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Li, Gang [Verfasser], Stefania [Akademischer Betreuer] Travagnin, Mathias [Akademischer Betreuer] Rohe, Michael [Akademischer Betreuer] Lackner, and Mohammed [Gutachter] Nekroumi. "The Hui Muslims' Identity Negotiations : A Socio-Legal Investigation into the Relations between the Sharīʿa and the Chinese Legal Systems / Gang Li ; Gutachter: Mohammed Nekroumi ; Stefania Travagnin, Mathias Rohe, Michael Lackner." Erlangen : Friedrich-Alexander-Universität Erlangen-Nürnberg (FAU), 2021. http://d-nb.info/1239898568/34.
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Sorge, Keith M. "Legal implications of United States ballistic missile defense systems." Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=23967.
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Following the extensive use of ballistic missiles in the 1991 Persian Gulf War, there has been a renewed emphasis within the United States to develop and deploy anti-ballistic missile defenses.This thesis examines whether the current ballistic missile defense programs of the United States comply with the limitations imposed by the 1972 Anti-Ballistic Missile Treaty between the Soviet Union and the United States.
The thesis begins with a review of the development of ballistic missiles and the systems designed to defend against them. Next an analysis of the ABM Treaty is offered, including its differing interpretations. The Treaty's legal restrictions are then applied to current ABM defensive systems in various stages of research and development. The thesis concludes with an examination of the various lawful possibilities to modify the restrictive provision of the Treaty.
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Xiao, Zhiyue. "Legal aspects of trade and economic relations between the EEC and China." Thesis, King's College London (University of London), 1989. https://kclpure.kcl.ac.uk/portal/en/theses/legal-aspects-of-trade-and-economic-relations-between-the-eec-and-china(f246926a-e465-41c0-b7ac-4ea3d645019b).html.
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This thesis first examines the overall development of the EEC-China trade and economic relations. It then analyses the changing Chinese economy, the non-market economy theory, its application and implication in EEC-China bilateral trade relations. It is suggested that China is no longer a traditional NME after ten years of reform; its economy is in a transitional stage changing from an NME towards a mixed economy. The thesis then reviews the 1978 EEC-China trade agreement. It is found that this agreement provides a highly restrictive MFN treatment between the parties, because China is not a member of the GATT, and is classified as an NME. The thesis analyses the legal framework and problems under the 1978 agreement, and its nature and possible legal effect both in the Community legal system and in the Chinese legal system. It then goes on to look at the Community internal regulations which govern imports from China. The thesis also reviews the 1985 economic cooperation agreement between the EEC and China. It analyses the background and development of the agreement; the areas for cooperation and the investment clause. The cooperation agreement, it is submitted, is more an expression of political goodwill rather than a comprehensive economic cooperation framework such as the home convention. A particular area, namely, antidumping, is separately discussed. This is not only because China is one of the principal targets of the EEC antidumping proceedings, but also the EEC employs a special set of rules against imports from China, as well as other NIlE countries. Trade in textiles is also special interested. It consists of major European imports from China, and as such has a special legal regime. The analysis suggests that trade in textiles between the EEC and China has become more restrictive since 1979. Finally, both the impacts of a single market in 1992 and China's efforts to rejoin the GATF are discussed. It is suggested that the EC should continue to be committed to free trade in theory and more importantly in practice, and to remove existing restrictions on imports from China; whereas China should continue its economic reform and gradually open up its own market to the EC.
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Logie, André N. "Legal implications of mobile communication systems in Low Earth Orbits (LEOs)." Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=27458.
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The world of telecommunications has dramatically evolved these last few years. With the wind of liberalization blowing, private companies are playing a new role in an area where monopolistic public entities had always imposed their rules. New technologies are now opening broad perspectives which were even not forecast a few years ago. In only ten years, mobile communication systems have witnessed three different technologies and are now integrating the latest concept, satellite mobile communications called S-PCS (Satellite Personal Communication Systems, which is the faculty of being contacted at anytime, anywhere).New players are emerging from the United States and tend to impose their predominance to the world. With the award of a licence to operate by the Federal Communications Commission to them, three US companies have gained a headstart, which only one non-US company, Inmarsat ICO, seems capable to challenge. However, in order to achieve the global communications era of S-PCS, they will have to overcome implementation barriers such as the authorization to operate on a worldwide basis.
Countries are not ready yet to relinquish their sovereignty on telecommunications and each company will have to be licensed in each country to be able to provide their service.
If they can implement these new technologies, the new systems will definitely dominate the international mobile communication era for the next ten years.
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Hagedorn, Anselm C. "Between Moses and Plato : individual and society in Deuteronomy and ancient Greek law." Thesis, University of Oxford, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.365648.
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Kolbeck, Barbara. "Legal analysis on the relationship between the AU/AEC and RECs : Africa lost in a "spaghetti bowl" of legal relations?" Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/9613.
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Includes bibliographical references.In Africa, the regional trade agreements (RTAs) are commonly known as regional economic communities (RECs). Currently, fourteen regional economic communities operate on the African continent. However, in the quest for a more systematic approach to promoting "a strong and united Africa", only eight RECs were officially recognised and designated to serve as the essential building blocks towards the formation of the African Economic Community (AEC). Africa's continental community AEC is envisioned as the overall objective of the African regional integration process in the Abuja Treaty. The concept of the pursuit of sustainable development through RECs is not doubted in Africa. The Abuja Treaty proposed a gradual step-by-step approach where RECs play an important role during the first stages, but then have to lead "somehow" to one big coherent continental regional economic organisation – the overall goal of the African Economic Community. Neither the Abuja Treaty nor the Constitutive Act of the African Union (CAAU) includes concise provisions on how to establish the continental AEC. The relations between the different integration players, such as the AU, AEC and RECs, that exist now or should exist in the near future, are not defined legally. Until these "relational issues" are resolved, it seems difficult and even impossible to accelerate Africa's economic integration on the way towards the AEC. Thus, it is crucial for an accelerated integration process to discuss the scarce existing legal framework with its significant lacunas and develop solutions that allow filling in the legal blanks through the adoption of new treaties and amendments as well as protocols. The African continent with its multiple and overlapping RECs still looks like a "spaghetti bowl" instead of a "cannelloni". Thus, the question of rationalisation is still without definite answer.
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Kaiser, Stefan. "Legal implications of satellite based communication navigation and surveillance systems for civil aviation." Thesis, McGill University, 1990. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=22385.
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This thesis deals with the legal problems arising from the introduction of satellite based communication, navigation and surveillance systems for civil aviation. The technical innovations are asking for an international institutional implementation, which has not yet started.After a brief look at the technical aspects of the new systems (Chapter II), existing institutional arrangements of international satellite systems, air-navigation infrastructure and air traffic control are outlined (Chapter III). A legal analysis presents the obstacles and alternatives future institutional arrangements will be confronted with, and leads to a definition of the institutional problem (Chapter IV).
The core of the thesis is a proposal for regional intergovernmental organizations, which coordinate the operation of aeronautical satellite communications and air traffic control as an intermediary between the States and service providers (Chapter V). Among other problems financing, user charges, and liability are discussed. Legal problems of navigation systems are discussed on the base of the emerging global systems (Chapter VI).
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Zhao, Zhengmai. "Visualisation of semantic relations between nodes in hypertext-based learning systems." Thesis, Open University, 1994. http://oro.open.ac.uk/56455/.
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The research described in this thesis is concerned with the design of hypertext-based learning systems. More specifically, it is concerned with investigating the effects of visualising semantic relations between nodes on learning in hypertext-based learning systems. One of the most commonly cited problems with hypertext is the distraction that stems from the high level of learner control in hypertext systems. This might partly be responsible for the fact that there are few evaluations of hypertext in education which have shown the strength of hypertext over other media in terms of learning outcomes. In order to ease the problem of distraction so as to improve the application of hypertext in education, an approach employing visible link-types is proposed. It is hypothesised that labelling links explicitly with semantic relations between nodes can lower the learner's cognitive overheads in making navigational decisions so as to improve learning. It is also hypothesised that this kind of labelling can make the conceptual model of the knowledge domain intuitively clearer to the learner and thus facilitate learning. A set of three empirical studies has been conducted to evaluate the effectiveness of the proposed approach in different situations, using different methodologies. The results found from these studies demonstrate that visualisation of semantic relations between nodes has potential for improving the use of hypertext for learning.
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Addison, Henry 1955. "Consideration with regard to global navigation satellite systems (G.N.S.S.) of the establishment of a legal framework." Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=27441.
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Global Navigation Satellite Systems (GNSS) are a key technology underpinning the International Civil Aviation Organization's (ICAO's) communications, navigation, surveillance/air traffic management concept. The fact the de facto GNSS, the Global Positioning System (GPS) is a military system owned, operated and controlled by the United States raises many legal and institutional issues for civil aviation.This thesis will discuss the nature of GPS/GNSS as a global utility, ICAO's evolutionary path toward a civil GNSS (ie one independent from GPS) and trace the development of the institutional debate within ICAO. Reliance on navigation by GNSS in terms of the principle of State sovereignty over territorial airspace and the Chicago Convention will be considered. The three major institutional issues in respect of a GPS based GNSS (ie charging, non-discriminatory access and liability) will be examined.
