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1
Hartwig, Wendy. "Legal status and protection of animals in South Africa." Thesis, University of Fort Hare, 2012. http://hdl.handle.net/10353/515.
Full textAbstract:
The animal welfare legislation that is discussed in this Dissertation is just a sample of the available legislation from the chosen foreign jurisdictions and South Africa. The chosen foreign jurisdictions were chosen as a lens to gain a needed perspective on South African animal welfare legislation. The legislation chosen for discussion falls within particular categories that are discussed fully in the later chapters.i Despite the fact that the animal rights and animal welfare movements are recorded to date back as far as 500B.C, the majority of jurisdictions throughout the world still consider animals to be property that can be bought, traded, hunted and after they are killed, their remains kept as trophies or souvenirs. Within these jurisdictions (which includes South Africa and the other four chosen foreign jurisdictions – Kenya, India, Switzerland and the United States of America) there is a demonstrated lack of proper enforcement of the animal welfare/animal anti-cruelty legislation, regulations and industry rules, which is made worse by the actions of uncaring, abusive and/or ignorant people. South Africa is no better or worse to the four chosen jurisdictions in that it has similar anti-cruelty/animal welfare legislation. The lack of proper enforcement of this animal welfare legislation in South Africa should be of great concern as many studies have indicated that there is a link between animal abuse/cruelty and ‘human’ abuse. The same studies also indicate that animal abusers are at a greater risk of becoming violent criminals or of committing a violent crime. For example, the Federal Bureau of Investigation has noted that most serial killers in the USA had a history of torturing, abusing and killing animals before they moved on to torturing, abusing and/or killing humans in their adult life. Needed changes to the animal welfare legislation and how people view animals should be made in South Africa to ensure that welfare of animals is protected. For example, the Government could educate people about animal welfare in order to overcome any ignorance that may be the cause of animal pain and abuse, as well as strengthening existing animal welfare legislation. The eradication of ignorance, as well as a necessary change in the current animal welfare legislation, will help to create a real change in how people view and treat i Chapter 5 and 6. [iii] animals. People will come to realise that animals exist in their own right and that they were not created to serve or to be exploited by man.
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Setrakian, Aida Alice. "Armenians in the Ottoman legal system (16th-18th centuries)." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99600.
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This thesis examines the participation of Armenians in the shari'a courts of the Ottoman Empire from the 16th to the 18th centuries. Scholars have traditionally thought that Armenians in the Ottoman Empire resolved their disputes within their own communities' legal systems. However, new studies of Ottoman court records reveal that Armenians in the Ottoman Empire frequently used the shari'a courts to resolve a wide variety of disputes. There are several possible reasons to account for this frequent shari'a court use by a community that theoretically had its own courts. The first is that the Armenian millet's legal structures were perhaps exaggerated or misunderstood by previous scholars. The second is that Islamic law was not as unfavourable to dhimmis as presumed and that the shari'a courts were adequate for their needs. Finally, the way the courts applied Islamic law was sometimes advantageous to certain dhimmis.
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KIM, PILKYU. "EMPLOYMENT OF ALIENS IN THE UNITED STATES: A QUESTION OF DISCRIMINATION AS EVALUATED UNDER STANDARDS OF INTERNATIONAL LAW." Diss., The University of Arizona, 1985. http://hdl.handle.net/10150/184198.
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This study is designed to investigate discrimination in employment against resident aliens in the United States as evaluated by both U.S. practices and standards of international law and to determine whether the American treatment of aliens in employment is compatible with the international standard. In order to examine the common assertion that American practices in the treatment of aliens in employment is superior to the international minimum standard, two sets of hypotheses are tested: one on the existence of the minimum international standard, which protects aliens' rights, and the other on the American practice of requiring citizenship for employment, which deprives aliens of equal protection and thereby places the legal position of aliens below the minimum international standard. Three major sources of data for this study involve data from: (1) international arbitrations, conventions and agreements; (2) United States executive, legislative, and judicial decisions and actions; and (3) Immigration and Naturalization Service materials. The major findings indicate that the contemporary minimum international standard includes post-1945 Human Rights instruments together with the traditional minimum international standards. The most significant finding is that the contemporary minimum standard affords aliens the right to work without discrimination and confirms the relevant hypothesis in connection with the minimum standard. The study reveals that aliens in the United States are discriminated against in employment because of alienage at three different levels--federal, state, and private--with more intensity of discrimination at the federal level, despite the equal protection clause in the U.S. Constitution. The study concludes that American employment practice in the period of 1886-1971 was comparable with the international standard. On the other hand, during the 1971-1980 era, U.S. standards were below the minimum international standard as set forth by international law. This confirms the hypothesis, with some modification, that the U.S. practice of demanding citizenship for some employment has undercut the legal position of aliens so that it falls below the minimum international standard.
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Stuntz, Jean A. "The Persistence of Castilian Law in Frontier Texas: the Legal Status of Women." Thesis, University of North Texas, 1996. https://digital.library.unt.edu/ark:/67531/metadc277693/.
Full textAbstract:
Castilian law developed during the Reconquest of Spain. Women received
certain legal rights to persuade them to move to the villages on the expanding frontier. These legal rights were codified in Las Siete Partidas, the monumental work of Castilian law, compiled in the thirteenth century. Under Queen Isabella, Castilian law became the law of all Spain. As Spain discovered, explored, and colonized the New World, Castilian law spread. The Recopilacidn de Los Leyes de Las Indias complied the laws for all the colonies. Texas, as the last area in North America settled by Spain, retained Castilian law. Case law from the Bexar Archives proves this for the Villa of San Fernando(present-day San Antonio). Castilian laws and customs persisted even on the Texas frontier.
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Badr, Yasmine. "The foetus in Sunnī Islamic law : an introduction." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=33868.
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The foetus and its legal status in Sunni Islamic law constitute the topic of this thesis. This topic was chosen due to two main reasons. First, it is a topic of great social relevance, particularly with regards to the issues of abortion, ensoulment and foetal rights. Second, it is a topic that has received scant scholarly attention. Indeed, we find that many scholars deal with issues related to the foetus such as inheritance, bequests and blood-money inter alia in their discussions of such issues. We do not find a work concentrating solely on the foetus, thereby gathering many rulings concerning it in a single oeuvre. Hence, given the current state of scholarship as well as the social relevance of the rulings concerning the foetus, this topic was chosen as the main theme of this thesis.This thesis explores the different tools utilized by jurists to arrive at these rulings. It tackles the issues of conception, ensoulment, abortion and gestation before proceeding to the rulings concerning the foetus' parentage, inheritance and blood-money. In doing so, it resorts to fiqh books from the four Sunni schools of law. It argues that the foetus was recognized as a "person" under the law and that great effort was extended towards securing many rights in its favour.
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Misiūnas, Eimutis. "Legal Status of Police Officers." Doctoral thesis, Lithuanian Academic Libraries Network (LABT), 2010. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2010~D_20100901_090346-02295.
