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Shyian, Yu V. "Theoretical-legal aspects of state’s informational policy." Thesis, Прінт-копі-центр "Вектор", 2020. https://er.nau.edu.ua/handle/NAU/45702.
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Today, Ukraine is making the transition from industrial to information society. Unfortunately, at the present stage no law has been adopted that would define the concept of state information policy of Ukraine.
Accordingly, there is no single plan, single state position or strategy for the development of the information industry in the country. At the same time, it belongs to the strategic interests of any country and needs
special attention, so today the study of the information policy of the state is relevant.
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Makeiev, A. O. "Theoretical-legal aspects of aviation transportation organization." Thesis, Makeiev A. O. Theoretical-legal aspects of aviation transportation organization / A. O. Makeiev // Молодіжний науковий юридичний форум: [матеріали ІІ Міжнародної науково-практичної конференції до Дня науки, м. Київ, 16-17 травня 2019 р.]. – Тернопіль: Вектор, 2019. – С. 94–96, 2019. http://er.nau.edu.ua/handle/NAU/38830.
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Air transportation occupies one of the leading places in the market for passenger and luggage transportation service. For Ukraine, air transportation provides the output of Ukrainian manufacturers to world markets, as a
significant part of the population chooses air transport to move around the world. Exploitation of air transport forms the basis of the transport system of Ukraine and covers all spheres of public life in the state, and thus it contributes to the implementation of national interests in air transportation. In Ukraine, much effort is being made to comply with international standards in this area by signing the main international agreements regulating the carriage of goods and passengers by air.
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Novelli, Claudio <1992>. "AI and legal personhood: a theoretical survey." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2022. http://amsdottorato.unibo.it/10392/1/Legal%20Personhood_A%20theoretical%20survey%20%281%29.pdf.
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I set out the pros and cons of conferring legal personhood on artificial intelligence systems (AIs), mainly under civil law. I provide functionalist arguments to justify this policy choice and identify the content that such a legal status might have. Although personhood entails holding one or more legal positions, I will focus on the distribution of liabilities arising from unpredictably illegal and harmful conduct. Conferring personhood on AIs might efficiently allocate risks and social costs, ensuring protection for victims, incentives for production, and technological innovation. I also consider other legal positions, e.g., the capacity to act, the ability to hold property, make contracts, and sue (and be sued). However, I contend that even assuming that conferring personhood on AIs finds widespread consensus, its implementation requires solving a coordination problem, determined by three asymmetries: technological, intra-legal systems, and inter-legal systems.
I address the coordination problem through conceptual analysis and metaphysical explanation. I first frame legal personhood as a node of inferential links between factual preconditions and legal effects. Yet, this inferentialist reading does not account for the ‘background reasons’, i.e., it does not explain why we group divergent situations under legal personality and how extra-legal information is integrated into it. One way to account for this background is to adopt a neo-institutional perspective and update its ontology of legal concepts with further layers: the meta-institutional and the intermediate. Under this reading, the semantic referent of legal concepts is institutional reality. So, I use notions of analytical metaphysics, such as grounding and anchoring, to explain the origins and constituent elements of legal personality as an institutional kind. Finally, I show that the integration of conceptual and metaphysical analysis can provide the toolkit for finding an equilibrium around the legal-policy choices that are involved in including (or not including) AIs among legal persons.
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Ibekwe, Chibuko Raphael. "The legal aspects of cybercrime in Nigeria : an analysis with the UK provisions." Thesis, University of Stirling, 2015. http://hdl.handle.net/1893/22786.
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Cybercrime offences know no limits to physical geographic boundaries and have continued to create unprecedented issues regarding to the feasibility and legitimacy of applying traditional legislations based on geographic boundaries. These offences also come with procedural issues of enforcement of the existing legislations and continue to subject nations with problems unprecedented to its sovereignty and jurisdictions. This research is a critical study on the legal aspects of cybercrime in Nigeria, which examines how laws and regulations are made and applied in a well-established system to effectively answer questions raised by shortcomings on the implementation of cybercrime legislations, and critically reviews various laws in Nigeria relating or closely related to cybercrime. This research will provide insight into current global cybercrime legislations and the shortfalls to their procedural enforcement; and further bares the cybercrime issues in Nigeria while analysing and proffering a critique to the provisions as provided in the recently enacted Nigerian Cybercrime (Prohibition and Prevention) Act 2015, in contradistinction to the existing legal framework in the United Kingdom and the other regional enactments like the Council of Europe Convention on Cybercrime, African Union Convention on Cybersecurity and Personal Data Protection 2014, and the ECOWAS Directive on Cybercrime 2011.
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Siswantoro, Hari. "Automated Analysis and Synthesis for the Compliance of Privacy and Other Legal Provisions." Doctoral thesis, Università degli studi di Trento, 2018. https://hdl.handle.net/11572/368988.
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Enforcing legal compliance into software systems is a non-trivial task that requires an interdisciplinary approach. This thesis presents a new methodology for legal compliance checking against European legal provisions, namely the EU Data Protection Directive, the EU General Data Protection Regulation and the revised EU Payment Services Directive. We propose two types of compliance checking mechanisms that should be exploited at design-time or run-time. The former is based on security policy analysis of access control policies. The later is built on top of an approach to synthesizing run-time monitors for workflow-driven applications. Our contributions include a comprehensive methodology for legal compliance checking, the formalization of the regulations and the prototype tool of the implemented compliance methodology.
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Siswantoro, Hari. "Automated Analysis and Synthesis for the Compliance of Privacy and Other Legal Provisions." Doctoral thesis, University of Trento, 2018. http://eprints-phd.biblio.unitn.it/2914/1/Hari_thesis.pdf.
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Enforcing legal compliance into software systems is a non-trivial task that requires an interdisciplinary approach. This thesis presents a new methodology for legal compliance checking against European legal provisions, namely the EU Data Protection Directive, the EU General Data Protection Regulation and the revised EU Payment Services Directive. We propose two types of compliance checking mechanisms that should be exploited at design-time or run-time. The former is based on security policy analysis of access control policies. The later is built on top of an approach to synthesizing run-time monitors for workflow-driven applications. Our contributions include a comprehensive methodology for legal compliance checking, the formalization of the regulations and the prototype tool of the implemented compliance methodology.
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Yie, Andoh Ernest Nyame. "THEORETICAL AND LEGAL ASPECTS OF LEGAL EDUCATION IN THE REPUBLIC OF GHANA." Thesis, Сучасна правова освіта: [матеріали VIІ Міжнародної науково-практичної конференції, Київ, Національний авіаційний університет, 23 лютого 2018 р.]. – Тернопіль: «Вектор», 2018, 2018. http://er.nau.edu.ua/handle/NAU/32828.
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Letarte, Lyne. "Régime juridique des provisions de bord en droit aérien = Legal status of aircraft stores." Thesis, McGill University, 1987. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=63834.
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Hutchens, Neal H. "A comparative legal analysis of state constitutional autonomy provisions for public colleges and universities." College Park, Md.: University of Maryland, 2007. http://hdl.handle.net/1903/7743.
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Thesis (Ph. D.) -- University of Maryland, College Park, 2007.<br>Thesis research directed by: Dept. of Education Policy and Leadership. Title from t.p. of PDF. Includes bibliographical references. Published by UMI Dissertation Services, Ann Arbor, Mich. Also available in paper.
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Herbst, Robert M. "Legal provisions for evangelical poverty in the Order of Friars Minor Conventual, 1206-1260." Online full text .pdf document, available to Fuller patrons only, 2001. http://www.tren.com.
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Zamboni, Mauro. "The policy of law : a legal theoretical framework /." Stockholm : Stockholms universitet, 2004. http://www.diva-portal.org/su/theses/abstract.xsql?dbid=220&lang=en.
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Yie, Andoh Ernest Nyame. "THEORETICAL AND LEGAL ASPECTS OF CYBERCRIMES IN GHANA." Thesis, Юриспруденція в сучасному інформаційному просторі: [Матеріали ІХ Міжнародної науково-практичної конференції, м. Київ, Національний авіаційний університет, 1 березня 2019 р.] Том 1. – Тернопіль: Вектор, 2019. – 394 с, 2019. http://er.nau.edu.ua/handle/NAU/38073.
