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李敏. "A case study on legal transplant : public participation in Chinese environmental governace." Thesis, University of Macau, 2009. http://umaclib3.umac.mo/record=b2120153.
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Chasin, Ana Carolina da Matta. "A assimilação da arbitragem no Brasil: disputas em torno da constituição de uma justiça extraestatal." Universidade de São Paulo, 2015. http://www.teses.usp.br/teses/disponiveis/8/8132/tde-16062015-133720/.
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A arbitragem é um instituto previsto no direito brasileiro que consiste num método de solução de conflitos alternativo ao Poder Judiciário. Quando as duas partes concordam, procuram uma instituição especializado para que a controvérsia seja solucionada por meio da decisão de um ou mais árbitros. Desde 1996 com a aprovação da Lei da Arbitragem o laudo arbitral apresenta a validade de uma sentença judicial regular, devendo igualmente ser cumprido. Essa incorporação do instituto no Brasil está inserida no movimento transnacional de reforma dos sistemas de justiça nacionais visando adaptá-los ao mercado em expansão da arbitragem internacional. Inspirado em vários instrumentos internacionais, principalmente na Lei Modelo da Comissão das Nações Unidas para o Comércio Internacional (UNCITRAL), o método também permite a integração do país no esforço mais amplo de harmonização do direito entre os países. O principal objetivo desta tese é, assim, analisar esse processo de transplante da arbitragem ao contexto jurídico brasileiro. Para isso, inicialmente reconstitui o surgimento das mais importantes instituições da arbitragem comercial internacional e, em seguida, investiga a assimilação local deste instituto. Este último processo é analisado à luz da mobilização que resultou na aprovação da legislação em 1996, bem como da abordagem do funcionamento da arbitragem atualmente. O argumento destaca a participação fundamental dos intermediários para o sucesso da operação de mediação entre instâncias globais e locais. O trabalho finaliza com uma reflexão acerca do encaixe estrutural da arbitragem no campo do direito nacional.Arbitration is an alternative dispute resolution mechanism allowed by the Brazilian law. When both parties agree about it, they search for an specialized institution that will delegate the resolution of the conflict to one or more arbitrators. Passage of Brazils 1996 Arbitration Act recognized the validity of decisions reached by arbitrators. The incorporation of arbitration in the country happens as part of an international movement to reform local justice systems adapting them to the growth of the commercial arbitration market. Brazil\'s law was inspired by various international instruments, including the UNCITRAL (United Nations Commission on International Trade Law) Model Law and can be considered part of a broader effort to homogenize law across countries. The main goal of this dissertation is, thus, to analyze the arbitration transplant to the Brazilian legal context. To do so, it first explores the emergence of the main institutions of international commercial arbitration and then it investigates its local assimilation. This process is analyzed through the mobilization that resulted in the approval of the law in 1996 and also through the exploration of the way by which arbitration operates today. The argument emphasizes the role of the gatekeepers in intermediating the local and the global. This work finishes with a reflection about the structural fitting of arbitration in the local judicial field.
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Cronin, Antonia J. "The development and evolution of organ transplantation : an ethical and legal inquiry into the clinical translation of transplant immunobiology." Thesis, University of Manchester, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.516336.
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Transplants save lives. Clinical transplantation has a magnificent record, and it has saved the lives of thousands. Sadly, despite its overwhelming clinical success, the enterprise of organ transplantation remains frustrated by a shortage of organs. Demand has outstripped supply. Ultimately, this means that thousands of people, who value their lives, die waiting for a transplant. This is a tragedy, particularly since many, probably most, of these deaths are preventable. Healthcare matters. Not just because of tangible benefit outcome measures, but because it affects people's lives. This is why it is a moral imperative to identify and implement morally acceptable ways in which suitable organs are available for all those in need of a transplant. This thesis takes a synoptic view of organ transplantation, its development and its evolution. It examines the dynamic interplay of regulation, prohibition, and biotechnological innovation that continues to evolve in the arena of transplant immunobiology and clinical transplantation. It challenges the legitimacy of systems of organ donation and transplantation that exist, through critical analysis of underlying theoretical concepts, ethical argument, legal frameworks, transplant biology, and clinical outcome data. Finally, it explores scientific advances in transplant immunobiology and considers whether an extraordinarily sophisticated harmony between nature, adaptation and artificial intervention may make it possible not only to restore complex disease pathology and organ failure, but also to evolve the beings that we are and may become.
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Samól, Katarzyna A. "Hybrid corporate governance: a choice for Poland?" Thesis, Anglia Ruskin University, 2014. https://arro.anglia.ac.uk/id/eprint/581518/1/Samol%20PhD%20thesis.pdf.
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The purpose of the research investigation is to consider the potential opportunities through which corporate governance may be developed to better suit the developing commercial culture within Poland. In order to do this, I formulate the following research questions: ‘What are the weaknesses of the Polish corporate governance system?’, ‘What changes should be made to corporate governance in Poland?’, and ‘Is a hybrid corporate governance model a choice for Poland?’ The concept of hybridisation is fairly new, and involves combining different approaches to corporate governance, eg it embraces combining elements of the board management and monitoring models. I examine several changes to corporate governance that can be called hybrid. They were implemented in South Africa, Japan, Malaysia, the UK and the US. The main focus, however, is put on Polish corporate governance, which I investigate from the angle of those changes. Doctrinal research is combined with a set of interviews conducted with business practitioners in Poland. Interviewees are asked to express their opinion about corporate governance in Poland. Questions are asked in the context of changes that were made to corporate governance in countries mentioned above. The interviews produce results that overlap with the doctrinal research. Polish companies have a highly consolidated share ownership structure, which has a negative influence on the allocation of power between corporate organs. The supervisory board is an organ through which the controlling shareholders extend their power. Under the Company Code 2000, the supervisory board usually appoints and removes members of the management board, and instructs them in the decision making process. The statutes might give a broader scope of powers to the supervisory board. All this results in various forms of expropriation in companies, such as, for example, stealing of profits by governing bodies, overpaying executives, or installing unqualified family members in managerial positions. In general, interviewees are pleased with the currently binding corporate governance in Poland. The majority of them are pessimistic about implementing such large changes in Poland as, for example, a one-tier board system. A significant number of interviewees propose minor changes to the Polish system of corporate governance. It should be highlighted that several non-managerial interviewees turn out to have more liberal approaches to potential changes to corporate governance in Poland. The research fills a gap in knowledge on hybrid corporate governance, as this issue has hardly been touched by the Polish legal doctrine. It also systematises and develops knowledge on hybrid corporate governance worldwide, and develops knowledge on legal transplant.
