Dissertationen zum Thema „Standardization of national laws“
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Mathekgane, Justice Mpho. „The laws regulating National Health Insurance scheme :prospects and challenges“. Thesis, University of Limpopo, 2013. http://hdl.handle.net/10386/2542.
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Diop, Falilou. „Uniformisation du droit de la propriété intellectuelle et conflits de lois dans l'OAPI“. Electronic Thesis or Diss., Lyon, 2021. http://www.theses.fr/2021LYSE3046.
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L’idée selon laquelle l’uniformisation du droit de la propriété intellectuelle écarte le problème des conflits de lois semble profondément ancrée dans l’opinion des observateurs qui se sont intéressés au droit de l’OAPI. Du moins, les études qui se rapportent à la propriété intellectuelle dans cet espace n’abordent pas spécifiquement la question du conflit de lois. Lorsqu’elles l’évoquent ponctuellement, elles se limitent essentiellement à constater que ses rapports avec le droit uniforme se résument à sa disparition pure et simple. Ce constat commun méritait néanmoins d’être vérifié. C’est donc à une telle vérification, opérée au moyen d’une confrontation des effets de l’uniformisation du droit de propriété intellectuelle et des causes du problème des conflits de lois, qu’est consacrée la première partie de la présente thèse. Les résultats de cette confrontation conduisent à constater la persistance du problème des conflits de lois au sein de l’espace OAPI, même si le droit uniforme ne manque pas d’en influencer la configuration. Ainsi, la seconde partie de la thèse est consacrée à la recherche de solutions adaptées à la configuration particulière du problème dans l’OAPI. Cette recherche des solutions prend en compte les objectifs de l’entreprise d’uniformisation du droit de propriété intellectuelle, les engagements internationaux des États membres ainsi que les intérêts spécifiques que l’identification de la loi applicable cherche à servir. Elle aboutit, d’une part, à la proposition de solutions positive concernant la coordination institutionnelle nécessaire à une réalisation uniforme des droits de propriété intellectuelle ; d’autre part, à l’élaboration de règles destinées à l’identification de la loi applicable aux différents aspects de la propriété intellectuelleThe idea that the uniformization of intellectual property law eliminates the problem of conflict of laws seems to be deeply rooted in the opinion of observers who have taken an interest in OAPI law. At least, the studies that relate to intellectual property in this space do not specifically address the issue of conflict of laws. When they mention it occasionally, they essentially limit themselves to asserting that the uniform law eliminates the problem of conflicts of laws. This common observation nevertheless deserved to be verified. The first part of this thesis is devoted to such a verification. This verification was carried out by means of a comparison between the effects of the uniform intellectual property law and the causes of the problem of conflicts of laws. The results of this confrontation show the persistence of the problem of conflicts of laws within the OAPI area, even if uniform law does not fail to influence its configuration. The second part of the thesis is devoted to the search for solutions adapted to the configuration of the problem within the OAPI area. This search for solutions considers the objectives of the uniformization of intellectual property law, the international commitments of the member states as well as the specific interests that the identification of the applicable law seeks to serve. It leads, on the one hand, to the proposal of positive solutions concerning the jurisdictional coordination necessary for a uniform realization of intellectual property rights; on the other hand, to the development of rules intended to identify the law applicable to different aspects of intellectual property
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Abseno, Musa Mohammed. „The interface between international and national laws : the role of national water laws and institutions in advancing the implementation of, and compliance with, international obligations : a Nile case study“. Thesis, University of Dundee, 2013. https://discovery.dundee.ac.uk/en/studentTheses/a4c9bce4-e612-4174-b728-26e83563e739.
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The purpose of this research is to develop a coherent analytical framework for assessing the nexus between international and national law - based on the proposed case study for the implementation of the Nile River Basin Cooperative Framework Agreement (CFA) in Ethiopia and Uganda; and in order to draw lessons for other basins. Chapter 1 introduces the scope of the research in general, and sets out the basic background on the subject in order to address the main research question: 'How and to what extent, do national laws and institutions support or hinder the implementation of and compliance with international obligations?' Chapter 2 examines the scope and structures of basic substantive and procedural principles as well as basin-wide and subsidiary institutional structures incorporated in the Nile River Basin Cooperative Framework Agreement, and seek to confirm the viability of implementation with the support of the national legal systems. Chapter 3 will assess the Ethiopian and Ugandan legal systems in order to determine the capacity of existing policies, laws, regulations and institutions in implementing the basic principles of international water law within the ambit of the CFA. Chapter 4 considers procedural rules, such as general obligations to cooperate on data and information. The extent of support for the implementation of procedural rules within the national laws of Ethiopia and Uganda will be considered in order to ascertain whether the applicable international law and national law provides an effective interface in relation to data and information exchange. In this regard, the principles of planned measures and Environmental Impact Assessment (EIA) and audits are analysed in order to ascertain the extent of support and strength of the interface between international and national law. Chapter 5 will consider the framework of institutional structures in the context of the basin-wide framework; sub-basin structures and the national institutional structures. The chapter seeks to analyze the appropriate supportive linkages between international river basin organizations and national institutions. The findings of the analytical framework and the methodology employed will be analysed in chapter 6, in order to answer the key question: “How and to what extent, do national laws and institutions support or hinder the implementation of and compliance with international obligations?” This chapter will provide insights from the examination of the CFA and national laws and institutions to advance a framework for reviewing the international-national water law interface within transboundary river basins. Chapter 7 recaps the analysis and findings of the thesis.
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Vetter, Henning. „International and selected national law on bioprospecting and the protection of traditional knowledge“. Thesis, University of the Western Cape, 2006. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_1427_1183465033.
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This thesis discussed the subjects of bioprospecting and the protection of traditional knowledge. At first the international approach to the subjects was elaborately discussed. The focus was on the respective provisions of the United Nations Convention on Biological Diversity and the related Bonn Guidelines, stressing the matter of access to genetic resources and the fair and equitable sharing of benefits arising from their utilization. Enclosed in this discussion was the examination of different legislatory approaches to tackle the subject with an emphasis on national intellectual property rights laws and the role and potential merit of national registers of and databases for specific traditional knowledge. The way national legislators have implemented the concerned obligations of the convention, and their peculiarities as for example the restriction of scope of law to indigenous biological resources, was exemplified with the respective Bolivian, South African as well as Indian laws.
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Hollard, Julie. „The removal of technical barriers to trade in the WTO era : a cause of gains and losses of power among national actors“. Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=33359.
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The implementation of the 1994 GATT accords on technical barriers to trade led to an unprecedented level of trade liberalisation. Most countries have increased their economic interdependence. The role delegated to multinational enterprises has been considerably extended. It is suggested that they could become subjects of international law. Their participation in standardisation, eco-labelling and consultation programs increased. They also adopted private codes of conduct and have modernised the way they dialogue with regulatory authorities. One of the impacts of the Uruguay Round Agreements is a subtle reorganisation of forces within national economies. Tremendous responsibilities are progressively undertaken by private entities in domains where the state used to regulate unilaterally. The shift of power from public entities to private ones is discreet but has effects on all traditional sources of law. New forms of regulation on multinational enterprises need to be created. One of the main sources of innovation is a negotiated self-regulation
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Gurung, Pramita. „Study of social security laws and policy relating to labour in organized sector in India“. Thesis, University of North Bengal, 2018. http://ir.nbu.ac.in/handle/123456789/2818.
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Troestler, Andrea, und Hsin Ping Lee. „The adaptation and standardization on websites of international companies : Analysis and comparison from websites of United States, Germany and Taiwan“. Thesis, Linköping University, Department of Management and Engineering, 2007. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-9801.
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To find an appropriate balance between centralization and localization is a key factor for a successful international company. From a company perspective, this thesis tries to figure out if the different aspects such as organizational culture, national culture and industry sector determine the standardization or adaptation of companies' websites and which website features are affected. The internationalization typology of Barlett and Ghoshal has been used to classify 12 companies from 3 industry sector according to their international strategy. Then their websites in United States, Germany and Taiwan will be analysed to compare if the internationalization types among their websites correspond to the expected. The results show that the three aspects impact the appearence of their websites.
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Koboto, Oduetse. „Reform of environmental laws in Botswana: the need for an environmental framework act“. Thesis, University of the Western Cape, 2010. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_2442_1363785521.
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Peterson, Allison A. „“Inter Arma Silent Leges: In Time of War the Laws are Silent”“. Ohio University Art and Sciences Honors Theses / OhioLINK, 2010. http://rave.ohiolink.edu/etdc/view?acc_num=ouashonors1274117648.
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Latulippe, Chloé. „Territoire, mouvement et protection des minorités en droit international : le cas des Roms et des Gens du voyage“. Thesis, McGill University, 2007. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101820.
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In an era of globalisation, often described as the era of mobility and of the decline of the relevance of territory, the Roma and the Travellers embody a transnational and non-territorial society. Yet this minority group experiences deplorable living conditions and the survival of its culture is endangered. A study of minority protection mechanisms in international law reveals that the grasp of territory and "sedentarism" has far from disappeared from this branch of law. Territory (or the absence thereof) and movement are the main challenges faced by international law in the development of solutions to the situation of the Roma and the Travellers. In light of the failure of current minority protection regimes, the quest for recognition of a "Roma nation" appears to be an avenue worth exploring. However, while the Roma may not fall clearly within the parameters of minority protection, they do not fall clearly within the concept of nation either. When examining the potential of such recognition, one realizes that it is necessary to redefine the right of self-determination in the context of minority protection and in a transnational and non-territorial perspective.
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Jones, Joseph Timothy. „The Association between Medical Marijuana Laws and Maternal Marijuana Use“. ScholarWorks, 2017. https://scholarworks.waldenu.edu/dissertations/3530.
