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1
Martus, Christopher E. "The distribution and objectives of local forestry-related ordinances in the United States." Thesis, This resource online, 1992. http://scholar.lib.vt.edu/theses/available/etd-08042009-040400/.
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Munuve, Lilian Kasyoka. "A comparison between the South African and Kenyan labour law systems." Thesis, Nelson Mandela Metropolitan University, 2008. http://hdl.handle.net/10948/752.
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Labour law is a system of rules regulating the labour force in the society. These rules of labour are legal rules and are legally enforceable which means that if there is a breach of rules a party may approach a court of law or any other institution to obtain relief in respect of the breach of the rules. As a large percentage of the population at any given time in the world is involved with employment relationship, the labour relationships between employer and employee cannot be ignored as it affects both socio-economic and political factors in our society. Labour Law in general focuses on various relationships, including the relationship between the employer and employee, between the employer and a trade union or a group of employees, employers and employers’ organization. From the foregoing it can be deduced that there are two components of labour law which must be distinguished, namely individual and collective labour. The individual relationship focuses on the relationship between the employer and the employee while collective labour laws deal with matters such as legal nature of trade unions (and employers’ organization), the legal nature and enforceability of collective agreements, collective bargaining institutions and the legal consequences that flow from strikes, lock outs and other forms of industrial action. Collective labour law can therefore be said to be the body of rules which regulates the following collective relationships between: • employees and the trade union they belong to • employers and employers’ organization • employers and /or employers organization and trade unions • the government and trade unions • the government and employers organization However the collective labour law cannot be said to be absolute but is interdependent with individual labour law because the collectively agreed terms become part of the individual employment relation. This study mainly focuses on the collective labour aspect of the labour law system which shall be discussed in detail in the chapters to follow.
3
Khakali, Linda Anyoso. "The role of financial regulators in the Kenyan economy." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/11114.
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Financial regulation is a subject that is more often than not regarded as distant and yet another level of bureaucracy that has to be endured by both the public and private sectors. The significance of creating and maintaining an efficient and effective system to regulate financial markets, financial institutions and financial service providers is a salient feature in the development of a country’s economic health. The recent global economic crises of 2007/2008 and the economic hurdles accompanying those events are perhaps the most dramatic instances of how necessary the implementation of efficient and effective financial regulation is. The international financial system has experienced a retinue of changes in the last two decades. One of the main challenges of financial regulators has been to keep abreast of as well as adapt to these changes, which are of an international nature. In a majority of countries, the financial sector is one of the most intensely regulated and supervised industries. Over a period of time, it has become evident that regulatory arrangements have a formidable impact on: i. The size, structure and efficiency of a financial system; ii. The business operations of financial institutions and markets; iii. Competitive conditions both overall and between sub-sectors of the system. The impact of regulation can either be stagnant or progressive; this depends on how the objectives of regulation are defined and how efficiently regulatory arrangements are related to their objectives. The issue at hand is to engage regulatory institutions, structures and mechanisms for supervision and enforcement need to be implemented because they are pertinent to the formal regulatory requirements in the overall regulatory regime. Effective financial regulation would be unable to exert its objectives in the absence of efficient supervision and enforcement. In numerous countries the institutional structure of regulation has experienced change or is in the process of change. Different models of institutional structure are availed such as the single/consolidated model, the twin-peak model and the multiple regulator model. For example, the United Kingdom has embraced the single/consolidated regulator model while Australia has employed the twin-peak regulator model. Kenya operates on the multiple regulator model. This report addresses the role of financial regulators in the Kenyan economy. The objectives of the research are to: Provide comprehensive information about the theory and practice of financial regulation; Identify the financial regulators in Kenya and define their roles; Address the issue of multiple regulators and the duplicity of roles; Discuss international trends in regulation and examine different regulatory regimes; Consider the viability of a single/consolidated regulatory regime in Kenya; Suggest a possible future regulatory regime for Kenya and identify the key issues associated with such a regime; Suggest areas for further investigation and research.The approach of this report will constitute the following: Chapter 1 discusses the rationale for the research, objectives, scope and scale of the research, preliminary literature review and the research methods to be employed. Chapter 2 focuses on financial regulatory systems in general as well as an extensive analysis of financial regulators in Kenya. Chapter 3 combines the research methods employed and also contains a comparative analysis of the regulatory regime. Chapter 4 examines the findings of the research, the lessons learnt and the regulatory responses. Chapter 5 includes recommendations towards improvement of regulatory systems and an executive summary of outstanding policy issues and priorities in Kenyan financial regulation.
4
Lewis, Glennis M. "Protecting Canada's natural ecosystems from invasive alien plant species: Is sub-national weed control legislation up to the task?" Thesis, University of Ottawa (Canada), 2006. http://hdl.handle.net/10393/27388.
