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Austen-Peters, A. O. "Custody of investments : law and practice /." Oxford [u.a.] : Oxford Univ. Press, 2000. http://www.gbv.de/dms/spk/sbb/recht/toc/319230996.pdf.
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Austen-Peters, A. O. "Custody of investments : law and practice /." Oxford [u.a.] : Oxford Univ. Press, 2006. http://www.loc.gov/catdir/enhancements/fy0610/00045293-d.html.
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Lapointe, Hélène. "Regional open skies agreements : law and practice." Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=22696.
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This thesis presents an analytic review of the different definitions of "Open Skies Treaty". It mainly introduces American, Canadian and European views of Open Skies. We also propose our definition of Open Skies in a North American context including our NAFTA partner, Mexico.<br>Then, the thesis conducts a detailed study of the law and practice pertaining to regional Open Skies Agreements in Europe, Latin America, Australasia and in the Asia/Pacific region.<br>Afterwards, an analysis of the main provisions of the North American Free Trade Agreement is made with reference to air transport. Follows, an overview of the state of the Canadian air transport industry and policy.<br>More importantly, a complete analysis of the New Air Transport Agreement Between Canada and the United States implementing an Open Skies regime as for 1995 is made in Chapter V.<br>Finally, a critical analysis of this Open Skies Agreement is made and perspectives are given as to the future inclusion of Mexico, Chile and, later on, of all of Latin America.
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Frisby, Sandra. "The law and practice of contractual receivership." Thesis, University of Nottingham, 2001. http://eprints.nottingham.ac.uk/11097/.
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The law of contractual receivership has evolved quietly over a period of one hundred and fifty years or so. The institution of receivership started out as a mortgagee's remedy, but has proved remarkably adaptable to the commercial needs of large financial organisations, so much so that it has enjoyed ascendancy as a method of debt enforcement for the latter half of the twentieth century. This thesis attempts to chart the developmental process of receivership law, and to evaluate both judicial and legislative responses to the particular issues of policy it raises. In particular, it investigates the impact of receivership, both in legal and practical terms, on the various parties interested, in their various capacities, in the corporate entity. The main body of the thesis addresses this question from a number of perspectives. Corporate insolvency affects a wide variety of constituents. Receivership, as an insolvency regime, is frequently criticised as overly biased in favour of powerful financial institutions at the expense of both the corporation itself and its other stakeholders. By affording a contractually appointed receiver dominion over the entirety of the company's property, and by sanctioning the proposition that his decisions be informed exclusively by his appointor's interests, this censure of the law might appear justified. Alternatively, proponents of receivership have promoted the institution as a 'rescue' mechanism, a means by which viable companies, or viable sectors of their businesses, may be nurtured back to productivity and profitability. These two conflicting views will be examined in the final Chapter, in the light of recent reform initiatives which appear to envisage at least some minor modification to the existing 'balance of power'.
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Chuula, Luyando. "Mass influx refugee situations: law and practice." Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/24995.
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The problem of refugees is a global one that is of concern to all states. There are rising numbers of refugees that are forced to migrate from their homes in search of safety. How states respond to refugee situations is very important for the protection of refugee's rights. The international community has been able to draft some international conventions and treaties that provide for the protection of refugees. However, most are drafted in a manner that caters for individual determination and protection procedures. This is despite the fact that refugees enter countries in large groups most times. The major international laws that that cater for group situations are not exact on who must take on the responsibility in mass influx situations, how this responsibility should be shared and also the form and manner that the responsibility sharing mechanisms should take. This research is an insight into the laws and current practise of state in times of mass influx refugee situations. The current crisis in Syria is an example of mass influx situations and how states have been handling the situation and this research analyses the Syrian situation in order to understand current state practice. The research also explores the laws that are currently in place to protect refugees and if they can be applied to mass influx situations while adequately guaranteeing the protection of the human rights of the refugees. It further explores the options that are open to states in times of mass influx, state practice and the obligations that should arise in such situations.
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Green, N. N. "Commercial agreements and trade association practices : Practice and procedure in EEC and UK Competition Law." Thesis, University of Southampton, 1986. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.374749.
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Atkinson, Karen Elizabeth. "Charities and collaborative campaigning : law, regulation and practice." Thesis, University of Liverpool, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.485853.
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This thesis considers the problems (legal and non-legal) which arise in 'political' campaigning activity by charities, and explores the benefits and problems of approaching campaigning through collaborative arrangements. In particular, it considers whether the benefits and problems of collaborative working tend to alleviate or exacerbate the existing difficulties of campaigning work. In light of the problems identified, it also explores potential directions for reform of law, policy and practice. The thesis has a socio-Iegal basis, combining doctrinal and literature-based analysis of relevant issues with analysis of original empirical data. As this thesis is the first legal analysis focused on collaboration in campaigning it is exploratory in nature. It adopts a qualitative, grounded theory approach intended to produce detailed but indicative (rather than general) results. The doctrinal and literature-based element of the thesis considers: charity law relating to political objects and activities; wider laws which affect campaigning (specifically broadcasting law and criminal laws relevant to public demonstrations and protests); the legal implications ofcollaboration; and the effect of the policy environment on the nonlegal proble~s of collaborative campaigning. The analysis reveals complexity and unpredictability in the law relevant to campaigning and identifies the potentially severe consequences of contravening both the law on campaigning and the law relevant to collaboration. It also criticises the explanation of legal issues in relevant Charity Commission guidance and notes the effect, genesis and implications of the prevailing focus on risk management in Commission guidance. . The empirical study, which involved detailed interviews with charity personnel, found general low levels of awareness of legal issues and an overriding concern with a variety of non-legal issues of campaigning. These issues all related either to protection of reputation, resource and funding issues or relationships with external parties, themes which were mirrored in the data relating to how collaboration can both alleviate and exacerbate the problems ofcampaigning. The thesis concludes that the tendency of study participants to ignore relevant legal issues in campaigning and collaboration is a serious concern, given its potentially severe consequences. However, it also contends that the practical issues which the participants tended to prioritize are actually und~rpinned by the law. This is because the law is responsible for a further phenomenon: the perception of a pervasive bias within society against campaigning a s a legitimate charitablefunction. It is contended that charity law relating to politics both initiated negative attitudes towards campaigning and continues to contribute to the perpetuation of such attitudes within government policy, funding bodies and the general public. Nevertheless, the thesis also concludes that at the time ofits submission, attitudes towards campaigning are becoming more positive. This shift has catalysed calls for reform which have, to an extent, been addressed by government policy. Whilst the thesis concludes that planned reforms will be insufficient to address all of the problems identified, it also notes that the complex relationship between societal attitudes, law and government policy may have a domino effect and catalyse further reforms in future.
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Gotsopoulou, Niki. "The irregular development of franchising : law and practice." Thesis, University of Hull, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.327203.
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Duarte, Henriques, Енрікес Дуарте, and Энрикес Дуартэ. "Judicial practice as a source of commercial law." Thesis, National Aviation University, 2021. https://er.nau.edu.ua/handle/NAU/48744.
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The modern world is characterized by a variety of international economic
relations. The regulation of these relations in the legal field plays an essential
role from the point of view of the integrity and effectiveness of international
law. Today, such a phenomenon as transnational corporations (TNCs) has
become an important component of international economic relations.
