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Johnson, Taylon M. "Autism Policy: State and National Legislation Analysis." Scholarship @ Claremont, 2012. http://scholarship.claremont.edu/cmc_theses/278.
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This research thesis is a policy assessment of the factors that contribute to the current status in treating autism. The policy assessment begins with a description of the key components that that influence policy outcomes in regard to autism.
After developing a policy model that outlines various components of issues and approaches to the policy has on Autism, the paper examines several issues with regard to Autism policy, including the lack of insurance coverage, state legislation, waiting lists, evidence vs. non evidence treatments, and the high price for treatments. The paper also examines current approaches to Autism, and potential solutions. Solution analysis on current policy alternatives is provided and, this suggests that increasing knowledge and awareness of the affects of autism on society needs further attention along with proper funding for early treatment.
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Hermida, Julian. "Legal basis for a national space legislation." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=84212.
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The purpose of this thesis is to propose the fundamental regulatory policy basis for a future domestic legislation governing private space activities in those States where their industry has or aspires to have a preponderant role in the pursuit of space activities and which have not yet crafted their national space regulatory framework. This study is based on the premises that the international legal framework governing space activities provides the fundamental basis for national space legislations and that the legislative experience of the countries which have adopted a domestic space legal scenario presents a useful model for delineating the principal basis of national legislation for those countries without specific national regulatory framework. The proposal is analyzed in light of Law Reform and participatory theory, conceived as a multifold dynamic process, requiring a national effort based on high level of State and private sector participation.
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Lanegra, Quispe Iván Kriss. "Prior Consulting, Mining and Environmental Regulation in the National Legislation." Derecho & Sociedad, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/117630.
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This article describes and analyzes the national standard established for the prior consultation proceedings in mining and its relationship with environmental law. These procedures have been created in order to comply with the liability contracted by the Peruvian State in 1995, after the ratification of ILO Convention 169. The article reviews the main elements of Peruvian prior consulting process, including key aspects such as the identification of indigenous peoples, as well as defining the moment at which consulting should be made in the mining area. Finally, the author stresses the no consultations in mining projects at the time and the implications of that fact.El presente artículo busca describir y analizar el estándar nacional establecido para el desarrollo de procesos de consulta previa en el ámbito de la minería y su relación con la legislación ambiental. Estos procedimientos han sido establecidos con el objeto de cumplir con la obligación que el Estado Peruano asumió en el año 1995, tras la ratificación del Convenio 169 de la OIT. Se pasa revista a los principales componentes del proceso de consulta peruano, incluyendo aspectos cruciales como la identificación de los pueblos indígenas, de las medidas de consultar así como la definición del momento en el cual realizar la consulta en el ámbito minero. Finalmente se destaca la no realización de consultas en los proyectos mineros hasta la fecha y las implicancias de dicho hecho.
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Bengtson, Christina. "National parliaments and European legislation : how scrutiny procedures have adapted and why." Thesis, University of Glasgow, 2006. http://theses.gla.ac.uk/1041/.
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National parliaments have always been involved in the affairs of the European Union. They have debated and voted on joining the Community and have ratified the European treaties negotiated by their governments. On a more regular basis, national parliaments have also, to varying degrees, scrutinised European legislation and the European-level activities of their executives. Increasingly, it has been recognised that national parliaments underpin decisions taken at the European level by legitimising the actions of their executives. As Europeanisation has progressed and the impact of European legislation has become more widely felt at the domestic level, national parliaments have found that their space to manoeuvre has shrunk. National parliaments have become part of a multi-level system of governance and can no longer, singularly, determine the parameters within which they operate. The traditional model of undertaking scrutiny, with specialised European committees operating in isolation from the rest of parliament, is therefore no longer tenable. EU specialists are unable to provide the expertise on all areas covered by European integration and increasingly require the expertise found in other committees within national parliaments to perform their scrutiny adequately. Inter-parliamentary contacts have contributed to a better understanding of common parliamentary problems. Parliamentarians have become more aware of the challenges of Europeanisation and globalisation, but have also discovered ways to, collectively and individually, face these challenges. National parliaments are likely to remain firmly anchored in the domestic level, maintaining their roles as legitimisers of national executives as well as expressions of national sovereignty. They can therefore also be expected to remain independent and autonomous institutions, determining their own activities and procedures. As a consequence, the impetus behind any move by national parliaments to further develop their influence over European (or global) decision-making and activities must come from within national parliaments themselves.
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Van, Hook Matthew S. "Congress and national security interest, influence and speed /." Thesis, Monterey, California : Naval Postgraduate School, 2010. http://edocs.nps.edu/npspubs/scholarly/theses/2010/Mar/10Mar%5FVan_Hook.pdf.
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Thesis (M.A. in Security Studies (Defense Decision-Making and Planning))--Naval Postgraduate School, March 2010.Thesis Advisor(s): Knopf, Jeffrey. Second Reader: Dahl, Erik. "March 2010." Description based on title screen as viewed on April 26, 2010. Author(s) subject terms: Congress, Intelligence, Defense, Reform, Reorganization, Goldwater- Nichols, Intelligence Reform and Terrorism Prevention Act of 2004. Includes bibliographical references (p. 89-99). Also available in print.
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Wunderlin, Beverly J. "The Regulation of Medically Assisted Procreation in Europe and Related Nations and the Influence of National Identity, Social Cultural, and Demographic Differences." Thesis, University of North Texas, 2002. https://digital.library.unt.edu/ark:/67531/metadc3192/.
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This study details the Medically Assisted Procreation regulations in thirty-five nation-states, and explores the influence of national identity, social cultural and demographic differences on these regulations. Detailed data were gathered from ministries of health, offices of prime ministers, embassy staff, and others on regulations for each nation. These data were used to categorize the nations in regard to MAP legislation status and regulatory policy regarding marital or age restrictions; posthumous conception; sperm, ovum, or embryo donation, surrogacy; and policy on handling donors. Possible associations between national identity, social cultural, and demographic data for each nation and their regulations were explained. The thirty-five nations were treated as a population with common geographical and political ties. PRE methods, and eta coefficients were used to assess the associations. Sixteen nations have adopted MAP legislation, eight nations have either alternative regulatory guidelines or partial structures, four nations have legislation pending and possibly some laws, and seven nations are unregulated. Based upon statistical analysis, language group emerges as an important indicator for differences in MAP regulations. For example knowing a nation's language group enabled percent improved prediction of that nation's regulatory handling of embryo donation. The percent GDP spent on health care was found to have a substantial or moderate association with most regulations. The findings of this study indicate that the cultural roots associated with national identity as well as economic circumstances such as health care budgets impact the policy making process responsible for the regulation of MAP in Europe. Among other mediating circumstances, MAP related family law cases brought to the European Court of Human Rights create an accumulation of judge-made law, which help create a common European standard. This study of the European region provides a baseline for further research and a reference for cross cultural comparisons.
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Colwill, Jeremy Giles. "Capital, labour, and the State : the origins of the National Insurance (Industrial Injuries) Act 1946." Thesis, London School of Economics and Political Science (University of London), 1986. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.281593.