This thesis will also examine past and present State practice in respect of radionavigation systems of an international character in considering whether a legal framework for GNSS is necessary, and if so what form it is likely to take. The conclusions reached on these issues will be summarised in the final chapter.
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Hayajneh, Abdelnaser Zeyad. "Civil liability for environmental damage : a comparative study between Jordanian and English legal systems." Thesis, University of Newcastle upon Tyne, 2004. http://hdl.handle.net/10443/3119.
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As environmental degradation continues to grow and presents fatal misfortunes to humankind and nature, efforts have been made to prevent and restore environmental damage as well as compensate its victims. A considerable debate was launched to discuss and figure out how this problem could be best handled. In the centre of this debate was the role of the law and its potential application to protect the environment and compensate victims of environmental damage. A critical question in this context was the role of civil liability. This thesis attempts to investigate the role and application of civil liability rules in environmental damage cases both in the UK and Jordan. The significance of this study lies in the fact that the UK is considered to be the mother of the common law system where courts play a crucial role in forming and revising the law, whereas Jordan follow the Latin or civil law system where the role of courts assimilates in applying the applicable law to cases brought before it. This thesis consists of six chapters through which, the issue of civil liability has been examined where environmental damage is in question. This analysis is made in the hope that it will reveal the different aspects of efficiency and deficiency attached to tort law when used to remediate environmental damage and compensate its victims. The thesis reveals that, civil liability as it stands now does not fit in an environmental context, and there will be an urgent need for reform whether in adapting traditional rules of civil liability to cope with the complications involved in environmental damage cases, or to abandon traditional civil liability rules, and introduce a liability regime to handle the issue of restoration and compensation in environmental damage cases.
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Cowie, John M. G. "Structure-property relations in polymer systems : collected publications between 1961 and 1983." Thesis, University of Edinburgh, 1985. http://hdl.handle.net/1842/14723.
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Van, Wijk Michael Carleton University Dissertation Law. "The fundamental freedom of education in the legal relations between the state and day schools in Ontario." Ottawa, 1994.
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Epelman, Marina A. 1973, and Robert M. Freund. "Pre-Conditioners and Relations between Different Measures of Conditioning for Conic Linear Systems." Massachusetts Institute of Technology, Operations Research Center, 2000. http://hdl.handle.net/1721.1/5360.
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In recent years, new and powerful research into "condition numbers" for convex optimization has been developed, aimed at capturing the intuitive notion of problem behavior. This research has been shown to be important in studying the efficiency of algorithms, including interior-point algorithms, for convex optimization as well as other behavioral characteristics of these problems such as problem geometry, deformation under data perturbation, etc. This paper studies measures of conditioning for a conic linear system of the form (FPd): Ax = b, x E Cx, whose data is d = (A, b). We present a new measure of conditioning, denoted pd, and we show implications of lid for problem geometry and algorithm complexity, and demonstrate that the value of = id is independent of the specific data representation of (FPd). We then prove certain relations among a variety of condition measures for (FPd), including ld, pad, Xd, and C(d). We discuss some drawbacks of using the condition number C(d) as the sole measure of conditioning of a conic linear system, and we then introduce the notion of a "pre-conditioner" for (FPd) which results in an equivalent formulation (FPj) of (FPd) with a better condition number C(d). We characterize the best such pre-conditioner and provide an algorithm for constructing an equivalent data instance d whose condition number C(d) is within a known factor of the best possible.
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SONA, FEDERICA. "NAVIGATING THE POLY-CENTRIC LEGAL ARCHIPELAGOES. A STUDY OF THE RELATIONS BETWEEN EUROPE AND ISLAM UNVEILING MUSLIM FAMILIES' ROUTES AMONGST THE ITALIAN AND BRITISH "LEGAL ISLAND"." Doctoral thesis, Università degli Studi di Milano, 2012. http://hdl.handle.net/2434/170940.
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In the XXI century, the relations between Europe and Islām remain problematic. Continuous debates on the Muslim presence in Western countries characterise the political discourses at domestic and international levels. In the EU, Muslims are somehow regarded as unpleasant guests. At the same time, foreign Muslims who enter Europe as reunited family members, are increasingly perceived as exploiting an ingenious legal stratagem to circumvent high migration barriers.
As scholarship anticipated in the late XX century, Muslims settled in Europe gradually began to develop an autochthonous legal culture. Contemporaneously to the reawakening of Islām, European Muslims built for themselves new identities and learned a way to navigate across diverse legal systems. As a result, nowadays an intricate web of unofficial and quasi official alternative Islamic/Muslim fora actively competes with the international, European, and domestic judiciary. Additionally, we can witness a dramatic increase in the the number of partly concealed alternative courses that can be potentially mapped by European Muslims within the European legal context.
Regardless of the relevance and implications of such competing administrative, legal and judicial structures, European national authorities and legal experts appear to be only partially conscious of these dynamics, and are experiencing difficulties in decoding all the European Muslims’ options. Accordingly, the relations between Islām and the West continue to be grounded on misunderstandings.
This study aims of being instrumental in properly perceive, understand and manage the XXI century European legal arena in regards of Muslim/Islām related issues, by challenging the traditional perspectives of analysis of the European Muslim presence. A shift of paradigm in approaching the legal field is thus suggested in order to untangle the post-modern geography of the current legal systems. Consequently, the European Muslims’ perception of the XXI legal scenario can eventually be revealed. The current legal framework is thus re-interpreted as a sea populated by “legal archipelagoes”. When adopting a European Muslim’s perspective, the “legal archipelagoes sea” assumes a poly-centric aspect and four typologies of legal systems are disclosed. These “legal islands” are then observed producing effects communally, sublocally, locally, nationally, globally, and glocally.
This thesis also delineates a pluralistic (fragmented, multi-centred and poly-centred) legal scenario through a critical re-evaluation of the historical contacts between Muslim communities and the countries object of the present study. The complex relations between Europe and Islām are explored employing Italy and the UK as case studies while focusing on pivotal key issues - such as political participation, domestic labour, ḥalāl food, religious guidance, religious education, cemeteries, worship centres, cultural memories of early Europe/Islam encounters, colonialism, immigration policies, and marriage dissolutions. This analysis sheds light on the reciprocal processes of accommodation currently enacted by Italian and British state authorities and by local Muslim communities.
In order to mediate amongst diverse legal cultures, in-depth comparative qualitative research has been undertaken, and an ad hoc comparative method has been developed and combined with multiple field analysis methods (interviews, questionnaires, document analysis and observation). European Muslims’ family routes were thus decoded as being the paramount target of the navigation process enacted within a sea of concurrent “legal islands”. Accordingly, a map of the possible navigation courses followed by European Muslim spouses and Islamically married partners is drawn, and the rationales behind their “forum shopping” are unveiled. Thanks to the contemporary poly-centric “legal archipelagoes” model, the reader is given sufficient familiarity to untangle and understand the European Muslim families’ sailing procedures across diverse legal cultures. The questing after answers in the past and in the domestic judicial procedures also elucidates that the legal, cultural, identitarian navigation process is not a peculiarity enacted by the XXI century European Muslims alone.
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Huseynov, Elshad. "Legal aspects of takeover defence tactics : a comparative analysis between the English and the US systems." Thesis, Institute of Advanced Legal Studies, 2017. http://sas-space.sas.ac.uk/6699/.
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The primary objective of this research is to make a critical analysis of the current methods of defences for preventing undue acquisitions of small to medium companies by large companies. Although these defences have been practised by the commercial community for a very long time, it is maintained that their effectiveness should still be questioned. The protection of the minority shareholders in a company is one of the reasons for using these defences but, in reality, either they are squeezed out or they themselves surrender to the acquiring company. Most of the published works tend to support the current defence tactics, but in this research an attempt has been made to demonstrate how these techniques have become rather ineffective and the means by which they may be strengthened. This research also demonstrates that from a societal standpoint the rationale behind acquisitions should be reviewed. As this process simply creates unemployment and most of the merged companies feel rather uncomfortable after acquisitions and mergers. The issue of the protection of the minority shareholders should be taken very seriously so that small shareholders may be encouraged to contribute to the capital formation process in small to medium size corporate entities. The protection of the minority shareholders should also be considered as a part of the concept of corporate social responsibility.
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Miron, Alina. "Le droit dérivé des organisations internationales de coopération dans les ordres juridiques internes." Thesis, Paris 10, 2014. http://www.theses.fr/2014PA100165/document.