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Marijuana is the most common illicit drug that is abused by pregnant women, and recently many states have adopted various levels of relaxed marijuana policies. The purpose of this study was to evaluate a potential association between residing in a state that allows medical marijuana use and maternal marijuana usage. Grounded in the theory of planned behavior, this study evaluated the prevalence and extent of maternal marijuana use in states that allow and states that do not allow medical marijuana use using the National Survey of Drug Use and Health (NSDUH). It was anticipated that more lenient subjective norms toward marijuana use and increased availability would support an increase of maternal marijuana use. The 2014 NSDUH was queried and analyzed using chi-square and logistic regression. The study revealed an increase of maternal marijuana use in states where medical marijuana was allowed, but the increase was not statistically significant. An increase of heavy users was observed in states where medical marijuana was allowed (54% versus 37%). Consistent with other research findings, this study revealed that young (OR = 3.56; 95% CI: 1.379, 9.213; p = 0.009) and unmarried (OR = 6.81; 95% CI: 2.485, 18.661; p < 0.001) pregnant woman were at higher risk for past month maternal marijuana use and had similar results for past year use. The unintended consequences of increased in utero marijuana exposure and its subsequent negative public health effects have been missing from the discussion of the relaxation of statewide marijuana policies. This study will provide policy makers responsible for changing marijuana policy with useful evidence on the unintended consequences of increased maternal marijuana use in areas where medical marijuana is allowed.
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García, Toma Víctor. „The Constitution and the national legal system“. THĒMIS-Revista de Derecho, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/108530.
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By which rules and principles does our sources oflaw system work? What is the relevance of our Constitution and of the Constitutional Court in thematter?In this article, the renowned constitutionalist falls in on these topics with a detailed work, but he also traces a path through our legal system, describing the norms it consists of according to their hierarchyin “the pyramid”.¿Por qué reglas y principios se rige nuestro sistema de fuentes de Derecho? ¿Cuál es la importancia denuestra Constitución y del Tribunal Constitucionalal respecto?En el presente artículo, el renombrado constitucionalista incide sobre estas cuestiones con una detallada exposición, así como también hace un recorrido a través de nuestro sistema jurídico, describiendo las normas que lo componen de acuerdo a su jerarquía en “la pirámide”.
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Tang, Chao. „The scope and diversity of international obligations and national laws governing same-sex relationships and emerging issues in China“. Thesis, University of Macau, 2012. http://umaclib3.umac.mo/record=b2590471.
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Mesbah, Roya. „French National Identity At The Dawn Of Globalization Searching For A New Cohesion“. The Ohio State University, 2008. http://rave.ohiolink.edu/etdc/view?acc_num=osu1206378121.
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Bouazzi, Cherif, und Suleiman Nadabo Lawal. „Building Trust in a Cross-Cultural Context: The National Investor in United Arab Emirates and Egypt“. Thesis, Högskolan i Gävle, Företagsekonomi, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:hig:diva-27534.
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Aim: The aim of the study is to examine trust development in international marketing of financial services marketing of the National Investor (TNI) in UAE and Egypt. To achieve this, the researchers adapted Fregidou_Malama and Hyder (2015) framework of international services marketing that explains cultural influences on Adaptation/Standardization, network and trust formation in international services marketing. Method: A single case study approach is used as the research strategy and qualitative research using semi-structured interviews. The research uses qualitative interviews as the primary source of empirical data. Results and Conclusion: This study indicates that cultural values play a major role on the way people communicate, interact and conduct their businesses within the financial services sector in UAE and Egypt, and that cultural values, origins, policies, rules and regulations are factors that can affect how international companies build trust relationships within local cultures. Our results show that cultural dimensions such as power distance, individualism/collectivism, uncertainty avoidance, and masculinity/feminity affect trust building, networking and adaptation strategies in international marketing of financial service of the company. Research Contribution: This study contributes and shows the implication of the need for adaptation to satisfy customers’ needs and expectations in international marketing of financial services. The United Arab Emirates (UAE) and Egypt have almost identical cultural dimensions, in order to build trust, TNI adapts its services to meet up with the Egyptian customers' needs and expectations. In addition, all of the previous studies that were conducted using Fregidou_Malama and Hyder (2015) framework are in the marketing of healthcare services of Elekta AB, Sweden whereas this study focuses on financial services and also conducted and compared two identical national cultures from two different countries and their influence. Suggestions for Future Research: One of the limitations of this research is that it is a case study and doesn’t reflect the overall international financial sector and therefore the results and observations indicated in this research might differ along with the variation of the studied environment. Therefore, we recommend further study using the same model within the same financial service sector and the same business environment and compare with any European nation that is culturally distant from the United Arab Emirates and Egypt.
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LaRosa, Richard J. „A Cross-National Comparison of Corporate Web-Site Communications: An Examination of the Services Sector“. Cleveland, Ohio : Cleveland State University, 2008. http://rave.ohiolink.edu/etdc/view?acc_num=csu1233079496.
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Thesis (D.B.A.)--Cleveland State University, 2008.Abstract. Title from PDF t.p. (viewed on Apr. 1, 2009). Includes bibliographical references (p. 136-144) and appendices. Available online via the OhioLINK ETD Center. Also available in print.
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CERAN, Olga. „Cross-border child relocation : national law in a united Europe“. Doctoral thesis, European University Institute, 2022. http://hdl.handle.net/1814/74359.
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Defence date: 17 March 2022Examining Board: Prof. Stefan Grundmann (Humboldt-Universität zu Berlin & European University Institute); Prof. Martijn Hesselink (European University Institute); Prof. Katharina Boele-Woelki (Bucerius Law School); Dr. Ruth Lamont (University of Manchester)
Cross-border child relocation cases are among the most difficult disputes that family judges need to face. Commentators across the globe disagree on the interpretation of the child's best interests and the relevance of adults' autonomy in this context. As relocations are directly concerned with free movement, the literature has expressed an interest also in the European Union's influences in this area. However, considering its lack of competence in family law and the limited jurisprudence of the Court of Justice of the European Union on such issues, some questions about the scope and nature of obligations imposed by EU law remain open. This thesis investigates, therefore, the following question: What is the (nature of) EU law's influence on cross-border child relocation and what are its effects on national legal systems? Its contribution is two-fold. Methodologically, it proposes a constructively oriented investigation of European influences in child relocation law. Cross-border movement constitutes the main raison d'être of EU law, and a defining feature of its community. Hence, a mixture of traditional values and new ways of life - sanctioned by a supranational entity - might lead to new dilemmas regarding children's interests and adult autonomy and complicate relocation decisions. The suggested approach allows contextual influences to be analysed together with legal doctrines, at both the EU and the national level. Substantively, the thesis builds on existing research to refine the understanding of child relocation in the context of supranational fundamental rights and freedoms in the EU, in their doctrinal and ideational dimensions. Finally, using case law from Germany, Poland, and England and Wales, it qualitatively investigates how national judges encounter the EU and draw from its ideational and legal features. This thesis demonstrates how the normatively inflicted EU context is occasionally used in courts but does not seem to consistently reorient national approaches towards the EU.
Chapter 3 ‘Child relocation and the European framework of human rights' of the PhD thesis draws upon an earlier version published as an article 'Child relocation, soft law, and the quest for umiformity at the European court of human rights : part one' (2020) in the journal ‘Prawa prywatnego’
Chapter 3 ‘Child relocation and the European framework of human rights' of the PhD thesis draws upon an earlier version published as an article 'Child relocation, soft law, and the quest for umiformity at the European court of human rights : part two' (2021) in the journal ‘Prawa prywatnego’
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Urapeepatanapong, Kitipong. „Legal aspects of countertrade under the General Agreement on Tariffs and Trade and the national laws of Canada and Thailand“. Thesis, University of British Columbia, 1987. http://hdl.handle.net/2429/26147.
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Countertrade is no longer a new term in international trade. Countertrade will continue to grow in the next decade despite opposition from various developed countries. Nevertheless, little attention has been given to develop a generally acceptable definition of countertrade and a classification of its forms. More importantly, the study of the legal implications of countertrade under GATT and national laws of countries involved in countertrade is still limited. This thesis is a first step to explore the definition and forms of countertrade, as well as its national and international legal implications.
The first part of this thesis, respecting the overview and framework of countertrade, contains three chapters. The first chapter describes the purposes and methodology employed in the research of this thesis. Chapter two discusses the development of countertrade in world trade and the definitions and major forms of countertrade transactions. A definition of "countertrade" is proposed. The discussion of elements contained in each form of countertrade will assist classification of the forms of countertrade. The advantages and disadvantages of countertrade from the perspective of both developed and developing countries is also discussed. In Chapter three, the development of countertrade policy in Canada and Thailand is examined. The writer concludes that countertrade should be encouraged but with care taken to adopt the form most suitable to the specific problems each country is facing. Generally, Thailand and Canada should study the impacts of countertrade on their economies prior to implementing countertrade policies. In respect of their mutual relations, Thailand and Canada should put an emphasis on the development of countertrade practice in the forms of Offsets and Compensation.
The second part respecting the legal implications of countertrade, consists of Chapters four, five and six. Chapter four examines the legal implications of countertrade under the major provisions of the GATT and its Codes. The writer concludes that there are a number of unresolved problems with which GATT and the Codes cannot deal efficiently because they were drafted while countertrade was still unimportant in international trade. A study of the impact of countertrade and a detailed study of the legal implications under GATT is still required. In Chapters five and six, the writer examines countertrade transactions under the private and regulatory laws of Canada and Thailand. The discussion, within the limited scope of the thesis, is aimed only at providing some precautions respecting possible effects of such laws on countertrade transactions. The private law aspect deals only with basic problems of choice of law principles, the State Immunity principle, and the enforcement of foreign or international arbitral awards that arise from disputes concerning countertrade agreements. The discussion of regulatory law is divided into three parts based on the purposes and nature of the legislation: Fiscal and other regulatory control laws; Remedial regulatory laws; and the Promotion and Administrative regulatory law. Specific provisions of the legislation are examined. Certain suggestions are made for reform of the law.