Full textAbstract:
The thesis addresses legal status of police officers by scrutinizing efficiency of the institution, identifying the key determinants of the efficiency and modeling legal measures that would allow prompt reaction to the unstable environment of the police service. Efficiency of Legal Status is analyzed via assessment of elements of the legal status and classification of those into four correlative segments. The work comprises an eight year evolution of the efficiency, its sociological indexes in police services exercising patrolling of public places, control of traffic safety and protection of secured objects. The thesis evaluates effects of social environment (community) and political and economic factors upon efficiency of legal status in general and, by scrutinizing legal regulation in each segment individually, identifies faults and shortcomings in the efficiency and evaluates readiness of police officers to exercise their functions by comparison of training programs for primary pack police officers in Lithuania, Ireland and Finland. The thesis ends with a range of proposals on legal regulation of individual segments of the legal status that would allow enhancement of efficiency of legal status and on compensatory mechanisms to maintain restored efficiency of legal status. Conclusions of the survey reveal that the legal status of police officers regulated in accordance with positivistic legal theories is inefficient and neither meets demands of police officers nor the needs... [to full text]Disertacijoje nagrinėjamas policijos pareigūnų teisinis statusas, tiriant šio viešosios teisės instituto veiksmingumą, nustatant ir įvertinant pagrindinius veiksmingumo determinantus ir modeliuojant teisines priemones, leidžiančias greitai reaguoti į kintančias policijos pareigūno veiklos sąlygas. Teisinio statuso veiksmingumas tiriamas vertinant teisinio statuso elementus, klasifikuojamus į keturis tarpusavyje koreliuojančius segmentus. Vertinama veiksmingumo pokyčio dinamika aštuonių metų laikotarpyje ir jo sociologiniai rodikliai policijos tarnybose, vykdančiose viešųjų vietų patruliavimą, eismo kontrolę ir objektų apsaugą. Disertacijoje įvertinama socialinės aplinkos (visuomenės), politinių ir ekonominių veiksnių įtaka teisinio statuso veiksmingumui apskritai ir kiekvienam teisinio statuso segmentui, analizuojamas segmentų teisinis reguliavimas, nustatant jo nepakankamumą ar ydingumą, vertinama policijos pareigūnų parengtis funkcijoms vykdyti, analizuojant ir lyginant Lietuvos Airijos ir Suomijos pirminės grandies policijos pareigūnų mokymo programas. Disertacijoje pateikiami pasiūlymai dėl teisinio statuso segmentų teisinio reguliavimo, sudarančio prielaidas didinti teisinio statuso veiksmingumą, ir dėl kompensacinių mechanizmų, skirtų palaikyti atkurtą statuso veiksmingumą. Tyrimo išvados atskleidžia, jog pagal pozityviosios teisės tradiciją reglamentuojamas ir įgyvendinamas policijos pareigūno teisinis statusas nėra veiksmingas, netenkina nei policijos pareigūnų, nei... [toliau žr. visą tekstą]
7
Clouet, Johanne. "La domesticité juvénile en Haïti : une vision à travers la lentille du pluralisme juridique." Thesis, McGill University, 2008. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=115989.
Full textAbstract:
In this thesis, we present the outcomes of a research conducted on children's domestic labor in Haiti. In addition to being engaged in housekeeping work -- which has a negative impact on access to basic education -- children in domesticity are generally victims of harmful disciplinary measures as well. Consequently, our main objective is to expose the actual norms and practices regarding the education and the physical treatment of young domestic workers.Based on legal pluralism, the approach undertaken during this research combines both theoretical and empirical research, and focuses on law and norms existing at multiple levels.
First, we present the information gathered from our theoretical approach. After exploring the notion of "Haitian child domestic servant", sketching social profiles of actors engaged in the practice of domesticity, and identifying the most significant contingent factors, we underline the principal national and international norms guaranteeing children the right to education as well as to physical integrity.
Second, we explore the local norms related to the education and to physical treatment of young domestic servants through the results of empirical research carried out in Haiti in the form of observation and interviews with relevant actors.
We conclude by identifying the framework of norms that govern the behaviour of families that host domestic children. Understanding that framework allows jurists and other actors to identify and implement the actions more likely to improve the quality of life of child domestic workers.
8
Beamer-Downie, Darcy. "Freight forwarders' liability during international multimodal transportation." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=33354.
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Over the past 30 years the transportation of goods has developed beyond recognition. The transportation infrastructure is sophisticated and relatively efficient and it is not unusual for goods to be shipped by more than one mode of transportation. Unfortunately, private law has not kept pace with these infrastructure changes. Therefore, a different liability regime applies to every unimodal type of transportation. Though, each unimodal regime is usually based on similar principles they are sufficiently different, from each other, to create a great deal of uncertainty when trying to assess the liability of the participants, in the transportation venture. Such uncertainly is highlighted, for example, when the exact time of the loss or damage cannot be ascertained---which liability regime is applicable?An individual who engages a forwarder will not be particularly concerned with the above and generally assumes that by dealing with a forwarder, the forwarder will be liable for any loss or delay. Unfortunately, this is not always the case and depending on the terms upon which the forwarder contracts i.e. as agent, principal, carrier etc., and the application of any mandatory liability regime the forwarder may limit or escape liability altogether. Thereby leaving the customer without an effective remedy.
In this thesis we have examined the common law evolution of the freight forwarder from their traditional role as agents to their modern sophisticated role, as a "one stop shop," which more closely resembles that of principal. With particular emphasis on how forwarders' have coped with the advent of multimodal transportation and its legal uncertainty.
9
Elleven, Russell K. (Russell Keith). "Student Legal Issues Confronting Metropolitan Institutions of Higher Education." Thesis, University of North Texas, 1996. https://digital.library.unt.edu/ark:/67531/metadc277754/.
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This study examined perceptions of student legal issues confronting metropolitan institutions of higher education. The data for the study were collected using a modified version of Bishop's (1993) legal survey. The sample for the study consisted of 44 chief student affairs officers and 44 chief legal affairs officers employed with the 44 institutions affiliated with the Coalition of Urban and Metropolitan Universities. Frequency counts and percentage distributions were employed to analyze the data. Chief student affairs officers and chief legal affairs officers have very different perception as to the most likely student legal issues to be litigated in the next ten years. Chief student affairs officers found few student legal issues highly likely to be litigated in the next 10 years. Affirmative action, sex/age discrimination, fraternities and sororities, and disabled students were the only student legal issues at least 20 percent of chief student affairs officers believed to be highly likely of litigation in the next ten years. Chief legal affairs officers believed many student legal issues would be litigated in the next 10 years. At least 20 percent of the chief legal affairs officers believed admission criteria, affirmative action, reverse discrimination, sex/age discrimination, athletic tort liability, Title IX, defaulting student loans, defamation, negligence, academic dismissals, academic dishonesty, cyberspace issues, and disabled students to be highly likely of litigation in the next ten years. Chief student affairs officers and chief legal affairs officers prepare very similarly for future student legal issues they may confront in the future. There is a large amount of crossover between professional conferences of chief student affairs officers and chief legal affairs officers. Student affairs and legal affairs officers will attend professional conferences of both groups in order to stay abreast of student legal issues. It appears chief student affairs officers are not prepared to confront many of the student legal issues highly likely to be litigated in the next ten years.
10
Cai, Yinghong, and 蔡映紅. "The legal rights in informed consent form for treatment in China." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2007. http://hub.hku.hk/bib/B39724347.
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Trilsch, Mirja A. "Gender-based persecution and the 'particular social group' category : an analysis." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31176.
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This thesis addresses the problems related to the assessment of gender-based claims of persecution under the international definition of 'refugee'. The 1951 United Nations Convention Relating to the Status of Refugees does not list 'gender' as one of the persecution grounds that entitle a person to seek refuge. In attempting to solve this apparent dilemma, the 'membership of a particular social group' category was long considered to be the appropriate assessment framework.While nowadays the other four enumerated Convention grounds---race, religion, nationality, and political opinion---have increasingly received regard, the approach to gender-based persecution has so far been neither systematic, nor consistent. Moreover, the most critical interpretative hurdles continue to arise in the context of the 'membership of a particular social group' category,
This study therefore examines the link between the two concepts of gender-based persecution and the 'membership of a particular social group' category. For this purpose, both concepts are first considered independently (Parts II and III). Following this, the larger part of the analysis is assigned to the examination of the international case law concerning gender-based claims (Part IV) which shall determine if and how gender-based persecution can appropriately be accommodated under the 'membership of a particular social group' category,
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Tremblay, Michel 1955 Feb 27. "The legal status of military aircraft in international law /." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=81237.
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Since the beginning of the history of aviation, the use of aircraft for military purposes revealed an efficient and dangerous weapon in the arsenal of a State. First it was used as observatory post, and then the aircraft took a more active role in combat until it became a destructive and deadly weapon. The definition of military aircraft in international law is not clear as States only wish to regulate international civil air navigation and not state aircraft. On the other hand, the Law of armed conflict defines the status of every aircraft with their respective duties and rights in the conduct of hostilities. The interception of civil aircraft by military aircraft shall be done in accordance with the international standards adopted by the International Civil Aviation Organization in virtue of the Chicago Convention and it's limited to determine the identity of the aircraft. The use of deadly force against civilian aircraft in flight is equivalent of pronouncing the death sentence of its occupants without the hearing of a trial. Respecting the international standards of interception of civil aircraft is a necessity.
