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1
Nowag, Julian. "Competition law, state aid law and free-movement law : the case of the environmental integration obligation." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:b14c7740-cac8-4084-acf8-86ff9c053e6c.
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This thesis investigates competition law, State aid law and free-movement law in their interaction with Article 11 TFEU’s obligation to integrate environmental protection requirements into all activities and policies of the Union. The Article is formulated in broad and sweeping terms which makes integrating environmental protection requirements complex and context-dependent. The challenge of integrating environmental considerations is further increased as such integration in competition, State aid and free- movement law is different from other areas of EU action. The three areas are the core provisions protecting the internal market by prohibiting certain actions of the Member States and undertakings. Unlike in other areas, the EU is therefore not in the position to develop or design the actions but has to scrutinise the measure according to pre-established parameters. To address this challenge, a novel functional approach to environmental integration is developed. The approach should facilitate a better understanding of environmental integration and in particular its application to competition law, State aid and free-movement law. An important element of this thesis equally the comparison between the three areas of law. It sheds light on conceptual issues that are not only relevant to the integration of environmental protection. The comparison advances the understanding in relation to questions such as how restrictions are defined and how the respective balancing tests are applied. The contribution of this research is therefore twofold. One the one hand, it compares how the different tests in competition, State aid and free-movement law operate, thereby offering opportunities for cross-fertilisation. On the other hand, this comparison and the improvements suggested as a result help to conceptualise environmental integration thereby paving the way for a more transparent and consistent integration of environmental protection in competition, State aid and free-movement law.
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Fernández, Agis Domingo. "Moral Law and Political Law in Greek Mythology: The Case of Prometheus." Pontificia Universidad Católica del Perú - Departamento de Humanidades, 2012. http://repositorio.pucp.edu.pe/index/handle/123456789/113286.
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The aim of this work is to offer the reader a tour through the most significant interpretations of the Prometheus myth, attempting to contribute from their standpoint to the clarification of the relationship between moral law and political law. In especial, it aims to highlight in Prometheus’s attitude something that betrays the presence of a strongly individualized conscience, whose dictates lead him to clash with power in its highest expression. On the other hand, different interpretations of the Greek concept of law are examined, where its highest expression is indebted to the idea of destiny. Based on Law, a common order that connects gods and humans is established, although not with the same degrees of subjection.El objetivo de este trabajo es ofrecer al lector un recorrido por las más signifi cativas interpretaciones del mito de Prometeo, intentando, a la luz del contenido de las mismas, contribuir al esclarecimiento de la relación entre ley moral y ley política. En particular, se trata de poner de relieve cómo hay en la actitud de Prometeo algo que delata la presencia de una conciencia, fuertemente individualizada, cuyo dictado le conduce a asumir el choque con el poder en su máxima expresión. Por otro lado, se analizan las diferentes interpretaciones del concepto griego de Ley, estudiando cómo la máxima expresión de la misma es deudora de la idea de destino. En base a la Ley, se establece un orden común, que enlaza a dioses y hombres, si bien no con los mismos grados de sujeción.
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Bernick, Eli Aaron, and Eli Aaron Bernick. "Supreme Court Case Law and Gun Control Laws in the United States." Thesis, The University of Arizona, 2017. http://hdl.handle.net/10150/624914.
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I looked at mass shootings that have happened in the United States in the past decade and
was inspired to do research and discover what was behind these tragedies. In my Honors Thesis
paper, I dug up important historical background and context that has given rise to the creation of
the 2nd Amendment. I took a stab at assessing the significance and profound impact that the
original constitutional framework wages on 21st century America. From there, I discussed the
implications of Supreme Court precedent in individual gun rights cases that have interpreted 2nd
Amendment doctrine. Next, I created a comprehensive assessment of gun laws broken down by
state. I also provided a brief summary of Congress's Bill No Break session that attempted to curb
national gun violence in the aftermath of Sandy Hook. At the end, I shed light on a couple of
countries; Australia and Japan, who have scaled back access to guns and initiated educational
gun safety programs that promote national gun policy reform. I used these two standard-bearers
as a collective model for the U.S. to try to emulate in terms of enhancing awareness and
understanding about the real danger that guns pose to society.
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Gololobov, Dmitry. "The Yukos case : the new dimension in money laundering cases." Thesis, Queen Mary, University of London, 2008. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1789.
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The Yukos case is known for its unprecedented character and complexity as a Russian corporate, tax and money laundering case. It continues to raise political and legal problems, both domestically and internationally, and has already become a symbol of the contemporary Russian political regime. This dissertation analyses in detail the criminal and corporate aspects of the case, and focuses mainly on the reasons for, and the development and implications of the embezzlement and money laundering case, which is known as the backbone of the Yukos Affair. The thesis is primarily based on a comparative analysis of the international academic findings, case law and the Russian data on the case. The dissertation also discusses in detail the political nature of the Yukos Affair, whilst attempting to show the substantive aspects of case. The findings of the dissertation highlight new types of risk that result from the politically motivated application of Russian anti money laundering legislation to the activities of the international corporate groups, which has been enacted on the basis of the internationally recognised principles. The paper also describes the nexus between the corporate tax evasion schemes, which have been widely used in Russia, and money laundering risks for corporations. Such a situation creates potentially unavoidable criminal risks for all corporate groups that have functioned in Russia over the recent decade. The thesis shows that the corporations, which invest directly and indirectly in the Russian economy, must be aware of the politically driven corporate criminal risks, which quite commonly are not reflected in the corporate disclosure data, and remain unnoticed by the investors. The paper is unique as reflects the personal experiences of the author as the longterm leading lawyer to the Yukos group and as the consultant on the Yukos-related cases.
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Al, Abdulkarim L. M. "Representation of case law for argumentative reasoning." Thesis, University of Liverpool, 2017. http://livrepository.liverpool.ac.uk/3007026/.