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Brady, Michael J. "International law and national legislation : their relation to human rights and the protection of minorities." Thesis, Queen's University Belfast, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.387978.
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Fiebig, Michael Thomas. "Place-Based Conservation Legislation And National Forest Management: The Case Of The Beaverhead-Deerlodge Partnership." [Missoula, Mont.] : The University of Montana, 2008. http://etd.lib.umt.edu/theses/available/etd-12232008-084030/unrestricted/Fiebig_Michael_Thesis_PDF.pdf.
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Thesis (M.S.) -- University of Montana, 2008.Title from author supplied metadata. Description based on contents viewed on June 20, 2009. ETD number: etd-12232008-084030. Includes bibliographical references.
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Tzanidaki, Johanna-Despoina. "The European cultural heritage : community and national legislation for heritage management in the European Union." Thesis, University of Southampton, 1999. https://eprints.soton.ac.uk/43790/.
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The aim of this research is the consideration of the cultural heritage policies of European institutions (the European Union and the Council of Europe) and the impact of such policies on the national heritage policy of two member States (Greece and Italy). The analysis focuses mainly on the national and supra-national heritage legislation. The EU by means of policies and laws has gradually emerged as an important factor in the field of national heritage management. The impact of the EU in the fields of heritage terminology and legislation is a fact. New concepts concerning things 'national' are being directly 'imported' from the EU to its member States. The use of heritage in the political arena has a long history in nation States, with regard to issues of identity. By taking this one step further, the EU aims to construct a 'European' identity which will eventually replace the different 'national' ones. A historical narrative proves the logic behind EU action. The cultural heritage has been used by the EU throughout the years for a variety of political and economic purposes. The amendment of national laws and the introduction of EU concepts into national heritage law are results of an imposed change, not of legal evolution. The comparison of the two EU member States emphasises the complexity of issues involved in both the national and supra¬ national level. The conclusions aspire to arouse awareness of the powers that EU enjoys over national heritage legislation. The thesis also endeavours to highlight the power of law to create and construct public attitude towards the heritage, enhancing or denying claims for identity. It assesses the political will behind legal acts and policies with regard to the heritage. It addresses the attempt made by European institutions to create 'uniformity' in both laws and concepts related to heritage in a Europe of diverse heritages.
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Basurto, Gonzáles Daniel. "Mexican Environmental Legislation." Derecho & Sociedad, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/118481.
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The evolution of environmental law in Mexico has developed efficient mechanisms for environmental protection. Mexico’s legal system stems from the civil law tradition and therefore is a system of positivelaw. Thus, the Mexican legal system is based in written laws, regulations and other legalprovisions, created by the legislature (Federal Congress) and applicable in the Mexicanterritory, without losing sight of Mexican Official Standards (NOM’s) and Mexican Standards (NMX).The present article will make and overview on the transformation of environmental law since 1987’s constitutional reforms, to the present day.El tiempo y la experiencia en la aplicación de la Legislación Ambiental Mexicana ha sido detonante para el desarrollo de mecanismos cada vez más eficientes para la protección al medio ambiente.El Sistema Legal Mexicano es un sistema de derecho positivo. Así, el Derecho mexicano se encuentra basado en leyes escritas, reglamentos y otras disposiciones legales, creadas por el Congreso de la Unión y el Ejecutivo Federal; todas, aplicables en el territorio mexicano; sin perder de vista el rol de las Normas Oficiales Mexicanas (NOM’s) y las Normas Mexicanas (NMX).El presente artículo hará un recorrido en la transformación de la legislación ambiental desde las reformas constitucionales de 1987, hasta el día de hoy.
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Waldrop, Elizabeth Seebode. "Integration of military and civilian space assets : legal and national security implications." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=19637.
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The increasing intermingling of civilian and military space activities could lead to serious, and perhaps unintended, consequences. While international space law is very permissive with regard to military uses of space, there are considerable legal and security implications resulting from military and civilian dependence on the same space services. From a military perspective, intentional reliance on civilian systems must address, inter alia, national security concerns, contractual obligations, licensing restrictions, liability, and long-term political relationships, while respecting the interests of the commercial sector. Policy decisions leading to an increase in civilian-military space interdependence must also consider potential impacts of this symbiosis on trade, international relations, and the conduct of armed hostilities. The thesis addresses these and certain related issues in four chapters. The first chapter explores the depth of the interdependence of military and civilian users on the same space systems. The second chapter considers the implications of dual use space technologies, such as proliferation concerns. The third chapter discusses various legal mechanisms States employ to address security issues involving space activities. The final chapter outlines legal restrictions on the use of space assets by armed forces.
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Sivalingam, Harini. "Discourses of fear and victimization: the impact of national security legislation on the Tamil Canadian community." Thesis, McGill University, 2009. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=32391.
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National security discourses have a significant impact on migrant, refugee and immigrant communities. This thesis will address the impact that national security legislations have on vulnerable ethnic communities using the Tamil community in Canada as a case study. In highlighting concerns about rashly buying into the dominant discourses of terrorism and security, critical insights into how laws and policies impact community groups and society as a whole will be raised by exploring the discourses of fear and victimization. In particular, two important questions will be addressed. Firstly, how does the dominant discourse on fear of terrorism in national security legislation impact on the victimization of community groups, such as Tamil-Canadians? And secondly, what methods should be employed by communities so that the cycle of fear and victimization can be broken to enable the community to act with agency and resist these dominant discourses?Les discours présenter par la Sécurité nationale ont un impact signifiant sur les itinérants, les communautés de réfugié, et immigrés. Cet exposé adressera l'impact que les législations de la sécurité nationales ont sur la vulnérabilité dans les communautés ethniques, utilisant la communauté Tamoule au Canada comme une étude de cas. En soulignant les inquiétudes concernant imprudemment accepter les discours dominants de terrorisme et de sécurité, un aperçu critiques dans comment les lois et les politiques influent les groupes de communauté et la société comme un ensemble sera élevé en explorant les discours de crainte et de persécution. En particulier, deux questions importantes seront adressées. Premièrement, comment le discours dominant sur la crainte de terrorisme dans la législation de sécurité nationale influe-t-il sur la persécution de groupes de communauté, comme Tamoul-Canadiens? Et deuxièmement, quelles méthodes devraient-ils être employés par les communautés pour que le cycle de crainte et de persécution puisse être cassé pour permettre à la communauté d'agir avec l'agence et s'opposer à ces discours dominants?
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Lowman, Michael. "The effectiveness of access and benefit-sharing legislation in South Africa: practical considerations for national regimes." Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/12090.
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Includes abstract.Includes bibliographical references.
The Convention on Biological Diversity provides an international regulatory framework for countries to develop their own access and benefit-sharing (ABS) legislation. This international convention governs the utilization of a country's genetic resources and associated traditional knowledge. Due to increased capabilities and demand from industry for these resources, a market is created over which ABS legislation is to govern. This is based on the realization of the objectives of the convention that provide for state sovereignty over a country's indigenous biological resources. This dissertation presents the results from an evaluation of ABS legislation and its implementation within South Africa. Key objectives are to analyze the implementation of regulations and procedures governing access to indigenous biological resources and traditional knowledge, and associated institutional arrangements.