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Levanon-Morag, Liat. "The offence of rape : theoretical conceptions and legal definitions." Thesis, University of Cambridge, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.612723.
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Leung, Moon-keung Thomas, and 梁滿強. "An analysis of the administrative and legal provisions relating to right of abode in Hong Kong." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1991. http://hub.hku.hk/bib/B31963912.
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Whelan, Peter Michael. "The criminalisation of European antitrust enforcement : theoretical and legal challenges." Thesis, University of Cambridge, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.609488.
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Миронець, Оксана Миколаївна, and В. П. Аляб'єва. "Theoretical-legal aspects of a right of nations’ self-determination." Thesis, Тернопіль: Вектор, 2019. http://er.nau.edu.ua/handle/NAU/39077.
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Among recognized right for the peoples, there is a right of selfdetermination. It is possible to determine this possibility as a real right to decide their own legal status, their present, and future, more else it may mean the
formation of another country by their own will. On the one hand, this right is given to the people according to the general principles of International Public Law. On the other hand, its implementation may be really just according to an order accepted by the international community. Otherwise, it may violate one more imperative principle of International Law that is territorial integrity and inviolability of its borders. It is quite important to understand its content because nowadays, for example, because of the situation with the Crimean
Autonomous Republic, the misunderstanding of this principle leads to conflicts between states.
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Zia, Ullah Muhammad. "Honour Killings In Pakistan: Under Theoretical, Legal and Religious Perspectives." Thesis, Malmö högskola, Fakulteten för kultur och samhälle (KS), 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-22840.
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This research sets out to examine the main excuses, often mentioned in connection to the so-called “honour killings” in Pakistan. In this way, the aim is to discuss the idea of “honour killings” by looking at trends and patterns in this kind of homicides in Pakistan. This study also explores what legal and judicial obstacles stand in the way of putting an end to the abuse of killing women in the name of honour.The first part is mainly theoretical and analytical. In this part a set of concepts is theorized as the notion of patriarchy, public/private division and cultural globalization. These theories test the empirical data of “honour killing” in the last decade and try to find their role in the society of Pakistan. This study also analyzes the “honour killing” cases in a different way by telling stories. Second part contributes to the research regarding Islam the official religion of Pakistan. This section mainly concerns the status of women in Islam and their rights of life and free will to choose their spouses. This study also tries to remove the misconception in the minds of the West regarding Islamic teachings towards women.This study proceeds mainly under the qualitative method with the supplementary help of quantitative method. At the end, the thesis bears some finding under the abductive technique. The results show that the tested theories have a significant role in upholding the ancient practice of “honour killings” in Pakistan, and Qur’aanic and Prophetic Islam has no link with the abuse of “honour killing” in general. It is ancient tribal phenomena that have entered in some cultural norms of the society.
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Markou, Christopher Phillip Stephen. "Law and artificial intelligence : a systems-theoretical analysis." Thesis, University of Cambridge, 2018. https://www.repository.cam.ac.uk/handle/1810/278977.
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Law and technology regularly conflict. The reasons for this are several and complex. Some conflicts are trivial and straightforwardly resolvable. Others, such as the creation of artificial minds, are not. History indicates that when law and technology conflict; both systems can adapt—often over periods of time—to new social circumstances and continue performing their societal functions. Simply: law and technology co-evolve. However, if the legal system is to retain its autonomous role in society, what are its adaptive limits in the context of profound, and perhaps unprecedented, technological changes? My thesis addresses the question of whether, and if so, to what extent, the legal system can respond to ‘conflicts’ with increasingly complex and legally problematic technological change. It draws on theories of legal and social evolution—particularly the Social Systems Theory (SST) of Niklas Luhmann—to explore the notion of a ‘lag’ in the legal system’s ability to respond to technological changes and ‘shocks’. It evaluates the claim that the legal system’s ‘lagged’ response to technological change is a deficit of its functioning. ‘Lag’ may be both good and bad. It allows the law to be self-referential while also limiting its effectiveness in controlling other sub-systems. Thus there is an implicit intersystemic trade-off. The hypothesis here: ‘lag’ is an endogenous legal advantage that helps to ensure the legal system’s autonomy, as well as the continuity of legal processes that help ameliorate potentially harmful or undesirable outcomes of science and technology on society and the individual. The legal system can adjust to technological change. However, it can only adjust its internal operations, which takes time and is constrained by the need to maintain legal autonomy—or in SST terms—sits autopoiesis. The signs of this adjustment are the conceptual evolution of legal concepts and processes related to new technological changes and risks, among other things. A close reading of Anglo-American legal history and jurisprudence supports this. While legal systems are comparatively inflexible in response to new technologies—due to doctrinal ossification and reliance upon precedent and analogy in legal reasoning—an alternative outcome is possible: the disintegration of the boundary between law and technology and the consequential loss of legal autonomy. The disintegration of this boundary would consequentially reduce society’s capacity to mediate and regulate technological change, thus diminishing the autopoiesis of the legal system. A change of this kind would be signalled by what some identify as the emergence of a technological ordering—or a ‘rule of technology’—displacing and potentially subsuming the rule of law. My thesis evaluates evidence for these two scenarios—the self-renewing capacity of the legal system, on the one hand, or its disintegration in response to technological change, on the other. These opposing scenarios are evaluated using a social ontological study of technology generally, and a case study using Artificial Intelligence (AI) specifically, to identify and predict the co- evolutionary dynamics of the law/technology relationship and assess the extent to which the legal system can shape, and be shaped by, technological change. In assessing this situation, this thesis explores the nature of AI, its benefits and drawbacks, and argues that its proliferation may require a corresponding shift in the fundamental mechanics of law. As AI standardises across industries and social sub-systems, centralised authorities such as government agencies, corporations, and indeed legal systems, may lose the ability to coordinate and regulate the activities of disparate persons through ex post regulatory means. Consequentially, there is a pressing need to understand not just how AI interfaces with existing legal frameworks, but how legal systems must pre-adapt to oncoming, and predominately unexplored, legal challenges. This thesis argues that AI is an autopoietic technology, and that there is thus a corresponding need to understand its intersystemic effects if there is to be an effective societal governance regime for it. This thesis demonstrates that SST provides us with the shared theoretical grammar to start and sustain this dialogue.
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Chiti, Lannette. "A Critical Analysis of the Legal Provisions for Responding to Environmental Emergency Incidents in South Africa, with Particular Emphasis on the National Environmental Management Act (NEMA) Emergency Provisions." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/4468.
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The aim of this thesis is to examine the legislative provisions relating to emergency incidents in South Africa and to determine whether they provide an adequate and effective national response mechanism for dealing with such incidents, as well as legal and other related issues, which arise as a consequence thereof, such as liability for damage to the environment and property; injury to persons; and compensation.
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Degboe, Dario. "Le reclassement des actes juridiques en droit constitutionnel français." Thesis, Reims, 2015. http://www.theses.fr/2015REIMD001.