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Kinley, Gary J. "An examination of the advocacy techniques employed by three state-level child advocacy groups." Virtual Press, 1986. http://liblink.bsu.edu/uhtbin/catkey/471162.
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The purpose of this study was to examine the advocacy techniques employed by three state-level child advocacy groups in a mid-western state and to determine the effectiveness of such techniques in influencing policy and legislation.The groups studied were a government-funded bureau, a professional association, and a varied member organization. Each was selected because it met the qualifications set forth for that particular group type. Data collection took place during June and July, 1981.The records examined during data collection included minutes of meetings, publications, fiscal reports, legislative reports and bills, by-laws, and newspaper articles. The data discerned from the records described the groups' founding, objectives, structure, membership, finances, and advocacy strategies, particularly public information campaigns, training, and lobbying efforts. Interviews were conducted with persons knowledgeable of the groups' activities, as necessary.Data were organized into the categories of background information, objectives, membership, structure, funding, and advocacy efforts. Issues considered by any of the three groups were classified either as legislation or as a child-oriented issue. Advocacy techniques utilized to advance a group's position on a piece of legislation were paired with the bill. The effectiveness of the techniques was determined via a scale which examined a bill's progression through the legislative process. Patterns of effective advocacy were listed. Similarly, advocacy techniques employed to advance a group's position on child-oriented issues were paired with the issues. Patterns of advocacy were discerned from that information.As a result of the data analysis, the following conclusions were made; (a) a variety of techniques were used by the groups and contributed to effective advocacy; (b) the techniques of writing to and meeting with legislators or their staffs on behalf of a group were utilized most commonly in successful efforts related to legislation; (c) collaboration and multiple efforts were related to effective advocacy; (d) the professional association was most successful in its legislative advocacy efforts; and (e) the three groups took more positions and utilized more advocacy techniques on child-oriented issues than on legislation.
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Haddadin, Fadi. "Critique of shareholder status in Jordanian corporate law : a comparative approach." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ64279.pdf.
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Charters, Claire Winfield Ngamihi. "The legitimacy of indigenous peoples' norms under international law." Thesis, University of Cambridge, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.609841.
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Herauf, Todd J. "Immunity for New Mexico Public School Districts and the 1978 Tort Claims Act." Thesis, University of North Texas, 2014. https://digital.library.unt.edu/ark:/67531/metadc699955/.
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In a 3-year timeframe, nearly 800 student negligence suits were filed, and most involved some claim of personal injury. Despite heightened public attention of negligence lawsuits against school districts and their employees, an empirical study of court decisions revealed that the volume of litigation against school districts remained steady from 1990 to 2005, the majority of cases were ruled in favor of the school district employees, and government and official immunity were most often the basis for these rulings. Researchers have concluded that immunity laws are strong in the United States, although they vary by state in their application. However, a primary recommendation was that, because of the misconception of a lack of immunity for public school employees, a comprehensive study on governmental and official immunity is needed. This dissertation employed legal research, analysis, and methodology to engage in a comprehensive investigation of teacher immunity in the four southern states of Texas, Oklahoma, Mississippi, and New Mexico. Of central concern to this dissertation was the Tort Claims Act of 1978 from the State of New Mexico. The Tort Claims Act is the vehicle by which immunity is granted to public school employees. Court findings over the last 35 years point to three primary domains under which cases pertaining to immunity fall: negligence (62.5%), evaluation and supervision (16.7%), and student discipline (8.3%). Immunity appears strong across all three domains; however, only future studies on cases by state will determine whether states in the southwest United States are the norm or an anomaly.
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Saleh, Saleh Ali. "The legal status of IATA under national and international law /." Thesis, McGill University, 1986. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=65934.
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Dorsett, Shaunnagh Law Faculty of Law UNSW. "Thinking jurisdictionally: a genealogy of native title." Awarded by:University of New South Wales. School of Law, 2005. http://handle.unsw.edu.au/1959.4/23963.
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In Mabo v. State of Queensland (No. 2) (1992) 175 C.L.R. 1, the majority of the High Court held that ???native title??? had survived the acquisition of sovereignty over the Australian continent and is ???recognised??? by the common law. However, all the judgments failed to articulate clearly either the nature of native title as a legal form, and the relationship of that legal form to the common law, or what is meant by ???recognition???. Twelve years later the High Court has still not provided a satisfactory understanding of any of these matters. The central problem investigated by this thesis is the nature of that relationship and of the legal interest of native title. It is contended that this relationship can be understood and ordered as a matter of jurisdiction. This thesis seeks to recuperate a substantive concept of jurisdiction, and specifically of a particular jurisdiction, that of the common law, and to demonstrate how the interest of native title results from the jurisdictional relationship between common law and indigenous law. Part I is a genealogy of native title, drawn out through a history of ideas about common law jurisdiction. It is an account of the legal practice of jurisdiction, through a conceptual elaboration of a particular jurisdiction: the common law. This part traces the history of the common law from its origins in a pluralistic, fragmented, jurisdictional landscape, to its current position as the ???law of the land???. It considers the traditional mechanisms and techniques through which the common law has ordered its relationships with other jurisdictions, and how it has appropriated matters traditionally within the purview of other jurisdictions, accommodating them within the common law as ???custom???. The thesis demonstrates that the same gestures and practices can be seen in modern native title decisions, and contends that the ordering which underpins both native title, and the Australian legal system, is jurisdictional. Part II examines the practice of jurisdiction through an examination of three technologies of jurisdiction, all of which contributed to the construction of the legal entity of native title as an act of jurisdiction: mapping, accommodation and categorisation.
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Matakala, Lungowe. "Inheritance and disinheritance of widows and orphans in Zambia : getting the best out of Zambian laws." Thesis, University of Cambridge, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.608991.
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Misiūnas, Eimutis. "Policijos pareigūnų teisinis statusas." Doctoral thesis, Lithuanian Academic Libraries Network (LABT), 2010. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2010~D_20100901_090334-86298.
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Disertacijoje nagrinėjamas policijos pareigūnų teisinis statusas, tiriant šio viešosios teisės instituto veiksmingumą, nustatant ir įvertinant pagrindinius veiksmingumo determinantus ir modeliuojant teisines priemones, leidžiančias greitai reaguoti į kintančias policijos pareigūno veiklos sąlygas. Teisinio statuso veiksmingumas tiriamas vertinant teisinio statuso elementus, klasifikuojamus į keturis tarpusavyje koreliuojančius segmentus. Vertinama veiksmingumo pokyčio dinamika aštuonių metų laikotarpyje ir jo sociologiniai rodikliai policijos tarnybose, vykdančiose viešųjų vietų patruliavimą, eismo kontrolę ir objektų apsaugą. Disertacijoje įvertinama socialinės aplinkos (visuomenės), politinių ir ekonominių veiksnių įtaka teisinio statuso veiksmingumui apskritai ir kiekvienam teisinio statuso segmentui, analizuojamas segmentų teisinis reguliavimas, nustatant jo nepakankamumą ar ydingumą, vertinama policijos pareigūnų parengtis funkcijoms vykdyti, analizuojant ir lyginant Lietuvos Airijos ir Suomijos pirminės grandies policijos pareigūnų mokymo programas. Disertacijoje pateikiami pasiūlymai dėl teisinio statuso segmentų teisinio reguliavimo, sudarančio prielaidas didinti teisinio statuso veiksmingumą, ir dėl kompensacinių mechanizmų, skirtų palaikyti atkurtą statuso veiksmingumą. Tyrimo išvados atskleidžia, jog pagal pozityviosios teisės tradiciją reglamentuojamas ir įgyvendinamas policijos pareigūno teisinis statusas nėra veiksmingas, netenkina nei policijos pareigūnų, nei... [toliau žr. visą tekstą]The thesis addresses legal status of police officers by scrutinizing efficiency of the institution, identifying the key determinants of the efficiency and modeling legal measures that would allow prompt reaction to the unstable environment of the police service. Efficiency of Legal Status is analyzed via assessment of elements of the legal status and classification of those into four correlative segments. The work comprises an eight year evolution of the efficiency, its sociological indexes in police services exercising patrolling of public places, control of traffic safety and protection of secured objects. The thesis evaluates effects of social environment (community) and political and economic factors upon efficiency of legal status in general and, by scrutinizing legal regulation in each segment individually, identifies faults and shortcomings in the efficiency and evaluates readiness of police officers to exercise their functions by comparison of training programs for primary pack police officers in Lithuania, Ireland and Finland. The thesis ends with a range of proposals on legal regulation of individual segments of the legal status that would allow enhancement of efficiency of legal status and on compensatory mechanisms to maintain restored efficiency of legal status. Conclusions of the survey reveal that the legal status of police officers regulated in accordance with positivistic legal theories is inefficient and neither meets demands of police officers nor the needs... [to full text]
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Jones, Sarah E. "A Comparison of the Status of Widows in Eighteenth-Century England and Colonial America." Thesis, University of North Texas, 2004. https://digital.library.unt.edu/ark:/67531/metadc4507/.
