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Palma, Mary Ann. "Analysis of the adequacy of the Philippine legal, policy, and institutional framework to combat illegal, unreported, and unregulated fishing." Access electronically, 2006. http://www.library.uow.edu.au/adt-NWU/public/adt-NWU20070320.121526/index.html.
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Creamer, Allan E. "Evaluating the effects of angler behavior on the efficacy of harvest regulations in recreational fisheries." Thesis, This resource online, 1993. http://scholar.lib.vt.edu/theses/available/etd-09122009-040500/.
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Vogel, Runhild Solveig. "Die Aussenfischereibeziehungen der Europäischen Gemeinschaft : Schutz und Bewirtschaftung kommerziell genutzter Fischbestände in der Europäischen Gemeinschaft /." Frankfurt, M. ; New York, NY : Lang, 2009. http://d-nb.info/995506582/04.
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Sodik, Dikdik Mohamad. "Combating illegal, unreported and unregulated fishing in Indonesian waters the need for fisheries legislative reform /." Access electronically, 2007. http://www.library.uow.edu.au/adt-NWU/public/adt-NWU20080905.114951/index.html.
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Xue, Guifang. "China's response to international fisheries law and policy national action and regional cooperation /." Access electronically, 2004. http://ro.uow.edu.au/theses/369.
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Kikugawa, Tomofumi. "A theoretical analysis of the Law of the Sea negotiation in the context of international relations and negotiation theory." Thesis, University of Stirling, 1999. http://hdl.handle.net/1893/1521.
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The Law of the Sea negotiation, which was instigated as a response to increased human activities at sea, was an international law making process. The negotiation has been described as the longest, most techncally complex, continuous negotiation attempted in modem times. It was attended by almost all states in the world and contained a series of complex and overlapping issues. It was a remarkably successful process in that it concluded with an agreement, which protagonists with different interests and objectives succeeded in producing after 27 years. This thesis analyses international relations and negotiation theories that relate to the Law of the Sea negotiation, highlighting the strengths and weaknesses of each body of theory. The work goes on to examine the most importnt aspets of the Law of the Sea negotiation, including why the negotiation started, the core issues and principal actors of the negotiation, the process up until 1980 when the draft Treaty was devised, the American rejection of the Treaty and the process which led to the final agreement of 1994. The work then looks at these individual aspects of the negotiation in the context of the examination of international relations theory and negotiation theory that relates to the Law of the Sea. The thesis concludes by proposing a model that explains the Law of the Sea negotiation. The model questions existing theory on the meaning of the state and states' status in international society.
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Thoms, J. Michael. "Ojibwa fishing grounds a history of Ontario fisheries law, science, and the sportsmen's challenge to aboriginal treaty rights, 1650-1900 /." online access from Digital Dissertation Consortium access full-text, 2004. http://libweb.cityu.edu.hk/cgi-bin/er/db/ddcdiss.pl?NQ90280.
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Sakata, Tommy Taira. "An assessment of area licence configurations in the B.C. salmon fishery." Thesis, University of British Columbia, 1985. http://hdl.handle.net/2429/24911.
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There has been much discussion of the merits and limitations of area licensing, i.e., a fishery management tool which restricts fishermen to certain geographic areas, in the British Columbia," Canada, salmon fishery. To date there has been little formal evaluation of the implications of this policy tool for salmon fishery management. In the reports by Pearse (1982), Sinclair (1978) and Fleet Rationalization Committee (1982) some insights on the subject are provided, but an evaluation in terms of specific criteria is lacking.
This study evaluates five area licence configurations in the context of the B.C. salmon fishery. They are assessed based on evaluative criteria that cover the following subject areas: management operations; socio-economic effects; biological effectiveness; and economic efficiency. Each of these broad subjects are factored into specific elements, in which the emphasis is on the nature of the fishery and the resource. From the analysis it was found that the area licence configurations that factored the coast into two large harvest areas or the configuration that alienated small area(s) as test area(s) are most appropriate for the fishery. These configurations facilitated the attainment of management operations, socio-economic and biological goals, but not the economic efficiency goals. The other configurations, in particular those that factor the coast into a number of smaller harvest areas, result in exacerbating the problems with all criteria except economic efficiency and some biological factors. The appropriate area configurations for the B.C. salmon fishery would be the configurations that factors the coast into two large harvest areas; or the configuration where two or three small harvest areas are alienated from the existing harvest area. There are three fundamental reasons for this: (1) they are least disruptive (i.e., minimum impact on present harvest patterns, least politically sensitive, and minimum distributional effects); (2) they offer greatest flexibility to address political, economic, biological and social uncertainties; and (3) these area configurations provide the greatest ease of implementation and incremental adjustment of the status quo. Acceptance of these configurations will depend on the time horizon and the objectives of the decision makers.Applied Science, Faculty of
Community and Regional Planning (SCARP), School of
Graduate
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Finley, Mary Carmel. "The tragedy of enclosure fish, fisheries science, and U.S. foreign policy, 1920-1960 /." Diss., Connect to a 24 p. preview or request complete full text in PDF format. Access restricted to UC campuses, 2007. http://nsgl.gso.uri.edu/casg/casgy07001.pdf.
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Thesis (Ph. D.)--University of California, San Diego, 2007.Title from first page of PDF file (viewed January 9, 2008). Available via ProQuest Digital Dissertations. Vita. Includes bibliographical references.
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Parsons, L. S. "An evaluation of the Canadian 200-mile fisheries zone : benefits,problems and constraints." Thesis, McGill University, 1992. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=70265.
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This thesis evaluates the impact of the Canadian 200-mile fisheries zone from biological, economic and social perspectives. The factors and events leading to the 200-mile zone are examined. The Canadian management regime post-extension is described. Canada derived significant benefits from the 200-mile zone including increased management authority over a vast area with major fish resources, the displacement of foreign fisheries, the development of Canadian fisheries in areas and for species not previously utilized by Canada, and the opportunity to rebuild overfished fish stocks. However, various problems and constraints have led to continued fisheries instability. These include: (1) Natural resource variability, (2) The common property nature of the resource and resultant overcapacity, (3) Fluctuations in market conditions, (4) Heavy dependence on the fisheries in isolated coastal communities, and (5) Recurrent conflict among competing users and conflicting objectives for fisheries management.Despite Canada's abundant marine fishery resources, various combinations of these factors have contributed to a recurrent boom-and-bust pattern in many marine fisheries. Extended jurisdiction did not provide a panacea for the problems of the fisheries sector. Continued periodic fluctuations in Canada's marine fisheries and demands for government assistance can be expected unless viable alternative economic opportunities can be developed in the coastal regions.