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Modelling argumentation based on legal cases has been a central topic of AI and Law since its very beginnings. The current established view is that facts must be determined on the basis of evidence. Next, these facts must be used to ascribe legally significant predicates (factors and issues) to the case, on the basis of which the outcome can be established. This thesis aims to provide a method to encapsulate the knowledge of bodies of case law from various legal domains using a recent development in AI knowledge representation, Abstract Dialectical Frameworks (ADFs), as the central feature of the design method. Three legal domains in the US Courts are used throughout the thesis: The domain of the Automobile Exception to the Fourth Amendment, which has been freshly analysed in terms of factors in this thesis; the US Trade Secrets domain analysed from well-known legal case-based reasoning systems (CATO and IBP); and the Wild Animals domain analysed extensively in AI and Law. In this work, ADFs play a role akin to that of Entity-Relationship models in the design of database systems to design and implement programs intended to decide cases, described as sets of factors, according to a theory of a particular domain based on a set of precedent cases relating to that domain. The ADFs in this thesis are instantiated from different starting points: factor-based representation of oral dialogues and factor-based analysis of legal opinions. A legal dialogue representation model is defined for the US Supreme Court Oral Hearing dialogues. The role of these hearings is to identify the components that can form the basis of an argument that will resolve the case. Dialogue moves used by participants have been identified as the dialogue proceeds to assert and modify argument components in term of issues, factors and facts, and to produce what are called Argument Component Trees (ACTs) for each participant in the dialogue, showing how these components relate to one another. The resulting trees can be then merged and used as input to decide the accepted components using an ADF. The model is illustrated using two landmark case studies in the Automobile Exception domain: Carney v. California and US v. Chadwick. A legal justification model is defined to capture knowledge in a legal domain and to provide justification and transparency of legal decisions. First, a legal domain ADF is instantiated from the factor hierarchy of CATO and IBP, then the method is applied to the other two legal domains. In each domain, the cases are expressed in terms of factors organised into an ADF, from which an executable program can be implemented in a straightforward way by taking advantage of the closeness of the acceptance conditions of the ADF to components of an executable program. The proposed method is evaluated to test the ease of implementation, the efficacy of the resulting program, the ease of refinement, transparency of the reasoning and transferability across legal domains. This evaluation suggests ways of improving the decision by incorporating the case facts, and considering justification and reasoning using portions of precedents. The final result is ANGELIC (ADF for kNowledGe Encapsulation of Legal Information from Cases), a method for producing programs that decide the cases with a high degree of accuracy in multiple domains.
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Mishina, O. "Ecology and law: the human rights case." Thesis, Вид-во СумДУ, 2006. http://essuir.sumdu.edu.ua/handle/123456789/11698.
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Busnardo, Anna <1989>. "International Refugee Law. The Case of Spain." Master's Degree Thesis, Università Ca' Foscari Venezia, 2014. http://hdl.handle.net/10579/4232.
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Lo scopo di questa tesi di laurea magistrale è quello di trattare il ruolo del rifugiato nello scenario europeo, con particolare riferimento al caso spagnolo. Partendo da un’analisi di alcuni articoli della Convenzione di Ginevra del 1951 riguardante i rifugiati e l’annesso Protocollo si passerà all’analisi della situazione dei rifugiati e richiedenti d’asilo a livello europeo. Si terminerà con il riferimento al caso spagnolo, in particolare alla realtà di Ceuta. Verranno infine date alcune considerazioni riguardo alla situazione giuridica di questi soggetti cercando di apporre delle possibili idee di miglioramento in un periodo storico che vede il fenomeno dell’immigrazione al centro delle politiche mondiali.
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Hamdan, Hanan Malek. "Refugees : from gaps in protection to case law." Thesis, University of Kent, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.399604.
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Marnani, Sayed Mohammed Fasih. "Law and development of technology : the Iranian case." Thesis, Queen Mary, University of London, 1997. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1567.
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This thesis is essentially a study of how intellectual property, transfer of technology and competition rules can be interfaced properly in Iran to facilitate the flow of technology into the country. The law governing the transfer and development of technology is a relatively new and non-traditional discipline. The thesis is intended to make a significant contribution to the limited number of publications available on the subject especially in examining within one volume the principles of three branches of law of great significance to economic development. The focus of this thesis is Iran. Iran is a country with a rich culture and a history that goes back to thousands of years. She has abundant natural resources including oil and a large domestic market and enjoys a strategic position in international trade and politics. Seven decades have passed since Iran attempted to acquire foreign technology to industrialise important sectors of her economy but the country continues to be dependent heavily on foreign technology and her economy remains an oil driven one. Part of the problem is the absence of a strong legal and institutional framework within which secure investments both local and foreign can take place on an enduring basis. The thesis shows that the international community has failed to provide an international legal framework responsive to the special needs of developing countries which are, therefore, constrained to rely on their own domestic institutions to tap into the technology available across the world. Given that international Conventions - such as the Paris Convention and the GATUTRIPS Agreement provided developing countries with space within which they can fashion their national laws and institutions regarding the transfer and promotion of technology, how should Iran reconstruct its local laws to secure indigenous development of its industrial and technological infrastructure? The thesis proposes a package of legal reforms and institutional changes which are intended to encourage the flow of technology into the country by guaranteeing the protection of acquired rights and assuring mutual benefits to both technology suppliers and recipients. The thesis is divided into four sections: Section I provides a historical background to Iran's attempts to industrialise, Section 11 is an analysis of the interfacing between intellectual property laws, competition laws, transfer of technology laws and international law to uncover the legal problems relating to the transfer of technology to the developing countries, Section III examines the existing national legal framework within which the flow of technology takes place in Iran and Section IV devises an optimum legal and institutional regime to maximise the transfer of foreign technology and promotion and development of domestic innovative activities with particular reference to Iran. In this thesis, the proposed Development of Technology Law of Iran lays down rules for patent grants, transfer of technology agreements and protection of competition and, for the first time, will bring the three areas of law under the supervision of a single independent agency of the government whose central purpose will be to develop a technological base in the country and advance industrial progress
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Bortoletto, Roberto <1989>. "The Marò case: a challenge for international law?" Master's Degree Thesis, Università Ca' Foscari Venezia, 2014. http://hdl.handle.net/10579/4177.
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Il caso dei due membri di Marina Italiani (Marò) coinvolti nell'incidente dell'Enrica Lexie del 15 febbraio 2012 rappresenta una sfida per il diritto internazionale in quanto coinvolge diversi aspetti della materia. Innanzitutto, riguarda l'efficacia delle azioni intraprese a contrasto della pirateria nell'Oceano Indiano. In secondo luogo, coinvolge la delimitazione degli spazi marittimi e la rispettiva giurisdizione degli Stati su di essi. Un altro argomento di grande importanza riguarda l'assegnazione o meno dell'immunità funzionale ai due militari di Marina da parte dell'India. Come ultimo aspetto vengono analizzati i diversi metodi di risoluzione di controversie internazionali, e viene data un'interpretazione personale per una possibile soluzione.