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Le droit des organisations internationales a été le lieu d’une belle querelle d’école entre les détracteurs et les adeptes de la normativité relative. Il en va de même des rapports de systèmes, qui divisent la doctrine entre les monistes (en voie de disparition), les dualistes et les non-alignés. Aborder le thème du traitement du droit dérivé par les ordres juridiques internes c’est prendre le risque de s’égarer dans ces tourbillons doctrinaux. Si l’on accepte que le point de vue du juge interne est pertinent pour la détermination de la force normative du droit dérivé, on comprend que le premier débat semble dépassé : le juge admet que le droit institutionnel est du droit, qu’il soit obligatoire ou non. Se pose dès lors la question de la capacité de ce droit à être source de droits et obligations dans l’ordre interne. On remarque qu’à cette fin, l’ensemble des ordres juridiques examinés exige l’incorporation des actes institutionnels, mais aussi que les juges internes accordent de la place à des formes de reconnaissance des effets des actes institutionnels déconnectées de l’incorporation. Ces tendances convergentes démontrent à la fois que le clivage monisme/dualisme n’est pas décisif, mais aussi que la pensée dualiste ne reflète pas fidèlement les modalités d’interaction entre les ordres juridiques dans le monde pluraliste. La reconnaissance participe d’un principe de coordination et non pas de séparation des ordres juridiques, qui se prolonge par ailleurs dans les solutions aux conflits normatifs, ainsi que dans les modalités et les effets du contrôle, par les juges internes, des normes institutionnellesThe law of international organisations has been the theatre of passionate academic debate between the detractors and the disciples of the relative normativity. The same can be said about the relations between the legal orders, which divide the doctrine into monists, dualists and non-aligned. Analysing the topic of the place of institutional law in domestic legal orders is taking the risk of losing one’s way in these doctrinal whirls. If we take for granted that the point of view of the domestic judge is relevant for appreciating the normative force of institutional law, we may say that the first debate seems outdated : the domestic judge recognizes that the law produced by international organisations is law, whether is binding or not. The following question is to what extent the norms thus produced may be source of rights and obligations in the internal legal orders. The entire range of legal orders examined requires for institutional law to be incorporated for that purpose. The domestic judges leave nonetheless the door opened to other forms for taking into account some of the legal effects of institutional acts. These convergent tendencies show both that the monist/dualist divide is immaterial for the legal status of these acts and that the dualist doctrine does not accurately reflect the modalities of interaction between the legal systems in the world of pluralism. The recognition of unincorporated legal norms, which triggers consequences in terms of conflict of norms and judicial review of institutional law, stands in favour of a model of coordination and not of separation of the legal orders
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Hals, Carine. "Using Geographic Information Systems (GIS) to Analyze Possible Relations between School Choice and Segregation." Thesis, KTH, Geoinformatik, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:kth:diva-174343.
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In 1992, the Swedish education system was reformed and by that, school choice was introduced. The intention of the reform was that competition between schools would improve the level of education; however, the results among Swedish pupils have deteriorated and the differences between schools have increased since the introduction. This has caused much debate on school choice, and especially school choice in relation to socioeconomic background and segregation. This study examines whether GIS can be used to detect possible relations between the school choices, socioeconomic backgrounds and residential areas of pupils in Uppsala Municipality in Sweden. Most of the previously conducted research do not use GIS as a tool, despite the spatial aspect of this issue. By mapping the data, any geographical patterns can easier be detected, patterns which can be hard to observe in other data presentation methods such as tables or graphs. The school choices and the commuting pattern among pupils applying for preschool or year six have been visualized in relation to the social index of their corresponding living areas. Four areas and four schools have been selected as samples in order to evaluate the issue from the perspective of both the pupils and the schools. The results show that GIS is an effective way of presenting complex data and a useful tool for detecting geographical clusters. The differences in choices made by pupils of dissimilar social background can be visually detected by comparing the maps to each other. The preschool pupils tend to apply for the nearest schools, while some of the pupils applying for year six are willing to travel further distances in order to get to a more popular school or an area less socially vulnerable than their residential area. Furthermore, some deviant school choice patterns can easily be explained by examining the surrounding environment; the map can reveal for instance that the pupils had no other choice to make, that geographical obstructions such as water bodies or large streets act like separators or that the social index of a residential area perhaps do not match the affiliation felt by the inhabitants. Due to the complexity of school choice and segregation, a GIS might not be used alone for concluding on a relation between the two. However, it is a very useful tool for indicating occurrences of the phenomena and, most important, highlighting areas that are interesting for further investigation.År 1992 reformerades det svenska utbildningssystemet och med det implementerades det fria skolvalet. Avsikten med reformen var att konkurrensen mellan skolor skulle förbättra utbildningsnivån, dock har resultaten bland svenska elever försämrats och skillnaderna mellan skolor ökat sedan introduktionen. Detta har orsakat mycket debatt om skolval och speciellt skolval i förhållande till socioekonomisk bakgrund och segregation. Denna studie undersöker om GIS kan användas för att upptäcka eventuella sammanhang mellan skolval, socioekonomiska bakgrunder och bostadsområden bland elever i Uppsala kommun i Sverige. Det mesta av tidigare forskning inom ämnet använder inte GIS som ett verktyg, detta trots problemställningens rumsliga aspekt. Genom att kartera data öppnas möjligheter för att enklare upptäcka geografiska mönster som kan vara svåra att observera med andra presentationsmetoder som tabeller eller diagram. Skolval och pendling bland elever som har ansökt om plats i förskoleklass eller till årskurs sex har visualiserats och blivit satt i sammanhang med den sociala indexen för elevernas bostadsområden. Fyra områden och fyra skolor har valts ut för att kunna utvärdera frågan ur både elevers och skolors perspektiv. Resultaten visar att GIS är ett effektivt sätt att presentera komplexa data och ett användbart verktyg för att upptäcka geografiska kluster. Skillnaderna i skolval bland elever av olika sociala bakgrunder kan upptäckas visuellt genom att jämföra kartor med varandra. Förskoleklasselever tenderar att ansöka om närmaste skola, medan några av eleverna som ska börja årskurs sex är villiga att resa längre avstånd för att komma till en mer populär skola eller till ett område som är mindre socialt utsatt än deras bostadsområde. Dessutom kan vissa avvikande skolvalsmönster enkelt förklaras genom att undersöka den omgivande miljön; kartan kan till exempel avslöja att eleverna inte hade några andra valmöjligheter, att geografiska hinder såsom vattendrag eller stora gator agerar som avgränsare eller att det sociala indexet till ett bostadsområde inte matchar den sociala tillhörigheten invånarna själva upplever. På grund av komplexiteten bakom skolval och segregation, bör GIS inte användas ensamt för att konkludera om det finns ett samband mellan de två. Det är dock ett mycket användbart verktyg för att indikera förekomster av fenomenet och framförallt för att lyfta fram områden som är intressanta för vidare utredning.
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Wauters, Kris. "CJEU case law on cooperative agreements between public authorities and its influence on certain national legal systems." Thesis, University of Glasgow, 2014. http://theses.gla.ac.uk/5765/.
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The present thesis examines how and to what extent EU (public procurement) law has an influence on the way a public authority organises and discharges its public service tasks. The object of the thesis is limited to cooperative agreements (public contracts and service concessions) concluded between public authorities as a means to organise or discharge public service tasks. The objectives of EU internal market law and public procurement law bring the decision of public authorities to cooperate within the scope of EU law. Each time such decision could distort competition or hinder market access, EU internal market law applies. The CJEU has elaborated criteria on the basis of the public procurement Directives, which determine when such distortion or hindrance is present. These criteria determine when EU (public procurement) law influences national administrative law. This influence is apparent in the case law of the Supreme Courts in France and England.
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Lopes, Carina Sofia Lourinho Heleno. "Understanding relational locations and complex urban systems : mapping the relations between computation, space and infrastructure." Thesis, Goldsmiths College (University of London), 2016. http://research.gold.ac.uk/19713/.
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This thesis examines how computation has become part of different aspects of urban territories. In particular, this research focuses on the increased softwarisation and datafication of these territories and consequently, on the conditions that have favoured the emergence of new modes of urban spatialities. It proposes that relational locations have emerged as prevailing urban spatialities, brought about by the relations between space, infrastructure and computation. Beginning with an analysis of the relations between these three areas, it is shown that the crucial impact of computation, through the processes of softwarisation and datafication, mostly takes place within complex urban systems and their tendency towards convergence and concretisation, now accelerated and intensified. Furthermore, it is proposed that this tendency is increasingly sustained by the development of relations of mutual dependency and continuous feedback with practices of standardisation and risk management, which have become specifically location-oriented. From this standpoint, two case studies emphasise the localised implications of the transversal logic of computation. The first case study starts with the analysis of the convergence between the traffic management infrastructure and the air quality monitoring network. It draws attention to the dynamics established, extension of scope and use of indeterminacy as a management tool. The second case study focuses on the intensive gridding that new approaches to the logistics’ last-mile are creating. The delivery of ‘parcels’ continuously divides space and monitors increasingly more elements, turning vehicles into dots. The main argument of this thesis is that complex urban systems and the relations that support them are central to the understanding of computation throughout urban territories. This thesis aims to show that the impact of the computational logic goes beyond its area of immediate action, increasingly creating contexts of mutual dependency and co-evolvement and translating adjacent elements into computable formats.