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This thesis compares the status of upper-class widows in England to Colonial America. The common law traditions in England established dower, which was also used in the American colonies. Dower guaranteed widows the right to one-third of the land and property of her husband. Jointure was instituted in England in 1536 and enabled men to bypass dower and settle a yearly sum on a widow. The creation of jointure was able to proliferate in England due to the cash-centered economy, but jointure never manifested itself in Colonial America because of the land centered economy. These two types of inheritance form the background for the argument that upper-class women in Colonial America had more legal and economical freedoms than their brethren in England.
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Baker, Dana Lee. "Children's disability policy in Canada, the United States and Mexico : a question of convergence /." Access restricted to users with UT Austin EID Full text (PDF) from UMI/Dissertation Abstracts International, 2001. http://wwwlib.umi.com/cr/utexas/fullcit?p3025136.
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Teny, Jamual Peter Malual. "Comparing child justice legislation in South Africa and South Sudan." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1020941.
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The legal framework and legislation governing the rights of the children have become of great concern in modern societies, particularly, in the area of criminal justice and human rights. The Convention on the Rights of the Child and African Charter on the Rights and Welfare of the Child are basic international and regional conventions regulating the rights of the children and include how to deal with children in conflict with the law. States parties to these conventions are required to take appropriate measures, which includes enactment of legislation to give effect to these rights. Legislative instruments must address the following issues: The principle of the best interest of the child; the age of criminal responsibility; restorative justice; diversion; and the trials of children in conflict with the law. The above-mentioned instrument require and emphasise the use of an alternative approach in respect of the children who are in conflict with law. In this research a comparative approach is used to compare the South African and South Sudanese child justice legislative instruments. The legislative instruments pertaining to child justice in both countries are set out and compared. It is concluded that the South African legislative instruments are more aligned to the Convention on the Rights of the Child and African Charter on the Rights and Welfare of the Child. Recommendations and proposals are made to enact to adopt in South Sudan new legislative measures and provisions aim to afford more protection to children in conflict with the law and to strike a better balance between rights of a child and victim of crimes.
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Emberesh, Elhagi Abdulgader. "The legal status of the Gulf of Sirte in international law." Thesis, University of Liverpool, 1991. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.292971.
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In 1973 Libya claimed the Gulf of Sirte. Its claim was based on historic and vital interests and it stated that the Gulf was part of Libyan internal waters over which Libya exerts full sovereignty and that the Gulf was an historic or vital bay. The thesis analyses the Libyan historic and/or vital bay claim over the Gulf. Although the doctrine of historic and/or vital bays is not codified, it is not a new doctrine in international law. It is argued that, as an exception to the general rules on bays, the coastal State has the right, by virtue of historic and vital interests, to claim and appropriate a bay adjacent to its coast. Chapter one deals with the scope of the research including the legal significance of the claim to Libya. The chapter discusses the methodology used and reviews the 1973 Declaration and international reaction to it, including the US-Libyan incidents. The geographical and historical background of the Gulf of sirte are also reviewed. In chapter two the evolution of the concepts of bays, historic bays and waters in international law are discussed. The chapter deals with definitional issues, the evolution and codification of the law of bays, and assess the law applicable in the field of historic and/or vital bays, and the requirements of customary international law. Chapter three analyses the Libyan immemorial usage and the effective Libyan exercise of sovereignty over the Gulf of sirte. Chapter four discusses the concept of acquiescence and whether there has been international acquiescence in the Libyan claim. Chapter five deals with the concept of protest and its application to the Libyan claim. It analyses the protests made at the Libyan claim and discusses a number of the protests made by States which have made similar claims to that of Libya. The issue of re~!procity is examined prior to detailed consideration and evaluation of the protests. Chapter six discusses the vital bay theory in a theoretical context, in state practice and its implementation by the tribunals. It also analyses the Libyan vital interest9s in the Gulf of Sirte and assesses the Libyan vital bay claim. Finally, chapter seven provides an overview of the Libyan historic and vital bay claim over the Gulf of sirte in a regional framework and in the context of the changing law of the sea. Proposals are made concerning the formulation of new rules when necessary on the codification of existing rules, on State practice and emerging trends relating to historic and/or vital bays. It is recommended that special attention should be given to the legitimate and genuine interests and needs of coastal States and the proposals made by Developing States in this regard.
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Borovan, Nicole A. "The Canada-United States Safe Third Country Agreement : a constitutional analysis." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=98604.
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This thesis examines the Safe Third Country Agreement between Canada and the United States from the perspective of Canada's obligations vis-a-vis asylum seekers under the Canadian Charter of Rights and Freedoms. The Safe Third Country Agreement requires asylum seekers to lodge their refugee claims in the first country of arrival, as between Canada and the United States. Asylum seekers on the United States side of the border who are seeking to enter Canada for the purpose of claiming refugee status will be deflected to the United States to lodge their claims there. By deflecting asylum seekers in this manner, Canada effectively conscripts the United States to carry out its obligations under the Charter to furnish procedural and substantive protections to asylum seekers. This thesis examines certain features of the United States asylum system to which asylum seekers deflected under the Safe Third Country Agreement would be subjected, in order to determine whether, according to relevant Charter jurisprudence, deflection constitutes a deprivation of security of the person under section 7 of the Charter and whether such deprivation can be justified under section 1.
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Pang, Wai-cheong Derek, and 彭偉昌. "From colony to SAR: aspects of change in HongKong's legal status." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1991. http://hub.hku.hk/bib/B31963948.
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Latulippe, Chloé. "Territoire, mouvement et protection des minorités en droit international : le cas des Roms et des Gens du voyage." Thesis, McGill University, 2007. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101820.
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In an era of globalisation, often described as the era of mobility and of the decline of the relevance of territory, the Roma and the Travellers embody a transnational and non-territorial society. Yet this minority group experiences deplorable living conditions and the survival of its culture is endangered. A study of minority protection mechanisms in international law reveals that the grasp of territory and "sedentarism" has far from disappeared from this branch of law. Territory (or the absence thereof) and movement are the main challenges faced by international law in the development of solutions to the situation of the Roma and the Travellers. In light of the failure of current minority protection regimes, the quest for recognition of a "Roma nation" appears to be an avenue worth exploring. However, while the Roma may not fall clearly within the parameters of minority protection, they do not fall clearly within the concept of nation either. When examining the potential of such recognition, one realizes that it is necessary to redefine the right of self-determination in the context of minority protection and in a transnational and non-territorial perspective.
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Falcon, Paulette Yvonne Lynnette. "If the evil ever occurs : the 1873 Married Women's Property Act : law, property and gender relations in 19th century British Columbia." Thesis, University of British Columbia, 1991. http://hdl.handle.net/2429/30571.
