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Dissertations / Theses on the topic 'Jurisdictional issues'
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1
Dykstra, Kathryn. "Jurisdictional issues raised by e-commerce." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ60049.pdf.
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Joosten, Johann. "Combating cyber money laundering: selected jurisdictional issues." Thesis, University of the Western Cape, 2010. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_2570_1363012160.
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Williams, Sarah Jane. "Hybrid and internationalized criminal tribunals : jurisdictional issues." Thesis, Durham University, 2009. http://etheses.dur.ac.uk/38/.
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In recent years a number of criminal tribunals have been established to investigate, prosecute and try individuals accused of serious violations of international humanitarian law and international human rights. These tribunals have been described as 'hybrid' or 'internationalised' tribunals as their structure and applicable law consist of both international and national elements. Six such tribunals are currently in operation: the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia, Regulation 64 panels in Kosovo, the War Crimes Chamber for Bosnia and Herzegovina, the Iraqi High Tribunal and the Special Tribunal for Lebanon. The key aims of this thesis are: to examine the increasing role of hybrid and internationalised judicial institutions in prosecuting international crimes; to outline the basic features of the existing and proposed hybrid or internationalized tribunals; to define and categorise the tribunals; to determine the jurisdictional basis of each tribunal; to analyze how the jurisdictional basis affects other issues, such as the applicable law, the application of amnesties and immunities and the relationship of these tribunals with the host state, third states, national courts and other international criminal tribunals.
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Márton, Edina [Verfasser]. "Violations of Personality Rights through the Internet: Jurisdictional Issues under European Law / Edina Márton." Baden-Baden : Nomos Verlagsgesellschaft mbH & Co. KG, 2016. http://d-nb.info/1106337093/34.
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Kohl, Uta, and n/a. "An analytical framework on regulatory competence over online activity." University of Canberra. Law, 2002. http://erl.canberra.edu.au./public/adt-AUC20050509.105817.
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This thesis examines the application of traditional jurisdictional doctrines to
online activity. It analyses not only to what extent, and why, the Internet
challenges existing principles allocating regulatory competence, but the
factors which shape, and must shape, the regulatory responses to these
challenges, in an attempt to create an analytical framework within which the
search for viable solutions can begin.
The overarching argument made in this thesis is that the keys to viable future
Internet regulation are deeply embedded in past and present regulation and
that we cannot simply look for the most efficient legal solutions, regardless of
how they fit within existing laws. This would be inconsistent with the law's
basic function to answer the need for certainty and predictability. Building
upon this fundamental premise, it is further argued, and shown, that an
understanding of the public law - private law dichotomy within the existing
jurisdictional framework, as well as its deeply entrenched status, is essential
for appreciating the severity of the jurisdictional problems caused by the
Internet and actual and likely regulatory responses to them. It is argued that
this explains why both sets of rules have consistently accommodated
transnational online activity differently, giving rise to different problems -
problems which ultimately touch upon fundamental legal notions, such as
formal justice, the rule of law or obedience to law which cannot but set further
outer parameters of the search for solutions to the jurisdictional problems
triggered by the Internet.
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Slevinsky, Richard A. "Current issues in Alberta's francophone school jurisdictions, educational leaders' understandings." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp05/nq23072.pdf.
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Pang, Ho Yin Michael. "Ethical conducts, issues and concerns for arbitrators & engineers in common law jurisdiction." access abstract and table of contents access full-text, 2007. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b22446138a.pdf.
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Thesis (M.A.)--City University of Hong Kong, 2007."Arbitration and dispute resolution thesis, submitted in partial fulfillment of the degree for Master of Arts in arbitration and dispute resolution, LW 6409 & LW 6409A." Title from PDF t.p. (viewed on Apr. 1, 2008) Includes bibliographical references.
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Mabtue, Kamga Mireille. "Terrorism and International Criminal Court : the issue of subject matter jurisdiction." Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/26659.