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Samól, Katarzyna A. "Hybrid corporate governance : a choice for Poland?" Thesis, Anglia Ruskin University, 2014. http://arro.anglia.ac.uk/581518/.
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The purpose of the research investigation is to consider the potential opportunities through which corporate governance may be developed to better suit the developing commercial culture within Poland. In order to do this, I formulate the following research questions: ‘What are the weaknesses of the Polish corporate governance system?’, ‘What changes should be made to corporate governance in Poland?’, and ‘Is a hybrid corporate governance model a choice for Poland?’ The concept of hybridisation is fairly new, and involves combining different approaches to corporate governance, eg it embraces combining elements of the board management and monitoring models. I examine several changes to corporate governance that can be called hybrid. They were implemented in South Africa, Japan, Malaysia, the UK and the US. The main focus, however, is put on Polish corporate governance, which I investigate from the angle of those changes. Doctrinal research is combined with a set of interviews conducted with business practitioners in Poland. Interviewees are asked to express their opinion about corporate governance in Poland. Questions are asked in the context of changes that were made to corporate governance in countries mentioned above. The interviews produce results that overlap with the doctrinal research. Polish companies have a highly consolidated share ownership structure, which has a negative influence on the allocation of power between corporate organs. The supervisory board is an organ through which the controlling shareholders extend their power. Under the Company Code 2000, the supervisory board usually appoints and removes members of the management board, and instructs them in the decision making process. The statutes might give a broader scope of powers to the supervisory board. All this results in various forms of expropriation in companies, such as, for example, stealing of profits by governing bodies, overpaying executives, or installing unqualified family members in managerial positions. In general, interviewees are pleased with the currently binding corporate governance in Poland. The majority of them are pessimistic about implementing such large changes in Poland as, for example, a one-tier board system. A significant number of interviewees propose minor changes to the Polish system of corporate governance. It should be highlighted that several non-managerial interviewees turn out to have more liberal approaches to potential changes to corporate governance in Poland. The research fills a gap in knowledge on hybrid corporate governance, as this issue has hardly been touched by the Polish legal doctrine. It also systematises and develops knowledge on hybrid corporate governance worldwide, and develops knowledge on legal transplant.
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Braslow, Norman Taylor. "Legal transplants and change : unjust enrichment law in Japan /." Thesis, Connect to this title online; UW restricted, 1997. http://hdl.handle.net/1773/9622.
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León, Hilario Leysser L. "Weak Legal Cultural & Legal Transplants Unificación de la Responsabilidad Civil y otras importaciones cuasidoctrinales de los años noventa." Derecho & Sociedad, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/118190.
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Banyubala, Divine Ndonbi. "Organ transplants in Ghana : finding a context-appropriate and practically workable ethico-legal policy framework." Thesis, University of Manchester, 2014. https://www.research.manchester.ac.uk/portal/en/theses/organ-transplants-in-ghana-finding-a-contextappropriate-andpractically-workable-ethicolegal-policy-framework(7b1cdca8-c006-4645-9014-0a7f7f4c6763).html.
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Ghana is undertaking strenuous efforts to make organ transplantation a routine surgical procedure by the end of 2014. Thus far, some 20 test kidney transplants using living related organ donors have been carried out in Ghana. However the current practice of retrieval, retention and use of (deceased) human organs and tissues following pathological services is not done in accordance with the requirements of existing law. Also, the time of human death, its relationship with obtaining organs for transplant as well as the sociocultural sensitivity Ghanaians attach to death and dying are not explored in that context. Furthermore, there is no coherent examination of the various interests and rights recognised by Ghanaian law in deceased human bodies despite that fact that progress in medicine and biotechnology has recast the value in human biomaterials. Consequently, given that organ transplantation is new to Ghana; that there are no ethical, legal and professional governance frameworks specific to the sector; that there are concerns about a systemic culture of inappropriate retention and use of human body parts following pathological services; that there is illicit trade in human body parts (ova, sperm etc.); and that Ghana is undertaking test kidney transplants in the absence of specific ethical, legal and clinical guidance addressing the controversies surrounding the permissible uses of human organs and tissues; this doctoral thesis argues that examining these ethico-legal controversies within the Ghanaian socio-legal setting constitutes an essential step in the quest for context-appropriate and practically workable regulatory and governance frameworks for the emerging transplant sector in that country. Towards this end, the thesis discusses indigenous thinking around death (Post-mortem Personality Identity Renegotiation (PPIR)), ancestorship and the position of Ghanaian customary law on ownership interests and rights in deceased bodies and their parts and points policy makers to how the socio-legal peculiarities of the Ghanaian regulatory context could be exploited to achieve the dual aims of finding an adequate balance between, on the one hand, protecting individual, family and societal interests, and on the other hand, promoting the social utility aims of organ transplantation and science research. It concludes by proposing that i) the desired regulatory balance could be achieved through legal foresighting, and ii) that any such regulation must affirm the recognition of property interests in (deceased) bodies by Ghanaian customary law as that reflects the cultural, social and constitutional values of the regulatory context.
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Semukhina, Olga B. "RUSSIAN CULTURAL FACTORS RELATED TO PERCEIVED CRIMINAL PROCEDURE FAIRNESS: THE JUXTAPOSITION OF POLICY AND PRACTICE." Doctoral diss., University of Central Florida, 2007. http://digital.library.ucf.edu/cdm/ref/collection/ETD/id/3435.