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Manarangi-Trott, Lara. "Fisheries data requirements under international law achieving long-term conservation and sustainable use of tuna fisheries in the western central Pacific Ocean /." Access electronically, 2008. http://ro.uow.edu.au/theses/118.
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Carstensen, Nils Christian. "Das Verhältnis des Seerechtsübereinkommens der Vereinten Nationen von 1982 zu fischereirechtlichen Übereinkommen und deren Streitbeilegungsvorschriften /." Frankfurt am Main [u.a.] : Lang, 2005. http://www.gbv.de/dms/sbb-berlin/476194350.pdf.
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Smith, Roger. "Japan's international fisheries policy : the pursuit of food security." Thesis, University of Oxford, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.670139.
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Cumbie, James Wesley Adrian John. "Process, regulation requirements, and financial analysis for transforming rural land to recreational sportfishing waters." Auburn, Ala., 2006. http://repo.lib.auburn.edu/2006%20Spring/master's/CUMBIE_JAMES_20.pdf.
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Urquhart, Ian Thomas. "Interdependence, state competition, and national policy : regulating the British Columbia and Washington Pacific salmon fisheries, 1957-1984." Thesis, University of British Columbia, 1987. http://hdl.handle.net/2429/27555.
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This study explores the politics of regulating the British Columbia and Washington commercial salmon fisheries between 1937 and 1984. The principal focus of this comparative-historical study is upon one particularly striking exception to the tendency of regulators to tighten commercial salmon fishing restrictions over time - the persistence of liberal offshore trolling regulations. The dissertation argues that the anomalous treatment of the offshore troll fishery during this period may be ascribed to the competition between states for the right to harvest salmon - a common property resource.
In making this claim, the study questions the adequacy of the interest-group driven explanations of policy which figure prominently in the literature on regulation. Two pillars of interest group theory, the tendencies to explain national policy only through reference to domestic politics and to reduce state behaviour to little more than the product of the demands of private sector interests, are challenged in this comparative case study.
The challenge to the first tendency of interest group theory is sustained by examining the relations between national regulatory preferences and the foreign fishery policy goals of Canada and the United States. The pursuit of two goals - Asian exclusion and North American equity - in bilateral and multilateral negotiations demanded the adoption of particular regulatory profiles. Liberal offshore troll regulations may be explained according to the legitimacy and bargaining advantages they lent to Canadian and American efforts to incorporate these two goals into modifications to the traditional fishery regime.
The study also suggests that, in a setting characterized by intergovernmental competition, regulatory policies may not always be equated with the preferences of interested private parties. In this setting the state's ability or willingness to respond to even the most influential private sector interests may be limited by the state's evaluation of its bargaining resources and requirements. State competition created a context where government attitudes towards offshore salmon fishing could be understood in terms of state preferences, preferences derived from officials' perceptions of the legitimacy of various national regulatory policies in the context of valued international institutions.
While state competition is the centrepiece of the explanation of national fishery policy developed in this study its explanatory power is mediated by two intervening institutional variables - the capacities of states to formulate and implement policies and the structure of the international regime itself. The level of knowledge regarding the salmon resource played an instrumental role in the formulation of regime goals and of pertinent national policies. The extent to which state management in offshore waters was fragmented between different bureaus affected the ability of officials to adopt national policies which suited their international purposes. The redistribution of the American state's fishery management capacity in the 1970s was a catalyst for the severe restrictions visited upon Washington trailers at that time.
A second institutional factor, the structure of the international fishery regime, also mediated the competition between states. The series of reciprocal fishing privileges agreements between Canada and the United States was particularly important in maintaining established offshore regulatory preferences during the 1970s when the clash between American and Canadian salmon fishery perspectives was intensifying.Arts, Faculty of
Political Science, Department of
Graduate
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Tembo, Danai. "The disparities arising in the policing of consumptive and non-consumptive marine activities." Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1383.
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The South African marine environment is utilised for both consumptive and non-consumptive activities and for those activities to continue sustainably it is important that these activities be monitored and policed. South Africa's environmental legislation is structured to do just that; outlining specific regulations for all consumptive and non-consumptive activities that can be conducted in the marine environment. Some disparities have been observed regarding the policing of consumptive and non-consumptive marine activities, and these disparities were analysed by means of several case studies and semi-structured key informant interviews. Case studies covered both consumptive (abalone poaching and Illegal, Unreported and Unregulated fishing) and non-consumptive activities (the sardine run and tiger shark diving) currently being conduct in the marine environment. Key informant interviews collected opinions from legal practitioners who felt that the legislation was solid but poorly implemented; and non-consumptive operators who felt that the legislation was implemented in a way that made it difficult for non-consumptive and ecotourism activities to thrive. The poor implementation has resulted in a situation which seems to promote consumptive crimes instead of curbing them.
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Ririnui, Teneti, and n/a. "The recognition of Maori customary fisheries in New Zealand�s fisheries management regime : a case study of taiapure." University of Otago. Department of Geography, 1997. http://adt.otago.ac.nz./public/adt-NZDU20070530.143237.
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The Treaty of Waitangi specifically recognises the rights of Maori to control and manage their fisheries resources. However, since the imposition of fisheries legislation in New Zealand, this right has been consistently eroded. It is only recently that Maori customary fisheries rights have been given a degree of recognition in New Zealand�s fisheries management regime.
The taiapure provisions of the Fisheries Act 1996 are one of the few policy initiatives available for Maori to manage their fisheries resources in accordance with their customary tikanga. This study examines the effectiveness of the taiapure legislation in providing for Maori customary fisheries management. The Maketu taiapure in the Bay of Plenty is studied to analyse the implementation of the initiative at the local level.
The study has found that there are limitations inherent in the legislation and that these are further complicated by inadequacies in its implementation. Recommendations regarding the size, management and establishment process, are made at the conclusion of the study to highlight the amendments needed for the taiapure provisions to properly recognise and provide for the role of Maori, as Treaty partners, in the management of their local fisheries.
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Chozin, Muhammad. "Illegal but common life of blast fishermen in the Spermode Archipelago, South Sulawesi, Indonesia /." Ohio : Ohio University, 2008. http://www.ohiolink.edu/etd/view.cgi?ohiou1213299684.
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Martin, Lindsay. "Fisheries management, fishing rights and redistribution within the commercial chokka squid fishery of South Africa." Thesis, Rhodes University, 2005. http://hdl.handle.net/10962/d1007500.
