Dissertations / Theses on the topic 'The Surrogacy (Regulation) Bill'

The decade long complete ban on surrogacy aimed to protect traditional and cultural values in Vietnam. However, in spite of the legal prohibition, the social and cultural pressure to produce offspring often led Vietnamese infertile couples to seek the help of surrogate women in the black market. In 2014, after long parliamentary debates, Vietnamese law makers allowed altruistic surrogacy, opening a new way to parenthood for infertile couples in the country. This research begins with an exploration of the legal and social background within which surrogacy operates in Vietnam. By examining the need for Vietnamese infertile couples to have genetically related children from religious and cultural perspectives, it explains why some couples chose surrogacy and made illegal surrogacy arrangements in spite of implications resulting from the black market. Through an examination of procreative autonomy and the right to procreate, the thesis provides explanations and justifications for the use of surrogacy by infertile couples in Vietnam. It demonstrates that by removing the total ban on surrogacy and allowing altruistic surrogacy, the Vietnamese state enabled its citizens to effectively exercise procreative autonomy and enjoy the right to procreate in their pursuit of family formation and happiness. Despite this progress the thesis identifies flaws in the current law on surrogacy and hence, brings forward proposals for further reforms of the law on surrogacy in Vietnam by referring to resolutions to similar problems under English law. It concludes by making clear recommendations for ways in which the current law can better support procreative autonomy and individual freedom to choose surrogacy as a means of overcoming infertility. This research will be structured into 6 main chapters (plus introduction and conclusion chapters). Chapter 1 provides an overview on the legal system in Vietnam. Chapter 2 examines the social and cultural context for surrogacy in Vietnam. Chapter 3 studies concerns over implications of the black market of surrogacy in Vietnam. Chapter 4 is a study on the right to procreate in the context of surrogacy. Chapter 5 conducts an in-depth analysis of procreative autonomy in the context of surrogacy. Chapter 6 analyses the flaws or imperfections in the current Vietnamese law on surrogacy. The conclusion chapter proposes recommendations for further legal reforms on surrogacy in Vietnam in years to come.

The 2008 Global Financial Crisis caused the collapse of a number of the so-called ?too-big-to-fail? financial institutions. The crisis highlighted the need to maintain and promote financial stability, by monitoring systemic risks in the financial system. One of the popular global trends in financial sector regulation in response to the crisis was a shift towards a Twin Peaks model. According to this model, the authority responsible for prudential regulation is given the power to designate certain institutions as systemically important financial institutions (SIFIs). Further, a number of international instruments have been published, setting out standards and guidelines for designation of SIFIs. South Africa is currently on the move towards the Twin Peaks model, which is facilitated by the Financial Sector Regulation Bill. This dissertation investigates the rationale behind SIFIs and the process of designating SIFIs in South Africa once the Bill is enacted as an Act. A comparative study of Australia and the U.S is undertaken and the conclusion is that South Africa should lean more towards the Australian approach of designating SIFIs.
Mini Dissertation (LLM)--University of Pretoria, 2016.
Mercantile Law
LLM
Unrestricted

Inside information is information that is non-public and not generally available to non-insiders. It is also information that has, or may have, a material effect on the price of a security listed on a regulated market, if that information should become public. A person who has access to such information may enjoy a significant and arguably unfair advantage over others in relation to trading in securities. The Financial Markets Act makes provision for the licensing and regulation of the activities of and on market infrastructures, namely exchanges, central securities depositories, clearing houses and trade repositories and also prohibits three forms of “market abuse”, namely insider trading, market manipulation and market disinformation. An insider who has inside information is not allowed to trade on that information and is obliged to disclose it publicly via appropriate channels. The Financial Markets Act is interwoven with other financial sector regulatory laws under the umbrella of the Financial Services Board Act, 97 of 1990. The latter Act is about to be replaced by a Financial Sector Regulatory Act. The proposed Act introduces a wide-ranging revision of financial sector law and impacts particulary on the regulatory framework for enforcing the prohibition of insider trading, more particularly administrative law aspects of regulating market abuse and insider trading. The purpose of the dissertation is to analyse the Financial Markets Act and the proposed Financial Sector Regulation Act and to evaluate the changes in insider trading regulation that are effected by the Financial Sector Regulation Act.
Mini Dissertation (LLM)--University of Pretoria, 2016.
Mercantile Law
LLM (CORPORATE LAW)
unrestricted