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Terrorism is not a new threat to the international order but it is a threat that has grown more urgent in the last few years. Terrorism has become a tragic circumstance of everyday live and has caused a remarkable loss of lives. It was only after the terrorist attacks against the United States on September 11 2001, that the international community realised it needed to co-operate and take actions against terrorism on an international level. One response has been the adoption of international rules for the suppression and eradication of terrorism and terrorist activities and making accountable the perpetrators of such acts. In fact, the contingent character of ad hoc tribunals encourages states to carry out their idea of establishing a permanent penal jurisdiction. The establishment of the International Criminal Court is considered a crowning achievement for preventing and prosecuting abominable crimes. The jurisdiction of the court shall be limited to the most serious crimes of concern to the international community as a whole; this includes crime of genocide, crimes against humanity, war crimes and eventually crime of aggression. However disagreement over a definition of what constitutes terrorist activity made it impossible to include within the jurisdiction of the Court such serious crime named terrorism. There have been multiple approaches to the issue, but despite all efforts to pursue individuals who committed human rights violations, the ICC’s subject matter jurisdiction is limited since the international community could not reach to a consensual definition on what should be understood as terrorism. Consequently the Court does not have jurisdiction over international terrorism. There is therefore no standing, permanent international body with criminal jurisdiction over individuals accused of terrorist acts, although such acts may in extreme case fall within the rubric of crime against humanity. The various instruments and international directives dedicated to the eradication and suppression of terrorism have not resolved the impasse of its definition; nor is there any ‘unified’ international law approach to combating terrorism.Dissertation (LLM)--University of Pretoria, 2011.
Public Law
unrestricted
9
Picinini, Joel. "O controle jurisdicional dos atos políticos." reponame:Biblioteca Digital de Teses e Dissertações da UFRGS, 2012. http://hdl.handle.net/10183/152775.
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O presente trabalho examina a questão dos limites da intervenção judicial sobre os atos políticos. Para tanto, parte de um apanhado histórico que abrange o desenvolvimento da political questions doctrine junto à Suprema Corte dos Estados Unidos e da teoria dos actes de gouvernment junto ao Conselho de Estado francês, até chegar ao Brasil. Após, examina como o Supremo Tribunal Federal vem enfrentando o tema ao longo dos anos, fazendo uso de três questões pontuais, quais sejam, o controle dos atos administrativos discricionários, a participação do Poder Judiciário na definição e implementação das políticas públicas e o controle jurisdicional dos processos político-disciplinares. Ao final, esboça uma solução em que se define a amplitude da atividade política do Estado e traça os limites das esferas de atribuições dos poderes do Estado, fiel ao disposto pelas normas constitucionais.The current paper examines the field of the limits of the judicial intervention in political decisions. To do it so, it starts with a historical overview that covers the development of the 'political questions doctrine' by the United States Supreme Court and the 'actes de gouvernment' theory by the French State Council, until it arrived in Brazil. After, examines how the Brazilian Supreme Court has been deciding the matter throughout the years, using three punctual questions, namely, the control of discretionary administrative acts, the participation of the Judiciary in the definition and implementation of public policies and the jurisdictional control in political-disciplinary cases. In the end, suggests a solution that defines the amplitude of the political activity by the State and indicates the limits of attributions of the State powers, faithful to the dispositions of the Constitution.
10
Draf, Oliver. "Selected issues of private international law and of contracts on the Internet." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ64271.pdf.
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Alfaro, Luis. "The abandonment issue of the imprescriptible pretensions." Pontificia Universidad Católica del Perú, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/115806.
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In this article, the issue around abandonment in judicial proceedings (Procedural abandonment) related with the imprescriptible pretensions will be analyzed, with a special mention to those relative to the right to property. The issue discussed in the National Jurisdictional Plenary of Civil Law and Civil Procedure of 2016 will be criticized. The true issue to be solved is revealed, it’s the one related to the imprescriptible pretensions as case of inappropriateness of abandonment. It raises reasons that put in question the normative provision that links the procedural abandonment with those pretensions. Precisely because of the lack of strong arguments to justify the relation, a necessary legislative amendment is proposed.En el presente artículo se analiza el problema del abandono en los procesos judiciales relacionados con las pretensiones imprescriptibles, con una especial mención de aquellas relativas al derecho de propiedad. Se critica la cuestión analizada en el Pleno Jurisdiccional Nacional Civil y Procesal Civil de 2016 sobre el particular. Se pone de manifiesto que la verdadera cuestión a resolverse es la referida a las pretensiones imprescriptibles como supuestos de improcedencia de abandono. Se expone razones que ponen en entredicho la disposición normativa que vincula el abandono procesal con dichas pretensiones. Justamente por la falta de argumentos fuertes que justifiquen tal relación, se propone (delege ferenda) su necesaria enmienda legislativa.