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The objective of this thesis is to analyse the management and redistribution policies implemented in the South African squid industry. This is done within the broader context of fisheries policies that have been implemented within the South African fishing industry as the squid industry has developed. The study therefore has an institutional basis, which reviews the development of institutional mechanisms as they have evolved to deal fisheries management problems. These mechanisms (which can either be formal or informal) consist of committees, laws and constitutions that have developed as society has progressed. Probably the most prominent of these, in terms of current fisheries policy, is the Marine Living Resources Act (MLRA) of 1998. The broad policy prescription of the MLRA basically advocates the sustainable utilisation of marine resources while outlining the need to restructure the fishing industry to address historical imbalances and to achieve equity. It is this broad objective that this thesis applies to the squid fishery. The primary means of achieving the above objective, within the squid industry, has been through the reallocation of permit rights. These rights also provide the primary means by which effort is managed. A disruption in the rights allocation process therefore has implications for resource management as well. Permits rights can be described as a form of use right or propertY right. These rights are structured according to their operational-level characteristics, or rules. Changing these rules can thus affect the efficiency or flexibility of a rights based system. This is important because initial reallocation of rights, by the Department of Environmental Affairs and Tourism (DEAT), was based on an incomplete set of rights. This partly led to the failure of early redistribution attempts resulting in a "paper permit" market. Nevertheless, this thesis argues that redistribution attempts were based on ill-defined criteria that contributed to the failure described above. In addition to this the method through which redistribution was attempted is also questionable. This can be described as a weak redistribution strategy that did not account for all equity criteria (i.e. factors like capital ownership, employment or relative income levels). This thesis thus recommends, among other things, that an incentive based rights system be adopted and that the design of this system correctly caters of the operational-level rules mentioned above. In addition to this a strong redistribution, based on fishing capital, ownership, income and the transfer of skills, should be implemented.KMBT_363
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Mbane, Nontuthuzelo Nosisa. "The South African marine fisheries policy since 1994." Thesis, Cape Technikon, 2004. http://hdl.handle.net/20.500.11838/1664.
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Dissertation (MTech( Public Management))--Cape Technikon, Cape Town, 2004Marine resources play a major role in sustaining the economy and social development of the nation and contribute to national economy, to employment and security of the local community. The South African fisheries management was conducted largel)' with political default. This denied most fishers access to marine resources. Since the democratic election of 1994, the government was left with the challenge to re-allocate rights in a way that would ensure that the under-presentation of historical disadvantaged individuals (HDl's) in the fishing industry would be corrected. The laws and regulations related to marine fisheries were also revised. The Marine Living Resources Act, No. 18 of 1998 attempted transformation in the fishing industry but lacked clear guidelines which led to litigation and crises in the fishing industry as many fishers were unhappy with the whole process. Marine fisheries policy was established and published in 1997 to address those historical imbalances by introducing the fishing right system of allocating rights to represent the national demographics of the country. This report seeks to describe the theory of the South African fishing industry, policy developments and the current status of permit allocation in South Africa. It will also examine the effectiveness in the implementation of the marine fisheries policy for South Africa. It will focus on the distribution of marine resources for commercial fishing purposes.
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Mather, Diarmid John. "Fishing rights, redistribution and policy : the South African commercial T.A.C. fisheries." Thesis, Rhodes University, 2005. http://hdl.handle.net/10962/d1007531.
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The main objective of this thesis is to provide an analysis of the economic logic behind fisheries policy and redistribution in South African. An examination of the institutional and organizational evolution reveals that South African fisheries policy followed the world trend in the movement toward quota management systems. However, it is argued that due to the peculiarities of the Apartheid political system, South Africa developed a unique and persistent structure of individual fishing rights that resulted in a transfer of power from the fisher to monopsonistic, and subsequently vertically integrated, fish processing companies. Problems, however, arose with the need to redistribute fishing rights to previously repressed racial groups. It is proposed that, within a specific form (TAC), the structure of individual fishing rights can be decomposed into four operational rules, namely, the right of participation, asset size, tradability and duration of term. Policy design is restricted to a feasible set of rules that impact on the flexibility of the system, the incentives facing private fishing companies and fishers, the efficiency of the fisheries management plan and finally the effect it has on a redistribution strategy. Within this analytical framework, South Africa's policy yields a very flexible system favourable to monopsonistic industrial organisation. However, by adding a redistribution constraint, this structure has a number of important effects. First, as new quota holders are added the information costs for effective fisheries management increase exponentially. Second, the transaction costs to private fishing companies are increased. Third, only the resource rent is redistributed (weak redistribution). Next, the micro to small vessel fisheries, the medium vessel fisheries and the large vessel fisheries are examined separately. The major aim is to determine, within the available data, the effect that a weak redistribution policy (redistribution of the resource rent), has on strong redistribution (redistribution of fishing capital and skills). The evidence definitely supports the analytical framework and suggests that fundamentally the structure of individual fishing rights, which evolved in response to a monopsonistic industrial organisation during the apartheid era in South Africa, works against strong redistribution. Also, that different fisheries face different constraints and that these should in certain instances be treated separately.
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Mackenzie, Bernard Louis. "An assessment of the shore baitfishery in the Eastern Cape." Thesis, Rhodes University, 2005. http://eprints.ru.ac.za/165/.
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Portela, Rafael Davis. "Pescadores na Bahia do Século XIX." reponame:Repositório Institucional da UFBA, 2012. http://www.repositorio.ufba.br/ri/handle/ri/11626.