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Invasive alien plant species pose a serious threat to Canada's natural ecosystems. It is the thesis of this paper that sub-national laws are important tools in combatting such species that are naturalized and spreading within provincial and territorial boundaries. Weed control acts in British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Quebec, Nova Scotia, and Prince Edward Island and the plant health protection acts in New Brunswick, and Newfoundland and Labrador are a strong basis to combat invasive alien plant species.
However, since these laws were enacted for weeds in agro-ecosystems, they are not up to the task of protecting natural ecosystems from invasive alien plant species. In some provinces and territories, there is a need to fill gaps in the law and ensure that it applies in a clear and uniform manner to all natural ecosystems. Numerous other revisions are recommended to make applicable provincial and territorial laws more effective.
5
廖洪濤 and Hung-to Liu. "Urban forestry in China: a biogeographical study in Guangzhou city." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1998. http://hub.hku.hk/bib/B31239031.
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Khayundi, Francis Mapati Bulimo. "The effects of climate change on the realisation of the right to adequate food in Kenya." Thesis, Rhodes University, 2012. http://hdl.handle.net/10962/d1003190.
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This thesis examines the interplay between the effects of climate change and human rights. It seeks to interrogate the contribution of human rights in addressing the effects of climate change on the enjoyment of the right to food in Kenya. Climate change has been recognised as a human rights issue. Despite this acknowledgement, many states are yet to deal with climate change as a growing threat to the realisation of human rights. The situation is made worse by the glacial pace in securing a binding legal agreement to tackle climate change. The thesis also reveals that despite their seemingly disparate and disconnected nature, both the human rights and climate change regimes seek to achieve the same goal albeit in different ways. The thesis argues that a considerable portion of the Kenyan population has not been able to enjoy the right to food as a result of droughts and floods. It adopts the view that, with the effects of climate change being evident, the frequency and magnitude of droughts and floods has increased with far reaching consequences on the right to food. Measures by the Kenyan government to address the food situation have always been knee jerk and inadequate in nature. This is despite the fact that Kenya is a signatory to a number of human rights instruments that deal with the right to food. With the promulgation of a new Constitution with a justiciable right to food, there is a need for the Kenyan government to meet its human rights obligations. This thesis concludes by suggesting ways in which the right to food can be applied in order to address some of the effects of climate change. It argues that by adopting a human rights approach to the right to food, the State will have to adopt measures that take into consideration the impacts of climate change. Furthermore, the State is under an obligation to engage in activities that will not contribute to climate change and negatively affect the right.
7
Dlamini, Cliff Sibusiso. "Towards the improvement of policy and strategy development for the sustainable management of non-timber forest products: Swaziland: A case study." Thesis, Stellenbosch : University of Stellenbosch, 2007. http://hdl.handle.net/10019.1/1174.
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Makano, Rosemary Fumpa. "Does institutional capacity matter? a case study of the Zambian Forestry Department /." Diss., St. Louis, Mo. : University of Missouri--St. Louis, 2008. http://etd.umsl.edu/r3321.
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9
Abdulkadir, Abdulkadir Hashim. "Reforming and retreating: British policies on transforming the administration of Islamic Law and its institutions in the Busa‘idi Sultanate 1890-1963." Thesis, University of the Western Cape, 2010. http://hdl.handle.net/11394/1651.
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Magister Legum - LLM<br>After the establishment of the British Protectorate in the Busa‘idi Sultanate in 1890, the British colonial administration embarked on a policy of transforming the administration of Islamic law and its institutions which included the kadhi, liwali and mudir courts. The ultimate objective of the transformation process was to incorporate such institutions into the colonial enterprise and gradually reform them. Within a span of seven decades of their colonial rule in the Busa‘idi Sultanate, the British colonial authorities managed to transform the administration of Islamic law and its institutions. Key areas of the transformation process included the formalisation of the administration of Islamic law in which procedural laws related to MPL and wakf regulations were codified. Kadhi courts and wakf commissions were institutionalised and incorporated into the colonial apparatus. In the process of transforming the kadhi courts, the British colonial authorities adopted three major policies: institutional transformation, procedural transformation, and exclusion of criminal jurisdiction from kadhi courts. The focus of the transformation process was on the curtailment of kadhis powers. By 1916 criminal jurisdiction was removed from kadhis and their civil jurisdiction was gradually confined to MPL. Other significant areas of the transformation process were the wakf institutions and slavery. Wakf institutions were related to land issues which were crucial to the colonial politics and the abolition of slavery in the Busa‘idi Sultanate was a primary concern of the British colonial administration. Through policies of compromise and coercion, the British colonial officials managed to gradually abolish slavery without causing political or social upheavals in the Sultanate. Due to the fact that there was no uniform policy on the transformation exercise undertaken by the British colonial officials on the ground, the reform process was marked with transformative contradictions which seemed to be a hallmark of British colonial policy in the Busa‘idi Sultanate. For instance, British colonial policies on transforming wakf institutions were caught in a contradiction in that, on the one hand, colonial efforts were geared towards transforming the land system in order to achieve economic development, and on the other hand, the British colonial officials were keen to uphold a paternalistic approach of adopting a non-interference policy in respect of religious institutions. Similarly, in abolishing slavery, the British colonial government, on the one hand, was under pressure from philanthropists and missionaries to end slavery, and, on the other hand, the British colonial officials on the ground portrayed their support of the slave owners and advocated a gradual approach to abolish slavery. Findings of this thesis reveal that the British colonial administration managed to achieve complete reform in some cases, such as, the abolition of liwali and mudir courts and confining kadhis’ civil jurisdiction to MPL, while in other areas, such as, the management of wakf institutions and the abolition of slavery, the British faced resistance from the Sultans and their subjects which resulted in partial reforms. Hence, in the process of transforming the administration of Islamic law and its institutions in the Busa‘idi Sultanate, the British colonial administration adopted a dual policy of reforming and retreating.<br>South Africa
10
Ndulu, John Kimuli. "Factors affecting institutional transformation : a case for a microfinance regulatory framework in Kenya." Thesis, Stellenbosch : University of Stellenbosch, 2010. http://hdl.handle.net/10019.1/8474.