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Theophile, Sugira. "Analysis of legal issues arising from the principle of concurrent domestic and international jurisdiction : application to the Rwandan context." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/13008.
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Includes bibliographical references.In international criminal law, the application of the principle of concurrent jurisdiction necessitates the existence of two types of Courts: a national court and an international one. As a result of the uniqueness of the Rwandan context, there were more courts hearing matters that arose from the genocide.6 In Rwanda, such cases are tried by ‘conventional courts’ and the ‘Gacaca’ courts. Gacaca is defined as a system of transitional participative community justice, whereby the population is given the chance to speak about the committed atrocities, to prosecute, defend, judge and punish the criminals. The conventional courts are divided into ordinary courts and military courts. All these courts have the jurisdiction to prosecute genocide cases. Genocide cases were therefore heard in three different courts domestically but in concurrence with International Criminal Tribunal for Rwanda (ICTR). As a result of the particular context of the Rwandan Genocide of 1994, particular issues arise and will be explored in this study.
13
Tsai, Yu-Man, and 蔡玉滿. "The Pivotal Factors of Inter-Jurisdictional Issues for Successful Cooperation among Local Governments." Thesis, 2006. http://ndltd.ncl.edu.tw/handle/97731498465102620950.
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碩士國立成功大學
都市計劃學系碩博士班
94
There has not had any regional government in Taiwan yet. However, some of city and county governments have already realized there are advantages in forming a regional unit and undergoing an inter-jurisdictional cooperation for the benefits of regional development. Consequently, various forums of local governments were launched, such as the forum of Kaohsiung City, Kaohsiung Country and Pitung Country (FKKP). Other forums can be set up and restricted for a single purpose. Each of the final results of the cases discussed in the forums can be identified as success or failure. The purpose of the paper is to find out what the key variables are in affecting the cases to be successfully carried out. The sample of the study comes from the cases discussed in FKKP. In addition to referring to the literatures and examples about regional cooperation, we also rely on the essence of the game theory to propose 20 explanatory variables by which a binary logit model is constructed. The regression result shows that the variable of appealing to the central government will reduce the probability of success for the case. The variables of benefits to two or three governments will increase it. Thus the forum should focus on cases which can produce mutual benefits and can be coped with by themselves. It should avoid cases which need financial aids or other types of support from the central government.
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Kalwahali, Kakule. "The crimes committed by UN peacekeepers in Africa: a reflection on jurisdictional and accountability issues." Thesis, 2013. http://hdl.handle.net/10500/9950.
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This thesis investigates both substantive and procedural issues pertaining to allegations of crimes committed by UN peacekeepers in three African countries, Somalia, Burundi, and the Democratic Republic of Congo. Under the current UN Model Status-of-Forces Agreements, criminal jurisdiction over peacekeepers rests with their sending States. However, although the UN has no criminal jurisdiction, it has been the Office of Internal Oversight Services that has conducted investigations. It is argued that every Status of Force Agreement and every Memorandum of Understanding should contain specific clauses obligating Troop-Contributing Countries to prosecute and the UN to follow-up.
If rape, murder, assault, and any other crimes by UN peacekeepers go unpunished, the message sent to the victims is that peacekeepers are above the law. Rape is the most commonly committed crime by peacekeepers, but is usually considered as an isolated act. The procedural issue of prosecuting peacekeepers is investigated in order to establish whether troops can be caught under the ambits of the criminal law of the Host State to hold UN troops criminally accountable for their acts. The laws relative to the elements of each crime and the possible available defences under the three Host States, and the criminal law of South Africa as a Troop-Contributing Country, are discussed. The apparent lack of prosecution is investigated and existing cases of prosecution discussed. Alternatives to the unwillingness by States with criminal jurisdiction under the Status of Forces Agreement or under the Memorandum of Understanding are considered. Considering the current rules related to crimes committed by peacekeepers, the argument put forward is that crimes by peacekeepers must be dealt with completely and transparently though a Convention aiming at barring Troop-Contributing Countries who do not meet their obligations under international law from participating in future operations of peace.