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Bazhutov, Dmitry [Verfasser]. "The Economic Role of Investor Relations in Different Legal and Financial Systems: Empirical Evidence from Germany and the UK / Dmitry Bazhutov." Wuppertal : Universitätsbibliothek Wuppertal, 2018. http://d-nb.info/1161115668/34.
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Bolt, Reuben. "'It's just how you've been brought up!': An Aboriginal perspective on the relationship between the law, racism and mental health in N.S.W." Thesis, Indigenous Heath Studies, 2001. http://hdl.handle.net/2123/5701.
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Aboriginal people are by far more, over represented in the judicial system than any other group of people in Australia. This is a growing problem as incarceration rates are on the rise. This thesis has looked to institutional racism as an explanation for this gross over representation. This thesis has attempted to show the relationship between institutional racism and individual racism. Furthermore, this thesis has looked at values that are embedded in Western society. The value systems from this Western society have been compared to the values systems of Aboriginal society to show that these societies have different understandings and different perceptions. This research study has adopted a qualitative approach as a methodology and six in-depth interviews were used to gain original data of the participants' perceptions on Institutional racism and incarceration. The participants were all from the Nowra, Shoalhaven Aboriginal community. A thematic analysis was adopted to extract the themes from the interviews. The findings proved to be important, as all of the participants felt that they had been affected by Institutional racism as well as racism. The findings of the study complemented the findings in the literature.
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Karacali, Huseyin. "Correlations Between The Spectroscopic Parameters And The Thermodynamic Quantities For Systems Exhibiting Phase Transitions." Phd thesis, METU, 2006. http://etd.lib.metu.edu.tr/upload/2/12606914/index.pdf.
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We correlate in the first part of this study the specific heat and thermal expansivity to the temperature-and pressure-dependent frequency shifts, respectively, in ammonia solid I, solid II, hexagonal ice and ice close to their melting points. This is carried out for some fixed pressures for the two translational and one librational modes in ammonia solid I. By obtaining linear plots of specific heat and thermal expansivity against temperature-and pressure-dependent frequency shifts, the values of slope were deduced and compared with experimental values.
The correlation between the thermal expansivity and frequency shifts was constructed in the ammonia solid II by calculating the Raman frequencies of the translational and the librational modes for some fixed pressures. Calculated values of slope were compared with experimental values.
Temperature and pressure dependent frequency shifts of the translational modes in hexagonal and ice are correlated to the specific heat and the thermal expansivity, respectively.
When the mode Grüneisen parameter depends on temperature and pressure, correlations among the specific heat, thermal expansivity and, temperature-and pressure-dependent frequency shifts, respectively, are reexamined in hexagonal ice. When the mode Grü
neisen parameter depends on temperature, correlation between the specific heat and the frequency shifts is reexamined using translational modes in NH4Cl. In the second part of this study, we predict the damping constant for ammonium halides (NH4Cl and NH4Br) for zero pressure, and for the tricritical and second order phase transitions for a lattice mode of NH4Cl. Also, the observed Raman intensities of this mode are analyzed at those two pressures.
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Brand, Dirk Johannes. "Distribution of financial resources and constitutional obligations in decentralised systems a comparison between Germany and South Africa." Thesis, Stellenbosch : University of Stellenbosch, 2005. http://hdl.handle.net/10019.1/1167.
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Thesis (LLD (Public Law))—University of Stellenbosch,In this dissertation a comparative study is made of the constitutional accommodation of the distribution of financial resources and constitutional obligations to the various spheres of government in Germany and South Africa. Both countries have decentralised or multi-level systems of government and can be classified, in terms of current studies on federalism, as integrated or cooperative federal systems. An overview of the historical developments, the political contexts, the fundamental principles and the constitutional frameworks for government in Germany and South Africa is provided as a basis for the in-depth analysis regarding the financial intergovernmental relations in these countries. This study has shown that economic theory is important in the design of decentralised systems of government and that political and socio-economic considerations, for example, the need for rebuilding Germany after World War II and the need to eliminate severe poverty in South Africa after 1994, often play a dominant role in the design and implementation of decentralised constitutional systems. The economic theory applicable to decentralised systems of government suggests a balanced approach to the distribution of financial resources and constitutional obligations with a view to obtaining the most efficient and equitable solution. In both countries the particular constitutional allocation of obligations and financial resources created a fiscal gap that required some form of revenue sharing or financial equalisation. The German financial equalisation system has been developed over fifty years and is quite complex. It attempts to balance the constitutional aim of reasonable equalisation of the financial disparity of the Länder with the financial autonomy of the Länder as required by the Basic Law. The huge financial and economic demands from the eastern Länder after unification in 1990 placed an additional burden on the available funds and on the financial equalisation system. Germany currently faces reform of its financial equalisation system and possibly also bigger constitutional reform. The South African constitutional system is only a decade old and the financial equalisation system that is less complex than the German system, is functioning reasonably well but needs time to develop to its full potential. The system may however require some adjustment in order to enhance accountability, efficiency and equity. A lack of sufficient skills and administrative capacity at municipal government level and in some provinces hampers service delivery and good governance and places additional pressure on the financial equalisation system. The Bundesverfassungsgericht and the Constitutional Court play important roles in Germany and South Africa in upholding the principle of constitutional supremacy, and make a valuable contribution to the better understanding of the constitutional systems and the further development thereof. This study has shown that clear principles in constitutional texts, for example, such as those contained in the Basic Law, guide the development of applicable financial legislation and add value to the provisions on financial equalisation and how they are implemented. These principles in the Basic Law are justiciable and give the Bundesverfassungsgericht an important tool to adjudicate the financial equalisation legislation. The study of the constitutional accommodation of the distribution of financial resources and constitutional obligations in Germany and South Africa is not an abstract academic exercise and should be seen in the particular political and socio-economic contexts within which the respective constitutions function. The need to give effect to the realisation of socio-economic rights, for example, the right of access to health services, places additional demands on the financial equalisation system. The South African society experienced a major transformation from the apartheid system to a democratic constitutional order that in itself has had a significant influence on financial intergovernmental relations. This dissertation focuses on a distinct part of constitutional law that can be described as financial constitutional law. This comparative analysis of the two countries has provided some lessons for the further development of South Africa’s young democracy, in particular the financial intergovernmental relations system.
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Kim, Sun Pyo. "Legal relations between states with opposite or adjacent coasts pending ultimate delimitation of the exclusive economic zone/continental shelf, with particular reference to North East Asia." Thesis, University of Edinburgh, 2001. http://hdl.handle.net/1842/23075.
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In a circumstance where overlapping claims are made but delimitation of the area of overlapping claims is not made, an obvious need arise to search for rules applicable between neighbouring States pending delimitation of maritime boundaries which might never take place. Articles 74(3) and 83(3) of the United Nations Convention on the Law of the Sea (LOS Convention) deal with the legal problems pending delimitations of exclusive economic zone (EEZ)/continental shelf boundaries. They provide, in identical terms, that "pending agreement as provided for in paragraph 1, the States concerned, in a spirit of understanding and co-operation, shall make every effort to enter into provisional arrangements of a practical nature". The provisional arrangements share some important aspects with interim measures ordered by domestic or international courts pending their final judgements on the merits of disputes. Even though no illustrations of provisional arrangements are given in the provisions, there have been actual cases where provisional arrangements were made pending delimitation of boundaries even before the conclusion of the LOS Convention in 1982. For example, joint development zones of the continental shelf, joint fishing zones and provisional maritime boundaries were adopted from time to time by coastal States for provisional measures. Sometimes a zone is established for the purpose of joint exploitation of gas and oil as well as fisheries resources. In North East Asia, the need for provisional arrangements arose in the late 1990s because South Korea and Japan claimed their respective 200 nautical miles(N.M.) EEZs in 1996 and China claimed a 200 N.M. EEZ in 1998. Three bilateral fisheries agreements were concluded between Korea, China and Japan pending delimitation of maritime boundaries between them. All these fisheries agreements established joint fishing zones with various names or without names in the areas where overlapping claims were made. These provisional arrangements, however, have defects for the proper management of fisheries resources in the region because the joint fishing zones of different legal characters established by these arrangements overlap with each other and there is no previous to deal with transboundary fish stocks occurring in the EEZs of the three littoral States in the region. There is also a need for provisional arrangements between the coastal States in the region for co-operation in the exercise of jurisdiction, and for avoidance of jurisdictional conflicts, with regard to the protection of the marine environment and marine scientific research.
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Rinaldi, Parisa N. "Relationships Between Landscape Features and Nutrient Concentrations in an Agricultural Watershed in Southwestern Georgia: An Integrated Geographic Information Systems Approach." Digital Archive @ GSU, 2013. http://digitalarchive.gsu.edu/geosciences_theses/59.