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Au stade de leur entrée en vigueur, la valeur des actes juridiques est essentiellement formelle. Cette force n'est cependant pas immuable. Divers mécanismes sont susceptibles de conférer aux actes juridiques une nouvelle valeur fonction de leur caractère (ou nature). Ce caractère repose sur une distribution des compétences matérielles entre les organes habilités à édicter des actes juridiques de portée générale. Ainsi, la prise en compte du critère matériel amène à reconsidérer la valeur des actes juridiques et de leurs dispositions. Le reclassement étudie les modalités par lesquelles les actes juridiques acquièrent une force autre que celle dont ils étaient initialement pourvus.De façon générale, la transmutation de l'acte juridique est due à une incompétence positive signalée, parfois rectifiée, mais non censurée par le juge : la délégalisation, le reclassement des « neutrons organiques », le reclassement des actes nationaux empiétant sur les compétences des institutions d'outre-mer, etc. Certains mécanismes de reclassement sont institués – la ratification des ordonnances –, d'autres sont incidents – les renvois organiques –. Les conséquences du reclassement constituent l'essentiel de l'étude. La valeur juridique détermine le régime applicable à chaque acte. Mais les instrumenta peuvent n'être que partiellement reclassés. Dans ce cas, chaque disposition est pourvue d'une force juridique propre. Après le reclassement de l'acte, l'autorité d'édiction perd sa compétence de modification et d'abrogation. Le régime contentieux de l'acte reclassé est remanié. L'étude du reclassement éclaire la distinction entre la valeur des sources formalisées et la valeur des normes juridiques, c'est-à-dire, de leurs significations prescriptives<br>The instrumenta takes effect with legal force that is not immutable. Various mechanisms may give new strength to these legal acts and their provisions. These new strengths are then altered according to its distribution among the establishments empowered to enact legal measures of general application. This force is often determined by a distribution of material powers between the bodies empowered to pass legal acts of general application. This sharing is accomplished by various texts such as the Constitution or organic legislation. If the value of the acts are essentially formal at the stage of their entry into force, taking into account the material criterion this would lead to the reconsideration of their strength. Their reclassification is the process of studying the ways in which the legal acts acquire another force than they were originally filled.Generally, the transmutation of the legal act is not invalid due to incompetence, but simply corrected by the judge: the delegalisation and reclassification of neutral organic acts; the reclassification of national acts encroaching on the powers of the institutions of overseas, etc. Some reclassification mechanisms are instituted - the ratification of orders - and others are incidents - organic references - the consequences of the reclassification constitute the bulk of the study. The value determines the legal regime applicable to each act. But the Instrumenta may be only partially reclassified. In this case, each provision is provided with its own legal force. After reclassification, the enactment of authority loses its modification of skills and repeal the act (or its provisions). Sue to the act being reclassified, the litigation regime is overhauled. These theoretical implications are nonetheless not always observed in practice. The study of the reclassification and litigation that is generated confirms the distinction between the value of formal sources and the value of legal norms, in other words, their prescriptive meanings
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Kuan, Kelvin Ting-Chia. "Auditor independence : an analysis of the adequacy of selected provisions in CLERP 9." Thesis, Queensland University of Technology, 2014. https://eprints.qut.edu.au/75914/1/Kelvin_Kuan_Thesis.pdf.
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Worldwide corporate collapses in the past have highlighted various weaknesses in corporate governance, which included auditor independence. This thesis advocates the use of private interest theory as a framework to evaluate proposals for law reform related to the independence of external company auditors. This study argues that the current regulation of auditor independence falls short of the 'ideal independence' required by the general public. This is because the regulation was developed, in some instances, to serve the private interests of powerful lobby groups rather than the public interest. This research concludes that there is a case for reform of the existing requirements in the Corporations Act 2001 (Cth) in respect of auditor independence.
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Del, Mar Maksymilian. "Jurisprudential inquiries between discourse and tradition : towards the incompleteness of theoretical pictures." Thesis, University of Edinburgh, 2009. http://hdl.handle.net/1842/3237.
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This thesis offers an alternative history of theoretical pictures of law and legal work. It argues that these theoretical pictures can be understood as giving primacy to either the explanatory paradigm of discourse on the one hand, or to the explanatory paradigm of tradition on the other. Broadly speaking, discourse-oriented explanations of law and legal work tend to focus on the nature, function and status of normative requirements themselves. Tradition-oriented explanations, on the other hand, tend to focus on the long-term acquisition and transmission, in specific contexts, of common ways of seeing and doing. The first part of the thesis is composed of five sections. The first four are dedicated to revealing the basic features of the above-mentioned explanatory orientations, i.e., law-as-discourse (IA1), legal-work-as-discourse (IA2), law-astradition (IB1), and legal-work-as-tradition (IB2). The fifth section (IC) uses these basic features to read five distinct works in legal theory as oscillating between the two explanatory paradigms. The second part of the thesis argues that to the extent that we recognise that jurisprudential inquiries are oriented towards either the explanatory paradigm of discourse or that of tradition, we are on our way to recognising the incompleteness of theoretical pictures of law and legal work. This second part offers three further arguments, which are designed to encourage the adoption of an attitude that acknowledges the incompleteness of the results of one’s inquiries. First, it is shown that truth can be the aim of an inquiry, but that this is not incompatible with incompleteness understood from the first person post factum perspective (IIA). Second, it is argued that the results of one’s inquiry are not complete because an inquiry only ever appears complete to one when (and only when) one does not problematise its central terms (IIB). Third, and finally, it is argued that the highly intensive mode of self-reflection engaged in by theorists practicing the examined life may lead to certain limitations in the construction of theoretical pictures (IIC).
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Zhou, Tian Shu. "China's legal reform of corporate governance : from theoretical research to practical solutions." Thesis, University of Edinburgh, 2012. http://hdl.handle.net/1842/6416.
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There are two tasks of this dissertation. Firstly, it will make a contribution from a theoretical perspective. Some Western scholars conclude that rules and institutions transplanted from Western jurisdictions have not worked well in the Chinese legal system so far. This is because the level of consistency between the transplanted rules or institutions and the local context is still at a low level. However, this dissertation takes a different position. By solving a series of unanswered questions, it will make a theoretical contribution to the scholarship on comparative corporate governance in the context of the transitional economy. By and large, it will answer the question: "why can China, as representative of a transitional economy, not escape from the faith of legal transplant in its legal reform of corporate governance". Secondly, this dissertation will make a contribution from a practical perspective. Many Chinese lawyers and Western scholars complain that Chinese company law is suffering deeply from the problem of ambiguity. Indeed, it is poorly and inconsistently drafted. There is, nevertheless, no systematic study on how to solve this problem in a pragmatic manner. In light of the proposed theoretical research, this dissertation will provide an important response on this issue. It rebuilds the director's fiduciary duties and shareholder's fiduciary duties by inserting some workable legal rules from the UK into the existing legal regime in China.
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Poggi, Francesca. "General Jurisprudence as analysis of the fundamental theoretical concepts of legal system." Derecho & Sociedad, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/119019.
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This essay proposes a conception of the general jurisprudence as a conceptual analysis aiming at inquiring the fundamental theoretical concepts of a given legal system. The author clarifies her proposal by analysing its key-terms, and, in particular, by explaining what should be the object of the general jurisprudence, in which sense it should be said “general”, what should be its methods, its epistemic status and its relations with related disciplines.<br>En este ensayo, la autora propone una concepción de la teoría general del derecho como análisis de los conceptos teóricos fundamentales de un ordenamiento jurídico. Tal concepción, que no se pretende exclusiva, si no que bien puede convivir con enfoques diferentes y diferentes modos de entender la disciplina, está articulada por medio de un análisis del significado atribuido a sus términos-clave, mediante el cual se intenta mostrar cómo ésta conciba al objeto de la teoría general del derecho, su carácter de generalidad, su estatus epistemológico y sus relaciones con las disciplinas afines.
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Миронець, Оксана Миколаївна, and Tigadi Nageshwar. "Theoretical and legal aspects of human security in the republic of India." Thesis, Київський кооперативний інститут бізнесу і права, 2017. http://er.nau.edu.ua/handle/NAU/35620.
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Carnes, Susan Carle. "Corporal Punishment in American Education from a Historical, Legal, and Theoretical Perspective." Thesis, North Texas State University, 1985. https://digital.library.unt.edu/ark:/67531/metadc500419/.
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This paper discusses corporal punishment as a disciplinary method in American public schools. The effectiveness of corporal punishment is investigated. Chapter I introduces corporal punishment as a pertinent educational issue. Chapter II discusses the historical development of corporal punishment. Chapter III discusses the legal ramifications of corporal punishment. Chapter IV looks at surveys and studies that have been conducted in regard to the issue. Chapter V discusses a survey of teachers in Lewisville, Texas. Teachers responded to 42 statements pertaining to corporal punishment. Chapter VI concludes that research indicates that corporal punishment will not be effective unless it is administered harshly and consistently. The paper concludes that corporal punishment will not be necessary if higher educational institutions train teachers in alternative methods.
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Gah, Dadehys Noellie Prisca. "How ECOWAS negotiating team can strenghen the legal provisions of Cote D'Ivoire EPA as to benefit the whole region : a legal analysis of the Cote D'Ivoire interim EPA." Diss., University of Pretoria, 2010. http://hdl.handle.net/2263/28472.
