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Dissertations / Theses on the topic 'Law and effectiveness'
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Garland, Denise Michelle. "Law enforcement instructor effectiveness guidebook." CSUSB ScholarWorks, 2001. https://scholarworks.lib.csusb.edu/etd-project/1840.
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Ferreira, Laura Cristhina Fiore. "The effectiveness of Brazilian competition law." Thesis, University of Warwick, 1998. http://wrap.warwick.ac.uk/2578/.
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Attempts to regulate competition in Brazil have been made since the early 1960s without much success. However, with the adoption of trade liberalisation measures in the early 1990s, competition has gradually been regarded as an essential element of the process of liberalisation of the economy, and thus efforts have been made to develop and enforce competition law and policy. This thesis describes and evaluates competition law in Brazil during this last period. It critically analyses the legislation, the practices of enforcement agencies and the relevant case law. Emphasis is given to the study of cases which involve restrictive business practices as well as mergers, and which have been decided at the administrative level. This thesis highlights four main points: 1) developing countries should try to develop their own approach to competition law, and avoid adopting models created in other countries that reflect another reality; 2) competition legislation must define the approach to be adopted in the implementation of competition law in order to avoid uncertainty in the market; 3) a well structured institutional framework is necessary for the enforcement of competition law and policy; and 4) competition policy should be part of a coherent set of economic policies adopted by the government. The conclusion of this thesis is that competition policy in Brazil has not yet produced significant results. Factors that undermine competition policy in Brazil are the system for the enforcement of the law, the lack of coherence in case law, and changes in economic policy. On the other hand, there has been some progress: the legislation covers the main aspects of competition; the performance of enforcement agencies is improving; these agencies are co-ordinating their enforcement practices; and there is growing awareness among economic actors in Brazil that competition is desirable and should be protected.
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Nguyen, Anh Tuan, アン チュアン グエン, Shuya Hayashi, and 秀弥 林. "Assessing the Effectiveness of Vietnam's Competition Law." 名古屋大学大学院法学研究科, 2010. http://hdl.handle.net/2237/14333.
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Poon, Wai-yee Emily. "The effectiveness of plain language in the translation of statutes and judgments /." View the Table of Contents & Abstract, 2006. http://sunzi.lib.hku.hk/hkuto/record/B36762593.
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Bello, y. Villarino José-Miguel. "Fighting Corruption Through International Law: Assessing the Effectiveness of Conventional Anticorruption Law and Proposing an International Trade Law Approach." Thesis, The University of Sydney, 2022. https://hdl.handle.net/2123/28462.
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International law is one among many tools to fight corruption. It could be used in many different ways, but—with the exception of some higher standards to be met under development co-operation settings or in order to access integration areas such as the EU—we have largely seen the same response repeated during the last twenty-five years: addressing corruption by promoting the alignment of domestic legislation to certain treaty standards. I call this “conventional anticorruption law” as it is formalised in “conventions”, but also because it lacks creative thinking. Has this worked?
In the first part of the thesis, I present a vision of corruption from an international legal and policy perspective, proposing a new concept for corruption in international law. In the second part, I explore the type of data that can be used to assess the effectiveness of conventional anticorruption law (the World Bank’s Control of Corruption indicator mainly) and test whether there is any aggregate effect derived from the entry into force of anticorruption treaties. Generally, I argue that the picture is more complex than usually expected, but that, in the medium term, the conventions are not being accompanied by less corruption. I discuss several possible shortcomings of conventional anticorruption law compatible with this observation.
Finally, in the third part of the thesis I propose using international trade law to address these possible shortcomings and evaluate the difficulties that this new approach would face. The thesis concludes with a proposal for a model anticorruption chapter for comprehensive trade agreements.
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Bullard, Clifford Owen. "Evaluating wildlife law enforcement agent and agency effectiveness : a methodology /." Thesis, This resource online, 1992. http://scholar.lib.vt.edu/theses/available/etd-10062009-020028/.
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Tran, Wendalyn. "The Effectiveness of International Law in Upholding the Rights of Refugees." Scholarship @ Claremont, 2014. http://scholarship.claremont.edu/cmc_theses/965.
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The 1951 Convention and 1967 Protocol Relating to the Status of Refugees were established after World War II and are the primary documents that dictate international refugee policy. They were intended to protect the basic human rights of refugees; ensure them safe asylum; protect against refoulement; and provide refugees with basic services and assistance such as food, legal documents, and primary education. Despite the creation of these protective instruments, human rights abuses against refugees continue to be reported as the global refugee crisis worsens, raising into question the effectiveness of the 1951 Convention and 1967 Protocol. In this thesis, Jordan, Tanzania, and Thailand will serve as cases studies for exploring the effectiveness of the current international refugee regime. Both legislation and narratives will be analyzed in order to fully comprehend the context of the situation.
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Casas, Becerra Lidia. "The Effectiveness of Sexual Harassment Law in Chile: From Theory to Practice." Thesis, Université d'Ottawa / University of Ottawa, 2016. http://hdl.handle.net/10393/34670.
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This study examines the theoretical framework underlying Chilean legislation on sexual harassment in the workplace, notably to determine if the legislation has succeeded in uncovering and addressing the gender injustice and inequality involved in sexual harassment.
This study further reviews whether the legislation adopted in 2005 is meeting its intended goal of protecting targets from harm by providing effective relief, penalizing perpetrators, and promoting adequate labour relations and climate.
A combination of research methods were employed, notably a review of the legal scholarship, of Chile’s regulatory framework for sexual harassment, and of administrative and court system jurisprudence involving targets and perpetrators from the period prior to the enactment of the legislation in March 2005 through to October 2014. Quantitative sexual harassment data were drawn from a nationwide household survey conducted in 2011 by Proyecto Araucaria (“Research, Policy and Practice With Regard to Work-Related Mental Health Problems in Chile: A Gender Perspective”) The study also included interviews with key informants and focus groups with female workers.