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This study will examine the circumstances surrounding the passage of the British Columbia Married Women's Property Act, 1873 and the judicial response to it. The statute was an attempt on the part of legislators to clarify and facilitate married women's actions in the marketplace, while accomodating new ideas about women's place in society. But despite the rhetoric about women's rights and the bill's more egalitarian potential, it precipitated no domestic revolution. The courts, in turn, ignored the legislation's more liberal provisions and interpreted it solely as a protective measure. Notwithstanding their different views on gender relations and marital property reform, legislators and judges shared common beliefs about the importance of family life. Consequently, the law defended women's legal rights as family members more than as individuals. Overall, the bill represented a compromise. Although it was meant to alleviate some of a wife's legal disabilities so that she could participate more freely in the economic life of the community, it was also grounded in the Victorian paternalism of the legislators who enacted it and the judges who enforced it. As a result, despite the challenge presented by the provisions of the Married Women's Property Act, the doctrine of marital unity proved remarkably resilient.Arts, Faculty of
History, Department of
Graduate
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Niemeyer, S. Ryan. "A legal analysis of anti-bullying laws in the United States : are the laws adequate to address cyberbullying? /." Full text available from ProQuest UM Digital Dissertations, 2008. http://0-proquest.umi.com.umiss.lib.olemiss.edu/pqdweb?index=0&did=1850533521&SrchMode=1&sid=3&Fmt=2&VInst=PROD&VType=PQD&RQT=309&VName=PQD&TS=1277322211&clientId=22256.
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Thesis (Ph.D.)--University of Mississippi, 2008.Typescript. Vita. "July 2008." Major Professor: Dr. Douglas R. Davis Includes bibliographical references (leaves 115-124). Also available online via ProQuest to authorized users.
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Kanning, Arnald J. "Unifying commercial laws of nation-states coordination of legal systems and economic growth /." [Maastricht : Maastricht : Universiteit Maastricht] ; University Library, Maastricht University [Host], 2003. http://arno.unimaas.nl/show.cgi?fid=6010.
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Sallée, Clémentine. "Reflection on the legal status on sterilization in contemporary Canada." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=29564.
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In light of its past eugenic use, and its often irreversible nature, non-therapeutic sterilization, the result of which is to deprive an individual of his/her capacity to procreate, has always enjoyed a particular status and its use and legal status engendered debate, discussion and controversy.The purpose of this dissertation is to determine under which conditions non-therapeutic sterilization can lawfully be performed under Canadian law.
Whereas the legality of non-therapeutic sterilization when voluntarily consented to by a competent individual is today established in all Canadian provinces, it appears that Quebec is the only province to allow non-therapeutic sterilization to be performed on an individual lacking through age and/or disability the necessary capacity to consent, common law provinces denying any beneficial aspects to the procedure. The law on involuntary non-therapeutic sterilization however lacks clarity, certainty and consistency, a legislative reform is therefore advocated.
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Malek-Ahmadi, John Faupel Charles E. "Legal status of alcohol, population density, and the incidence of DUI arrests in Alabama." Auburn, Ala, 2008. http://repo.lib.auburn.edu/EtdRoot/2008/SUMMER/Sociology/Thesis/Malek-Ahmadi_John_24.pdf.
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Quinn, Simon R. "Bank credit and legal status in Moroccan manufacturing." Thesis, University of Oxford, 2010. http://ora.ox.ac.uk/objects/uuid:999e2006-bd8e-4902-9bd9-3c0d08f41e46.
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Moroccan manufacturing firms generally choose to incorporate under one of two legal forms: ‘Société Anonyme’ (SA) and ‘Société À Responsibilité Limitée’ (SARL). This thesis is about that choice and its consequence for firms’ access to bank overdraft facilities. In 2001, Morocco made a radical change to its company law regime: it replaced a company law dating from 19th-century France with modern standards of corporate governance and accountability. In Chapter One, I use the two-period FACS/ICA panel to analyse that reform and to evaluate its impact upon manufacturing firms’ access to bank credit. I find that the reform induced a substantial share of SA firms to switch to SARL, and that — relative to firms remaining in the SA status — this caused a significant and substantial withdrawal of bank overdraft facilities. In Chapter Two, I develop a theoretical model in which an agent signals its continuous type by using a variable that may take one of only two values (a ‘binary signal’); this is intended to represent a firm’s choice of legal status. I show that this binary signal provides only ‘coarse information’, and I consider the consequences of this coarseness; I solve for equilibrium conditions and I consider both the role of a principal’s risk aversion and the role of other observable agent characteristics (‘indices’). Chapter Three uses the results of Chapter Two to develop a new structural methodology for the separate identification of information and incentive effects. I apply the method to the data used in Chapter One, on the subset of firms having an overdraft facility in both survey periods (approximately two-thirds of the total sample). I find that, among that limited sample, there is no relevant information asymmetry. I estimate the potential welfare loss and conclude that, in the 95% confidence region of potential information effects and incentive effects, the maximum median welfare loss from information asymmetry is equivalent to approximately only 3% of the median bank overdraft limit. For the sample of firms having an overdraft facility in both survey periods, this challenges the common narrative that information asymmetry is an important reason for bank credit market failure.
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Lam, Chi-wai Michael, and 林智偉. "Domestic and Cohabitation Relationships Violence Ordinance: a piece of work in progress or the ultimatesolution for gay victims?" Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2012. http://hub.hku.hk/bib/B5053421X.
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1 January 2010 was a milestone for the survivors and victims of same-sex domestic violence in Hong Kong. After a hard fought legislative battle, the Domestic and Cohabitation Relationships Violence Ordinance (DCRVO) was extended to cover cohabitation relationships irrespective of sexual orientation.
With the inclusion of same-sex cohabitants in the legislation, gay survivors are provided the same legal protection as different sex couples. It is believed that equality has been achieved for gay victims, in theory at least. Indeed, the topic of same-sex domestic violence seemed to vanish from the public sphere as soon as the Ordinance was enacted. Nevertheless, considering the cultural and social obstacles experienced by gay victims of domestic violence, e.g. social perception of homosexuality and the fear of being ‘outed’ by reporting the incidents, coupled with a lack of supplementary support services available to people with alternative sexual orientations, it is uncertain how effective this amendment will be to Hong Kong sexual minorities in practice. Therefore, the primary research question for this thesis is to what extent the DCRVO is effective in protecting in practice.
This research question will be answered by a combination of qualitative and quantitative empirical research methods. This paper focuses on three areas particularly - the awareness amongst the gay community in Hong Kong of the legislation; the availability of same-sex domestic violence support services; and the subsequent complementary policies provided by the government. This study argues that without adequate complementary policies, the DCRVO will always remain to be a piece of work in progress, and not the ultimate solution for gay victims in Hong Kong.published_or_final_version
Law
Master
Master of Philosophy
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Davidsson, Louise, and Sara Thulin. "The Legal Status of Domain Names : A Business Context." Thesis, Jönköping University, JIBS, Commercial Law, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-1089.
Full textAbstract:
Domain names are still a relatively unknown occurrence and despite being a natural part in
most people’s every-day life, there are few who reflect over their importance. The original
function of domain names was merely to serve as technical addresses and to facilitate the
locating of websites on the Internet. Today domain names are much more than this. In
addition to the address function, domain names may also serve as indications of goods,
services, businesses or information. The domain name is usually the first contact one gets
with a website and it has become crucial for businesses to have their company name or
trade marks registered as domain names. The issue of the legal status of domain names has
mainly been discussed from an American point of view and in Sweden this discussion has
almost entirely fallen under the radar. If the legal status of a domain name were clear, it
would be easier for businesses to avail themselves of the value of that domain name. It
would possibly even contribute to strengthening the legal protection for the domain name
holder, in for example insolvency or bankruptcy procedures.
Intellectual property exists in many different forms, the main being patents, trade marks,
copyright and design rights. Although there are many differences between them, they all
have in common that they establish property protection over intangibles such as ideas,
inventions, signs and information. As a domain name is not a physical object, there can be
no doubt that it is an intangible. The question is whether it is property. Intellectual
property is not a static area and it can, in line with societal and technological development,
be expanded to include new types.