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CNPq
Busquei nesta dissertação contribuir para a superação de uma importante lacuna da historiografia brasileira, que pouco produziu sobre os trabalhadores do mar. Tratei aqui dos pescadores da Bahia, na segunda metade do século XIX. O trabalho foi dividido em três partes. No primeiro capítulo, discuto o contexto e os objetivos da criação da Capitania dos Portos, e as consequências disso para os pescadores. Problematizo a questão das matrículas dos pescadores, diretamente ligadas às novas estratégias de recrutamento de mão de obra para a Marinha de guerra, e as estratégias e opções deles para escapar do serviço. No segundo capítulo procuro traçar um perfil dos pescadores baianos através de documentos da capitania, censos, listas eleitorais, inventários etc, e trago o caso de Francisco Xavier de Santana, pescador da povoação do Rio Vermelho, que por alguns anos teve que driblar uma série de ataques e sabotagens a ele dirigidas para poder fazer sua pescaria com redes. Durante a análise dos sentidos do caso, procuro entender lógicas das relações entre pescadores, suas articulações políticas e redes de amizade e solidariedade. O capítulo final cuida de conflitos no mar ligados à questão dos territórios marítimos. De como os pescadores instituem divisões territoriais no mar, por eles mesmos continuamente disputadas e transgredidas. Trago a luta da capitania em fazer valer leis que nem sempre estavam de acordo com os costumes e/ou interesses de alguns pescadores e a oposição entre duas concepções distintas acerca do direito ao uso e controle de “partes” específicas do mar. In this thesis I contribute to overcome a relevant shortcoming of Brazilian historiography, which produced little about sea workers. The subject of this study are the fishermen of Bahia, in the second half of the nineteenth century. The work is divided into three parts. In the first chapter, I bring the context and objectives of the creation of the Capitania dos Portos [Port Captaincy], and the consequences of that to fishermen. I discuss the fisherman enrollment policy, directly linked to new strategies for recruiting manpower for the Marinha de Guerra [Navy], and the strategies and options to avoid the mandatory service. In the second chapter I draw a profile of Bahian fishermen through documents of the captaincy, censuses, electoral lists, inventories etc, and bring up Francisco Xavier de Santana's case, a fisherman from a village called Rio Vermelho, who for some years had to overcome a series of attacks and sabotages made against him in order to be able to keep on doing his fishing with fishnets. In the analysis of this case, I establish the relations among the fishermen and their friendship, solidarity and political networks. The final chapter is dedicated to the sea conflicts linked to issues concerning maritime territories. It explains how the fishermen used to establish territorial divisions at sea that were sistematically contested and transgressed by themselves. I hereby present the effort of the captaincy to enforce laws that weren't always in accordance to the customs and/or interests of some fishermen, and also the contrast between two different perspectives towards the right to use and to control specific "parts" of the sea.
Salvador
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Rolim, Fernanda Andreoli. "Effects of no-take marine reserves on fish assemblages in Brazil : an assessment using stereo-videos /." Rio Claro, 2019. http://hdl.handle.net/11449/182582.
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Orientador: Otto Bismarck Fazzano GadigAbstract: The establishment of no-take marine reserves (NTRs), i.e. areas with total fishing restrictions, has been an alternative worldwide aiming to preserve both biodiversity and ecosystem functions. Brazil has important NTRs with few studies describing their relevance and efficiency for marine life. With this, the central objective of this thesis was to evaluate the effects of NTRs on fish assemblage, testing the hypothesis that the differences in richness, abundance, biomass and fish body size is more explained by protection status than environmental characteristics. Thus, innovative techniques in Brazil, Baited Remote Underwater stereo-Videos (stereo-BRUVs) and Diver Operated stereo-Videos (stereo-DOVs) were tested in the Southwestern Atlantic, comparing with traditional visual census (stationary point count and belt transects), and used to analyze the effects of the Tupinambás Ecological Station and Abrolhos Marine National Park on fish assemblages. For this, fish assemblage characteristics, such as richness, abundance, biomass and body size, were compared to areas where fishing is allowed, and the habitat complexity was estimated through the footages. Concerning methods comparison, stereo-DOV showed to be more effective, sampling more richness and abundance within less effort, and Stereo-BRUVs showed to sample a very specific assemblage, comprised mostly by mobile and large bodied fish species, usually targeted by fisheries. Within both NTRs evaluated, target species characteri... (Complete abstract click electronic access below)
Resumo: O estabelecimento de reservas marinhas de restrição total (No-take reserves - NTRs), ou seja, áreas com proibição total de pesca, tem sido uma alternativa mundial para preservar a biodiversidade e as funções dos ecossistemas. O Brasil tem importantes NTRs com poucos estudos descrevendo sua relevância e eficiência para a vida marinha. Com isso, o objetivo central desta tese foi avaliar os efeitos de NTRs em assembleias de peixes, testando a hipótese de que as diferenças em riqueza, abundância, biomassa e tamanho corporal dos peixes são mais explicadas pelo status de proteção do que por características ambientais. Para tanto, técnicas inovadoras no Brasil, estéreo-vídeos subaquáticos com isca (Baited Remote Underwater stereo-Videos - stereo-BRUVs) e estéreo-vídeos operados por mergulhador (Diver Operated stereo-Videos - stereo-DOVs) foram testados no Atlântico Sudoeste, comparando com os censos visuais tradicionalmente aplicados (estacionário e transecto), e utilizados para analisar os efeitos da Estação Ecológica Tupinambás e do Parque Nacional Marinho dos Abrolhos nas assembleias de peixes. Para isso, as características das assembleias de peixes em termos de riqueza, biomassa, abundância e tamanho corpóreo, foram comparadas com as áreas onde a pesca é permitida, e a complexidade do habitat foi estimada através das imagens. Em relação à comparação dos métodos, o estéreo-DOV apresentou maior eficiência, amostrando mais riqueza e abundância com menor esforço, e o estéreo-BRUV am... (Resumo completo, clicar acesso eletrônico abaixo)
Doutor
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Du, Plessis J. R. "The law of culpable homicide in South Africa : with reference to the law of manslaughter in English law and the law related to negligent killing in German law." Thesis, Rhodes University, 1987. http://hdl.handle.net/10962/d1003185.
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Culpable homicide is the unlawful negligent killing of a fellow human being. As such it is in many respects a 'residual' crime being the verdict prosecutors may expect when they are unable to prove the intention to kill when prosecuting for murder. A feature of this was that in the past when defences such as, for instance, intoxication or provocation were raised at murder trials, convictions of culpable homicide were almost automatic. In recent years, under the influence of the 'purist' current in our Criminal law, intoxication has become a defence to culpable homicide and provocation resulting in loss of self-control has also become a defence to culpable homicide. These developments are unacceptable to some writers on criminal law and a move away from the purist approach to the 'traditional' or pragmatic approach is to be expected. Greater emphasis will be placed on practical results than on the achievement of logical consistency. This could result in the law of culpable homicide becoming more socially effective than it is at present.
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Wasileski, Gabriela. "Labor law transformation and the rule of law the Czech and Slovak Republics, 1993-2005 /." Access to citation, abstract and download form provided by ProQuest Information and Learning Company; downloadable PDF file, 100 p, 2007. http://proquest.umi.com/pqdweb?did=1303296061&sid=10&Fmt=2&clientId=8331&RQT=309&VName=PQD.
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Hightower, Rudy L. "Oceanic sovereignty and the law of the sea : fishery-based conflicts." Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 1997. http://handle.dtic.mil/100.2/ADA333975.
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Thesis (M.A. in National Security Affairs) Naval Postgraduate School, June 1997.Thesis advisors, Rodney Kennedy-Minott, Mary P. Callahan. Includes bibliographical references (p. 123-126). Also available online.
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Leander, L. H. "Liberty, democracy and legislation : law against the powerless." Thesis, Brunel University, 1991. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.292563.