The last part of this thesis, Chapters seven relates to practical consideration of negotiating and drafting countertrade agreements. The purpose of this part is to guide practitioners in preparing and structuring countertrade agreements efficiently. The writer also suggests the preparation of model countertrade agreements to overcome problems of time and cost in drafting agreements, and to strengthen the developing countries' bargaining power. Chapter eight, the conclusion, summarizes the major points which are discussed in previous chapters.
The diversity of countertrade transactions probably precludes the development of uniform domestic or international rule to regulate this type of international commerce. This thesis has shown that lawyers in developed and. developing countries need, however, to be aware of the special nature of countertrade transactions when considering the application of laws of a general character so as to preserve the value of this form of trade.Law, Peter A. Allard School of
Graduate
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Crossley, Penelope Jane. „Re-conceptualising renewable energy law: A comparative study of the national laws used to accelerate the deployment of renewable energy“. Thesis, The University of Sydney, 2015. http://hdl.handle.net/2123/14030.
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This thesis is the first scholarly research on the national renewable energy laws of all 95 countries that had such laws in force at 1 January 2014. The hypothesis tested in this research is that as different techniques for generating renewable energy become commercialised and the manufacturing of renewable technologies becomes more concentrated in particular countries, national renewable energy laws will also come under pressure to converge or harmonise to facilitate information sharing and trade. This analysis is undertaken in three parts and employs a comparative mixed methodological approach. Part One of this thesis seeks to discover whether a common understanding of the concept of ‘renewable energy’ has developed in the laws of countries seeking to accelerate its deployment. In order to do this, the subject matter of national renewable energy laws is examined to assess the form and approach to content of the legislative definitions of renewable energy, and the nature and levels of support for the various energy sources and renewable energy technologies identified within the legislative definitions. Part Two of this thesis considers the rationales of countries engaging in regulatory intervention to support the accelerated deployment of renewable energy. It examines the justifications derived from economic theory for regulatory intervention into the renewable energy sector and then compares this to the legislative objectives contained in the national renewable energy laws of countries that have legislated in this area. Part Three of this thesis examines the range of regulatory support mechanisms used by countries when they intervene in the markets to support the accelerated deployment of renewable energy, before considering whether these regulatory support mechanisms are likely to converge or diverge over time. The results of this thesis highlight that, contrary to the initial hypothesis, while there is strong conceptual consensus within the legislative definitions of renewable energy, significant normative and substantive differences still exist across the national laws promoting the accelerated deployment of renewable energy.
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Гафуров, А. В. „Нормативно-правовые акты Национального банка Таджикистана“. Thesis, Украинская академия банковского дела Национального банка Украины, 2010. http://essuir.sumdu.edu.ua/handle/123456789/61942.
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Wilson, Joseph 1968. „Globalization and the limits of National merger control laws : gaps in global governance and the need for an international merger control regime“. Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=38450.
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From an economic perspective, globalization is dismantling national barriers to entry and is transforming domestic markets into a global market. To meet the challenges posed by the integration of markets, corporations are joining forces with their former competitors to expand their presence in the global market. Rapid growth in transnational mergers to create global corporations is one of the key features of globalization. As multinational corporations are uniting, so should antitrust agencies that regulate them.Antitrust agencies around the world are realizing that the consumers whom they are mandated to protect are being adversely affected by decisions made beyond their national borders. By using the "effects" test, countries bring within their jurisdiction review of any merger or acquisition involving foreign companies with significant revenue or assets within their jurisdiction.
The proliferation of merger control laws, in the absence of a mechanism to coordinate the transnational merger review, places an unnecessary burden on merging parties, and runs the risk of divergent outcomes, which at times cause friction among nation-states.
Both to alleviate unnecessary burdens imposed on corporations and to reduce inefficiencies produced by the disparate review of a single transnational merger by several countries, this thesis proposes an International Merger Control Regime integrated into the WTO. The proposal focuses on ways to operationalize a "Lead Jurisdiction" model of oversight rather than on the creation of a new supranational decision-making agency. WTO dispute settlement and arbitration would be used to resolve conflicts arising out of the inability of a Lead Jurisdiction to arrive at an outcome satisfactory to other significantly affected jurisdictions.
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Thindwa, Priscilla. „An Analysis of the Political Dynamics that Influenced the Process of Adopting the 2016 National Land Laws in Malawi: A Gender Perspective“. Master's thesis, Faculty of Humanities, 2019. http://hdl.handle.net/11427/31256.
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The thesis interrogates how the political dynamics that emerged in the formulation of the 2016 land legislation in Malawi influenced the gendered outcomes. It highlights the complexity of the policymaking process that was shaped by divergent interests and power dynamics of the stakeholders. It argues that although the interests and agenda complicated the process, their discourses were framed and justified their positions within the development and gender equality framework. It highlights the progressive nature of the socio-legal provisions in the legislation by significantly recognising and promoting women’s land rights. It contends that advances in legal institutions are essential; however, for inclusive transformation to be sustainable, changes in social and cultural practices and norms are imperative. This is because Malawian women continue to face exclusion in owning, controlling and accessing land albeit being the major agricultural producers. This is owed to the persistence of patriarchal attitudes in institutions that perpetuate contestation in the public and private spheres of women’s rights to access, own and control over land. Such is persistent particularly within customary laws which remain sites of struggle between traditional leaders’ claims and women’s societal positions. Hence, creating enabling environments for women will allow them to articulate their political voices and agenda and as such influence policy and legal formulation. Through a multi-faceted approach encompassing of legal pluralism, feminist perspectives on gender and development, and the theory of change, the paper discusses the complexity of policymaking that has been shaped by interests and power. For instance, most chiefs contested against their limited powers and the inclusion of women in land administration issues as stipulated in the new Land Laws, while CSOs advocated for the laws to be people-centred, gender-sensitive and responsive to women’s needs. Also, International organisations were interested in ensuring that there is improved land governance framework and its implementation is in line with VGGT. Thus, apparent realities emerge from the analysis of these political dynamics within the adoption of the 2016 Land Laws: the differing stakeholders’ agenda and how they all pressed on advancing their agenda. Nonetheless, gender equality and development discourse was an aspect that was apparent in the debates.
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Arcenas, Maria Teresa L. Sriprapha Petcharamesree. „Human rights protection beyond state borders : a study of national laws on anti-trafficking in women in the Philippines and in Malaysia /“. Abstract, 2007. http://mulinet3.li.mahidol.ac.th/thesis/2550/cd405/4637983.pdf.
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Steidley, Trent Taylor. „Movements, Malefactions, and Munitions: Determinants and Effects of Concealed Carry Laws in the United States“. The Ohio State University, 2016. http://rave.ohiolink.edu/etdc/view?acc_num=osu1466007307.
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Papathanasiou, Ioannis. „The law and policy of regulating the European Internal Market : the harmonisation of national laws governing the supply of defective services to consumers“. Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:1057c88a-a09f-428b-a16c-5450727210ab.
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This thesis looks into the law and policy implications of law-making within the EU in pursuit of the internal market, while protecting other interests such as those of consumers. The discussion concentrates in the field of services addressed to consumers and more specifically in harmonising at EU level the national liability rules governing their defective supply. This case study is developed on the following strands. Firstly, the withdrawal of the European Commission’s ‘Proposal for a Council Directive on the liability of suppliers of services’ [COM (90) 482 final] is examined from the following aspects: a) the political reactions which have preceded its withdrawal, b) its compliance with the constitutional principles governing the legislative process at EU level and c) the assessment of the substantive regime which it purported to establish. Secondly, having regard to a) the aftermath of the Proposal’s failure, b) the evolution of the constitutional debate concerning the existence, the nature and the exercise of EU competence to set harmonised rules and c) the law-making standards which the Union’s Institutions have set to self-restrict their regulatory power, the perspective of harmonising the liability of suppliers of services to consumers is further explored. Drawing on this case-study, this thesis examines the limits to EU law- making activity which are imposed by primary European law and also considers the policy standards which the EU has set for itself in engaging in its law-making commitments. This examination allows in turn the pursuit of broader reflections I about the law and policy factors which become crucial and deserve particular attention by the EU lawmaker when harmonising national rules governing market transactions – such as the liability for the supply of defective services – with a view to attaining and managing the internal market along with protecting other interests recognised at EU level, such as those of consumers.
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Setterhall, Veronica. „Digital Deliveries : A comparison between the National Archives in Sweden and the United Kingdom reflecting the challenges for higher archival collaboration within the European Union“. Thesis, Mid Sweden University, Department of Information Technology and Media, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:miun:diva-581.
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The European Union has lead to higher collaboration between the European countries, more exchange of information and a tendency to centralize more political decisions. There is also a tendency to try to create legislations that are more similar in each nation.
This paper aims at giving an idea about the challenges that the nations might meet when working towards higher archival collaboration within the European Union. The report by the European Commission “Report on archives in the enlarged European Union - Increased archival collaboration in Europe: action plan” from 2005 states that there is a need for higher European collaboration within the field of archives. The goal is to create a gateway for the citizens to have easy access to archival information from the different member states.
There are some obstacles for this to easily work. To start with the member nations have different cultural traditions and legislations when it comes to freedom of information. It has also got to do with technical issues such as which computer systems, file types and structures et c that are allowed.
