Relevant bibliographies by topics / Namibia. Law Reform and Development Commission

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Academic literature on the topic 'Namibia. Law Reform and Development Commission'

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Published: 4 June 2021
Last updated: 16 February 2022

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Journal articles on the topic "Namibia. Law Reform and Development Commission"

1

Feldman, David, and Mark Gould. "Legalism and English Administrative Law: Comment on Sterett." Law & Social Inquiry 17, no. 01 (1992): 89–100. http://dx.doi.org/10.1111/j.1747-4469.1992.tb00932.x.

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In a recent issue of this journal (Volume 15, Number 4, Fall 1990), Susan Sterett examined the role of the Law Commission in the development of English administrative law. She suggested that the Commission mimicked a “peak association” and adopted an “idiom of legalism” in order to justify its reform proposals. This comment disagrees with Sterett on three grounds. First, the role and constitutional position of the Commission is far more complex than Sterett suggests, and this affects the way in which the Commission works. Second, judges and academic lawyers were central to the reform of substantive principles of judicial review in the 1960s and 1970s, making it unnecessary for the Law Commission to act in this field. Finally, it is wrong to ignore the fact that much administrative law occurs outside the judicial review procedure.
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Richardson, Ivor LM. "Anthony Angelo and Law Reform in Mauritius." Victoria University of Wellington Law Review 39, no. 4 (December 1, 2008): 547. http://dx.doi.org/10.26686/vuwlr.v39i4.5477.

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The author, former Professor and Dean of Law at Victoria University of Wellington and President of the Court of Appeal, discusses his experience working a law reform project in Mauritius with Professor Tony Angelo. As the author has experience in income tax reform, the article focuses on Professor Angelo's legislative drafting and policy development in relation to income tax law. Professor Angelo is described as a "one man Law Reform Commission" regarding his role in Mauritius, and discusses the importance of rules relating to technical interpretation and accessibility.
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Mufune, P. "Land Reform Management in Namibia, South Africa and Zimbabwe." International Journal of Rural Management 6, no. 1 (April 2010): 1–31. http://dx.doi.org/10.1177/097300521100600101.

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Arden, Dame Mary. "Time for an English Commercial Code?" Cambridge Law Journal 56, no. 3 (November 1997): 516–36. http://dx.doi.org/10.1017/s0008197300098561.

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Parliament has imposed on the Law Commission the duty to review the law of England and Wales “with a view to its systematic development and reform, including in particular the codification of [the] law … and generally the simplification and modernisation of the law”. There are a number of points which flow from this. First, as a body which reviews great swathes of the common law to see if they require to be modernised or simplified, the Law Commission has a unique standpoint from which to view the strengths and weaknesses of the common law method. Second, it has unique experience of law reform and the Parliamentary process. Third, in discharge of its functions, it has an interest in seeing that, if codification is appropriate, a recommendation to that effect is made to the Lord Chancellor. It need not be the Law Commission which carries out the recommendation, and indeed the Law Commission could not carry out a project purely of its own initiative.
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Buckley, R. A. "Illegal transactions: chaos or discretion?" Legal Studies 20, no. 2 (June 2000): 155–80. http://dx.doi.org/10.1111/j.1748-121x.2000.tb00138.x.

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The provisional proposals of the Law Commission for reform of the law relating to illegal transactions are examined in relation to proposals for reform of the same area of the law in other Commonwealth jurisdictions. The working in practice of the New Zealand Illegal Contracts Act 1970 is considered, and judicial development of the law in Canada and Australia is contrasted with the reluctance of the judiciary in England to embark upon systematic reform. The conclusion is reached that there is a proven need for a move away from rigidity and literalism towards a legitimated judicial discretion enabling the great variety of factors in illegality cases to be weighed. Furthermore, the artificial and arbitrary notion of ‘reliance’ upon illegality should be abrogated. Only statutory reform of the law along the lines provisionally proposed by the Law Commission is capable of bringing about these changes in England.
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Wade, Clare. "Prevention of Harm—Legislative Strategies for Law Reform." Journal of Criminal Law 72, no. 3 (June 2008): 236–50. http://dx.doi.org/10.1350/jcla.2008.72.3.500.