The legal status of domain names is generally discussed in the light of the close connection
they have with trade marks. Except from their original function, the trade mark function of
domain names can probably be considered as one of the most commonly accepted. It is
indicated in this thesis that that function contributes to that a domain name can be
considered as a distinctive sign and thereby obtain protection, in the same way as an
unregistered trade mark.
According to current accounting rules, businesses may, to some extent, avail themselves of
the value of a domain name. Domain names are under certain circumstances identified as
intangible assets and even as ‘similar rights’ to for example trade marks and patents in
accounting and taxation situations.
At this time it is not possible to legislate on the area of the legal status of a domain name
on a Community level, as this most likely would have to include a consideration of the
existence of property rights and consequently fall outside the legislative powers of the
Community.
Both the legal development and the legal discussions on the topic of the legal status of
domain names in Sweden have been relatively sparse. Nonetheless, there have been some
interesting opinions.
By investigating what positions the different authorities, academics and practitioners have
taken on the legal status of domain names it can be concluded that the prevailing opinion
in Sweden is that domain names are not considered as property. The reason for this seems
to be that domain names as such, are in fact no more than technical constructions and that
by registering a domain name the registrant only becomes the holder of a contractual right.
However, there are some diverging opinions which could suggest that the legal status of
domain names in Sweden is not yet settled. The aspects which are then taken into
consideration include that domain names have developed to become important and
valuable assets for an increasing number of businesses. A domain name is a precondition
for the creation of a website and therefore of crucial importance for, in particular, online
based businesses. However, they are of increasing importance for all businesses to reach
out to and compete over the same customers.
It is advocated that the fact that domain names are freely traded with indicates that domain
names are property. It has also been questioned whether an asset with a true economic
value, such as a domain name, can exist without being considered as an item of property.
The steps taken in other jurisdictions have shown that the legal status of domain names is
not even clear in some of the countries with the greatest experience of domain names.
Nonetheless, the legal status is given attention in those countries and the discussion has
been initiated. In general, it can be concluded that the development seems to go toward
higher awareness of the value of domain names.
36
Sorge, Keith M. "Legal implications of United States ballistic missile defense systems." Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=23967.
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Following the extensive use of ballistic missiles in the 1991 Persian Gulf War, there has been a renewed emphasis within the United States to develop and deploy anti-ballistic missile defenses.This thesis examines whether the current ballistic missile defense programs of the United States comply with the limitations imposed by the 1972 Anti-Ballistic Missile Treaty between the Soviet Union and the United States.
The thesis begins with a review of the development of ballistic missiles and the systems designed to defend against them. Next an analysis of the ABM Treaty is offered, including its differing interpretations. The Treaty's legal restrictions are then applied to current ABM defensive systems in various stages of research and development. The thesis concludes with an examination of the various lawful possibilities to modify the restrictive provision of the Treaty.
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Chapdelaine, Feliciati Clara. "The status of the girl child under international law : a semioethic analysis." Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:811e3c7a-40a8-4d1f-a790-7842eb1b8d0c.
Full textAbstract:
This thesis engages in a semioethic analysis of the English text of international human rights treaties to assess whether the provisions as formulated clearly identify the girl child and take into account her unique condition. Its hypothesis is that the terminology employed to define the girl child and phrase her rights is insufficient to ensure her protection. The thesis firstly explores the unique status of the girl child as a female and a child, and the obstacles she faces in exercising her rights as a result of sexism, childism, and interactive intersectional discrimination. It also presents the semiotics theory, the Meaning Triad developed by Victoria Lady Welby, which allows for an analysis of the sense, meaning and significance of terminology, and the semioethic approach, which studies the import of signs for the purpose of improving the human condition. The thesis explains how intersectionality theory and semioethics shall be applied as methodologies to examine the content of international treaties as concerns the girl child. Secondly, the thesis explores the status of the girl child under international law. It examines the gradual recognition of the girl child in the international legal apparatus and the definition of the girl child in international law and the English language. Thirdly, the thesis analyses the right to life of the girl child as a case study to investigate whether its formulation under international law sufficiently tackles three key violations experienced by girl children: prenatal sex selection, female infanticide, and feminicide of adolescent girls. The thesis focuses on the two main treaties pertaining to the girl child, the CRC and the CEDAW, and a central treaty protecting the right to life, the ICCPR. At the end of each chapter, recommendations are provided, where applicable, to modify the wording of relevant provisions in order to strengthen the protection of the girl child.
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Dube, Misheck. "Widowhood and property inheritance in Zimbabwe: experiences of widows in Sikalenge ward, Binga District." Thesis, University of Fort Hare, 2008. http://hdl.handle.net/10353/200.
Full textAbstract:
Zimbabwean widows need to inherit property when their husbands die. Property, be it material or financial in nature, is a source of sustenance and wealth. Depriving women of property inheritance rights has untold consequences. This study focuses on the property inheritance rights of widows in Zimbabwe in the Sikalenge Ward of Binga District. The aim of the study is to understand how property grabbing affects widows and to find possible solutions and intervention strategies social workers may use. The literature reviewed in the study was drawn from both the legal field and social work to create a link between the fields. The study was shaped by radical feminism for conceptualising property grabbing while the formulated intervention strategies utilised the empowerment model. The study is qualitative in nature using interviews to collect data from ten widows and five social service providers who constitute the total of fifteen participants in the study. Data was analysed qualitatively using interpretive approaches and presentation is textual rather than statistical. The main finding of the study is that widows are still being denied their inheritance rights despite the provision of such rights by the Intestate Succession Laws promulgated in November 1997 by the government of Zimbabwe. Moreover, the widows are not aware of the inheritance laws of Zimbabwe and hence did not seek any professional intervention. The few who attempted the legal process for recourse were not successful. Even though it was minimally attempted, the study established that the main form of failed intervention tried by the women was legal in nature and suggests and emphasises an eminent need for Social Work intervention to supplement legal intervention.
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Porwancher, Andrew. "American legal thought and the law of evidence, 1904-1940." Thesis, University of Cambridge, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.609802.
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Werling, Mark. "Knowledge of Indiana school law possessed by Indiana public secondary school teachers." Virtual Press, 1985. http://liblink.bsu.edu/uhtbin/catkey/458831.
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The purpose of the study was to assess the general knowledge of Indiana school law possessed by Indiana public secondary school teachers. The population consisted of three hundred and thirty randomly selected Indiana public secondary school teachers.A researcher developed assessment instrument comprised of thirty items from Indiana school law in the areas of teacher tenure, pupil control, and tort liability was utilized. One statistical hypothesis and six statistical subhypotheses were analyzed with a Z test. The five percent level of significance was established as the probability level for non-acceptance of the hypothesis and subhypotheses.Conclusions1. The percentage of Indiana public secondary school teachers who possess a fair or better level of knowledge of pupil control, and tort liability is likely between seven and fifteen.2. There is no significant difference in the level of knowledge of Indiana school law possessed by Indiana public Indiana school law in the combined areas of teacher tenure, secondary school teachers when grouped according to years of teaching experience, location of their teacher education training, and inclusion of instructional units on school law in their teacher education training.3. The percentage of Indiana public secondary teachers who possess a fair or better level of knowledge of Indiana school law in the area of teacher tenure is likely between four and twelve.4. The percentage of Indiana public secondary school teachers who possess a fair or better level of knowledge of Indiana school law in the area of pupil control is likely between twenty-two and thirty-four.5. The percentage of Indiana public secondary school teachers who possess a fair or better level of knowledge of Indiana school law in the area of tort liability is likely between seventeen and twenty-seven.
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au, Ahunter@echidna id, and Ann Patricia Hunter. "A different kind of subject: Aboriginal legal status and colonial law in Western Australia, 1829 -1861." Murdoch University, 2007. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20070427.125700.
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A different kind of subject: Aboriginal legal status and colonial law
in Western Australia, 1829-1861.