This study concludes that the debate between the equality versus protection of personal dignity paradigms is an abstract discussion not reflected in the practices of justice system actors, and that for the law to be effective, a sociopolitical and legal context facilitating recourse to it is required. Rather than considering only the formal resort to the relief provided in the law, it is crucial to examine the actual practices of individuals seeking to advance the protection of their rights.
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Davis, Robert Brent. "The law and econom(etr)ics of corruption." Thesis, The University of Sydney, 2014. http://hdl.handle.net/2123/13372.
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Corruption has become a deep-rooted feature of many economies and societies around the world. At the same time, there has been growing efforts both in international and municipal law to tackle, if not eliminate, the problem of corruption. This thesis looks at the effectiveness of such laws. In doing so, it draws on the toolkit of leximetrics (the application of econometrics to the law) to rigorously and transparently examine whether the creation of legal instruments lead to a behavioural change in impacted actors. The study also undertakes an expansive review of the theories of, and the literature on, law and economics, and develops new perspectives on the law and economics of corruption.
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Milano, Enrico. "Unlawful territorial situations in international law : reconciling effectiveness, legality and legitimacy /." Leiden [u.a.] : Nijhoff, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/506618226.pdf.
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Milano, Enrico. "Unlawful territorial situations : reconciling effectiveness, legality and legitimacy in international law." Thesis, London School of Economics and Political Science (University of London), 2004. http://etheses.lse.ac.uk/2778/.
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While the last few years have seen a strong attention by international lawyers towards alleged breaches of Article 2(4) of the UN Charter, much less attention has been devoted to the effects produced by such interventions upon the victim state. Article 2(4)'s main function is arguably to protect the 'territorial integrity or political independence' of states, and the aims and effects of military interventions often undermine states' territorial sovereignty well after the cessation of the hostilities. The thesis sheds light on the extent to which international law protects states' and peoples' territorial sovereignty by studying the phenomenon of unlawful territorial situations. An unlawful territorial situation can be defined as a territorial occupation established and maintained as a result of a violation of international law, such as in the case of the illegal use of force. The thesis analyses unlawful territorial situations through the lenses of the legal-normative concepts of effectiveness, legality and legitimacy. The concept of effectiveness as a device for transforming effective realities into law was considered one of the fundamental principles of international law during the 19th century and the first part of the 20th century. It deeply influenced the notions of statehood and territorial sovereignty as inherited by contemporary international law. However, the second part of the 20th century has seen the emergence of principles of substantive legality limiting the action of effectiveness as a source of territorial entitlement. The thesis shows how a situation of territorial unlawfulness can be defined with regard to four international legal principles: the prohibition against the change of territorial status through the use of force; uti possidetis iuris, self-determination; and territorial integrity. The thesis appraises the significance of effectiveness vis-a-vis these principles in the context of unlawful territorial situations. It argues that while effectiveness is no longer a fundamental principle of international law, it plays an important role when accompanied and enhanced by the legitimacy of the underlying claim, or by the external legitimation of an authoritative body, e.g. the Security Council. Whereas legitimacy is a concept supposedly built on the fundamental principles of the international community, it goes beyond positive legality, and it often represents a less objective, less transparent and less egalitarian device of power acceptance and recognition. However, adopting legitimacy as a device for transforming illegal effectiveness into a legal one, is paradoxically a way for the international community to safeguard the integrity of its principles of substantive legality, despite making them in some cases peripheral to the actual regulation of disputes.
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Davis, Tara M. "International intellectual property rights : effectiveness of incentives for enforcement." Virtual Press, 2008. http://liblink.bsu.edu/uhtbin/catkey/1390656.
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In this technological age the distribution of information happens faster and easier than ever before. This ease of transfer of information brings challenges for international intellectual property rights protection. It addresses reasons governments work to increase enforcement and reasons governments do not comply with enforcement protocols. It assesses the pressure international agreements and incentives exert on governments to produce compliance. This paper evaluates 76 countries in three non-consecutive years on their level of enforcement. It includes a discussion of contributing factors to government choice in interaction and enforcement. The question of enforcement incentives is addressed both across time and across countries.<br>Department of Political Science
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Poon, Wai-yee Emily, and 潘慧儀. "The effectiveness of plain language in the translation of statutes andjudgments." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2006. http://hub.hku.hk/bib/B45015648.
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Popov, Nikolay. "The Effectiveness of the Grounds for the Annulment of ICSID Awards." Thesis, Uppsala universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-411883.
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Farinde, Louisa Omolara. "The effectiveness of protecting children's rights in post-conflict Liberian society." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15200.
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This dissertation will primarily involve desk-based research to examine those provisions of the Liberian Children's Law that refer to measures preventing the use of children in armed conflict, measures protecting children from being used in armed conflict as well as measures reintegrating children into society who have participated in such violence in their past in light of CRC standards. Reference will also be made to scholarly contributions on children's rights in postconflict societies, reports on and documentation of the condition of child rights in Liberia and the relevant international and regional human rights instruments including the International Convention on the Rights of the Child, the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Rome Statute of the International Criminal Court, and the African Charter on the Rights and Welfare of the Child. Among critiquing the Children's Law by comparing its standards to other international human rights instruments, feasibility of the Children's Law will be examined by considering 1) justiciability, 2) accessibility, and 3) enforceability as criteria indicating whether the Children's Law is a substantive document and proves effective in theory or not.
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Owen, Crystal L. "Dispute resolution procedures and organizational adaptation : a distributive-pattern approach to evaluation of effectiveness." Connect to resource, 1987. http://rave.ohiolink.edu/etdc/view.cgi?acc%5Fnum=osu1262713757.
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Nicol, Byron Lloyd. "The effectiveness of the appraisal right as a form of shareholder protection." Master's thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/4525.