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This article looks at the development of preventative civil measures with criminal sanctions and the ways in which they are influencing criminal law. It argues that serious crime prevention orders in Part 1 of the Serious Crime Act 2007 are a part of this trend and further, that they undermine traditional notions of due process. The provisions of Part 1 of the Serious Crime Act 2007 are contrasted with Part 2 of the Act. The article also argues that the new inchoate offence of encouraging and assisting crime and the Law Commission proposals for conspiracy will provide sufficient measures against future harm therefore obviating the need for civil preventative orders.
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Heyns, Piet. "Water institutional reforms in Namibia." Water Policy 7, no. 1 (February 1, 2005): 89–106. http://dx.doi.org/10.2166/wp.2005.0006.

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After years of colonial rule and a long struggle to end external administration, Namibia became independent in 1990. The realization of political reform within a modern democratic framework has called for wide-ranging reforms in all sectors of the economy to which the water sector is not an exception. Institutional reforms in the water sector were undertaken with an overall aim of introducing integrated water resources management as a durable solution to the water challenges of the arid environment prevailing in Namibia. The reforms included the development of a new national water policy, the preparation of draft legislation, and new organizational changes to develop, manage and regulate activities in the water sector. Although institutional reforms in the water sector are necessary to meet the demands of a new nation, they cannot succeed without the required level of skill and capacity both within and outside water administration. While it is relatively easier to formulate new policies, promulgate legislation and create new organizations, it is very difficult for an emerging country to develop quickly the human capacity necessary to handle the reforms, especially when inadequate funding constraints create a conflict between resource development and capacity building.
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MacQueen, Hector L. "Remedies for Breach of Contract: The Future Development of Scots Law in its European and International Context." Edinburgh Law Review 1, no. 2 (January 1997): 200–226. http://dx.doi.org/10.3366/elr.1997.1.2.200.

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This paper,first presented on 21 October 1995 at ajoint seminar ofthe Scottish Law Commission and the Faculty of Law, University of Edinburgh, on the subject of breach of contract, considers the future development of the law in this area, first by considering its history and current state in comparative terms and drawing the conclusion that it is characterised by a mixture of Civilian and Common Law elements; second, by comparing Scots law with the provisions on breach contained in recently published proposals for a harmonised law of contract (the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law prepared by the Lando Commission, and the draft “code”for the United Kingdom prepared on behalf of the English Law Commission by Harvey McGregor in the late 1960s) and in international conventions on the sale of goods. Although Scots law emerges reasonably wellfrom this exercise, there are a number of points to be taken on board in any future reform, as well as some insights into important underlying principles.
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White, Benjamin Thomas. "Addressing the State: The Syrian ʿUlamaʾ Protest Personal Status Law Reform, 1939." International Journal of Middle East Studies 42, no. 1 (January 14, 2010): 10–12. http://dx.doi.org/10.1017/s0020743809990572.

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In February 1939, the Syrian government received two documents from ʿulamaʾ protesting two decrees of the French High Commission that were intended to reform personal status law in Syria: decree 60/L.R. of 13 March 1936 and decree 146/L.R. of 18 November 1938. The first was a petition signed by Muslims from Homs to the Syrian prime minister (pictured); the second was a letter from the Damascus Association of ʿUlamaʾ to the Syrian interior minister.
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Brereton, David. "‘Real Rape’, Law Reform and The Role of Research: The Evolution of the Victorian Crimes (Rape) Act 1991." Australian & New Zealand Journal of Criminology 27, no. 1 (June 1994): 74–94. http://dx.doi.org/10.1177/000486589402700110.

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This paper provides a brief history of the Victorian Crimes (Rape) Act 1991 and examines the role which social science research played in the development of this legislation. The Crimes (Rape) Act was modelled closely on a report of the Law Reform Commission of Victoria. In preparing this report, the Commission undertook a comprehensive quantitative study of rape prosecutions in Victoria, as well as drawing on empirical studies from other jurisdictions. The paper concludes that the impact of the research on the development of the legislation was limited by a number of factors: the decision-making process was relatively unstructured, involved a large number of players, was highly politicised, and had a high symbolic content. However, the collection and dissemination of reliable data did take some of the heat and hyperbole out of the debate, and thereby facilitated a more constructive dialogue. This factor alone made the research worthwhile, given that the rape law reform had in the past been a highly divisive issue in Victoria.
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Dissertations / Theses on the topic "Namibia. Law Reform and Development Commission"

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Weyulu, Victoria. "The Reform of Namibia’s Cross-Border Insolvency Framework." Thesis, University of the Western Cape, 2015. http://hdl.handle.net/11394/4773.