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Tuerk, Alexander Heinrich. "The concept of legislation in European Community law." Thesis, King's College London (University of London), 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.415269.
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Hermida, Julian. "Legal basis for a national space legislation." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=84212.
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The purpose of this thesis is to propose the fundamental regulatory policy basis for a future domestic legislation governing private space activities in those States where their industry has or aspires to have a preponderant role in the pursuit of space activities and which have not yet crafted their national space regulatory framework. This study is based on the premises that the international legal framework governing space activities provides the fundamental basis for national space legislations and that the legislative experience of the countries which have adopted a domestic space legal scenario presents a useful model for delineating the principal basis of national legislation for those countries without specific national regulatory framework. The proposal is analyzed in light of Law Reform and participatory theory, conceived as a multifold dynamic process, requiring a national effort based on high level of State and private sector participation.
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Nkomadu, Obinna Emmanuel. "Maritime piracy legislation for Nigeria." Thesis, Nelson Mandela University, 2017. http://hdl.handle.net/10948/14046.
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As a result of maritime piracy attacks in the Gulf of Guinea, especially in the West Africa sub-region, off the coast of Nigeria the researcher started carrying out research in 2014 on the laws pertaining to piracy. In this regard Nigeria does not have the legal framework to effectively address the threat of piracy off its coast but a Bill entitled: “Piracy and Other Unlawful Acts at Sea (and Other Related Offences) Act” has been forwarded to the Nigerian National Assembly in order to criminalise ‘piracy and other unlawful acts at sea’. For this reason, the researcher deems it necessary to examine the provisions of the Bill to determine whether it is adequate to address the threat of piracy or whether there is a need to reform or improve it. As a result of the research, it was revealed that the Bill will never achieve the purpose for which it was drafted as the legal framework on piracy of the Bill has many limitations which makes it easier for perpetrators to escape punishment. In order to achieve the goal of this Bill, the researcher deemed it necessary to contribute by drafting maritime piracy legislation for Nigeria that effectively addresses the threat of piracy off its coast, relying on the preparatory work for UNCLOS and other global, continental and regional instruments relevant to maritime piracy. Relied upon also are comparative analyses of piracy legal system of Anglophone African States and Nigerian legislation. This draft legislation amends the limitations of the Bill and is in accordance with legal notions of piracy which emerge from the combination of the principles of criminal and international law.
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Borg, Thomas. "The Relationship between EC-Law and Swedish Law regarding Competition and Labour Legislation." Thesis, Linköping University, Department of Management and Economics, 2001. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-901.
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According to § 2 of the swedish Competition Law it does not apply to agreements between employers and employees regarding salary and other working conditions. In the EC-treaty there is no such exception, but the European Court of Justice has established one. The purpose of this paper is to investigate if there are any differences between the two exceptions and, if so, how those differences effects the possibility to challenge swedish collective agreements from a competition law standpoint.
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Newton, Robert J. "Retroactive and retrospective legislation and the rule of law." Thesis, University of Ottawa (Canada), 1990. http://hdl.handle.net/10393/5817.
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Johnson, Taylon M. "Autism Policy: State and National Legislation Analysis." Scholarship @ Claremont, 2012. http://scholarship.claremont.edu/cmc_theses/278.
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This research thesis is a policy assessment of the factors that contribute to the current status in treating autism. The policy assessment begins with a description of the key components that that influence policy outcomes in regard to autism.
After developing a policy model that outlines various components of issues and approaches to the policy has on Autism, the paper examines several issues with regard to Autism policy, including the lack of insurance coverage, state legislation, waiting lists, evidence vs. non evidence treatments, and the high price for treatments. The paper also examines current approaches to Autism, and potential solutions. Solution analysis on current policy alternatives is provided and, this suggests that increasing knowledge and awareness of the affects of autism on society needs further attention along with proper funding for early treatment.
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Mueller-Fischler, Falco. "Assessing the impact of new Individual Vessel Quota legislation on the sustainability of the Peruvian anchoveta fishery." Thesis, Stockholms universitet, Kulturgeografiska institutionen, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-92528.
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The Peruvian anchoveta fishery was for nearly 60 years characterized by the unsustainable dynamics of open access resource pools. This thesis investigates whether the 2009 Peruvian Legislative Decree 1084 on Individual Vessel Quotas (IVQ's) is an effective response to the industrial overcapacity and race-to-fish problems that threatened the environment before its implementation. It employs Common-Pool Resource theory to assess the impact of the new IVQ scheme on collective dynamics, and Ribot and Peluso's access theory (2009) to elucidate evolving power relations in the fishery. In this framework, DL1084 is evaluated as a regulatory instrument, as a lens on fisheries governance in Peru, and as a source of insight into how environmental impact serves in developing regulations of natural resource exploitation. A triangulated mixed-method design is employed: (1) a two-stream literature review of fisheries management and of the fishery's political ecology; (2) a quantitative analysis of daily state-published landings reports; and (3) seven in-depth intensive interviews with key actors in the fishery, conducted in Peru over two field-trips of approximately 2 months in total. Results indicate that although IVQ's supported existing trends towards large-scale economic efficiency and altered extreme competitive strategies previously associated with open access, fishing companies have built larger ships, favour bigger catches and still concentrate fishing effort around a given annual peak. Meanwhile, capacity has again increased in the unregulated artisanal fishery sector. DL1084 appears to reflect a broader process of growing private sector involvement in managing the fishery, made official by its institutionalization of market self-regulation. Ultimately, it evidences deep structure and capacity limitations in the state's ability to govern marine resources. The law was nevertheless seen as a landmark for the environmental legal process in Peru and an opportunity for reform. This thesis suggests that studying such legislations can provide insight into state identity and the evolving relationship between a nation and its geography.Durante casi 60 años, la pesquería peruana de anchoveta estaba caracterizada por las dinámicas insostenibles de la explotación de recursos de propiedad común en situación de acceso abierto. Esta tesis investiga si el Decreto Legislativo Peruano 1084 (DL1084) sobre Límites Máximos de Captura por Embarcación (LMCE) es una respuesta efectiva a los problemas de sobrecapacidad industrial y de carrera por el recurso que amenazaban el ambiente antes de su aplicación en 2009. Se basa en la teoría de los Recursos de Propiedad Común (Common-Pool Resource theory) para evaluar el impacto del nuevo modelo de gestión por LMCE sobre las dinámicas colectivas, y en la teoría del Acceso de Ribot y Peluso (2009) para trazar la evolución de las relaciones de poder en la pesquería. En este marco, el DL1084 es evaluado como herramienta regulatoria, como lente sobre la gobernanza pesquera en el Perú y como reflejo del proceso por el cual el impacto ambiental sirve como base para el desarrollo de regulaciones sobre el acceso a recursos naturales. Sigue un diseño triangulado de métodos combinados: (1) una revisión de literatura en dos ramas de la gestión de pesquería como campo general y de la ecología política de la pesquería de anchoveta; (2) un análisis cuantitativo de los informes diarios de desembarques publicados por el estado (IMARPE); y (3) siete entrevistas intensivas de fondo con actores claves en la pesquería, realizadas en Perú durante dos visitas de aproximadamente dos meses en total. Los resultados indican que a pesar de que los LMCE soportaron una tendencia existente hacia una eficiencia económica de mayor escala y alteraron las estrategias competitivas extremas asociadas con el acceso abierto, las empresas pesqueras han construido embarcaciones más grandes, favorecen capturas de mayor tamaño y todavía concentran su esfuerzo pesquero alrededor de un pico anual de abundancia. En paralelo, ha aumentado la capacidad de captura en el sector artesanal, el cual no cuenta con límites de captura. El DL1084 aparece como parte de un proceso más general de creciente involucramiento del sector privado en el manejo de la pesquería, haciéndolo oficial por su misma institucionalización de la autorregulación del mercado. Por último, pone en evidencia profundas limitaciones de estructura y de capacidad en el estado en cuanto a cómo gobierna los recursos marinos. La ley ha sin embargo sido vista como un precedente importante para el proceso legislativo ambiental en el Perú así como una oportunidad para impulsar otras reformas. Esta tesis sugiere que el estudio de tales legislaciones puede ofrecer una mirada sobre los procesos de formación de la identidad de un estado y sobre la evolución de la relación entre una nación y su geografía.