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Peter-Obot, Emmanuel. "Appeals in the military justice system a Nigerian case." DigitalCommons@Robert W. Woodruff Library, Atlanta University Center, 1987. http://digitalcommons.auctr.edu/dissertations/2664.
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This research attempts to measure the relationship between time and region on appeals with both criminal and civil cases in Nigeria during the period 1956 to 1965. The four regions studied include Lagos, Midwest, East and West by A.B. Kasunmu. Methodologically, this study employed the Univariate Box Jenkins Model, better known as the Auto-Regressive Integrated Moving Average, which is primarily a Univariate Time Series Analysis and the Analysis of Variance, which is the final statistical analysis used in this study. The major findings of this study were that: (a) the number of civil appeals permitted during the military regimes was significantly lower than those permitted during the civilian regimes; (b) the number of criminal appeals permitted during the military regimes was significantly lower than those permitted during the civilian regimes; (c) there were significant regional differences in the number of civil appeals permitted by the Supreme Court during the civilian and military regimes; and (d) there were significant regional differences in the number of criminal appeals permitted by the Supreme Court during the civilian and military regimes.
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Hagelüken, Alexandra. "The impact of EC Law and WTO Law on domestic law, a critical analysis of the case law of the European Court of Justice." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape9/PQDD_0025/MQ50934.pdf.
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Hagelüken, Alexandra. "The impact of EC law and WTO law on domestic law : a critical analysis of the case law of the European Court of Justice." Thesis, McGill University, 1998. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=21683.
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The relationship between, on the one hand, European Community Law and World Trade Organization Law and, on the other hand, domestic law lies at the heart of this thesis The European Treaty and the World Trade Organization Agreements have far reaching impacts not only on their Member States, but also on individuals. It is of crucial importance for the protection of individual rights and for the effective enforcement of these treaties whether individuals can invoke them before their national courts. After giving an overview of the general theories, which exist in international law with respect to the impact of international treaties on domestic law, this thesis analyzes the case law of the European Court of Justice regarding the impact of EC Law on domestic law and the impact of GATT 1947/WTO Law on the European Community. A review of this case law will demonstrate that the European Court has effectively promoted European integration by the doctrines of direct applicability, direct effect and supremacy. In contrast, the European Court has so far denied that individuals or Member States can challenge the validity of EC Law by invoking provisions of the GATT 1947. It is not clear whether the Court will change its attitude with respect to the WTO Agreements. This thesis will demonstrate that the general denial of direct effect to GATT/WTO Law is not based on legal reasons. With respect to the European Community, individuals must be allowed to rely at least on some of the provisions.
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Gebrehiwot, Tigisit Dessu. "Intellectual property law food and agricultural law and food security : the case of Southern Africa." Thesis, University of Pretoria, 2018. http://hdl.handle.net/2263/65649.
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This thesis is written with the purpose of answering three basic questions: Is the current intellectual property (IP) law capable of facilitating and supporting the goal of ending hunger and increasing food security? Will the current international food law promote fair and equitable food production and supply practices to benefit all who need it and will the existing international food law including IP, create incentives for farming practices that are ecologically sound as well as culturally and socially appropriate? The Southern African communities, in particular the San communities, will be used as a classic case study to highlight the reality experienced in developing countries under existing international food systems and IP law. The study will analyse the law by using this has created a gap and impacted on broader food security, making it difficult for small level agribusinesses to cope and compete in the midst of global economic change. The study will further illustrate the negotiations that have led to the formulation of various multilateral systems, including IP, dealing with food and agriculture. It is argued that the primary failing of the current global food systems in addressing food security is of great concern and should be addressed with urgency and a high level of commitment and political will. Negotiations on agriculture and food in various international forums should take some responsibility for the lack of transparency, commitment and consistency within its member states. Subsequently the historical disadvantaged position of developing countries to negotiate more favourable terms in international treaties governing food and agriculture is important and should be critically analysed to develop a more sustainable solution for food security.case study that will allow the comprehension of the law, the behaviour of society and the outcome in the application of the law in real life experience. This enables us to identify the gap created in the law addressing food security. The analysis deals with the interface between IP law and food control, as well as international conventions and treaties governing food and agriculture. This study will promote a better understanding of how the international food systems affect the future of food security exposing the fragility of the system. Furthermore, this study will summarise the negotiations that led to the formulation of various multilateral systems including IP dealing with food and agriculture. After providing the background to the current IP law and international food law addressing food security, the way in which the current international food law influences food security is analysed. It is argued that the existing international food and IP law approach to food securityThesis (LLD)--University of Pretoria, 2018.
Private Law
LLD
Unrestricted
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Hamid, Kazi Aktar. "Self-determination: The case study of Hawaii." Thesis, University of Ottawa (Canada), 1991. http://hdl.handle.net/10393/7823.
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The thesis examines, first, the juridicial nature of the right to self-determination as a human right, evolving primarily from the nationalist feelings of a group of people. The American and French Revolutions are examples of external and internal self-determination, respectively, developing from the nationalist feelings. Second, an examination has been undertaken of the basic reasons for a claim to the right to self-determination, out of which unequal treaties and forceful annexation have been argued to be the most important. Third, it has been submitted that the rights to self-determination and to resistance are intertwined, and that the right to resistance matures when all peaceful means of restoring the rights of a group of people fail. Fourth, the whole discussion of the right to self-determination and resistance is applied to Hawaii, which was annexed by the United States through a coercive and unequal treaty in the late nineteenth century. Thus, the thesis examines the validity of the Treaty of Annexation and supports the idea that native Hawaiians have a right to self-determination under international law, and never gave up their right to remain independent. Finally, the thesis recommends some measures to be adopted in order for native Hawaiians to regain their lost independence.
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Deedman, Galvin Charles. "Building rule-based expert systems in case-based law." Thesis, University of British Columbia, 1987. http://hdl.handle.net/2429/26137.
