as playwrights, particularly Massinger and Brome, present a decline from divinity into the presentation of an arbitrary man who seeks to impose and increase his authority by enforcing obedience to selfish and wilful actions and demands. This decline from divinity, I argue, allows for the rise of a competing legitimate legal authority in the form of common law. Engaging with the contemporary discourse of custom, reason and law which pervades legal tracts of the period such as Coke’s Institutes and Reports and Davies’ ‘Preface Dedicatory’ to Le Primer Report des Cases & Matters en Ley resolues & adiudges en les Courts del Roy en Ireland, drama by Brome, Jonson, Massinger and Shirley presents arbitrary absolutism as madness, and adherence to customary common law as reason which restores order. In this climate, the drama suggests, royal manipulation of the law for personal ends, of which Charles I was often accused, destabilises law and legal authority. This destabilisation of legal authority is examined in a broader context in plays set in areas outwith London, geographically distant from central authority. The thesis places these plays in the context of Charles I’s attempts to centralise local law enforcement through such publications as the Book of Orders. When maintaining order in the provinces came into conflict with central legislation, the local officials exercised what Keith Wrightson describes as ‘two concepts of order’, turning a blind eye to certain activities when strict enforcement of law would create rather than dissolve local tensions. In both attempting to insist on unity between the centre and the provinces through tighter control of local officials, and dividing the centre from the provinces in the dissolution of Parliament, Charles’s government was, the plays suggest, in danger not only of destabilising and decentralising legal authority but of fragmenting it. This thesis argues that drama provides a medium whereby the politico-legal debates of the period may be presented to, and debated by, a wider audience than the more technical contemporary legal arguments, and, during Charles I’s personal rule, the theatre became a public forum for debate when Parliament was unavailable.
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Hanekom, H. L. D. (Hendrik Lodewyk Deetlefs). "Die objek van outeursreg." Thesis, Stellenbosch : Stellenbosch University, 1989. http://hdl.handle.net/10019.1/66768.
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Thesis (LLM)--Stellenbosch University, 1989.ENGLISH ABSTRACT: English abstract not available
AFRIKAANSE OPSOMMING: Die tradisionele opvatting was dat Outeursreg gemoeid is met die beskerming van die materiele vorm waarin idees vasgele is. Sedertdien het die klem egter verskuif na die beskerming van die idee self mits dit egter in stoflike vorm vervat is. In hierdie tesis word ondersoek ingestel na wat presies die objek van Outeursreg is en watter rol stoflike aanbieding in Outeursreg sped. Ter aanvang word gekyk na die ontstaan en ontwikkeling van Outeursreg. Daar word gekyk na die pick wat Outeursreg in die regsisteem beklee met spesifieke verwysing na die tradisionele indeling van subjektiewe regte. Dit blyk hieruit dat Outeursreg, as bestaandeel van Immaterieel goedereg, 'n onstoflike regsobjek het nl. die produk van die outeur se geestesarbeid of dan sy idee. Die verwysing na die vereiste van stoflike aanbieding van idees verg egter nadere ondersoek. Die Wet op Outeursreg 98 van 1973 word ontleel met betrekking tot die aard van beskermde werke; vereistes vir Outeursregbaskerming; definisies van terme soos "outeur" en "maak" asook die van die onderskeie werke; die eiendomsregterminologie en skendingshandelinge. Regsvergelykend word oorsigtelik ook na die Amerikaanse Reg verwys. Uit hierdie ontleding blyk stoflikheid vir doeleindes van die tradisionele Outeursregwerke te verwys na tasbare aanbieding daarvan, mar dat sb 'n eng definisie nie gehandhaaf kan word ten opsigte van moderne tegnologiese ontwikkelings soos uitsendings en programdraende seine nie, aangesien hierdie werke van sä 'n aard is dat tasbare vasle:gging daarvan nie noodwendig altyd plaasvind nie. Onder die skrywers wat hierdie probleem bespreek is professors Copeling en Van der Merwe wat aan stoflikheid 'n alternatiewe, wyer betekenis toedig nl. kommunikeerbare of sintuiglik waarneembare aanbieding. 'n Botsing tussen die tradisionele en aanbevole definisie van stoflikheid in die regspraak word ook uitgewys. Ten einde tegnologie te akkommodeer word die wyer definisie van stoflikheid in hierdie tesis voorgehou. Die implikasies van hierdie wyer definisie van stoflikheid is egter verreikend. Professor Copeling bevestig dan ook dat dit die moontlikheid van Outeursreg in mondelinge kommunikasies inhou. Gevolglik word daar veral gekyk waarom idees as sulks beskerm word deur Onregmatige Mededinging, maar nie deur Outeursreg nie - 'n vraag wat beantwoord word met verwysing na die invloed van moderne tegnologie op die tradisionele indelings van die Immaterieel goederereg. Uit hierdie ondersoek blyk dit dat Onregmatige Mededinging berus op die Immaterieel goederereg in plaas van die Deliktereg. Die uitgebreide definisie van stoflikheid veroorsaak dat die bestaande indelings van Immaterie61 goedereregte versmelt. Dit ruim ook die huidige konflik rondom die vereiste van stoflikheid in die Wet op Outeursreg 93 van 1973 uit die weg. Laastens word kortliks gewys op die drastiese veranderinge in die spelreels vir inligtingsprodukte wat nodig sal wees om die balans tussen die aansprake van Outeursreghebbendes en die gemeenskap te handhaaf indien die uitgebreide definisie van stoflikheid aangewend word. Uiteindelik dien stoflikheid ook in sy uitgebreide vorm steeds die tradisionele doe om die werk af te skei van die maker se persoonlikheid en dit sodoende buite die mens gelee te maak.
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Lake, Rosalind. "Discrimination against people with mental health problems in the workplace : a comparative analysis." Thesis, Rhodes University, 2006. http://hdl.handle.net/10962/d1005712.