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Coxon, Benedict Francis. "Interpretive provisions in human rights legislation : a comparative analysis." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:d0a5ddca-9293-4204-b22b-417cdf829464.
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This thesis considers interpretive provisions in human rights legislation in the United Kingdom (UK), New Zealand and two Australian jurisdictions: the Australian Capital Territory and the State of Victoria. It deals with the relationship between certain common law interpretive principles which protect human rights and the rules under the interpretive provisions. It also considers what effect the interpretive provisions have on the overall approach to statutory interpretation, particularly in terms of their impact on the roles of intention and purpose. One of the themes of the thesis is that it is possible to identify a common methodology for the application of the various interpretive provisions. This is facilitated by an emphasis on the concept of purpose, which is flexible and capable of being identified and applied at higher levels of abstraction than the concept of intention as commonly applied by the courts. Despite this common methodology, the results of attempts at legislative rights-consistent interpretation in the relevant jurisdictions differ. We shall see that the UK courts have taken a broader interpretive approach than have their New Zealand and Australian counterparts. This will be explained by reference to the respective contexts of the human rights legislation in each jurisdiction, particularly in terms of legislative history. It will be argued that the purpose of the UK legislation to provide remedies in domestic courts for breaches of the European Convention on Human Rights provides the basis for the UK courts’ approach. The absence of this factor is the primary point of distinction between the UK on the one hand, and New Zealand and Australia on the other, though other issues will be explored. Finally, while as a matter of the interpretation of the UK legislation, and especially of the relevant interpretive provision, the approach of the UK courts is defensible, the significant risk to the principle of legal certainty which it poses will be highlighted.
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Jovanovich, Juan Martʹin. "Customs valuation and transfer pricing : is it possible to harmonize customs and tax rules?" Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31165.
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There is an overlap between the transfer pricing concepts that apply under tax and under customs regimes. This thesis aims to demonstrate (i) that customs and tax laws often share common principles in respect of related-party transactions; (ii) that transfer pricing as agreed to under one discipline should be recognized under the other; (iii) that the OECD Transfer Pricing Guidelines constitute a body of rules that is appropriate to supplement the related party provisions of the GATT/WTO Valuation Code ("GVC"); and (iv) that such guidelines are generally in accordance with the provisions of the GVC and its general principles and objectives. This thesis also analyzes the tax and customs value of imported goods, and identifies which additions to or deductions from customs value might have to be taken into account in comparing tax and customs results. The thesis concludes with an analysis of the circumstances and conditions under which the introduction of transfer pricing compensatory adjustments to transaction value would be consistent with Article 1 of the GVC.
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Ital, Eric Guy. "Copyright law and the Internet : in modern South African law." Thesis, Stellenbosch : Stellenbosch University, 2000. http://hdl.handle.net/10019.1/51666.
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Thesis (LLM)--University of Stellenbosch, 2000.ENGLISH ABSTRACT: The Internet is coming more and more into focus of national and international legislation. Especially with regard to copyright law, the rapid growth of the Internet, its global character, its novel technical applications and its private and commercial use by millions of people makes the control over a work complicated and raises copyright problems all over the world. Present legislation is therefore challenged to avoid gaps in the law. Considering the rapid growth of online providers and users in South Africa, it is likely that copyright disputes with regard to the Internet will evolve here soon. In this dissertation, the "world" of the Internet and its lawfulness with regard to existing South African copyright law will be examined. The examination tries to establish whether South African copyright law is able to cope with the present Internet problems and whether it leads to reasonable results. The first chapter of this dissertation will give an overview of the basic principles of the Internet, including the history, development and function of the Internet. Furthermore the changing aspects by means of diqital technology will be discussed. Because the global character of the Internet lead to "international" infringements, governments are considering the prospect of reaching international accord on the protection of intellectual property in the digital era. In chapter two, the present international harmonisation of copyright law will be introduced. Especially the quick adoption of the World Intellectual Property Organisation Treaties in December 1996 demonstrated that an international realisation for a call for action is existing. In chapter three, the application of South African copyright law with regard to the Internet will be discussed. First, it will be examined if a digital work on the Internet is protected in the same way as a "traditional" work. Second, the various rights of the copyright holder are discussed in connection with the use of a work on the Internet. Third, the potential application of the exclusive rights of the copyright holder to various actions on the Internet, such as caching, Web linking and operating an online service will be discussed. The Internet is a worldwide entity, and, as such, copyright infringement on this system is an international problem. The scenario of global, simultaneous exploitation of works on the Internet conflicts sharply with the current system of international copyright protection, which is firmly based on national copyright laws with territorial effects. Section four provides therefore an overview of the applicable law on an international net and analyses the necessity and borders of protection.