International law with its branch – international economic law - can serve as a
solid basis for the general international legal regulation of the activities of
TNCs. An important role in this process is played by the norms of international
legal regulation of foreign investment.<br>Сучасний світ характеризується різноманітністю міжнародних економічних
відносин. Регулювання цих відносин у правовому полі відіграє важливу роль з точки зору цілісності та ефективності міжнародного закону. Сьогодні таке явище, як транснаціональні корпорації (ТНК) стали важливою складовою міжнародних економічних відносин.
Міжнародне право з його галуззю - міжнародним економічним правом - може слугувати як
міцна основа загального міжнародно-правового регулювання діяльності Російської Федерації ТНК. Важливу роль у цьому процесі відіграють норми міжнародно-правового регулювання іноземних інвестицій.<br>Современный мир характеризуется разнообразием международных экономических
отношений. Регулирование этих отношений в правовом поле играет важную роль с точки зрения целостности и эффективности международного закона. Сегодня такое явление, как транснациональные корпорации (ТНК) стали важной составляющей международных экономических отношений.
Международное право в его отраслью - международным экономическим правом - может служить как прочная основа общего международно-правового регулирования деятельности Российской Федерации ТНК. Важную роль в этом процессе играют нормы международно-правового регулирования иностранных инвестиций.<br>Duarte Henriques
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Ciger, Meltem Ineli. "Temporary protection in international law and state practice." Thesis, University of Bristol, 2015. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.687195.
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Contemporary armed conflicts, especially civil wars, create massive displacements. Well defined and effective protection mechanisms are necessary to make sure the displaced persons receive adequate protection and states receiving the influx are able to cope with the pressure. Not all persons displaced by an armed conflict can be protected within the Convention Relating to the Status of Refugees, but states have an obligation under customary international law to provide refuge to persons fleeing persecution, torture and immediate harm to their life and physical integrity. This thesis demonstrates that temporary protection can provide a viable framework to respond to large scale influx of persons fleeing armed conflict that will cover the protection gaps in the 1951 Convention and the state obligation to provide refuge. Temporary protection is not new and it has been used in the past by states in response to mass population movements. However, the legal basis of temporary protection is not clear. There is no structured legal framework regulating temporary protection at an international level and there are very few legal instruments providing states with guidance on how to introduce and implement a temporary protection regime. Addressing these issues, this thesis clarifies the legal basis for temporary protection, identifies the elements of a viable temporary regime and makes a comprehensive analysis of different temporary protection practices. Building on these assessments, this thesis offers guidance on how to introduce and implement a temporary protection regime which operates within the boundaries of international law and human rights without compromising the elements that make it a practical and efficient framework to cope with mass influx situations. By following the proposed guidance, states can introduce and implement a practical and efficient protection regime that ensures the fundamental human rights and freedoms of persons fleeing armed conflict.
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Ochse, Aaron Richard. "Targeted Killing, Drones and International Law| How U.S. Practice is Shaping International Law." Thesis, The George Washington University, 2014. http://pqdtopen.proquest.com/#viewpdf?dispub=1556566.
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<p> Since 2002, the United States has been conducting drone strikes as an integral part of its war on terror against al Qaeda. This paper discusses the evolution of that practice and considers the legal implications of the targeted killing of alleged members of al Qaeda and its affiliate organizations in non-battlefield situations. It argues that the U.S. is negatively influencing international law at a time when the law is unsettled with regard to non-battlefield targeting of members of armed opposition groups. Further, some of the strikes conducted by the U.S. violate the principles of distinction, proportionality and military necessity. The paper suggests that the U.S. should alter its course of actions, support a more restrained view of the boundaries of targeted killing, and limit any targeted killings to high-level members of terrorist organizations.</p>
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Barona, Alfredo. "Soft law in practice - assessing technology pools according to American and European antitrust law." Baden-Baden Nomos, 2005. http://d-nb.info/98605495X/04.
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Twaib, Fauz. "The legal profession in Tanzania : the law and practice /." Bayreuth : Breitinger, 1997. http://www.gbv.de/dms/spk/sbb/recht/toc/273442953.pdf.
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Reis-Roy, Calvin. "An analysis of the law and practice of securitisation." Thesis, University of Wolverhampton, 2007. http://hdl.handle.net/2436/14405.
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The introduction, and evolution of securitisation over the years, has made a phenomenal contribution to the area of corporate finance. Securitisation is specialised area which has evolved to deliver considerable advantages to banks and their corporate and government clients, a sub-subjected explored in this thesis. Securitisation is using the cashflow, creditworthiness and collateral of receivables to raise finance from the capital markets. To date, research on the subject of securitisation has produced a few textbooks and numerous articles written by academics and practitioners. The ambit of these writings addresses three questions, namely, what is securitisation; how does it work in practice; and how can securitisation be developed so that it can continue delivering advantages in the evolving world of corporate finance. Securitisation is very much a practical subject, and given that the author had very little, if any, practical exposure to the subject prior to developing this thesis, the author, admittedly, felt challenged to ascertain significant issues that could be developed to the extent that such development represents an original contribution to knowledge. Case law in the US had already explored the most significant issue regarding securitisation, namely, true sale. Armed with a solid theoretical base of knowledge that author looked for inspiration, and discovered it during the initial days when the Enron scandal hit the headlines. In short, the Enron scandal involved using the concept of securitisation to facilitate financial crime. The masterminds (if its appropriate to use such description) of the scandal, as this thesis will unfold later, cleverly used thousands of securitisation and hedging transactions to raise funds in order to give financial creditability to a giant corporation which on the surface appeared prosperous but, in reality, was breathing to a large extent on borrowed funds. This scandal, in which securitisation was used, inspired the author to develop the originality of the thesis by focusing on the issue of securitisation and financial crime. Given that financial crime is a huge area to explore, the author narrowed the focus to look at money laundering, and address the question: can the practice of securitisation facilitate money laundering? To approach this question and answer it at doctorate level required a solid understanding of what securitisation is and how it works in practice. Using textbooks, articles and conversations with practitioners, the thesis documents under Part 1, what securitisation is and how it works in practice before moving on to Part 2 to look at if and how securitisation can facilitate money laundering.
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Tolkovsky, Nir. "The 'duality' of fraud in English law and practice." Thesis, University of Derby, 2018. http://hdl.handle.net/10545/623029.
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This thesis critically assesses the scope and method of criminalisation of the concept of fraud under the Fraud Act 2006 through the discussion of an apparent ‘duality’ between (co-existing) criminal and non-criminal resolution mechanisms. The reader will find social sciences theory and mixed-methods research techniques being used to identify and characterise a dysfunction between legislation and the social function of fraud control and its resolution. The 2006 Act appears to present a categorical and monolithic headline offence of fraud qualified by dishonesty, yet it is not clear that the Act clearly identifies the scope of effective criminalisation with respect to fraud. The dishonesty-based conduct offence provided in the Fraud Act 2006 is examined in the context of contemporary theory and practical considerations that relate to the discipline of law-enforcement. This work investigates pre-industrial modes of fraud resolution and identifies industrial-era points of divergence between the concepts of fraud and theft (a similar headline offence defined and criminalised under the Theft Act 1968). The work also offers an empirical study of survey-based data collection involving one-hundred-and-forty participants (N=140). It measured the practical extent of criminalisation of fraud in terms of participant indications of the (typically) most likely official outcome in response to sixteen hypothetical examples of fraud offences. The survey results appear to support practical, contextual, and theoretical considerations from the literature on the inhibitors to the consistent application of a conduct-based general fraud offence. The data and findings highlight the advantages of detailed actus reus-based criminalisation of types of fraud that require additional control through effective criminalisation.