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This study examined the influence of landscape features on stream nutrient concentrations within the Ichawaynochaway Creek watershed in southwestern Georgia. Baseflow concentrations of both dissolved (SRP, NO3, NH4) and total (TN, TP) nutrients were measured at 17 sampling sites monthly for a period of six months (July 2012 to January 2013). A long-term dataset (January 2008 to March 2012) was also analyzed for baseflow/stormflow comparisons of dissolved nutrient concentrations. Relationships among land-use, geology, soils, physiographic features and nutrients were analyzed at both the sub-watershed and riparian corridor scales. SRP concentrations were lower and NO3 concentrations higher than reported in previous studies of the region. Due to dry conditions during the sampling period, nutrient input was likely limited to groundwater contributions and land-use effects were minimal. Trends among water quality variables varied between the upper and lower portions of the watershed, suggesting differences in nutrient transport pathways due to spatial variation.
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Junior, Manuel Guilherme. "The legal-economic relationship between Bretton Woods institutions and World Trade Organization in the modern era of globalization : the challenges and impacts for the developing countries." Thesis, University of Macau, 2008. http://umaclib3.umac.mo/record=b1880401.
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Sonmez, Melih. "The role of better transparency law in corporate governance and financial markets, and its practicability in legal systems : a comparative study between the EU and Turkey." Thesis, Durham University, 2014. http://etheses.dur.ac.uk/10800/.
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Recent developments in globally connected financial markets have heightened the need for an effective flow of information between market players. In particular, the ‘devil side of corporations’, such as the scandals of Lehman Brothers, Parmalat and Imar Bank, has stimulated the debate on the core role of a high level of transparency in corporate governance structures as well as in financial markets. The main reason for the essentiality of a high level of transparency in financial markets is that it, similar to a shop window, not only increases the attractiveness of financial markets, but also, as an ‘invisible guard’, plays a preventative role for the unexpected events. Therefore, any opaqueness is unlikely to be tolerated in these highly competitive financial markets. The research of this thesis shows that transparency is one of the main elements for effective functioning of financial markets and a significant factor to the success of corporations. However, the creation of well- functioning transparency rules is not an easy process because it requires considerable and on-going efforts from policy-makers. In this respect, the aim of this research is to investigate how a high level of transparency plays a strategic role in corporate governance and financial markets despite its difficulties. However, to what extent has its importance been realised by policy-makers in their respective legal frameworks? In order to understand the practicability of transparency rules, this thesis presents and compares the EU and Turkish transparency laws as case studies. Hence, it designs a theoretical framework for the importance of transparency both in corporate governance and financial markets, and assesses how idea of transparency has been converted into practice. In order to make a comparative analysis between EU and Turkish transparency laws, this research develops the following key elements of better transparency law: a) The dual nature of transparency laws; b) The right modalities of transparency requirements; c) The key information to be made available; d) Effective bodies and institutions; e) The adaptability of relevant legal rules with recent innovations. Hence, this thesis examines the strengths and weaknesses of EU and Turkish transparency laws, and makes further recommendations based on the availability of these key elements in their respective legislative frameworks. Thus, overall, this research aims to critically examine the discussion about the relationship between a high level of transparency, the financial scandals and recent reforms in EU and Turkish transparency laws from a comparative perspective, and to identify key elements of better transparency law for financial markets.
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Sodalo, Rosalie. "La recherche d'un équilibre entre l'investisseur chinois et l'Etat africain d'accueil de l'investissement." Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010340.
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La présence chinoise en Afrique est généralement présentée par les médias occidentaux sous un angle défavorable. Les Chinois porteraient atteinte à la bonne gouvernance locale, ils ne respecteraient pas les droit africains du travail ou ne transféreraient pas suffisamment leur technologie. La thèse confirme l'existence de ces risques en démontrant notamment le manque de transparence des investissements directs chinois et les difficultés de l'Afrique subsaharienne à protéger ses intérêts. Mais à travers l'analyse du système juridique sud-africain et camerounais, l'auteur prouve que les risques que peuvent présenter les investissements chinois pour les Africains diffèrent d'un pays à l'autre, en fonction du droit local des affaires. La démonstration soulève par ailleurs un point peu traité des relations Chine-Afrique : les investissements directs chinois à destination du continent noir nécessitent, plus que ceux des Occidentaux, d'être sécurisés. L'auteur y voit deux raisons. Premièrement, la coopération juridique et judiciaire sino-africaine, par rapport à celle qui existe entre l'Occident et l'Afrique, est limitée. Deuxièmement, les investissements chinois en Afrique soulèvent des problèmes de droit international privé inédits. Entre autres, la détermination de la loi applicable peut être difficile en cas de litige opposant un investisseur chinois à son cocontractant africain. Face à cette situation de risques partagés entre l'investisseur chinois et l’État africain hôte de l'investissement, l'auteur souligne les limites du droit international et des traités bilatéraux d'investissement sino-africains tout en proposant des solutions pour équilibrer les contratsWestern media typically portrays Chinese presence in Africa unfavorably. Chinese are accused of impairing good governance, breaching local labour laws, and impeding the transfer of technologies. This PhD thesis examines these risks; including the Jack of transparency on the part of Chinese investors and the difficulties faced by African states in protecting their interests. Analysis of South African and Cameroonian legal systems shows that the degree of risk facing African countries depends greatly on local business laws. In addition, the thesis makes a point seldom raised in debates about China-Africa relations: Chinese direct investments need, more than western countries, to be secured. According to the author, this is for two reasons. Firstly, Sino-African legal and judiciary cooperation, compared to existing relationships between the West and Africa, is limited. Secondly, Chinese investments into Africa present unanticipated problems with private international law. Among others, determining applicable laws can be problematic in the event of a conflict between a Chinese investor and his African partner. In situations where risks are shared by both the Chinese investor and the African host state, the author addresses the limits of international investment law, as well as the failings of Sino-African bilateral investment treaties, and proposes solutions to balance the scales and mitigate risks
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Chihombori, Rumbidzai Anna. "The mediating role of mobile technology in the linkage between customer satisfaction and customer loyalty." Thesis, University of Fort Hare, 2012. http://hdl.handle.net/10353/d1013388.
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The main objective of this study was to critically investigate the mediating role that the use of mobile technology plays in the linkage between customer satisfaction and customer loyalty in a semi-urban environment. The research problem focused on the application of mobile technology in the linkage between customer satisfaction and customer loyalty in the clothing industry in King Williams Town. In accomplishing this objective, this research study hypothesised that mobile technology plays a mediating role in the linkage between customer satisfaction and customer loyalty of customers of clothing retailers in South Africa. Multiple regression was conducted to test for the first hypothesis. The first secondary objective aimed at establishing if there is disconfirmation between customer expectations and the performance of clothing retail outlets in King Williams Town. In exploring this objective, it was hypothesised that there is negative disconfirmation between customer expectations and performance. A paired sample test was conducted to test for this hypothesis. In addition, the influence of service quality and customer satisfaction on customer loyalty was explored. To accomplish these, it was hypothesised that both service quality and customer satisfaction have an influence on customer loyalty. Pearson’s Correlation and the Chi-Square Test were applied to test the influence of service quality and Customer satisfaction on Customer loyalty. Data was analysed using the Statistical Package for Social Sciences (SPSS) statistical software. Regression analysis, chi-square tests, Paired sample tests and correlation reports were used to analyse data inferentially. Reliability and validity of the research was also tested using Cronchbach’s alpha test. The results show that mobile phones have become a basic necessity for customers and that mobile technology plays a mediating role in the linkage between customer satisfaction and customer loyalty; however, the mediation is partial. The results also show that there is positive disconfirmation between customer expectations and retailer performance; that both service quality and customer satisfaction have a positive correlation with customer loyalty and that mobile technology enhances customer loyalty. Finally, the results show that the total service experience of customers is favourable vii because the five components of service quality were rendered at a high level of service quality. The study offers several managerial recommendations. Firstly, retail managers should make strategic investments in mobile technology and use this technology to the full to reap the benefits of technologically advanced mobile communication. Secondly, managers should be creative in their use of this mobile technology to enhance customer satisfaction and, hence, customer loyalty. Thirdly, managers should prioritise the improvement of all five components of service quality in order to enhance customer loyalty. Finally, managers should provide a customer-centred service experience that exceeds customer expectations for service quality and mobile communication, one that maximises customer satisfaction and loyalty. The implementation of these recommendations could result in clothing retailers providing a customer-focused service experience in all five aspects of service quality. To successfully implement these recommendations, clothing retailers should: ensure that expectations created, could be accomplished or exceeded to build and enhance customer satisfaction; create expectations that are realistic to avoid negative disconfirmation and hence customer dissatisfaction; implement innovative and creative mobile communication strategies to build and enhance customer loyalty; and finally, improve loyalty programmes to enlarge the customer base.