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Bollo, Vittorio Andrea. "Taking back their green gold, a blueprint for holistic national legislation regarding medicinal plants in developing countries." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0011/MQ35037.pdf.
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Prater, Shane T. Timmerman Eric W. "National Security Personnel System (NSPS) a history of creation and enactment of the legislation authorizing its establishment /." Monterey, Calif. : Naval Postgraduate School, 2008. http://bosun.nps.edu/uhtbin/hyperion-image.exe/08Mar%5FPrater.pdf.
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Thesis (M.S. in Management)--Naval Postgraduate School, March 2008.Thesis Advisor(s): Brook, Douglas A. ; King, Cynthia L. "March 2008." Description based on title screen as viewed on May 5, 2008 Includes bibliographical references (p. 107-115). Also available in print.
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Timmerman, Eric W. "National Security Personnel System (NSPS) a history of creation and enactment of the legislation authorizing its establishment." Thesis, Monterey California. Naval Postgraduate School, 2008. http://hdl.handle.net/10945/4188.
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The Department of Defense (DOD) National Security Personnel System (NSPS) was enacted through the FY 2004 National Defense Authorization Act (NDAA), signed into public law by President George W. Bush on November 24, 2003. NSPS enactment served as a key pillar of DOD's ongoing transformation effort and was a historically significant example of modern U.S. Civil Service reform. It also serves as a valuable case study for other government agencies interested in enacting their own civil service reform in the future. The overall objective of this thesis is to construct an analytical history of the creation and enactment of the legislation that authorized NSPS. The two primary research questions are: 1) how was the original NSPS legislative proposal, Section 101 of "The Defense Transformation for the 21st Century Act," created, and 2) how did Section 1101 of the FY 2004 NDAA, which authorized the establishment of NSPS, become law? The thesis also explores how NSPS was created and enacted through the lens of relevant policy process frameworks.
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Osmani, Nuhi [Verfasser]. "Implementation of National Legislation with European Standards in Minority Rights Issues - Special Focus in Kosovo / Nuhi Osmani." Flensburg : Zentrale Hochschulbibliothek Flensburg, 2021. http://d-nb.info/1238055877/34.
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Agbonjinmi, Ayodeji Peter. "Enforcement of criminal offences in terms of the National Water Act 36 of 1998." Thesis, University of Limpopo, 2007. http://hdl.handle.net/10386/582.
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Thesis (LL.M. (Environmental law and Management)) --University of Limpopo, 2007.The purpose of this thesis was to critically examine the enforcement of environmental regulations with special reference to the enforcement of offences in the National Water Act 36 of 1998. “Enforcement” was conceptualized as “power” the exercise of which is constrained by the constitutionally guaranteed rights, especially the rights contained in Chapter 2 of the Constitution of the Republic of South Africa Act 108 of 1996 – the Bill of Rights. “Compliance” was conceptualized as a rational action. The polluter is both a rational economic actor as well as a rational political actor. “Enforcement” and “Compliance” were further considered as economic activities with costs and benefits. The “responsive enforcement and compliance” model was also adopted in this thesis. Environmental regulation is contentious because of the failure to adequately distinguish environmental crimes (mala prohibita) from common law crimes (mala in se) and the erroneous believe in the immutability of law especially pro-defendant procedural rights in criminal prosecution. This failure to distinguish environmental crimes from common law crimes resulted in the requirement of the proof of mens rea in criminal prosecution for breach of environmental law. Arguments were advanced to show that mens rea can easily be proved in environmental law areas of land use and development and resource conservation while it is a Herculean task for the prosecutor to prove mens rea in waste disposal and pollution offences. Arguments were also advanced, in terms of s. 24 of the 1996 Constitution and s. 2 of the National Environmental Management Act 107 of 1998, to show that “sustainable development” and the principles derived therefrom, especially the “precautionary principle” and the “polluter–pays principle”, are part of the corpus of South African constitutional and statutory laws. The “precautionary principle” and the “polluter-pays principle” have assumed the status of customary international law, and consequently part of South African laws in terms of s. 232 of 1996 Constitution. The provisions of s. 24(b) of 1996 Constitution prescribed both positive and negative duties for the state in respect of environmental regulation and prescribed the ambit of environmental regulation in South Africa. The “precautionary principle” is interpreted as deliberation guiding in form and a legal rule in content. The “precautionary principle” as a rule guides the actions of organs of state and other environmental stakeholders. The “polluter-pays principles” is interpreted as a legal rule which should be applied in the “all-or-nothing” sense. Arguments were advanced for the application of the “polluter-pays principles” in criminal prosecution. The legal effect of the application of “polluter-pays principle” in criminal prosecution for environmental crimes is to negative mens rea and transform environmental crimes to strict liability offences. In the environmental law areas of land use and development and resource conservation where mens rea is easily provable, the application of the “polluter-pays principle” would limit the prosecutor’s duty to proving, beyond reasonable doubt, the acts that constitute the offence against the accused. Thereafter, it is opened to the accused to prove, on scale of probabilities, that he lacks the mens rea (dolus or culpa) necessary for conviction. In the area of waste disposal and pollution control where proof of mens rea is difficult, the application of the “polluter-pays principle” should result in the application of the rule in Rylands Fletcher. All the prosecutor need do to obtain conviction is to prove, beyond reasonable doubt, the acts that constitute the offence against the accused. The Reconstruction and Development Programme (RDP) is identified and recognized as the dominant social paradigm (DSP) in South Africa. It is within the context of this DSP that environmental regulation is situated. Examining the penal provisions in the National Water Act 36 of 1998 against the background of the DSP, one is not left in doubt why the water pollution and degradation offences in the Act are fault-based. The DSP also partly accounts for the subordination of criminal law to administrative and civil judicial procedures in the enforcement of offences in the NWA 36 of 1998. Offences in the NWA 36 of 1998 were classified into 5 groups– failure crimes, reporting crimes, fraud crimes, obstruction crimes and environmental injury crimes. The failure crimes, reporting crimes, fraud crimes and obstruction crimes are common law crimes (mala in se) in the environmental law context, they are therefore subject to criminal prosecution like any other common law crime. Most of the environmental injury crimes are subject to administrative and civil judicial penalties, that is, the criminal sanction is subordinated to administrative and civil enforcement. The water pollution and degradation offences in s. 151 (1)(i)(j) of NWA 36 of 1998 are fault-based. In a water stressed country, this is a subsidy to industry for job creation and poverty eradication as dictated by the DSP– the RDP. However, in the prosecution for water pollution and degradation offenses, the application of the “polluter-pays principle” would negative mens rea. The legal effect is that in any prosecution for water pollution or degradation, to secure conviction, the prosecutor is only expected to prove the acts constituting the offence beyond reasonable doubt. It is thereafter open to the accused to the prove, on scale of probabilities, that he lacked either the dolus or culpa required to ground conviction. Since different cast of players are responsible for environmental protection and criminal prosecution (the National Prosecution Authority), coordination amongst the environmental agency, the prosecuting authority and the police is recommended. This can be achieved, inter alia, through joint participation in national enforcement conferences and joint participation in environmental task forces.