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Heywood, Robert James. "The law and practice of consent to medical intervention." Thesis, Sheffield Hallam University, 2006. http://shura.shu.ac.uk/3197/.
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This thesis explores the challenging concept of informed consent. It is an empirical study investigated in a medico-legal context. The research combines the use of quantitative and qualitative research methods to analyse the different views of the parties who are actively involved in the consent process in both medical and legal settings. The project provides a comprehensive review of the literature concerning the legal aspects of consent and information disclosure, critically analysing relevant case law and academic opinion. The problematic areas are highlighted and from these a number of research areas are identified forming the basis of the empirical inquiry. The thesis is then broken down into a number of individual studies incorporating a range of empirical techniques. These include: <ol> <li>A quantitative study employing a questionnaire to evaluate medical students' knowledge and to identify what is important to them in respect of consent.</li> <li>A qualitative interview study exploring health care professionals' opinions on consent in primary care.</li> <li>A qualitative interview study exploring health care professionals' opinions on consent in secondary care.</li> <li>A qualitative interview study exploring patients' perspectives on consent.</li> <li>A qualitative observational study to assess how consent procedures operate in practice in secondary care.</li> <li>A qualitative interview study exploring consent litigation in practice from solicitors' perspectives.</li> </ol> Each project acts as a continuation of one another. The methodological position of the thesis is that knowledge is progressive and is accumulated as each study develops. This is achieved through the researcher being `situated' in the work and through continuous legal and sociological reflections. Accordingly, the findings are analysed and provide for a critical assessment of the law pertaining to consent and information disclosure. The project is a collaborative venture between the law and the medical profession and seeks to develop a clearer understanding of consent issues in practice. In doing so a number of problems are identified which have previously gone unnoticed and, as such, future recommendations for improvement are provided at the end of this thesis.
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Ahmad, Abu Umar Faruq. "Law and practice of modern Islamic finance in Australia." View thesis, 2007. http://handle.uws.edu.au:8081/1959.7/38404.
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Thesis (Ph.D.)--University of Western Sydney, 2007.<br>A thesis presented to the University of Western Sydney, College of Business, School of Law, in fulfilment of the requirements for the degree of Doctor of Philosophy. Includes bibliographies.
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PIAZZA, LAURA. "The burden of proof in WTO law and practice." Doctoral thesis, Università Bocconi, 2009. https://hdl.handle.net/11565/4053861.
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Bishop, Jennifer M. "Agricultural land tenure : environmental principles and practice." Thesis, Aberystwyth University, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.249885.
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Nermark, Ebba. "Interpreting the Palermo Protocol : Common State Practice?" Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-76619.
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Allard, Frank Dennis. "Police probationer training : policy and practice an historical review." Thesis, University of Hull, 1997. http://hydra.hull.ac.uk/resources/hull:5383.
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The apparent lack of any previous work focusing on Police Probationer Training was the impetus behind this research. This very important area of police training is undergone by all officers and their probationary period lasts two years. Numerous reviews and amendments have taken place over the years but do not seem to have been documented in any structured way. The aim of this research was to discover how this training evolved, the reasons for change, and the way it has been implemented. Finally the present day system was examined in detail, compared with the experience of older officers and other systems. Method Obtaining the information has proved a task of detective work, examining numerous minutes, reports and documents produced within and without the police service. Field work was carried out throughout Lincolnshire Police and by visits to Ryton Police Training Centre and the central Planning Unit at Harrogate (now renamed as Training Support, Harrogate). Questionnaires were circulated to officers undergoing the training, officers who attended earlier courses and the trainers themselves. These were followed up by selected interviews. Training delivery was witnessed at Ryton Police Training Centre and within the Lincolnshire Force. Conclusions The results of this research indicate that the training given to initial recruits within the police service is as good as it has ever been. It is, however, cost led and, although the two year probationary period is somewhat euphemistically referred to as a training period, it is much more beside as, once the foundation course of 31 weeks is completed, probationers become a resource deployed in much the same way as their experienced colleagues. The post foundation phase of training is delivered in force with little or no central control and consequently the standard of training is not consistent. The thesis traces the development but, owing to lack of access to, or simply nonexistence, of some documents it cannot be claimed to be absolutely complete.
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Šilinytė, Evelina. "The definition of torture in contemporary international law and practice." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2012. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2012~D_20120703_131129-34868.
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Torture is prohibited in a great number of international treaties. Some of the documents prohibit torture in general terms; some of them propose the definition of torture. The purpose of this research is to analyse how the legal scope of torture definition enshrined in the CAT has changed throughout the years and to what extent the definition of torture is applicable in contemporary legal practice. In the first part the international legal regulation will be discussed explaining which international documents prohibit torture, which of them define torture, what monitoring and judicial mechanisms are created. The definition of torture is differently interpreted in the jurisprudence of international tribunals. The actions which were not defined as torture 50 years ago are understandable as torture in recent jurisprudence. The second part is aimed to analyse how definition of torture evolved in international law during the years and how it was narrowed in the USA practice. Different interpretations of the definition of torture are compared in order to analyse which elements of torture definition enshrined in the CAT used in contemporary international judicial practice and to what extent they are applicable. This explains to what extent definition of torture is applicable by international judicial bodies in contemporary practice and what requirements it should fulfil to ensure the needs of contemporary human values. In the third part the definition of torture applicable in... [to full text]<br>Tarptautinės sutartys draudžia kankinimus. Vienos jų tiesiog draudžia kankinimus, kitos – pateikia kankinimų apibrėžimą. Šio darbo tikslas – išanalizuoti, kaip keitėsi teisinė kankinimo apibrėžimo apimtis ir kokia apimtimi jis yra taikomas šiuolaikinėje tarptautinės teisės praktikoje. Pirmoje darbo dalyje aptariama tarptautinė teisinė bazė, aiškinant kurie dokumentai draudžia kankinimus, kurie nustato kankinimų apibrėžimą, aiškinama kokie yra sukurti monitoringo ir kiti teisines priežiūros mechanizmai. Kankinimų apibrėžimas yra skirtingai interpretuojamas tarptautinių tribunolų jurisprudencijoje. Veiksmai, kurie prieš 50 metų nebuvo klasifikuojami kaip kankinimai, šiandien jau patenka į šią sąvoką. Antroje dalyje analizuojama kaip kankinimų apibrėžimas, pateiktas JT Konvencijoje prieš kankinimą, laikui bėgant, kito ir kaip jo taikymas buvo apribotas JAV praktikoje. Lyginamos įvairios kankinimų apibrėžimo interpretacijos, siekiant išanalizuoti JT Konvencijos prieš kankinimą apibrėžimo elementus, naudojamus šiuolaikinėje tarptautinėje teisėje ir išsiaiškinti kokia apimtimi jie yra taikomi. Taip paaiškinama, kokia apimtimi šiuolaikinėje praktikoje šį apibrėžimą taiko tarptautinės teisminės institucijos ir kokius reikalavimus jis turi atitikti, tam kad užtikrintų šiolaikinių žmogiškųjų vertybių poreikius. Trečioje dalyje analizuojamas kankinimo apibrėžimas, kuris yra taikomas Lietuvoje. Reikia pripažinti, kad Lietuvoje nėra aiškaus kankinimų apibrėžimo ir normos... [toliau žr. visą tekstą]
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Siraj, M. "Child custody dispute resolution : the law and practice in Malaysia." Thesis, SOAS, University of London, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.499502.