Inside information is information that is non-public and not generally available to non-insiders. It is also information that has, or may have, a material effect on the price of a security listed on a regulated market, if that information should become public. A person who has access to such information may enjoy a significant and arguably unfair advantage over others in relation to trading in securities. The Financial Markets Act makes provision for the licensing and regulation of the activities of and on market infrastructures, namely exchanges, central securities depositories, clearing houses and trade repositories and also prohibits three forms of "market abuse", namely insider trading, market manipulation and market disinformation. An insider who has inside information is not allowed to trade on that information and is obliged to disclose it publicly via appropriate channels. Financial Markets lS with other financial sector regulatory laws under umbrella of the Financial Services Board Act, 97 of 1990. The latter Act is about to be replaced by a Financial Sector Regulatory Act. The proposed Act introduces a wide-ranging revision of financial sector law and impacts particulary on the regulatory framework for enforcing the prohibition of insider abuse and insider trading. more The purpose of the dissertation is to analyse the Financial Markets Act and the proposed Financial Sector Regulation Act and to evaluate the changes in insider trading regulation that are effected by the Financial Sector Regulation Act.
Mini Dissertation (LLM)--University of Pretoria, 2017.
Mercantile Law
LLM
Unrestricted

Malawi reverted to multiparty politics in 1993.1 A new Republican Constitution,2 (the Constitution) with a Bill of Rights was provisionally adopted on 18 May 1994 and it entered into force on 18 May 1995.3 Chapter 3 thereof deals with fundamental principles upon which the Constitution is founded and Principles of National Policy (PNP). Section 13(c) of the Constitution which falls under the PNP deals with health. It is to the effect that ‘the State shall actively promote the welfare and development of the people of Malawi by progressively adopting and implementing policies and legislation aimed at achieving adequate healthcare, commensurate with the health needs of Malawian society and international standards of healthcare’. According to section 14 of the Constitution, PNP are only directory in nature. Courts are obliged to have regard to them in the interpretation and application of the Constitution or any other law or in the determination of the validity of executive decisions. In the light of the foregoing, arguably, the right to health is not justiciable under the Constitution.
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2010.
A dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Prof. Ben K. Twinomugisha of the Faculty of Law, University of Makerere. 2010.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM

The diploma thesis deals with realization of an Ayurvedic pavilion in the premises of Saint Katerina Resort. The proposed new compound is designed to extend the leisure services of the Saint Katerina Resort in Počátky. The feasibility study of the main technological stages of the project is solved in this diploma thesis. The construction of the object is described in the technical report. Both a detailed itemized budget of the construction and a detailed timetable to show the duration of each process is elaborated for the construction technology project. Futhermore, the design of site construction equipment, design of machine assembly, time deployment of machines and staff balance is elaborated. The project includes a technological regulation of the realization of the skeleton supporting frame structure and both control and test schedule. The work safety for the assembly of the wooden building supporting frame is composed.

The aim of this diploma thesis is the construction and technological solution of the warehouse and administrative building in Černá za Bory. The diploma thesis contains technological procedures for assembly of reinforced concrete skeleton and realization of industrial floor. This work solves problems that could arise during the assembly of the skeleton and realization of industrial floor. The thesis contains a construction technology project, a study of the implementation of the main technological stages, the situation of the construction with broader relations of transport routes, the project of construction site equipment and the main design of machines and mechanisms. Furthermore, I created a variant solution of skeleton assembly including financial and time evaluation. Since the project documentation that was provided to me did not include any details for the skeleton placement, I decided to develop design details for the skeleton placement. Subsequently, I developed a plan for occupational safety and health. As a part of this work I made a comparison of industrial floors, both in terms of performance and economic. In order to find out the time demands, I prepared an exact timetable for the implementation of the main building. In order to ensure high safety and quality, I prepared a control and testing plan for the assembly of the skeleton and for the implementation of industrial flooring.

This diploma thesis solves the construction technology project of the International Clinical Research Center of the St. Anne’s University Hospital, Brno (ICRC), namely the first stage of the construction of the buildings "B1" and "C1". It tries to design an ideal technological process of construction with respect of local conditions. Technologically it focuses mainly on the issue of special foundation, namely protection of excavation pit with secant pile wall and pile foundation. There are processed technological regulations, time and financial plans, construction budget, control and test plan, plan of heavy equipment and safety or environmental requirements. Everything is supplemented by attachments and drawing documentation.