This paper takes its starting point in the field of digital deliveries to the national archives of Sweden and The United Kingdom. A comparison has been made to show the difference of how these countries proceed with their archival work to give an idea about how these differences can affect the wish for higher collaboration within the European Union.
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Ibrahim, Mariam. „Tobacco Smoke and Asthma among Adults at the National and State Levels: Do Smoke-Free Laws and Regulations Affect Smoking Rate among those with Asthma?“ Digital Archive @ GSU, 2013. http://digitalarchive.gsu.edu/iph_theses/297.
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ABSTRACT
Background: Asthma is a chronic lung disease that inflames and narrows the airways. This results in recurrent episodes of coughing, wheezing, shortness of breath, and chest tightness. Although the causes of asthma are poorly understood, genetic and environmental factors have been implicated in the development and exacerbation of the disease. Among environmental risk factors, cigarette smoke is a well-known risk factor to trigger asthma symptoms. Exposure to secondhand smoke irritates the airways and may trigger an attack in adults with asthma. Smoke-free laws and regulations in the United States differ by state. The enforcement of smoke-free legislation has been related to asthma rates as it has been shown that they lead to a sustained drop in emergency hospital admission for asthma among adults. These laws and regulations are also necessary in reducing smoking rate and secondhand smoke exposure.
Objective: The purpose of this thesis is to examine the association between tobacco smoke rates and asthma status among adults at the national and state levels and to evaluate the effects of state smoke-free laws and regulations on tobacco smoking rate among adults with asthma.
Methods: The Centers for Disease Control and Prevention’s 2009–2010 Behavioral Risk Factor Surveillance System data was used for the analyses. SAS-callable SUDAAN (version 10.0.0, RTI International, NC) was utilized to account for the complex sampling design of the BRFSS, and sample weights were used to produce estimates that were generalizable to the state and U.S. adult population. In addition to calculating descriptive statistics, chi-square tests and multivariate logistic regression were used to test for group differences and association between variables of interest. State level smoking rates were ranked to identify states that are in the lower and upper 20th percentiles and compare them with states’ smoke-free laws and regulation status.
Results were considered significantly different if 95% confidence intervals (CIs) did not overlap or if statistical testing at p<0.05 was applicable.
Results: Asthma prevalence rates are higher among adults that smoke cigarettes (10.5%, [aPR] =1.2) compared to non-smokers (7.8%, [aPR] =1.0). Of the 869,519 adult respondents in the survey, 8.5% reported having asthma. Nearly one-fifth (17.2%) of adults without asthma smoked cigarettes, while (21.7 %) of adults with asthma smoked. Females (10.5%) had higher asthma prevalence rates than males (6.4%). Black persons (10.0%), persons of American Indian (13.0%) descent had higher, and those of Hispanic (6.7%) descent had lower asthma rates than white persons (8.6%). Adults with a high school education or less (9.1%) had higher asthma rates than those with an education level that was equivalent to a 4 year college or more (7.3%) , and those with low income (<$15,000) had higher rates (13.3%) than those with high income (6.8%). Percentage of male (23.4%) and females (20.7%) with asthma who smoke are higher than those that do not smoke (19.3% and 15.1%, respectively).
Asthma prevalence rates and smoking rates vary by geographic location. Smoking rates among adults with asthma was highest in the South (LA, AL, SC, TN, OK, MS, AR, WV, KY) and a couple of Midwest states (OH, IN,). Evaluating the association between the 2008 State of Tobacco Control Report and smoking rate among adults with asthma by state showed a statistically significant relationship between smoking rate among adults with asthma and smoke-free policy and regulation at the state and national level. On average, states with the lowest smoking rate among persons with asthma (smoking rates less than 20th percentile) had significantly higher smoke-free policy grades (mean grade [sd]=7.2 [1.99]) than states with a high smoking rate (smoking rate of 80th percentile or more) (mean grade [sd]=2.0 [2.00]) (p-value < 0.00001).
Conclusion: Although most U.S. state smoke-free policies and regulations are relatively new, it is evident that these laws are effective in promoting cessation among adults and reducing nonsmokers’ exposure to secondhand smoke. The study found that smoke-free laws may improve health by lowering asthma prevalence and smoking rates among adult smokers. Also, these policies in turn protect non-smokers from the harmful health effects of secondhand smoke.
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Brown, Katherine A. „A national study of the association between mothers against drunk driving and drunk-driving laws, driving-under-the-influence arrests and alcohol-related traffic fatalities“. The Ohio State University, 2002. http://rave.ohiolink.edu/etdc/view?acc_num=osu1304090143.
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Brown, Katherine Ann. „A national study of the association between Mothers Against Drunk Driving and drunk-driving laws, driving-under-the-influence arrests and alcohol-related traffic fatalities /“. The Ohio State University, 2002. http://rave.ohiolink.edu/etdc/view?acc_num=osu1486461246814652.
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Hannum, Kathryn Laura. „Sociolinguistic Geographies in Galicia, Spain“. Kent State University / OhioLINK, 2016. http://rave.ohiolink.edu/etdc/view?acc_num=kent1469615983.
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Akdogan, Huseyin. „Understanding and preventing police use of excessive force: An analysis of attitudes toward police job satisfaction and human rights laws“. Thesis, University of North Texas, 2009. https://digital.library.unt.edu/ark:/67531/metadc12068/.
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Although governments try to create strict policies and regulations to prevent abuses, use of excessive force is still a problem for almost every country including Turkey. This study is intended to help Turkish National Police administrators to understand and prevent police use of excessive force. Studies on police brutality categorize three factors that explain why police officers use excessive force; these are individual, situational and organizational. In addition to brutality theories, job satisfaction literature is examined in this study to understand the use of excessive force. Job satisfaction is found to be related with burnout, turnover, stress, commitment, and performance. The impact of officers' attitude toward the criminal justice system and/or laws has not been tested widely. Police officers attitudes toward human rights laws are examined in this study to measure its impact on attitude toward use of excessive force. A secondary data collected in Turkey are analyzed by structural equation modeling which provides confirmatory factor analysis, path analysis, and causal relationships between variables. It is found that police officers' attitude toward human rights laws is a significant predictor of their attitudes toward use of excessive force. Job satisfaction and education level are the other significant variables affecting attitude toward use of excessive force. Based on the analyses of findings, educational and policy implications are posed for Turkish police administrators to better understand and prevent police use of excessive force.
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Larsson, David, Johan Lindelöf und Johan Wennergren. „Swedish MNCs in China : Managing and Organizing Across Borders“. Thesis, Internationella Handelshögskolan, Högskolan i Jönköping, IHH, Företagsekonomi, 2012. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-18370.
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Purpose: The purpose of this study is to investigate how and to what degree Swedish multinational companies (MNCs) adapt to local conditions when they establish subsidiaries in China, and if cultural differences play an important role in their operations. Background: The major challenge for MNCs establishing abroad is the configuration and integration of their country subsidiaries (Galbraith, 2000). Therefore, it is vital to understand how activities within an organization, such as structures, processes, reward systems, and people practices, should be designed in order for the company to be as efficient as possible (Weiss, 2007; Kesler & Kates, 2011). Swedish direct investments in China have increased significantly in the late 2000s, especially in the eastern regions, where a majority of about 650 Swedish companies in China are located (Swedish Trade Council, 2012a). Establishing across borders is a step towards future growth, but it is important to note that a cross-border expansion comes with many challenges (Galbraith, 2000). Method: This study uses a qualitative research method by investigating the experiences and practices of two Swedish multinational companies with operations in Shanghai, China. Information has been collected from eight respondents in the form of interviews and open-ended questionnaires. Conclusion: Swedish MNCs standardize their organization to a large extent when they establish subsidiaries in China, and culture has a slight influence on the practices of Swedish MNCs but does not play a major role for the business as a whole.
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Traore, Sidy Shafahil, und Sidy Shafahil Traore. „Understanding Environmental Laws: The Role Of Federalism In Developing A National Climate Change Mitigation Strategy For Greenhouse Gas Emission. A Case Study Of The Clean Power Plan Proposal“. Thesis, The University of Arizona, 2016. http://hdl.handle.net/10150/621970.
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Defined as a “system of state and national government [where] each level has some degree of autonomy” (Farber, 2013 page 12), federalism is one of the most important characteristics of the American political system. Although the word federalism never appears in the U.S. Constitution, the Supremacy Clause establishes that the Constitution, federal laws, and treaties constitute "the supreme law of the land" (U.S. Const. art. VII, § 2). In other words, federal laws take precedence over any other forms of law on U.S. soil. Naturally, federalism has a major importance in environmental laws. The goal of this paper is to analyze whether overlapping jurisdiction of the federal system facilitates or obstructs an efficient implementation of a national climate change mitigation strategy for U.S. greenhouse gas emissions. The importance of the environmental theme in recent news places this paper in the center of international debate on environmental regulation. Indeed, although there is a common scientific agreement that climate change and environmental degradations are happening at an alarming rate, national and international legislators have failed to take significant actions to mitigate and adapt to climate change. However, the Paris Climate Change Conference agreement recently ratified by 193 countries, gives new hopes in the fight against climate change. It suggests an imperative that policymakers must take imminent actions to mitigate carbon dioxide emissions, at the local and international level. The Clean Power Plan proposed by President Obama’s administration is a direct effort to comply with the Paris agreement commitment, in order to reduce U.S carbon dioxide emissions.
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Thi, Huong Trang Tran. „The Nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization : integration into national laws in particular in Vietnam“. Limoges, 2012. http://aurore.unilim.fr/theses/nxfile/default/cdfabc5a-e279-4b24-97a8-2ca557382e8b/blobholder:0/2012LIMO1009.pdf.