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The purpose of this study is to investigate the relationship between the Russian culture and citizens' perceived fairness of the new Criminal Procedural Code of Russia of 2001 (CPC of 2001). The CPC of 2001 is a key policy in the Russian criminal law reform with the purpose of implementing adversarial procedure elements in Russia. The existing literature has documented the lack of public support along with observed violations of the CPC's major provisions which as made this an important area for study. It is theorized that the apparent contradiction between the underlying values of the Russian culture, and CPC's adversarial procedure that reflects anti-cultural values, are responsible for the lack of substantial public support and acceptance of the CPC of 2001. The theory of motivational values developed by Schwartz (1990) is used as a framework to examine the Russian culture. Damaska's (1986) theory of procedural models is used to examine the adversarial elements of the new CPC of 2001. The group value theory of fairness is employed to examine the relationships between Russian cultural values and the public opinion about the criminal procedural law (Lind & Tyler, 1988). The study used a multi-stage stratified random sample of 1,588 Russian residents to explore the relationship between the culture and the perceived fairness of the CPC of 2001. The sample is representative of the Russian Federation population. The data is analyzed through four structural-equation models, a set of non-parametric tests, and descriptive statistical analysis. The findings of this thesis confirmed that cultural values in Russia are predominantly collective. On average, 69% of Russian respondents reported that collective values play a very important role in their life. The type of prevailing values was dependent on the demographic characteristics of the sample: age, gender, place of residence, level of education, marital status, and household income. It was found that the majority of Russian citizens believe that the inquisitional criminal procedure is an ideal of fair law. On average, 72% supported the inquisitorial procedural model in Russia. Unlike the adversarial procedure, the inquisitorial procedural model is not based on competition between the equal parties of prosecution and defense. Instead, it is viewed as a cooperative process between the judge, prosecutor and defense in their inquiry into the circumstances of the case. The adversarial procedural model was not supported by most citizens. Only 33.5% reported that the adversarial procedural model can be considered fair. The study corroborated that the new CPC was not fully supported by the majority of respondents. An average of 27.5% of respondents in Russia reported that the CPC of 2001 is a fair law, in comparison to 72.5% who think that the CPC of 2001 is unfair. The findings validated that the CPC of 2001's inclusion of adversarial procedural elements contradict key values of the contemporary Russian culture. It is concluded that the CPC of 2001 should be reformed to facilitate citizen acceptance. Greater acceptance will support the attempt to advance the democratization of the criminal process through increased civil rights while simultaneously enhancing positive social control. It is proposed that the planned policy reforms that contain additional elements of the adversarial criminal procedure be introduced in a phased manner. It is also recommended that the adversarial procedure values should be publicized through public awareness educational programs. The data analysis also suggests that confounding factors such as citizen distrust of the criminal justice institutions can contribute to problems associated with acceptance of the criminal law reform. The research model developed for this study can be used to examine policies related to criminal law reform in other former Soviet Union countries.Ph.D.
Department of Criminal Justice and Legal Studies
Health and Public Affairs
Public Affairs PhD
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Silva, Claudia Freires da. "Avaliação da eficiência das soluções de Belzer (UW) e Celsior® no transplante pancreático / Claudia Freires da Silva ; orientador, João Eduardo Leal Nicoluzzi." reponame:Biblioteca Digital de Teses e Dissertações da PUC_PR, 2009. http://www.biblioteca.pucpr.br/tede/tde_busca/arquivo.php?codArquivo=1996.
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Dissertação (mestrado) - Pontifícia Universidade Católica do Paraná, Curitiba, 2009Bibliografia: f.[40-45]
Introdução: No intuito de resolver os problemas gerados pela reperfusão dos órgãos no pós transplante, é que novas soluções de preservação ontinuam a serem testados. Celsior® (CS) é uma solução desenvolvido inicialmente para transplantes cardíacos, mas ut
Introduction: In intention to decide the problems generated for the conservation and reperfusion of the organ after transplant, new liquids of conservation continue to be tested. Celsior® (CS) is a liquid developed initially for cardiac transplant but use
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Pongsapan, Munin. "Reception of foreign private law in Thailand in 1925 : a case study of specific performance." Thesis, University of Edinburgh, 2013. http://hdl.handle.net/1842/7790.
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This thesis explores the making of Thailand’s Civil and Commercial Code in 1925 (‘Code of 1925’), especially the drafting method the draftsmen employed, and ascertains how the use of this method affected Thai lawyers’ understanding of rules and concepts of the Code. The Code of 1925 emerged from a period in which Thailand was under threat from colonisation by Western powers. As a result of a number of unbalanced commercial treaties between the Thai and foreign governments, the jurisdictional sovereignty of the country had been eroded by consular jurisdiction and the principle of extraterritoriality. These ‘unfair treaties’ forced the Thai government to establish a modern legal system as part of its attempts to recover full judicial autonomy. The work of codification of civil and commercial law, which began in 1908 under the direction of French draftsmen, produced the desired result in 1925 only after Phraya Manavarajasevi (Plod na Songkhla) became involved. Plod was instrumental in replacing the French Code civil with the BGB of 1900 as the principal model and introducing the Japanese Civil Code of 1898 (‘Minpō’) and the ‘copying method’ which he referred to as the ‘Japanese method’ to the new Thai-dominated drafting committee. The Japanese Code and the ‘Japanese method’ were chosen owing to Plod’s belief that the Japanese had established their civil code by copying the BGB. This thesis shows that Alan Watson’s theory of legal transplants is well suited for explaining this type of legal development: the draftsmen copied the wording of English translations of provisions of the BGB and the Minpō without much concern about their conceptual foundations. They finished their task within seven months. But Watson’s contention that successful legal borrowing does not require ‘a systematic knowledge of the law’ must be approached with great caution. Plod was misled by a secondary source he consulted into believing that the Minpō was practically a copy of the BGB. In reality, the Japanese Code was influenced by a variety of foreign laws, including German and French law. The drafting committee’s lack of knowledge about the rules and concepts they borrowed and the method they adopted led to difficulties in interpreting the rules and concepts in question. This is illustrated in this thesis by a case study of the legal rules in the Code of 1925 on specific performance. Most of the Thai provisions concerning non-performance and remedies for non-performance were copied from the BGB, but two important rules concerning the rights to performance and damages (Articles 213 and 215) came from the Minpō. These provisions were mainly influenced by French law, but Plod and most likely other Thai draftsmen erroneously believed that they were of German origin. The text of these two articles clearly put specific performance and damages as remedies for non-performance on equal footing. The consequence of this is that Thai academics who maintain that specific performance is the primary remedy for nonperformance have struggled to justify this point of view. Whenever they expound on the principle of the primacy of specific performance in Thai law, Thai writers produce contradictory statements because the wording of Articles 213 and 215 forces them to accept that the creditor in case of non-performance has the right to choose between specific performance and damages. This thesis shows that legal borrowing without a proper use of comparative law and legal history and a systematic knowledge of the law borrowed can lead to undesirable results. Thai lawyers must employ comparative and historical methods when discovering the true character of the Thai rules and concepts. With the help of these methods, they may find common ground in legal concepts and resolve some theoretical problems.