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Adamatti, Bianka. "The Tangled Roots of the Holocaust: An Analysis of the Evolution of Colonial Discourse through the Prohibition of Sexual Relations and Marriages between Races." Digital Commons @ East Tennessee State University, 2021. https://dc.etsu.edu/etd/3884.
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The Nazi violence did not have its origins only in the brutality of the First World War or radical nationalist ideologies, but also in European colonialism. Hence, the goal of this thesis is to demonstrate that colonial processes were fundamental to the origins of the Holocaust. To prove this, I applied the content analysis to detect colonial discourse (stereotype, ambivalence, and mimicry) in three legislations from different contexts, which prohibited sexual relations and marriages between races. The documents analyzed exemplified the segregationist thinking of each period of colonization. Portuguese laws from the beginning of modernity demonstrate the transition from religious to racist thought. Analyzing German Southwest Africa, there is the application of racist pseudoscience, and finally, in Nazism, a mixture of both, but also an evolution of colonial discourse. At the end, I proved the existence of colonial discourse in the Nuremberg Laws, demonstrating how earlier colonialisms influenced the Holocaust.
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Tessier, Margherita. "I rapporti tra le figure professionali giuridiche e mediche nel corso del procedimento giudiziario nei casi di maltrattamento ai minori Relations between legal and medical professional figures during proceedings in cases of child abuse." Doctoral thesis, Università degli studi di Padova, 2018. http://hdl.handle.net/11577/3423268.
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Introduction
The interaction between legal and medical figures has been encountering more and more difficulties in ascertaining the crime in complex trials. Science is not the sole element to affect the law as a matter of fact, as the judge too affects the selection of methods to be considered scientifically more valid upon the concrete case, in his assessment and control of the scientific method. It is therefore necessary to understand how science and law can integrate and interface in cases of child abuse, where the multidisciplinary contribution is essential.
Purpose
The project aims at the study of the perception and knowledge of lawyers regarding child abuse to identify the strengths, the critical issues of the system and the possible solutions.
Materials and methods
A form was submitted to lawyers from the Criminal Chamber in Padua (IT) through an e-mail presentation of the project. The form featured a link to an online platform, thus ensuring the anonymity of the answers. The data collected were computerized by creating a dataset using Excel. A transversal observational study was then carried out. Univariate, bivariate and multivariate data were finally elaborated with descriptive statistical analyzes, using the SAS statistical processing program.
Results
The results were examined separately according to the areas investigated by the form: experience, non-specific knowledge and specific knowledge, judicial tools and finally the willingness to attend a multidisciplinary training course on the subject of abuse.
The respondents were 48, equal to 31% of the reference population (156 lawyers).
There were 28 lawyers who had experience of child abuse (58.3%). Lawyers who declared to have a general knowledge of the topic were more than lawyers stating to have a than specific one (‘medium-high’: 72.9% vs 66.7%). The medium-high knowledge of judicial instruments in the interest of the minor is 52.1%. 58.3% of respondents expressed an interest in attending a multidisciplinary training course on abuse
Discussion
On a general basis, the results have proved the lack of an in-depth knowledge of the topic and the more the specifics of medical abuse are treated, the more the multidisciplinary competence is inadequate.
Information upon the subject is fragmented and non-coherent. Professionals with a high level of knowledge in one area do not achieve the same results in other sectors.
Furthermore, the subjects who have experienced abuse seem not to be considering the interests of the child. Investigating the subjects (39.5%) who have stated that the interests of the minor has to be taken into account in the defense of the abusing parent, the results show that four categories favor the interests of the child over the adult: women, the youngest lawyers, those who have a high specific knowledge of the subject and those who have recognized the possibility of the occurrence of a form of abuse in the course of separation between parents.
The subjects who have experience of abuse and takes into account the interest of the child in the defense of the adult have an interest in attending a multidisciplinary training course on child abuse. On the other hand, those who demonstrate more specific knowledge tend not to want further training. These results show that young people do not have better knowledge than those who have more experience in the legal profession.
Conclusions
Upon detecting the overall lack of knowledge demonstrated in the medical field of child abuse, a multidisciplinary training is necessary as well as further updates through multidisciplinary conferences organized by professional figures from different sectors such as medical and legal.
Taking into consideration the sensitive nature of the issue concerning abused minors and possible physical and psychological consequences, a register for lawyers with specific skills in the field of minors is requested, in addition to a register of experts specialized in child abuse the Judge or the Public Prosecutor may consult for assignments on specific tasks to exclude or confirm a case of child abuse the medical field.
Moreover, the establishment of a specialized section within the ordinary Court is of paramount importance, thus centralizing all the powers within a single Court in order to avoid overlaps.Introduzione L’interazione tra le figure giuridiche e mediche trova sempre più difficoltà nell’accertamento del fatto di reato nei processi complessi . Non solo la scienza condiziona il diritto, ma anche il giudice nella sua valutazione e controllo del metodo scientifico, incide sulla selezione dei metodi da ritenere scientificamente più validi nel caso concreto. È necessario comprendere, dunque, come scienza e diritto possano integrarsi e interfacciarsi nei casi di maltrattamento ai minori dove l’apporto multidisciplinare è imprescindibile. Obiettivi L’obiettivo del progetto è lo studio della percezione e conoscenza degli avvocati in materia di maltrattamento ai minori al fine di individuare i punti di forza, le criticità del sistema e le possibili soluzioni. Materiali e metodi È stato sottoposto un questionario agli avvocati aderenti alla Camera Penale di Padova tramite una un’e-mail di presentazione del progetto con in calce un link di indirizzamento ad una piattaforma online per la relativa compilazione di un questionario garantendo così l’anonimato delle risposte. I dati raccolti sono stati informatizzati mediante la creazione di un dataset utilizzando il programma Excel. È stato condotto poi uno studio osservazionale trasversale: sono state elaborate con analisi statistiche descrittive univariate, bivariate e multivariate, mediante il programma di elaborazione statistica SAS. Risultati I risultati vengono suddivisi sulla base degli ambiti indagati dal questionario: dell’esperienza, della conoscenza aspecifica e della conoscenza specifica, degli strumenti giudiziari e infine della disponibilità a frequentare un corso di formazione multidisciplinare sul maltrattamento. I rispondenti al questionario sono stati 48 pari al 31% della popolazione di riferimento (n. 156 avvocati). Gli avvocati che hanno avuto esperienza sul maltrattamento ai minori sono risultati 28 (58,3%). Gli avvocati presentano una conoscenza generica dell’argomento maggiore rispetto a quella specifica (‘medio-alta’: 72,9% vs 66,7%). La conoscenza medio-alta degli strumenti giudiziari nell’interesse del minore è del 52,1%. Il 58,3% dei rispondenti esprime la propria disponibilità a frequentare un corso di formazione multidisciplinare sul maltrattamento. Discussione I risultati hanno palesato in generale una conoscenza non approfondita dell’argomento e più ci si addentra nello specifico del maltrattamento in campo medico, più è carente la competenza multidisciplinare. Risulta una conoscenza frammentata e non coerente: chi ha un grado di conoscenza alto in un ambito non dimostra lo stesso grado negli altri settori. Inoltre non c’è percezione per chi ha avuto esperienza di maltrattamento di tener conto dell’interesse del minore. Indagando in merito ai soggetti (39,5%) che dichiarano che nella difesa del genitore maltrattante si deve tener conto anche dell’interesse del minore, risulta che le donne, gli avvocati più giovani, chi presenta una elevata conoscenza specifica dell’argomento e chi ha riconosciuto la possibilità del verificarsi di una forma di maltrattamento nel corso della separazione tra i genitori predilige l’interesse del minore rispetto a quello dell’adulto. Chi ha esperienza di maltrattamento e manifesta l’interesse del minore nella difesa dell’adulto esprime la disponibilità a frequentare un corso di formazione multidisciplinare sul maltrattamento ai minori. Chi dimostra, invece, maggior conoscenza specifica tende a non volere altra formazione. Tali risultati dimostrano che i giovani non hanno una miglior conoscenza rispetto a quelli che hanno più esperienza nella professione forense. Conclusioni Rilevato il grado complessivamente carente di conoscenza dimostrato nell’ambito medico del maltrattamento ai minori, risulta necessaria una formazione multidisciplinare oltre ad aggiornamenti che possono avvenire tramite convegni di ambito multidisciplinare organizzati quindi da figure professionali prevenienti dai diversi settori quali quello medico e giuridico. Considerata la sensibile tematica che riguarda i minori maltrattati e le possibili conseguenze fisiche e psichiche conseguenti, si richiede, oltre a un albo dei periti specializzati in maltrattamento ai minori a cui il Giudice o il Pubblico ministero potranno attingere per incarichi specifici diretti ad accertare in ambito medico l’esistenza o meno di maltrattamento, anche un albo con competenze specifiche in materia di minori degli avvocati. Vi è anche la necessità della costituzione di una sezione specializzata all’interno del Tribunale ordinario in tal modo accentrando tutte le competenze all’interno di un unico Tribunale al fine di evitare sovrapposizioni.