This thesis, furthermore, suggests a tripartite court mechanism to fill the lacunae in the law relating to the prosecution of peacekeepers. It considers the issues of reserving jurisdiction over peacekeepers to the Troop-Contributing Countries which are reluctant to prosecute repatriated alleged perpetrators. The victims’ importance in criminal proceedings and their their right to a remedy are highlighted.Criminal & Procedural Law
LL.D.
15
Chiao, Hsin-Yi, and 喬心怡. "Research on the jurisdictional issues of foreign electronic commercial sale contract -- focus on internet contract of sale." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/24520676418702637166.
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Fan, Hsiang-Yao, and 范相堯. "A study on the role of assertions made by Taiwanfrom the perspective of jurisdictional issues in the South China Sea Arbitration." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/9e23h2.
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碩士國立臺灣海洋大學
海洋法律研究所
106
On 22 January 2013, the Republic of Philippines initiated the case "The South China Sea Arbitration" against People’s Republic of China under the UN Convention on the Law of the Sea to the Permanent Court of Arbitration (PCA). On 12 July 2016, the PCA has issued the "Award." Although Republic of China (as Taiwan) is not even a party in the case, however it was still involved. The Philippines sought a ruling on against claims to historic rights within Nine-dash Line (U-Shaped Line) and the legal status of Itu Aba (Taiping Island), biggest feature in Spratly Islands. During the proceedings, assertions made by Taiwan and the unique status of ROC have been noticed by PCA and the Philippines, thereby the roles and effects of assertions made by Taiwan, are valued for study. The thesis will introduce the Case, the Submissions made by the Philippines, relevant basis and issue on international law in Chapter 2 and 3. Thereinafter, the assertions and claims on U-shaped Line, historic rights, Itu Aba made by Taiwan, the Philippines and the finds made by the Tribunal will be discussed in Chapter 4 and 5. In chapter 6, the thesis will discuss the roles and effects of the assertions made by Taiwan, in accordance with the change of the assertions thereafter made by DPP government and the possible effects. The conclusion will be brought in Chapter 7.
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Chan, Chun-Hung, and 詹駿鴻. "A study on Jurisdiction Issues over Maritime Litigation." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/41009738793245570492.
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博士國立臺灣海洋大學
海洋法律研究所
101
Abstract In maritime litigation practice, whether the case is accepted by a court of competent jurisdiction has always been to act the attention to the lawyers. Also, the trial judge, can not avoid this question. As Canadian scholar William Tetley writes: In fact, suing in the wrong court or tribunal is one of the three “disturbing” nightmares of the claimant’s attorneys, the other two being suing out of time and suing the wrong defendant(s). Defendants’ attorneys, on the other hand, consider the three plaintiffs’ nightmares, in particular wrong jurisdiction, to be the most “pleasant of dreams” This thesis is starting with the point of view of comparative law, introducing the maritime jurisdiction problems. Subsequently, with reference to the relevant international conventions, domestic regulations, case studies and comparative legislation, this thesis points out the core issues in the maritime jurisdiction problems. The main purpose of this thesis is to analysis the considerations which judges need to concern in jurisdictional disputes, and use those considerations to check the domestic cases. Finally, the conclusion presents a substantial proposal for the legislation and modification of both the Taiwanese Maritime and Admiralty Laws. Hope this can make some contributions to solve the jurisdictional controversy in maritime litigation in Taiwan.
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Xu, Yunmei. "Measuring Change in Jurisdiction Achievement over Time: Equating Issues in Current International Assessment Programs." Thesis, 2009. http://hdl.handle.net/1807/19168.
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Policymakers expect international educational assessments to report credible national and international changes in student achievement over time. However, international assessment projects face great methodological challenges to creating comparable scores across jurisdictions and time points, fundamentally because jurisdictions vary in many aspects of curriculum and curriculum change as well as in the patterns of students’ test-taking behaviour. Using data from the Second IEA Mathematics Study (SIMS), the study reported in this dissertation addresses the potential impact of the different equating methodologies used in current international assessments on the accurate estimates of change in jurisdiction achievement over time. The results of the study demonstrate that the different equating methodologies implemented through the Item Response Theory (IRT) models currently used in international assessments may be of limited use in estimating change in jurisdiction achievement over time. This is because the international assessment data violate the IRT model assumptions, in particular the unidimensionality assumption. In addition, the estimation of jurisdiction results based on a common international scale may potentially distort the results of those jurisdictions that have levels of student achievement that are much lower or higher than most other participating jurisdictions. The findings of this study have important implications for researchers as well as policy makers.