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The paper examines through a legal analysis of some articles of the Cote d’Ivoire Stepping Stone Agreement, how ECOWAS can strengthened its approach in negotiating a comprehensive EPA for the region. These articles are scrutinized with a special focus on market access as to point out fields that need to be re-thinked with regard objectives set out in the agreement. It is argue that current bilateral and multilateral Trade and Investment Agreements are shrinking in their legal framework the policy space need for development in countries that need it the most. This study, underlines the fact that the legal provisions contain in the Cote d’Ivoire IEPA do reduce actually its ability to set up policies tool aim at achieving development goals. It is the sustainability of the IEPA legal provisions that is questioned under this topic with regard to sensitive issues such as the safeguard measures, the stand still clause, the MFN clause, the Rules of Origin etc….. In so doing, the analysis reveals as well the ambiguity of the IEPA relationship with the Cotonou Agreement and the multilateral trade rules of the WTO. This ambiguity is highlighted in an attempt to drawn the attention of the region on the fact that; if there is indeed a need to update the Economic Partnership Agreement currently negotiating with the EC, this cannot be done without first of all updating the negotiating approach of the region. In fact, its weak bargaining approach coupled with that overwhelming of the EC has resulted in the agreement currently on the table. Substantial changes can be made with this regard by acknowledging the insufficiencies in the legal framework of the IEPA but also in learning lesson from mistakes the region itself and Cote d’Ivoire have done in negotiating EPAs and its Interim version. Thus, since EPAs often triggered the debate on liberalization and what it may carry in terms of consequences on developing countries’ economies, examples of countries that took a different step toward liberalization and whose current situation may be use as a testimony by ECOWAS are quoted. Finally, propositions are made to ECOWAS region as to enlarge current development space while battling for more flexibility under the EPA.<br>Dissertation (LLM)--University of Pretoria, 2010.<br>Centre for Human Rights<br>unrestricted
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Jonsson, Anna. "Judicial Review and Individual Legal Activism : The Case of Russia in Theoretical Perspective." Doctoral thesis, Uppsala : Faculty of Law & Department of East European Studies, Uppsala University, 2005. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-5811.
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Berzins, Kathryn Mara. "Mental health service users’, carers’ and professionals’ perceptions of the named person provisions of the Mental Health (Care and Treatment) (Scotland) Act 2003." Thesis, University of Glasgow, 2009. http://theses.gla.ac.uk/927/.
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Background: The Mental Health (Care and Treatment) (Scotland) Act 2003 reduced the role of the nearest relative, identified by a hierarchy of relationships, who previously could admit and discharge a patient as well as receive information about their care. This role is now reduced to one of receiving basic information only and the hierarchy for identification has been modernised. Service users may now nominate a named person with similar rights to service users to help protect their interests. This person cannot admit or discharge but is entitled to information and consultation about their care. If a patient has not appointed a named person, then the primary carer is appointed by default and, if there is no primary carer, the nearest relative assumes the position. Aims: To explore service users’, carers’ and professionals’ perceptions and experience of the named person provisions. Method: Twenty service users, ten carers, seven MHOs and nine professionals with influence on government policy were interviewed about their experiences. Interviews were carried out face-to-face (service users and some carers) and by telephone (carers, MHOs and policy influencers). The resulting transcripts were analysed using thematic analysis. Findings: The majority of all interviewees welcomed the introduction of the named person provisions because of the increased choice it gave service users. Service users often did not wish to nominate their nearest relative, many choosing to nominate a friend. Important factors in making a nomination were that the nominee knew the service user’s wishes and could be trusted to carry them out. Some service users chose not to nominate relatives to spare them responsibility. However, the provisions were not without their problems; uptake was perceived to be low and there were particular problems in relation to the level of understanding of the implications of a nomination by service users and of the lack of accessible information and support to increase this understanding. The imbalance of power in relationships between service users, carers and professionals was thought to impact on the autonomous choices of service users and carers. Further problems were identified with named persons appointed by default in relation to service user choice and confidentiality. Conclusion and recommendations: Although the choice is welcome to some service users, there appears to be a lack of full understanding of the role, and continued awareness-raising is required with service users, carers and professionals which should further be supported by accessible information for both service users and carers. There is currently a lack of support for carers in particular and it is recommended that this be addressed using carers’ services. It seems that many named persons are being appointed by default (itself an anomaly in Scots law) which threatens human rights, because of the lack of choice of the service user about who is involved in their care and their inability to prevent the sharing of confidential information with the default named person. The current lack of a right of service users to reject having a named person at all restricts choice and autonomy, and may further place unwanted responsibilities on carers and relatives which are difficult to remove. To ensure that service users’ rights are fully protected, the named person should become an optional nominated position and the default mechanisms removed.
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Lebesgue, Sonia. "Principes de protection du patrimoine architectural mondial = Legal and theoretical aspects of architectural conservation." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape9/PQDD_0017/MQ55103.pdf.
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Jonshult, Patrick. "LEGAL BASIS CONFLICTS REGARDING EU EXTERNAL ACTIONS : Upholding the key properties of the CFSP and the AFSJ provisions when negotiating and concluding international agreements." Thesis, Uppsala universitet, Juridiska institutionen, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-266941.
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Since the competence provided in the CFSP and the AFSJ areas in certain situation can overlap, issues have arisen in the recent case law and literature concerning the choice of legal basis. The provisions of the two policy areas concern important international areas and the institutional balance, which is based on what legal basis is chosen, leads to a number of institutional consequences such as division of power between the Member states and the Union’s institutions. The idea behind this paper is to display an ample and just picture of a complicated situation in order to highlight the issues at hand that have arisen due to the complexness of the legal framework. If one of the policy areas are chosen as the correct legal basis, different rules in the treaty applies, which leads to different distribution of power since different institutions in EU play different roles depending on legal basis. The purpose of this work is therefore to analyse the external dimension of the AFSJ and the CFSP rules and examine how the correct legal basis can be determined by the legislator at the same time as the Member States and the EU’s ability to fulfil their objectives and goals is not undermined.
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Столяренко, О. М. "Нормативно-правове забезпечення організації та методики аналізу ймовірності банкрутства неплатоспроможних підприємств". Thesis, Українська академія банківської справи Національного банку України, 2011. http://essuir.sumdu.edu.ua/handle/123456789/62196.
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Guo, Yuchen. "Public participation in the marine spatial planning process : lessons learned from theoretical, legal, and empirical perspectives." Thesis, University of Hull, 2017. http://hydra.hull.ac.uk/resources/hull:16468.
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Public participation is a crucial component in environmental decision-making. The accepted wisdom is that participatory decision-making is a good thing. However, there is no single solution for designing and implementing public participation. The participation pattern in the marine planning context should be different from those applied in other decision-making processes in order to address the particular challenges and demands of marine management. Few studies have focused on public participation in marine planning, especially in the English marine planning context. This thesis fills this knowledge gap by studying public participation in English marine planning from theoretical, legal and empirical perspectives. This thesis addresses three research questions. First, what is the appropriate participation strategy for English marine planning? Second, to what extent does the current legal regime ensure effective public participation in marine planning and other marine-related decision-making? Third, how have the requirements for participation been implemented in marine planning practices? To investigate these questions, this thesis constructs a pluralist rationale for participation, including normative, substantive and instrumental dimensions, which fits the English marine planning context. The appropriate strategy for participation is identified. This strategy will contribute to fulfil the pluralist rationale for participation in marine planning process. The thesis also reviews the relevant legal framework at the international and domestic levels, to examine to what extent these legal regimes can support the implementation of public participation in the marine decision-making context. Finally, as a qualitative case study, the process and outcome of participation in producing the English East Inshore and Offshore Marine Plans are evaluated to reveal the deficiencies regarding participation in the English marine planning regime.
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Al-Rawahi, Saif. "The right of access to a lawyer in Oman : the need for reform : critical and analytical study of the relevant provisions of the Omani Penal Procedures Code 1999." Thesis, University of Aberdeen, 2012. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=192279.