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Alhamed, Ali Meshari A. "Legal transplants in the Saudi Arabian banking system : the effects of Western laws on the development of the Saudi Arabian Monetary Agency." Thesis, Durham University, 2018. http://etheses.dur.ac.uk/12854/.
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This thesis examines the principal legal transplants that established the central banking system in Saudi Arabia, beginning in 1952 with the founding of the Saudi Arabian Monetary Agency (SAMA), which involved transplanting banking and fiscal rules from the Common Law jurisdiction of the USA into a nation whose constitution is the Qur’an. Other significant developments are the Banking Control Law 1966 and the establishment of trade courts on the established Egyptian model, which was originally transplanted from the Civil legal roots of France. The contribution of legal transplants in the establishment of Saudi Arabia as an internationally recognised financial centre is examined through theoretical perspectives, starting with Alan Watson’s seminal 1974 work, extended rather than radically amended by later contributors to legal transplant theory. This study uses the PESTLE framework to analyse the functioning of legal transplants and their harmony with Islam in the evolution of the banking sectors of Saudi Arabia and other Islamic states. Malaysia and Turkey are noted as having successfully adopted Western banking institutions and their regulation, whereas Pakistan’s experience is assessed as a failure. The success of transplants in Malaysia, Turkey, and many Gulf neighbours of Saudi Arabia is ascribed to what Örücü calls ‘legal tuning’ and Teubner labels ‘autopoiesis’. Conversely, Pakistan’s retention of selective Islamic principles is seen to have created schisms when Western banking was introduced. In essence, the analysis suggests that for a legal transplant to become established and grow, it must be nurtured in its new conditions. Thus, transplanting Western laws into Islamic society requires conditions of harmonisation and support, rather than impediments to its operation. Transplants succeed if they act as ‘legal irritants’ and have the support of the legal elite. Recommendations for the future of legal transplantation in the Saudi banking sector are made in light of this analysis.
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Ozsoy, Elif Ceylan. "An altenative to legal transplants : cultural translation as a less imperialistic law-making method : the case of Turkey and the LGB rights concept." Thesis, University of Exeter, 2018. http://hdl.handle.net/10871/32637.
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Through Judith Butler’s concept of ‘cultural translation’, this dissertation seeks to provide a less imperialistic law-making mechanism as it relates to the lesbian, gay and bisexual rights concept (hereinafter ‘the LGB rights concept’) in Turkey, which currently relies heavily on legal transplantation. In search of a new law-making method, this thesis first deconstructs ‘legal transplantation’ as that which creates various asymmetrical relations that amount to consolidating Western imperialism. Critical legal scholars have shown great interest in revealing the imperialistic consequences of the law-maker West and the law-taker non-West. This thesis aims to add another dimension to these discussions by placing ‘imitation’, as advanced by Judith Butler, at the heart of its analyses. It scrutinises legal transplantation through the various imitations/repetitions it embodies and explores the role of imitation in law-making as law-taking. It does so by evaluating legal change by means of legal transplantation through the example of the Turkish experience with the LGB rights concept, and uses Judith Butler’s understanding of imitation/repetition, as advanced in her gender performativity concept, to achieve this evaluation This thesis attempts to expand our understanding of law-making as law-taking by unveiling their performative force, which humanises the subject in a way that is similar to the processes of gendering it. In doing so, this thesis aims to transfer the analyses that postulate the gendered body as performative to the rubric of human rights law, and argues that humanisation of the body through granting rights is performative as well. Though the occasion arises for subversion from these various imitations, it introduces a new law-making method, cultural translation, transforming the realm of limited possibilities for human rights into the realm of the possible.
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Jupp, John. "Legal transplants as tools for the reform of Afghanistan's criminal law framework : an evaluation of the Interim Criminal Procedure Code 2004 and the Counter Narcotics Law 2005." Thesis, University of Sussex, 2012. http://sro.sussex.ac.uk/id/eprint/39232/.
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The criminal law frameworks of countries that have been the subject of international peacekeeping operations and military interventions often reveal an urgent requirement for reform. Destabilised by conflict, existing frameworks may be discriminatory and inconsistent with international human rights and due process standards. New law may be imperative to promote the development of fair and effective justice systems, rule of law and transitions from conflict to peace. While the transplantation of readily-available law can be an appealing solution a fundamental concern for legislators is whether it represents a reasonable and effective mechanism for developing vital post-intervention criminal law reform. This thesis addresses this issue by examining the Interim Criminal Procedure Code 2004 and the Counter Narcotics Law 2005, two laws developed by legal transplantation in Afghanistan, the most recent example of a country where the international community is engaged in post-intervention criminal law reform. It does this by firstly developing a new evaluative test developed from an examination of theoretical perspectives on transplant feasibility. It then applies this test using quantitative data supported by original qualitative research from interviews with senior Afghan and international legal personnel. It finds that neither law has been successful. Their transplanted content and the processes of transplantation have reduced the extent to which they have been accepted and achieved their objectives and have increased their potential to be ‘lethal' transplants capable of promoting injustices, generating destabilising discontent and moderating rule of law promotion. This study questions the assumption that it should always be reasonable to develop post-intervention criminal law by means of legal transplantation. The reasonableness of relying on legal transplantation will depend on the sensitivity with which it is employed, requiring knowledge of legal transplant feasibility, local history and legal traditions and the prior application of the proposed evaluative test to assess potential receptivity.
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Ferreira, Sandra Maria. "O efeito do alopurinol na viabilidade de hepatócitos murino, in vitro / Sandra Maria Ferreira ; orientador, João Eduardo Leal Nicoluzzi." reponame:Biblioteca Digital de Teses e Dissertações da PUC_PR, 2007. http://www.biblioteca.pucpr.br/tede/tde_busca/arquivo.php?codArquivo=2290.