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葉力君. "The Concurrent Jurisdiction of Maritime Law Enforcement - Focus on the Case Study of Taiwan-Japan Conflict Issues." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/rz4x4m.
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碩士中央警察大學
水上警察研究所
99
Since the system of Exclusive Economic Zone was established, each State competes to claim expansions of jurisdiction at sea to pursue ocean interests. Due to neighboring factor, there are overlapping areas between Taiwan’s and Japan’s claimed “EEZ”. Taiwan government ratified “the First Set of Provisional Law Enforcement Lines in the Exclusive Economic Zone of the Republic of China” on November 7th, 2003. In order to prevent conflict between Taiwan and Japan, measures to strengthen fishery patrol have been taken with a view to self-control of fishing vessels not crossing the Lines. On September 13th, 2009, Taiwan fishing vessel named “Formosa Chief No.2” was suspected to fish in the Territorial Sea of Japan, and Japan Coast Guard cutter started a hot pursuit to the vessel. The incident leads to a conflict between Taiwanese and Japanese law enforcement forces. Explaining the State jurisdiction, analyzing legal points of similar cases and observing international practices, this study generalizes the principles for Taiwan government to conducts fishery conflicts in Taiwan-Japan disputed waters. Finally, it also proposes concrete suggestions to the maritime law enforcement authority. During the research process, the coastal State’s right of hot pursuit and its derived issue of concurrent jurisdiction is stressed. This study also tries to discuss the completion and the effects of a hot pursuit, as well as the validity and the influences when the flag State intervenes a hot pursuit.
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WU, PEI－SHAN, and 吳佩珊. "The best interests of the child principle about transnational parental guardian issues-with analysis of the decision of international judicial jurisdiction." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/93naa8.
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碩士輔仁大學
法律學系
102
As the time marches on, cross-country interaction becomes inevitable. In addition to the political, cultural and economic aspects, transnational marriages become more common than ever. However, facing the issue of high divorce rate nowadays, the transnational divorced couples not only have to deal with the distribution of their common properties, alimony, but also the most unsettling issue of all, the custody of their children. From the previous years, the famous cases of the Brazilian little boy Yi-Hua, Wu and the Taiwanese American little girl Emily were all just the tip of the iceberg. To decide which parent will be granted with the custody of the child depends on the best interest of the child principle. This essay will base off from this and discuss every stage of the international private laws. There are mainly three parts in this essay. To start with, how to put the best interest of the child principle into practice will be thoroughly discussed, as it is now the governing legal standard for determining child custody cases in many countries around the world. It is especially noteworthy that the matter can be not only domestic, but also a foreign one. If the discussion is only made domestically, it is insufficient to cope with the transnational custody issues. Therefore, this essay will further peek into how America and Japan interpret the best interest of the child principle compared to Taiwan. It will also cover how the principle was carried out in the international laws, including the UN Convention on the Rights of the Child in 1989, the Hague Conference on Private International Law in1980, the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children in 1996, and the new Brussels II Regulation in 2003. Through organizing the purposes, structures, main contents of those international laws, a discovery was made that Taiwan’s parallel thinking of the best interest of the child relies only on the relationship between the parent and the child, which is insufficient and the authorities should take more aspects into consideration. The second part focuses on the methodology of direct international jurisdiction. On this subject, whether to adoptdirect application, apply by analogy, or decide direct international jurisdiction after applicable law is adopted on judicial practice, is hard to review from the point of the international conventions. Besides, it is more appropriate to take a setting life for a minor and their habitual residence into consideration for the direct international jurisdiction. The last part of the essay mainly addresses the choice of the applicable law. This essay uses the parental authority as the criterion to re-examine whether using the traditional black-letter conflict rule as an assumed connecting factor to the foreign fairs will carry out justice and fairness. From there, this essay adopts the “habitual residence” from the Hague Conference on Private International Law as the new connecting factor for the choice of applicable law and discusses the “methodology of substantive law” with expectation to make individual cases concur with the best interest of children.