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For a long time the rights of disabled persons have been ignored worldwide. A major obstacle faced by disabled persons is discrimination in the workplace. Due to the development of a social approach to disability and the efforts of the Disability Rights Movement, legislation has been passed throughout the world to improve this dire situation. The thesis considers the efficacy of some of these statutes. It is concluded that stigma and negative stereotypes remain a constant hurdle in overcoming discrimination. The forthcoming UN Disability Convention is demonstrative of the recognition of the importance of the needs and rights of disabled people. The convention proposes some innovative measures to overcome stigma and stereotyping. Mental health problems constitute one of the leading causes of disability. The thesis explores how people with mental health problems fit within the concept of people with disabilities and whether they are included in anti-discrimination legislation and affirmative action measures. Special attention is given to statutory definitions of disability, the different forms of discrimination and the concept of reasonable accommodation. A comparative approach is taken to analyse how South Africa's disability law measures up against that of Britain and Australia in terms of its substantive provisions and enforcement thereof. In considering the South African position American and Canadian jurisprudence is consulted in order to aid in interpretation. It is concluded that although South Africa has a comparatively good legislative framework, it is held back by an overly restrictive and medically focused definition of disability. As a result many individuals with mental health difficulties, desirous of obtaining and retaining employment may be excluded from protection against discrimination in the workplace. It is argued that it will be necessary either to amend the Employment Equity Act or for the courts to adhere strictly to the concept of substantive equality in order to ensure that the rights and dignity of people with mental health difficulties are adequately protected.
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Andersson, Sofie. "Anti-terrorlagstiftning och mänskliga rättigheter : En studie av Frankrikes och Storbritanniens anti-terrorlagstiftning och hur den riskerar att kränka Europakonventionen för skydd av mänskliga rättigheter." Thesis, Uppsala universitet, Teologiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-331550.
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2000-talet markerade födelsen av en ny sorts terrorism. Sedan dess har Europa fått utstå frekventa terrorattacker vilket resulterat i att länder antagit strängare lagar och kontrollåtgärder för att bekämpa terrorismen. Mot bakgrund av detta är uppsatsens syfte att försöka svara på om strängare anti-terrorlagstiftning i Frankrike och Storbritannien kan medföra omfattande begränsningar i människors grundläggande fri-och rättigheter. Genom att använda sig utav en rättsdogmatisk metod och en komparativ metod har uppsatsen kritiskt granskat internationella konventioner, lagstiftningar, rättsfall, vetenskapliga artiklar och doktrin i syfte att besvara följande frågeställningar; vad krävs för att länder ska kunna deklarera allmänt nödläge och således ha en lagstadgad rättighet att derogera från eller begränsa vissa mänskliga rättigheter? Vilka rättsliga åtgärder gällande preventiv häktning och andra kontrollåtgärder har Frankrike och Storbritannien tagit i syfte att bekämpa terrorism och riskerar dess inskränkningar att kränka artikel 5 EKMR? Hur regleras rätten till icke-diskriminering i artikel 14 EKMR? Uppsatsen har också försökt att svara på om de eventuella begränsningarna av människors rättigheter kan försvaras genom John Finnis rättsteori och tankar om mänskliga rättigheter. Den första slutsatsen som nås i uppsatsen är att terrorism kan utgöra ett accepterat allmänt nödläge enligt artikel 15 EKMR då det uppfyller artikelns rekvisit. Därmed är både Frankrikes och Storbritanniens deklarerande av allmänt nödläge accepterat och lagligt enligt artikel 15 EKMR. Uppsatsens andra slutsats slår fast att Frankrikes och Storbritanniens lagstiftningar gällande preventiv häktning kan utgöra en möjlig kränkning av artikel 5 EKMR då lagstiftningarna saknar kravet på förutsägbarhet. Studien har också påvisat att lagstiftningarna gällande preventiva häktningar riskerar att användas för generella misstankar om terrorism vilket också kan utgöra en möjlig kränkning av artikel 5 EKMR. Uppsatsen sista slutsats är att dessa lagstiftningar riskerar att diskriminera vissa samhällsgrupper om de tillämpas på ett felaktigt sätt, t.ex. endast mot icke-medborgare.The 21st century marked the birth of a new kind of terrorism. Since then, Europe has suffered frequent terrorist attacks, resulting in countries adopting stricter laws and control measures to combat terrorism. The aim of this thesis is therefore to investigate if stricter anti-terrorist legislation in France and Great Britain can lead to unlawful limitations on human rights. The thesis critically examines international conventions, legislation, case law, articles, and doctrine by using an investigative approach and a comparative method to answer the following questions; what is required for countries to declare a state of emergency and thus have a statutory right to derogate from or limit certain human rights? What legal measures regarding preventive detention and other control measures have France and Great Britain adopted to combat terrorism and does the limitations violate Article 5 of the ECHR? How is the right to non-discrimination regulated in Article 14 of the ECHR? The thesis also aims to clarify if any limitations of human rights can be justified by the legal theories of John Finnis. In conclusion, the thesis reveals that terrorism can constitute a state of emergency according to Article 15 of the ECHR. Thus, both France and Great Britain's declarations of states of emergency are accepted and legal in accordance with Article 15 of the ECHR. Furthermore, the thesis states that the legislation in France and Great Britain, which regulate preventive detention, may constitute a possible violation of article 5 ECHR, due to its lack of predictability. The thesis has also shown that the legislation regarding preventive detention may constitute a violation of article 5 ECHR if its applied wrongfully and thus, may also constitute a violation of article 14 ECHR.
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Ben-Galim, Dalia. "Equality and diversity : the gender dimensions of work-life balance policies." Thesis, University of Oxford, 2008. http://ora.ox.ac.uk/objects/uuid:d078b9c7-ceab-454c-a1b6-09ebe88fb725.
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This thesis analyses the gender dimensions of work-life balance policies in the UK. It focuses on three related questions: firstly, to what extent are work-life balance policies framed by 'diversity'; secondly, how does this impact on the conceptualisation and implementation of work-life balance policies (in government and in organisations); and thirdly, what are the implications for gender equality? Through analysing published research, the UK Government's work-life balance agenda and data generated from three selected case study organisations, the prominent dimensions of diversity that shape the conceptualisation and implementation of work-life balance policies are presented. This thesis argues that the concept of diversity - as defined by the feminist literature - offers the potential to progress gender equality through overcoming the same-difference dichotomy, and by recognising multiple aspects of identity. However, this theoretical potential is not necessarily reflected in practice. With the emphasis on the individual worker and choice, diversity has been primarily defined as 'managing diversity', and has a significant affect on how work-life balance policies have been applied in both government policy and organisational practice. The UK Government states that work-life balance policies are meant to provide everyone with opportunities to balance work with other aspects of life. The current policy framework targets parents and in particular mothers, potentially limiting the choices that men and women have to 'work' and 'care'. Locating work-life balance policies within the context of 'managing diversity' supports and facilitates women's employment, but does not necessarily challenge fundamental gender disparities such as occupational segregation and gender pay gaps. Analysis of the UK Government's current agenda and organisational case studies show that despite progressive equality, diversity and worklife balance agendas, work-life balance policies are limited in challenging persistent structural gender inequalities.