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This thesis demonstrates that it is possible to build rule-based expert systems in case-based law using a deep-structure analysis of the law and commercially available artificial intelligence tools. Nervous shock, an area of the law of negligence, was the domain chosen. The expert whose knowledge was used to build the system was Professor J.C. Smith of the Faculty of Law at the University of British ColumbiaLaw, Peter A. Allard School of
Graduate
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Sharom, Azmi. "Compliance with International Environmental Law : three Malaysian case studies." Thesis, SOAS, University of London, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.398939.
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Forrest, Anne. "Labour law and union growth : the case of Ontario." Thesis, University of Warwick, 1988. http://wrap.warwick.ac.uk/4386/.
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What role the law should play in encouraging the growth of trade unions is a matter of considerable controversy in Canada, the United States, and the United Kingdom. Limits to growth in other sectors of the economy coupled with heightened employer hostility to unionism have made the extension of collective bargaining to the tertiary sector the most pressing task for unions in the 1980s. In a limited way, the Canadian procedure for certifying and recognizing unions is being considered as a model for labour law reform. And there is much to recommend the Canadian system. It is far more efficient than its American counterpart. There are fewer delays, fewer unlawful interventions by employers, and a substantially higher likelihood that newly organized unions will be granted certification. Even so, unions have failed to break into the trade, finance, and services industries that are so critical to their future. Taken as a whole, Canadian labour law tends to block rather than promote the growth of unions in the unorganized sectors of the economy. The certification procedure is only one aspect of a legal regime that has as its primary purpose the preservation of industrial peace, not the encouragement of union growth. By shaping bargaining structure and regulating bargaining tactics, Canadian labour law tilts the balance of power in favour of employers. Small, fragmented unions are frequently pitted against large corporations and as there is nothing to stop anti-union employers from using their overwhelming strength to frustrate the collective bargaining process, efforts to organize the tertiary sector have failed.
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Großmann, Christoph [Verfasser]. "European Insolvencies: A Law and Case Perspective / Christoph Großmann." Berlin : epubli, 2021. http://d-nb.info/1229748962/34.
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Arrey, Hansel Ndip-Achere. "WHOLLY ARTIFICIAL ARRANGMENTS UNDER ATAD AND EU CASE LAW." Thesis, Uppsala universitet, Juridiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-388741.
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Arrey, Hansel Ndip-Achere. "Wholly Artificial Arrangements Under ATAD and EU Case Law." Thesis, Uppsala universitet, Juridiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-389766.
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Since the coming into force of the EU Anti-Tax Avoidance Directive (ATAD), there has been a lot of questions as to the meaning of the concept of wholly artificial arrangements and how member states can enact legislation to combat abuse of rights and other fraudulent practices within the European Union. However, the concept of wholly artificial arrangements as enacted in articles 6 & 7 of the ATAD is not new. It’s a concept that has been well developed within the case law of the Court of Justice of the European Union and hence, the judgments and opinions of the Court of Justice of the European Union are very important in understanding articles 6 & 7 of ATAD. As demonstrated in this thesis, despite the fact that member states are free to enact measures aimed at combatting abusive practices when it comes to tax matters, however they must do so in a such a way as not to go against EU law or EU basic freedoms. Hence EU law remains supreme. Furthermore, the fact that a taxpayer decides to take advantage of favourable tax rates abroad does not presume an intention to fraud and all cases of abuse of rights must be dealt with on a case-by-case basis. As shall be shown in this thesis, the only instance where the Court of Justice of the European Union will accept restrictive measures in order to combat tax avoidance and tax evasion, is only when it involves the use of wholly artificial arrangements in order to circumvent both EU law and national law. And this must be based on both an objective and a subjective test as shall be seen in the thesis.
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D'ANDREA, Sabrina. "Fluctuating conceptions of gender equality in EU law : a conceptual, legal and political analysis of EU policy, law and case law concerning work and care (1980-2020)." Doctoral thesis, European University Institute, 2021. https://hdl.handle.net/1814/70998.
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Defence date: 27 April 2021Examining Board: Professor Claire Kilpatrick (European University Institute); Professor Ruth Rubio Marín (Universidad de Sevilla); Professor Sophie Robin-Olivie (Paris 1 Panthéon-Sorbonne); Professor Annick Masselot (University of Canterbury)
Gender equality is a complex and debated concept; feminist scholarship and legal philosophy still struggle to define this notion. The EU context is no exception, as within the European project and literature, conceptions of gender equality have fluctuated. Existing literature has only given limited accounts of the different meanings of gender equality and has failed to identify the variables and reasons for this fluctuation in EU policy and case-law. In order to fill this gap, the present thesis takes onboard the challenge to uncover how the meaning of gender equality has shifted in the EU, across time, policy field and institutions. It starts by developing a theoretical frame which distinguishes between the possible aims of gender equality policy and the legal strategies employed by gender equality policy. It then applies this frame to four decades of EU policy regarding work and care, from 1980 to 2020, and questions to which extent these different gender equality conceptions and strategies have served the aim of women’s emancipation, assessing their effect on the gendered division of care and on the provision of social protection. The thesis shows that the main variable of fluctuation of gender equality conceptions has been the policy issue at stake: while the EU has employed formal equality in certain areas of law, it has been more prone to allow for substantive strategies for equality in others, depending on political priorities and opportunities. The conclusion explains these findings and reflects on the political conveniences of gender equality conceptions. It makes a theoretical, political and normative contribution to existing literature and debates concerning gender equality in the EU and gives directions for future gender equality policy.
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Solis, Gary Dean. "American military justice and the law of war : a case study of military law in Vietnam." Thesis, London School of Economics and Political Science (University of London), 1992. http://etheses.lse.ac.uk/1322/.
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During the Vietnam War, in Son Thang hamlet, a five-man American patrol murdered sixteen Vietnamese noncombatant women and children. The crime was discovered and the five apprehended. International treaties define much of the law of war. That law requires apprehension and trial of those committing "grave breaches." The manner of their prosecution is undefined. The research question, resolved through examination of the Son Thang incident and its subsequent prosecutions, is whether the United States, through its military justice system, meets its obligations under customary law of war. The study is unique in illustrating the law of war from treaty, to application, through appeal. Also examined are jurisdictional bases, the vitality of the defense of obedience to orders, and whether a good faith effort was made to prosecute the suspects - and whether good faith translated into effective prosecutions. The case offers a unique opportunity to observe U.S. military criminal process. A grave breach was committed at Son Thang, although the victims' status, citizens of a co-belligerent, placed even that in issue. But prosecution clearly was required. Before those prosecutions are detailed, the sources and history of law of war are noted, their translation into military law traced. Application of the law of war at Nuremberg is related, as it is in Vietnam. Employing interviews and trial records, the Son Thang events are described and juxtaposed with aspects of today's law of war and U.S. military law embodied in the Uniform Code of Military Justice. In assessing that Code's effectiveness, its procedural aspects are briefly compared with civilian models. Appellate resolutions of the Son Thang cases are discussed, their results compared to similar prosecutions and sentences. Finally, recommendations are offered to improve prosecution of war crime cases in future wars and to enhance compliance with the laws of war.