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Dissertação (mestrado) - Pontifícia Universidade Católica do Paraná, Curitiba, 2007Bibliografia: f. 49-55
Introdução: A falta de órgãos é um problema em todo o mundo, o uso de hepatócitos isolados poderá ser a solução para este problema. Resta determinar o comportamento dos hepatócitos in vitro. Os radicais livres, que contribuem para o dano celular, pois tem
Background: The lack of organs is a serous problem all over the world. The use of isolated hepatocytes could be indicated in some specific cases replacing whole organ liver transplant.. One of the most important steps before its application is to determin
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桑原, 尚子, and Naoko Kuwahara. "法整備支援における「法の移植（legal transplants)」をめぐる議論の序論的考察 : 理論と実践の架橋をめざして." Graduate School of International Development, Nagoya University, 2007. http://hdl.handle.net/2237/7514.
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Skuhravý, Jan. "Institut trustu v českém právu." Doctoral thesis, Vysoká škola ekonomická v Praze, 2006. http://www.nusl.cz/ntk/nusl-76111.
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During the legislative works on a new Civil Code for the Czech Republic, it has been proposed that the concept of trust be introduced into Czech law, largely by transplanting the concept of fiducie contained in the Civil Code of Québec. The thesis, after introducing the principal concepts of trust as known around the world today, whether in common law jurisdictions, civil law jurisdictions or mixed jurisdictions, describes the principal commercial uses of trust in trust jurisdictions and analyses the possibilities of current Czech law to replicate the trust function not using the trust. The thesis argues that the classical civilist objections to the possibility to implant true trust into civil law jurisdictions are largely unfounded in respect of the Czech legal system. The thesis further performs a comparative assessment of the Czech Civil Code proposal. It is argued that the legal construct at hand in the proposal is actually not trust, but a mere trust-like arrangement, as it lacks one of the trust's most salient features -- transfer of the trust property by the settlor to the trustee. Apart from that, the thesis analyses specific provisions of the proposal and subjects them critique. Based on this analysis, it introduces a number of proposals for the enhancement of the proposed provisions.
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Garalevičius, Zigmas. "La codification du droit des contrats en Lituanie - l’exemple des contrats de distribution." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020056.
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Rodriguez, Villabona Andrés Abel. "La circulation de modèles juridiques : les origines de l’État providence en Colombie pendant les années trente et l’influence du constitutionalisme français du début du XXe siècle." Thesis, Université Grenoble Alpes (ComUE), 2015. http://www.theses.fr/2015GREAD006/document.
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À la différence d'autres phénomènes juridiques, le déplacement du droit d'un lieu à l'autre s'inscrit dans une analyse beaucoup plus ample que celle de droit comparé. Les États sont mis en concurrence dans de nombreux domaines : politiques économiques et fiscales, protection sociale, systèmes éducatifs, innovation, etc. Les systèmes juridiques se retrouvent également en compétition. Avec la mondialisation les échanges entre les systèmes juridiques se sont multipliés, ouvrant la voie à un recours plus fréquent à la démarche comparative. Par conséquent, la circulation du droit est un sujet qui a intéressé à la pensée juridique depuis toujours, mais qui ne commence à être traité que récemment. Pour le comprendre il convient de se rapporter à un cas spécifique, qui étant donné son caractère paradigmatique est celui de la réception du droit, de la doctrine et du régime constitutionnel français pendant les années trente en Colombie. Son examen servira comme support empirique d'un modèle explicatif du phénomène de la diffusion, d'un État à un autre, d'un droit formalisé et systématiséUnlike other legal phenomena, law's moving one place to another is part of a much broader analysis than that of comparative law. States are in competition in many areas: economic and fiscal policies, social protection, education systems, innovation, etc. Legal systems are also in competition. With globalization, exchanges between legal systems have proliferated, opening the way to more frequent use of comparative approach. Therefore, the circulation of law is a subject that always interested to legal thought, but it begins to be treated recently. To understand it should relate to a specific case, which given its paradigmatic character is that of reception of the law, the doctrine and the constitutional French regime during the thirties in Colombia. This review will serve as empirical support for a model explaining the phenomenon of diffusion from one state to another, of a formalized and systematized law
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WU, HUNG-TA, and 吳弘達. "The investigation about legal component of organ transplant." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/58491106731409786992.
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Hsya, Lou-Yin, and 羅殷霞. "The Study of Brain Death And Organ Transplant Between Taiwan And Mainland China－Discussion of Their Legal System." Thesis, 2006. http://ndltd.ncl.edu.tw/handle/24559271677024866640.
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碩士中國文化大學
法律學研究所
95
Abstract Ever since the 1970s of the 20th century, following the fast paced development of life science and the continuous evolution of social impact on life, the legislations regarding life among countries around the world have gotten involved in more than scores of issues including health care, disease control, mental health, birth and population, environmental protection, euthanasia, brain death, organ transplant, artificial insemination and open brain surgery for drug addiction treatment. The trend keeps moving forward until the end of the 20th century when life forensic science comes up. Among the subjects for discussion within its scope, brain death and organ transplant are the most important and also the most controversial ones. Organ transplant is one of the most significant contributions of the 20th century medicine to the human race, and it is also an effective method to treat late organic pathological changes. As rapid development of medical science such as genetic therapy, stem cell medicine and new immune drugs expands, organ transplant has experienced the unprecedented progress that brings a thread of hope to desperate patients. The 21st century medicine shall be an era of organ transplant. Dr. Thomas Starzl, known as the Father of Liver Transplantation, ever predicted that surgery in the 21st century would be dominated by organ transplantation surgery. Harvesting organs from human bodies to proceed with organ transplant may be seen as normal procedures medically speaking, but for the life and health of the donor, it is deemed harmful; in terms of live donor transplant, the procedures may be involved in the offenses of assisted suicide and assisted self destruction in the criminal code, while body transplant may be involved in the offense of body damage in the criminal code. Whether organ transplant is absolutely in accordance with medical principles and is beneficial to the health and safety of the recipient are topics worthy of discussions. This paper aims to focus on the law system to discuss the similarities and differences of concepts on brain death, organ donation and organ transplant across the Strait and the applications of law in order to achieve the following purposes: 1) to promote a proper definition of brain death in the law system across the Strait that is able to follow the progress in medicine; 2) to clarify the nature of human organs before the law in order to understand the rights when people freely dispose their organs; 3) to discuss the main conditions of legitimacy on organ transplant to enable doctors to be released from mental burden of obligation conflict at the same time when they are saving lives; 4) to examine the current status across the Strait and to make suggestions. The main focus of this study is on the law system to discuss the issues of brain death and organ transplant across the Strait. The law system hereby refers to the Civil Law, Criminal Law, Human Organ Transplant Ordinance, The Guidelines for Determination of Brain Death, and Medical Law that are related to legal benefit of life science. The organs referred to include heart, lung, liver, kidney, pancreas, and also include