In this diploma thesis two steel frame objects of a waste dump in Úholičky are solved. The aim is to resolve the chosen parts of a construction-technological project. The main topics for selected technological phases are transportation, bill of quantities, technological regulations, construction organization’s principles, time schedule, machinery, control and testing plan, work safety and worker’s health protection. These topics are prepared for the technological phases of ground works, fundamental contruction, upper load-bearing structure, construction of the floor and sheathing of the object. The thesis has also other parts which include static solution of a prestressed unit, budget by items, calculation of the object’s maintenance cost, handbook for bulding’s occupancy and proposal of construction contract.

University of the Witwatersrand Faculty of Humanities Political Studies Masters Research Report
In recent years India has witnessed a boom in transnational commercial surrogacy that promised an antidote for the apparently growing rates of infertility. The Union Cabinet, led by Prime Minister Narendra Damodar Modi, on the 24th of August 2016, introduced and seconded the Surrogacy (Regulation) Bill, 2016. The Bill is intended to regulate the ever prospering transnational commercial surrogacy industry by - amongst other things- excluding single parents, cohabiting partners, homosexuals, overseas citizens of India and foreign nationals from commissioning surrogacy services. The main objective of this research project was to investigate the ongoing debates about the ban on commercial surrogacy in one of the popular destinations of gestational surrogacy today; India. An interrogation of these debates reveals how they relate to key scholarly debates around the politics of reproduction, gendered bodies, sexuality, Hindu nationalism and shows the way in which legislation can be used as a state tool to reproduce patriarchy, and police sexuality. The research questions the government’s impetus in sanctioning a Bill that it claims will supposedly put an end to exploitation of surrogate mothers through a preferred option of so-called “altruistic surrogacy” over commercial surrogacy. The report suggests that with so-called “altruistic surrogacy”, the government is imposing on women that they should be reproductive gift givers and therefore should not claim or expect any payment for loss of livelihood and labour of gestation experienced in surrogacy. Facing an unregulated surrogacy industry, the Indian government has chosen a regulatory mechanism that allows the state to present itself as ‘saving’ vulnerable women.
GR2019

碩士
嶺東科技大學
經營管理研究所
95
Since 2005, the overuse of credit and cash advance cards in Taiwan already created a lot of personal "debt" problems. In order to solve these problems, the Judicial Yuan completed a draft of "the Bill of Consumer’s Debt Pay-off Regulation " on April 11th of 2006. Debtors can either adopt "Sanierung" (re-birth) or "Liquidation"(pay-off arrangement) method to solve their debt problems. And the Bill was not officially sent to Legislative Yuan to be review until September 2006.Owing to implementation of loose bankrupt law of America and Hong Kong, the number of bankrupts increased rapidly. To avoid the moral risk of above situation, causing the bad impressions on the public, we expect that the Bill can consider the rights and interests of both debtors and creditors by means of revising. The purpose of this study is to understand the opinions of bank employees, debtors and the public about apart of contents of this Bill. The findings were as follows：(1)Debtors have the most accurate understanding of this Bill and Bankruptcy Law, then the employees of bank and then the public.(2)The public, bank employees and debtors have different opinions for this Bill.(3)The effectiveness of mechanism of negotiation still needs a lot of efforts. Keywords：The Bill of Consumer’s Debt Pay-off Regulation, Bankruptcy Law

The Thesis deals with esthetical and legal issues of the Prostitution. The theoretical part analyses current situation regarding the prostitution, describes the prostitution and covers its historical development. The other part that deals with research brings an empiric results based on a quality strategy. Eight women have been approached and questioned on the basis of a self-selection method. The research results have been applied in the Thesis with regards to particular legal and ethical issues of the prostitution. The next chapter covers legal issues of the prostitution, shows current legal aspects and describes possible solutions how to deal with the prostitution within the legal framework. The final chapter deals with the ethical issues of the prostitution. It classifies and analyses the ethical aspects that have impact on our society and on individuals involved in prostitution. The Thesis covers a thorough analyses of ethical and legal aspects of the prostitution, supported by specialized literature and it also describes results of the conducted research. The Thesis also offers legal solutions pertaining to the prostitution in general and analyses ethical aspects that are connected with it.