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Includes bibliographical references.<br>With the objects of facilitating the creation of business combinations, promoting flexibility and enhancing efficiency in the South African economy the legislature liberalised fundamental transaction policy under the Companies Act 71 of 2008 ('the Act'). Two of the leading reforms were: limiting the court's involvement in the approval of fundamental transactions to specified circumstances, and the introduction of the innovative American concept of amalgamations and mergers ('M&A').
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Medina, Del Rio Lilian. "Experience Autism| Effectiveness of an Autism Training Program for Law Enforcement Officers." Thesis, Biola University, 2018. http://pqdtopen.proquest.com/#viewpdf?dispub=10791743.
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<p> Autism spectrum disorder (ASD) is characterized by deficits in social interaction and social communication skills. High ASD prevalence rates have increased public concern about how persons diagnosed with the disorder will interact with others in their communities. Police officers routinely interact with people diagnosed with a variety of disabilities and mental illnesses. Current law enforcement training includes a broad focus on mental illness that may not be sufficient to prepare law enforcement officers to interact with persons diagnosed with ASD. The present study evaluated the effectiveness of a privately-owned ASD training program developed for law enforcement officers. A total of 195 police officers participated in this study during 3 separate training events at 2 police departments in Southern California. Results showed a significant increase in participants’ knowledge of core ASD symptoms in 4 out of 6 program training modules. In addition, participants reported gains in the following domains: perceived confidence in interacting with persons with ASD, perceived practicality of providing accommodations for people diagnosed with ASD, and perceived relevance to participants’ work as police officers. The implications of these findings are discussed and recommendations are made regarding future presentations of the training and future areas of research.</p><p>
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Vasa, Alexander <1980>. "The Effectiveness of the Clean Development Mechanism – A law and economics analysis." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2012. http://amsdottorato.unibo.it/4976/1/Vasa_Alexander_tesi.pdf.
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Climate change has been acknowledged as a threat to humanity. Most scholars agree that to avert dangerous climate change and to transform economies into low-carbon
societies, deep global emission reductions are required by the year 2050. Under the framework of the Kyoto Protocol, the Clean Development Mechanism (CDM) is the only market-based instrument that encourages industrialised countries to pursue emission reductions in developing countries. The CDM aims to pay the incremental finance necessary to operationalize emission reduction projects which are otherwise not financially viable.
According to the objectives of the Kyoto Protocol, the CDM should finance projects that are additional to those which would have happened anyway, contribute to sustainable
development in the countries hosting the projects, and be cost-effective. To enable the identification of such projects, an institutional framework has been established by the Kyoto Protocol which lays out responsibilities for public and private actors. This thesis examines whether the CDM has achieved these objectives in practice and can thus be considered an effective tool to reduce emissions.
To complete this investigation, the book applies economic theory and analyses the CDM from two perspectives. The first perspective is the supply-dimension which answers the
question of how, in practice, the CDM system identified additional, cost-effective, sustainable projects and, generated emission reductions. The main contribution of this book is the second perspective, the compliance-dimension, which answers the question of whether industrialised countries effectively used the CDM for compliance with their Kyoto targets.
The application of the CDM in the European Union Emissions Trading Scheme (EU ETS) is used as a case-study. Where the analysis identifies inefficiencies within the supply or the
compliance dimension, potential improvements of the legal framework are proposed and discussed.
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Vasa, Alexander <1980>. "The Effectiveness of the Clean Development Mechanism – A law and economics analysis." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2012. http://amsdottorato.unibo.it/4976/.
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Climate change has been acknowledged as a threat to humanity. Most scholars agree that to avert dangerous climate change and to transform economies into low-carbon
societies, deep global emission reductions are required by the year 2050. Under the framework of the Kyoto Protocol, the Clean Development Mechanism (CDM) is the only market-based instrument that encourages industrialised countries to pursue emission reductions in developing countries. The CDM aims to pay the incremental finance necessary to operationalize emission reduction projects which are otherwise not financially viable.
According to the objectives of the Kyoto Protocol, the CDM should finance projects that are additional to those which would have happened anyway, contribute to sustainable
development in the countries hosting the projects, and be cost-effective. To enable the identification of such projects, an institutional framework has been established by the Kyoto Protocol which lays out responsibilities for public and private actors. This thesis examines whether the CDM has achieved these objectives in practice and can thus be considered an effective tool to reduce emissions.
To complete this investigation, the book applies economic theory and analyses the CDM from two perspectives. The first perspective is the supply-dimension which answers the
question of how, in practice, the CDM system identified additional, cost-effective, sustainable projects and, generated emission reductions. The main contribution of this book is the second perspective, the compliance-dimension, which answers the question of whether industrialised countries effectively used the CDM for compliance with their Kyoto targets.
The application of the CDM in the European Union Emissions Trading Scheme (EU ETS) is used as a case-study. Where the analysis identifies inefficiencies within the supply or the
compliance dimension, potential improvements of the legal framework are proposed and discussed.
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Noble, Andrew William. "The effectiveness of local government regulation of the taxi trade." Thesis, University of Birmingham, 2014. http://etheses.bham.ac.uk//id/eprint/4806/.
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Taxis are a widely used and heavily regulated area of public transport in England and Wales, but one which has been neglected by law academics and researchers. The original contribution to knowledge provided by this study is the finding that effectiveness of regulation of the trade relies upon local authority regulators creating and implementing their own system of ‘law’ outside the legislative framework and the trade acquiescing in that regime. Taking a qualitative-based empirical approach, this study critically assesses the taxi licensing regime through the views, attitudes and beliefs of those involved in the day-to-day application of the law. Many aspects of taxi regulation involve the exercise of local authority discretion, but the current system grants discretion in areas which ought to be confined by rules and often that discretion is exercised improperly. Whilst some degree of local administration of the system is desirable, many elements of taxi regulation would benefit from national standards to ensure consistency and uniformity. Although the study found a number of important exceptions to these general conclusions, on the whole the most effective methods of regulation were found to be those which operated beyond the legal framework and in which the trade acquiesced.