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Xue, Guifang. "China's response to international fisheries law and policy national action and regional cooperation /." Access electronically, 2004. http://ro.uow.edu.au/theses/369.
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Buckingham, Donald E. "Feeling the squeeze National food labelling legislation in a WTO World: Case studies from France, Canada and Ghana." Thesis, University of Ottawa (Canada), 2005. http://hdl.handle.net/10393/29202.
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Legal regulation shapes the form and content of food labels. Whether in developed or developing countries, national laws outline obligations for labelling that reflect a combination of safety, commercial, and proprietary objectives based on a country's unique circumstances. This dissertation mines one particular dimension of the interplay between national and international law. While focusing on the narrow issue of food labelling legislation, it canvasses the national and international obligations affecting food labels that arise from intellectual property law, trade regulation and consumer protection.
National food labelling regimes share some similar legislative provisions. French, Canadian, and Ghanaian law all recognize three categories of food labelling elements for pre-packaged foods: (1) mandatory labelling elements; (2) prohibited elements; and (3) reserved elements. As well, failure to comply with food labelling laws can result in criminal or civil liability, although implementation varies from country to country, with "food-centred" cultures more apt to vigorously enforce food labelling laws.
Yet, it not simply national law that dictates the final form of food labels. International legal obligations increasingly play a pivotal role. While early international agreements were driven by States' desires to harmonize certain commercial and intellectual property laws, a shift occurred with the GATT 1947. This Agreement did not look to harmonize private law regimes amongst trading partners, but rather it set out general obligations that prohibited certain national measures which inhibited trade. The pendulum has swung even further with the establishment of the WTO. National governments, in light of their WTO obligations, must now (a) undertake positive law reform; (b) make national measures WTO-compatible; and (c) submit to compulsory trade dispute resolution, all of which can affect national food labelling laws.
Clear international obligations established to address commercial or health concerns permit States to maintain national measures while still pursuing trade liberalization. However, international obligations applied to discipline national measures like the marking of food quality and the provision of new consumer information tread on national cultural sensitivities. Until further consensus evolves concerning how international obligations should be applied to such national food labelling measures, significant conflicts between national and international obligations will continue.
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Ramaswamy, Muruga Perumal. "Combating challenges in E-business: scope and limitations of international law and national legal measures in USA and China and therole of Hong Kong as a hub." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2010. http://hub.hku.hk/bib/B43877655.
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Nakitto, Saidat. "The implementation of the Rome Statute of the International Criminal Court in Uganda and South Africa : a critical analysis." Thesis, Brunel University, 2017. http://bura.brunel.ac.uk/handle/2438/15271.
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The thesis examines the extent to which the Rome Statute of the International Criminal Court (Rome Statute) has been implemented by Uganda and South Africa. State parties to the Rome Statute are expected to perform their obligations under the Statute in good faith. This entails conducting investigations and prosecutions for ICC crimes by virtue of the principle of complementarity, as well as fully cooperating with the ICC in its investigations and prosecutions where the state is unwilling or unable to do so. However, the Rome Statute does not provide clear guidance on what measures need to be undertaken by states to implement its provisions. This leaves states with the discretion to determine how best to give effect to the provisions of the Rome Statute. Drawing from the practices of various states, the thesis gives an overview of the ways through which the Rome Statute has been implemented and makes a detailed analysis of the case studies of Uganda and South Africa. The focus is on the national implementing legislation, institutions that enforce the legislation and resultant court decisions. The emerging challenges faced by institutions in implementing the Rome Statute are discussed and using examples of other states, solutions are suggested to eliminate these problems. The thesis argues that effective implementation of the Rome Statute at the national level requires not only enacting legislation to domesticate the Rome Statute but also actual enforcement of the legislation to ensure adherence with the law.
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Urapeepatanapong, Kitipong. "Legal aspects of countertrade under the General Agreement on Tariffs and Trade and the national laws of Canada and Thailand." Thesis, University of British Columbia, 1987. http://hdl.handle.net/2429/26147.
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Countertrade is no longer a new term in international trade. Countertrade will continue to grow in the next decade despite opposition from various developed countries. Nevertheless, little attention has been given to develop a generally acceptable definition of countertrade and a classification of its forms. More importantly, the study of the legal implications of countertrade under GATT and national laws of countries involved in countertrade is still limited. This thesis is a first step to explore the definition and forms of countertrade, as well as its national and international legal implications.
The first part of this thesis, respecting the overview and framework of countertrade, contains three chapters. The first chapter describes the purposes and methodology employed in the research of this thesis. Chapter two discusses the development of countertrade in world trade and the definitions and major forms of countertrade transactions. A definition of "countertrade" is proposed. The discussion of elements contained in each form of countertrade will assist classification of the forms of countertrade. The advantages and disadvantages of countertrade from the perspective of both developed and developing countries is also discussed. In Chapter three, the development of countertrade policy in Canada and Thailand is examined. The writer concludes that countertrade should be encouraged but with care taken to adopt the form most suitable to the specific problems each country is facing. Generally, Thailand and Canada should study the impacts of countertrade on their economies prior to implementing countertrade policies. In respect of their mutual relations, Thailand and Canada should put an emphasis on the development of countertrade practice in the forms of Offsets and Compensation.
The second part respecting the legal implications of countertrade, consists of Chapters four, five and six. Chapter four examines the legal implications of countertrade under the major provisions of the GATT and its Codes. The writer concludes that there are a number of unresolved problems with which GATT and the Codes cannot deal efficiently because they were drafted while countertrade was still unimportant in international trade. A study of the impact of countertrade and a detailed study of the legal implications under GATT is still required. In Chapters five and six, the writer examines countertrade transactions under the private and regulatory laws of Canada and Thailand. The discussion, within the limited scope of the thesis, is aimed only at providing some precautions respecting possible effects of such laws on countertrade transactions. The private law aspect deals only with basic problems of choice of law principles, the State Immunity principle, and the enforcement of foreign or international arbitral awards that arise from disputes concerning countertrade agreements. The discussion of regulatory law is divided into three parts based on the purposes and nature of the legislation: Fiscal and other regulatory control laws; Remedial regulatory laws; and the Promotion and Administrative regulatory law. Specific provisions of the legislation are examined. Certain suggestions are made for reform of the law.
The last part of this thesis, Chapters seven relates to practical consideration of negotiating and drafting countertrade agreements. The purpose of this part is to guide practitioners in preparing and structuring countertrade agreements efficiently. The writer also suggests the preparation of model countertrade agreements to overcome problems of time and cost in drafting agreements, and to strengthen the developing countries' bargaining power. Chapter eight, the conclusion, summarizes the major points which are discussed in previous chapters.