bones, eye cornea, tissue, etc. This paper probes on the difference between brain death determination and traditional death, and in terms of the thought whether organs should be traded, this paper, on one hand, analyzes from the angle whether human beings have the rights to dispose own bodies, and on the other hand discusses the necessity of organ transplant from the viewpoint of the economics of law. Considering the examples of legislations from foreign countries that may help orientate and analyze this question, this paper is going to introduce the current status of brain death and organ transplant in Taiwan, China, Japan, the United States and Spain. This paper is divided into five chapters. Chapter 1 is the introduction to introduce the research motivation, objectives, research method and scope. Chapter 2 explains the concepts of brain death, organ donation and organ transplant. The proposed explanations of specific terms and conceptual definitions are based on the science of medicine and law. Chapter 3 states the positions of human body and human organs before the law to discuss the rights of human beings in disposing own bodies based on related laws. Chapter 4 describes the examples of legislations from different countries regarding the current practicing status of organ transplant regulations and covers some discussions. This paper discusses the issues of brain death and organ transplant across the Strait through the law system hoping to provide the following research results to be taken as academic references for the medical circle and the law circle of both sides: 1) To establish a mutually nurturing relationship between the science of law and medicine. 2) To introduce the concept of death through law and medical science, and through discussions on legal benefit of life to understand various dilemmas that organ transplantation surgery is facing and then to learn how to respect lives. 3) Through the economic analysis of law, to understand the economic costs borne for our countrymen who proceed with organ transplant in mainland China. 4) To promote that the legislations regarding brain death, organ donation and organ transplant across the Strait are in compliance with medical ethics and morality, fulfilling the principles of independent decision, non-commercial, equality and fairness. This study anticipates that the law of life science from both sides may head toward a fine and healthy international direction.
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Wu, Yen Nung, and 吳妍儂. "Cross-boundary Legal Transplant in Supply Chains: The Impacts on Taiwanese Industries from International Conflict Minerals Disclosure Rules as an Example." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/xhugcj.
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碩士國立清華大學
科技法律研究所
103
The issue of “conflict minerals” – the specific minerals economically benefitting armed groups in defined areas through international trade – has recently been raised. Related regulations include voluntary codes formulated by industries, regulations developed in progress in the European Union, and also the U.S. law, which is currently the only domestic law regulating the use and disclosure of conflict mineral. However, the U. S. legislation has caused vast reactions both in and outside the U. S., especially in several countries which rely on high-technology exports, including Taiwan, concerning they may also need to comply with the rule. This situation has reflected the fact that nowadays supply chains in many industries have already spread into multiple countries; therefore, it is necessary for those enterprises, which are regulated either by laws or voluntary regulations, to request cooperation from their foreign suppliers. This kind of “regulation” exercised by enterprises through supply contracts, is considered to be viewed as a type of private governance through the transnational private regulation scheme. Also, from their suppliers’ point of view, when the suppliers are regulated by their buyers, they may be also indirectly regulated by the foreign laws or international regulations imbedded in the supply contract; in this context, supply chains have become a kind of medium transplanting regulations, and are considered that they probably have generated a kind of “legal transplant” in a broader sense. In the empirical study part, this study takes the effects on Taiwanese industries generated by conflict minerals-related regulations as an example of the “legal transplant through supply chains”. A certain proportion of participants in our study have been complying with conflict mineral regulations, and the most common incentive among them is being required by their buyers. In other words, those companies have changed their conduct because of supply relationships, under foreign laws or voluntary codes which may not necessarily regulate those companies directly. Furthermore, those participants complying with conflict mineral regulations are mostly also requiring cooperation from their own suppliers, which might imply that the regulatory effects would be continuously transmitted down through the supply chains. In the context of private governance, it may present a phenomenon that regulations may have even broader impact through the spread of supply chains. Although the participants may not represent the whole industries in Taiwan, however it may exemplify that the legal transplant in a broader sense through supply chains is probably taking place in Taiwan. Also, the example in this study may again show that in some fields such as corporate social responsibility, not only voluntary regulations may have impact on businesses’ behaviors through contract or other market power, but also those regulations may be transmitted into regions that was originally unreachable by regulators and have wider effect across boundaries.
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Harianto, Ceceh. "Regulating Equity Crowdfunding in Indonesia." Thesis, 2020. https://vuir.vu.edu.au/41792/.
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The equity crowdfunding industry has grown significantly in recent years in many countries around the world which provides capital to start-up and small and medium business enterprises (SMEs) at the early stages of their development. To benefit from crowdfunding, the World Bank suggests that developing countries should remove the barriers to its development and, if necessary, change the laws and regulations to enable it. As a result, several developing countries, including Indonesia, have introduced equity crowdfunding regulation to address entrepreneurs’ unmet need for capital that cannot be adequately served by the existing funding bodies such as banks, lending financial institutions, angel investors and venture capitals. Legislative reforms in crowdfunding in advanced countries may serve as the stepping stone in assisting developing countries to regulate their equity crowdfunding industries.
Although transplanting regulatory framework from developed countries are common and have been advocated by the World Bank as good practice to improve the business environment in developing countries, however, a mechanical ‘legal transplant’ without adaption to the institutions of the host country may be ineffective and fail due to resistance and reluctance of stakeholders to support implementation of this policy. Different levels of economic development, complexity, and maturity of economic institutions, as well as different legal and regulatory systems, are problems that need to be addressed by policymakers in developing countries if new policies are to be successfully adapted and implemented.
To mitigate these challenges, this thesis analyses whether the current expansion of equity crowdfunding regulation in advanced countries is suitable for Indonesia as a developing country. This research aims to fill the gap between the national economic need for specific regulations to support equity crowdfunding and industry need for legal certainty and better regulation of equity crowdfunding in Indonesia.
This thesis employs two research methods. Firstly, it uses qualitative methodology to understand the development of start-up funding in Indonesia. Semi- structured interviews were conducted to understand the perceptions and experience of government, venture capital, angel investor, and start-up company stakeholders. They were also asked about the new equity crowdfunding regulation in Indonesia, their understanding of the regulatory barriers and what made them confident about investing capital in equity crowdfunding. There are very few studies focusing on the role of venture capitals, angel investors and equity crowdfunding in start-up funding in Indonesia; therefore, this thesis is among the first to explore this area.