The Regulation of Gatherings Act 205 of 1993 is a old order piece of legislation, but gives full recognition to the right to freedom of assembly and expression. These rights are entrenched in sections 16 and 17 of the Bill of Rights and enjoy a generous interpretation. Section 5 of the Act creates limitations on these rights, as the responsible officer of a local authority is allowed to prohibit a gathering when he has reasonable grounds to believe that the police will not be able to prevent traffic disruption, injury or substantial damage to property. Given the fact that this limitation serves to protect a compelling state interest, it constitutes a reasonable and justifiable limitation in terms of section section 36 of the Bill of Rights.
Law
LL.M.

Financial scandals worldwide have led to an auditing profession crisis. Society has lost confidence in the profession because of a growing perception that it does not act in the public interest, but in its own interest only. The way in which the auditing profession is regulated may impact positively or negatively on the value of the audit function. Consequently there is danger that the profession may lose its very reason for existence. Conversely, the profession has an opportunity to re-invent itself, and by so doing, regain the trust of society. The South African auditing profession, as elsewhere, has begun to recognise this situation as an opportunity to introduce changes to the regulation of the profession. These regulations are the key to society’s willingness to trust the outcome of the audit process. While the current regulations are obviously flawed, it is believed that, once revised, society may regain confidence and trust in the profession and its services. To this end the Draft Auditing Profession Bill, 2004 was published in November 2004. In this thesis the profession’s regulations, including the Draft Auditing Profession Bill, 2004, are evaluated in terms of factors that are central to an effective and credible regulatory system. The burning issues involving the auditing profession are also identified in this study, and evaluated. In comparison with changes already made in other countries, it appears that those important regulatory system factors and the key public interest issues of credibility and trust are inadequately addressed by the proposed auditing profession regulations. The fundamental reasons for this failure are the proposed composition and financing of the regulator and associated bodies. Hence, in this study a normative framework for regulating the auditing profession in South Africa is proposed in an effort to regain society’s trust.
Thesis (DCom (Accounting Sciences))--University of Pretoria, 2007.
Auditing
unrestricted

The diploma thesis The City Hall of Prague attitude towards prostitution is based on the constructivist paradigm and uses feminist theories. It examines, by means of a critical reading, the attitudes of the City Hall of Prague towards prostitution and its development in course of time. The period of investigation was determined by the beginning of municipal intention to introduce a regulatory bill. For this purpose all the relevant press releases from the period 2003 and 2015 were gathered. These documents are concerned with prostitution and they are accessible on press service section of www.praha.eu portal used by the City Hall as a medium for press releases. A theory part introduces basic concepts and trends in feminist debates concerning prostitution. The core of the thesis consists of four categories derived from the source data.These are: definition of prostitution, prostitution as a problem, needs and goals, and support and repression. The categories are treated critically from the viewpoint of feminist theories. The author follows not only the topics concerning prostitution, but also the way they are presented. There are also topics mentioned the City Hall neglects. The City Hall, by expressing and non-expressing its attitude towards partial themes, shapes their real form, development and...