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Davis, Camille Marie. "Why the Fuse Blew: the Reasons for Colonial America’s Transformation From Proto-nationalists to Revolutionary Patriots: 1772-1775." Thesis, University of North Texas, 2015. https://digital.library.unt.edu/ark:/67531/metadc804870/.
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The most well-known events and occurrences that caused the American Revolution are well-documented. No scholar debates the importance of matters such as the colonists’ frustration with taxation without representation, the Boston Massacre, the Boston Tea Party, and the Coercive Acts. However, very few scholars have paid attention to how the 1772 English court case that freed James Somerset from slavery impacted American Independence. This case occurred during a two-year stall in the conflict between the English government and her colonies that began in 1763. Between 1763 and 1770, there was ongoing conflict between the two parties, but the conflict temporarily subsided in 1770. Two years later, in 1772, the Somerset decision reignited tension and frustration between the mother country and her colonies. This paper does not claim that the Somerset decision was the cause of colonial separation from England. Instead it argues that the Somerset decision played a significant yet rarely discussed role in the colonists’ willingness to begin meeting with one another to discuss their common problem of shared grievance with British governance. It prompted the colonists to begin relating to one another and to the British in a way that they never had previously. This case’s impact on intercolonial relations and relations between the colonies and her mother country are discussed within this work.
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Evans, Christopher Charles Law Faculty of Law UNSW. "The operating costs of taxing the capital gains of individuals : a comparative study of Australia and the UK, with particular reference to the compliance costs of certain tax design features." Awarded by:University of New South Wales. Law, 2003. http://handle.unsw.edu.au/1959.4/20738.
Full textAbstract:
This study investigates the impact of aspects of tax design on the operating costs of the tax system. The thesis focuses on the Australian and UK regimes for taxing the capital gains of individuals. It contends that the compliance burden faced by personal taxpayers and the administrative costs incurred by revenue authorities are directly influenced by the design of the capital gains tax ('CGT') regimes in each country. The study bridges the divide between theoretical analysis of CGT and empirical studies on tax operating costs. It uses a hybrid research design to test a series of hypotheses that emerge from a review of the literature and the experience of the researcher. It combines a technical analysis of the relevant Australian and UK legislative provisions (including an analysis of the policy and other background data that underpins those provisions) with empirical research on the views and experience of practitioners who are responsible for the operation of the legislation in the two countries. The results obtained from this combined methodology indicate that the operating costs of taxing capital gains in Australia and the UK are directly affected by the design of the legislative provisions. Moreover, the study outcomes indicate that operating costs in both countries are high (on a number of comparative measures), have not reduced over time, and are both horizontally and vertically inequitable. The research indicates that the primary factors that cause the high operating costs include the complexity of the legislation and the frequency of legislative change, together with record-keeping and valuation requirements. The thesis identifies specific legislative changes that would address operational cost concerns. These include the phasing out of the 'grandfathering' exemption together with the introduction of an annual exempt amount, and the rationalisation of business concessions in Australia; and the abolition of taper relief and its possible replacement with a 50% exclusion in the UK. More importantly, it seeks a more principled approach to the taxation of capital gains in both countries, and emphasises that legislative change can and should only be enacted with a full and clear understanding of the operating cost implications of that change.
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Smith, Malcolm. "Regulating IVF and pre-implantation tissue-typing for the creation of "saviour siblings" : a harm analysis." Thesis, Queensland University of Technology, 2010. https://eprints.qut.edu.au/35798/1/Malcolm_Smith_Thesis.pdf.
Full textAbstract:
Scientific discoveries, developments in medicine and health issues are the constant focus of media attention and the principles surrounding the creation of so called ‘saviour siblings’ are of no exception. The development in the field of reproductive techniques has provided the ability to genetically analyse embryos created in the laboratory to enable parents to implant selected embryos to create a tissue-matched child who may be able to cure an existing sick child. The research undertaken in this thesis examines the regulatory frameworks overseeing the delivery of assisted reproductive technologies (ART) in Australia and the United Kingdom and considers how those frameworks impact on the accessibility of in vitro fertilisation (IVF) procedures for the creation of ‘saviour siblings’. In some jurisdictions, the accessibility of such techniques is limited by statutory requirements. The limitations and restrictions imposed by the state in relation to the technology are analysed in order to establish whether such restrictions are justified. The analysis is conducted on the basis of a harm framework. The framework seeks to establish whether those affected by the use of the technology (including the child who will be created) are harmed. In order to undertake such evaluation, the concept of harm is considered under the scope of John Stuart Mill’s liberal theory and the Harm Principle is used as a normative tool to judge whether the level of harm that may result, justifies state intervention or restriction with the reproductive decision-making of parents in this context. The harm analysis conducted in this thesis seeks to determine an appropriate regulatory response in relation to the use of pre-implantation tissue-typing for the creation of ‘saviour siblings’. The proposals outlined in the last part of this thesis seek to address the concern that harm may result from the practice of pre-implantation tissue-typing. The current regulatory frameworks in place are also analysed on the basis of the harm framework established in this thesis. The material referred to in this thesis reflects the law and policy in place in Australia and the UK at the time the thesis was submitted for examination (December 2009).
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Lemar, Susan. "Control, compulsion and controversy: venereal diseases in Adelaide and Edinburgh 1910-1947." Title page, contents and abstract only, 2001. http://web4.library.adelaide.edu.au/theses/09PH/09phl548.pdf.
Full textAbstract:
Includes bibliographical references (leaves 280-305). Argues that despite the liberal use of social control theory in the literature on the social history of venereal diseases, rationale discourses do not necessarily lead to government intervention. Comparative analysis reveals that culturally similar locations can experience similar impulses and constraints to the development of social policy under differing constitutional arrangements.