This thesis is an examination of the nature and application of the policy regarding the
legal status and rights of Aboriginal people in Western Australia from 1829 to 1861. It
describes the extent of the debates and the role of British law that arose after conflict
between Aboriginal people and settlers in the context of political and economic contests
between settlers and government on land issues. While the British government
continually maintained that the legal basis for annexation was settlement, by the mid
1830s Stirling regarded it as an invasion, but was neither prepared to accept that
Aboriginal people had to consent to the imposition of British law upon them, nor to
formally recognise their rights as the original owners of the land. Instead, Stirlings
government applied an archaic form of outlawry to Aboriginal people who resisted the
invasion. This was despite proposals for agreements in the 1830s.
During the early 1840s there was a temporary legal pluralism in Western Australia
where Indigenous laws were officially recognised. However, by the mid 1840s the
administration of British law in Western Australia was increasingly dictated by settler
interests and mounting settler-magistrate pressure to modify the legal position of
Aboriginal people which resulted in the development of colonial law to construct a
landless subject status with minimal rights based on their value as a useful labour force
for the pastoral economy. This separate legal status deliberately departed from
equality principles and corresponded with the diminished status of Indigenous laws
and the abandonment of legal pluralism in settled districts, during a period of rapid
pastoral expansion in the 1850s. This entrenched discriminatory practice in colonial law
would be the prelude to the protectionist and discriminatory legislation of the early
twentieth century which formalised inequality of legal status.
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Radijeng, Godfrey Olebogeng. "Customary law and gender equality : the legal status of women in Botswana." Thesis, University of Oxford, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.404025.
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Al-Ghazawi, Loai Azmi. "The legal status of Jerusalem in Islamic Fiqh (jurisprudence) and international law." Thesis, Glasgow Caledonian University, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.340613.
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Mayer, Peter W. "Extra-legal factors in the American legal system." Oberlin College Honors Theses / OhioLINK, 1986. http://rave.ohiolink.edu/etdc/view?acc_num=oberlin1316113331.
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Watt, Ilze Jr. "The consequences of contracts concluded by unassisted minors : a comparative evaluation." Thesis, Stellenbosch : Stellenbosch University, 2012. http://hdl.handle.net/10019.1/71723.
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Thesis (LLM)--Stellenbosch University, 2012.Includes bibliography
ENGLISH ABSTRACT: It is a general principle of the law of South Africa that an unassisted contract of a minor is unenforceable against the minor. Although it binds the other party, the minor is not bound. The minor will only be bound if the contract is enforced by his guardian, or if the contract is ratified by the child after attaining majority. This implies that the other party is in a rather unfortunate position, since the effectiveness of the contract will remain uncertain until the guardian of the minor decides to enforce or repudiate the contract, or until the minor ratifies it after attaining majority. The other party may not resile from the contract during this interim period. Should it be established that the contract has failed, the question arises to what extent the parties are obliged to return performances made in purported fulfilment of the contract. In terms of the law of South Africa, the prevailing view is that these claims are based on unjustified enrichment. However, the extent of these claims differs. In principle, both parties’ liability will be limited to the amount remaining in its estate, according to the defence of loss of enrichment. But the application of the defence is subject to an exception that does not apply equally to the parties. Had the other party known or should the other party have known that the enrichment was sine causa, yet continued to part with it, he will be held liable for the full enrichment. However, this exception does not apply to the enrichment liability of minors. In other words, whether the minor knew or should have known that the enrichment was sine causa, he would still be allowed to raise the defence of loss of enrichment. Furthermore, the rules applicable to minors’ enrichment liability applies to all minors, and no scope is left to consider the specific circumstances of each minor. It is accepted that there are two competing principles relating to minors’ unassisted contracts. On the one hand, the law must protect the minor from his immaturity and lack of experience. On the other hand, the law must protect the interests of the other party. It will be seen throughout this study that the determination of how to balance these competing principles is not an easy task. The key aim of this thesis is to investigate the principles governing the unwinding of unassisted minors’ contracts in South Africa. A comparison will be made with the principles applied in other legal systems, in order to identify similarities and differences in the approaches and, to establish what underlies the differences in the various approaches. Germany, England and Scotland have been chosen for comparison for various reasons. First, they share some historical roots, and they represent three major legal traditions, namely the civil law, common law and mixed legal systems, of which South Africa also forms part. Secondly, both England and Scotland have experienced recent legislative reform in this regard, which implies that their respective legal systems should be in line with modern tendencies, and consequently they may provide a valuable framework for possible reform in South Africa. In Germany, although mainly regulated by rather older legislation, there have been interesting developments in the determination of consequences of failed contracts. Hellwege has argued that the unwinding of all contracts should be treated similarly, regardless of the unwinding factor. He has also suggested that in order to prevent the accumulation of risk on one party, and to ensure that the risk is placed on the person who is in control of the object, the defence of loss of enrichment should not be available to any party. His reasoning and suggestions is dealt with in more detail in this thesis. This study argues that the current strict approach applied under South African law regarding minors’ unassisted contracts needs to be re-considered. The current approach is dated and is not in line with modern tendencies and legislation. No proper consideration is given to minors’ development into adulthood or personal circumstances of the parties. It is submitted that in the process of re-consideration, some form of acknowledgement must be given to minors’ development towards mature adults. It is submitted that this would be possible by introducing a more flexible approach to regulate the enforceability and unwinding of minors’ unassisted contracts.
AFRIKAANSE OPSOMMING Dit is ‘n algemene beginsel van die Suid-Afrikaanse reg dat ‘n kontrak aangegaan deur ‘n minderjarige sonder die nodige bystand van sy ouer of voog onafdwingbaar is teenoor die minderjarige. Die minderjarige sal slegs gebonde wees indien die kontrak afgedwing word deur sy voog, of indien die minderjarige self die kontrak ratifiseer nadat hy meerderjarig word. Dit impliseer dat die ander party in ‘n ongunstige posisie is, aangesien die werking van die kontrak onseker is totdat die voog besluit om die kontrak af te dwing of te repudieer, of totdat die minderjarige dit ratifiseer nadat hy meerderjarig word. Gedurende hierdie interim periode mag die ander party nie terugtree uit hierdie kontrak nie. Sou dit bepaal word dat die kontrak misluk het, ontstaan die vraag tot watter mate die partye verplig word om prestasies wat reeds gemaak is, terug te gee. In terme van die Suid-Afrikaanse reg is die meerderheidsopinie dat hierdie eise gebaseer is op onregverdige verryking, maar die omvang van die partye se eise verskil. In beginsel is beide partye se aanspreeklikheid beperk tot die bedrag wat steeds in sy boedel beskikbaar is, weens die beskikbaarheid van die verweer van verlies van verryking. Maar die toepassing van die verweer is onderworpe aan ‘n uitsondering wat nie op beide partye geld nie. Indien die ander party geweet het of moes geweet het dat die verryking sine causa was, maar steeds afstand gedoen het van die verryking, sal hy aanspreeklik gehou word vir die volle verryking. Hierdie reel is egter nie van toepassing op die minderjarige se verrykingsaanspreeklikheid nie. Met ander woorde, indien die minderjarige geweet het of moes geweet het dat die verryking sine causa was, en steeds afstand gedoen het van die verryking, sal hy steeds die verweer van verlies van verryking kan opper. Bowendien, die reels van toepassing op minderjariges se verrykingsaanspreeklikheid is van toepassing op alle minderjariges, en geen ruimte word gelaat om die spesifieke omstandighede van elke minderjarige in ag te neem nie. Wanneer ons kontrakte aangegaan deur minderjariges sonder die nodige bystand, oorweeg, word dit algemeen aanvaar dat daar twee kompeterende beginsels van belang is. Aan die een kant moet die reg die minderjarige beskerm teen sy onvolwassenheid en gebrek aan ondervinding. Aan die ander kant moet die reg ook die belange van die ander party beskerm. Dit sal deurlopend in hierdie studie gesien word dat die behoorlike balansering van hierdie twee beginsels nie ‘n maklike taak is nie. Die hoofdoel van hierdie tesis is om die beginsels wat die afdwingbaarheid en ontbinding van minderjariges se kontrakte in Suid-Afrika, wat aangegaan is sonder die nodige bystand van ‘n voog, te ondersoek. ‘n Vergelyking sal getref word met die beginsels wat in ander regstelsels toegepas word, om sodoende die ooreenkomste en verskille te identifiseer, asook om te bepaal wat hierdie verskille onderlê. Duitsland, Engeland en Skotland is gekies as vergelykende jurisdiksies vir verskeie redes, naamlik hulle historiese gebondenheid en die feit dat hulle drie groot regstradisies (die kontinentale regstelsel, die gemenereg en die gemengde regstelsel) verteenwoordig. Bowendien het beide Engeland en Skotland onlangse wetgewende hervorming ondergaan in hierdie sfeer van die reg, wat impliseer dat hierdie regstelsels waarskynlik in lyn sal wees met moderne tendense. Gevolglik kan hulle ‘n waardevolle raamwerk skep waarbinne moontlike hervorming in Suid-Afrika mag plaasvind. Alhoewel Duitsland grotendeels nog deur ouer wetgewing gereguleer word, het dit ook ‘n reeks interessante verwikkelinge ondergaan in die bepaling van die gevolge van kontrakte wat misluk het. Hellwege argumenteer dat die ontbinding van alle kontrakte dieselfde hanteer moet word, ongeag die onderliggende ontbindende faktor. Hy stel ook voor dat om te verhoed dat die risiko op slegs een party geplaas word, en om te verseker dat dit eerder gedra word deur daardie party wat beheer het oor die voorwerp, die verweer van verlies van verryking nie vir enige party beskikbaar moet wees nie. Sy redenering en voorstelle word in meer besonderhede in hierdie studie bespreek. Hierdie studie argumenteer dat die huidige streng benadering wat in Suid-Afrika toegepas word met betrekking tot kontrakte aangegaan deur minderjariges sonder die nodige bystand van ‘n voog, heroorweeg moet word. Die huidige benadering is verouderd en is nie lyn met moderne tendense en wetgewing nie. Bowendien word geen behoorlike oorweging gegee aan minderjariges se ontwikkeling tot volwassenheid nie, en die partye se persoonlike omstandighede word ook nie in ag geneem nie. Daar word argumenteer dat in die proses van heroorweging, ‘n mate van erkenning gegee moet word aan minderjariges se persoonlike ontwikkeling. Daar word verder argumenteer dat ‘n meer buigsame benadering toegepas moet word ten opsigte van die regulering van die afdwingbaarheid en ontbinding van hierdie kontrakte.