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Su, I.-Ying, and 蘇怡穎. "A Study on the Critical Issues to Trade Secret Protection in Practice-Focusing on Elements, Non-Competition Agreement and Jurisdiction Disputes." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/k9q8n5.
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碩士國立高雄第一科技大學
科技法律研究所
103
As technology progresses, information exchange becomes faster and more convenient by which the global economy also develops prosperously as well as the competition among industries becomes more furious. Hence, trade secret is considered critical for companies to keep advantages in competition in their industries. Also the protection of trade secret is strongly emphasized by every company and country. This thesis aims to explore the critical issues to trade secret in practice .First of all, regarding the protection content in trade secret, how to judge whether the information such as customer list, product price and other controversial information belong to trade secrete or not is worthy of discussion. According to the judicial opinions both in our country and America, it is considered that customer list or information shall contain specific information of customer which could not be obtained from “publicly available sources”; with regards to product price, the research suggested that it shall be considered concretely by reviewing each case to see whether it is a standard price regardless who requests for quotation or there is a different way of quote or price strategy for various clients. About rationality of maintaining secrecy, there has not been a consistent understanding from judicial practice as well as no standard way of judgment. The research suggested that a company shall assess the cost for the strategy of secrecy maintenance adopted according to its business scope and properties and review whether objectively it truly helps to protect trade secret to the extent that people could not easily access through normal measures. About the non-competence clause after resignation, as it involves the protection of fundamental right of both employer and employee, the content shall comply with the standard of rationality review. As for the concrete content of rationality review standard, it will be explored with the reference of relative regulations and judicial practice of America. As international litigation have been increasing in recent years, when there is an positive conflict of jurisdiction, it could be solved via the principle of prosecution suspension or the principle of forum non conveniens. The application rule of the principle of forum non conveniens could be one factor to be considered when a trade secret owner is managing trade secret. This thesis aims to explore the critical issues to trade secret in practice as mentioned above and arrange relative understandings in judicial practice domestically and internationally as well as provide personal suggestion for the expectation that this would be a reference for trade secret owners upon facing relative questions in practice operation of trade secret.
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Chou, Chien-cheng, and 周建誠. "The Research of the Issue Regarding Taipei County Being Promoted to Municipality Directly under the Jurisdiction of the Central Government." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/87006811432715044096.
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碩士南華大學
公共行政與政策研究所
97
After experiencing the democratic transition process such as adjustment of administrative districts, streamlining of the provincial government, etc, Taiwan''s local self-government and system are now facing a drastic change. According to the Local Government Act amended in 2007, 2008 and 2009, especially the amendment of Article 4 of the Act, the organizational structure, functions and the distribution of centrally allocated tax revenues of special municipalities are applicable mutatis mutandis to the local governments under direct provincial jurisdiction which have a population of over two million, among which, the organizational structure, staff employment allocation by title, rank and grade, as well as and financial resources are the most important. At present, many cities and counties in Taiwan are looking forward to being promoted or annexed into special municipalities. However, owing to the existing organizational structure, staff employment allocation, and the distribution of financial resources are concentrated on special municipalities. As a result, the development of local governments under direct provincial jurisdiction is far behind the special municipalities in various aspects including public services, welfare measures, quality of public works etc., which gives the local governments the feelings of "one country, two systems" and unfairness. Therefore, how to make an adjustment in Taiwan’s urban development is a matter of great urgency. Taipei is currently the only local government under direct provincial jurisdiction to which the relevant provisions for special municipalities are applicable. This article hopes to make a comparison between the situations before and after Taipei County''s being promoted to be a special municipality from the aspects of legal system, politics, and finance, and further to use the comparison results as a background and basis for SWOT analysis. Three policies are formulated for the future development: the promotion of Taipei County alone, the annexation and promotion of Taipei County, Taipei City and Keelung City, and the annexation and promotion of Taipei City and Taipei County.
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Chiasson, Frédérique. "L'homologation et l'entérinement des ententes issues de processus de règlement amiable des litiges administratifs." Thèse, 2011. http://hdl.handle.net/1866/6171.