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Magister Legum - LLM
This paper argues that there is a need for an improved cross-border insolvency regime as the common law principles applied in Namibia are outdated and thus ill-equipped to deal with present-day complex issues of cross-border insolvency. The lack of literature on issues of crossborder insolvency belies the importance of cross-border insolvency in African developing countries like Namibia who seek to encourage trade and investment in the hope of achieving economic development. In the final section of chapter one, the paper will consider the Model Law as the basis needed to develop clear, fair and predictable rules to effectively deal with the various aspects of cross-border insolvencies in Namibia.
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Muadinohamba, Jeremia Lucas. "Accident compensation reform : the case of the motor vehicle accident fund of Namibia." Thesis, Stellenbosch : Stellenbosch University, 2006. http://hdl.handle.net/10019.1/49204.

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Thesis (MDF)--Stellenbosch University, 2006.
ENGLISH ABSTRACT: In Southern Africa only five countries administer a fuel levy funded motor vehicle accident compensation system. These are South Africa, Namibia, Swaziland, Botswana and Lesotho. These accident compensation systems are administered by statutory bodies established through the respective Act of Parliaments, with the exception of Lesotho, which is outsourced to a private insurance agency for administration purposes. The enabling legislation prescribes the compensation of accident victims, where the cause of accident is due to the negligent or fault of the driver or owner of the vehicle. Over the years, the administration of these Funds have proven to be a significant challenge in respect of their enabling legislations, inadequate funding levels to meet liabilities as prescribed by the respective legislation and poor public governance of the institutions. The study reviews the Namibian MVA Fund's efforts to reform the compensation scheme in the context of an overall public management reform and social policy. The study presents the historical overview of the accident compensation regime and how that has influenced the current thinking and application of compensation policy in the Southern African region. The study emphasised the quest of the Funds to become financially viable, thus being able to meet present and future liabilities as and when they accrue to the respective Funds. Thus it presents new thinking and knowledge on alternative revenue sources that could be further explored to enhance financial viability and broadening the scope of coverage of the compensations scheme.
AFRIKAANSE OPSOMMING: In Suidelike Afrika gebruik slegs vyf lande 'n stelsel vir die vergoeding van motorvoertuigongelukke wat deur 'n brandstof heffing befonds word. Hierdie lande is Suid Afrika, Namibie, Swaziland, Botswana en Lesotho. Hierdie ongeluksvergoedingstelsel word ge-administreer deur statutere liggame daargestel deur die onderskeie wetgewing van Parlemente, met uitsondering van Lesotho, wat die funksie uitgekontrakteur het aan 'n private versekeringsmaatskapy vir adminstrasie doeleindes. Die betrokke wetgewing skryf die vergoeding van ongelukslagoffers voor waar die oorsaak van die ongeluk deur die nalatigheid of fout van die bestuurder of eienaar van die voertuig is. Die administrasie van die onderskeie fondse oor die jare, het getoon dat 'n groot uitdaging gestel word aan hul magtigende wetgewing ten opsigte van die toereikendheid van fondse en swak beheer, soos voorgeskryf deur die betrokke wetgewing. Hierdie studie hersien die Motorvoertuigongeluksfonds van Namibie se strewe tot die hervorming van die vergoedingskema in die oorhoofse publieke bestuurshervorming en maatskaplike voorskrifte. Die studie verteenwoordig die historiese oorsig van die ongeluksvergoedingskema en die invloed daarvan op die huidige denkwyses en toepassing van vergoedingskemas in die Suider-Afrikaanse streke. Hierdie studie het die proses van die Fondse om finansieel lewensvatbaar te word beklemtoon, derhalwe om in staat te wees om die huidige en toekomstige finiansiele verantwoordelikheid soos en wanneer dit deur die onderskeie fondse toegeskryf word, na te kom. Gevolglik verteenwoordig dit nuwe denkwyses en kennis van altematiewe bronne van inkomste wat verder ondersoek kan word om finansiele lewensvaatbaarheid te verbeter en die voordele struktuur van hierdie vergoedingskemas te vergroot.
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Books on the topic "Namibia. Law Reform and Development Commission"

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Commission, Namibia Law Reform and Development. Report on activities from 1994 to 2002. Windhoek, Namibia: Republic of Namibia, Law Reform and Development Commission, 2003.