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Thesis (MDF)--University of Stellenbosch, 2010.<br>Regulating microfinance activities has been an important policy concern in improving financial
inclusion and extending financial services to all. However, introducing a regulatory framework of
any kind pushes targeted institutions to change. In this case, microfinance regulatory framework
that came to effect in 2008 has created three tiers of microfinance institutions: prudentially
regulated deposit-taking institutions, credit only and unregulated informal groups. Those
undertaking deposit-taking business were required by this regulation to transform their operations
to comply with the requirements. Though many institutions wanted to be allowed to mobilise public
deposits, only three institutions had managed to obtain at least a provisional license two years after
the regulation became operational. The purpose of this research is to establish the factors affecting
this microfinance transformation process in Kenya.
Experiences around the world indicate that microfinance regulatory frameworks are dogged with a
myriad of challenges that, at times, has limited the enjoyment of benefits of regulation. These
challenges affect both the regulator and institutions being regulated. This study identifies several
important factors affecting the transformation process of microfinance institutions in Kenya. These
include the ability to meet capital requirements, restructuring existing ownership and getting new
shareholders, ability to raise funds for transformation, acquiring suitable information systems,
motivation to be regulated, governance issues and managerial inertia. These factors explain why
certain institutions have moved faster than others in the transformation process and why some
have opted to remain credit only.
11
Steffani, Marco Aurélio. "Implicações sócio-econômicas do cumprimento do código florestal: estudo de casos em unidades de produção familiares em Mariópolis - PR." Universidade Tecnológica Federal do Paraná, 2012. http://repositorio.utfpr.edu.br/jspui/handle/1/417.
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Este projeto tem como foco de estudos as implicações sócio-econômicas do cumprimento do Código Florestal (CF) em propriedades de agricultores familiares de Mariópolis – PR. O interesse por esta temática surgiu da necessidade de conciliar o atual modelo de exploração agrícola imposto pela sociedade com a recuperação e preservação dos recursos naturais de maneira equilibrada. Aborda as dificuldades de aplicação da referida lei em pequenas propriedades rurais do Sudoeste do
Paraná, em função das particularidades que estas apresentam. Trata um pouco sobre a multifuncionalidade da agricultura familiar e de pagamento por bens e serviços ambientais. O resultado do estudo mostra que o cumprimento do Código Florestal nas três propriedades analisadas (“A”, “B” e “C”) provocaria perdas de renda (R$/ha de Superfície de Área Útil - SAU) de R$ 5.049,37, R$ 852,39 e R$ 2.077,83, o que corresponde a 17,5%, 5,06% e 8,8% de redução da Renda Total das Propriedades, respectivamente.<br>This project focuses on studies of the socioeconomic implications of compliance with
the Forest Code (FC) on the properties of family farming Mariópolis - PR. The interest
in this subject arose from the need to reconcile the current model of agriculture
imposed by society with the recovery and preservation of natural resources in a
balanced manner. Discusses the difficulties of implementing this law on small farms
in southwestern Paraná, depending on the features that they present. This is a little
on the multifunctionality of agriculture and family to pay for environmental goods and
services. The study result shows that the implementation of the Forestry Code in the
threeproperties analyzed ("A", "B" and "C") would result in loss of income (R$ / ha of
Superfície de Área Útil - SAU) of R$ 5.049, 37, R$ 852,39 and R$ 2.077,83, which
corresponds to 17,5%, 5,06% and 8,8% reduction in Total Income properties, respectively.