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Genetic resources are not only component of nature that need be protected but also has economic, social, cultural values for development. Approaching genetic resources under those two aspects of "conservation" and "development" one of three objectives of Convention on Biological Diversity (CBD) and the goal of the Nagoya Protocol is "Access to Genetic Resources and Fair and Equitable Sharing of Benefits Arising from Their Utilization. The Nagoya Protocol adopted in October 2010 by the 10th Conference of the parties to the CBD, is a landmark for the international governance of biodiversity and a milestone in the development of the international regime governing biodiversity. However, the Protocol has been criticized as "imperfect" and "incomplete" because of ambiguities, gaps and generalities. Each country that becomes a Party to the Protocol will need to develop national legislation to meet its obligations under the Protocol, filling in gaps with national legislation in accordance with its particular situation. The integration of the Protocol into national law is important in both meanings of the first process and the bridge of putting the legal provisions of the Protocol into practice. However, there are many problems that need defined and analyzed as the bases to find solutions. The first part of this thesis analysis of problems of the Protocol in the international context, relations with the others relevant international treaties and all the contents, intrinsic problems of the Protocol in both legal and technical, scientific aspects. The part 2 of the thesis clarifies all related legal problems of integration into national law such as weakness of international law, legal points of views : dualism and momism, non-self executive treaties, the principles, methods, measures and other factors. Then, it provides case studies of national laws of Brazil, South Africa, France and takes a closer look in to practice of national legislation of VietnamLes ressources génétiques sont une composante de la nature qui doit être protégée pour ses valeurs économiques, sociales et culturelles. En approchant des ressources génétiques en vertu de deux aspects de la "conservation " et du "développement", l'un des trois objectifs du Protocole de Nagoya est l'accès aux ressources génétiques à la Convention sur la diversité biologique (CDB) et un partage juste et équitable des avantages découlant de leur utilisation. Le Protocole de Nagoya adopté en octobre 2010 lors de la 10e Conférence des Partis à la CDB, marque un tournant pour la gouvernance internationale de la biodiversité et un jalon dans le développement du régime international régissant la biodiversité. Toutefois, le Protocole a été qualifié d' "imparfait" et d' "incomplet" en raison d'ambiguitiés, de lacunes et de généralités. Chaque Etat partie au Protocole doit élaborer une législation nationale pour répondre à ses obligations, et combler les lacunes par une mise en conformité avex celui-ci. L'étude de l'intégration du protocole dans le droit national est importante parce qu'il s'agit du premier instrument juridique dans ce domaine et que l' analyse de sa transition met en lumière les différentes voies envisageables. Cependant, celle-ci peut soulever de nombreux problèmes et necesite de définir et d'analyser ces bases pour trouver des solutions. La première partie de cette thèse propose une analyse des problèmes du Protocole dans le contexte international, les relations avec les autres traités internationaux pertinents et tous les problèmes intrinsèques du Prtotocole dans ses aspects juridiques, scientifiques et techniques. La seconde partie de la thèse clarifie tous les problèmes juridiques pertinents de l'intégration dans la législation nationale et traite de la faiblesse du droit international au regard des systèmes juridiques monistes et dualistes, les traités non-auto-éxécutoires, les principes, méthodes et mesures. Elle analyse également les droits nationaux du Brésil, d' Afrique du Sud, de la France et un regard plus proche dans la pratique avec la législation nationale du Vietnam
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Mazibuko, Patricia Ntombizodwa. „Redesign of core business processes of the national building regulations of South Africa“. Thesis, Cape Peninsula University of Technology, 2016. http://hdl.handle.net/20.500.11838/2351.
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Theses (MTech (Business Information Systems))--Cape Peninsula University of Technology, 2016.This paper describes the redesigning processes of the National Building Regulations of South Africa. These processes are administered by the National Regulator for Compulsory Specifications (NRCS) in terms of the National Building Regulations and Building Standards Act 103 of 1977 (The Act). The application of the business processes and the Building Control Officers from various local authorities nation-wide who enforce the National Building Regulations and Building Standards Act, 103 of 1977 (hereinafter referred to as “the Act”) with particular reference to implementation of core regulatory business processes within the building industry in Southern Africa. The investigation was largely motivated by the high number of injuries, deaths and/or human lives affected adversely and reported due to collapsing and defective buildings. These disasters occurred at various Local Authorities, in private residential homes, government-owned buildings, abandoned and commercial buildings, such as shopping malls, have been investigated and reported by the Building Regulator, i.e. the NRCS in collaboration with the Department of Labour’s Commission of Enquiry between the years 2012 and 2014. The reports show that in those sectors of building, the local authorities’ Building Control Officers, as the legislated enforcers of the Building Regulations (with the oversight role played by the NRCS), experienced the highest levels of non-compliance by various parties who are affected by the Building Regulations, i.e. building owners or their legal representatives, built-environment professional practitioners and builders. This study applies the interpretive approach underpinned by qualitative methodology where interviews were used to collect data from building owners, prospective building owners, building occupants, built-environment practitioners, Local Authorities’ building control officers and The Regulator of the National Building Regulations. The empirical findings revealed that there is a critical need for business process review and strategy shifts that advance objectivity and benefits to compliance, visibility and awareness of regulatory process, the highlights of possible endangerment of human life due to non-compliance, the outlining of sanctions for failure to comply, and stakeholder liaison. The output is a re-module of business processes that will enforce and maintain compliance of the building regulations of South Africa.
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Mwebaza, Rose. „The right to public participation in environmental decision making a comparative study of the legal regimes for the participation of indigneous [sic] people in the conservation and management of protected areas in Australia and Uganda /“. Phd thesis, Australia : Macquarie University, 2007. http://hdl.handle.net/1959.14/22980.
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"August 2006"Thesis (PhD) -- Macquarie University, Division of Law, 2007.
Bibliography: p. 343-364.
Abstract -- Candidate's certification -- Acknowledgements -- Acronyms -- Chapter one -- Chapter two: Linking public participation to environmental decision making and natural resources management -- Chapter three: The right to public participation -- Chapter four: Implementing the right to public participation in environmental decision making : the participation of indigenous peoples in the conservation and management of protected areas -- Chapter five: The legal and policy regime for the participation of indigenous peoples in the conservation and management of protected areas in Australia -- Chapter six: The legal and policy regime for the participation of indigenous peoples in the conservation and management of protected areas in Uganda -- Chapter seven: Implementing public participation in environmental decision making in Australia and Uganda : a comparative analysis -- Chapter eight: The right to public participation in enviromental decision making and natural resources management : summary and conclusions -- Bibliography.
In recognition of the importance of public participation as a basis for good governance and democracy, Mr Kofi Annan, Secretary General to the United Nations, has noted that: "Good governance demands the consent and participation of the governed and the full participation and lasting involvement of all citizens in the future of their nation. The will of the people must be the basis of governmental authority. That is the foundation of democracy. That is the foundation of good governance Good governance will give every citizen, young or old, man or woman, a real and lasting stake in the future of his or her society". The above quotation encapsulates the essence of what this thesis has set out to do; to examine the concept of public participation and its application in environmental governance within the context of the participation of indigenous peoples in the conservation and management of protected areas in Australia and Uganda. The concept of public participation is of such intrinsic importance that it has emerged as one of the fundamental principles underpinning environmental governance and therefore forms the basis for this study. -- Environmental governance, as a concept that captures the ideal of public participation, is basically about decisions and the manner in which they are made. It is about who has 'a seat at the table' during deliberations and how the interests of affected communities and ecosystems are represented. It is also about how decision makers are held responsible for the integrity of the process and for the results of their decisions. It relates to business people, property owners, farmers and consumers. Environmental governance is also about the management of actions relating to the environment and sustainable development. It includes individual choices and actions like participating in public hearings or joining local watchdog groups or, as consumers, choosing to purchase environmentally friendly products. -- The basic principles behind good governance and good environmental decision making have been accepted for more than a decade. The 178 nations that attended the Rio Summit in 1992 all endorsed these nvironmental governance principles when they signed the Rio Declaration on Environment and Development (Rio Declaration) - a charter of 27 principles meant to guide the world community towards sustainable development. The international community re-emphasised the importance of these principles at the World Summit on Sustainable Development in 2002. -- The right to public participation in nvironmental decision making and natural resources management is one of the 27 principles endorsed by the nations of the world and is embodied in the provisions of Principle 10 of the Rio Declaration.
Environmental decisions occur in many contexts. They range from personal choices like whether to walk or drive to work, how much firewood to burn, or whether to have another child. They encompass the business decisions that communities or corporations make about where to locate their facilities, how much to emphasise eco-friendly product design and how much land to preserve. They include national laws enacted to conserve the environment, to regulate pollution, manage public land or regulate trade. They take into account international commitments made to regulate trade in endangered species or limit acid rain or C02 emissions. -- Environmental decisions also involve a wide range of actors: individuals; local, state and national governments; community and tribal authorities such as indigenous peoples; civic organisations; interested groups; labour unions; national and transactional corporations; scientists; and international bodies such as the United Nations, the European Union, and the World Trade Organisation. -- Each of the actors have different interests, different levels of authority and different information, making their actions complex and frequently putting their decisions at odds with each other and with ecological processes that sustain the natural systems we depend on. -- Accordingly, this thesis aims to examine participation in environmental decision making in a way that demonstrates these complexities and interdependencies. It will explore the theoretical and conceptual basis for public participation and how it is incorporated into international and domestic environmental and natural resources law and policy. -- It will examine public participation in the context of the legal and policy framework for the conservation and management of protected areas and will use case studies involving the participation of indigeneous peoples in Australia and Uganda to provide the basis for a comparative analysis. -- The thesis will also faces on a comparative analysis of the effectiveness and meaningfulness of the process for public participation in environmental decision making in Australia and Uganda. There is extensive literature on the purposes to which participation may be put; the stages in the project cycle at which it should be employed; the level and power with regard to the decision making process which should be afforded to the participants; the methods which may be appropriate under the different circumstances, as well as detailed descriptions of methods; approaches and forms or typologies of public participation; and the benefits and problems of such participation.