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Willingham, Kimberlyn Quovodice. "The effectiveness of new dimension community treatment center: correlation of success and failure." DigitalCommons@Robert W. Woodruff Library, Atlanta University Center, 1992. http://digitalcommons.auctr.edu/dissertations/458.
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This study examined the success and failure rates among noninstitutionalized black male delinquents aged 13 through 17 years from the Atlanta New Dimension Community Treatment Center of Georgia. Those who succeeded and those who failed were compared along the following dimensions: (1) family structure; (2) educational achievement; (3) social class; (4) seriousness of offense; and (5) alcohol-drug use. The data required for this study were collected using 50 successful case files and 50 failure case files. The study sample was drawn from one Atlanta community treatment center (CTC). The study findings disclose: (1) Those delinquents coming from an Intact family are more likely to succeed; (2) those with higher educational achievement will be more likely to succeed; (3) those who are products of middle class are more likely to succeed; (4) those delinquents with less serious offenses are more
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Tidmore, James R. "Basic police officer training in Oklahoma : an assessment of effectiveness and relevance /." Full-text version available from OU Domain via ProQuest Digital Dissertations, 1997.
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Gultekin, Sebahattin Benavides Abraham David. "Citizen involvement and law enforcement does coproduction affect organizational efficiency and organizational effectiveness? /." [Denton, Tex.] : University of North Texas, 2009. http://digital.library.unt.edu/permalink/meta-dc-11039.
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Gultekin, Sebahattin. "Citizen Involvement and Law Enforcement: Does Coproduction Affect Organizational Efficiency and Organizational Effectiveness?" Thesis, University of North Texas, 2009. https://digital.library.unt.edu/ark:/67531/metadc11039/.
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Citizen involvement in the production and delivery of public service has been a long time topic of interest and controversial debate among scholars. Essentially, the belief has been that if citizens are actively involved in the process, public organizations and communities benefit in numerous ways that will ultimately lead to increased citizen satisfaction. The purpose of this research is to explore the relationship between citizen involvement in the production of public safety and security and its effects on organizational efficiency and effectiveness of law enforcement agencies. To test the assumption that citizen involvement is positively correlated to organizational success and organizational efficiency of law enforcement agencies, a citizen involvement index was developed and used as the independent variable in ordinary least square regression (OLS) analysis. Three separate models are developed to measure the impact of citizen involvement on law enforcement. Findings obtained through bivariate and multivariate analyses indicate mixed results. Bivariate analysis revealed that citizen involvement was negatively correlated to organizational efficiency while no statistically significant correlation was found in multiple regressions. In addition, through bivariate analyses, citizen involvement was positively correlated with crime rates reported to city police departments, whereas multivariate regression analyses indicated that citizen involvement does not have a statistically significant impact on crime rates. Both analyses, however, provided support for the positive impact of citizen involvement on crime clearance rates. Finally, findings suggested that citizen involvement in public organizations and its effects on the production and delivery of public goods and services are overestimated from the perspective of law enforcement.
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Lövgren, Frisk Tove. "The Effectiveness of Labour Provisions in Bilateral Investment Treaties and their Future Potential." Thesis, Uppsala universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-351963.
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Chan, Ho Pan. "The effectiveness of mediation in resolving Hong Kong construction dispute." access abstract and table of contents access full-text, 2007. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b22445845a.pdf.
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Thesis (M.A.)--City University of Hong Kong, 2007.<br>"LW 6409A, dissertation" Submitted to School of Law, City University of Hong Kong. Title from PDF t.p. (viewed on Apr. 1, 2008) Includes bibliographical references.
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Garth, Melissa Speck. "Racial Attitude Priming and Effectiveness of a "Black Rage" Defense." W&M ScholarWorks, 1995. https://scholarworks.wm.edu/etd/1539626008.
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Steele, Joby B. "Missouri Public School Administrators' Perceived Effectiveness of Senate Bill No. 75." Thesis, Lindenwood University, 2016. http://pqdtopen.proquest.com/#viewpdf?dispub=10123633.
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<p> In this quantitative study, the perceptions of safety and preparedness of Missouri’s high school administrators after participating in active shooter training as mandated by Missouri’s Senate Bill No. 75 were analyzed. As school shootings continue, states have passed legislation to prepare schools to provide safety for students and faculty members (Shah, 2013b). There are currently limited data about the perceived effectiveness of Missouri’s Senate Bill No. 75 and its ability to help administrators feel safe and prepared in the event of an active shooter. This study involved examination of what schools can do to prepare for a school shooting before one occurs and what schools can do during a school shooting. It also included information on what schools can expect after a shooting has occurred. Fifty-two Missouri high school administrators were surveyed, then data were aggregated by gender, years of educational experience, years of administrative experience, district size, and district location (urban or rural) as reported by the administrators. The majority, or 86.6%, of Missouri high school administrators felt more safe and prepared after participating in active shooter training. Differences did exist between rural and urban administrators in the perception of safety and preparedness with three of the smallest districts indicating feeling the least amount of safety and preparedness. When parsing data by gender only two of the 26 females did not feel prepared after training, while 10 males indicated they did not feel prepared after training. A slight majority, or 53.8%, of the administrators, were not in favor of arming selective school personnel after proper training.</p>
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Plant, Brendan Charles. "Marking the boundary between facts and norms : effectiveness, effectivités, and the adjudication of international territorial disputes." Thesis, University of Cambridge, 2014. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.708004.
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Lalor, Diane Susan. "BEPS action 14 – the effectiveness of the dispute resolution proposals, with specific reference to South Africa." Master's thesis, Faculty of Law, 2020. http://hdl.handle.net/11427/32725.