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Munalula, Christine. Report on Catholic Commission for Development Workshop on the Land Act, 1995: Held at Natural Resources Development College (NRDC), Lusaka, 14th-17th December 1998. [Lusaka]: The Commission, 1998.

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United States. Congressional-Executive Commission on China. Ownership with Chinese characteristics: Private property rights and land reform in the People's Republic of China : roundtable before the Congressional-Executive Commission on China, One Hundred Eighth Congress, first session, February 3, 2003. Washington: U.S. G.P.O., 2003.

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Production, United States Congress Senate Committee on Energy and Natural Resources Subcommittee on Mineral Resources Development and. Mining Law Reform Act of 1991 and the Minerals Policy Review Commission Act of 1991: Hearing before the Subcommittee on Mineral Resources Development and Production of the Committee on Energy and Natural Resources, United States Senate, One Hundred Second Congress, first session, on S. 433 ... S. 785 ... June 11, 1991. Washington: U.S. G.P.O., 1991.

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Production, United States Congress Senate Committee on Energy and Natural Resources Subcommittee on Mineral Resources Development and. Mining Law Reform Act of 1991 and the Minerals Policy Review Commission Act of 1991: Hearing before the Subcommittee on Mineral Resources Development and Production of the Committee on Energy and Natural Resources, United States Senate, One Hundred Second Congress, first session, on S. 433 ... S. 785 ... June 11, 1991. Washington: U.S. G.P.O., 1991.

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Massachusetts. Special Commission on Tax Reform. Fifth interim report of the Special Commission relative to revenue caps and rainy day funds in the development of a tax reform program for the Commonwealth (established by item 0185-7822 in section 2 of Chapter 234 of the Acts of 1984 and revived and continued and membership increased by Chapter 1 of the Resolves of 1985). Boston, MA (Room 741, 100 Boylston St., Boston 02116): Special Commission on Tax Reform, 1986.

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McCray, Sandra B. The thirteenth interim report of the special commission relative to the taxation of banks in the development of a tax reform program for the commonwealth: (established by item 0185-7822 in section 2 of chapter 234 of the Acts of 1984 and most recently continued by chapter 11 of the Resolves of 1986). [Boston]: Commonwealth of Massachusetts, 1987.

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Massachusetts. Special Commission on Tax Reform., ed. Ninth interim report of the special commission relative to the residential property tax burden in the development of a tax reform program for the Commonwealth: (established by item 0185-7822 in section 2 of chapter 234 of the Acts of 1984 and revived and continued and membership increased by chapter 1 of the Resolves of 1985), January 12, 1987. [Boston]: Commonwealth of Massachusetts, 1987.

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United States. Congress. Commission on Security and Cooperation in Europe. Implementation of the Helsinki accords: Hearing before the Commission on Security and Cooperation in Europe, One Hundredth Congress, second session, the nationalities issue in the Soviet Union--the limits of reform, September 15, 1988. Washington: U.S. G.P.O., 1988.

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United States. Congress. Commission on Security and Cooperation in Europe. Implementation of the Helsinki accords: Hearing before the Commission on Security and Cooperation in Europe, One Hundredth Congress, second session, the nationalities issue in the Soviet Union--the limits of reform, September 15, 1988. Washington: U.S. G.P.O., 1988.

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Book chapters on the topic "Namibia. Law Reform and Development Commission"

1

"XII. From Commission On Human Rights To Human Rights Council: Itinerary Of A Reform Process." In International Law, Conflict and Development, 325–53. Brill | Nijhoff, 2010. http://dx.doi.org/10.1163/ej.9789004178588.i-650.71.