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Nghishitende, Kaulikalelwa N. "Competition law : the legal precedent of the Wal-Mart case on competition law development in Namibia." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12891.
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Includes bibliographical references.This dissertation paper is based on the decision of the Wal-Mart cases in respect to competition law, mergers and acquisition in Namibia. Owing to the fact that Namibian law is mostly derived from South African law, the exploration and analysis will be based on both Wal-Mart cases in Namibia and South Africa in respect of the subject matter with specific particularity on the significance of the court’s judgment to competition law development in Namibia. The paper will also contain an exposition of the High Court and Supreme Court’s judgment in Namibia as well as the judgment of the South African Court on the same subject respectively. This is aimed at providing an in-depth understanding of the approaches taken by the two courts with respect to mergers and also to derive guidelines from the interpretation of the court in South Africa owing to the fact that the court in South Africa has successfully and efficiently dealt with the same issues many times compared to the Namibian courts. The guidelines that will be looked at will be based on how the courts in Namibia and South Africa have applied and interpreted the provisions within the Act pertaining to statutory granting or refusal of mergers in the sphere of competition law with specific reference to the question of public interest. An analysis on the respective judgments will be provided.
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Vinatea, Recoba Luis. "Allegations in the New Peruvian Labor Proccess Law." THĒMIS-Revista de Derecho, 2014. http://repositorio.pucp.edu.pe/index/handle/123456789/110059.
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The New Labor Procedure Act has generated many changes in the structure of the labor process itself: It has turned from being written and unfocused to become now an oral and concentrated one. As a consequence, there's only once chance for convincing the Judge.This article covers the strategy to be followed in this new process, from the strategy itself to the allegations, in order to generate certainty in the judge whom will solve the case.La Nueva Ley Procesal del Trabajo ha generado cambios muy amplios en la estructura delproceso mismo: Ha pasado de ser un proceso escrito y desconcentrado a convertirse en uno oral y concentrado. Como consecuencia de ello, existe una única oportunidad de convencer al Juez.El presente artículo abarca la estrategia que debe seguirse en este nuevo proceso, desde la formulación de la estrategia misma hasta los alegatos, a efectos de generar convicción en el juzgador que resolverá el caso.
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Roth, Abraham Cornelis. "Case-based reasoning in the law a formal theory of reasoning by case comparison /." [Maastricht : Maastricht : Universiteit Maastricht] ; University Library, Maastricht University [Host], 2003. http://arno.unimaas.nl/show.cgi?fid=7482.
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Fitzgerald, Patrick. "A reconsideration of the prima facie case." Master's thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/18590.
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The topic of this dissertation is whether the requirement of' a prima facie case' and the approach to determining whether it has been met in the context of security arrests 'in terms of section 5(3) of the Admiralty Jurisdiction Regulation Act' ("the Act") is still appropriate, and if not, what should the approach and the requirements be both to security arrests and to attachments at common law and under the Act. One of the current requirements for obtaining the relief sought in (a) 'an application for an order for attachment to found or confirm jurisdiction' before courts exercising their general civil jurisdiction ("attachments at common law"); (b) 'an application for an order for attachment to found or confirm jurisdiction' before courts exercising Admiralty jurisdiction ("attachments in personam under the Act"); ( c) arrests in rem to enforce a claim in Admiralty ("arrests in rem"); and, (d) an application for an order for an arrest in Admiralty ("security arrests") is that the applicant must show 'that it has a prima facie case on the merits against the respondent.
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Berry, William W. "Assessing proportionality in capital cases : a case study of Ohio." Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:b8870e77-83b1-41cf-a8cf-1ed5fe42aad1.
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When the United States Supreme Court approved the reinstatement of the death penalty in the United States in 1976, it did so based on the promise of new safeguards against comparative excessiveness and relative disproportionality resulting from jury sentencing in capital cases. As Justice Stevens noted in 2008, one of these safeguards – meaningful appellate review of death sentences – is, in practice, non-existent. This thesis examines the use of this purported safeguard by the Ohio Supreme Court, in the form of comparative proportionality review, to determine the degree to which Ohio capital cases are ‘relatively proportionate’ in the time period after the state adopted life without parole as a sentencing option in 1996. Specifically, this thesis employs two approaches to identifying ‘similar’ cases – the overall aggravation approach (through logistic regression analysis) and the fact specific approach – and then compares each death sentence to its group of ‘similar’ cases to determine whether it is relatively proportionate, given the death sentencing ratio of its comparable group. After establishing that at least forty per cent of Ohio cases were relatively disproportionate, the thesis argues that Ohio’s current approach violates the requirements of the Eighth Amendment. In particular, the Court’s failure to examine cases sentenced to life as part of its proportionality review and its use of the precedent-seeking approach has the outcome of ignoring death sentences that are comparatively excessive. Finally, the thesis concludes by offering a normative model by which Ohio can improve its administration of comparative proportionality review. The thesis advocates the use of a ‘purposive’ approach, defining ‘similarity’ on the basis of the intended purpose of punishment, and suggesting that just deserts retribution provides the best approach for determining ‘similarity’.
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Monture, Patricia A. "Locating aboriginal peoples in Canadian law one aboriginal woman's journey through case law and the Canadian Constitution." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0024/MQ39214.pdf.
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Lidbeck, Nadja. "The Lundin case in Sudan according to the UN Guiding Principles." Thesis, Stockholms universitet, Juridiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-140693.
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Blackman, Susan Jane. "Expert systems in case-based law : the rule against hearsay." Thesis, University of British Columbia, 1988. http://hdl.handle.net/2429/27763.