However, there is not much significant literature that examines and analyses the meaningfulness and effectiveness of the contextual processes of such participation. This is despite the widespread belief in the importance and value of public participation, particularly by local and indigenous communities, even in the face of disillusionment caused by deceit, manipulation and tokenism. Accordingly, the thesis will use case studies to demonstrate the meaningfulness and effectiveness or otherwise of public participation in environmental decision making in protected area management. -- Increasingly, the terminology of sustainable development is more appropriate to describe contemporary policy objectives in this area, with an emphasis on promoting local livelihood and poverty alleviation within the constraints of ecosystem management. However, the domestic legal frameworks, and institutional development, in Australia and Uganda tend to reflect earlier concepts of environmental and natural resources management (referred to as environmental management in this thesis). There are some significant differences between a North (developed) nation and a South (developing) nation, in terms of the emphasis on economic objectives, political stability, resources and legal and administrative capacity. The thesis intends to explore these differences for the comparative analysis and to draw on them to highlight the complexities and interdependencies of public participation by indigenous peoples in environmental decision making, natural resources and protected area management.
Mode of access: World Wide Web.
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Mayongo, Nwabisa. „Evaluating the quality of the national government self-help housing scheme in the Western Cape; before and after NHBRC involvement“. Thesis, Cape Peninsula University of Technology, 2018. http://hdl.handle.net/20.500.11838/2819.
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Thesis (MTech (Business Administration in Project Management))--Cape Peninsula University of Technology, 2018.According to Section 26 (1) of the constitution of Republic of South Africa, everyone has a right to have a satisfactory house to restore and honour the dignity of the South Africans. However South African government implemented several housing programmes to bridge the gap of housing backlog in South Africa. One of the housing programmes that South African government implemented is People Housing Process (PHP). It was approved in 1998 by South African government. South African government shifted focus on the quality of houses and mainly focused on the quantity of houses delivered through the financial year. There have been a lot of quality complaints on PHP. The quality defects are signs of foundation failures, cracks on foundations, water flooding around the houses, water not properly channelling to the drain, cracks on walls, dampness of walls, mould on walls, water seeping through the windows, poorly applied external plaster, incorrect bonding of internal walls to external walls, walls that are not straight walls, sagging ceiling panels, gable not properly filled with mortar, roof structure not properly tied up, sagging roof coverings, roof leaks, sagging roof tiles and ridges, rust on painted iron material, poor quality of blocks used, insufficient cement on mortar mix and peeling off paint. National Home Builders Registration Council (NHBRC) are the custodians of the home building industry. They were excluded from PHP from 1998 till March 2012. NHBRC was approved to inspect PHP house in April 2012. Thus, the aim of the study was to compare the houses that were built before NHBRC involvement in PHP with those that were built after NHBRC involvement in PHP. The sample included 50% of each of the two groups (those in houses built without NHBRC involvement and those built with NHBRC involvement), the research involved at least 50 respondents per group (McMillan, et al 2001:177 – recommends 15 respondents per group). The sample size per group has been put at 50 since the larger the sample the higher the accuracy. The study is classified as quantitative research because it intended to quantify the variation in occurrence, situation, problem or issue; the information was gathered using predominantly quantitative variables and the analysis was geared to ascertain the magnitude of the variation. The findings of the study revealed that the quality of the houses that were built under PHP programme before NHBRC intervention on PHP was not up to standard however the quality on those that were built after NHBRC involvement improved. Therefore it is recommended for Western Cape government to implement the rectification programme which was approved by National Department of Human Settlements in 2009 mainly focusing on houses that have been severely structurally compromised and are regarded as unfit for human habitation as it poses a threat to the health and safety of the occupants (The National Housing Code, 2009: 11-13).
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Samarasinghe, Ruwan P. „Tamil minority problem in Sri Lanka in the light of self-determination and sovereignty of states“. Thesis, View thesis, 2005. http://handle.uws.edu.au:8081/1959.7/30155.
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This thesis analyses the Tamil minority problem in Sri Lanka in the light of self-determination and state sovereignty. State practice with respect to self-determination is discussed, in particular cases of Aaland Island, Katanga, Biafra and Bangladesh. Historical background, location and composition, as it relates to the Tamil minority problem in the country, are described, and the specific issue of self-determination in the Sri Lankan context of secession is dealt with. The research attempts to ascertain the legal conditions which would warrant secession.
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Muller, Cornelis Hermanus. „Coercive agrarian work in South Africa, 1948 - 1965 : 'farm labour scandals'?“ Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/30300.
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This dissertation puts into historical context allegations of farm labour abuse during the period 1948 to 1960 on the eastern Transvaal Highveld. It not only gives an exposition of these events, but importantly analyses these allegations of abuse in the context of the South African government’s intervention into farm labour for this period. The dissertation, however, first gives an overview of the government’s policies of regulating and providing farmers with black labour in the period 1910 to 1948. It deals specifically with the dubious measures introduced and coercive actions taken by the National Party government after 1948 to provide farmers with “cheap and plentiful labour”. The reactions to the accusations of abuse by the South African government, the farmers, the conservative, liberal and leftist press, and other independent bodies, such as the churches, Black Sash and the South African Institute of Race Relations, are also explored. The reaction of the African National Congress and the Potato Boycott launched in 1959 by this organisation in response to the mistreatment of farm labourers, also receives specific attention. It concludes with a discussion of how the farm labour scandals and the reaction during the 1950s and more specifically the Potato Boycott of 1959 are still relevant today by considering the contested nature of the commemoration of this event in 2009 AFRIKAANS : Hierdie verhandeling plaas bewerings van die misbruik van plaasarbeid gedurende die periode 1948 tot 1960 op die oostelike Transvaalse Hoëveld in historiese konteks. Dit bied nie net ‘n uiteensetting van hierdie gebeure nie, maar ontleed dié bewerings van mishandeling teen die agtergrond van die Suid-Afrikaanse regering se ingryping ten opsigte van plaasarbeid vir dié tydperk. Die verhandeling bied ten eerste ‘n oorsig van die regering se beleid van die regulering en voorsiening van swart arbeid aan boere gedurende die periode 1910 tot 1948. Dit handel spesifiek oor die twyfelagtige dwangmaatreëls wat deur die Nasionale Partyregering na 1948 geïmplementeer is om boere van “goedkoop en voldoende arbeid” te voorsien. Die reaksies op die bewerings van mishandeling deur die Suid-Afrikaanse regering, die boere, die konserwatiewe, liberale en linkse pers, as ook ander selfstandige instansies, soos die kerke, Black Sash en die Suid-Afrikaanse Instituut van Rasseverhoudinge word ook ondersoek. Die reaksie van die African National Congress en die aartappelboikot wat deur die organisasie in 1959 van stapel gestuur is in reaksie op die mishandeling van plaaswerkers, work ook ontleed. Die studie sluit af met ‘n bespreking van hoe die plaasarbeidskandale, die reaksie in die 1950s en meer spesifiek die aartappelboikot van 1959, steeds vandag relevant is teen die agtergrond van die omstrede herdenking van die gebeurtenis in 2009.Dissertation (MHCS)--University of Pretoria, 2011.
Historical and Heritage Studies
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Köhler-Hohmann, Christel. „Die Teilnahme der Ärzte- bzw. der Heilkunde-GmbH an der vertragsärztlichen Versorgung /“. Frankfurt am Main [u.a.] : Lang, 2007. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=016084716&line_number=0002&func_code=DB_RECORDS&service_type=MEDIA.
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Strainic, Jill Marano. „High School Publications Demonstrate Higher Quality When Students Control Content“. Kent State University / OhioLINK, 2007. http://rave.ohiolink.edu/etdc/view?acc_num=kent1196813343.
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Kunze, Hans Henning. „Restitution "entarteter Kunst" : Sachenrecht und internationales Privatrecht /“. Berlin [u.a.] : de Gruyter, 2000. http://www.gbv.de/dms/sbb-berlin/319367886.pdf.
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França, Carla Andressa Placido Ribeiro de [UNESP]. „Educação moral ou moralização? Um estudo sobre o discurso e a prática de educadores em instituições de acolhimento“. Universidade Estadual Paulista (UNESP), 2018. http://hdl.handle.net/11449/154545.