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It cannot be argued that according to the recent Omani law the accused has the right of access to a lawyer at any stage of the criminal proceedings. Nevertheless, it could be argued that the accused at some points may access a lawyer if he has one, otherwise the state is not obliged to offer him one under any circumstances and in any kind of crimes. There is no single rule stating that the accused must be represented by a lawyer even if he is facing capital punishment. Although the Omani law gives the accused the right to have the lawyer that he hired present with him during the investigation in general terms, there are no provisions to ensure that mechanisms are put in place which guarantee the effectiveness of such right. The Omani legislator has followed the approach upon which the presence of the lawyer is permissible, although this does not necessarily apply during the pre-trial stages in all cases. This research argues that, having no right of free access to a lawyer privileges those who are wealthier because such accused have the means to appoint a lawyer from the outset, a capacity that often evades the poorer accused. If the accused cannot afford a lawyer, the state should appoint one for him, grounded in the motivations of the state being concerned with achieving justice. The research addressed the question whether the Omani Law and particularly the Penal Procedures Code succeed in guaranteeing the accused right of access to a lawyer. Moreover, it considered whether the Omani law set the required procedures and safeguards to make all officials in charge of investigations and trials commit to respecting this right at all circumstances. These issues are considered by critically analysing the relevant Omani law and case law as well as looking at other legal frameworks, with special reference to the Egyptian System. This comparison has been provided in order to give a contextual base upon which the practicing of this right within the Omani Procedures Code can be critically analysed. This study found that there is a great deal of reform for the Omani legislator to urgently do in regard to the right of access to a lawyer during all criminal proceedings stages.
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Mäkinen, Ilkka. "On suicide in European countries : some theoretical, legal and historical views on suicide mortality and its concomitants." Doctoral thesis, Stockholms universitet, Sociologiska institutionen, 1997. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-48376.
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The theme of this thesis is suicide mortality in its various aspects, seen from an international, European perspective. It questions the existence of social (structural) concomitants to suicide mortality and investigates attitudes towards and legislation concerning suicide, as well as some historical processes pertaining to their development. Paper 1 replicates an authoritative study of the "correlates of suicide" on a national level in European countries. It shows that the findings of this study do not hold 16 years later, and it presents some ideas as to why these changes have taken place. It is suggested that there are no simple social correlates to suicide on this level, and that suicide rates tend to vary according to, among other things, international cultural influences. Paper 2 investigates penal legislation relating to suicide in European countries. Three types of punishable action are found: 1) aiding suicide, 2) abetting suicide, and 3) driving somebody to suicide. A majority of European countries include some of these acts in their criminal laws. However, the laws vary very widely between countries, thereby constituting a notable exception to the common presumption of uniformity of law. The scope of the criminalization and the severity of the penalties for the crimes covary both with cultural attitudes towards suicide and with suicide rates. The results are interpreted as indicating the existence of a cultural-normative system, consisting of the cultural attitudes towards suicide, the laws regulating the actions relating to suicide and, perhaps, religion. It influences the occurrence of suicide, mainly by offering individuals cultural models of behavior. Paper 3 describes the process towards the decriminalization of suicide (in 1864) in Sweden, its causes and consequences. It is suggested that the law change took place because of a) the international ideological currents of the time (the heritage of the Enlightenment), b) the examples presented by other European countries, and c) the radical changes in people's behavior. The reform was long overdue, and thus did not have a direct effect on suicide mortality. The increase in Swedish suicide rates in the 19th century is seen as connected with certain aspects of the "modernization" process. Paper 4 addresses the prospects and problems connected with the ap-plication of Talcott Parsons's functionalist theory to suicide research, in particular when contrasting it with Durkheim's theory. It is found that the latter, despite its shortcomings, still dominates socially oriented suicide research. Parsons's theory is seen as implicating the cultural primacy of suicide mortality. Its general usability is, however, highly uncertain since many of its essential constituent parts are not well suited to the subject. A model for suicide rates, consisting of cultural (domestic and inter-national), political, social, diffusion and availability factors is presented. Taken together, the papers constitute a case for cultural (as opposed to socio-structural) research into suicide mortality. They question the repeated testing of structural variables in favor of creating cultural indicators. They suggest some new lines of research, and call for a consistently universal perspective on the problem of suicide and suicide mortality.<br><p>Härtill fyra uppsatser.</p>
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DeLise, James Michael. "Hidden In Plain Sight: Disparate-Impact Discrimination as a Legal-Theoretical Paradigm for Difference-Conscious Public Policy." Diss., Temple University Libraries, 2014. http://cdm16002.contentdm.oclc.org/cdm/ref/collection/p245801coll10/id/241354.
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Political Science<br>Ph.D.<br>In this dissertation, I argue that the liberal multicultural paradigm of difference accommodation would have greater potency, tenability and relevance if scholars contextualized their claims and approach as intrinsic to U.S. political history and philosophy, as opposed to portraying it as extrinsic and antithetical to these political-philosophic traditions. Reframing liberal multiculturalism in this fashion allows for the acknowledgment of an extant legal-theoretical framework--disparate-impact discrimination--that addresses some of the demands of racial justice and aligns with the liberal multicultural commitment to cultural recognition. This is a significant contribution to the liberal multicultural paradigm of difference accommodation, as existing liberal multicultural theory does not incorporate demands for racial justice. Moreover, recasting liberal multiculturalism in this fashion contributes to the endeavors of difference theorists in general and liberal multiculturalists in particular by showing that, within the United States, difference-sensitive policies have been desirable, necessary and efficacious. A failure to reframe liberal multiculturalism in this way, however, reinforces the view that difference-conscious policies are foreign to the United States--a view consistent with the individualized reading of equal protection that has become ascendant on the U.S. Supreme Court. This reading of equal protection expresses hostility toward any race-conscious policies and has brought once inviolable, moderate race-conscious policies under attack. The current trajectory of race-conscious policies in the U.S., and the disavowal of the history on which such race-conscious policies are based, creates some urgency for remedying this oversight.<br>Temple University--Theses
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Lee, Soyoung. "Theorizing and Testing Models of Community Capacity and Acculturation." Diss., Virginia Tech, 2006. http://hdl.handle.net/10919/29597.
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The primary purpose of this research project was to explain how Korean immigrants develop acculturation attitudes toward Korean and American culture and how these attitudes are related to their experiences within their community in America. In order to achieve this goal, this project consisted of two empirical studies.
In Study 1, the model of community capacity and acculturation was tested using structural equation modeling and the model fit the data very well. The results of the hypotheses tests in Study 1 were as follows: Sense of Community, Community Provisions, and Community Engagement were positively correlated with each other. Sense of Community and Community Provisions directly influenced acculturation attitudes toward American culture. Community Capacity directly influenced acculturation attitudes toward Korean culture. Sense of community and Community Provisions had significant indirect effects on acculturation attitudes toward Korean culture.
In Study 2, using structural equation modeling, the model of community adjustment was tested across three groups (INTEGRATION, ASSIMILATION, and SEPARATION) who had developed different acculturation attitudes and the model fit the data well except for ASSIMILATION. The results of the tests of the hypotheses in Study 2 were as follows: Sense of Community and Community Capacity were positively correlated with each other in all groups. Only INTEGRATION did Sense of Community directly influence Community Provisions. However, Community Capacity directly influenced community provisions in all three groups. In INTEGRATION and SEPARATION, Community Engagement directly influenced Community Provisions. Community Capacity indirectly influenced Community Provisions in both INTEGRATION and SEPARATION. Finally, I concluded that Korean immigrants experienced the process of community adjustment differently regarding acculturation attitudes.
Results from these investigations explicitly reveal that the application of community capacity in research on acculturation was valuable for explaining some individual and contextual variations in acculturation. Acculturation was a complex, multi-dimensional process. Korean immigrants developed different attitudes and their attitudes impacted differently on their lives within their larger community. The theoretical concept of community capacity has much promise as a guide for future theory and research on acculturation.<br>Ph. D.
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Barradas, de Freitas Raquel. "Explaining meaning : towards a minimalist account of legal interpretation." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:6660c431-e278-4a42-9e3d-ca43893fcf31.