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The rule against hearsay of evidence law, and its exceptions, can be explained with a simple heuristic device. Where the circumstances surrounding the making of the hearsay statement indicate that the declarant perceived the matters reported accurately, believed and remembered what she saw when she reported it, and intended to accurately report it, the evidence appears reliable and is admissible in court. This theory is used as the basis for building an expert system to advise lawyers about admissibility of hearsay evidence. The expert whose knowledge forms the basis of this expert system is Professor M. T. MacCrimmon of the Faculty of Law at the University of British Columbia.Law, Peter A. Allard School of
Graduate
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Kavcic, John Andrew. "English deism and natural law, the case of Matthew Tindal." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ32668.pdf.
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Gallagher-Mackay, Kelly. "Rule of law and Aboriginal government, the case of Nunavut." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ56175.pdf.
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Varela, David F. "The federal system and corporate law: the case of Delaware." Thesis, McGill University, 1989. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=55686.
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Granger, Marie-Pierre F. "The influence of member states' governments on community case law." Thesis, University of Exeter, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.365177.
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Gao, Jingkang. "Why the Chinese obey the law : case studies from transportation." Thesis, Massachusetts Institute of Technology, 2016. http://hdl.handle.net/1721.1/104121.
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Thesis: S.M. in Transportation, Massachusetts Institute of Technology, Department of Civil and Environmental Engineering, 2016.This electronic version was submitted by the student author. The certified thesis is available in the Institute Archives and Special Collections.
Cataloged from student-submitted PDF version of thesis.
Includes bibliographical references.
Why do people obey the law? Economists take the instrumental perspective, according to which compliance is based on tangible gains and losses to the individual; policymakers can obtain compliance through increasing the certainty or severity of punishment for violations. Psychologists have added the normative perspective to the compliance literature. According to the normative perspective, compliance is based on internalized social values irrespective of utility changes to the individual. Two important types of normative motivations explored in this thesis are the perceived legitimacy of the authorities and the perceived morality of the laws. This thesis contains three papers that address compliance in the context of transport in China. The first paper examines compliance with a wide set of laws and regulations from public disturbance to distracted driving and explores which set of evaluations determine legitimacy. The results show that morality is the most important motivation, that the severity of punishment is more influential than the perceived risk of apprehension, and that legitimacy is determined by procedural fairness. The second paper examines compliance with twelve traffic laws. The results also show that morality is the most important motivation, that legitimacy influences younger drivers while safety influences older drivers, and that there is a social norms gap between distracted driving laws and conventionally studied traffic laws. The third paper examines compliance with the Shanghai license plate auction policy. The results again while normative, instrumental, and image motivations influence compliance for local hukou holders, only instrumental motivations influence compliance for non-local hukou holders. The findings contribute to the research on compliance and provide potential recommendations for authorities and policymakers.
by Jingkang Gao.
S.M. in Transportation
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Forrest-Lawrence, Pota. "Media, Policy and the Law: The Case of Crystal Methamphetamine." Thesis, The University of Sydney, 2016. http://hdl.handle.net/2123/15759.
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Crystal methamphetamine has been constructed by Australian media as the most dangerous illicit drug of the twenty-first century. Such representations, so readily available in print media commentary, have transformed the image of the drug from relative obscurity to a drug worse than heroin and a modern-day folk devil. Media calls for swift and urgent political action to address the methamphetamine problem have urged policymakers to respond to this ‘national drug threat’. This thesis explores the media construction of crystal methamphetamine, its users, manufacturers, importers and those who policed them over the period 2000-2009. It examines whether, and if so, to what extent, media have contributed to the development of illicit drug policies and legislation during this period. The state of NSW was selected as a case study for this analysis. A total of 433 print media articles and six methamphetamine-related policies and laws were subject to a discourse analysis. It is argued that media created a ‘new ice risk’ that encouraged punitive policy making. The research reveals that the media response to the drug during this period drew on law enforcement, public health and government discourses. Embedded within this media response were competing and contradictory discourses of the ‘methamphetamine user’, ‘the enforcers’ and ‘the folk devil drug’ and their respective discourse strands. These discourses and strands, fuelled by dramatic metaphors, research evidence and expert commentary, contributed to a media narrative that presented the public and policymakers with an image of a risky and dangerous drug. Through the convergence of these discourses, a ‘new ice risk’ was created that became part of the larger risk environment. This ‘risk’ fed off a ‘culture of control’ that had developed in government responses to problematic social issues. Media and policymakers thus worked together to produce a punitive response to a drug purported to be a major threat to society.
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Piccinini, Soemi <1995>. "The abortion right: abortion law and the case of Poland." Master's Degree Thesis, Università Ca' Foscari Venezia, 2021. http://hdl.handle.net/10579/19723.
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The dissertation topic is the right to abortion. It will be divided into three chapters which will each focus on different level of the issue. The first one focuses on the practice itself from a more scientific point of view. It will show data about safe and unsafe abortion procedures, specific methods, treatments and contraceptives and lastly it will analyse the current abortion access situation amid the Covid-19 pandemic. The second chapter will examine the legal level. Specifically, it will illustrate the law from an historical and geographical perspective, then it will move to the display of women’s reproductive rights and past judgements that are particularly important. Lastly, the third chapter will target the specific case of Poland which changed the legal ground to obtain an abortion in 2021 following a constitutional court decision. It will do so by examining firstly the parliamentary debate and then the political debate.
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Reichman, Amnon. "Taking constitutional structures seriously : a Canadian case study /." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/NQ53775.pdf.
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Leung, Yuen Pik Michelle. "Genre analysis of tenancy agreements of a chain store in Hong Kong." HKBU Institutional Repository, 1997. http://repository.hkbu.edu.hk/etd_ra/117.
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MacNair, Deborah M. "The case for introducing specific ethical standards for legislative drafters." Thesis, University of Ottawa (Canada), 2000. http://hdl.handle.net/10393/9238.
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In this thesis I examine the question of whether there should be specific ethical and related professional standards adopted within an existing code of professional conduct, such as the Canadian Bar Association's Code of Professional Conduct, for those who are responsible for drafting legislation and regulations in Canada. There are no such provisions in Canada at present. Some provincial law societies, including Alberta and Nova Scotia, have examined the issue of separate ethical rules for public sector practitioners but their professional codes are silent with respect to any specific obligations on those drafting legislation or regulations. Using the examples of conflict of interest, the duty of confidentiality, the obligation to safeguard solicitor-client privilege and lobbying, I argue that specific standards are necessary because it is necessary to maintain uniform professional standards. While the focus of my research will be the situation in Canada, I am including limited comparative information from the United States. (Abstract shortened by UMI.)