12
Bronkars, Caroline. "Kumulative Eigentumseingriffe." Hamburg Kovač, 2007. http://www.verlagdrkovac.de/978-3-8300-3164-2.htm.
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13
Mwariri, Gladys Wanjiru. "The impact of international trade and investment policies on the labour rights of export processing zones' workers : the case of Kenya." Diss., University of Pretoria, 2007. http://hdl.handle.net/2263/5760.
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Investigates to what extent international trade and investment policies affect the
labour rights of EPZ (Export Processing Zones) workers in Kenya. Audit the existing legal and policy framework for labour protection in Kenya and determines the extent to which the labour rights of EPZ workers in Kenya are protected. Also examines whether whether the EPZs are beneficial to Kenya and identify ways in which the labour rights of EPZ workers can be protected.<br>Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2007.<br>A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Prof Hani Sayed of the American University in Cairo, Egypt.<br>http://www.chr.up.ac.za/<br>Centre for Human Rights<br>LLM
14
Chishaleshale, Mwale. "Governance and management of urban trees and green spaces in South Africa: ensuring benefits to local people and the environment." Thesis, Rhodes University, 2013. http://hdl.handle.net/10962/d1006035.
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In the face of rapid urbanization and global climate change, urban trees and green spaces (UTGS) can contribute to the welfare of people and the urban environment. Urban trees and green spaces can assist to address urbanization challenges related to environmental degradation. While functions of UTGS have been well documented in the developed world, they have not yet received full attention in much of sub-Saharan Africa. Consequently, UTGS are under threat from urban development and fragmentation. Notably, the problems associated with UTGS also fall into the governance realm and indications are that poor governance and management of UTGS can negatively influence the potential benefits of UTGS to local people and the environment. This formed a basis for this research. The main objective of the study was to determine the current governance and management approaches to UTGS in South Africa. Through document search and review, the study determined the governance institutions influencing UTGS at national level and at provincial level (in the Limpopo and Eastern Cape Provinces). Face-to-face and online survey methods were used to determine the extent to which 28 local municipalities had adopted planned, systematic and integrated management of UTGS. The snowball approach was used to determine the key actors involved in UTGS activities and interviews were conducted to establish the roles and capabilities of these actors. A total of 540 household interviews were conducted to determine the institutional factors influencing local peoples’ ability to access, plant and use UTGS. The findings of the study showed that UTGS have not been adequately covered in existing governance institutions and practice at national and provincial levels. Local government municipalities were not managing their UTGS in a planned or systematic manner due to constraining factors such as insufficient funds, insufficient personnel, lack of equipment and lack of political support. Only 7.1 % of the surveyed municipalities had an urban tree management plan and an estimate of the urban tree stock; 32.1 % had tree policies; 28.6 % had tree bylaws; 21.4 % had tree planting schedules; 10.7 % had tree maintenance schedules and only 3.6 % had tree inspection schedules. Key actors involved in UTGS activities differed among levels of government. The actors included national and provincial government departments, local government municipalities, Non-Governmental Organizations, private sector companies and local volunteers. Most of the actors, however, either planted trees or provided tree seedlings to municipalities and the local people. Tenure security was a key institutional factor affecting peoples’ ability to plant, use or even remove trees from their residential plots. The same applied to trees in the streets and public parks. Whereas most respondents did not require permission to plant (79.8 %) or remove (75 %) trees on their residential plots, a majority of them required permission to plant and remove trees from streets (over 70 %) and public parks (over 80 %). However, with regard to planting and removing urban trees in public open spaces, 54% of the respondents indicated that permission was not required suggesting a lack of clarity among local residents on the issue. Overall, the findings of this study indicate that there is no political recognition and support for UTGS at almost all levels of government. This has resulted in the lack of incorporation of UTGS in urban planning and development and has caused UTGS to receive limited funding to permit planned and systematic management. Given the current rates of urbanization and urban development, the lowly prioritised UTGS are vulnerable to exploitation. To conserve UTGS and promote their potential contribution to local people and the environment, UTGS must be recognized and placed on political and development agendas. There is a need to develop national guidelines for UTGS management, assess the extent of the urban forest resource in local municipalities, clearly define the roles and capabilities of different actors, integrate UTGS in the urban planning and development system, and most of all seek to involve the local people in overall management and governance of UTGS.
15
Tallier, Pierre Alain. "Forêts et propriétaires forestiers en Belgique, 1814-1914: histoire de l'évolution de la superficie forestière, des peuplements, des techniques sylvicoles et des débouchés offerts aux produits ligneux." Doctoral thesis, Universite Libre de Bruxelles, 1996. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/212281.
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Chebii, John Kipkoech. "Forest management and conservation in Kenya: a study of the role of law in the conservation of forest resources." Thesis, 2015. http://hdl.handle.net/10500/20093.