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RYAN, Bernard. "The individualisation of British labour law." Doctoral thesis, 2002. http://hdl.handle.net/1814/4774.
Full textAbstract:
Defence date: 7 January 2002Examining board: Prof. Brian Bercusson (supervisor), King's College London, former professor EUI ; Prof. Mark Freedland, University of Oxford ; Prof. Neil Walker, EUI ; Prof. Silvana Sciarra
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
27
BIRKE, Sarah. "Ownership of the family home : a critical analysis." Doctoral thesis, 2005. http://hdl.handle.net/1814/5488.
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Mulder, Ingrid. "Reckless credit under the National Credit Act : a comparative analysis." Diss., 2015. http://hdl.handle.net/10500/21155.
Full textAbstract:
This dissertation considers the possible impact certain requirements of the National
Credit Act 34 of 2005 (hereafter NCA) has on reckless credit lending by credit providers.
The dissertation will identify problem areas created by the provisions of the NCA and
the impact thereof on security or partial performances linked to the credit agreement.
“Reckless credit lending” used to be a new terminology introduced in the credit market
to increase consumer spending, but it is currently a well-known practice in the credit
industry. The NCA aims at protecting consumers, especially against present everincreasing
reckless-credit practices. However, certain provisions relating to reckless
credit are mostly ambiguous and vague.
The NCA is silent on the development and implementation of guidelines and policies
relating to the prevention of reckless credit and the consequences of such an order on
security and/or performances (whether there was partial or full performance). This study
will discuss the prevention and consequence of reckless credit by referring to the NCA,
articles written by various authors, as well as court decisions where related concerns
were addresses by the judges concerned with this issue.
Although the provisions stipulated in the amended NCA improve the position of the
consumer in the credit market, the legislature should have drafted certain applicable
provisions with more care and detail. A more detailed draft could circumvent vagueness
in particular areas of concern.Private Law
LL. M.
29
SIMBLET, Stephen. "Task flexibility in employment : injunctions, Community law and judicial review in English labour law." Doctoral thesis, 1990. http://hdl.handle.net/1814/5638.
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Burton, Mark Andrew. "The interpretation of tax legislation in Great Britain and Australia - a study of the indeterminacy of law." Phd thesis, 1999. http://hdl.handle.net/1885/10045.
Full textAbstract:
The prevailing view of the history of tax interpretation is one of legal formalism. According to this account of judicial discovery and application of legislative rules, there is no room for judicial law making. Chapter One introduces this mainstream account of tax interpretation over the last three centuries, noting the various permutations of this legal formalist account. The chapter also notes the significance of this account to liberal legal theory. Chapters two, three, four and five examine the merits of the mainstream account in particular contexts. Chapter two examines the interpretation of tax legislation during the eighteenth and early nineteenth centuries, and argues that the evidence does not support the liberal legalist account of that history. It will be argued that the courts were only granted jurisdiction to hear a limited range of tax appeals in order to secure a tactical advantage for the central government in the administration of certain taxes. This tactical advantage was assured as, contrary to the prevailing account of tax history, the courts adopted a pro revenue construction of tax legislation until well into the nineteenth century. Chapter three examines the interpretation of the income tax in the latter years of Victorian England - a statutory right of appeal against tax assessments only having been created in 1874. Although judges of this era occasionally referred to the rhetoric of strict or literal construction of tax legislation, it will be argued that the plethora of competing judicial views as to the proper understanding of fundamental elements of the income tax suggests that there was considerable confusion as to the scope of the income tax base. Whilst accepting that the existence of this confusion does not preclude the prospect of legal determinacy,it will be argued that a theory of law as rhetoric offers an appealing account of this judicial confusion. It will be argued that the competing interpretations of the income tax are attributable to the competing understandings of the meaning of 'income' developed by different segments of the community in Victorian England. Thus the rhetoric of strict or literal construction of tax legislation (which was by no means the only interpretative rhetoric of the period) was of little importance in the actual interpretative process during this period because it ignored the competing interpretations of just what the 'literal' meaning of 'income' was. It is generally accepted that during the twentieth century in both England and Australia the courts continued to adopt a literal interpretation of tax legislation until the 1980's. Taking up the interpretation of the Australian federal income tax which was introduced in 1915, it will be argued in chapter four that once again the application of a 'literal' meaning proved problematic to the courts. Focusing upon the statutory requirement that companies distribute to shareholders a minimum percentage of their profits (which effectively enforced the double taxation of corporate profits - firstly in the hands of the company and secondly in the hands of the shareholders), it will be argued that the courts sought to achieve some sense of equity by restricting the operation of the sufficient distribution requirement wherever possible. The means of achieving this understanding of tax equity was to adopt the 'literal' meaning of the provisions. The argument of chapter four is that, once again, the courts were confronted with competing interpretations of the proper application of the income tax, and that the liberal rhetoric of literal determinacy served an important function in legitimating the role of the courts in a manner consistent with the prevalent understanding of the rule of law. Chapter five continues this appraisal of the mainstream account of tax interpretation by examining the interpretation of the Australian income tax in the years after the 'tax avoidance crisis' of the 1970's. In more recent times it is generally accepted that the courts have spumed the literalist cant of earlier generations of judges and moved towards a purposive construction of tax legislation. This shift is judicial methodology is commonly perceived as a response to the perceived need for the judiciary to play a more pro-active role in combating the scourge of tax avoidance. In chapter five the merits of this account will be examined by considering recent High Court judgments upon the interpretation of the anti-avoidance provisions found in the Income Tax Assessment Act 1936 (Cth). In chapter six the theoretical shortcomings of the determinacy thesis will be examined, and an alternative theory of law as rhetoric will be proposed. While accepting that a theory of law as rhetoric cannot be proven as necessarily right, it will be argued that this alternative theory of law offers a plausible account for the development of legal doctrine, such that the predominance of liberal legal theory is called into question. Liberal legal theory, in other words, becomes just one of any number of competing interpretations of legal institutions, and a theoretically implausible one at that. Chapter seven concludes the thesis by suggesting that the theory of law as rhetoric, developed in chapter six, is consistent with the case studies found in chapters two to five. It is therefore suggested that a theory of law as rhetoric offers a more substantial historiographical foundation to the account of tax interpretation since 1688 than the widespread acceptance of judicial descriptions of judicial practice. Chapter seven also includes a discussion of some of the more significant implications the implications for our understanding of the history of judicial tax interpretation and also for the Australian taxation system which arise out of the theory of indeterminate law advanced in chapter six.