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Stoker, Stuart Mitchell Imrie. "A comparative study of law reform implementation : selected cases /." Thesis, Click to view the E-thesis via HKUTO, 1987. http://sunzi.lib.hku.hk/hkuto/record/B42574110.
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Berettoni, Fulvia <1992>. "Access to Health Care in Human Rights Law and the Case of the United States." Master's Degree Thesis, Università Ca' Foscari Venezia, 2018. http://hdl.handle.net/10579/13151.
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Several international conventions guarantee the human right to health; this right includes the right to equal access to health care, which is the focus of this thesis. In analyzing the topic, particular attention is placed on international human rights law and on the situation of the United States. The first two chapters address the right from an international law perspective; in the first one, the international law sources that include the right are mentioned and analyzed, considerable attention is given to the ICESCR (and its General Comment No.14), and to the WHO framework. In the second chapter, the subject of justiciability of the right at international level is addressed. The third and fourth chapters deal with the U.S.: its health care system, health care reforms, and public health care measures are analyzed through the lens of human rights.
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Gray, J. A. (John Andrew). "Vessel source pollution and key international conventions: a case for change." Thesis, University of Auckland, 2002. http://hdl.handle.net/2292/2868.
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Pollution from vessels cannot be controlled effectively without the involvement of flag States. They have the primary responsibility for ensuring that the vessels which fly their flags comply with all applicable international rules and standards relating to vessel source pollution. Compliance with such rules and standards involves additional operating costs for ship-owners. Thus, in the highly competitive international maritime transport industry, there are many incentives for flag States not to prejudice their pursuit of comparative advantage by ensuring that their flag vessels comply with the applicable rules and standards. Enforcing their flag vessels to comply is not a rational choice. Accordingly, flag States must be given reasons to ensure that their flag vessels do comply with pollution control rules and standards if the problem of vessel source pollution is to be resolved. Neither of the two international Conventions which regulate the control of vessel source pollution, namely MARPOL and UNCLOS III, gives flag States reasons to ensure the compliant operation of their flag vessels. For that reason, neither Convention can claim to be an effective means for controlling pollution from vessels. There is, however, emerging evidence of flag State commitment to the control of vessel source pollution in response to the application of regional Port State Control measures. From the perspective of flag States, one aspect of the application of the concept of Port State Control is of concern - that is the legal basis of the control measures which are being taken against their flag vessels for violations of MARPOL's rules and standards.
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MacDonald, Michaela. "The case for virtual property." Thesis, Queen Mary, University of London, 2017. http://qmro.qmul.ac.uk/xmlui/handle/123456789/30717.
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Virtual assets should be treated as a species of property. Users of virtual environments have legitimate expectations about acquiring legal interests in virtual assets as they would in their physical counterparts under similar circumstances. There are two sources of these expectations. Firstly, it is the architecture of virtual environments, the existence of virtual economies, and the property-like characteristics of virtual assets that frame users' expectations. Secondly, providers' representations and conduct either explicitly authorise or tolerate virtual asset transactions. As a result, issues of title and ownership arise. The existing legal framework fails to deal properly with these issues. Currently applicable laws, such as contract, intellectual property or consumer protection law, do not recognise users' expectations as legitimate. However, property law could provide the necessary answers by treating virtual assets as part of the law of property. The theoretical foundations of property law inform us about the origins, justifications and consequences of property rights, as well as their role in allocating valuable resources and resolving social conflict. The concept of virtual property entails property rights in virtual assets, which as durable, separable things of independent value. In consequence, a new category of virtual property would resolve the different and unjustified treatment of virtual assets. Virtual property recognizes and protects users' legal interest in virtual assets, based on their legitimate expectations.
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King, Andrew G. "Making Sense of Law Reform-A Case Study of Workers' Compensation Law Reform in Ontario 1980 to 2012." Thesis, Université d'Ottawa / University of Ottawa, 2014. http://hdl.handle.net/10393/31217.
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This thesis is a case study from 1980 to 2012 of law reform applied to workers’ compensation in Ontario. It aims to understand the promise of law reform and its implementation from the standpoint of injured workers. The study is structured in three parts.
Part One constructs an analytical framework drawing on legal theories and principles of adjudication. It provides a brief history of the Ontario Workers’ Compensation Board, its powers and adjudicative practices prior to the reforms.
Part Two summarizes reform in Ontario’s workers’ compensation law from 1980 to 2012. The description is organized into five periods reflecting significant shifts in direction. It focuses on government recommendations for reform, identifies and describes key legislative changes, and explores changes to governance, appeals and adjudication. Legislation, case law, policy and practice are reviewed.
Part Three reviews the evidence of the impact of the Ontario reforms on a particular group: unemployed, permanently disabled workers. While the Board refuses to track the economic status of injured workers, research suggests poverty and stigma face many.
Conclusions suggest that Ontario’s workers’ compensation system was transformed from one established to address the interests of workers and employers separately to one that balances those interests and now into one that privileges the interests of employers. Workers’ interests are a cost to be reduced. The prospect of law reform as an empirically driven process to address injustice has been corrupted by a focus on correctness with fairness as an afterthought.
Cette thèse étudie les réformes de la législation ontarienne en matière d'indemnisation pour les accidents du travail apportées entre 1980 et 2012. Elle vise à comprendre, du point de vue des travailleurs accidentés, les promesses des réformes et leur mise en oeuvre. L'étude est structurée en trois parties.
La première partie fournit un cadre théorique ancré sur certaines théories juridiques et sur les principes régissant la prise de décision. Elle fournit une courte historique de la Commission des accidents du travail de l'Ontario, en regard de ses pouvoirs et pratiques décisionnelles avant les réformes.
La deuxième partie fait la synthèse de la réforme de la législation ontarienne en matière d'accidents du travail de 1980 à 2012. Elle se divise en cinq périodes reflétant les réorientations importantes. Elle aborde les recommandations gouvernementales, décrit les modifications législatives et explore les changements apportés au niveau de la gouvernance, des appels et des modalités de prise de décision. La législation, la jurisprudence, les directives et les pratiques sont étudiées.