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Ojienda, Tom Odhiambo. "HIV/AIDS and the labour sector : examining the role of law in protecting the HIV positive worker in Kenya." Thesis, 2010. http://hdl.handle.net/10500/3617.
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Kenyan labour laws inadequately protect HIV positive worker. The Constitution of Kenya, 1963, does not prohibit stereotypical attitudes adverse to HIV positive workers and discrimination on the basis of health status. It does not provide for the right to employment, health and health care services, and fails to delimit privacy and dignity rights. Under the Industrial Property Act, 2001, the basis for Government exploitation of patent through compulsory licensing is whimsical and parallel importing is not envisaged. Employers unilaterally draft employment contracts notwithstanding their unequal power relations to employees. The HIV and AIDS Tribunal institutionalises discrimination against HIV positive workers on the basis of the ambiguous ‘inherent job requirements.’ Plausible international labour laws and practices have no place in Kenya unless they are domesticated.
SUMMARY
This thesis interrogates the Kenyan labour laws and policies to identify their inefficiencies and suggest recommendations for reform. It commences with an analysis of the topical issues associated with the HIV positive worker. It then examines the extent of prevalence and ramifications of HIV/AIDS in Kenya. Subsequently, it studies the efforts made at the international and domestic arena in protecting the HIV positive worker. A comparative analysis is made of the laws protecting the HIV positive worker in a number of countries, namely, South Africa, United States of America and Australia.
The thesis draws conclusions and recommends measures on how best to protect the Kenyan HIV positive worker. The labour laws should be amended to prohibit discrimination on the basis of health status, provide for right to affordable medication and work, allow negotiation of employment contracts, list international laws that Kenya ratifies without reservation as a source of law and delimit the concept of ‘inherent requirements of a job.’ The public should be sensitised to embrace HIV positive workers. Once the new Constitution is enacted, it should list socio-economic rights as fundamental rights and reform the office of the ombudsman to deal with complaints against private employers.<br>(LL.D.)
18
Abdulkadir, Abdulkadir Hashim. "Reforming and retreating: British policies on transforming the administration of Islamic Law and its institutions in the Busaâidi Sultanate 1890-1963." Thesis, 2010. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_4114_1359550793.
Full textAbstract:
<p>After the establishment of the British Protectorate in the Busa&lsquo<br>idi Sultanate in 1890, the British colonial administration embarked on a policy of transforming the administration of Islamic law and its institutions which included the kadhi, liwali and mudir courts. The ultimate objective of the transformation process was to incorporate such institutions into the colonial enterprise and gradually reform them. Within a span of seven decades of their colonial rule in the Busa&lsquo<br>idi Sultanate, the British colonial authorities managed to transform the administration of Islamic law and its institutions. Key areas of the transformation process included the formalisation of the administration of Islamic law in which procedural laws related to MPL and wakf regulations were codified. Kadhi courts and wakf commissions were institutionalised and incorporated into the colonial apparatus. In the process of transforming the kadhi courts, the British colonial authorities adopted three major policies: institutional transformation, procedural transformation, and exclusion of criminal jurisdiction from kadhi courts. The focus of the transformation process was on the curtailment of kadhis powers. By 1916 criminal jurisdiction was removed from kadhis and their civil jurisdiction was gradually confined to MPL. Other significant areas of the transformation process were the wakf institutions and slavery. Wakf institutions were related to land issues which were crucial to the colonial politics and the abolition of slavery in the Busa&lsquo<br>idi Sultanate was a primary concern of the British colonial administration. Through policies of compromise and coercion, the British colonial officials managed to gradually abolish slavery without causing <br>political or social upheavals in the Sultanate. Due to the fact that there was no uniform policy on the transformation exercise undertaken by the British colonial officials on the ground, the reform process was marked with transformative contradictions which seemed to be a hallmark of British colonial policy in the Busa&lsquo<br>idi Sultanate. For instance, British colonial policies on transforming wakf institutions were caught in a contradiction in that, on the one hand, colonial efforts were geared towards transforming the land system in order to achieve economic development, and on the other hand, the British colonial officials were keen to uphold a paternalistic approach of adopting a non-interference policy in respect of religious institutions. Similarly, in abolishing slavery, the British colonial government, on the one hand, was under pressure from philanthropists and missionaries to end slavery, and, on the other hand, the British colonial officials on the ground portrayed their support of the slave owners and advocated a gradual approach to abolish slavery. Findings of this thesis reveal that the British colonial administration managed to achieve complete reform in some cases, such as, the abolition of liwali and mudir courts and confining kadhis&rsquo<br>civil jurisdiction to MPL, while in other areas, such as, the management of wakf institutions and the abolition of slavery, the British faced resistance from the Sultans and their subjects which resulted in partial reforms. Hence, in the process of transforming the administration of Islamic law and its institutions in the Busa&lsquo<br>idi Sultanate, the British colonial administration adopted a dual policy of reforming and retreating.</p>
19
Tibbets, Ashlee. "Implications of the 2008 Lacey Act amendments : insights from the wood products industry." Thesis, 2011. http://hdl.handle.net/1957/26108.