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Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)
Propõe-se, neste trabalho, com base na perspectiva piagetiana, investigar, analisar e refletir a respeito das concepções e práticas educacionais dos acolhimentos institucionais e dos educadores desses serviços de acolhimento para crianças e adolescentes em situação de risco social do Estado de São Paulo. Para esse fim, primeiramente identifica as concepções e práticas educacionais morais das instituições e, seguidamente, as dos educadores de duas dessas instituições de acolhimento com práticas educativas diferenciadas (uma mais tradicional e moralizadora, e outra com educação ativa), relacionando-as com a legislação sobre o direito ao desenvolvimento moral. Assim, além do levantamento bibliográfico e documental, realizou-se uma investigação exploratória dividida em duas etapas. Para a primeira etapa contatou-se 163 instituições de acolhimento do Estado de São Paulo para o recrutamento para participarem de uma entrevista online (google docs), destes, obtivemos 22 respondentes. Considerando que uma instituição não é necessariamente representada apenas pela visão de um de seus integrantes, obteve-se com os dados desta primeira etapa uma indicação de como o respondente qualifica sua instituição, sendo assim, pode-se verificar que grande parte dos respondentes indicou que sua instituição tende a uma educação mais ativa. A partir desses resultados, pode-se destacar e escolher duas instituições que se opuseram extremamente em suas respostas para participarem da etapa subsequente. Para a segunda etapa fez-se uso de entrevista semiestruturada com os educadores/cuidadores e coordenação dessas instituições, além de observação da rotina por seis dias consecutivos (seis horas por dia) em cada uma, seguindo um roteiro de observação. Para análise dos resultados da entrevista semiestruturada, utilizou-se a metodologia de Discurso do Sujeito Coletivo, que deu voz à coletividade da equipe de educadores da instituição, expondo suas concepções e práticas educativas, a fim de entender o modelo pedagógico inerente à rotina das instituições investigadas. Os resultados demonstram que o trabalho educativo em uma instituição de acolhimento para crianças e adolescentes em situação de risco social inclui diversos atributos e complexidades que influenciam diretamente na concepção e prática de uma educação moral. A falta de comunicação e clareza entre a equipe técnica e educadores sobre o fim que se espera para a educação dos acolhidos e os processos para se chegar a esse fim desejado têm resultado em concepções e práticas destoadas, possibilitando ações educativas não refletidas e isoladas do todo. Além disso, a falta de orientação/capacitação e formação continuada para os educadores, que permita se desvencilhar do senso comum e busque atingir os direitos legalmente alcançados, e a falta de um momento interativo com o objetivo de educadores compartilharem estratégias, problemas e aflições sobre as práticas educativas na instituição, dificulta o estabelecimento de um plano conjunto de ações educativas evidentes a todos e em momentos de reflexão e avaliação de suas práticas. Nessa perspectiva, acredita-se que se deve ter um olhar atento e ações mais efetivas da equipe educativa (equipe técnica, educadores/cuidadores e auxiliar de educador/cuidador) sobre a educação moral dos acolhidos, assim como das políticas públicas e de pesquisadores, em parceria com os serviços de acolhimento.
Based on the Piagetian perspective, it is proposed to investigate, analyze and reflect on the educational conceptions and practices of institutional sheltering and educators of these reception services for children and adolescents in situations of social risk in the State of São Paulo. For this purpose, it’s first identified the moral educational conceptions and practices of two institutions and then, the conceptions of the educators with differentiated educational practices (one more traditional and moralizing and the other with an active education), relating them to the legislation about the right of moral development. Thus, besides the bibliographical and documentary survey, an exploratory investigation was accomplished divided in two stages. For the first stage, 163 institutions of the State of São Paulo were contacted for recruitment to participate in an online interview (google docs), from all of them, we obtained 22 respondents. Since an institution is not only represented by the vision of one of its member, it was obtained as a result, in the first stage an indication of how a respondent qualifies the institution, so it can be verified that most respondents indicated that their institution tends to a more active education. From these results, it was highlighted and chosen two institutions that oppose their responses to participate in the subsequent stage. For a second step, the semi-structured interview method was used with the educators / supervisors, besides an observation of the routine for six consecutive hours of six consecutive days in each one, following an observation script. For the analysis of the results of the semi-structured interview, the methodology of the Discourse of the Collective Subject was used, giving voice to the collective of the educational institution educators, exposing their conceptions and educational practices, in order to understand the pedagogical model of teaching inherent to the routine of the institutions that were investigated. The results demonstrate that the educational work in an educational sheltering institution for children and adolescents at social risk includes several attributes and complexities that directly influence the conception and practice of a moral education. The lack of communication and clarity between the technical team and the educators about the expected end of the education of those who were welcomed and the processes to achieve that, have resulted in dissonant conceptions and practices, enabling educational actions not reflected and isolated from the whole. In addition, the lack of orientation / training and continued formation for educators, which allows them to get rid of the common sense in order to reach the legally achieved rights, and the lack of a moment of interaction with the goal of educators share strategies, problems and afflictions about the educational practices in the institution, makes it difficult to establish a plan of evident educational actions to all moments of reflection and evaluation of their practices. From this perspective, it is believed that it’s necessary to have a closer look and more effective actions from the educational team (technical staff, educators / caretakers and auxiliary of educator / caregiver) about the moral education of the welcomed children or adolescents, as well as public policies and researchers, in partnership with the host services.
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Haji, Modiri Shima. „Impacts of Living and Working Conditions on the Health of Immigrants : A Comparative Study on Asylum-Seekers in Germany and the Netherlands“. Thesis, Linköpings universitet, Statsvetenskap, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-121851.
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During the last several decades, many people, fleeing from disasters or political threats, have applied for asylum in the European countries. Council Directive 2003/9/EC, laying down minimum standards for the reception of asylum-seekers, as well as several other directives, have been developed in the EU in order to ensure fair treatment of the asylum-seekers in all the European countries. However, there are huge differences in the national asylum laws of countries and consequently, the way they treat the asylum-seekers. In this research, the national asylum laws of Germany and the Netherlands are studied and compared, showing that though following the Council Directive, fair or equal treatment of asylum-seekers cannot be guaranteed. In the Netherlands asylum-seekers are granted with a great extent of benefits while in Germany, they are greatly discriminated against. Based on the Social Determinants of Health Model, developed by Dahlgren and Whitehead in 1991, the hypothesis is that the asylum seekers in the Netherlands enjoy better health status than the ones in Germany, because based on the Dutch asylum laws, they have better living and working conditions. In order to confirm or negate this hypothesis, a meta-study of available literature on the health status of asylum-seekers has been done. However, the hypothesis could not be confirmed/ negated due to extreme lack of availability of data in this area. By discussing the relationship between life conditions and health of individuals, reviewing current legal instruments regulating asylum in the EU and analyzing the available data on the health status of asylum-seekers, this paper draws the attention to the importance of data and research on these topics and the need for development of practices for collection of such information. Availability of such information can affect future decision and policy makings regarding asylum-seekers and their health and might result in comprehensive reformations in the current national or international legal instruments.
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Ndiaye, Yaram. „L'obligation de coopération dans le statut de Rome : analyse critique du respect des engagements internationaux devant la cour pénale internationale“. Thesis, Lyon 3, 2012. http://www.theses.fr/2012LYO30063.
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A l’instar des juridictions qui l’ont précédé dans la répression des crimes internationaux, la Cour pénale internationale a besoin de la coopération des Etats pour exister. C’est une condition d’effectivité de l’action de la Cour qui se traduit par la participation des Etats à la procédure pénale internationale et par l’harmonisation des législations nationales. Toutefois, en dépit de son affirmation dans le Statut, les Etats parties exécutent difficilement l’obligation de coopération. Ces difficultés s’observent tant au niveau de leur participation à la procédure initiée par la Cour que dans l’exercice de la justice au niveau national. De fait, pour un respect des engagements internationaux devant la Cour, l’institution doit surmonter l’obstacle de la souveraineté nationale. Pour atteindre les objectifs fixés, elle doit amener les Etats à dépasser les critères traditionnels de compétence dans le domaine pénal et à taire les résistances souverainistes en la matière. C’est seulement à ce titre qu’elle peut être fonctionnelle, en opposant aux Etats une conception plus étendue de la justice pour laquelle ils se sont engagésFollowing the example of the jurisdictions which preceded her in the repression of the international crimes, the International Criminal Court needs the cooperation of States to exist. It is a condition of effectiveness of the action of the Court that is translated by the participation of States in the international criminal procedure and by the harmonization of the national legislations. But in spite of its assertion in the Status, States execute with difficulty the obligation of cooperation. These difficulties observe as long at the level of their participation in the procedure in front of the Court that in the exercise of the justice at the national level. Actually, for a respect for the international commitments in front of the Court, the institution has to surmount the obstacle of the national sovereignty. To reach the fixed objectives, she has to bring States to exceed the traditional criteria of skill in the penal domain and to keep silent about the resistances of states on the subject. It is only as such that she can be functional, by setting to States a more vast conception of the justice for which they made a commitment
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Oprea, Elena-Alina. „Droit de l'Union européenne et lois de police“. Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020028.
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L’interaction du droit de l’Union européenne avec le droit international privé se manifeste avec une acuité particulière en matière de lois de police, continuant et renouvelant les discussions suscitées par celles-ci. La promotion des intérêts de l’Union européenne par ce mécanisme de DIP peut être facilement observée. Il reste que des questions peuvent surgir quant à l’aménagement, dans les systèmes juridiques nationaux, de l’articulation des lois de police de source nationale et européenne. Le transfert de certaines compétences des Etats membres vers l’Union, le rapprochement des législations des Etats membres ou le poids plus important accordé aux raisonnements et aux intérêts européens au moment de la qualification mettent en lumière une catégorie « lois de police » avec des contours nouveaux. La mise en oeuvre des lois de police porte, elle aussi, l’empreinte de l’influence du droit de l’Union européenne. L’intégration des données liées à la réalisation du marché intérieur entraîne une perturbation significative du mécanisme traditionnel des lois de police, accompagnée d’une diminution de l’efficacité de ces normes dans les relations entre les Etats membres. L’objectif de création, au sein de l’Union, d’un espace de liberté, de sécurité et de justice s’est matérialisé par la mise en place de corps de règles européennes de DIP dans diverses matières. La méthode des lois de police en ressort transformée, suite tant à la prise de position directe du législateur européen sur les conditions de son intervention, qu’en raison des évolutions enregistrées par d’autres méthodes concurrentes de droit international privéThe interaction between the European Union law and the private international law is particularly acute in the field of internationally mandatory rules, maintaining and renewing the debate which always accompanied this kind of norms. If the internationally mandatory rules occupy a special place in the European legislation, being an extremely effective tool of European policy, some difficulties arise as to the articulation, in the Member States’ legal systems, of the both national and European different sources of lois de police. The transfer of powers from Member States to the European Union, the harmonization of national legislations and the greater weight given to European reasoning and interests at the time of qualification highlight a new dimension of the internationally mandatory rules concept. Also the implementation of internationally mandatory rules is highly influenced by the European Union Law. The Member States’ obligations concerning the completing of the internal market and the removal of restrictions to changes involve a significant disturbance to this traditional PIL mechanism; a decrease in the effectiveness of internationally mandatory rules in relations between Member States may be observed. The purpose of establishing an area of freedom, security and justice within the European Union was materialized in the establishment of European private international law rules in various fields; the internationally mandatory rules method is transformed as a result of the European legislator direct intervention on his definition and regime, but also as a result of the evolution that affects other concurring private international law methods
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Réglier, Anne-Claire. „L'appréhension de la famille européenne“. Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1007.