The second method uses a comparative law approach to examine issues identified in this study concerning the barriers in existing laws and regulations and to determine how different legal systems solve the same problem. Such analysis can enable refinement of existing regulation.
This study contributes to knowledge in several ways. First, investing in start- up companies is generally linked with discussion of agency theory, information asymmetries, and the start-up stages of funding. This study contributes to these theories by enriching their implementation in equity crowdfunding, especially in Indonesia. It also contributes to the discussion of legal transplant theory within the Indonesian context by borrowing and adapting equity crowdfunding regulation from developed countries. From this perspective, the thesis provides suggestions for policymakers on how the process of adapting regulation from advanced nations to developing countries can be achieved and made more effective in the implementation process. In addition, the research is innovative in adopting a process view which focuses on answering the why and how equity crowdfunding regulation may work and complements the outcome perspectives of crowdfunding in the existing literature.
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Procházková, Tereza. "Diskvalifikace členů statutárních orgánů z výkonu funkce v kapitálových obchodních společnostech a srovnání s úpravou ve Velké Británii." Master's thesis, 2017. http://www.nusl.cz/ntk/nusl-365305.
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This diploma thesis deals with the disqualification of directors. With regard to the proclaimed inspirational source from the United Kingdom, the work is focused on comparing the British legal framework with its Czech counterpart. Certain theories and methods presented in comparative literature are used for this comparison, especially the theory of legal transplants and the functional method. The work is divided into five parts, including the introduction and the conclusion. Firstly, the theoretical starting points and the objectives of the work are presented, followed by the part devoted to the British legislation and subsequently followed by the part devoted to the Czech regulation, which also contains aforementioned comparison. Last ones are the chapters devoted to answering the research questions and conclusion. In the section on British legislation, emphasis is placed on the grounds for disqualification, especially on the disqualification for unfitness. There are described main features of the regulation, which are relevant for the Czech legislation. In the part devoted to Czech version, the emphasis is also put on the grounds for disqualification, the past development of regulation in the Czech Republic and the personal scope of the disqualification. Czech legislation is also analytically...
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Chou, Naikuan, and 周迺寬. "The Study of Related Legal Issues on the End-of-Life: Focusing on the Informed Consent Harmonization between Human Organ Transplant Act and Hospice Palliative Care Act." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/89315243393531728880.
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碩士東吳大學
法律學系
101
The Hospice Palliative Care Act and the Statute Organ Donation of Human Organ Transplantation Act both are the end of life will expression, how to compromise in with the legislative life autonomy community to be informed consent confirmed in the content of the contracts. Through legislation agreed to by selective spirit to the official registry of National Health Insurance IC Card. Informed consent to be stored in various medical institutions, not readily allow the first-line health care workers that the window period before the National Health Insurance IC Card logon, so in an emergency for the execution of the death of autonomy for the parties and their families, it is recommended to arrive more earlier lifetime funeral service contract to establish, with Hospice Palliative Care Act easing program of medical regulations in the National Health Insurance IC Card annotation, death need not be extended to medical institutions, autonomy. In Taiwan, the increasing economic scale gradually has been the public social acceptance with the social taboo personal live for death personal autonomy, although the plaintext can be expressed in the content of the contracts, but the contract content focuses on the funeral as well as processing, from the analysis on lifetime funeral service contract, actually lifetime funeral service contract no autonomy mean expression for the end-of-life death. The current real resuscitate intent or do not resuscitate, which should have been informed in the lifetime funeral service before the arrival of the medical institutions therapy moment then been informed by the physician before death The proposed autonomy, often the parties and their families cannot complete autonomy for death decisions in a timely manner, in the death autonomy inform medical institutions and personnel for the parties and for the parties to delay inform physicians and their families, and how to achieve the Hospice Palliative Care Act was amended in the National Health Insurance IC Card annotation to early lifetime alive funeral service contract to establish, with easing program of medical regulations in the National Health Insurance IC Card annotation, the proposed need not be extended to medical institutions. Notification obligation may be extended to the provide lifetime funeral service contract agencies, the implementation of the program of the Palliative Care Act in the National Health Insurance IC card annotation. During his lifetime funeral service contract providers should bear the obligation to the end-of-life wishes expressed from the legal level to modify or lifetime funeral service contract providers consensus training, will review the contract period early during his lifetime funeral service contract, the end of life Death autonomy mean expression addition to medical the contract reviewed the contract during the review of the contract during the lifetime funeral service contract, so that the parties and their families early in the lifetime funeral service contract was signed, can a clear understanding of the Hospice Palliative Care Act which be expressed in the National Health Insurance IC Card annotation program whether to amend the lifetime funeral service contract, apply by analogy, so that the provisions of the Statute Organ Donation of Human Organ Transplantation Act will be ordinance with “Do Not Resuscitate” letter of intent, the two Health Insurance IC card annotation programs should lead with the obligation to be informed, by a medical contract extends to the lifetime funeral service contract provider, which should be bounded by the provisions of the effectiveness of the court.
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"The Role of Taxation in Nigeria's Oil and Gas Sector Reforms - Learning from the Canadian Experience." Thesis, 2015. http://hdl.handle.net/10388/ETD-2015-11-2282.
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Several stakeholders in Nigeria’s oil and gas industry have emphasized the need for petroleum sector reforms in Nigeria. Canada is reputed to have one of the best oil and gas tax regimes in the world. This thesis argues that certain tax measures in Canada’s oil and gas industry have considerable potential for addressing certain industry inefficiencies in Nigeria’s petroleum sector. In developing this argument, this thesis gives an overview of oil and gas taxation in both jurisdictions and examines the possibility of transferring laws between Nigeria and Canada by exploring legal and tax comparative law theories. The thesis also examines the major challenges in Nigeria’s oil and gas industry and identifies viable areas in Canada’s oil and gas tax system which have the potential to address these challenges. Given the peculiarities of oil and gas taxation in each jurisdiction, this thesis suggests that the selected Canadian fiscal and administrative measures may require certain modifications in order to make these measures more suitable for Nigeria’s legal and tax system.