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Export-oriented illegal logging has been recognized as a major global problem in environmental, social, and economic terms. It has been argued that export-oriented illegal logging does not benefit the community or government that should be benefited by its own natural resources. The emergence of policy initiatives targeting illegal logging could have the potential to increase the competitiveness of legally sourced timber products by removing illegal products from the market of the consuming country.
The US Lacey Act amendments of 2008 set a precedent for the global trade in plants and plant products by putting in place incentives for US wood products importing companies to demand legally sourced and traded wood. This research addresses how the 2008 Lacey Act amendments have impacted the US wood industry, and how those affected by the amendments view the future of environmental policy and global illegal logging as impacted by the amendments.
The majority of respondents in this study agree that steps should be taken to decrease global illegal logging, but some aren't convinced that the Lacey Act amendments will ultimately have the desired effect. According to this research, most US wood importers have made small changes to their operational practices. This study indicates the possibility that though US wood importers feel the responsibility to ensure their companies are compliant with legislation, they are not sure the 2008 Lacey Act amendments will ultimately hinder global illegal logging. Included in this study are also suggestions from US wood importers regarding policy implementation. These suggestions include an increase in communication between the US government and US wood products companies, an increase in future research, and the possibility of focusing the Lacey Act on certain high-risk regions.<br>Graduation date: 2012
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Rodgers, Manana Wanyonyi Edison. "Integration of unmanned aircraft systems into civil aviation : a study of the U.S., South Africa and Kenya." Thesis, 2020. http://hdl.handle.net/10500/27124.
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The rapid increase and popularity of Unmanned Aircraft Systems (UAS) in civil usage around the world is due to their versatility. With advancement in technology across the globe, there are UAS of different sizes and capabilities in the market. It is imperative to note that the use and operation of UAS have numerous merits and equally, potentially poses serious risks to aviation safety, unlawful interference with States’ security as well as invasion of the privacy of persons. This reality poses a challenge to integration of UAS into the civil airspaces of different States.
Accordingly, the international community developed the Chicago Convention that provides the principal framework to address the threefold concerns. At the international level, however, there is lack of a unified system of regulation of UAS. Consequently, the Chicago Convention requires States to develop national institutions and legal frameworks to not only effectively address these concerns, but also create a delicate balance between national security and right to privacy.
This thesis evaluates how the legal, institutional and policy frameworks for UAS in the US, South Africa and Kenya have addressed the current needs and challenges in operation and integrating them into regulatory frameworks for civil aviation. It follows that the three States have developed constitutional frameworks, legislation, regulations, policies and strategic plans as they seek to address the challenges that emanate from integrating UAS into the civil aviation airspace. This encompasses ineffective enforcement mechanism of regulations.
The thesis maps out experiences of integration in the three countries, emanating from research goals including investigating the extent to which existing international regulatory frameworks address the threefold concerns. The study establishes that the common thread running through UAS regulation is each country’s unique issues and paths to integration. Additionally, that the approach for integration of UAS into civil aviation needs be gradual and pragmatic. For this reason, this thesis recommends the development of institutional capacity, coordination and funding, and increase in regional efforts to revamp UAS integration efforts into civil aviation.<br>Public, Constitutional, and International Law<br>LL. D. (Public, Constitutional and International Law)
21
Mulwa, Emmah Mwende. "Language management in relation to language needs, uses and preferences in subordinate courts : a case study of Machakos County." Thesis, 2019. http://hdl.handle.net/10500/27010.
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This study was an exploration of how language is managed in the subordinate courts of Machakos County in Kenya. It was an investigation into the language policy used in the courts,
and whether the languages serve the needs, uses and preferences of the people. Language use in Kenya is constitutional (The Constitution of Kenya, 2010).The national language of the Republic of Kenya is Kiswahili and its official languages are English and Kiswahili. The constitution shall protect and promote indigenous languages of the people of Kenya. The constitution further indicates that there shall be general provisions to the Bill of Rights, fundamental freedoms, and
that the authority of courts shall uphold and enforce the Bill of Rights. (The Kenya Constitution, 2010, (Cap 4, entitled “The Bill of Rights” has subcategories ranging from Part 1 to Part 5. Part 1 elaborates on general provisions relating to the Bill of Rights, Part 2 on Rights and fundamental freedoms, Part 3 on specific application of Rights, Part 4 on state of emergency and Part 5 on Kenya National Human Rights and Equality Commission). The study attempts to establish
whether or not the subordinate courts adhere to these provisions, which policy makers need to adhere to.