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To interpret is to seek understanding. This formulation hides as much as it reveals and I propose to unpack it. I argue that interpreting is only a part of what legal theorists and practitioners do. In Part I, I attempt an ‘in vitro’ analysis and present the bare concept of interpretation: interpretation is an activity that needs an object; interpreting is reasoning about meaning when there is a possibility of mistake about that meaning. Part II focuses on two domains of interpretation: musical performance and adjudication. I rely on Joseph Raz’s account of interpretation as explanation or display and identify the former domain as a paradigm of display and the latter as a paradigm of explanation. Both are examples of interpretation for others and involve a claim to theoretical authority on the part of interpreters. But, unlike musicians- who interpret only works of music- judges interpret a great variety of objects. Musical interpretation is identified by its object, whereas legal interpretation is not. Legal interpretation is explanation of legal meaning. I then discuss the tenets of the minimalist view of legal interpretation: (i) legal rules are not interpretable and legal texts are not primary objects of legal interpretation; (ii) there is a difference between interpretative authority (a form of theoretical authority) and legal authority (a form of practical authority) and interpretative conclusions can be theoretically authoritative without being exclusionary reasons for action; (iii) Interpreting and adjudicating are different activities. Interpretation explains, adjudication resolves. Legal interpreters do not produce legal rules: they are required to be guided by them.
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Zolezzi, Ibárcena Lorenzo. "Law and Literature: a theoretical perspective." Pontificia Universidad Católica del Perú, 2013. http://repositorio.pucp.edu.pe/index/handle/123456789/116057.
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While most of the Law and Literature books and articles stress from the beginning the distinction between Law in Literature and Law as Literature, my approach is from the standpoint of Law teaching. A course on Law and Literature will help the students not only to write better, but it may convey the students facts that surround the work of the formal legal systemas the human condition or the legal culture, as well as a legal perspective thatis, so to speak, engraved in the human mind. The so-called didactic school is treated and criticized. The distinction between Law in Literature and Law as Literature cuts across the whole work.<br>Mientras en la mayoría de trabajos sobre Derecho y literatura desde el inicio se hace la distinción entre derecho en la literatura y derecho como literatura, en el presente trabajo la aproximación es desde el punto de vista de la enseñanza del derecho. Lo que se postula es que un curso sobre derecho y literatura tendrá efectos en los aspectos formales de la educación jurídica (aprender a escribir bien), pero también le mostrará al estudiante diversos aspectos de la realidad, como el conocimiento de las interioridades de la psiquis humana y la influencia del entorno en las actividades de los individuos, el entendimiento de la cultura legal y la captación de que determinadas categorías jurídicas son, en cierto modo, instintivas. También se aborda y critica la que se denomina tesis edificante. La distinción entre derecho en la literatura y derecho como literatura corta transversalmente las diversas materias tratadas.
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Heyns, Anri. "Empowerment through mine community development: how the politics of development perpetuate poverty in mining areas – a legal theoretical analysis." Doctoral thesis, Faculty of Law, 2020. http://hdl.handle.net/11427/32685.
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The Mineral and Petroleum Resources Development Act (“MPRDA”) and the Broad-Based Socio-Economic Empowerment Charter for the South African Mining and Minerals Industry (“Mining Charter”), created in terms of the MPRDA, aim to address the exploitative legacies of past discriminatory practices in the mining industry. Impoverished mining communities stand to benefit from empowerment under the Mining Charter in the form of mine community development – one of the elements that constitute a mining right holder's commitment under the Mining Charter. Despite this legislative intervention and the relative wealth generated by the extraction of mineral resources, poverty and conflict have become the stereotypical images associated with mining areas. This project aims to determine why the empowerment of mining communities through mine community development perpetuates poverty from the past and creates new inequalities. To answer this main question, it is considered how the historical context within which the relevant policy and legislation were created, affected legislative drafting. Second, the effects of promoting development and empowerment in legislative provisions are explored to determine which worldviews and underlying values are being promoted by the legislative instruments under discussion. Furthermore, it is considered how these worldviews and underlying values affect how mining communities, subjected to harsh socio-economic living conditions, are depicted in legislative provisions. Here, it is specifically considered what the notion of “community” signifies in a development context and how “community” is represented in legislation. The thesis is a theoretical exposition of the ideological assumptions underlying the concepts “development”, “empowerment”, “community” and “poverty”. It is shown that “mine community development” is an inherently contradictory notion in South African law. The development paradigm implies the universalisation of values, effectively creating “the poor”, and causing vagueness and paradoxes. It results not only in a perpetuation of poverty and inequality from the past but also in the creation of new inequalities, as is evident in the differentiation drawn by the Mining Charter between different types of communities in mining areas. Measures currently being enforced by the legislation under discussion, are in desperate need of reconsideration.
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Johnson, Jonni Larue. "Episodic Autobiographical Memory in Youths with and without High Functioning Autism| An Empirical Test of Theoretical and Legal Concerns." Thesis, University of California, Davis, 2018. http://pqdtopen.proquest.com/#viewpdf?dispub=10931581.
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<p> The development of episodic autobiographical memory (EAM) has been well documented in those with typical development (TD), yet many questions remain about the development of EAM and its operations in those with high functioning autism (HFA). In this study, youths (9 to 18 years old) with and without HFA (<i>N</i> = 48) participated in a semi-distressing event and then 3 weeks later were interviewed using one of two forensic interview protocols (10 Step or Cognitive Interview [CI]). Accuracy was assessed via cued recall narratives and responses to direct questions. Individual differences in working memory, cognitive flexibility, and pragmatic language were assessed. Results indicated that, although HFA youths’ cued recall memory for event details was diminished, memory accuracy for people, actions, and objects depended upon interview protocol and youth age. Younger HFA youths performed comparably to younger TD youths when receiving the 10 Step protocol. Yet, older HFA benefitted more from the Cognitive Interview’s methods. Deficits in working memory, cognitive flexibility, and pragmatic language were more readily associated with performance in the CI condition and for youths with HFA. Indirect effects of age on memory performance via individual differences were observed mainly for the HFA group; maturational changes in these abilities may be occurring during adolescence, a period when youths with HFA begin to use compensatory mechanisms to perform EAM tasks. Direct question performance did not vary diagnostically, expanding the application of the task support hypothesis to a younger age. Implications for existing theories and forensic interview methods are discussed.</p><p>
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Kozik, T. L., and I. P. Ustinova. "Some theoretical questions of financial offence in appllying for volation of aviation legislation." Thesis, National Aviation University, 2021. https://er.nau.edu.ua/handle/NAU/53304.
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Question of financial offence deeply and scalene probed in legal financial literature during great while. The specific of concept foresees research of this question and by lawyers by theorists, and financiers, and those, who is engaged in a criminal and administrative right. But a look exactly of financiers to this question is important theoretical payment in scientific developments of institute of offence. In legal literature confessedly is approach after which offence is foundation 154 of legal responsibility. These relations are in public legal, well-regulated imperative financially legal by norms. Consequently, we have a sufficient scientific ground of necessity of existence of such legal category as financial offence, and the legislative selection of financial offence in an independent kind will have an important value for confirmation of independence of all institutes financially legal to responsibility.
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Meuris, Florence. "Les conflits de lois dans le temps en droit de la propriété intellectuelle." Thesis, Paris Est, 2011. http://www.theses.fr/2011PEST0064/document.