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Parnell, Paul P. "Information technology law : 'micro-agreements' in systems integration and outsourcing projects : recognising and managing the legal implications of day to day interactions between parties to large and complex information technology projects." Thesis, View thesis, 2000. http://handle.uws.edu.au:8081/1959.7/25573.
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This work describes the concept of 'micro-agreement', representing the many forms of interaction occurring between parties involved in large and complex information technology projects. Micro-agreements can provide benefits as well as disadvantages to such projects and need to be effectively managed. This work begins by describing the nature of information technology projects from an engineering perspective, particularly in light of the problems that may occur. The existing legal doctrines that are relevant to such projects are then described and expanded into the concept of a micro-agreement. The concept of micro-agreement is supported through the analysis of a number of csae studies relevant to the information technology industry, together with further analysis of legal relationship models. A number of key recommendations are made which provide support for gaining maximum benefits from micro-agreements. These recommendations include: linking information technology contracts to software engineering best practice; using an appropriate legal relationship model; and developing an industry wide Information Technology Code of Conduct.
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Parnell, Paul P. "Information technology law : "micro-agreements" in systems integration and outsourcing projects : recognising and managing the legal implications of day to day interactions between parties to large and complex information technology projects /." View thesis, 2000. http://library.uws.edu.au/adt-NUWS/public/adt-NUWS20030814.145614/index.html.
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Nguyen, Thi Kim Chung. "Gender equality and women's land inheritance disputes in Vietnam." Thesis, Queensland University of Technology, 2019. https://eprints.qut.edu.au/132170/1/Thi%20Kim%20Chung_Nguyen_Thesis.pdf.
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This thesis explores the main barriers women face when they seek to claim their land inheritance rights in local courts. Through a series of in-depth interviews with Vietnamese female litigants, lawyers, court officials (clerks and judges), local officials, and chairwomen of the Vietnamese Women's Union, this thesis finds that the most common barriers to women's successful assertion of their land inheritance rights are Confucian thought (such as the desire to live harmoniously and to avoid litigation), the lack of judicial independence of Vietnamese court system, and the low quality of the professional legal service, local officials, and chairwomen of the Vietnamese Women's Union.
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Story, Mark D. "Leveraging change using family systems theory to nurture togetherness and a common commitment to ministry between St. Mary's Episcopal Church and St. Mary's Episcopal School /." Theological Research Exchange Network (TREN), 2005. http://www.tren.com/search.cfm?p100-0130.
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Maddali, Hanuma Teja. "Inferring social structure and dominance relationships between rhesus macaques using RFID tracking data." Thesis, Georgia Institute of Technology, 2014. http://hdl.handle.net/1853/51866.
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This research address the problem of inferring, through Radio-Frequency Identification (RFID) tracking data, the graph structures underlying social interactions in a group of rhesus macaques (a species of monkey). These social interactions are considered as independent affiliative and dominative components and are characterized by a variety of visual and auditory displays and gestures. Social structure in a group is an important indicator of its members’ relative level of access to resources and has interesting implications for an individual’s health. Automatic inference of the social structure in an animal group enables a number of important capabilities, including:
1. A verifiable measure of how the social structure is affected by an intervention such as a change in the environment, or the introduction of another animal, and
2. A potentially significant reduction in person hours normally used for assessing these changes.
The behaviors of interest in the context of this research are those definable using the macaques’ spatial (x,y,z) position and motion inside an enclosure. Periods of time spent in close proximity with other group members are considered to be events of passive interaction and are used in the calculation of an Affiliation Matrix. This represents the strength of undirected interaction or tie-strength between individual animals. Dominance is a directed relation that is quantified using a heuristic for the detection of withdrawal and displacement behaviors. The results of an analysis based on these approaches for a group of 6 male monkeys that were tracked over a period of 60 days at the Yerkes Primate Research Center are presented in this Thesis.
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Le, Roux Karle. "The relationship between corporate communication efforts, client communication satisfaction and –relationship satisfaction, and client economic contribution within a financial services organisation / K. le Roux." Thesis, North-West University, 2011. http://hdl.handle.net/10394/4856.
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After facing the economic recession, the South–African and global business sectors started
revaluating their human capital and the positions they represent within an organisation. Each
individual now had to prove that they contributed towards the organisation’s bottom line, as each
and every cent had to be counted and accounted for. Some functions within organisations could
easily prove their contribution towards the bottom line by providing production or sales outputs.
The public relations practitioners and the corporate communication efforts they offered, however,
faced a bleak future, as their contribution towards the tangible assets was very rarely recognised
(Kim, 2000:276).
The financial services sector however, in which an advisor’s contribution towards the
organisational bottom line is easily quantified, started to acknowledge the need for this sector to
improve upon its ‘softer’ intangible assets such as client communication and client relationships.
The sector believes that communication establishes relationships, and sound client relationships
is the only way to sell financial products and services, as people seldom entrust their life earnings
or financial dreams to strangers (Christiansen & DeVaney, 1998:7).
Public relations practitioners know how to use communication optimally in the quest for building
client relationships, and financial services need those skills in order to sell their products and
contribute towards the bottom line. These two functions could thus work together towards the
achievement of their goals - public relations to prove their bottom line contribution, and the
financial services sector towards improving client relationships.
These statements led to the general Research Question of this study: “What is the nature of the
relationship between (i) corporate communication efforts, (ii) client communication
satisfaction and (iii) client relationship satisfaction, and these concepts’ relationship to
(iv) client economic contribution, within a financial services organisation?”
This Research Question is answered from the systems theory as meta–theory with the support of
the strategic communication, excellence and relationship management theories, and Futurum
Financial Group (FFG) services as the financial services organisation for this study.
A qualitative and quantitative research approach was followed to establish the constructs, and the
relationships between the constructs.
The Financial Advisors and public relations practitioner in FFG have a good understanding of the
need for strategic communication efforts, and a relationship between their efforts and the client communication satisfaction and client relationship satisfaction could therefore be indicated. A
further relationship between the client communication satisfaction and client relationship
satisfaction and the client economic contribution was also established.
Recommendations to improve the situation within FFG included a better focus on database
administration, corporate communication consistency, Financial Advisor diligence, and providing
clients with more frequent updates regarding their financial situation. The greatest strengths were
client–advisor trust and corporate communication professionalism.
This study thus contributes to the argument that communication efforts add tangibly, by means of
client economic contribution, to the organisation’s bottom line, within the financial services
industry. The study furthermore provides some recommendations for the financial services
industry to improve their communication skills in order to build client relationships.Thesis (M.A. (Communication Studies))--North-West University, Potchefstroom Campus, 2011.
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Keys, Alexander. "Une Union de droits parallèles : la portabilité des régimes juridiques dans la législation de l’Union européenne." Thesis, Bordeaux, 2018. http://www.theses.fr/2018BORD0425.
Full textAbstract:
Malgré les spécificités politiques de l’Union européenne, le fonctionnement du droit communautaire a généralement été assez traditionnel, s’appliquant obligatoirement à tous. Ces dernières années, toutefois, nous assistons à la création d’un corps de droit atypique dont l’application est optionnelle, et qui existe donc en parallèle au droit national normalement applicable. Ces hypothèses de choix sont essentiellement de deux types. D’abord, les instruments optionnels de droit européen peuvent être choisis comme alternative au droit national. Ensuite, le droit de l’Union européenne permet dans certaines hypothèses le choix de la loi nationale applicable à une situation. Dans ces deux cas, l’expression d’un choix mène à la portabilité du régime juridique choisi dans toute l’Union. Cette thèse vise à répondre à plusieurs questionnements autour de ce phénomène, en analysant les raisons politiques qui poussent à créer des droits d’option, en regardant l’impact véritable de l’exercice du droit d’option en termes de l’autonomie véritable des régimes optionnels et des contours de l’espace de liberté ainsi laissé aux sujets de droit de s’écarter du droit national normalement applicable, et en évaluant le taux d’utilisation de ces instruments juridiques particuliersDespite the specificities of the European Union’s political set-up, the operation of EU law has generally been relatively traditional, in the sense that EU law mandatorily applies to all. These last few years, however, a body of atypical law has been created which is applied optionally and therefore exists in parallel with national law. Legal regimes applicable by choice in this way essentially fall into two categories. Firstly, there are optional instruments of EU law, which can be chosen as an alternative to national law. Secondly, in some cases, EU law allows a choice of the national law to be applied to a given situation. In both cases, the expression of a choice leads to the portability of the chosen legal regime across the EU. This thesis aims to address various issues surrounding this phenomenon: by analysing the political reasoning which has led to the creation of a right to choose, by looking at the true impact of the use of the right to choose in terms of the real autonomy of optional instruments and the extent of the freedom to deviate from the national law applicable by default, and by evaluating the level of usage of these unusual legal instruments
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Beulay, Marjorie. "L’applicabilité des droits de l’Homme aux organisations internationales." Thesis, Paris 10, 2015. http://www.theses.fr/2015PA100166.