La faillite internationale est une matière complexe qui a donné lieu à un long et vif débat doctrinal entre les tenants des systèmes de la territorialité et de l'universalité. Une faillite est internationale lorsqu'elle met en présence un débiteur possédant des biens ou des créanciers dans plus d'un pays. Puisque la matière de faillite est souvent très différente d'un pays à l'autre, l'application du système de la pluralité, retenue dans la plupart des pays, soulève plusieurs problèmes particulièrement en ce qui concerne la coordination entre les diverses faillites et le manque de protection des créanciers, notamment parce qu'elle accorde des effets limités à la reconnaissance des procédures de faillite étrangères. En effet, en présence de procédures de faillite concurrentes il s'agit de répondre aux questions suivantes: quelle est la juridiction compétente pour ouvrir et organiser la faillite? Quelle est la loi applicable? Dans quels États cette faillite va-t-elle produire des effets? Dans le présent mémoire, il s'agit d'établir une comparaison entre le système canadien et le système européen en matière de faillite internationale. Le législateur canadien a récemment envisagé de modifier sa législation sur la faillite pour permettre une meilleure coopération internationale en matière de faillite internationale. Le projet canadien C-55 reprend pour l'essentiel les dispositions contenues dans la loi-type de la commission des Nations-Unis pour le droit commercial international (CNUDCI) sur «l'insolvabilité internationale». Ainsi, il permet de faciliter réellement la reconnaissance des décisions de faillite étrangères, il accorde une plus grande portée aux effets de cette reconnaissance et il prévoit une coordination des procédures multiples en établissant une «hiérarchisation» des procédures de faillite relativement semblable au système européen. Cependant, le projet canadien atteint moins bien l'objectif d'universalité que le Règlement européen 1346/2000 au niveau du traitement égalitaire entre les créanciers locaux et les créanciers étrangers. Si la loi-type offre à tous les États une utilité pratique considérable pour les nombreux cas de coopération internationale, l'harmonisation de la faillite internationale dépendra de son adoption dans les différentes législations. Bien que plusieurs pays aient inséré ce modèle dans leur législation sur la faillite, il n'est pas encore possible, à l'heure actuelle, de parler d'un droit international de la faillite.
International insolvency is a complex subject that has given rise to a long and sharp doctrinal debate between supporters of systems of territorialism and of universality. An insolvency is international where a debtor possesses goods or creditors in more than one country. Since the matter of bankruptcy is often very different from one country to another, the application of the system of plurality, which is retained in the majority of countries, raises several problems, particularly with regard to the coordination between several bankruptcies and the lack of protection of creditors, largely because plurality grants effects that are limited to the recognition of the foreign bankruptcy procedures. Indeed, in the presence of concurrent procedures of bankruptcy, the following questions must be addressed: Which is the court having jurisdiction to open and organize the bankruptcy? Which law is applicable? In which States will this bankruptcy produce effects? This thesis will establish a comparison between the Canadian system and the European system with respect to international bankruptcy. The Canadian legislator recently planned to modify its legislation on bankruptcy in order to better foster international co-operation in the realm of international bankruptcy. The Canadian Bill C-55 largely reiterates the provisions contained in the Model Law on cross border insolvency (UNCITRAL). Bill C-55 thus facilitates the recognition of foreign decisions of bankruptcy, it grants a greater scope to the effects of this recognition and it aims to coordinate multiple bankruptcy procedures by establishing a "hierarchisation" there of that is relatively similar to the European system. However, the Canadian project does not achieve the goal of universality as well as does the European regulation 1346/2000 with respect to equal treatment between local creditors and foreign creditors. If the Model Law offers all States the considerable practical utility for many incidences of international co-operation, the harmonization of international bankruptcy will depend on the adoption of the Model Law in various domestic legislations. Although several countries have inserted this model in their legislation on bankruptcy, it is not yet possible, at the present time, to speak of an international law of bankruptcy.

The thesis deals with the emergence of bank and non-bank entities that provide a range of unique transaction-based payment services broadly called Mobile Financial Services (MFS) to unbanked, underserved and underbanked persons via mobile phones. Models of MFS from Mobile Network Operators (MNOs), banks, combinations of MNOs and banks, and independent Mobile Financial Services Providers are covered. Provision by non-banks of ‘bank-type’ services via mobile phones has been termed ‘transformational banking’ versus the ‘additive banking’ services from banks. All involve the concept of ‘branchless banking’ whereby ‘cash-in/cash out’ services are provided through ‘agents.’ Funds for MFS payments may available through a Stored Value Product (SVP), particularly through a Stored Value Account SVP variant offered by MNOs where value is stored as a redeemable fiat- or mobile ‘airtime’-based Store of Value. The competitive, legal, technical and regulatory nature of non-bank versus bank MFS models is discussed, in particular the impact of banking, payments, money laundering, telecommunications, e-commerce and consumer protection laws. Whether funding mechanisms for SVPs may amount to deposit-taking such that entities could be engaged in the ‘business of banking’ is discussed. The continued use of ‘deposit’ as the traditional trigger for the ‘business of banking’ is investigated, alongside whether transaction and paymentcentric MFS rises to the ‘business of banking.’ An extensive evaluation of ‘money’ based on the Orthodox and Claim School economic theories is undertaken in relation to SVPs used in MFS, their legal associations and import, and whether they may be deemed ‘money’ in law. Consumer protection for MFS and payments generally through current statute, contract, and payment law and common law condictiones are found to be wanting. Possible regulatory arbitrage in relation to MFS in South African law is discussed. The legal and regulatory regimes in the European Union, Kenya and the United States of America are compared with South Africa. The need for a coordinated payments-specific law that has consumer protections, enables proportional risk-based licensing of new non-bank providers of MFS, and allows for a regulator for retail payments is recommended. The use of trust companies and trust accounts is recommended for protection of user funds. | vi
Public, Constitutional and International Law
LLD