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Robin, Cupido. "Part 2 National and Regional Reports, Part 2.1 Africa: Coordinated by Jan L Neels and Eesa A Fredericks, 15 Mauritius: Mauritian Perspectives on the Hague Principles." In Choice of Law in International Commercial Contracts. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198840107.003.0015.

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This chapter discusses Mauritian perspectives on the Hague Principles. The Code Civile Mauricien (Mauritian Civil Code) governs most private and commercial law matters and is thus one of the main sources of Mauritian law. Another main source is the Constitution of Mauritius 1968. It is important to note that there is no constitutional imperative for courts to consider international law when interpreting legislation, which could be a contributing factor to the lack of development of a cohesive private international law regime in Mauritius. The Law Reform Commission of Mauritius has thus been reviewing the status of private international law in Mauritius over the past five years and has issued several reports and studies on the matter. The chapter then investigates the extent to which Mauritian private international law already reflects the content of the Hague Principles and how this set of principles could influence the future development of the conflict of laws in Mauritius.
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Izbash, Kateryna. "ADMINISTRATIVE AND LEGAL SUPPORT OF PERSONNEL TRAINING OF THE NATIONAL POLICE OF UKRAINE." In Priority areas for development of scientific research: domestic and foreign experience. Publishing House “Baltija Publishing”, 2021. http://dx.doi.org/10.30525/978-9934-26-049-0-30.

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The article is devoted to the study of the current state of staffing of the bodies and units of the National Police of Ukraine. It is proved that the priority direction of law enforcement reform is to improve the staffing of the National Police, which consists in its timely and optimal provision, efficient and balanced process of selection, staffing, development and dismissal of personnel. The main legal acts on staffing the National Police of Ukraine are: the Constitution of Ukraine, laws of Ukraine: «On the National Police», «On the Disciplinary Statute of the National Police of Ukraine», Resolutions of the Cabinet of Ministers of Ukraine: «On the establishment of the National Police of Ukraine»; «On approval of the Regulations on the National Police»; «On the uniform of police officers»; «On the financial support of the National Police» and others. It is analyzed that the Law of Ukraine «On the National Police» adopted in 2015 contributed to the renewal of personnel work in the bodies and units of the National Police of Ukraine. It is substantiated that the positive aspects of staffing in accordance with the Law of Ukraine «On the National Police» are: 1) the establishment of permanent police commissions in the police to ensure transparent selection, competition and promotion of police officers; 2) mandatory presence of two members of the public in the permanent police commission; 3) holding a competition for service in the police, for a vacant position; 4) carrying out of attestation of the policeman by attestation commissions of bodies, institutions, establishments of police, in the cases directly provided by the specified Law; 5) the mechanism of movement of police officers in police bodies, institutions and establishments. However, despite the positive changes that have taken place since the establishment of the National Police, there are many issues that need to be addressed. It is argued that the essence of staffing is a timely, optimal and balanced process of selection, service, certification, dismissal of personnel and aimed at providing the National Police bodies and units with highly qualified personnel who serve society by protecting human rights and freedoms, combating crime, maintaining public safety and order.
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Zhang, Angela Huyue. "Bureaucratic Politics behind the Rise of Antitrust." In Chinese Antitrust Exceptionalism, 19–67. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198826569.003.0002.

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This chapter discusses the bureaucratic politics behind the rise of Chinese antitrust regulation. Chinese antitrust agencies are seldom subject to judicial scrutiny, and as a result, have monopolized the administrative enforcement of the Anti-Monopoly Law (AML). The severe sanctions that can be imposed under the AML give high-powered incentives to both government enforcers who want to expand their policy control and businesses who wish to use the law strategically to sabotage rivals. Moreover, the three former Chinese antitrust agencies were not assembled from scratch but were pre-existing departments within large central ministries. Naturally, the bureaucratic mission, culture, and structure of each of these agencies had shaped their enforcement agendas. Much of the discussion revolves around the National Development and Reform Commission (NDRC), as the agency stood out as the most aggressive institution among the three former agencies. Its rich record of enforcement also allows one to assess the link between these institutional factors and the pattern of enforcement. In 2018, the three agencies were merged into a single bureau under a newly created central ministry. The chapter then elaborates on the continuing challenges faced by this new agency, including the bureaucratic hierarchy, the power fragmentation, and the regional inertia.
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