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Le droit transitoire est une discipline dont la vocation est universelle. Cet ensemble de règles a pour finalité de permettre la découverte de la loi applicable à un fait ou un acte donné. Tout comportement a une traduction juridique, même neutre, selon une norme unique. À ce titre, peu importe le domaine du Droit concerné. De nombreuses règles, forgées par la doctrine et la jurisprudence à partir de l’article 2 du Code civil, permettent à l’interprète de la loi nouvelle de décliner le principe de non rétroactivité selon les spécificités d’une espèce. Par exception, le législateur peut proposer lui-même des dispositions transitoires, qui s’avèrent pour la plupart, en droit de la propriété intellectuelle, conformes au principe de sécurité juridique. D’une manière générale, l’opération de qualification nécessaire porte sur l’acte ou le fait étudié ou bien sur la norme nouvelle elle-même. L’étude menée a pour objet la transposition de cette opération de qualification au sein du domaine précis de la propriété intellectuelle. Dans cette optique, les notions de « droit acquis » et de « situation juridique » sont confrontées aux spécificités de la discipline, dont la filiation apparente avec le droit des biens est parfois source d’erreurs. En plus de ces qualifications qui se rapportent aux éléments saillants d’une espèce donnée, sont également recherchées en droit de la propriété intellectuelle les illustrations des qualifications classiques de « loi interprétative », de « loi pénale plus douce », de « loi d’ordre public » et de « loi de procédure ». Leur signification transitoire est appréciée au regard de l’exigence de sécurité juridique, fil conducteur de toute discussion relative à la résolution d’un conflit de lois dans le temps. Au cours de cette étude, les systèmes de protection très disparates qu’offre le droit de la propriété intellectuelle à tout créateur ou « découvreur », apparaissent comme autant de facteurs d’une diversité jurisprudentielle gênante. À l’inverse, le mécanisme de réservation d’une chose intellectuelle semble constituer un dénominateur commun intéressant. Celui-ci trouve une traduction efficace avec la notion de « situation juridique » écrite de cette manière : « titularité d’un droit de propriété intellectuelle ». Par suite, l’indépendance de la matière se confirme et ses disparités internes sont gommées. Seulement, si l’exigence de sécurité juridique commande de retenir la notion de « situation juridique », il convient, au contraire, de se méfier de la notion de « droit acquis ». De plus, il est constaté que l’utilisation de la notion de «loi d’ordre public » n’est pas conforme à l’exigence de sécurité juridique, quand le maniement de la qualification de « loi de procédure » se révèle souvent délicate. Enfin, la notion de « loi interprétative » semble implicitement justifier de nombreux choix jurisprudentiels, orientés par l’absence de nouveauté manifeste de la norme nouvelle. Il convient alors de proposer la qualification de « loi de codification »<br>A lawyer can settle conflicts of legal provisions through the application of several rules. They can be used like universal tools, in every juridical domain. The aim of the operation consist in determining the law which has to be applied. Each behavior can be translated in juridical terms. In this way, only one set of laws has to be taken into account. The lawyer can use the principles created by doctrine and precedents in order to solve conflicts of legal provisions. The article 2 of the Civil Code is the foundation of them. In the intellectual property domain, the legislator can intervene and suggest transitory provisions. The judge is not allowed to enforce the law retroactively, no matter the facts or the acts under consideration. The purpose of this investigation lies in the adaption of these rules for intellectual property issues. Therefore, “vested interests” and “legal status” concepts are confronted with specificities of intellectual property as such a corpus o findependent rules. In a certain extent, there is a link between this discipline and the law of property. When the lawyer has to choose the law to apply, there are disturbing parallels to be made. He may easily make a mistake. Furthermore, the concepts of “declaratory act”, “softer penal act”, “public order law”, and “proceedings act” can be used to resolve special problems in the intellectual property domain. When a conflict of legal provisions is under discussion, the judge has to ensure a certain security of the procedure. The judge must always be able to justify precisely his choice. It’s a significant guarantee for any persons subject to trial. It has been widely recognized that intellectual property offers a large selection of rights. As a result, the judge is tempted to follow several different lines of thought and case law on the subject is not always uniform. On the contrary, legal precedents could be unified if the judge has used the “legal status” concept. It should be written in an efficient way : “to be entitled to exercise an intellectual property right”. The independence of the discipline is confirmed and its internal disparities disappear. The “vested interests” concept does not seem to be appropriate to the characteristics of intellectual property. Moreover, the concept of “public order law” doesn’t square properly with intellectual property issues. The concept of “proceedings act” is delicate to use. Lastly, it appears that the concept of “declarative law” is implicitly used by judges to prove the retroactivity of the law. Finally, the concept of “codification act” should be applied to this situation
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Bortfeldt, Alexander. "Disparities in EU legal instruments regarding crossborder healthcare : A comparative study of Regulation 883/2004 and Directive 2011/24/EU and their potential effect on Union goals; especially the free movement provisions." Thesis, Stockholms universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-185270.
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The statutory health care systems of EU member states show a lot of differences, e.g. in financing, reimbursing, availability, form of membership, etc. The European health insurance card gives EU citizens the possibility to see a doctor while abroad, extending their right from receiving emergency treatment to receiving full necessary treatment under the laws of the member state. The scope of the insurance claim abroad is governed by the respective national law. This can result in a significantly higher cost sharing compared to the domestic situation. Depending on the country, this can include both fixed amounts (additional payments) and percentage shares of up to more than half of the costs.[1] While exercising the right to free movement EU citizens might need way more than emergency care, especially in relation to the rise of chronic diseases like diabetes etc. But quality treatment of patients residing abroad requires a seamless coordination of the member states’ health insurance systems. The access to member states health care systems is not seldomly tricky, in some cases it is even denied to nationals of the state. This thesis seeks to spot access difficulties in different member states asking for the question whether or not this might impede the EU’s free movement provisions.
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Desiderio, Antonio. "The Olympic re-construction of East London in the economic, political, media and legal discourse : a possible theoretical framework for social-political action." Thesis, University of East London, 2016. http://roar.uel.ac.uk/6398/.
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This research investigates the preconditions for the Olympics-led process of urban transformation and change of East London. The pre-conditions are interpreted in terms of discourse (the economic, political, media, and legal discourse); which is conceived as reflecting and being reflected in the social, urban, economic and institutional order of the city. The aims of the work are, therefore, to understand: a) how such discourse is construed; b) how the complex of worldviews, ideologies, ideas, beliefs and interests that discourse expresses becomes constructed in the actual urban, social, economic and institutional order of the city; c) how discourse works in enacting and shaping processes of urban transformation and change in East London – and London as a whole. According to the official discourse, the transformation of East London into a site for tourism, shopping, leisure and lifestyle (which is aimed at attracting corporate investments) is the only possible way to enact processes of economic and social growth of ‘derelict’ urban areas. As it answers the requirements of global capital, which is regarded as an impersonal force, such model of urban renewal is represented as unquestionable. By exploring the possibility of a discourse theory of urban transformation and change (which emphasises the role of social-political action) and employing Critical Discourse Analysis as a methodological framework, the research demonstrates that the corporate-led transformation of East London is instead a social construction. In other words, it relies on the vision of the city of specific social actors. Such vision (which expresses sets of worldviews, ideologies, ideas, beliefs and interests) shapes the economic, political, media a d legal discourse; and is reflected at the same time in the urban form and functions, social order, economic organisation and institutional structure of the city.
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Bradley, Martha Magdalena. "An examination of the inadequacy of the wording of the damage claim provisions of the Oil Pollution Act of 1990, resulting in interpretative legal difficulties as revealed by claims stemming from the Deepwater Horizon Oil Spill." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12857.
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Includes bibliographical references.<br>The United States Oil Pollution Act 1990 (OPA), contains a provision, s1002(b) (2), that sets out six categories or kinds of damage that may be recovered from a ‘responsible party’ liable for losses resulting from damage caused by the discharge of oil in United States (US) waters. The provision was drafted with the purpose of facilitating a predictable and just outcome for claimants against such a responsible party. The central argument of this dissertation is that the intended purpose is undermined by difficulties in interpreting certain of these provisions, and that, if these provisions are to achieve their objective, they require legislative amendment and that such reform is urgent. The BP Spill highlighted the issue of the lack of clarity in the claims provisions of the OPA as well as revealing the potentially catastrophic and widespread effect that a spill of this magnitude can have.
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Rasulov, Akbar. "A legal realist critique of the new international law regime relating to the treatment of minority communities in Eastern and Central Europe : a dialectical theoretical inquiry." Thesis, University of Hull, 2006. http://hydra.hull.ac.uk/resources/hull:5838.
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This thesis is a work written in the genre of the legal realist critique. Its main topic is the development of the new international legal regime relating to the treatment of minority communities in Eastern and Central Europe (ECE) following the end of the Cold War. The general methodological approach on the basis of which it was produced derives primarily from the traditions of American legal realism and the first-wave critical legal studies (CLS). On a more fundamental level, the philosophical sensibility underlying this thesis's inquiry can be described as a combination of a non-Hegelian dialectical theory and historical materialism. The basic analytical project pursued in this thesis consists of two general investigative tasks each of which constitutes its own separate problematic. The first investigative task relates directly to the development of the new international law relating to the treatment of minority communities (ILTMC). Its main line of inquiry focuses primarily on that complex socio-historical transformation which has occurred in the ECE region in the last seventeen years and which has been marked on the plane of international law by the rapid emergence of the new ILTMC project. The second investigative task addressed in these pages relates to a somewhat more abstract subject matter. Its main line of inquiry can be preliminarily summarized in the form of the following question: "How should the general problematic of the new ILTMC project be investigated from the point of view of international law? " The theory of historical materialism practised in this thesis derives essentially from the works of the French Marxist philosopher Louis Althusser. Despite the terminological parallels, it differs quite considerably from the similarly-named theories practised by the orthodox Marxist schools from the Second International onwards. In particular, it rejects in every form and guise all versions of Hegelian teleologism, which it considers to be a variation of ontological idealism, and adopts a position of extreme suspicion with regard to vulgar economism. In that context, for the purposes of the present thesis, the term "structural conjuncturalism" should be generally understood as the short name given to the basic analytical method developed in the framework of the historical materialist theory for the purposes of social sciences. Legal realism, in its turn, should be generally understood as the "local" variation of that method adapted for the specific purposes of juridical scholarship.