AFRIKAANSE OPSOMMING: Nasionale en internasionale wetgewing fokus in In toenemende mate op die Internet. Die versnelde groei van die Internet, sy wêreldkarakter, sy nuwe tegnologiese aanwendings en sy private en kommersiële gebruik deur miljoene mense maak beheer oor In werk baie gekompliseerd en skep veral outeursregprobleme regoor die wêreld. Wetgewing soos dit tans is, word dus uitgedaag om die leemtes in die reg te ondervang. Gegewe die vinnige groei van gekoppelde verskaffers en gebruikers in Suid-Afrika, is dit waarskynlik dat - outeursreggeskille met betrekking tot die Internet binnekort ook hier gaan ontwikkel. In hierdie verhandeling gaan die "wêreld" van die Internet en sy wettigheid onder bestaande Suid-Afrikaanse outeursregwetgewing ondersoek word. In die ondersoek word gepoog om vas te stelof Suid-Afrikaanse outeursregwetgewing geskik is om die Internetprobieme wat tans bestaan te hanteer en of dit lei tot aanvaarbare resultate. Die eerste hoofstuk van die verhandeling sal In oorsig gee van die basiese beginsels van die Internet, insluitende die geskiedenis, ontwikkeling en funksie van die Internet. Verder sal die veranderende aspekte as gevolg van digitale tegnologie bespreek word. Die wêreldkarakter van die Internet gee aanleiding tot "internasionale" inbreukmakings en om hierdie rede oorweeg regerings die moontlikheid van internasionale ooreenkomste oor die beskerming van intellektuele eiendom in die digitale era. In hoofstuk twee word die bestaande internasionale harmonisering van outeursreg bespreek. Veral die vinnige aanname van die World Intellectual Property Organisation se verdrae in Desember 1996, illustreer dat daar In internasionale bewustheid is dat iets in die verband gedoen moet word. In die derde hoofstuk word die aanwending van die Suid-Afrikaanse outeursreg met betrekking tot die Internet bespreek. Eerstens word ondersoek of a digitale werk op die Internet op dieselfde wyse as 'n "tradisionele" werk beskerm kan word. Tweedens word die verskillende regte van die outeursreghebbende in verband met die gebruik van 'n werk op die Internet, bespreek. Derdens word die potensiële aanwending van die eksklusiewe regte van die outeursreghebbende op verskillende aksies op die Internet, soos byvoorbeeld kasberging, web koppeling en die werking van 'n gekoppelde diens, bespreek. Die Internet is 'n wêreldwye verskynsel en sodanig is outeursreginbreukmaking op hierdie stelsel 'n internasionale probleem. Die scenario van 'n wêreldwye, gelyktydige uitbuiting van werke op die Internet is in skerp konflik met die huidige stelsel van internasionale outeursregbeskerming wat stewig gegrond is op nasionale wetgewing met territoriale werking. Hoofstuk vier bied daarom 'n oorsig oor die toepaslike reg op 'n internasionale netwerk en analiseer die nodigheid en ook grense van beskerming.
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Koch, Carolina Augusta. "The right to a view : common law, legislation and the constitution." Thesis, Stellenbosch : Stellenbosch University, 2012. http://hdl.handle.net/10019.1/71650.
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Thesis (LLD)--Stellenbosch University, 2012.Includes bibliography
ENGLISH ABSTRACT: South African law does not recognise an inherent right to the existing, unobstructed view from a property. Nevertheless, seemingly in disregard of this general principle, property owners often attempt to protect such views and courts sometimes in fact grant orders that provide such protection. This dissertation aims to establish whether South African law does indeed not acknowledge a right to a view and whether there are any exceptions to the general rule against the recognition of the right to a view. The principle that the existing view from a property is not an inherent property right is rooted in Roman and Roman-Dutch law. This principle was received in early South African case law. Inconsistency in the application of the principle in recent case law renders its development uncertain. An analysis of recent decisions shows that the view from a property is sometimes protected in terms of servitudes or similar devices, or by virtue of legislation. In other instances, property owners attempt to prevent the erection of a neighbouring building that will interfere with their existing views, based either on a substantive right or an administrative shortcoming. When the protection of view is based on a limited real right (servitudes or similar devices) or legislation, it is generally effective and permanent. Conversely, when it is founded on a substantive right to prevent building on neighbouring land or an administrative irregularity rendering a neighbouring building objectionable, the protection is indirect and temporary. A comparative study confirms that the position regarding the protection of view is similar in English and Dutch law. Constitutional analysis in terms of the methodology developed by the Constitutional Court in FNB indicates that cases where view is protected are not in conflict with section 25(1) of the Constitution of the Republic of South Africa, 1996. The investigation concludes with an evaluation of policy considerations which show that the position with regard to a right to a view in South African law is rooted in legitimate policy rationales.
AFRIKAANSE OPSOMMING: 'n Inherente reg op die bestaande, onbelemmerde uitsig vanaf 'n eiendom word nie deur die Suid-Afrikaanse reg erken nie. Desnieteenstaande poog eienaars dikwels om die uitsig vanaf hul eiendomme te beskerm en soms staan die howe bevele tot dien effekte toe. Dit skep die indruk dat die Suid-Afrikaanse reg wel die bestaande uitsig vanaf 'n eiendom as 'n inherente eiendomsreg erken of dat sodanige uitsig minstens onder sekere omstandighede beskerm kan word. Hierdie verhandeling het ten doel om onsekerhede betreffende die algemene beginsel oor 'n reg op uitsig uit die weg te ruim en om lig te werp op gevalle waar 'n onbelemmerde uitsig wel beskerm word. Die Romeinse en Romeins-Hollandse reg het nie 'n reg op uitsig erken nie. Hierdie posisie is deur vroeë regspraak in die Suid-Afrikaanse regstelsel opgeneem. 'n Ondersoek na latere Suid-Afrikaanse regspraak toon egter aan dat howe wel onder sekere omstandighede, skynbaar strydig met die gemeenregtelike beginsel, beskerming aan die onbelemmerde uitsig vanaf eiendomme verleen. 'n Eerste kategorie sake behels gevalle waar die uitsig vanaf 'n eiendom deur 'n beperkte saaklike reg, in die vorm van 'n serwituut of 'n soortgelyke maatreël, of ingevolge wetgewing beskerm word. In 'n tweede kategorie sake word die beskerming van 'n uitsig deur middel van 'n aanval op die goedkeuring van 'n buureienaar se bouplanne bewerkstellig. Sodanige aanval kan óf op 'n substantiewe reg óf op 'n administratiewe tekortkoming berus. Die onderskeie kategorieë verskil wat betref die doelmatigheid en omvang van die beskerming wat verleen word. 'n Saaklike reg of wetgewing verleen meestal effektiewe en permanente beskerming. Hierteenoor het 'n aanval op die goedkeuring van 'n buureienaar se bouplanne hoogstens indirekte en tydelike beskerming van die uitsig tot gevolg. Regsvergelyking bevestig dat die Engelse en Nederlandse reg die Suid-Afrikaanse posisie ten opsigte van'n reg op uitsig tot 'n groot mate eggo. Grondwetlike analise aan die hand van die FNB-metodologie dui daarop dat die gevalle waar uitsig wel beskerming geniet nie strydig is met artikel 25(1) van die Grondwet van die Republiek van Suid-Afrika, 1996 nie. Bowendien regverdig beleidsgronde die behoud van die huidige beginsel in die Suid-Afrikaanse reg.