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S’il est compréhensible que la multiplicité des angles d’analyse revient à exclure toute définition unique ou récapitulative de la famille, cela n’interdit pas pour autant d’essayer de saisir cette réalité qu’est la famille. Compte tenu de l’intérêt grandissant de l'UE pour la famille, l'UE a été choisie comme cadre d’étude de notre recherche consacrée à la famille européenne ("f.e"). Or, l'UE est à la fois un espace géographique composé de 28 Etats membres et une entité à part entière dotée de la personnalité juridique, donc mener une réflexion sur la f.e. au sein de l'UE impose de l’engager à la fois dans les Etats membres de l'UE et dans l'UE elle-même.Si on ne peut pas définir la f.e., peut-on à tout le moins l’appréhender, c’est-à-dire la saisir par l’esprit ? C’est ce que nous faisons en mettant en perspective les différentes approches de la f.e. retenues par les différents ordres juridiques qui interviennent au sein de l'UE.Nous nous intéressons à ce qu’est la f.e. dans les faits et en tant qu’objet juridique en étudiant les différentes façons dont elle est modelée par les droits. Les différents droits de la famille des Etats membres de l’UE ainsi que les différentes interventions de l'UE en matière familiale sont pour nous autant de moyens d’appréhender la f.e. nous permettant de révéler l’existence de points de convergence et de valeurs communes. Mais notre recherche ne peut faire fi de l’existence d’une Europe bicéphale car la conception que l'UE a de la famille est enrichie par la jurisprudence de la Cour EDH et reste en devenir par l’héritage qu’elle reçoit de la construction du sens de la notion de « vie familiale » par la jurisprudence de la Cour EDHIf it is understandable that the multiplicity of angles of analysis amounts to exclude any single or summary definition of the family, this does not preclude trying to grasp this reality that the family is. Given the growing interest of the European Union (E.U) for the family, the E.U has been selected as the study framework of our research on the European family. Since the E.U is both a geographical area composed of twenty- eight Member States and an entity with legal personality, reflect on the European family in the European Union requires to do it in both members States of the E.U and the E.U itself.If we can’t define the European family, can we at least apprehend it, that is to grasp it by the spirit ? This is what we decided to do by putting in perspective the different approaches of the European family adopted by the different legal systems involved in the E.U.We need to focus our attention both on what the European family is in fact and as a legal object by studying the different ways it is modeled by laws. The various family laws of the Member States of the E.U and the various interventions of the E.U in family matters are so many means for us to apprehend the European family allowing us to reveal the existence of points of convergence and common values. But the research on the European family conducted in the E.U framework can’t ignore the existence of a bicephalous Europe because the conception that the E.U has of family is enriched by the jurisprudence of the European Court of Human rights ( ECtHR ) and remains in become given the legacy it receives from the construction of the meaning of the notion of "family life" in the case law of the ECtHR
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Samara, Samia. „Les politiques de protection et de sauvegarde des sites archéologiques et des monuments historiques en Grèce (1830-2013) : le cas d’Athènes“. Thesis, Paris 10, 2016. http://www.theses.fr/2016PA100067/document.
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Cette recherche est consacrée aux pratiques de protection des monuments à Athènes, et ce depuis l’Indépendance. Elle est ainsi associée à une analyse précise de la législation, des débats qui l’ont accompagnée et des pratiques de sauvegarde des monuments historiques et des sites archéologiques de la capitale. Ce travail espère contribuer ainsi à une meilleure connaissance de l’évolution de la notion de patrimoine en Grèce. Une évolution qui est ponctuée par les évènements politiques qui ont mené à la construction de l’État grec pendant tout un siècle, mais aussi par les différentes ratifications des conventions européennes et internationales relatives à la protection du patrimoine. Cependant, la traduction de ces instruments normatifs s’avère contraignante dans un pays où l’héritage culturel est associé essentiellement aux témoignages matériels conformes à l’histoire nationale. Le régime patrimonial grec s’orchestre de ce fait, non sans difficultés, à une notion de patrimoine en perpétuelle évolution. Cet héritage qui était un bien national à l’image d’un peuple homogène héritier de la Grèce antique et de l’Empire byzantin devient aujourd’hui synonyme de legs diversifiés et produits de différentes « communautés ». Athènes à qui l'on a réfuté les témoignages « post-byzantins » inaugure aujourd’hui son premier « archontikó » ottomanThis research is devoted to the practical conservation of monuments in Athens since Independence. It is thus associated with a precise analysis of the legislation, debates that accompanied it, as well as practical conservation of historical monuments and the capital of archaeological sites. This work hopes to contribute to a better understanding of the evolution of the concept of heritage in Greece. This evolution is punctuated by political events that led to the construction of the Greek State for a whole century, but also by the different ratifications of European and international conventions concerning the heritage protection. However, the translation of these normative instruments proves compelling in a country where cultural heritage is associated primarily with material evidence in accordance with the national history. Greek patrimonial regime orchestra thus not without difficulty, to a notion of heritage in constant evolution. This legacy was a national asset for the image of a homogeneous people heir of ancient Greece and the Byzantine Empire now becoming synonymous with diverse legacies and products of different "communities". Athens who are denied the "post-Byzantine" testimony today inaugurated its first "archontikó" Ottoman
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Sabbag, Bruno Kerlakian. „Processo de incorporação da dimensão climática no ordenamento jurídico brasileiro e análise do caso do Estado de São Paulo“. Universidade de São Paulo, 2013. http://www.teses.usp.br/teses/disponiveis/90/90131/tde-03052013-100345/.
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A partir da Política Nacional sobre Mudança do Clima, o Brasil tem publicado inúmeras leis sobre mudança do clima, mas tem-se verificado dificuldades em sua aplicação. Apesar disso, pouco se tem escrito com o objetivo de identificar os aspectos mais críticos que permitam auxiliar a revisão e aprimoramento do marco jurídico-climático no país. O objetivo principal deste estudo foi realizar uma análise crítica da Política Nacional sobre Mudança do Clima e da Política sobre Mudança do Clima do Estado de São Paulo, a fim de avaliar se o processo de incorporação da dimensão climática no ordenamento jurídico brasileiro, e em especial no Estado de São Paulo, tem sido adequado e, em caso negativo, porque não. Foram identificadas e estudadas mais de 100 leis no Brasil sobre mudança do clima, mas a análise crítica na dissertação limitou-se à lei nacional e paulista sobre mudança do clima. Também foi estudada a bibliografia principal sobre o assunto e foi realizado estudo de casos já levados ao Poder Judiciário. Os resultados da análise permitem verificar que as principais falhas dos marcos legais em nível nacional e estadual apontam para a ausência de clareza na alocação de responsabilidades dos setores envolvidos. Além disso, a legislação paulista adotou uma meta de redução de emissões que tem se mostrado inatingível, o que gera insegurança jurídica e prejudica a eficácia das normas. Finalmente, recomendações são apresentadas para o aprimoramento dos marcos legais.Since the Brazilian National Climate Change Policy was enacted, Brazil has been issuing many laws on climate change, but implementation of such laws has not been adequate. Nevertheless, there are very few legal assessments on the Brazilian climate change regime that could assist to improve its effectiveness. The main purpose of this masters dissertation is to undertake a critical assessment of Brazilian National Climate Change Policy and of State of São Paulo Climate Change Policy, in order to comprehend whether or not the process of incorporating the climate change dimension on the Brazilian legal system has been adequate, and if not why. More than one hundred laws on climate change in Brazil were researched, but the detailed assessment was limited to the National and State of São Paulo legislation. Court precedents and main doctrine have also been analyzed. The results of the assessment demonstrate that since the National Climate Change Policy, many other climate change laws have been enacted, and most of them present serious uncertainties, which impair the execution of these laws. The main uncertainties of such laws arise from the fact the they do not clearly allocate responsibility and obligations to all stakeholders involved. Besides, the state law adopted a reduction target that is not achievable, which cause legal uncertainty and impairs the execution of these laws. In the end, the dissertation presents recommendations for the improvement of Brazilian climate change legal regime.
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Selecká, Nikola. „Vývoj spotrebného zdanenia na Slovensku“. Master's thesis, Vysoká škola ekonomická v Praze, 2017. http://www.nusl.cz/ntk/nusl-360191.
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Concern of this diploma thesis is indirect taxation in the Slovak Republic. An aim of this work is to compare consumption taxes and their development in Slovakia and other EU countries and also to identify advantages and deficiencies of the Slovak tax system with focus on the indirect taxation. As even in the sophisticated tax systems of distinction we may find ways for possible reform, suggestions for such improvements in analyzed areas are also included in the diploma thesis.