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The focus of this minor dissertation is on the dispute resolution methods proposed by Action 14 of the Base Erosion Profit Shifting (BEPS) Project. The BEPS Project' was introduced in 2013 by the OECD working together with the G20 and other states to reform the international tax framework. The reform was necessary to deal with the challenges posed by globalisation. The existing international tax framework had not changed for many years and was unable to deal with these new challenges. As stated by the OECD in its Explanatory Statement in 2013, there was a need to build an international tax system to support economic growth and a resilient global economy. The report highlighted that the loss to international corporate income tax caused by these challenges was between 4% and l 0% of global corporate income revenues. As part of the proposed reforms, the report highlighted the need for new measures to address the problem of BEPS as well as provide a structure to support these newly introduced measures. Improving the international dispute resolution mechanisms was identified as an essential structural reform to support the new BEPS measures, as it was anticipated these measures would give rise to more inter-State disputes.
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Mc, Kay Stephen. "An evaluation of the effectiveness of the planning enforcement system in Northern Ireland." Thesis, University of Ulster, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.365918.
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Mashiyi, Tandeka. "The effectiveness of human child trafficking legislation in South Africa." Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1289.
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Trafficking in human beings is a major problem worldwide. Human trafficking is as a result of a complex set of interrelated push and pull factors. Push factors includeinter alia poverty, a lack of opportunities, dislocation of families, gender, racial and ethnic inequalities and the break-up of families. Research shows that pull factors include the promise of a better life, consumer aspirations and lack of information on the risks involved, established patterns of migration, porous borders and fewer constraints on travel. It is as a result of the global epidemic of this trafficking in persons that certain instruments on an international level as well as legislation on a national level have been enacted. The question which arises is: are these pieces of legislation effective in dealing with the scourge of human trafficking? Every legislation passed will have its strengths, as well as weaknesses but the main objective of such legislation should always be to combat, criminalise and prosecute the specific criminal act. Furthermore, the enacted legislation should be designed to effectively combat the challenges which threaten to exacerbate the criminal act. Failing to fulfil this intention will render such legislation nugatory. This treatise will be looking at various international instruments that have been passed abd v adopted by various countries, which specifically deal with trafficking in humans generally and specifically in relation to the children. International instruments that will be discussed include inter alia, slavery Convention, Convention on the Rights of the child, Worst forms or Child Labour Convention, Parlemo Protocol, United Nations Transnational Organised Crime Protocol to mention but a few. All these instruments have in a way dealt with and made provisions for the criminalisation of the act of trafficking in humans and a the scrounge of trafficking escalates the international governments strive to enact instruments that are going to be able to curtail this pandemic of trafficking. As more focus will be on the South African legislation this treatise is also going to examine all the relevant piece of legislation that have been passed by the South African government in order to deal with human trafficking. These will include the discussion of the Constitution, Child Care Act, Children’s Act, Children’s Amendment Act, Criminal Law (Sexual Offences) and Related matters. Amendment Act Prevention of Organised Crime Act as well as the Prevention and combating of Trafficking in Persons Bill. The treatise will listen critically discuss the Bill in so far as its strengths and weaknesses are concerned.
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Winstead, Lucas. "Teacher Tenure in K-12 Public Education: A Study of Tennessee Tenure Law." Digital Commons @ East Tennessee State University, 2020. https://dc.etsu.edu/etd/3692.
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The purpose of this study is to examine the Tennessee tenure law by comparing the overall level of effectiveness of teachers who received tenure prior to receiving tenure and the overall level of effectiveness of teachers after receiving tenure. The population of this study includes teachers from districts in the Mid Cumberland region in Tennessee who received tenure after 2012. The major finding of this study was the effectiveness of teachers who received tenure under the current tenure law in Tennessee did not significantly change for up to two years after they received tenure. The lone exception was high school teachers. Their effectiveness significantly declined two years after receiving tenure. This study concluded that the current tenure law in Tennessee had components of effective policies as found in research and had safeguards in place to ensure only effective teachers were awarded tenure.
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Anderson, Mindi Kvaal. "Comparing the Effectiveness of Three Unique Research Based Tutorials for Introducing Newton's Second Law." Fogler Library, University of Maine, 2009. http://www.library.umaine.edu/theses/pdf/AndersonMK2009.pdf.
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Cheung, Kwok-fu. "A study of copyright protection policy and the effectiveness of anti-piracy law enforcement in Hong Kong." Click to view the E-thesis via HKUTO, 1989. http://sunzi.lib.hku.hk/hkuto/record/B31975720.
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McGrath, Christopher James. "How to evaluate the effectiveness of an environmental legal system." Thesis, Queensland University of Technology, 2007. https://eprints.qut.edu.au/16661/1/Christopher_James_Mcgrath_Thesis.pdf.