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Roach, Lee. "Corporate governance : the traditional legal model of the company and the extension of its theoretical foundations in support of expanding the scope of current governance protection." Thesis, University of Bristol, 2003. http://hdl.handle.net/1983/fee0bf8c-3df3-4d53-8699-e3a3d28f5015.
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SKARA, GENTJAN. "Private Enforcement of Competition Law and the Directive 2014/104/EU on Action for Damages for Infringements of Competition Law Provisions: The Impact on Albanian Legal System compared with the Implementation in some selected EU-Member States." Doctoral thesis, Università degli studi di Ferrara, 2020. http://hdl.handle.net/11392/2478808.
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Dopo 44 anni di applicazione continua delle regole di concorrenza dell'UE da parte della CGUE, la Courage Ltd contro Crehan (2001) ha riconosciuto il diritto delle persone a chiedere il risarcimento dei danni derivanti da comportamenti anticoncorrenziali. Inoltre, il regolamento n. 1/2003 ha suggerito, tra l'altro, la possibilità per le persone di chiedere il risarcimento del danno ai sensi degli articoli 101 e 102 TFUE. Da allora in poi, la Commissione si è impegnata attivamente a promuovere il dibattito ed a incoraggiare l'istituzione di un vero sistema europeo di applicazione a livello privatistico. L’adozione della Direttiva 2014/104 / UE ‘relativa a determinate norme che regolano le azioni per il risarcimento del danno ai sensi del diritto nazionale per violazioni delle disposizioni del diritto della concorrenza degli Stati membri e dell'Unione europea’ rappresenta un passo significativo verso l'armonizzazione minima delle principali norme procedurali tra gli Stati membri dell'UE.
Questa tesi sostiene che il processo di integrazione europea (europeizzazione) sta spingendo gli Stati membri e i paesi candidati verso una maggiore convergenza con l'acquis sulla concorrenza dell'UE. Attraverso il recepimento della Direttiva 2014/104 / UE, gli Stati membri hanno armonizzato le norme sostanziali e procedurali che sono vantaggiose per le persone e le imprese poiché offrono una protezione minima in tutti gli Stati membri. Inoltre, è universalmente concordato, in ambito accademico, che la prospettiva dell'adesione all'UE porti a cambiamenti interni nei paesi candidati. Al momento, l'Albania è in attesa di aprire i negoziati per i capitoli dell'acquis dell'UE. A causa degli obblighi di adesione all'UE derivanti dall'accordo di stabilizzazione e di associazione, l'Albania deve recepire la direttiva 2014/104 / UE nell'ordinamento interno. La legge 9121/2003, cosi come modificata, stabilisce la possibilità per i privati di agire contro un ostacolo alla concorrenza presso il tribunale distrettuale di Tirana. L'esistenza di questo diritto potrebbe e dovrebbe essere un incentivo per incoraggiare l'applicazione a livello privatistico del diritto della concurrenza in Albania. Tuttavia, in pratica, nessun caso è stato finora citato.
In questo contesto, al fine di valutare lo sviluppo dell'applicazione a livello privatistico e il suo impatto sul sistema giuridico albanese rispetto all'attuazione in alcuni Stati membri dell'UE selezionati, questa tesi affronta: in primo luogo, l'evoluzione dell'esecuzione privata a livello europeo esaminando gli obiettivi, le modalità e gli attori che hanno contribuito allo sviluppo dell'applicazione privata; in secondo luogo, la tesi analizza la Direttiva 2014/104 / UE e il modo in cui i tre Stati membri dell'UE selezionati hanno recepito la direttiva nel loro ordinamento giuridico nazionale considerando il margine di discrezionalità creato dall'articolo 288 TFUE e un livello minimo di armonizzazione stabilito dalla Direttiva; in terzo luogo, la tesi fornisce uno sviluppo storico dell'applicazione a livello privatistico in Albania e il modo in cui l'autorità albanese della concorrenza ha affrontato il recepimento della Direttiva 2014/104 / UE. La tesi conclude che l'applicazione a livello privatistico dell'UE del diritto della concorrenza è lontana dall' essere completata. Sono necessarie misure più decisive a livello dell'UE per le questioni che rientrano nel sistema giuridico nazionale degli Stati membri dell'UE. Inoltre, l'Albania, in quanto paese candidato, dovrebbe recepire correttamente la Direttiva 2004/104 / UE e, soprattutto, sensibilizzare l'opinione pubblica sulla cultura dell'applicazione a livello privatistico<br>After CJEU’s 44 years of continuous application of the EU competition rules, the Courage Ltd v Crehan (2001) recognised the right of the individuals to claim compensation for damages resulting from anti-competitive behavior. Furthermore, Regulation 1/2003 suggested, inter alia, the possibility of the individuals to claim compensation for damages according to the infringement of Articles 101 and 102 TFEU. From then on, the Commission has been actively committed to foster the debate and encourage the establishment of a genuine European private enforcement system. The adoption of the Directive 2014/104/EU ‘On certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and the European Union’ represents a significant step towards the minimum harmonisation of the key substantive and procedural rules among the EU Member States.
This thesis argues that the European integration process (Europeanisation) is pushing the Member States and candidate countries towards a greater convergence with the EU competition acquis. Through the transposition of the Directive 2014/104/EU, the Member States have harmonised substantive and procedural rules which is beneficial to individuals and enterprises because it provides a minimum protection across all Member States. In addition, it is commonly agreed, in academia, that the prospect of the EU membership brings domestic changes in the candidate countries. At the moment, Albania is waiting to open the negotiations for the chapters of the EU acquis. Due to the EU membership obligations stemming from the Stabilisation and Association Agreement, Albania has to transpose the Directive 2014/104/EU into the domestic legal system. Law 9121/2003, as amended, sets out the possibility of private persons taking action against an obstacle to competition in the District Court of Tirana. The existence of this right could and should be an incentive to encourage private enforcement in Albania. However, in practice, no case has been referred to so far.
In this context, in order to assess the development of private enforcement and its impact on the Albanian legal system compared with the implementation in some selected EU Member States, this thesis addresses: firstly, the evolution of private enforcement at European level by examining the objectives, modalities, and actors that contributed to the development of private enforcement; secondly, the thesis analyses the Directive 2014/104/EU and how the three selected EU Member States have transposed the directive into their domestic legal system considering the discretion margin left by Article 288 TFEU and a minimum harmonisation level set out by the directive; thirdly, the thesis provides a historical development of private enforcement in Albania and how the Albanian Competition Authority addressed the transposition of the Directive 2014/104/EU. The thesis concludes that the EU private enforcement of competition law is far from being completed. More decisive steps are required to be taken at the EU level for issues that fall under the national legal system of EU Member States. Moreover, Albania, as a candidate country, should properly transpose the Directive 2004/104/EU and, most importantly, raise the awareness of the private enforcement culture.
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Sumanadasa, Darshana. "The impact of trade secrets law on employees and society: In search of a balanced theoretical and legal approach with special reference to Australia and Sri Lanka." Thesis, Queensland University of Technology, 2019. https://eprints.qut.edu.au/128074/3/Darshana%20Sumanadasa%20Thesis.pdf.
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This thesis analyses Australian and Sri Lankan trade secrets laws in light of human rights theory so as to see how legal mechanisms impact on rights of employees and society. Based on a critical analysis of trade secrets of laws of Australia and Sri Lanka, it proposes a legislative framework as a promising way of establishing a balanced law which is equally concerned with the rights of employers, employees and society.