This research further explores solutions to the problem of communication during court
proceedings. Its aim was to advance scientific information that would inform the formulation of a more accommodating language policy in Subordinate Courts. The background information and the history of the courts language gave an overview of how language in subordinate courts is used according to various scholars. The evaluation of how language is used during court proceedings shed light on the people‟s language needs, uses and preferences.<br>Linguistics and Modern Languages<br>D. Litt et Phil. (Linguistics)
22
Roelofsen, Aukje. "Approaches to modelling catchment-scale forest hydrology." Thesis, 2002. http://hdl.handle.net/10413/4566.
Full textAbstract:
South African commercial plantations occupy an estimated 1.5 million hectares of the country and as the demands for timber products increase, this area is expected to increase. However, further expansion is limited, not only by the suitability of land, but also by the pressures from other water users. As a result the need has arisen for simulation models that can aid decisionmakers and planners in their evaluation of the water requirements of forestry versus competing land uses at different spatial scales. Different models exist to perform such tasks and range from simple empirical models to more complex physically-based models. The policies of the National Water Act (1998) relating to forestry serve to highlight the requirements of a model used for the assessment of afforestation impacts and these are discussed in this document. There is a perception that physically-based distributed models are best suited for estimation of afforestation impacts on a catchment's water yield since their physical basis allows for extrapolation to different catchments without calibration. Furthermore, it is often stated that the model parameters have physical meaning and can therefore be estimated from measurable variables. In this regard, a review of physically-based modelling approaches and a comparison of two such hydrological models forms the main focus of this dissertation. The models evaluated were the South African ACRU model and the Australian topography-based Macaque model. The primary objective of this research was to determine whether topography-based modelling (Macaque model) provides an improved simulation of water yield from forested catchments, particularly during the low flow period, compared to a physically-based model (ACRU model) that does not explicitly represent lateral sub-surface flow. A secondary objective was the evaluation of the suitability of these models for application in South Africa. Through a comparison of the two models' structures, the application of the models on two South African catchments and an analysis of the simulation results obtained, an assessment of the different physically-based modelling approaches was made. The strengths and shortcomings of the two models were determined and the following conclusions were drawn regarding the suitability of these modelling approaches for applications on forested catchments in South Africa:• The ACRU model structure was more suited to predictive modelling on operational catchments, whilst the more complex Macaque model's greatest limitation for application in South Africa was its high input requirements which could not be supported by the available data. • Despite data limitations and uncertainty, the Macaque model's topography-based representation of runoff processes resulted in improved low flow simulations compared to the results from the ACRU simulations, indicating that there are benefits associated with a topographically-based modelling approach. • The Macaque model's link to the Geographic Information System, Tarsier, provided an efficient means to configure the model, input spatial data and view output data. However, it was found that the ACRU model was more flexible in terms of being able to accurately represent the spatial and temporal variations of input parameters. Based on these findings, recommendations for future research include the. verification of internal processes of both the ACRU and Macaque models. This would require the combined measurement of both catchment streamflow and processes such as evapotranspiration. For the Macaque model to be verified more comprehensively and for its application in operational catchments it will be necessary to improve the representation of spatial and temporal changes in precipitation and vegetation parameters for South African conditions.<br>Thesis (M.Sc.)-University of Natal ,Pietermaritzburg, 2002.
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Saurombe, Nampombe Pearson. "Public programming of public archives in the East and Southern Africa regional branch of the International Council on Archives (ESARBICA):." Thesis, 2016. http://hdl.handle.net/10500/20084.
Full textAbstract:
Public programming initiatives are considered as an integral part of archival operations because they support greater use of archival records. This study investigated public programming practises in the ESARBICA region. The findings of the study were determined after applying methodological triangulation, within a quantitative research context. This included the use of self-administered questionnaires, semi-structured interviews and the analysis of documents and websites. Participants in this study were ESARBICA board members, Directors of the National Archives and archivists from the ESARBICA region. Nine (69.2%) national directors representing different member states completed the questionnaire and eight archivists from the same region were interviewed. Furthermore, three ESARBICA board members were also interviwed. Legislation and country reports from ESARBICA member states were reviewed, together with websites of institutions within the ESARBICA region that offered archival education and training.
Findings of the study indicated that public programming initiatives were not a priority. Reasons for this included lack of public programming policies, budgetary constraints, shortage of staff and lack of transport. Furthermore, the national archives were reluctant to rope in technology to promote their archives. Collaboration efforts with regard to promoting archives were shallow. Moreover, the investigation of user needs was restricted to existing users of the archives. In addition to all this, the archivists felt that they needed to improve their public programming skills.