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Harrison, Peter. "A theory of legislation from a systems perspective /." Canberra, 2006. http://erl.canberra.edu.au/public/adt-AUC20081204.115715/index.html.
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Miller, Kristina Claire. "An evaluation of "work-life" legislation in South Africa." Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/4514.
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Tiry, Zaahira. "Political parties in South African law." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1012414.
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This dissertation is a literature study of the legal regime of political parties in post-apartheid South Africa. A constitutional perspective is adopted throughout the study in order to confine the topic to the realm of South African law. Hence, the focus of the study is to identify legal rights contained in chapter two of the Constitution and to also identify other provisions of the Constitution that have a bearing on political parties. As mentioned in the conclusion, section 19 of the Constitution, set the scene for the development of this study. An analysis of the constitutional provisions highlighted in this study, case law and present legislation dealing with political parties reveals that there is a need for comparative research and the adoption of adequate legislation to regulate the functioning of political parties in South Africa. It is submitted that the regulation of parties by statute is required to ensure a just political order whereby the functioning of political parties is in line with the Constitution.
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Tremblay, Michel 1955 Feb 27. "The legal status of military aircraft in international law /." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=81237.
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Since the beginning of the history of aviation, the use of aircraft for military purposes revealed an efficient and dangerous weapon in the arsenal of a State. First it was used as observatory post, and then the aircraft took a more active role in combat until it became a destructive and deadly weapon. The definition of military aircraft in international law is not clear as States only wish to regulate international civil air navigation and not state aircraft. On the other hand, the Law of armed conflict defines the status of every aircraft with their respective duties and rights in the conduct of hostilities. The interception of civil aircraft by military aircraft shall be done in accordance with the international standards adopted by the International Civil Aviation Organization in virtue of the Chicago Convention and it's limited to determine the identity of the aircraft. The use of deadly force against civilian aircraft in flight is equivalent of pronouncing the death sentence of its occupants without the hearing of a trial. Respecting the international standards of interception of civil aircraft is a necessity.
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Chen, Yifu, and 陈一孚. "The compatibility of patent law and traditional Chinese medicine." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2013. http://hub.hku.hk/bib/B50533964.
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Traditional Chinese Medicine (TCM) is a medical system with a unique medical philosophy that continues to guide the contemporary turning out of new pharmaceutical formulae. The clinically-proved effective components of these formulae are being extracted by means of modern technology. Natural Chinese medicines account for approximately 30% of the global sales volume of all medicines, and the international market-size of the TCM industry is increasing rapidly. The TCM industry depends on the patent protection of the results of its R&D no less than does any other industry. However, the patent examination guidelines of many important jurisdictions are hostile to the granting of patents to TCM products and processes. This is partly attributable to the vast differences between the philosophies of TCM and Western medicine, and to the imperfect understanding in many jurisdictions (particularly where Western Medicine is dominant) of the former. To this considerable degree, patent law fails to accommodate the TCM industry. Consequently, the TCM inventor will be left open to the depredations of the ‘free-rider’ phenomenon, the circumstance in which the inventor loses the benefits of his invention, and his investment in it, to a purloiner. The research examines the compatibilities between patent law and TCM, and argues that patent policy shall be adjusted to better accommodate the characteristics of TCM. Other forms of IPR protection are also discussed in comparison with patent with the purpose of illustrating the significance of patent in protecting TCM inventions.published_or_final_version
Law
Doctoral
Doctor of Philosophy
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Keyes, John Mark. "Judicial review of delegated legislation the rule of law and the law of rules." Thesis, University of Ottawa (Canada), 1985. http://hdl.handle.net/10393/5029.
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Waters, Ian Benjamin. "Australian conciliar legislation prior to the 1917 Code of Canon Law: A comparative study with similar conciliar legislation in Great Britain, Ireland, and North America." Thesis, University of Ottawa (Canada), 1990. http://hdl.handle.net/10393/5997.
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Hsu, Selene M. "Evaluating U.S. and E.U. Competition and Supremacy Legislation." Scholarship @ Claremont, 2015. http://scholarship.claremont.edu/scripps_theses/583.
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How did EU and US legislation go from initially appearing to be the same, if not mirroring each other, to differing significantly in their execution of competition legislation goals? Why did the US take a more authoritative tone in enforcing interstate competition legislation? And if the EU is so inclined to mimic US policies 50 years ago, why didn’t their competition enforcement take the same form today? I hypothesize that the US and EU’s legislative history with regulating governmental supremacy is part of the clue to answering for these differences.
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Wong, Man-him, and 黃文謙. "Government's role in information technology: a case study of the deregulation of the Hong Kong telephone services." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1985. http://hub.hku.hk/bib/B31974648.
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Cook, Laura L. "A Lean Six Sigma framework for designing legislation." Thesis, California State University, Dominguez Hills, 2016. http://pqdtopen.proquest.com/#viewpdf?dispub=10020180.
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Legislation design methods currently employed by individual California state legislators allow defects to be built into the bills that eventually become laws. A dearth of consistent performance measures for legislation makes it difficult to quantify the magnitude of the problem. There is evidence, however, that defective legislation causes legislative rework, amendments, repeals, human suffering, and economic loss.
Individual legislators need a repeatable and data-focused process to prevent and correct legislative defects before they are submitted to the California State Legislature. This thesis presents an adapted Lean Six Sigma (LSS) framework to be used by individual legislators for investigating societal problems and designing legislative solutions. An analysis of the literature has identified LSS areas that need to be adapted for a legislative environment. Use of the framework by individual legislators is expected to generate evidence-based legislation with customized solutions and performance measures that can deliver maximum value to citizens.
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Al, Saedan Ahmad A. K. "The law governing oil concession agreements and the permanent sovereignty of states over their natural resources : with special reference to Islamic Shari'ah law." Phd thesis, Faculty of Law, 1992. http://hdl.handle.net/2123/8638.
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