The diversity of countertrade transactions probably precludes the development of uniform domestic or international rule to regulate this type of international commerce. This thesis has shown that lawyers in developed and. developing countries need, however, to be aware of the special nature of countertrade transactions when considering the application of laws of a general character so as to preserve the value of this form of trade.Law, Peter A. Allard School of
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Upton, Oren K. "Asserting national sovereignty in cyberspace : the case for Internet border inspection." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2003. http://library.nps.navy.mil/uhtbin/hyperion-image/03Jun%5FUpton.pdf.
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Yu, Huan [Verfasser], and Lesley Jane [Akademischer Betreuer] Smith. "Studies on National Space Legislation for the Purpose of Drafting Chinas Space Law / Huan Yu ; Betreuer: Lesley Jane Smith." Lüneburg : Universitätsbibliothek der Leuphana Universität Lüneburg, 2019. http://d-nb.info/1187520055/34.
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Hunter, Judith. "Legislation, royal proclamations and other national directives affecting, inns, taverns, alehouses, brandy shops and punch houses 1552 to 1757." Thesis, University of Reading, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.260675.
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Lewis, Glennis M. "Protecting Canada's natural ecosystems from invasive alien plant species: Is sub-national weed control legislation up to the task?" Thesis, University of Ottawa (Canada), 2006. http://hdl.handle.net/10393/27388.
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Invasive alien plant species pose a serious threat to Canada's natural ecosystems. It is the thesis of this paper that sub-national laws are important tools in combatting such species that are naturalized and spreading within provincial and territorial boundaries. Weed control acts in British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Quebec, Nova Scotia, and Prince Edward Island and the plant health protection acts in New Brunswick, and Newfoundland and Labrador are a strong basis to combat invasive alien plant species.
However, since these laws were enacted for weeds in agro-ecosystems, they are not up to the task of protecting natural ecosystems from invasive alien plant species. In some provinces and territories, there is a need to fill gaps in the law and ensure that it applies in a clear and uniform manner to all natural ecosystems. Numerous other revisions are recommended to make applicable provincial and territorial laws more effective.
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Peterson, Mark Edward. "The UAV and the current and future regulatory construct for integration into the national airspace system /." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99149.
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Unmanned Aerial Vehicles ("UAV") have been a part of aviation from the infancy of manned aviation; yet, have not reached their fullest potential as they are not integrated into the national airspace system ("NAS"). However, we are at the edge of technological breakthroughs to make integration a reality. Nevertheless, the regulatory construct necessary to provide safe integration of UAVs is unfinished. This thesis looks at necessary regulatory changes within the United States to allow for integration of the UAV into the NAS. I will first define the UAV and look at its historical roots. Then, I will review existing regulations and directives of manned flight that would apply to UAVs, as well as various rules specifically for UAVs that now exist. Through this examination, I will review the gaps and offer recommendations to fill regulatory holes in hopes to provide a useful contribution to the eventual integrated flight of UAVs.
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Burnette, Mark A. "The Evolution of the Non-Supplant Issue in the Federal Funding of Public Education: The Policy in Virginia and its National Implications." Diss., Virginia Tech, 2005. http://hdl.handle.net/10919/27095.
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The primary purpose of this study is to assist with the determination of the legality of the new policy adopted by the Commonwealth of Virginia of deducting federal revenues from the Basic Aid finance formula for public education. First, this study involves a detailed review of the case law pertaining to the non-supplant issue with targeted federal funds. Second, a brief description of the funding models of the time utilized by the states involved in such litigation are provided in order to determine similarities and differences to various state funding systems, including the venerable foundation model utilized by Virginia.
The study provides a historical analysis of the legislation involved in the federal support of public education and the introduction of the non-supplant issue into the language of the federal legislation. Historical documents including Constitutional acts and amendments, statutes, and publications of early education scholars are reviewed.
In order to understand the subtlety of the non-supplant issue, the structures of the state systems of school finance that have had the issue of non-supplant litigated are described in some detail. The review of law includes cases retrieved from both Westlaw and Lexis Nexis databases and those cases cross-referenced with landmark decisions.
The research in this document will provide comparisons between the case law and the current problem in the Commonwealth. Insight into the legal ramifications of the non-supplant issue and the potential implications that deducting federal revenues from the Basic Aid formula may present will be provided. The consequences for failure to adhere to federal policy regarding the state funding of public education are portrayed in the case law decisions. Further, this research will provide an opinion as to whether the current policy of deducting federal revenues from the Basic Aid formula utilized in Virginia will withstand a legal challenge under the non-supplant language imbedded in federal education grants-in-aid.Ed. D.
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Griggs, Steven Frank. "Professionalisation, policy networks and the development of French health policy : the rise of hospital directors, the Syndicat National des Cadres Hospitaliers, 1976-1991." Thesis, London School of Economics and Political Science (University of London), 1999. http://etheses.lse.ac.uk/2872/.
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As governments have grappled with the demands of cost containment policies in health care, a series of challenges have arisen to the 'privileged' position of medical professionals in public health care systems. Hospital managers and administrators have contested medical control of the health policy agenda and the allocation of resources. This managerial challenge raises important questions about how new groups or lobbies have emerged in health policy-making, and about the capacity of governments to induce change within professional policy networks. The thesis explores these issues by analysing the development of French hospital management policy from initial measures towards cost containment launched in 1976 to the complete re-writing of previous legislation on public hospitals in 1991. The policy networks shaping hospital management policy have been transformed by the development of the French corps of public hospital directors and its largest trade union, the Syndicat National des Cadres Hospitaliers (SNCH). Through the 1980s, the SNCH evolved its own programme for hospital management reform, and its members rose to occupy pivotal positions during the decision-making process which led to the 1991 Hospital Law. The thesis highlights the role of politicians in transforming policy networks by making top-down changes in the regulation and financing of policy systems, and by fostering bottom-up changes in the balance of influence between professional groups and in the local management of hospitals. In addition to political influence and contingent professional changes, the study examines how policy systems can have their own logic of development, which powerfully shape long-run patterns of change in the health policy sector.
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Morocco-Clarke, Susan Ayodele. "Improving environmental protection within the Nigerian oil and gas industry : long term national solutions, short term international solutions?" Thesis, University of Aberdeen, 2012. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=186680.
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This thesis carries out a comparative analysis between the modes of operation adopted in the oil and gas industries of Nigeria and developed countries (with an emphasis on the UK), examining in the process, the existing and persistent problem of pollution which has plagued the Nigerian State and gone virtually unchecked for over five decades, and dealing with the lacunae in the law currently in place in Nigeria. This analysis is carried out to ascertain the possibility of improving environmental protection in Nigeria. A course is charted through the history and development of the Nigerian oil and gas industry, extensively reviewing the environmental legal regime adopted in Nigeria, with particular reference to the oil and gas industry. Issues concerning inadequacy of legislation are addressed as well as the knotty problem of proper enforcement and indeed compliance within the industry. Also addressed is the extent to which flaring is a significant problem in Nigeria, as this is responsible not only for huge amounts of environmental pollution, but also for the loss of a considerable amount of revenue for the Nigerian government and populace. Furthermore, this thesis considers the difficulty the Nigerian judiciary has in maintaining its impartiality and the problems of corruption as well as the judicial approaches to powerful economic actors. Parallels of the Nigerian oil industry are drawn with the exploration and production processes of oil companies operating in the United Kingdom. As a consequence, this work puts forward possible solutions for the adoption of sustainable practices successfully utilised in developed countries which have not been replicated in Nigeria.