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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.
32
HENTZ, Norbert. "Implementierung und Kontrolle von Verhaltenskodizes : Autonomie der Wirtschaftsverbaende oder Kooperation mit Staat und Verbraucherorganisationen? - Rechtsvergleichende Studie am Beispiel der pharmazeutischen Industrie in der Bundesrepublik Deutschland und Grossbritannien." Doctoral thesis, 1985. http://hdl.handle.net/1814/5537.
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BARTOLETTI, Gloria. "La discriminazione basata sul sesso nel campo del lavoro : Il diritto comunitario e la sua ricezione in Italia e nel Regno Unito." Doctoral thesis, 1987. http://hdl.handle.net/1814/4557.
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Huneberg, Samantha. "A critical comparison between how the rights of employees are affected by winding-up and business rescue proceedings." Thesis, 2015. http://hdl.handle.net/10210/15099.
Full textAbstract:
LL.M. (Commercial law)This dissertation seeks to explore the fundamental differences between the rights of employees in terms of windiqg-up procedures and that of business rescue proceedings. I will be specifically looking at each procedure, winding-up and business rescue proceedings, and the effect that each of these procedures have on the rights of employees. In terms of the analysis of the procedures, I will be looking at the history of both insolvency law and labour law, as well as a look at the old Companies Act of 1973 and specifically at judicial management. By looking at the history we can gain an outlook on the problems we encountered then and how they can be improved today. I will then move on to look specifically at the specific proceedings of winding-up in Chapter 14 of the old 1973 Act and Chapter 6 of the new 2008 for the provisions on business rescue. Through analysing the proceedings I will also look at the legal position in other jurisdictions on the specific matter into account. Specifically I will look to the UK and Australia. Additionally, I will be looking at the International Labour Organisations position on employees' rights in terms of insolvency law. The specific rights of employees that I will be considering are employees rights to commence proceedings, their right to be informed, their right to be consulted, the effect on their employment contracts, retrenchments, claims which they may have against the company as well as the specific rights of employees in the case of a transfer of the business. In analysing all of the above aspects, I will come to conclude from my findings that the rights afforded to employees under business rescue and Chapter 6 of the 2008 Act are extremely beneficial to the employees and are so extensive that they cover almost all rights of employees. In comparison with the rights afforded to employees' in terms of winding-up procedures under Chapter 14 of the 1973 Act these rights are stiII beneficial to employees but they are not as extensive. Both procedures afford employees a significant amount of protection.
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JONES, Emma L. "Protecting the unprotected worker? : the re-regulation of agency work." Doctoral thesis, 2004. http://hdl.handle.net/1814/4667.
Full textAbstract:
Defence date: 15 January 2005Examining board: Prof. Silvana Sciarra (Supervisor, European University Institute) ; Prof. Marie-Ange Moreau (European University Institute) ; Prof. Bob Hepple (University of Cambridge) ; Prof. Alan C. Neal (University of Warwick)
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
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CONRADSEN, Inger Marie. "Replacing lost certainty : the case of regulating assisted reproductive technologies : a comparative study of Denmark and the United Kingdom." Doctoral thesis, 2002. http://hdl.handle.net/1814/4601.
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Andargie, Abyote Abebe. "A comparison of capital rules governing financial assistance by a company in South African and English company law." Diss., 2013. http://hdl.handle.net/10500/11956.
Full textAbstract:
The Companies Act of 71 of 2008 makes a number of important changes to the rules relating to
capital maintenance. In line with the objectives of the Companies Act of 71 of 2008, section 44
of the Act has removed the prohibition on the provision of financial assistance by a company
which was contained under the previous section 38 of the Companies Act 61 of 1973. Despite the
repeal of the prohibition, a transaction which involves the provision of financial assistance by a
company for the acquisition of or subscription of its own securities still needs to be effected in
accordance with the requirements and conditions that are provided under the Act and
Memorandum of Incorporation. To explore the new developments, within this study, the
provision of financial assistance in terms of section 44 of the Companies Act of 2008 is,
therefore, analysed in detail.
On the other hand, the UK Companies Act of 2006 repealed the prohibition on the giving of
financial assistance by private companies in most circumstances. It, however, retained the
prohibition to public companies only because of the requirements of the Second Company Law
Directive (77/91/EEC). This study also explores the rules of financial assistance by a company
under the UK Companies Acts in detail.
Though the source of financial assistance by a company both in South Africa and in English
Company laws is rooted in the English decision of the Trevor v Whitworth case, currently these
countries have adopted what is deemed appropriate and significant in their own countries. This
study, therefore, examines and compares the rules governing the provision of financial assistance
by a company in the company laws of these two countries.Mercantile Law
LL.M. (Commercial law)
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Joubert, Engela Petronella. "A comparative study of the effects of liquidation or business rescue proceedings on the rights of the employees of a company." Thesis, 2018. http://hdl.handle.net/10500/25092.
Full textAbstract:
Whenever legal disciplines overlap interesting scenarios occur and differences in opinions create intellectual tension. One such interesting scenario occurs when employees’ rights are affected during a company’s liquidation or business rescue. The employees of a company are normally the last persons to find out that a company is struggling financially. They are also the only stakeholders who are in no position to negotiate their risk should the company be liquidated. It is therefore necessary to evaluate the rights given to employees during a company’s liquidation and business rescue. The fundamental ideologies of company law, insolvency law and labour law are challenged and examined to attempt a harmonizing result that respects the core of each discipline. It is crucial to determine whether an appropriate balance is struck between the interests of all the stakeholders of the company during these procedures.
The aim of this thesis is to evaluate whether South Africa manages to strike this balance. If employee rights are protected whilst a company is restructured back to solvency and success, this balance will be struck. An evaluation will also be made whether employees are always better protected during business rescue than in liquidation.