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Baamir, Abdulrahman. "Saudi law and judicial practice in commercial and banking arbitration." Thesis, Brunel University, 2009. http://bura.brunel.ac.uk/handle/2438/6599.
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This thesis examines various issues of arbitration law and practice in relation to the Islamic Shari’a law and the law of Saudi Arabia in general, and for arbitration in conventional banking disputes in particular. The thesis found that the Shari’a regulates arbitration tightly compared to other contemporary developments as no fundamental differences were found to exist between the classical Shari’a arbitration rules and the Saudi arbitration regulations, which represent the codification of the Hanbali law of arbitration. Unlike other arbitration laws, almost all kinds of disputes can be settled by arbitration in Saudi Arabia, and these include family and some criminal disputes such as murder and personal injuries. Moreover, this thesis demonstrates the difference between Islamic law and Saudi law. The latter is more comprehensive as it includes Islamic law and the borrowed Codes and Acts of the laws of other nations. The legal status of banking interest under the Saudi law is not clearly defined and it is not clear whether riba contradicts with the public policy of Saudi Arabia or not. This uncertainty has an impact on arbitration related to banking disputes and has led me to conclude that arbitration is not the best method for settling disputes involving domestic conventional banking business. Although resorting to the Committee for the Settlement of Banking Disputes of SAMA might provide a better solution, the decisions of the Committee are not “strong” enough to be fully enforced and the payment of interest continues to be an avoidable obligation in Saudi Arabia; therefore, the thesis examined the alternative remedies for both domestic and international banking arbitration. The thesis also found that if the enforcement of an international arbitration award is sought in Saudi Arabia, the award will be subject to the mandatory application of Shari’a law, which in addition to the imposition of interest, prohibits also certain kinds of commercial contracts.
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Barnes, Wilson C. "Defective workmanship : a transatlantic analysis of construction law and practice." Thesis, Birmingham City University, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.312225.
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Amos, Robert. "The protection of plants in international law, theory and practice." Thesis, University of Sussex, 2017. http://sro.sussex.ac.uk/id/eprint/71815/.
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This thesis provides a comprehensive overview of international environmental law as it relates to plants. In doing so, it offers new perspectives on some of the key debates in the law, as well as on humanity's relationship with the natural world. The first part of the thesis looks at the philosophical rationales for giving legal protection to plants. Drawing on the literature relating to value, different interpretations of the value of plants are identified, including instrumental, intrinsic and ecological. Each interpretation is then tracked in international conservation law and policy. An almost exclusively anthropocentric picture is revealed, and the implications of this for conservation policy and practice are discussed. Attention then turns to global and regional approaches to protecting plants. First, the construction and content of key legal agreements are assessed against a range of criteria for effectiveness. Second, an analysis of the design and form of conservation mechanisms is conducted, focussing on the extent to which protected areas reflect the ecological needs of plants and the representativeness of lists of protected and endangered species. In each case the law is found to fall short, and proposals on how to address this are given. In the third part of the thesis, how the law responds to some of the main threats to plants, namely climate change, international trade and alien/invasive species, is considered. Each impacts on plants in different ways and has been subject to very different legal responses. In each case, however, weaknesses can be identified that undermine the law's ability to adequately protect plants. Finally, the extent to which the law supports and frustrates the work of conservation practitioners is examined. As well as offering practical reforms to make the law a better tool for practitioners, consideration is given to wider governance reforms to international environmental law.
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Lindsey, Jaime Tabitha. "Protecting and empowering vulnerable adults : mental capacity law in practice." Thesis, University of Birmingham, 2018. http://etheses.bham.ac.uk//id/eprint/8527/.
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This thesis uses a socio-legal methodology to investigate how mental capacity law balances protection and empowerment of vulnerable adults in cases concerning capacity to: consent to sex, marry and decide on contact. The thesis questions answered are: 1) Who is understood to be vulnerable in mental capacity law and why? 2) To what extent do vulnerable adults participate in mental capacity law proceedings? 3) What forms of knowledge are valued in mental capacity law? 4) How do mental capacity law interventions balance protection and empowerment in relation to adults vulnerable to abuse? These questions are answered by analysing empirical data collected through Court of Protection observations, case file reviews and social worker interviews. I argue that mental capacity law views its subjects as inherently vulnerable, usually because of their disability, in contrast to viewing adults as being vulnerable for situational reasons. Contributing to vulnerability theory, I argue that vulnerability needs to be understood in situational, embodied and relational terms, rather than as caused by features inherent to the individual, such as their mental disability. Viewing adults as vulnerable in situational ways can lead to more nuanced interventions to protect them from abuse whilst ensuring they are empowered as decision-makers.
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Al-Shamrani, Ali Saeed. "Islamic financial contracting forms in Saudi Arabia : law and practice." Thesis, Brunel University, 2014. http://bura.brunel.ac.uk/handle/2438/9145.
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The main objective of this research is to examine whether the current practices of Islamic banking and financial activities in Saudi Arabia are compatible with the principles of Shariah. This examination includes the current uses of sukuk (Islamic bonds), the models of takaful (Islamic insurance) and accepted risk transfer mechanisms in Islamic structured finance (Islamic derivatives). The second purpose is to investigate the basic laws of banking and financial activities in Saudi Arabia and examine whether they are compatible with Shariah principles. The final aim is to suggest solutions to the absence of regulatory and supervisory systems of Islamic finance in Saudi Arabia by proposing a legislative and regulatory framework for Islamic banking and finance in Saudi Arabia. The research findings show that there are no specific laws and regulations governing Islamic banking and financial activities in Saudi Arabia. In addition, there is no independent central Shariah board to regulate and supervise Islamic banking and financial activities in Saudi Arabia, nor are there are any specialised commercial courts to look into banking issues. The research finds that there are some articles in the law of supervision of cooperative insurance companies in Saudi Arabia, and its implementing regulations, which do not comply with Shariah, and in addition, there is some incompatibility between the law and its implementing regulations. The final finding is that the issuance of sukuk and Islamic financial derivatives in Saudi Arabia are not consistent with Shariah requirements, due to the absence of regulatory policies and supervisory harmonisation, while Islamic insurance needs to amend some articles of the law of supervision of cooperative insurance companies in Saudi Arabia, and its implementing regulations, in order to comply with Shariah and also to avoid incompatibility between them.
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Martin, Richard James. "Policing human rights : law, politics and practice in Northern Ireland." Thesis, University of Oxford, 2017. http://ora.ox.ac.uk/objects/uuid:2744019b-8da0-4a60-8ee6-60ef9c7f2dfb.