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Kohlhepp, Beverly Mary. "National legislation and educational provision for children with special needs : a comparative study of the impact of legislation on primary schools in selected rural areas of England and the United States through 1985." Thesis, University of Exeter, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.384978.
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Tang, Chao. "The scope and diversity of international obligations and national laws governing same-sex relationships and emerging issues in China." Thesis, University of Macau, 2012. http://umaclib3.umac.mo/record=b2590471.
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Kokott, Katrin. "The impact of 9/11 on the South African anti-terrorism legislation and the constitutionality thereof." University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&.
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This paper aimed at analysing what was South Africa's response to its international obligations regarding the 9/11 events and how does such response comply with the country's constitutional framework. This study gave a brief outline of the most significant legislative changes in a number of countries and then concentrate on the South African anti-terrorism legislation. It identified the provisions of the Act that have been discussed most controversial throughout the drafting process and analysed whether they comply with constitutional standards. Particular emphasis was laid on the possible differences between the South African Act and comparative legislation that derive directly from the apartheid history of the country.
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Solano, Pedro. "Legislation and applicable concepts to protected natural areas in Peru." Pontificia Universidad Católica del Perú, 2013. http://repositorio.pucp.edu.pe/index/handle/123456789/115939.
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There are 78 protected areas in Peru covering 22 million hectares corresponding almost 17 percent of national territory. This article reviews essential aspects of protected natural areas studying scopes, purposes, types, categories and levels such as: requirements for setting, amendment and repeal; activities allowed and forbidden within them; institutional management, among others. Finally, this work concludes with some brief thoughts on legal and institutional challenges of the Sistema Nacional de Áreas NaturalesProtegidas por el Estado (SINANPE) (National System of State ProtectedNatural Areas).En el Perú existen setenta y ocho áreas protegidas de nivel nacional, que en su conjunto cubren más de veinte y dos millones de hectáreas que equivalen casi al diecisiete por ciento del territorio nacional. El presente artículo, tras abordar los alcances, objetivos, tipos, categorías y niveles de las áreas naturales protegidas, pasa revista a los más trascendentes aspectos que las envuelven, tales como los requerimientos para su establecimiento, modificación y derogación; las actividades permitidas y prohibidas dentro de ellas; su gestión institucional; entre otros. Finalmente arriba a unas concisas reflexiones sobre los retos legales e institucionales que el Sistema Nacional de Áreas Naturales Protegidas por el Estado (Sinanpe) debería afrontar.
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Gausi, Hambani Adamson. "Effects of the brittle national information policy framework on information services in Malawi." Thesis, University of Fort Hare, 2013. http://hdl.handle.net/10353/d1005989.
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The aim of the study was to explore the effects of the absence of an overarching national information policy on information services in Malawi. The objectives of the study were to: find out the effects of the absence of an overarching national information policy on information access in Malawi; establish factors impeding the development of an overarching national information policy in Malawi; find out the extent to which the absence of an overarching policy has affected capacity building in information services in Malawi; and identify the legal and regulatory framework implications of the absence of such a policy in Malawi. The study adopted an exploratory research design. Data were collected using document analysis, observations and in-depth interviews. Eighty-two face-to-face interviews were conducted with policy makers in government, Members of Parliamentary committees on legal and media issues, information scientists, information service providers, academicians, legal experts and information users. Purposive sampling was used to select participants. An interview guide comprising closed and open ended questions was used to interview respondents. Data were analysed using quantitative and qualitative methods. The findings of this study may be used by Government in developing relevant national information policies that would enhance free access and utilisation of information. Furthermore the study is significant in identifying factors that may impede the development of a national information policy. The study revealed that Malawi has a brittle national information policy framework for the provision of information services. Malawi doesn’t have an overarching policy framework for the sector and as a result, there is no policy guidance to drive the development of sectoral policies and supporting legislation. Policy development in Malawi is more reactive to issues than systematic and very slow. Consequently, access to and utilization of information is low; capacity building is low in terms of competencies and infrastructure and; the legal and regulatory framework for information services is weak. The study also revealed that factors impeding the development of an overarching national information policy include: motivation for the development of sectoral information policies; lack of an institutional framework to guide the development of policy; lack of finances and technical capacity; lack of sustained political will; level of economic development; existence of overarching government development plans; international trends; and the diverse nature of the information sector. The general recommendation emanating from the findings of the study is that Malawi needs an overarching national information policy which would articulate and address issues regarding access to information, capacity building in terms of skills and infrastructure, and the legal and regulatory framework. Information is a cross-cutting issue requiring an all-encompassing policy. However, specific recommendations from the findings of this study are that government should expedite the development of policies and enactment of relevant pieces of legislation which are not yet in place to enhance free access and utilisation of information and ICTs; government should speed up the introduction of information literacy in the school curriculum starting from primary school level to university; government should develop a library policy to promote the development of school libraries in both primary and secondary schools, and public libraries in all towns, district assemblies and rural growth centres which should be well resourced including Internet facilities; and government should constantly review and harmonise policies and legislation in the information sector so that they are in line with current trends.
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Benedi, Lahuerta Sara. "The effectiveness of the EU race equality directive at national level : a comparative study of British and Spanish legislation and policies." Thesis, University of Leicester, 2015. http://hdl.handle.net/2381/32437.
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The EU Race Equality Directive (RED) was adopted in 2000 to foster the development of a basic legal framework to address racism and, more generally, to put into effect the principle of equal treatment at national level. However, there are some concerns that the effects of the RED have not been as far-reaching as expected. Through a comparative study between Britain and Spain, this thesis analyses whether the RED has triggered effective legislation and policies in these jurisdictions, and which factors and actors may be relevant to improve the effectiveness of racial equality legislation and policies. Initially, the thesis acknowledges that the RED’s potential to trigger effective regulatory strategies at national level is constrained by its underlying enforcement model, based mainly on individual litigation. Building upon the theory of the Social Working of Law, the concept of effectiveness is defined as the combination of ‘ex-ante effectiveness’, which contributes to preventing discrimination, and ‘ex-post effectiveness’, which minimises the negative effects that discrimination has on victims, once it has occured. This distinction is used to frame the comparative analysis, which is conducted in three building blocks. Firstly, it is argued that formal adjudication has intrinsic limitations because victims bear the burden to initiate legal proceedings but, at the same time, the system deters them from doing so. Secondly, it is submitted that a diverse network of advice-providers (ie equality bodies, trade unions and NGOs) and an appropriate use of Alternative Dispute Resolution mechanisms can contribute to improving ex-post effectiveness. Finally, this thesis also recognises the importance that employers’ policies can have in preventing discrimination, such as those derived from positive duties, collective bargaining and voluntary initiatives. However, the thesis also concedes that the effectiveness of employers’ policies largely depends on the regulatory framework, social awareness about racial discrimination and workforce participation.