The study analyses employee rights in a company’s liquidation and during a company’s restructuring process. The comparative study of employee rights in liquidation and rescue is done with the jurisdictions of Australia and England – countries with similar procedures.
Important conclusions show that South Africa protects employee rights during business rescue procedures the best. An appropriate balance is indeed struck between the interests of all stakeholders of a company during business rescue procedures and employees are most of the time better off after a restructuring than in a liquidation. Should the recommendations for law reform be implemented in our legislation, South Africa will overcome the few obstacles currently in its way to be seen as a world leader where employee rights are concerned in liquidation proceedings as well as business rescue.Mercantile Law
LL. D.
39
Maimela, Charles. "Legal issues relating to the treatment of persons living with cancer." Thesis, 2017. http://hdl.handle.net/10500/24490.
Full textAbstract:
Cancer is regarded as a global disease and one of the leading killer diseases in the
world. The reason why cancer is so widespread and often misunderstood stems from
multiple factors, namely, the lack of knowledge about cancer, unfair discrimination of
persons living with cancer, inadequate or inappropriate treatment provided to patients,
the stigma attached to cancer, misdiagnosis and late diagnosis of persons living with
cancer, as well as the inadequate provision of screening programs to detect cancer at
an early stage.
The combination of these issues raises alarming medico-legal problems that merit
further attention. The thesis will explore the origin, nature, philosophical and clinical
aspects pertaining to cancer, as well as legal issues related to cancer and oncology.
The study will conclude with recommendations aimed at mitigating and addressing the
shortcomings that exist in the medico-legal framework. The study will also draw on a
legal comparison of relevant South African, English and American laws and
regulations. Since this thesis entails focussing on medico-legal principles, the study
will draw on aspects of medical law, labour law, law of contract, law of delict,
constitutional law and criminal law.Private Law
LL. D.
40
IGLESIAS-RODRÍGUEZ, Pablo. "Ownership, governance and regulatory discretion of stock exchanges : a comparative study." Doctoral thesis, 2010. http://hdl.handle.net/1814/14522.
Full textAbstract:
Defence Date: 17 May 2010Examining Board: Prof. Fabrizio Cafaggi, European University Institute (Supervisor); Prof. Hans W. Micklitz, European University Institute; Prof. Katharina Pistor, Columbia University; Prof. Michel Tison, Ghent University
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
This book provides a model for the evaluation of potential biased regulatory actions by stock exchanges in relation to their own governance as well as in relation to the governance and activity of their regulatees; based on the analysis of the ownership, governance, allocation of regulatory powers, discretion‘s exercise and rule‘s content, this book gives the reader a comparative analysis that addresses how different exchanges‘ organizational and regulatory structures can lead to different forms of biased regulation as well as externalities in the financial system. The book develops case studies regarding three major stock exchanges‘ holding companies (BME, the LSEG, and NYSE-Euronext) and the markets they operate in Spain, the UK, France and the US. One of the main findings of the book is the relation between the ownership/governance of exchanges and the quality of their regulatory output; stock exchanges subject to concentrated and path dependent ownership structures and weaker governance regimes in which there is low separation between the ownership of the exchange and its governance, tend to produce rules that maximize the interest of the persons exercising control over those exchanges. Moreover, these persons have the incentive to keep a lock on control because, by doing so, they extract important private benefits of control in the form of regulatory power and discretion that can be used in a biased manner in their own interest. This finding has important implications in terms of policy making; if there is such a relation between governance and regulatory output, efforts by public regulators should be put on the governance of exchanges in order to avoiding the possibilities of biased influence over exchanges‘ regulatory processes.
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Lombard, Marianne. "Regulation of fixed-term contracts under the South African Consumer Protection Act 68 of 2008." Thesis, 2020. http://hdl.handle.net/10500/26950.
Full textAbstract:
In this thesis the position of parties under a fixed-term agreement under section 14 of the Consumer Protection Act 68 of 2008 is analysed critically. The purpose of this thesis is first to establish whether parties to a fixed-term agreement are better protected in terms of section 14 of the CPA when the consumer needs to terminate the contract based on the material failure to perform by the supplier, than under the common law. Second, this thesis explores whether the maximum duration of fixed-term agreements should be limited by statute. Various aspects affecting parties to these agreements, for instance the freedom to contract, pacta servanda sunt, and standard-form agreements, are considered. The South African position is then compared to the position in Singapore under the Consumer Protection (Fair Trading) Act, and to the United Kingdom under the Consumer Rights Act, to gain perspective and objectively evaluate the provisions of section 14 of the Consumer Protection Act 68 of 2008 to establish whether South Africa can benefit from lessons learnt from these jurisdictions. Finally, principle-based amendments to the provisions of the CPA are recommended to improve the position of the consumer under fixed-term agreements to effect best practice solutions and ensure adherence to the aims and purposes of the Consumer Protection Act 68 of 2008 and international guidelines.
This thesis is based on the law as at 18 June 2020, found in sources available in South Africa, and Singaporean law available in the database of the National University of Singapore.Hierdie proefskrif is ’n kritiese analise van die posisie van partye tot vastetermynkontrakte ingevolge artikel 14 van die Suid-Afrikaanse verbruikersbeskermingswetgewing, die Consumer Protection Act 68 van 2008 (CPA). Die doel van die analise is eerstens om vas te stel of partye tot ’n vastetermynkontrak ingevolge artikel 14 van die CPA beter beskerming geniet ingevolge die CPA wanneer die verbruiker die vastetermynkontrak moet beëindig weens die wesenlike wanprestasie deur die verskaffer, as ingevolge die gemenereg. Tweedens ondersoek die proefskrif of dit wenslik is dat die maksimum duur van vastetermynkontrakte deur wetgewing beperk word. Verskeie aspekte wat die posisie van partye tot vastetermynkontrakte beïnvloed word ondersoek, onder andere kontrakteervryheid, die leerstuk pacta servanda sunt en standaardkontrakte. Die Suid-Afrikaanse posisie word dan vergelyk met dié in Singapoer, ingevolge die Consumer Protection (Fair Trading) Act (CPFTA), en die Verenigde Koninkryk, ingevolge die Consumer Rights Act (CRA) om perspektief te kry op die studie, en ten einde die bepalings van artikel 14 objektief te oorweeg om vas te stel of Suid-Afrika kan kersopsteek by hierdie jurisdiksies. Laastens word voorstelle gemaak om die posisie van die verbruiker tot vastetermynkontrakte ingevolge die CPA te verbeter om beste gebruikspraktyke te implementeer, en te verseker dat die doelwitte van die CPA en internasionale verbruikersriglyne bereik word. Hierdie studie weerspieël die regsposisie soos op 18 Junie 2020 in bronne wat plaaslik beskikbaar is, asook in bronne aan my beskikbaar gestel deur die Nasionale Universiteit van Singapoer tydens ’n navorsingsbesoek daar.