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Human rights are a defining feature of how the Police Service of Northern Ireland (PSNI) has been 'imagined and made' in its post-conflict society. This thesis marks the first attempt to make sense of how human rights are articulated, interpreted and applied by those intimately involved in Northern Irish policing. Based on extensive access to the PSNI, I marshal qualitative data collected from interviews with over one hundred police officers from various departments. I tour four sites of local policing to expose and examine the vernaculars and practices of human rights that lurk within each. The story I tell over the course of eight chapters is one of a police service trying to sustain human rights as a central narrative to explain its daily work and build its organisational identity in a divided society, to varying degrees of success. I argue that human rights are, in fact, a malleable, contested and conditional concept to 'imagine and make' a police service and regulate the decision-making of its officers; perhaps much more so than police reformers in Northern Ireland had realised or the PSNI wish to acknowledge. In the first half of the thesis, I identify and deconstruct how the PSNI's chief officers and local political parties seek to express and mobilise competing visions, values and agendas through human rights narratives. I then pay close attention to how human rights are interpreted and translated by junior officers performing two forms of routine policing in N.Ireland: the 'dirty work' of the Tactical Support Group and the 'community work' of Neighbourhood Policing Teams. I ask to what extent officers have internalised human rights as way of making sense of their daily work. In the second half of the thesis, I explore police officers as an important, but poorly understood, class of human rights practitioner. To better grasp how officers interpret and apply human rights standards, I closely analyse two sites of policing where distinct schemes of human rights-based regulation exist: public order policing and police custody. This thesis contributes to understandings of the concept of human rights, its interactions with law and politics and the condition of policing in contemporary Northern Ireland.
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Uttaro, Michael T. "Naturalistic Decision-Making in Law Enforcement Practice — Exploring The Process." Diss., Virginia Tech, 2002. http://hdl.handle.net/10919/26739.
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This research explored the process by which several experienced and successful law enforcement officials arrive at the most effective method of decision-making. It draws from traditional decision theory models, but uses the naturalistic decision-making (NDM) paradigm as its guide.
Studies framed by the NDM model have included fighter and commercial pilots, health care professionals, battle commanders, and others. Missing, however, are studies of law-enforcement officers making judgments and decisions under operational conditions. This examination utilized qualitative case study methods of participant observation and focused interviews to collect data and followed Lincoln and Guba's case study structure by identifying the problem, the context, the issues, and the lessons learned. Coding and analysis of the data conformed to the model initially outlined by Strauss (1987) and later redefined by Corbin and Strauss (1990), including open coding, axial coding, and selective coding.
The findings on the decision-making/judgments processes of three experienced law enforcement officials revealed that each officer strived to control the impending event utilizing a number of rational and intuitive processes. One practice was scanning for detail embedded in the situation and utilizing this information for subsequent development of a cognitive map. Additionally, all the officers pursued a comprehensive preparation phase that consisted of the creation of worst-case scenarios and planning tactics to effectively respond to these cases. When decision-making was required, the information available through the scanning process and the preparation phases acted as the foundation for the development of the cognitive map that led each officer to successful resolution of their respective cases.
This study concluded with areas requiring further research and made recommendation that seek to improve police training practices.<br>Ph. D.
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Kask, Maris. "Return directive in law and practice : central themes and issues." Thesis, King's College London (University of London), 2017. https://kclpure.kcl.ac.uk/portal/en/theses/return-directive-in-law-and-practice-central-themes-and-issues(f721cec8-4688-4acd-9e03-21387313f4ef).html.
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Irregular migration management finds itself high on the political agenda of the European Union with the aim to establish a clear, fair and transparent common return policy respecting fundamental rights. Thus, in 2008, the EU adopted the Return Directive that became a subject of vast criticism by academics as well as practitioners due to its controversial nature. The main object of critique has been claims that the Return Directive does not provide sufficient fundamental rights protection for irregular third-country nationals during the return procedure and is thus not in compliance with general principles of EU law. The thesis aims to study the fundamental rights protection in the Return Directive in the light of the Charter of Fundamental Rights and general principles of EU law. While the concerns over the Return Directive’s compliance with the fundamental rights principles continue even now, they have demonstrated a slight shift, which provides reason to question whether the Directive really is as insufficient as initially feared. The thesis sets to examine whether the alleged fundamental rights shortcomings in the Return Directive can be salvaged by the application of the Charter and general principle of EU law. In carrying out the research the thesis aims to study whether the Return Directive entails any shortcomings to provide sufficient fundamental rights safeguards during the return procedure and whether these shortcomings appeared because of the flawed work of legislators or were caused by the Member States whilst applying the Return Directive. The thesis is composed of five parts, beginning with the Introduction and ending with the Conclusions. The form of methodology adopted throughout is therefore doctrinal.
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LEAL, ARCAS Rafael. "Theory and practice of EC external trade law and policy." Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/13171.
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Defence date: 11 March 2008<br>Examining board: Prof. Bruno De Witte, European University Institute (Supervisor) ; Prof. Francesca Martines, Faculty of Economics, University of Pisa ; Prof. Petros C. Mavroidis, Columbia Law School, NY and University of Neuchâtel ; Prof. Ernst-Ulrich Petersmann, European University Institute<br>PDF of thesis uploaded from the Library digital archive of EUI PhD theses<br>Both the European Community (EC) and its Member States agree that it is in their best interest to coordinate their action vis-à-vis the rest of the world in international trade agreements. Theory and Practice of EC External Trade Law and Policy looks at the intricacies of the institutional framework of EC trade law, and with special emphasis on services trade, examines the law and practice of EC external trade relations from a policy, economic, legal and an overarching European constitutional perspective. The objective of the author’s analysis is not only to find ways to nurture and preserve the unitary character of EC external trade relations in areas of shared competence between EU Member States and EU institutions, but also to understand the management of the EC’s external trade relations. The book begins with an analysis of the evolution of the EC common commercial policy, through which the author examines the checks and balances at the micro, meso and macro levels. The author then proceeds to analyse the problems faced by the EU in its external relations and the legal complexity of mixed agreements. This unique legal phenomenon is tackled from an intra-EC perspective as well as from an extra-EU perspective taking into account various implications for third parties. The major EU institutions are examined: the Commission as the negotiator of international trade agreements, the role of the EU Council and the European Parliament in concluding and ratifying of agreements and the European Court of Justice in relation to judicial enforcement. The EU’s decision-making process in the trade arena and its relation with national institutions are examined. The book concludes with an analysis of the EC’s contribution to the Doha Round in the area of services trade.
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Samà, Danilo. "Essays on economic analysis of competition law: theory and practice." Doctoral thesis, Luiss Guido Carli, 2014. http://hdl.handle.net/11385/200947.
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Contains: The antitrust treatment of loyalty discounts and rebates in the EU Competition law: in search of an economic
approach and a theory of consumer harm;
The Effectiveness of competition policy: an econometric
assessment in developed and developing countries;
Cartel detection and collusion screening: an empirical
analysis of the London Metal Exchange.
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Carcano, A. "The Law of Occupation and the Recent Practice of States." Doctoral thesis, Università degli Studi di Milano, 2008. http://hdl.handle.net/2434/59447.
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Abstract
One consequence of the increased reliance by States on the use of military force and the inability of the UN Charter system to prevent and limit such uses has been the forcible occupation of territories. The focus of this dissertation is the analysis of the phenomenon of the occupation of enemy territory from an international law perspective. Under international law, a territory is considered occupied when, as a consequence of military victory, that territory is placed under the authority of a foreign and hostile army in the course of an international armed conflict. A territory is also considered occupied when the hostile army remains in that territory even after the hostilities are over without the consent of the legitimate sovereign over that territory. The first part of the dissertation discusses the content and role of what is generally referred to as the law of occupation, which include, the Hague Regulations, and the whole of the 1949 Geneva Convention IV, and discuss what parts of contemporary international law, in addition to international humanitarian law, apply to a situation of occupation. The second part of this dissertation examines the content, role and effectiveness of the law applicable to an occupation in light of two major cases: the occupation of Iraq (2003-2005) and the occupation of the West Bank and Gaza that began in 1967.