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Urquhart, Ian Thomas. "Interdependence, state competition, and national policy : regulating the British Columbia and Washington Pacific salmon fisheries, 1957-1984." Thesis, University of British Columbia, 1987. http://hdl.handle.net/2429/27555.
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This study explores the politics of regulating the British Columbia and Washington commercial salmon fisheries between 1937 and 1984. The principal focus of this comparative-historical study is upon one particularly striking exception to the tendency of regulators to tighten commercial salmon fishing restrictions over time - the persistence of liberal offshore trolling regulations. The dissertation argues that the anomalous treatment of the offshore troll fishery during this period may be ascribed to the competition between states for the right to harvest salmon - a common property resource.
In making this claim, the study questions the adequacy of the interest-group driven explanations of policy which figure prominently in the literature on regulation. Two pillars of interest group theory, the tendencies to explain national policy only through reference to domestic politics and to reduce state behaviour to little more than the product of the demands of private sector interests, are challenged in this comparative case study.
The challenge to the first tendency of interest group theory is sustained by examining the relations between national regulatory preferences and the foreign fishery policy goals of Canada and the United States. The pursuit of two goals - Asian exclusion and North American equity - in bilateral and multilateral negotiations demanded the adoption of particular regulatory profiles. Liberal offshore troll regulations may be explained according to the legitimacy and bargaining advantages they lent to Canadian and American efforts to incorporate these two goals into modifications to the traditional fishery regime.
The study also suggests that, in a setting characterized by intergovernmental competition, regulatory policies may not always be equated with the preferences of interested private parties. In this setting the state's ability or willingness to respond to even the most influential private sector interests may be limited by the state's evaluation of its bargaining resources and requirements. State competition created a context where government attitudes towards offshore salmon fishing could be understood in terms of state preferences, preferences derived from officials' perceptions of the legitimacy of various national regulatory policies in the context of valued international institutions.
While state competition is the centrepiece of the explanation of national fishery policy developed in this study its explanatory power is mediated by two intervening institutional variables - the capacities of states to formulate and implement policies and the structure of the international regime itself. The level of knowledge regarding the salmon resource played an instrumental role in the formulation of regime goals and of pertinent national policies. The extent to which state management in offshore waters was fragmented between different bureaus affected the ability of officials to adopt national policies which suited their international purposes. The redistribution of the American state's fishery management capacity in the 1970s was a catalyst for the severe restrictions visited upon Washington trailers at that time.
A second institutional factor, the structure of the international fishery regime, also mediated the competition between states. The series of reciprocal fishing privileges agreements between Canada and the United States was particularly important in maintaining established offshore regulatory preferences during the 1970s when the clash between American and Canadian salmon fishery perspectives was intensifying.Arts, Faculty of
Political Science, Department of
Graduate
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De, Brouwer Christophe. "Analyse des diverses réglementations concernant la radioprotection: sur les plans international et national et examen de leurs cohérences par rapport aux données actualisées de radiobiologie." Doctoral thesis, Universite Libre de Bruxelles, 2001. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/211530.
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Vetter, Henning. "International and selected national law on bioprospecting and the protection of traditional knowledge." Thesis, University of the Western Cape, 2006. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_1427_1183465033.
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This thesis discussed the subjects of bioprospecting and the protection of traditional knowledge. At first the international approach to the subjects was elaborately discussed. The focus was on the respective provisions of the United Nations Convention on Biological Diversity and the related Bonn Guidelines, stressing the matter of access to genetic resources and the fair and equitable sharing of benefits arising from their utilization. Enclosed in this discussion was the examination of different legislatory approaches to tackle the subject with an emphasis on national intellectual property rights laws and the role and potential merit of national registers of and databases for specific traditional knowledge. The way national legislators have implemented the concerned obligations of the convention, and their peculiarities as for example the restriction of scope of law to indigenous biological resources, was exemplified with the respective Bolivian, South African as well as Indian laws.
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Mathekgane, Justice Mpho. "The laws regulating National Health Insurance scheme :prospects and challenges." Thesis, University of Limpopo, 2013. http://hdl.handle.net/10386/2542.
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Tarrant, A. D. "Why does European Union Legislation sometimes empower national regulatory authorities and sometimes empower European Agencies to undertake regulation for the single market?" Thesis, University College London (University of London), 2011. http://discovery.ucl.ac.uk/1334685/.
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This thesis investigates why EU single market legislation sometimes privileges national regulatory authorities ("NRAs") as the authoritative decision-makers while other legislation in the same field privileges EU regulatory Agencies. Most of the literature on both EU regulatory Agencies and independent NRAs has explained their creation in functional terms. While there may be functional benefits to be gained from creating regulatory bodies in EU legislation, the thesis argues that their design is not necessarily determined by the standard functional imperatives – indeed, sometimes such delegates, at least from the perspective of actually meeting functions such as credible commitment, may be designed by principals to be ineffective. The theory advanced in the thesis is that Member States will prefer NRAs to be the bodies controlling implementation in those cases where there is distributional conflict and Agencies and/or the Commission where there is not. The Commission and the European Parliament will usually advocate supranational regulatory institutions but will be unable to overcome collective Council preferences where they are in favour of NRAs. The empirical findings in the thesis with respect to the acts of delegation suggest these hypotheses are correct. In addition, the thesis hypothesises that regulatory outcomes will be consistent with the type of design adopted. Consequently, an examination of regulatory implementation is also undertaken in order to verify whether this is the case. The thesis finds that implementation outcomes also vary depending on the type of institution selected.
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Whittle, Patricia. "The power to negotiate : examining mandating procedures in the National Council of Provinces and their impact on legislation and other parliamentary processes." Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20632.
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This study explores provincial participation and examines (a) how and (b) to what extent negotiating mandates of the respective provinces are taken into account in the legislative processes of Parliament in selected bills in terms of ss 74 and 76 of the Constitution, 1996. It evaluates to what extent current systems, processes, rules and legislation give effect to the will of provinces, as an expression of the views emanating from provincial public participation. The study provides a brief overview of the historic background and evolution of the Parliament of South Africa, followed by a discussion of the constitutional and legislative framework from which the NCOP derives its mandate and a brief comparison of the NCOP to the second chamber of the German Federal Republic, the Bundesrat. The discussion of the Mandating Procedures of Provinces Act, 2008 examines in which ways the Act helps or hinders the mandating processes, drawing on case studies of selected s 76 bills processed before and after the MPPA came into effect. It considers whether the NCOP's public consultation can remedy flawed or inadequate public participation by a department. In the case of constitutional amendment bills that proposes provincial boundary changes, s 74 of the Constitution requires an affected province's approval for such a bill to be passed. It considers whether a constitutional amendment bill can be amended and propose various options for consideration. The conclusion finds that the NCOP gives effect to its constitutional mandate to represent provinces in the legislative and other processes of Parliament with lesser degrees of success in respect of ss74 and 76 bills affecting provinces. It recommends a review and amendment of the MPPA and the NCOP Rules (and where relevant the Joint Rules of Parliament) to enable provinces to have a more meaningful impact on the legislative and other Parliamentary processes involving provinces.