Kule thesisi isimo sezinhlangano ezingaphansi kwesivumelwano sesikhathi esinqunyiwe, ngaphansi kwesigaba 14 koMthetho 68 ka 2008, uMthetho weZokuvikelwa koMthengi uhlaziywa ngendlela egxekayo. Inhloso yalolu cwaningo ukusungula ukuthi mhlawumbe lezi zinhlangano ezingaphansi kwesivumelwano sesikhathi esinqunyiwe sivikeleke kangcono ngaphansi kwesigaba 14 se-CPA uma kunesidingo sabathengi sokuqedwa kwesivumelwano esencike phezu kokwehluleka ukwenza umsebenzi waloyo ongumthumeli wempahla, okwehlukile emthethweni owejwayelekile. Okwesibili, le thesis iphenya ukuthi mhlawumbe isikhathi isikhathi esinde sesivumelwano sesikhathi esinqunyiwe kufanele sincishiswe ngokomthetho oshayiwe. Izinto ezahlukahlukene ezithinta lezi zivumelwano, njengesibonelo, inkululeko yokungena esivumelwaneni pacta servanda sunt, kanye nesivumelwano ezingaguquki, kuyizinto ezibhekwayo. Isimo seNingizimu Afrika siqhathaniswa nesimo sezwe laseSingapore ngaphansi koMthetho wezokuVikelwa kwabaThengi (Fair Trading), kanye nasezweni laseUnited Kingdom ngaphansi koMthetho owaMalungelo abaThengi, ukuthola umqondo kanye nokuhlola izimiso ngaphansi kwesigaba 14 soMthetho 68 ka 2008, uMthetho oVikela abaThengi ukuthola ukuthi ngabe iNingizimu Afrika kukhona ekuzuzile kwizifundo ezifundwe kulezi zakhiwo zemithetho. Okokugcina, izichibiyelo ezisuselwe kwimigomo mayelana nalokho okushiwo yi-CPA inconywe ukuthi yenze ngcono isimo sezinhlangano ezingaphansi kwezivumelwano zesikhathi esinqunyiwe ukuletha izisombululo ezingcono kanye nokuqinisekisa ukuthi kulandelwa izinhloso kanye nemisebenzi yoMthetho 68 ka 2008, okunguMthetho oVikela abaThengi kanye nemihlahlandlela yezizwe zomhlaba. Lolu cwaningo lususelwe phezu komthetho kusukela mhla zi 18 uNhlangulana 2020, luyatholakala emithonjeni yaseNingizimu Afrika, kanye nomthetho waseSingapore uyatholakala emthonjeni yedatha yaseNational University of Singapore.
Mercantile Law
LL. D.
42
Sullivan, Clare Linda. "Digital identity: an emergent legal concept; an analysis of the role and legal nature of digital identity in a transactional context." 2009. http://hdl.handle.net/2440/54148.
Full textAbstract:
This thesis examines the emergent legal concept of digital identity under the United Kingdom National Identity Scheme ('NIS') and its Australian counterpart, the Access Card Scheme('ACS') proposed in 2007. The Identity Cards Act 2006 UK c 15 ('Identity Cards Act’) and the Human Services (Enhanced Service Delivery) Bill (Cth) 2007 ('Access Card Bill') reveal a remarkably similar concept of identity in terms of its constitution and especially its functions. The United Kingdom scheme is currently being established, whereas the proposed Australian Scheme has been shelved following a change of government late in 2007. The NIS is therefore used as the model for this study but the analysis applies to any such scheme based on digital technology, including the ACS, should it be resurrected. The emergent concept of digital identity which is the subject of this thesis arises from legislation. It is a legal construct which consists of a collection of information that is stored and transmitted in digital form, and which has specific functions under the identity scheme. In this study, the information recorded about an individual for an identity scheme is referred to as an individual's 'database identity.' Database identity consists of information prescribed by legislation. Collectively, that information comprises an individual's registered identity. Under the United Kingdom scheme, it includes an individual's name/s, gender, date and place of birth and date of death, photograph, signature and biometrics, and other information such as citizenship and residential status including residential address/es, nationality, identity card number, passport number, work permit number, driver‘s licence number, and administrative information such as security and verification details. Within database identity is a small subset of information which is an individual‘s transactional identity, that is, an individual‘s identity for transactional purposes. In this study, that subset of database identity is called an individual‘s 'token identity'. Under the NIS, token identity consists of name, gender, date and place of birth, date of death and biometrics. Token identity is the gateway to the other information which makes up database identity and token identity has specific functions at the time of a transaction which give it legal character. In effect, it operates as the individual‘s transactional 'key.' Presentation of the required token identity at the time of the transaction enables the system to recognise, and to deal with, the registered identity. This thesis is therefore not about identity in the deep philosophical sense of 'who am I?' or 'what makes me, me?' It is about a legal concept of individual identity for specific purposes under a national identity scheme. In many ways, though, the concept of digital identity which is the subject of this thesis is just as important in a modern legal context. Under a national identity scheme, the response to the question 'who am I? ' is 'you are who the scheme (and in particular, the National Identity Register ('NIR')) says you are.' As the first conceptual legal analysis of identity in a transactional context, this thesis examines the functions and legal nature of database identity, and particularly token identity. Token identity has specific functions at the time of a transaction which are analysed from a legal perspective to determine whether token identity is a form of legal personality. This thesis also contends that individual personal and proprietary rights necessarily apply as a result of the functions and legal nature of this emergent concept of identity. In addition to the well- recognised right to privacy, this thesis argues that the concept gives rise to the right to identity which has been overlooked in this context. For the first time, identity as a legal concept is distinguished from privacy which is the focus of legal scholarship and jurisprudence in this area. The right to identity is contrasted with the right to privacy and the protection afforded by the right to identity in this context by those human rights in the United Kingdom is considered. The protection afforded to an individual in the United Kingdom is contrasted with the situation in Australia which does not currently have a comprehensive national human rights charter. In view of the limited protection which is currently provided to token identity by the civil law, the protection provided by the criminal law in both the United Kingdom and Australia becomes particularly significant in considering the obligations and rights which arise under the scheme. The adequacy of the criminal law in addressing the nature and consequences of the dishonest use by a person of another person‘s identity information is therefore also examined. Identity theft is defined and distinguished from identity fraud, having regard to the emergent concept of digital identity and the wrong and the harm caused by its misuse. In particular, the nature of token identity is examined and the consequences of its misuse by another person are considered in determining whether token identity is property which is capable of being the subject of theft and criminal damage. The thesis concludes by summarising the major insights provided by chapters 1-6 with a view to the future when national identity schemes like that of the United Kingdom, and indeed international schemes, will be commonplace and token identity routinely required for most commercial transactions. In that environment, being asked to provide one‘s token identity is likely to be as common and as routine as being asked one's name.Thesis (Ph.D.) -- University of Adelaide, Law School, 2009
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Sweetman, Roseanne Lopers, and Jonathan Chaplin. "Perspective vol. 16 no. 5 (Oct 1982)." 2013. http://hdl.handle.net/10756/251289.