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Chaves, Ana Isabel Lopes. "Regime dos Transplantes: um caso de Limitação (I)legal dos Direitos da Personalidade." Master's thesis, 2014. http://hdl.handle.net/10316/34888.
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Fan, Hao-Jou, and 范皓柔. "The New Trend of Corporate Governance of Financial Institutions ─ Extend Study on the Legal Transplants of Risk Management Measures." Thesis, 2017. http://ndltd.ncl.edu.tw/handle/8zx2d5.
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碩士國立臺灣大學
法律學研究所
105
The derivatives have been flourishing and booming since 2000, which has simultaneously increase business risk in financial institutions. With the lack of proper risk management and internal control system, some of the major financial institutions, such as Lehman Brothers and Merrill Lynch, had failed in financial intermediary and reached the verge of bankruptcy. After the outbreak of global financial crisis in 2007, many international organizations, the BASEL committee and OECD to name a few, have dedicated to finding answers to the failures of corporate governance in financial institutions. They came to the conclusion that the constant ignorance of risk management was one of the main reasons resulting in this catastrophe. Corporate governance of financial institutions had its importance and uniqueness due to their role as financial intermediary. The establishment of proper risk management measures could not only enhance the quality of financial institution itself, but also significantly reduce the impacts and damages that ripple effect might cause. Responding to these findings, many countries have legalized risk management measures, including the reform of Audit Committee and the establishment of Risk Committee or Chief Risk Officer. Although Taiwan had fortunately escaped the direct impact of global financial crisis, the TAIEX still dropped 6000 during 2007. Concerning the irreversibility of financial globalization and the vulnerability of capital market, should Taiwan take precautionary steps to advocate the awareness of risk within financial institutions? In other words, should we consider adopting certain risk management measures to promote fine corporate governance? This article, based on the discussions above, focuses on the analysis of whether Taiwan has the urgency to reform our current regulations regarding risk management, and try to offer practical suggestions to future legal implantations.
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杉浦, 一孝, 泰一郎 大江, 秋夫 小森田, and 美紀 大河内. "中央アジア諸国における立憲主義の「移植」とその現実態に関する研究." 2008. http://hdl.handle.net/2237/13157.
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Miguel, Amadeu Elves. "Política criminal, pluralismo e transplante jurídico em Moçambique: a justiça restaurativa e os tribunais comunitários como paradigmas pluralistas alternativos face à realidade sociocultural e a crise da justiça penal." Doctoral thesis, 2020. http://hdl.handle.net/1822/76799.
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Tese de Doutoramento em Ciências Jurídicas (Especialidade em Ciências Jurídicas Públicas)A Tese tem por escopo constituir um novo marco de Política Criminal em Moçambique para a construção de mecanismos de promoção dos valores comunitários e do Pluralismo Jurídico consagrado no art. 4° da CRM de 2004, através da institucionalização da Justiça Restaurativa como paradigma alternativo e complementar ao Sistema de Justiça Penal vigente, que se encontra em crise. Trata-se de refletir sobre a construção de práticas de censura que se fundem na alteridade, ou seja, na participação ativa dos envolvidos e da comunidade e não na discriminação intencional e sofrimento de outrem por meio da pena de prisão – desde que verificados os pressupostos estabelecidos nos art’s. 85°, 87°, 88°, 89° e 102° do CP, assim como o disposto no n.º 1 do art. 3º da Lei n.º 4/92, de 6 de maio, Lei dos Tribunais Comunitários. A Tese apresenta ab initio os hábitos e costumes tradicionais de resolução de conflitos e o processo de herança do sistema jurídico português em Moçambique, através do chamado Transplante Jurídico e as vantagens das justiças comunitárias, devido à natureza fragmentada por várias etnias e culturas, à excessiva formalidade, onerosidade e distância cultural dos sistemas judiciais vigentes em relação aos cidadãos, a facilidade e simplicidade dos mecanismos tradicionais, bem como a ligação com a cultura das comunidades. Ex positis a Tese conclui que não é essencial substituir a Justiça Penal vigente – em crise –, mas sim, restaurá-la, isto é, fomentar os ações para a superação dessas crises, entre eles –, para além do Pluralismo Jurídico e valorização das formas comunitárias de resolução de conflitos –, a Política Criminal, as Políticas Públicas de Segurança e o Policiamento Comunitário como uma nova forma de prevenção do crime, a atuação das instituições de administração da Justiça (Polícia e MP), a adequação do CP com o CPP, as penas e medidas alternativas à prisão e a Política Prisional e ressocialização do recluso como asserções para a institucionalização da Justiça Restaurativa em Moçambique.
The Thesis presented is intended to constitute a new framework of Criminal Policy in Mozambique for the construction of mechanisms to promote community values and Legal Pluralism enshrined in art. 4, through the institutionalization of Restorative Justice as an alternative and complementary paradigm to the current Criminal Justice System, which is in crisis. It is a matter of reflecting on the construction of censorship practices that are based on alterity, that is, the active participation of those involved and the community and not on the intentional discrimination and suffering of others by means of a prison sentence and, the assumptions established in art. 85, 87, 88, 89 and 102 of the criminal code, as well as the provisions as per the 1st of art. 3 of Law 4/92 of May 6, Law of Community Courts. The thesis also demonstrates the inheritance process of the Portuguese legal system in Mozambique through legal transplantation and the advantages of community justice due to the fragmented nature of various ethnic groups and cultures, the excessive formality and cultural distance of the judicial systems in force with respect to citizens, the great linguistic diversity of the population, the ease and simplicity of the traditional mechanisms, as well as the connection with the culture of the communities. The thesis concludes that it is not necessary to replace the current criminal justice in crisis, but rather to bring new challenges" to overcome these crises, among them, of course, beyond Legal Pluralism and valorization of community forms of resolution Criminal Policy, Public Security Policies and Community Policing as a new form of crime prevention, the work of the institutions of administration of Justice - Police and MP -, the adequacy of the CP with the CPP, the penalties and alternative measures to prison and Prison Policy and re-socialization of the inmate as assertions for the institutionalization of Restorative Justice in Mozambique.
Este trabalho foi apoiado pelo Serviço de Bolsas da Fundação Calouste Gulbenkian, através da atribuição de bolsa de estudo de Pós-graduação destinadas a Estudantes dos PALOP e Timor-Leste, processo n.º 135639.