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Sheppard, Maria Kreszentia. "The destabilising effects of patient choice : law, policy, politics & the paradox of complementary alternative medicine in the NHS." Thesis, Queen Mary, University of London, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.612582.
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Ja'afar, Sabirin Bin. "International law of the sea and national legislation on piracy and terrorism in the Straits of Malacca : a study in law and policy." Thesis, University of Greenwich, 2007. http://gala.gre.ac.uk/8211/.
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The issue of piracy and maritime terrorism becomes complicated when it is discussed in relation to the rights of the coastal states regarding the right of passage in straits used for international navigation. One of the issues in this respect is the conflicting interests of littoral states that insist on sovereignty over the sea areas adjacent to their coast and the needs of user states to retain and indeed to have more freedom in navigation while passing through and overflying these straits. The Straits of Malacca is a region where the concepts of respective freedom have been tested. To further complicate the matter, in law and perceptions, the 11 September 2001 atrocities brought about an urgent need for more radical changes to the existing international law to deal with possible terrorist attacks at sea. This resulted in the rapid adoption under the IMO of the ISPS Code through amendments to the SOLAS Convention 1974. More radical changes affecting the basic rights of freedom of the high seas are taking place in the amendments of the SUA Convention 1988. Against this backdrop, the issue of maritime security and the way in which the littoral states deal with it while maintaining their rights and sovereignty has had fundamental effects in the Straits of Malacca. The main purpose of this thesis is to trace the legal developments and changes that have taken place in regional and international law since the September 11 atrocities, which have fundamentally affected the question of the littoral states' sovereignty and rights over adjacent maritime zones against the rights of user states and interested maritime powers as applied in new security outlooks and threats of international terrorism. Through case studies to examine fundamentals, this thesis attempts to answer the question as to whether the trend to further 'internationalise' the Straits of Malacca is justified under the international conventions and customary law. The thesis will trace the use of the issue of piratical attacks in the straits, which have enabled third parties to offer security arrangements to the littoral states, and how diplomatic negotiations on this question between the littoral states themselves are compounded by complex historical, legal and political issues and by related organizational structures at national, regional and international levels. These objectives can be achieved only by a rigorous evaluation of the law of the sea with respect to security, accompanied by examinations of actual processes and practices in the form of case studies. A summing up of the evidence so examined is provided in the final chapter of the thesis.
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Oppolzer, Konstantin [Verfasser]. "Ring-Fencing in Europe : The EU's Bank Structural Reform and a Legal Comparative Look at National Legislation in Europe's Three Financial Capitals / Konstantin Oppolzer." Baden-Baden : Nomos Verlagsgesellschaft mbH & Co. KG, 2019. http://d-nb.info/1204709114/34.
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Kiapi, Evelyn Matsamura. "Media representations of female genital mutilation: A thematic analysis of two Ugandan national English daily newspapers." University of Western Cape, 2019. http://hdl.handle.net/11394/7400.
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Magister Public Health - MPHThis study analyses media representations of Female Genital Mutilation/Cutting (FGM/C) in two Ugandan daily English newspapers. FGM/C is recognized by the World Health Organization as an extreme form of violation of the rights, health and integrity of women and girls. In Uganda, although the overall prevalence of FGM/C is 0.3 percent of the population, FGM/C remains a harmful practice that constitutes a serious threat to the health of women and girls in communities that practice it. Despite existence of a national legal and policy framework that discourages FGM/C, progress in the eradication of the practice remains slow.
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Hoeberechts, Veronica Anne. "Oil Spills in New Zealand's Territorial Waters: Fence at the Top of the Cliff?" The University of Waikato, 2006. http://hdl.handle.net/10289/2406.
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Over the last four decades, there have been many catastrophic oil spills in the marine environment and these larger oil spills have often caused environmental devastation especially if they occurred in the coastal marine area. Serious ecological damage can also be caused from operational discharges, ballast and bilge water, from ships within territorial waters. Until now New Zealand has only had relatively minor oil spillages in its coastal waters, primarily from ships' discharge or accidental leaks in port. The possibility however of a major oil spill occurring within our coastal area is considerably higher today than 20 years ago as there has been a significant increase of all types of oil tankers/bulk carriers/container ships to New Zealand. New Zealand is an island nation that relies heavily on the marine environment for commercial operations such as fisheries and tourism and many New Zealanders enjoy recreational, aesthetic and spiritual ties to the coastal marine area. The sustainability of our territorial sea is therefore of paramount importance. A major oil spill could cause widespread ecological damage, cripple or destroy marine/tourism operations and ensure that the human values associated with the coast are lost, possibly for many years. The research reported here addresses the issue of oil spill preparedness and response in New Zealand's waters. A combination of a review of New Zealand's international commitments and domestic legislation and two case studies of high profile oil spills: the Poor Knights Islands Marine Reserve and the Jody F Millennium are used. The research identifies whether the present environmental legislation, that promotes sustainable management, is proactive in the prevention of a major oil spill and concludes that the New Zealand approach reflects a relatively strong Sustainable Imperative position rather than one of Sustainable Development. In implementation it relies heavily on co-management integrated at the regional council level.
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Bennett, Nigel David. "Change and continuity in school practice : a study of the influences affecting secondary school teachers' work, and of the role of local and national policies within them." Thesis, Brunel University, 1991. http://bura.brunel.ac.uk/handle/2438/5142.
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This thesis examines the impact of local and national education policies on teachers' practice in six secondary schools in two similar, non-contiguous, metropolitan authorities. Ten propositions on the relationship between policy and action were generated from a literature review and related to literature on school organisation and culture. Empirical data to test them were collected between September 1987 and July 1989, during the development of National Curriculum legislation and statutory instruments but prior to its implementation in secondary schools. Extended interviews were conducted with sixty-six teachers, the six Headteachers, and both Chief Inspectors. Detailed interview reports were confirmed as accurate with each interviewee. National influences were found to be important, particularly public examination reforms. This was attributed to their public use as indicators of school effectiveness, and to teachers' own positions resting on their own examination success for legitimacy. Personal professional values led to the LEA and its officers being dismissed as insignificant: factors internal to the school were more important. Chief among these was teachers' relationships with their departmental colleagues, especially how their perception of their needs and obligations as teachers of particular subjects, with particular epistemologies, affected departmental opportunities as management units to influence individual practice and require conformity to external requirements. Relations with senior staff were also important, and how far informal networks of power and influence operated against the formal hierarchies. Lastly, personal professional values stressed classroom experience as the only satisfactory basis for offering direction or guidance to teachers. This view of the teacher as expert emphasised that teachers must ultimately have autonomy to decide how best to handle classroom situations, and not only downgraded LEA staff and teacher education as sources of assistance, but also worked to prevent teachers from acknowledging problems to their colleagues.