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The principal research question addressed in this thesis is how the effectiveness of an environmental legal system can best be evaluated. A legal system is effective if it is achieving or likely to achieve its objectives. For an environmental legal system this means achieving sustainable development. The hypothesis tested in relation to this research question is that the pressure-state-response ("PSR") method of State of the Environment ("SoE") Reporting provides the best available framework for evaluating the effectiveness of an environmental legal system. A subsidiary research question addressed in this thesis is whether the environmental legal system protecting the Great Barrier Reef ("GBR") in north-eastern Australia is likely to achieve sustainable development of it. The hypothesis tested in relation to this research question is that the environmental legal system protecting the GBR is likely to achieve sustainable development of the GBR. The principal method used to address these research questions and test the hypotheses is a case study of the effectiveness of the laws protecting the GBR. Particular emphasis is given in the case study to climate change both because it is now recognised as the major threat to the GBR and is a topic of significant international and national interest. This thesis is intended to contribute, in particular, to the current public and policy debate on responding effectively to climate change by using the GBR as a yardstick against which to measure "dangerous climate change" and, conversely, acceptable climate change. There are five major findings of the research. First, most of the legal writing regarding environmental legal systems is descriptive, explanatory and interpretative rather than evaluative. Second, most legal writers who attempt to evaluate the effectiveness of part or the whole of an environmental legal system implicitly use the PSR method and refer to pressures, conditions, and responses but do not acknowledge this conceptual framework. Third, the best available conceptual and analytical framework for evaluating the effectiveness of an environmental legal system is the PSR method. It is the simplest, most systematic, comprehensive and meaningful framework with the greatest predictive power for evaluating the effectiveness of the total social and legal response to human-induced environmental degradation currently available. Fourth, current practice in SoE reporting, at least in relation to the GBR, is largely descriptive and rarely evaluates the effectiveness of the response. The fifth major finding of this research is that, while there are many effective parts of the response to pressures on the GBR, the current environmental legal system is not likely to be effective in preventing climate change from causing very serious damage to the GBR. Based on what we know at this point in time, particularly the technology that is currently available and current greenhouse gas emissions, the impacts of climate change appear likely to swamp the many good aspects of the legal system protecting the GBR. Atmospheric concentrations of carbon dioxide in 2005 were approximately 379 parts per million ("ppm") and rising by 2 ppm per year. Including the effect of other greenhouse gases such as methane, the total concentration of atmospheric greenhouse gases was around 455 ppm carbon dioxide equivalents ("CO2-eq") in 2005, although the cooling effect of aerosols and landuse changes reduced the net effect to around 375 ppm CO2-eq. Limiting the total increase in mean global temperature to approximately 1°C requires stabilization of atmospheric greenhouse gases and aerosols around 350 ppm CO2-eq. Increasing the net effect of greenhouse gases and aerosols to 450-550 ppm CO2-eq is expected to result in a 2-3°C rise in mean surface temperatures. There are currently no international or national legal constraints to hold greenhouse gas concentrations beneath these levels and they appear likely to be exceeded. These increases in mean global temperatures are expected to severely degrade the GBR by 2030-2040. Even the targets being set by the new Australian Government of reducing Australia's greenhouse gas emissions by 60% by 2050 appear insufficient to protect the GBR. If a 60% reduction in emissions can be achieved globally by 2050 a rise in mean global temperature of around 2.4°C is expected. This indicates the environmental legal system protecting the GBR is not likely to be effective in relation to climate change and, therefore, is failing to reach its objective of sustainable development. Three major recommendations arise from the research. First, legal writers attempting to evaluate the effectiveness of the whole or part of an environmental legal system should use and acknowledge the PSR method. Second, SoE reports should include a stand-alone chapter evaluating the effectiveness of the response. Third, the environmental legal system protecting the GBR should take strong and comprehensive measures to reduce greenhouse gas emissions if the objective of sustainable development is to be achieved. Such measures should include setting policy targets for stabilizing atmospheric greenhouse gas and aerosol concentrations around 350 ppm CO2-eq to limit increases in mean global temperature to 1°C. Policy targets of stabilizing atmospheric greenhouse gases and aerosols at 450-550 ppm CO2-eq to limit increases in mean global temperatures to 2-3°C are likely to be too high to avoid severe impacts of coral bleaching to the GBR.
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McGrath, Christopher James. "How to evaluate the effectiveness of an environmental legal system." Queensland University of Technology, 2007. http://eprints.qut.edu.au/16661/.
Full textAbstract:
The principal research question addressed in this thesis is how the effectiveness of an environmental legal system can best be evaluated. A legal system is effective if it is achieving or likely to achieve its objectives. For an environmental legal system this means achieving sustainable development. The hypothesis tested in relation to this research question is that the pressure-state-response ("PSR") method of State of the Environment ("SoE") Reporting provides the best available framework for evaluating the effectiveness of an environmental legal system. A subsidiary research question addressed in this thesis is whether the environmental legal system protecting the Great Barrier Reef ("GBR") in north-eastern Australia is likely to achieve sustainable development of it. The hypothesis tested in relation to this research question is that the environmental legal system protecting the GBR is likely to achieve sustainable development of the GBR. The principal method used to address these research questions and test the hypotheses is a case study of the effectiveness of the laws protecting the GBR. Particular emphasis is given in the case study to climate change both because it is now recognised as the major threat to the GBR and is a topic of significant international and national interest. This thesis is intended to contribute, in particular, to the current public and policy debate on responding effectively to climate change by using the GBR as a yardstick against which to measure "dangerous climate change" and, conversely, acceptable climate change. There are five major findings of the research. First, most of the legal writing regarding environmental legal systems is descriptive, explanatory and interpretative rather than evaluative. Second, most legal writers who attempt to evaluate the effectiveness of part or the whole of an environmental legal system implicitly use the PSR method and refer to pressures, conditions, and responses but do not acknowledge this conceptual framework. Third, the best available conceptual and analytical framework for evaluating the effectiveness of an environmental legal system is the PSR method. It is the simplest, most systematic, comprehensive and meaningful framework with the greatest predictive power for evaluating the effectiveness of the total social and legal response to human-induced environmental degradation currently available. Fourth, current practice in SoE reporting, at least in relation to the GBR, is largely descriptive and rarely evaluates the effectiveness of the response. The fifth major finding of this research is that, while there are many effective parts of the response to pressures on the GBR, the current environmental legal system is not likely to be effective in preventing climate change from causing very serious damage to the GBR. Based on what we know at this point in time, particularly the technology that is currently available and current greenhouse gas emissions, the impacts of climate change appear likely to swamp the many good aspects of the legal system protecting the GBR. Atmospheric concentrations of carbon dioxide in 2005 were approximately 379 parts per million ("ppm") and rising by 2 ppm per year. Including the effect of other greenhouse gases such as methane, the total concentration of atmospheric greenhouse gases was around 455 ppm carbon dioxide equivalents ("CO2-eq") in 2005, although the cooling effect of aerosols and landuse changes reduced the net effect to around 375 ppm CO2-eq. Limiting the total increase in mean global temperature to approximately 1°C requires stabilization of atmospheric greenhouse gases and aerosols around 350 ppm CO2-eq. Increasing the net effect of greenhouse gases and aerosols to 450-550 ppm CO2-eq is expected to result in a 2-3°C rise in mean surface temperatures. There are currently no international or national legal constraints to hold greenhouse gas concentrations beneath these levels and they appear likely to be exceeded. These increases in mean global temperatures are expected to severely degrade the GBR by 2030-2040. Even the targets being set by the new Australian Government of reducing Australia's greenhouse gas emissions by 60% by 2050 appear insufficient to protect the GBR. If a 60% reduction in emissions can be achieved globally by 2050 a rise in mean global temperature of around 2.4°C is expected. This indicates the environmental legal system protecting the GBR is not likely to be effective in relation to climate change and, therefore, is failing to reach its objective of sustainable development. Three major recommendations arise from the research. First, legal writers attempting to evaluate the effectiveness of the whole or part of an environmental legal system should use and acknowledge the PSR method. Second, SoE reports should include a stand-alone chapter evaluating the effectiveness of the response. Third, the environmental legal system protecting the GBR should take strong and comprehensive measures to reduce greenhouse gas emissions if the objective of sustainable development is to be achieved. Such measures should include setting policy targets for stabilizing atmospheric greenhouse gas and aerosol concentrations around 350 ppm CO2-eq to limit increases in mean global temperature to 1°C. Policy targets of stabilizing atmospheric greenhouse gases and aerosols at 450-550 ppm CO2-eq to limit increases in mean global temperatures to 2-3°C are likely to be too high to avoid severe impacts of coral bleaching to the GBR.