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Mavridis, Iakovos. "The practice of humanitarian intervention after the end of the Cold War : emerging norm or just practice? : humanitarian intervention and international law." Thesis, University of Hull, 2006. http://hydra.hull.ac.uk/resources/hull:5858.
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This thesis examines the practice of humanitarian intervention after the end of the Cold War. In the 90s there was an evident willingness of the world community to promote and protect human rights. The Security Council got involved in matters traditionally regarded internal affairs of states and imposed economic and diplomatic sanctions. What is more, the UN authorised military interventions in cases where massive abuses of human rights have taken place and this is the most significant normative change regarding humanitarian intervention. Thus, from "unilateral" humanitarian intervention we move to "collective" humanitarian intervention. Accordingly, the UN Security Council authorised military action in Somalia, Rwanda and Haiti. Yet, although the Council granted authorisation of the use of force, states had been reluctant to recognise a "unilateral" right of humanitarian intervention. Kosovo is the most challenging case that caused a wide debate regarding the legality of humanitarian intervention. Yet, Kosovo has set a very bad precedent for humanitarian intervention. NATO's violations of humanitarian laws, the bombing against civilian infrastructures, as well as the significant loss of civilian lives proved that the means used were against the proclaimed humanitarian ends. Furthermore, NATO intervention did not bring peace to Kosovo, but the situation remains tense. Thus, it could be argued that the 1999 intervention did not bring a positive and long-term outcome. This is a good case that can illustrate how political and moral omissions can create bad precedents for the emergence of a new norm. Finally, this thesis concludes that after the attacks of 9/11, the prospects of humanitarian intervention in the future are questionable. War against terrorism became the new form of interventionism in the new millennium. Thus, omissions and failures of the past, along with the new challenges of the world community have curtailed the future of humanitarian intervention.
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Evans, E. Christine. "Right to reparations in international law for victims of armed conflict : convergence of law and practice?" Thesis, London School of Economics and Political Science (University of London), 2010. http://etheses.lse.ac.uk/2215/.
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This thesis analyses the international legal standing of the right to reparations for victims of serious human rights and humanitarian law violations and assesses the degree of practical implementation of the right at the national level through post-conflict and transitional justice measures. The central objective of this study is to chart and evaluate developments in law and practice in order to substantiate arguments in favour of an emerging customary right for individuals to receive reparations for serious violations of human rights and a corresponding responsibility of States. To this end, Part I explores the customary nature of human rights and humanitarian law provisions, outlines the basic premise of State responsibility in relation to violations and identifies the general international norms which establish the obligation of States to provide reparations. An examination of the jurisprudence of the International Court of Justice, the Articles on State Responsibility of the International Law Commission and the convergence of norms in different branches of international law, notably human rights law, humanitarian law and international criminal law as well as extensive human rights jurisprudence, international as well as regional, supports the position that the right to reparations is gaining customary recognition. The adoption in 2006 of the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law by the General Assembly of the United Nations further strengthens this claim. Following the legal analysis, Part II of the study explores State practice in relation to reparations through four case studies; Guatemala, Sierra Leone, East Timor and Colombia between 1999 and 2009. Analysis is undertaken of peace agreements and to what extent post-conflict measures, such as Truth Commissions, have promoted State responsibility for reparations, been supported by the United Nations, interacted with human rights mechanisms and prompted subsequent elaboration of domestic legislation and reparations policies. The thesis concludes that there is significant convergence in law in favour of the right to reparations. The lacuna between norm and implementation should be overcome by reinforcing State responsibility to provide reparations for victims.
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Braun, Peter. "The practical impact of E.U. public procurement law on PFI procurement practice in the United Kingdom." Thesis, University of Nottingham, 2001. http://eprints.nottingham.ac.uk/10913/.
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The emergence of Private Finance Initiative (PFI) in the 1990s has been described as the largest cultural change for decades in the way the public sector operates. PFI projects distinguish themselves from traditional methods of public purchasing by their commercial complexity and long contractual term. Most of these projects have to be delivered within the regulatory framework of public procurement which has remained largely unchanged since the 1970s. The overall objective of the study has been to gain a complete picture of PFI practice in the light of the apparent divergence between the law and commercial requirements. It was aimed to investigate whether this divergence has brought about a "PFI procurement practice." If so, it was aimed to examine the reasons for the emergence of the practice and whether it deviated from procurement law. To achieve these objectives, PFI practice was approached from an outsider and insider perspective. The perspective of insiders was gained by conducting a qualitative empirical study based on interviewing PFI experts. The outsider perspective was derived from legal analysis backed up by relevant material provided by interviewees. The main conclusion of the study is that legal practitioners have adopted solutions in different PFI projects largely resembling each other. The resemblance justifies referring to them as PFI procurement practice. This, practice was found to be not always in compliance with a literal interpretation of procurement law. Factors driving the divergence between law and practice include the perception of practitioners that strict compliance disproportionately hampers the commercially oriented PFI procurement practice. In addition, H. M. Treasury has increased the divergence by publishing guidance notes on PFI procurement which disregard procurement law in many respects. A further reason for the divergence is that private sector bidders have abstained from enforcing procurement law in the courts. In so doing, they have significantly reduced the risk of challenges for authorities developing PFI procurement practice.
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Bianchet, Lara. "Treaty Modification by Subsequent Practice : Analysis of the present legal framework, the expansive potential and the consequences of treaty modification by subsequent practice." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-65713.
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Adonis, Tanya. "The employment recruitment and promotion process: legal regulation and practice." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/16492.
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Includes bibliographical references<br>Recruitment is an integral part of any organization. It forms the foundation upon which every other practice is built. It is a process which is often regarded lightly and not given the due consideration it deserves. It is therefore pertinent to have a recruitment process in place which ensures legal compliance, as well as the longevity of the business. The concept of legal compliance in the employment recruitment and promotion process has proved at best inconspicuous. The process has allowed for much legal debate, which spans from the CCMA all the way through to the Constitutional Court. The process has also allowed for much jurisprudence to be developed regarding the implementation and application of the statutes governing it. This dissertation will focus on the limitations placed on management prerogative by labour law the procedural and substantive fairness requirements. It will do so by exploring case law, risk management measures and what is required to ensure a contract of employment is legal and binding on both parties. It is important to read this dissertation in the light of how labour law overlaps with and impacts on management prerogative. This view is necessary to understand how the push - pull dynamic between these two factors in recruitment and promotion have molded the process to encompass issues that substantively outweigh their procedural counterparts and vice versa. It is necessary in this dissertation to expound on the fundamental law governing the recruitment and promotion process and will explore concepts of management prerogative, amongst others. The objective of this dissertation is to investigate the ambiguities imposed by procedural and substantive fairness and will venture into risk management measures and contractual obligation s as a failsafe for employers to demystify the process.
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Potter, Pitman B. "Policy, law and private economic rights in China : the doctrine and practice of law on economic contracts /." Thesis, Connect to this title online; UW restricted, 1986. http://hdl.handle.net/1773/10786.
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Ossman, Ghassan. "The theory and the practice of disguised extradition under international law : with particular reference to English law." Thesis, University of Liverpool, 1990. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.278775.
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Huang, Ze Yu. "Pathological arbitration clauses in international commercial arbitration :law and practice in China." Thesis, University of Macau, 2016. http://umaclib3.umac.mo/record=b3570897.