La troisième partie analyse, à la lumière des statistiques et les recherches scientifiques sur le sujet, l'impact des réformes ontariennes sur un groupe particulier: les travailleurs porteurs d'atteintes permanentes et qui sont sans emploi. Alors que la Commission refuse de documenter le statut économique des travailleurs accidentés, la recherche suggère que plusieurs font face à la pauvreté et la stigmatisation.
Les conclusions de la thèse suggèrent que le système d'indemnisation des accidentés du travail de l'Ontario est passé d'un système conçu pour répondre aux intérêts des travailleurs et des employeurs de manière séparée à un système qui a cherché l'équilibre entre ces intérêts, pour, maintenant, privilégier les intérêts des employeurs. Les intérêts des travailleurs sont des coûts à être réduits. La perspective de la réforme du droit en tant que processus fondé sur les données scientifiques pour répondre à l'injustice a été corrompue par un focus sur le caractère correct des décisions, et l'équité est devenue une considération qui vient en dernier lieu.
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Wallace, Chloë J. "Legal culture and the harmonisation of law in Europe : the case of English and French sex discrimination law." Thesis, University of Kent, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.246642.
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Bogojevic, Sanja. "Discourse analysis of emissions trading scholarship : a case study of the EU emissions trading scheme." Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:4bab5c90-dc00-48ef-88a0-3162f05cf1b1.
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Over the last four decades emissions trading has enjoyed a high profile in environmental law scholarship and in environmental law and policy. Much of this regulatory discussion is promotional, preferring emissions trading above other regulatory strategies without, however, engaging with legal complexities embedded in conceptualising, scrutinising and managing emissions trading schemes. The combined effect of these debates is to create a perception that emissions trading is a straightforward regulatory strategy, imposable across various jurisdictions and environmental settings. This thesis shows that this view of emissions trading is problematic for at least two reasons. First, emissions trading responds to distinct environmental and non-environmental goals, including creating profit-centres, establishing a governance regime aimed at substituting state control of common resources, and ensuring regulatory compliance. This is important, as the particular purpose entrusted to a given emissions trading regime has, as its corollary, a particular governance structure, according to which the regime may be constructed and managed. Second, the governance structures of emissions trading regimes are culture- specific, which is a significant reminder of the importance of law in understanding not only how emissions trading schemes function but also what meaning is given to them as regulatory strategies. This is shown by deconstructing emissions trading discourses: that is, by inquiring into the assumptions about emissions trading that feature in the literature and in debates involving law- and policymakers and the judiciary at the EU level. Ultimately, this thesis makes a strong argument for reconfiguring the common understanding of emissions trading schemes as regulatory strategies, and sets out a framework for analysis to sustain that reconfiguration.
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Perell, Paul M. "The case for rhetoric." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0033/NQ27315.pdf.
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Moonsamy, Kameshwhri. "Analysis on the Administration and Governance of the South African Case Docket." Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/29721.
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The minor dissertation is a desktop literature study on the debates and research on the matter of docket management and administration in South Africa. The purpose of the minor dissertation is to understand the latest developments and trends that have transformed the administration and governance of case dockets globally and particularly in South Africa. A compendium of literature including governmental reports, scholarly journal articles and newspaper reports were utilised as the basis for this minor dissertation. The limitation to this study is primarily the paucity of South African literature on the subject matter as well as data gaps in empirical research. Effective case management has been the focal point for courts facing burgeoning bottlenecks throughout the world. Hence, techniques such as case screening or docket control, judicial intervention, attorney and advocate support, specialisation of courts and the integration of Information and Communications Technology (ICT) have been employed globally to expedite case flow. This research paper will draw on global paradigms and world’s best practices for case docket management from North America, Europe and Namibia. Thereafter the research turns to administrative reform from a South African perspective; what will be examined is the transition from policing practices under the apartheid regime to case docket management under the constitutional dispensation of democratic governance. As part of an Integrated Justice System (IJS) strategy, South African policymakers have drawn from the pool of experience by adopting ICT projects within the Criminal Justice System (CJS), primarily giving rise to the electronic or e-Docket system. The e-Docket system, which is said to take up to at least 10 to 20 years to fully implement, faces its own hurdles and dilemmas, not least as a result of police officials preferring the old traditional paper-based dossiers, thereby resisting the technological movement. In addition to the e-Docket system, the CJS has reeled in principles from the private sector such as outsourcing and New Public Management (NPM) philosophies in order to effectively regulate docket management as well as accelerate court processes. The research problem, which is twofold, first aims at examining case docket reform ie how case dockets have transitioned from the apartheid era to the constitutional dispensation and whether or not this has been effective. This issue will be answered in Chapter Two, in which case chronology will be discussed. The second concerns the adoption and implementation of techniques borrowed from the West, such as the implementation of ICT projects and the success of first world systems in a country like South Africa with a turbulent socio-economic background. This problem will be addressed in Chapters Two and Three in which the eDocket will be introduced and critically examined against South Africa’s CJS strategies. Arguably, the adoption and implementation of Western ideologies and first world best practices in South Africa may not be feasible given the current landscape of constrained and limited resources, both financial and in the field of human capital. Additionally, the climate is further exacerbated by low levels of computer literacy and an overall scarcity of skilled and knowledgeable workers required to operate sophisticated ICT systems. Until the e-Docket system is fully implemented and effectively operational, the labour intensive paper-based dockets will continue to bear negative ramifications including mismanagement: ie negligent docket handling, lost or stolen dockets and the practice of bartering dockets in exchange for gratuities. The latter provides a host of repercussions for the interests of stakeholders including egregious violations of fundamental human rights. The aim of this research is to understand the rationale behind maladministration and ineffective governance of dockets in the democratic era, as well as the effect it has on stakeholders. The research provides recommendations in which the administration of dockets may be adequately regulated. Therefore, police dockets represent much more than a kneejerk reaction to crime; dockets regulate the entry points into the criminal justice system pipeline. South Africa needs to invest in its greatest asset of all − its human capital, by developing and equipping its people to embrace the technological revolution. Have we sunk our heels in too far into the ‘splendor’ of Western ideologies of technology and privatisation or is it time that South African leadership adopts accountability and charters a course with an authentic framework best suited for South African problems?