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Daniel, Benjamin L. "No Child Left Behind and its communication effectiveness in diverse communities /." Full text available online, 2005. http://www.lib.rowan.edu/home/research/articles/rowan_theses.
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Gibbs, Tatyana. "An analysis of the effectiveness of anti-money laundering and counter terrorist funding legislation and its administration in the UAE." Thesis, Institute of Advanced Legal Studies, 2017. http://sas-space.sas.ac.uk/6698/.
Full textAbstract:
This doctoral thesis develops a methodology to assess the effectiveness of anti money laundering and counter-‐financing of terror efforts in the United Arab Emirates by applying five “markers of success” (as determined by AML/CFT professionals) to the UAE’s AML/CFT framework. The markers are Robust Regulatory Framework; AML Legislation Enforcement; AML Legislation Awareness; Private Sector Commitment and Cooperation; and Transparency. The analysis chapters attempts to measure these criteria using a variety of sources, including UAE laws of 2002 and 2004 and their amendments and replacements of 2014; various regulatory documents and policies enacted by the UAE Central Bank and other UAE bodies; expert opinion when available; and other materials from both official bodies and the country’s media. The findings show generally uneven progress and sometimes-‐inconclusive results. During this period, the UAE, driven by external pressure coupled with internal self-‐interest, established an AML/CFT regime. As part of its AML/CFT framework, the UAE also created an outreach program via official bodies, and there is some evidence of its effectiveness in encouraging private sector compliance. However, measuring enforcement is problematic given the lack of hard and publicly available statistical data for much of this period. Efforts made to encourage a culture of transparency and accountability have run up against limited availability and accessibility of data. Accordingly, the UAE remains perceived as a largely non-‐transparent jurisdiction when it comes to financial crimes. Recent (2016) legislative developments underscore the UAE’s effort to change this, as it is due for a new FATF evaluation in 2019.
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Kamau, Nancy Washinga. "The regulation on trade barriers under SADC and EAC: assessing the effectiveness of their legal framework." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12898.
Full textAbstract:
Includes bibliographical references.<br>There are more regional integration initiatives in Eastern and Southern Africa than anywhere else in Sub-Sahara Africa. These include Common Market of Eastern and Southern Africa (COMESA), East Africa Community (EAC), Southern African Development Community (SADC), Southern Africa Customs Union (SACU) and Inter-Governmental Authority on Development (IGAD). Owing to the scope of this study, only the trade liberalization initiatives under SADC and EAC will be evaluated. The trade liberalization strategies will focus on the intra-regional level. This study entails a comparative study of key legal provisions facilitating elimination of trade barriers within SADC and EAC trade blocs respectively. The study identifies the underlying objectives that inspired the countries to enter the said regional trade agreements. It will focus on the mechanisms adopted to liberalize free movement of goods in the SADC Free Trade Area and the EAC Customs Union respectively. Since both RTAs carry a firm commitment to take affirmative measures to reduce barriers to intra-regional trade, the respective trade agreements should contain a legal framework that will drive the trade liberalization objectives. The study seeks to determine whether the legal frameworks in the SADC and EAC trade regimes is a viable tool to eliminate trade barriers and in turn foster a deeper level of integration. The aim of the study is to ascertain whether their constitutive legal framework is effective enough to achieve this goal. The study concludes that while the SADC FTA and the EAC custom union have already been launched, the levels of intra-regional trade remains low. This is caused by failure of some member states to meet their commitments to eliminate tariff barriers, the surge of non-tarifff barriers and multiple memberships of SADC and EAC members with other regional trade blocs. This study is founded on the belief that lack of enforcement of community law at national and community level is slowing down the implementation of treaty commitments.
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Johnson, Valencia Tamir. "Parole and Probation Officers' Perceptions of Management Effectiveness in Baltimore County, Maryland." Thesis, Walden University, 2015. http://pqdtopen.proquest.com/#viewpdf?dispub=3708022.