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Boda, Michael D. "Judging 'free & fair': international law as a norm for electoral practice." Thesis, University of Oxford, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.491574.
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There has been much interest in assessing whether elections conform to an established standard of practice, especially in emerging democracies in the Balkans, the former Soviet Bloc, Africa, Asia, but more recently in established democracies such as the United States. Indeed, the conduct of many elections is routinely evaluated by observers from international and regional bodies and domestic and international non-governmental organisations.
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Bhusal, Dharma Raj. "Economic Crime : Law and Legal Practice in the context of Nepal." Doctoral thesis, Universitätsbibliothek Chemnitz, 2009. http://nbn-resolving.de/urn:nbn:de:bsz:ch1-200901495.
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The doctoral thesis is dealing with the phenomenon of economic crime in the context of Nepal, i.e. a developing country situated between two big emerging States, China and India. The study starts by explaining objectives and methods of the work, then it gives a short overview about the actual social, economic and political situation of Nepal. Chapter 3 concentrates on the definitions of "economic crime" and describes seven different types, starting with corruption and ending with money laundering. The explanation of these various types is completed by sketching the relevant working agencies the task of which is to fight against specific crimes. In the next chapter, the author at first shows the structure of the Nepali legal order and organisation, before he is looking at various laws/acts relating to economic crime. At the end of chapter 4, he is trying to compare those laws and to assess their stringency and efficiency. Chapter 5 deals more detailledly with relevant working agencies and is structured similar to the previous one, i.e. it explains the organisation, task and powers of each agency as well as their cooperation and, at the end, it tries to assess common features, parallels as well as divergencies between them. Chapter 6 is based upon field studies of the author. On the one hand, it shows the results from questionnaires which were handed out to a lot of persons in Nepal and which might give a rather broad impression about various aspects of economic crime in this country. On the other hand, a very prominent case (Governor and Director of Nepal Rastra Bank) is looked at more intensively, and the author has scanned important original documents in order to give a clear account of its main features. At last, by summing up theoretical, normative and empirical components the author has been caused to deliver some proposals of his own for remedies relating to economic crime, in particular concerning improvements of control mechanisms and establishing a single working agency with different departments for the fight against economic crime<br>Die rechtswissenschaftliche Dissertation befasst sich mit dem Phänomen von "economic crime" (Wirtschaftsstraftaten) im Kontext Nepals, d.h. eines Entwicklungslandes, das zwischen zwei großen Schwellenländern, China und Indien, gelegen ist. Die Untersuchung beginnt mit einer Erläuterung von Zielen und Methoden der Arbeit und gibt dann einen kurzen Überblick über die gegenwärtige gesellschaftliche, wirtschaftliche und politische Lage Nepals. Kap. 3 widmet sich den Definitionen von "economic crime" und beschreibt sieben unterschiedliche Typen, von Korruption bis Geldwäsche. Die Darstellung dieser verschiedenen Typen wird ergäzt durch einen Blick auf die zuständigen staatlichen Stellen, die mit dem Kampf gegen "economic crime" befasst sind. Im nächsten Kapitel zeigt der Verfasser zunächst die Struktur der Rechtsordnung und Staatsorganisation Nepals auf, bevor er sich zahlreichen Rechtsvorschriften bezüglich "economic crime" zuwendet. Am Schluss des 4. Kapitels ist er bestrebt, diese Vorschriften zu vergleichen und ihre Stringenz und Effizienz zu würdigen. Kap. 5 befasst sich ausführlicher mit den zuständigen (Verwaltungs-) Stellen und ist ähnlich aufgebaut wie das vorherige, d.h. es erläutert Aufbau, Aufgabe und Befugnisse jeder Stelle sowie deren Zusammenarbeit und versucht schließlich, Gemeinsamkeiten, Parallelen und Unterschiede zu verdeutlichen. Kap. 6 stützt sich auf Feldstudien des Verfassers. Einerseits zeigt es die Ergebnisse einer Erhebung per Fragebogen auf, den eine Vielzahl von Personen in Nepal erhielten und ausfüllten und durch den wichtige Eindrücke über verschiedene Aspekte von "economic crime" in diesem Land vermittelt werden. Andererseits wird ein überaus prominenter Fall (Gouverneur und Direktor der Nepal Rastra Bank) eigehender erörtert und der Verfasser gibt im Text wichtige Originaldokumente wieder, um die wesentlichen Züge dieses Vorfalls deutlich zu machen. Abschließend stützt sich der Verfasser auf theoretische, normative und empirische Erkenntnisse zur Unterbreitung eigener Vorschläge für Maßnahmen ("remedies") gegen "economic crime", vor allem im Hinblick auf eine Verbesserung der Überwachung und des Vollzugs sowie der Errichtung einer einzigen zuständigen Behörde mit mehreren Abteilungen zum Kampf gegen Wirtschaftsstraftaten
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Cherry, David A. "The marriage of Roman citizens and non-citizens law and practice." Thesis, University of Ottawa (Canada), 1986. http://hdl.handle.net/10393/4669.
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Jachec-Neale, Agnieszka. "The concept of military objective in international law and military practice." Thesis, University of Essex, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.576983.
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This thesis analyses the concept of military objective in international law and in the practice of states. It examines all the components of the definition enshrined in Article 52.2 of the 1977 Additional Protocol I to the four 1949 Geneva Conventions. This involves considering the meaning and interpretation of the terms involved, such as effective contribution to military action and definite military advantage. The thesis also discusses subsequent practice in the application of the treaty. Such practice, in line with the Vienna Convention on the Law of Treaties, assists in the clarification of the interpretation of the phrases used in the test. This thesis also examines how the definition works in practice. It seeks to identify what state practice can tell us about the interpretation of the definition, and the problems states may encounter when applying it. The practice in this thesis is analysed from two angles. First, the thesis looks at how military doctrine - which influences how armed forces conceptualize military operations - may affect the behaviour of states during armed conflict. Such behaviour contributes to what is regarded as the practice of states, which further assists in clarifying of the interpretation of the definition. The analysis of military doctrine comprises a general overview of strategic, operational and tactical doctrine, and a discussion of specific targeting doctrine. Second, the thesis will consider practice in the specific context of coalition warfare. This analysis highlights the fact that states' behaviour may be affected by a number of factors, including political imperatives and military considerations. This complicates the evaluation of such practice. A separate issue results from the research conducted, and concerns the standard of evidence required for the legal assessment of targets.
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Abbott, Simon Nicholas. "Using the law in social work Approved Mental Health Professional practice." Thesis, University of Sussex, 2018. http://sro.sussex.ac.uk/id/eprint/77773/.