The study therefore suggests that the national archives of ESARBICA should focus on: legislation, public programming policies, advocacy, users, partnerships and skills. Taking these factors into consideration, an inclusive and integrated public programming framework was developed and proposed as a possible measure for improving public programming efforts in the ESARBICA region.<br>Information Science<br>D. Litt. et Phil. (Information Science)
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Thobejane, Matsebe Jerry. "Evaluation of the role of stakeholders in the development of the Water Resource Classification System policy." Thesis, 2014. http://hdl.handle.net/10210/11016.
Full textAbstract:
M.A. (Public Management and Governance)<br>“Water will be the scarce resources in the 21st century.” This vision was brought to the South African Government’s attention after the Water Research Commission (WRC) conducted extensive research as illustrated in the WRC’s Annual report for 2007/8. According to the WRC, the research aimed to enlighten decision and policy makers to take precautionary measures that will help guarantee that water resources are “protected, used, developed, conserved, and managed in a sustainable manner”. Hence, the Department of Water Affairs and Forestry (DWAF) has started developing the Water Resource Classification System to mitigate the anticipated challenge envisioned. Among others, the WRC’s findings guided the development of this policy. On the other hand, the South African Constitution, 1996 states that, “people have the right to environment which is not harmful to the citizen”. Other legislation, such as the National Environmental Management Act (1998), the National Water Act, 1998 and the Water Services Act, 1997 echoed the same sentiment. The National Water Act, 1998 served as basis for a National Water Resources Strategy as a framework to guide the entire Water Resource Classification System policy process (Chapter 2: Part 1 of the National Water Act, 1998. Section 195 (e) of the South African Constitution, 1996, highlights that “people’s needs must be responded to, and the public must be encouraged to participate in the policy making”. Thus, the role of stakeholder participation in the DWAF Water Resource Classification System (WRCS) was chosen as a topic for investigation to inform policy makers as well as to identify policy defects. The research project aimed to evaluate the level of stakeholder participation in developing policy, as well as identifying and assessing the nature, influence and levels of their participation. It was established that broad stakeholder participation was a critical success factor during this policy development process. However, the WRCS was finalised based only on the information gathered from a few stakeholders. It should be noted that when water classification was undertaken the environmental issues were considered in such a way that the classification process does not in one way or another compromise the environment in general and is not detrimental to ecosystems in particular. According to the National Water Act, 1998, water is classified in three categories, namely minimally, moderately and heavily. In other countries water is treated as just another natural resource, but in South Africa water is treated as government’s scarce resource. This study investigated the importance of stakeholder participation as a key to policy development in a democratic state and concluded that better participation would have enhanced citizen ownership and shaping the policy concerned.
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Perlman, Leon Joseph. "Legal and regulatory aspects of mobile financial services." Thesis, 2012. http://hdl.handle.net/10500/13362.
Full textAbstract:
The thesis deals with the emergence of bank and non-bank entities that provide a range of unique
transaction-based payment services broadly called Mobile Financial Services (MFS) to unbanked,
underserved and underbanked persons via mobile phones.
Models of MFS from Mobile Network Operators (MNOs), banks, combinations of MNOs and banks, and
independent Mobile Financial Services Providers are covered. Provision by non-banks of ‘bank-type’
services via mobile phones has been termed ‘transformational banking’ versus the ‘additive banking’
services from banks. All involve the concept of ‘branchless banking’ whereby ‘cash-in/cash out’ services
are provided through ‘agents.’
Funds for MFS payments may available through a Stored Value Product (SVP), particularly through a
Stored Value Account SVP variant offered by MNOs where value is stored as a redeemable fiat- or mobile
‘airtime’-based Store of Value.
The competitive, legal, technical and regulatory nature of non-bank versus bank MFS models is discussed,
in particular the impact of banking, payments, money laundering, telecommunications, e-commerce and
consumer protection laws. Whether funding mechanisms for SVPs may amount to deposit-taking such that
entities could be engaged in the ‘business of banking’ is discussed. The continued use of ‘deposit’ as the
traditional trigger for the ‘business of banking’ is investigated, alongside whether transaction and paymentcentric
MFS rises to the ‘business of banking.’
An extensive evaluation of ‘money’ based on the Orthodox and Claim School economic theories is
undertaken in relation to SVPs used in MFS, their legal associations and import, and whether they may be
deemed ‘money’ in law.
Consumer protection for MFS and payments generally through current statute, contract, and payment law
and common law condictiones are found to be wanting. Possible regulatory arbitrage in relation to MFS in
South African law is discussed.
The legal and regulatory regimes in the European Union, Kenya and the United States of America are
compared with South Africa. The need for a coordinated payments-specific law that has consumer
protections, enables proportional risk-based licensing of new non-bank providers of MFS, and allows for a
regulator for retail payments is recommended. The use of trust companies and trust accounts is
recommended for protection of user funds.
| vi<br>Public, Constitutional and International Law<br>LLD