Full textAbstract:
<p> Management practices in the rehabilitation and criminal justice system are primarily concerned with how employees sense, collect, organize, and process information regarding the criminal offender. The purpose of this quantitative study was to measure parole and probation officers’ perceptions regarding management support and effectiveness in the workplace, with particular emphasis on communication, collaboration, and conflict resolution. Herzberg’s 2-factor theory of motivation served as the theoretical framework for the study, supporting the concept of participatory management as a central factor in job satisfaction. A researcher-designed, Likert-type questionnaire was administered to a randomly selected sample of 31 parole and probation officers in Baltimore County. The sample size was determined using a power analysis for the 2-sample t test. The power analysis was completed with alpha levels of .05, and a .80 level of statistical power. Participants had been employed for at least a year as parole and probation officers who supervised African American criminal offenders. Results from the questionnaires were analyzed using t tests, frequency distribution analysis, and comparison of means analysis, with mixed findings. The majority of participants felt that managers provide a positive overall work environment and effectively communicate with parole and probation officers. At the same time, the majority of respondents also believed that managers do not collaborate with employees and do not resolve conflicts with employees in a timely manner. Possible reasons for these contradictory perceptions are discussed. The study contributes to positive social change by providing leaders with improved methods for measuring parole and probation officers’ perceptions regarding managerial support for and effectiveness in the rehabilitation of reentry offenders. </p>
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Autry, Phillip G. "An Analysis of the Effectiveness of Sino-US Law Enforcement Cooperation to Combat Human Smuggling." Thesis, Georgia Institute of Technology, 2007. http://hdl.handle.net/1853/16263.
Full textAbstract:
This paper analyzes the effectiveness of Sino-U.S. governmental law enforcement cooperation to combat human smuggling. A history of bilateral law enforcement cooperation against human smuggling is presented, with emphasis given to the period since 1993. U.S. immigration statistics, along with statistics from the U.S. Coast Guard, are presented as a measure of the success of law enforcement efforts. In the analysis that follows, identification is made of factors that seem to have hindered and obstructed, or promoted and advanced Sino-U.S. law enforcement cooperation.
This study finds that sudden shifts in the macroclimate of Sino-U.S. relations may positively or adversely affect cooperation on law enforcement matters, including human smuggling. In the current case, bilateral cooperation against human smuggling has been advanced by spillover effects of convergent Sino-U.S. counterterrorism interests that occurred in the wake of September 11. Next, it is found that the creation of formal bilateral institutions for law enforcement cooperation since 1997 has facilitated improved effectiveness in Sino-U.S. work against human smuggling.. Finally, this study finds that the effectiveness of bilateral law enforcement cooperation against human smuggling has been substantially undermined by the inability of the two sides to maintain an effective repatriation-based deterrent against human smuggling.
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Clifford, Steven B. "Towards a better understanding of effectiveness in European Community law : the example of state aid." Thesis, University of Sussex, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.436397.
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Sendall, Joshua S. A. "The evolution, utility and effectiveness of the Mareva jurisdiction in English law : a critical appraisal." Thesis, Lancaster University, 2015. http://eprints.lancs.ac.uk/87722/.
Full textAbstract:
The Mareva injunction has been available in England for 40 years. Initially, the Mareva injunction was a contentious form of relief; today it is regarded as an exceptionally effective device in common law jurisdictions across the globe. This body of work critically appraises the development, evolution and effectiveness of the Mareva injunction. It is primarily established that the Mareva injunction is an equitable remedy. A corollary crystallises; in order to gain a fuller understanding of the Mareva injunction it is necessary to contextualise it within the equitable jurisdiction. Traditional doctrinal research methods explicate the development of the equitable jurisdiction drawing attention to certain characteristics, common themes, techniques and principles. Equity becomes the contextual framework upon which the ensuing discourse is rendered. At its heart equity is found to be about remedies; a supplementary system which repairs defects in the law. The Mareva injunction was devised to ring fence amenable assets on a temporary basis; to protect the possibility of an effective remedy. The continuing effectiveness of the Mareva injunction is examined in relation to evolving externalities such as the rise of globalisation inclusive of developing financial infrastructures and improving technologies. The action taken by the courts to overcome the difficulties presented by the abovementioned evolving conditions are evaluated. The range of ancillary and connected orders of the court which have been created or refined in order to ensure that the Mareva injunction remains effective are critically appraised. It is argued that the Mareva injunction can no longer be viewed in isolation; it is part of an evolving matrix of interconnected devices which characterise the modern Mareva jurisdiction.
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Lacasse, Cynthia D. (Cynthia Diane). "The anti-snob zoning law : the effectiveness of Chapter 774 in getting affordable housing built." Thesis, Massachusetts Institute of Technology, 1987. http://hdl.handle.net/1721.1/68227.
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Wong, Kwok-Ngon. "The effectiveness of environmental impact assessment(EIA) as a regulatory legal framework in Hong Kong." Click to view the E-thesis via HKUTO, 2004. http://sunzi.lib.hku.hk/HKUTO/record/B38628624.
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Ho, Kui-yip Vincent. "Critical review of the effectiveness of dispute resolution in maintenance and minor building works in Hong Kong." access abstract and table of contents access full-text, 2006. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b21842875a.pdf.
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Thesis (M.A.)--City University of Hong Kong, 2006.<br>"Master of Arts in arbitration and dispute resolution, LW6409-dissertation" Title from PDF t.p. (viewed on May 22, 2007) Includes bibliographical references.
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Al-Dusri, Fahad. "The effectiveness of forensic science service in the State of Kuwait in criminal investigations and proceedings : forensic science practice in Kuwait." Thesis, University of Exeter, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.288002.
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Smith, Farrel. "Using water law enforcement to demonstrate the effectiveness of regulations for the protection of water resources." University of the Western Cape, 2021. http://hdl.handle.net/11394/7983.
Full textAbstract:
Magister Philosophiae (Integrated Water Resource Management) - MPhl(IWM)<br>The South African National Water Act attracted attention of the international water community as one of the most reformist pieces of water legislation in the world, and a major step forward in the transformation of the concept of integrated water resources management (IWRM) into legislation. However, 20 years later after the National Water Act was promulgated, implementation of the same act has been partially successful. In many aspects, the, implementation has been weak. The argument is that the water law enforcement is not been implemented to demonstrate the effectiveness of regulations for the protection of water resources.<br>2022