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The research study focuses on how social work Approved Mental Health Professionals (AMHPs) use the law in practice. AMHPs in England and Wales have statutory powers under the Mental Health Act 1983 (MHA) to detain people in hospital for assessment and/or treatment. The stakes in this area of law and social work are high: practitioners deal with important issues concerning individual liberty that have profound implications in relation to the power of the state to intervene in the lives of citizens, where notions of autonomy, protection, coercion and care sit in tension. The study explores the relationship between law and social work practice by interpreting meanings contained in case stories told by social work AMHPs about recent Mental Health Act assessments that they undertook. Eleven social work AMHPs, purposively selected from three different local authorities in England, participated in the study, which used qualitative in-depth interviews to collect data about using the law in circumstances where compulsory admission to hospital was a possibility. The use of case stories encouraged participants to provide a rich description of events as they unfolded over time. The data were analysed using Framework analysis (Ritchie and Spencer 1994). Computer Assisted Qualitative Data Analysis in the form of NVIVO was utilized to manage the data, and to support data analysis. Five themes are presented in the findings chapter: understanding the referral situation; understanding the individual; understanding the situation causing concern; community versus containment, and relationships and resources. The study contributes to knowledge by illuminating how the use of law in practice is an inherently socio-relational undertaking, involving embodied practice. Bourdieu's (1977) concept of habitus is used to make sense of participants' accounts of the action that unfolds when they use the law. A further contribution is made to knowledge on legal literacy in social work, where there is little empirical research focusing on how social workers use the law, and still less on how mental health social workers use the law to consider compulsory powers under mental health legislation. The organisational factors impacting on how participants relate to the law are outlined and discussed drawing on legal consciousness theory (Ewick and Sibley 1998; Sibley 2005), together with an account of how participants adapt to this, drawing on street level bureaucracy (Lipsky 1990). The thesis explores the distinction in practice between medical and social perspectives occupied by AMHPs when they use the law in circumstances where compulsory admission to psychiatric hospital is a possibility. The study findings suggest that AMHPs' perspectives are holistic and social and can be understood as occupying a socio-medical-juridical perspective. The most important factor in the decision to use compulsory powers in mental health law to detain a person involves the AMHP taking a wide perspective in terms of their understanding of the individual that is relational to the understanding of others, and understanding the person in their environment in relation to how they relate to others. The thesis outlines that the social and family situation of the person assessed, combined with views of others, and particularly the impact of risk on others, is the most influential factor in the decision to detain. This leads to the further argument that notwithstanding a holistic and social perspective, this does not necessarily lead to less coercive interventions. Medical and social perspectives thus often lead to the same conclusions in relation to decisions to use the law to detain.
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Bunn-Altham, Sandra Louise. "Juricultural pluralism vis-á-vis treaty law : state practice and attitudes." Thesis, University of Cambridge, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.624176.
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White, Jennifer. "Gendered practice in the provincial law firm : pay, progression and parenthood." Thesis, University of Southampton, 2016. https://eprints.soton.ac.uk/402564/.
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Over the last thirty years there has been a dramatic diversification of the legal services sector; a significant number of women have joined the workforce. Feminist theorists and legal scholars have sought to understand the 'feminisation' of the profession and the paradoxical processes of gender stratification and gender segmentation. Despite the volume of scholaship in this field, there is a lack of empirical data on gender, the body and professional service firms (PSFs). This thesis addresses this gap, offering insight into the 'provincial PSF' and introducing the non-elite legal services worker into existing debates within femnist geography regarding gender and the body at work. This qualitative study is the first of its kind, comprising forty in-depth interviews with male and female legal professionals employed in the local labour markets (LLMs) of Bristol and Guildford. Data analysis uncovers striking gendered difference in aspirations and attitudes regarding pay, place, career progression and parenthood. Using a range of methodological tools, an interdisciplinary appeoach aims to flesh out a new feminist 'politics of the body' which can be used by feminist geographers to examine interactive services work.
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Delle, Fave Francesco Maria. "Theory and practice of coordination algorithms exploiting the generalised distributive law." Thesis, University of Southampton, 2012. https://eprints.soton.ac.uk/342946/.
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A key challenge for modern computer science is the development of technologies that allow interacting computer systems, typically referred as agents, to coordinate their decisions whilst operating in an environment with minimal human intervention. By so doing, the decision making capabilities of each of these agents should be improved by making decisions that take into account what the remaining agents intend to do. Against this background, the focus of this thesis is to study and design new coordination algorithms capable of achieving this improved performance. In this line of work, there are two key research challenges that need to be addressed. First, the current state-of-the-art coordination algorithms have only been tested in simulation. This means that their practical performance still needs to be demonstrated in the real world. Second, none of the existing algorithms are capable of solving problems where the agents need to coordinate over complex decisions which typically require to trade off several parameters such as multiple objectives, the parameters of a sufficient statistic and the sample value and the bounds of an estimator. However, such parameters typically characterise the agents’ interactions within many real world domains. For this reason, deriving algorithms capable of addressing such complex interactions is a key challenge to bring research in coordination algorithms one step closer to successful deployment. The aim of this thesis is to address these two challenges. To achieve this, we make two types of contribution. First, we develop a set practical contributions to address the challenge of testing the performance of state-of-the-art coordination algorithms in the real world. More specifically, we perform a case study on the deployment of the max-sum algorithm, a well known coordination algorithm, on a system that is couched in terms of allowing the first responders at the scene of a disaster to request imagery collection tasks of some of the most relevant areas to a team of unmanned aerial vehicles (UAVs). These agents then coordinate to complete the largest number of tasks. In more detail, max-sum is based on the generalised distributive law (GDL), a well known algebraic framework that has been used in disciplines such as artificial intelligence, machine learning and statistical physics, to derive effective algorithms to solve optimisation problems. Our iv contribution is the deployment of max-sum on real hardware and the evaluation of its performance in a real world setting. More specifically, we deploy max-sum on two UAVs (hexacopters) and test it a number of different settings. These tests show that max-sum does indeed perform well when confronted with the complexity and the unpredictability of the real world. The second category of contributions are theoretical in nature. More specifically, we propose a new framework and a set of solution techniques to address the complex interactions requirement. To achieve this, we move back to theory and tackle a new class of problem involving agents engaged in complex interactions defined by multiple parameters. We name this class partially ordered distributed constraint optimisation problems (PO-DCOPs). Essentially, this generalises the well known distributed constraint optimisation problem (DCOP) framework to settings in which agents make decisions over multiple parameters such as multiple objectives, the parameters of a sufficient statistic and the sample value and the bounds of an estimator. To measure the quality of these decisions, it becomes necessary to strike a balance between these parameters and to achieve this, the outcome of these decisions is represented using partially ordered constraint functions. Given this framework, we present three sub-classes of PO-DCOPs, each focusing on a different type of complex interaction. More specifically, we study (i) multi-objective DCOPs (MO-DCOPs) in which the agents’ decisions are defined over multiple objectives, (ii) risk-aware DCOPs (RA-DCOPs) in which the outcome of the agents’ decisions is not known with certainty and thus, where the agents need to carefully weigh the risk of making decisions that might lead to poor and unexpected outcomes and, (iii) multiarm bandit DCOPs (MAB-DCOPs) where the agents need to learn the outcome of their decisions online. To solve these problems, we again exploit the GDL framework. In particular, we employ the flexibility of the GDL to obtain either optimal or bounded approximate algorithms to solve PO-DCOPs. The key insight is to use the algebraic properties of the GDL to instantiate well known DCOP algorithms such as DPOP, Action GDL or bounded max-sum to solve PO-DCOPs. Given the properties of these algorithms, we derive a new set of solution techniques. To demonstrate their effectiveness, we study the properties of these algorithms empirically on various instances of MO-DCOPs, RA-DCOPs and MAB-DCOPs. Our experiments emphasize two key traits of the algorithms. First, bounded approximate algorithms perform well in terms of our requirements. Second, optimal algorithms incur an increase in both the computation and communication load necessary to solve PO-DCOPs because they are trying to optimally solve a problem which is potentially more complex than canonical DCOPs.