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Cette étude aborde les questionnements relatifs à l’homologation et à l’entérinement d’une entente de règlement amiable conclue dans le cadre des processus de médiation ou de conciliation administrative. L’étude vise d’abord à clarifier les concepts en définissant précisément la terminologie privilégiée. La mise en œuvre des demandes est ensuite analysée au regard de la compétence des tribunaux administratifs et de celle des tribunaux de droit commun à l’égard d’un accord de conciliation ou d’une transaction conclu dans le cadre d’un litige administratif. Les formalités relatives à la présentation de la demande sont exposées. Les tests de conformité à la loi et à l’ordre public sont ensuite circonscrits pour terminer par un examen des conséquences de l’homologation ou de l’entérinement de l’entente sur les recours ultérieurs possibles tels que le recours en révision administrative ou le recours en révision judiciaire.This study examines the homologation or approval of a settlement agreement reached under administrative mediation or conciliation. The first part aims to clarify the concepts by defining the preferred terminology in a comprehensive way. The implementation of these applications is then analyzed according to the jurisdiction of administrative tribunals and courts of law with respect to a conciliation agreement or a transaction concluded under administrative proceedings. The formalities relating to the submission of the demand are exposed. The tests for compliance with the law and with public order are then circumscribed to complete with an examination of the consequences of the agreement on eventual remedies, as administrative review or judicial review.
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Van, Walleghem Dawn G. "Implementation of the YOA in Ontario : a study of issues arising from the split jurisdiction for young offenders between the Ministry of Community and Social Services and the Ministry of Correctional Services." 1993. http://hdl.handle.net/1993/9741.
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Berte, Tandjaman Abiba Grace. "L'UEMOA : la cohabitation des juridictions intervenant dans la résolution des conflits issus des investissements internationaux." Thesis, 2020. http://hdl.handle.net/1866/24445.
Full textAbstract:
Les traditions culturelles et l’histoire commune des états membres de l’UEMOA ont été des facteurs clé de leur rapprochement dans divers domaines. En effet, la monnaie commune de ces différents pays a permis d’instaurer les fondements d’un droit commun des investissements, et une zone de coopération fondée sur une profonde solidarité . Ceci devait se faire, à travers la reconnaissance de la liberté de circulation des capitaux dans le traité du 12 mai 1962 instituant l’UMOA qu’ils s’étaient engagés à transformer en Union Économique et Monétaire Ouest-Africaine . Au fil du temps, le développement du droit communautaire en Afrique de l’Ouest a évolué et couvert un large champ qui s’étend désormais aux investissements .
Les enjeux du Droit International des Investissements, en raison des exigences de la mondialisation des économies, ont contraint les États de l’espace UEMOA, importateurs de capitaux, à faire converger leur réglementation des investissements afin de favoriser leur attractivité et d’en tirer le meilleur parti . La difficulté d’un tel objectif réside d’une part, dans la nécessité d’arriver à̀ concilier leurs intérêts avec ceux des investisseurs ; qui ne sont pas toujours convergents et d’autre part, soulèvent certaines questions concernant le choix des juridictions compétentes et du droit applicable aux conventions d’investissements. L’Union n’a pas dérogé aux standards internationaux de protection des investissements qui existent pour les garanties procédurales . Elle a reconnu la pertinence de l’arbitrage comme principal mode de règlement des différends tout en réaffirmant le principe de la compétence des juridictions nationales et communautaires.
Dès lors, pour débattre « de la cohabitation des juridictions encadrant la résolution des conflits issus des investissements internationaux dans l’UEMOA » thème de l’étude que nous avons menée, nous avons suivi la démarche ci-après :
Au Chapitre I, nous avons présenté l’UEMOA dans toute sa composante.
Dans le Chapitre II, nous avons présenté les différents investissements au sein de l’UEMOA.
Quant au Chapitre III, il a porté des éclairages sur l’arbitrage au sein de l’UEMOA, l’un des principaux modes de résolution des conflits issus des investissements internationaux et traite de certaines sentences arbitrales sur des cas de conflits entre États membres de l’Union et des investisseurs.