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Stepkova, Veronika. "Production of legal status among Hong Kong-based domestic workers from Bangladesh." HKBU Institutional Repository, 2018. https://repository.hkbu.edu.hk/etd_oa/516.
Full textAbstract:
This thesis explores the production of Bangladeshi domestic workers' legal status in Hong Kong. Bangladeshi domestic workers started entering Hong Kong in 2013 and they were expected to gradually become one of the major national groups of domestic workers. But within the first two years, 50 to 60% of them left formal employment. In the migration industry, that phenomenon was referred to as the "runaway crisis". While the runaway crisis took place between 2013 and 2015, some Bangladeshi domestic workers still run away. I would like to reflect upon the migration experiences of Bangladeshi women recruited by two employment agencies and one small association of employment agencies and identify forces impacting their decision-making over their legal status. In doing that, I build upon feminist geography of domestic work and migration studies, Foucault's work on governmentality and Ahmed's affective economies which I extend by elaborating on her understanding of lovability with which I engage to argue for a performative view of legality. The main methodology of the research is feminist ethnography where data were collected during 2-year long field work in Bangladeshi training centers and Hong Kong agencies. The research suggests that domestic workers' legal status is produced in a multi-layered process which includes social structures and power dynamics and affects in migration industry institutions.
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Labman, Shauna. "The invisibles : an examination of refugee resettlement." Thesis, University of British Columbia, 2007. http://hdl.handle.net/2429/33004.
Full textAbstract:
Resettlement is one of three durable solutions, which the United Nations High Commissioner for Refugees (UNHCR) uses to achieve refugee rotection. Refugees are assumed to locally integrate, voluntarily repatriate or resettle. Too many of the world's refugees, however, are left to linger in non-durable conditions in countries of first asylum that are often only minimally safer than the countries they have fled. Where neither local integration nor repatriation is possible, resettlement is the only option. Resettlement
requires a third country to be willing to accept refugees into its territory. While signatory
states to the 1951 Convention relating to the Status of Refugees (1951 Convention) are obliged not to refoule asylum seekers at their borders, they have not committed to accept refugees for resettlement.
By geographic distance, presumptions of safety, and a lack of legal obligations, those refugees who fail to make it to the frontiers of safe states are simply not seen. These refugees remain so far removed in a vague, far-off realm that they are rendered invisible. Their invisibility is reflected in the 1951 Convention's silence on obligations to them, the dearth of academic examination of resettlement, and media and government attention only in the celebratory act of making a small number of such refugees visible and legal, through the act of bringing them within a protective state's borders. Despite their
invisibility, the protection needs of those refugees left outside the borders of safe states
remains.
The goals of this thesis are therefore to create visibility and increase resettlement. Resettlement is examined from its theoretical motivations, historical origins, current manipulations, and future possibilities - both generally and through an examination of the Canadian scheme. The thesis closes with recommendations for resettlement reform. They are targeted at UNHCR, the international community, national governments, and
Canada in particular. For resettlement to offer a fair mode of protection a comprehensive and global model of resettlement must be designed and, ultimately, implemented.Law, Peter A. Allard School of
Graduate
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Kassan, Daksha Gaman. "How can the voice of the child be adequately heard in family law proceedings." Thesis, University of the Western Cape, 2004. http://etd.uwc.ac.za/index.php?module=etd&.
Full textAbstract:
Child participation and the right of children to be heard in matters that directly affect them, including in judicial and administrative matters, is a right that is entrenched in a number of international and regional instruments. This right is also entrenched in the South African Constitution that provides for children to be legally represented, at State expense, in civil proceedings affecting them and this includes divorce proceedings. However, this constitutional right is limited to those circumstances where a substantial injustice would otherwise result should such legal representation not be afforded. This thesis examined how the voices of children can be heard during divorce proceedings and makes recommendations as to when children involved in divorce proceedings should be granted legal representation at State expense.
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Kayser, Valérie. "Legal aspects of private launch services in the United States." Thesis, McGill University, 1991. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=60462.
Full textAbstract:
The last decade has witnessed the development of a private launch industry. Under international space law, in particular the Outer Space Treaty of 1967, States shall supervise and authorize the activities of their nationals, including private launch companies, in Outer Space. In the United States, a substantial set of regulations has been elaborated to exercise this control over the activities of the private launch industry. This thesis analyzes, in a first chapter, the evolution which led to these regulations. The Commercial Space Launch Act of 1984 and the subsequent regulations issued by the Office of Commercial Space Transportation, regarding the licensing process are dealt with in the second chapter. The third chapter examines the most important practical legal issue relating to private launch services, namely liability and insurance.
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Cherland, Kelsey. "The Development Of Personal Status Law In Jordan & Iraq." Scholarship @ Claremont, 2014. http://scholarship.claremont.edu/cmc_theses/865.
Full textAbstract:
This thesis explores the historical development of personal status law, which governs a person’s marriage, divorce, and custody rights. It is significant because it is part of a framework that has defined women’s rights for centuries. I will argue that personal status law is a patriarchal framework that has been reinforced over time, leading up to the creation of nation-states in the Middle East. As such, this is the “institution” of personal status that will be traced using historical institutionalism theory. In this thesis I will argue that personal status has undergone a critical juncture, or crucial moment of potential to change, in both Jordan and Iraq’s founding, and that this has consequentially affected personal status law development and responses to the women’s movement throughout the 20th century in both countries. This thesis briefly reviews the role of women’s rights and the development of law in pre-Islam era, Islam and the Qur’an, and the Ottoman Empire in order to describe the institution of personal status law. Next, I review the history of Jordan and then Iraq and identify the critical juncture of personal status in historical context. In each chapter I will also explore the matter of de facto, or what women’s rights are like in practice, as an example of the institution at work in the patriarchal protection paradox.