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Nxokweni, Unathi Pearl. "Legal principles regulating the processing of personal information in the workplace." Diss., 2018. http://hdl.handle.net/10500/25762.
Full textAbstract:
This study focuses on the right to privacy in the workplace, specifically employees' expectations of electronic privacy where personal information is processed. The main aim of this dissertation is to establish whether, given advantages in technology, South African laws offers adequate protection for employees when their electronic information is being processed. The study analyses South African law as it relates to the privacy of employees during the processing of their personal information in the workplace.This is examined within the parameters of the constitutional and legislative framework with due regard to the common-law right to privacy. The legal issues are examined from a South African context and is compared with data protection laws and regulations of the United Kingdom. It also offers recommendations based on experience gained in the United Kingdom.Private Law
LL. M.
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Zondo, Raymond Mnyamezeli Mlungisi. "The replacement of the doctrine of pith and marrow by the catnic test in English Patent Law : a historical evaluation." Diss., 2012. http://hdl.handle.net/10500/5697.
Full textAbstract:
This dissertation is a historical evaluation of the movement of the English courts from the doctrine of pith and marrow to the Catnic test in the determination of non-textual infringement of patents. It considers how and why the doctrine was replaced with the Catnic test. It concludes that this movement occurred as a result of the adoption by a group of judges of literalism in the construction of patents while another group dissented and maintained the correct application of the doctrine. Although the Court of Appeal and the House of Lords initially approved the literalist approach, they, after realising its untennability, adopted the dissenters’ approach, but, ultimately, adopted the Catnic test in which features of the dissenters’ approach were included. The dissertation concludes that the doctrine of pith and marrow, correctly applied, should have been retained as the Catnic test creates uncertainty and confusion.Mercantile Law
LL.M.
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Kaseke, Elson. "Trademark dilution: a comparative analysis." Thesis, 2006. http://hdl.handle.net/10500/2377.
Full textAbstract:
The thesis investigates the concept of trademark dilution under international and regional trademark law, and under the laws of selected jurisdictions; namely, the United States of America, Germany, the United Kingdom and the Republic of South Africa. The investigation includes measures undertaken to prohibit the internet-based dilution of famous marks through the registration of confusingly similar domain names. It is noted that dilution is imprecisely formulated under international trademark treaty law. In fact, the term "dilution" does not appear in international trademark treaties. To fill the gap of international trademark treaties, various policy initiatives, or `soft law' have been developed, which to some extent clarify both the concept of dilution, the type of mark protected from dilution, and the scope of such protection. The problem is that the policy initiatives are non-binding on States, so that different States have adopted different common law and statutory approaches to the protection of marks against dilution. This is demonstrated, for example, by the fact that the European Union and its Member States provide protection from dilution to "marks with a reputation", while the United States of America provides such protection only to "famous" marks, and the Republic of South Africa protects "marks which are well-known in the Republic" from dilution. The thesis analyses the protection granted in these jurisdictions, to determine the similarities and differences of approach, and to make appropriate law reform proposals to achieve uniformity of protection. In the final analysis, it is concluded that the burden of enforcing dilution provisions rest on the judiciary. This being so, the judiciary is urged to engage in a balancing exercise in deciding dilution cases. The courts should recognize that dilution provisions are powerful tools at the disposal of owners of trademarks with advertising value. At the same time, the courts should be steadfast in ensuring that protection from dilution does not stultify freedom of trade, or create absolute monopolies or a form of copyright in a trademark.Jurisprudence
LL.D.
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Mischke, Carl. "Discourses of silence : judicial responses to industrial action as an archaeolgy of juridification." 1997. http://hdl.handle.net/10500/17462.
Full textAbstract:
A study of silences: as a metaphysics of the law, juridification silences the text of the law in order
to enable an allegorical reading of the law. This silencing of the legal text can only be avoided
through a non-metaphysical archaeological reading. Similarly, the programme of comparative
labour law is silent at its most pivotal points, leaving some concerns of the programme
indeterminate and indeterminable.
As context, the dominant discourses of the labour law systems of the Federal Republic of
Germany (Tarifautonomie), Great Britain (collective laizzesfaire) and South Africa (fairness)
are identified and the agents of the jurisprudence (the courts) are briefly outlined. The silence
operating within the phenomenology of the labour judiciary and the concept of a 'court' is also
examined.
The study then proceeds to read, in an archaeological manner, the industrial action jurisprudence
in Germany, Great Britain and South Africa, such readings again yielding silences within the
discourse of the law.
The silences occurring throughout (and the resulting normative breaches in the rationality of the
legal discourse) are the prerequisites for juridification, a process in terms of which the metajuridical
standard is imported into the legal normative system and thereby rendered part of the
archival discourse of the law.LL.D.