Par ailleurs, le chapitre IV propose quelques analyses critiques sur la gestion des conflits. Enfin, le Chapitre V, fait état de nos analyses critiques et recommandations à l’effet d’apporter notre contribution pour l’amélioration de cette pratique importante et délicate pour l’Union.The cultural traditions and the common history of the UEMOA member states have been key factors in bringing them together in various fields. Indeed, the common currency of these different countries has made it possible to establish the foundations of a common investment law, and an area of cooperation based on deep solidarity. This was to be done, through the recognition of the freedom of movement of capital in the treaty of May 12, 1962 establishing the UEMOA which they had undertaken to transform into the West African Economic and Monetary Union. Over time, the development of community law in West Africa has evolved and covered a large field which now extends to and covered to investment. The challenges of International Investment Law, due to the requirements of the globalization of economies, have forced the WAEMU States, importers of capital, to converge their investment regulations in order to promote their attractiveness and draw better. The difficulty of such an objective lies, on the one hand, in the need to manage to reconcile their interests with those of investors ; which are not always convergent and on the other hand, raise certain questions concerning the choice of competent courts and the law applicable to investment agreements. The Union has not departed from the international investment protection standards that exist for procedural guarantees. It recognized the relevance of arbitration as a means of settling disputes while reaffirming the principle of the jurisdiction of national and Community courts. Therefore, to debate "the cohabitation of the jurisdictions framing the arbitration of conflicts arising from international investments in the UEMOA" theme of the study that we conducted, we followed the following approach : vi In Chapter I, we presented UEMOA in its entire component. In Chapter II, we presented the various investments within the UEMOA. As for Chapter III, it shed light on arbitration within the UEMOA and deals with certain arbitral awards on cases of conflicts between Member States of the Union and investors. In addition, Chapter IV offers some critical analyzes on conflict management. Finally, Chapter V presents our critical analyzes and recommendations to make our contribution to the improvement of this important and delicate practice for the Union.
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Jorai, Goolshan Sharma. "Harmonization of International Securities Markets Regulation: A Trade Perspective." Thesis, 2012. http://hdl.handle.net/1807/33257.
Full textAbstract:
Widespread cross-border securities trading have led to the internationalization of securities markets. No one seriously disputes that such securities dealings require regulation, but there is no academic consensus on the best normative approach to such regulation. The academic debate initially focused on whether regulatory competition or cooperation constitutes the better model. However, the debate seems to have evolved to adopt a hybrid model combining the virtues of these two approaches. ‘Harmonization’ constitutes the dominant hybrid model. Nevertheless, the implementation of the harmonization model has barely received any attention in the literature.
The aim of this thesis is hence two-fold: first, justify why harmonization should be the preferred model for the regulation of international securities markets; and second, develop, applying an international trade regulation perspective, a regulatory framework to implement the harmonization model using the World Trade Organization and General Agreement on Trade in Services (WTO/GATS) framework.
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Xobiso, Leonard. "The critical analysis of the role of the military police in crime prevention." Diss., 2018. http://hdl.handle.net/10500/24520.
Full textAbstract:
MPD is an entity within the SANDF responsible for maintaining law and order, prevent and combat crime, investigates criminal cases or alleged within the DoD. The role of the MPs has changed drastically over the past years especially after the integration of the non-statutory and statutory forces with all changes in crime growth increased in South Africa and affected the DoD. This led to the MPD shifting from disciplinary crime prevention issues to criminal crime prevention, as the basic mission of the police is to prevent crime and disorder.
MPs form part of the police agencies that are within South Africa, the uniqueness of the MPs they operating within the SANDF but they cannot be isolated from the complicated growing crime phenomenon that affects the whole South African community. As crime prevention is the catchphrase for all the police agencies and government departments, it is imperative for the MPs to align its crime prevention to the modern policing.
This study gives a comprehensive explanation of what crime prevention is, from the literature reviewed relevant to the study, with the aim to critically analyse the role of the MPs in crime prevention within the military proclaimed environment. The researcher collected data in the form of unstructured interviews, documents and literature. Collected data was transcribed; larger text was broken into smaller segments, coded and then selected into themes.
Participants had different views of the understanding of the meaning of crime prevention and different comprehension of the MPs crime prevention guideline and procedures. This analysis was done in order to determine the level of understanding of the role of the MPs, in crime prevention within the military proclaimed environment and how MPs can be effective and efficient within this environment.Police Practice
M. Tech. (Police Practice)