Full textAbstract:
L’obligation de respect des droits de l’Homme s’adresse traditionnellement aux États. Cependant, les organisations internationales se présentent aujourd’hui de plus en plus comme des acteurs incontournables de la scène internationale et leur activité tend de plus en plus à réguler la vie des individus. Face à une telle situation, le « besoin » de voir les droits de l’Homme s’appliquer aux organisations internationales se fait de plus en plus prégnant, notamment au sein de la doctrine. Cela s’explique par les circonstances permettant à ces entités d’influencer la vie des personnes physiques et morales. De par leurs compétences et prérogatives elles se sont progressivement inscrites dans une relation de pouvoir vis-à-vis des individus que ce soit directement ou indirectement. En conséquence, au regard du degré de développement actuel de la protection internationale des droits de l’Homme, un tel comportement nécessite d’être encadré, notamment afin d’être légitime aux yeux de ceux sur lesquels il s’exerce. Toutefois, en dépit des fondements venant étayer cette nécessité de limitation du pouvoir exercé, sa concrétisation juridique n’en est qu’à ses prémices. Si d’un point de vue normatif, l’encadrement ébauché s’avère fragile mais potentiellement mobilisable ; d’un point de vue procédural, il demeure minimal voire inexistant. Dès lors, beaucoup reste encore à faire pour que l’applicabilité des droits de l’Homme aux organisations internationales passe de l’évidence au droitThe obligation to respect human rights traditionally rests upon the States. However International Organisations have become nowadays key actors on the international scene and their activities tend to have more impact on the life of individuals. In the light of this situation, a ‘need’ emerged, especially amongst the doctrine, to see an effective application of human rights to International Organisations. This is due to the circumstances that allow such organisations to have an influence on the life of legal and physical entities. Because of their jurisdiction and their prerogative, International Organisations have established a relationship of power towards individuals, whether directly or indirectly. Therefore, considering the current degree of development of the International protection of Human Rights, such an activity must be regulated, especially in order to establish its legitimacy in the eyes of the subjects of this activity. Nevertheless despite the grounds supporting the necessity to limit the power of International Organisations, the legal concretisation of such limits is still at its early stages. If from a normative point of view, the sketched framework reveals itself to be fragile yet potentially mobilisable, from a procedural point of view it remains minimal to non-existent. Subsequently there is still much to be done in order to allow the applicability of Human Rights to International Organisations to go from a foregone conclusion to a legal reality
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Travaini, Grégory. "De l’influence des puissances européennes sur la résolution des conflits en Afrique de l’Ouest : la culture juridique « africaine »." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020088.
Full textAbstract:
Cette thèse doctorale a pour objet l’étude et en particulier l’influence qu’a pu avoir, et qu’ont toujours, les puissances européennes sur la résolution des conflits en Afrique de l’Ouest et ainsi déterminer s'il existe une culture juridique « africaine »This thesis is devoted to the study the influence of the European powers on past and present dispute resolution in West African legal systems and thereby to determine whether an "African legal culture" exists
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Sild, Nicolas. "Le Gallicanisme et la construction de l'Etat (1563-1905)." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020039.
Full textAbstract:
"L’Eglise s’est toujours considérée comme un ordre infra-étatique (l’Eglise dans l’Etat avec ses paroisses et ses diocèses), tout en obéissant aux règles posées par une autorité étrangère à l’Etat, la papauté. De ce fait, l’Eglise est un ordre juridique concurrençant l’Etat, car elle exerce une domination sur le même territoire et les mêmes sujets. Le Gallicanisme se présente comme la synthèse permettant de régler juridiquement ces conflits. Il prône l’indépendance de l’Eglise de France et de l’Etat face à la papauté et suppose l’intervention du Souverain dans les affaires ecclésiastiques. Deux mécanismes juridiques essentiels servent à remplir ces fonctions. D’une part, au moyen des techniques assurant la réception des règles ecclésiastiques dans l’Etat, le Gallicanisme produit un discours technicien ancré dans une doctrine de la souveraineté, pour préserver l’existence d’une « exception française » menacée par les prétentions hégémoniques romaines. D’autre part, inventée pour résoudre les conflits de compétence opposant les autorités étatiques et ecclésiales, la procédure de l’appel comme d’abus subordonne l’Eglise de France à l’Etat par le contrôle juridictionnel de ses actes. Elle désigne l’Etat comme l’instance titulaire d’un pouvoir exclusif de déterminer l’étendue de sa propre compétence et de celle de l’ordre ecclésial. Envisagé sous l’angle des rapports entre ordres juridiques, le Gallicanisme apparaît alors comme une étape incontournable dans la construction intellectuelle de l’Etat moderne, à laquelle il fournit des supports théoriques et techniques"By the properties that characterize it, Catholic Church is often considered, following the example of the State, as a legal system which takes place inside and outside State. Before the 1905 Act, Gallicanism struggles for independance of the Church of France and the State against papacy, encouraging Sovereign’s interventions in ecclesiastical affairs. Gallicanism can be translated in terms of relations between two legal systems, and the matter of this study is to prove this movement has been a momentum in the intellectual building of Modern State through the reflexion of french jurist from the Ancient Monarchy to the end of the 19th century. Church and State are, by many ways, concurrent systems aiming to dominate the same territory and the same subjects. Gallican thoughts present themselves like an answer to these conflicts. Canonical rules promulgated by the Pope or a Council are not self-executing, and have to be approved by the Sovereign to be Law of the State. Gallicanism build a technical discurse based on State sovereignty to preserve a french particularism against the Roman hegemonic threath. Invented to resolve conflicts of competences between ecclesiastical and State’s authorities, the procedure named « appel comme d’abus » gives exclusive power to the State to determine the extent of its competence. Furthermore this procedure subordinates Church of France to State by the judicial review of its administrative acts
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Larrouturou, Thibaut. "Question prioritaire de constitutionnalité et contrôle de conventionnalité." Thesis, Lyon, 2020. http://www.theses.fr/2020LYSES049.
Full textAbstract:
Malgré une longue tradition légicentriste, la France est aujourd’hui l’un des rares États européens dans lesquels la loi promulguée peut être contestée, à l’occasion d’un procès, par deux voies résolument distinctes : la question prioritaire de constitutionnalité, d’une part, et le contrôle de conventionnalité, d’autre part. À première vue, il semble exister une véritable disjonction entre ces deux mécanismes de contrôle de la loi. Ils sont en effet exercés par des juridictions différentes, ne veillent pas au respect des mêmes normes et divergent par leurs effets. Pourtant, malgré la quasi-absence de règles régissant leurs relations, s’est progressivement mise en place une véritable interconnexion des deux contrôles. Adaptation des deux instruments l’un à l’autre, imbrication des problématiques constitutionnelles et conventionnelles au sein du contentieux, rapports d’influence ou d’autorité entre les juridictions concernées et enchâssement des procédures de saisine des juges sont autant de démonstrations de l’émergence d’un droit prétorien des rapports entre question prioritaire de constitutionnalité et contrôle de conventionnalité. La puissance des rapports entre ordres juridiques, la spécificité des normes en jeu et la multiplicité des Hautes juridictions impliquées imposent la recherche d’un équilibre toujours mouvant en la matière, qui constitue l’objet de la présente étudeDespite a long tradition of supremacy of the Law, France is today one of the few European States in which the latter can be challenged, during a trial, in two distinct ways: the question prioritaire de constitutionnalité, on the one hand, and the control of conventionality, on the other. At first glance, there seems to be a real disjunction between the two of them. Indeed, they involve different Courts, do not ensure compliance with the same standards and diverge in their effects. However, despite the virtual absence of rules governing their relations, a real interconnection of the two controls has gradually developed. Adaptation of the two instruments to each other, interweaving of constitutional and conventional issues within litigation, relations of influence or authority between the courts involved and entrenchment of preliminary ruling mechanisms all demonstrate the emergence of court-made rules regarding the relationship between question prioritaire de constitutionnalité and control of conventionality. The strength of the relationships between legal orders, the specificity of the standards at stake and the several Supreme Courts involved require the search for an ever-shifting balance in this matter, which is the topic of this study
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Doray, Marc. "La QPC comme interface : une régulation dialogique des rapports entre systèmes juridiques interne et européens." Thesis, Normandie, 2019. http://www.theses.fr/2019NORMR113.
Full textAbstract:
La Question prioritaire de constitutionnalité, entrée en vigueur le 1er mars 2010, se présente à l’étude sous forme paradoxale : il s’agit moins, en effet, pour ses concepteurs et acteurs notamment, de purger l’ordonnancement juridique des dispositions législatives promulguées contraires à la Constitution que de mettre en place et en oeuvre via ce nouveau contrôle a posteriori une nouvelle régulation des rapports entre systèmes juridiques interne et européens, régulation alternative à celle préexistante fondée sur les arts. 55 et 88-1 de la Constitution. La QPC prévue à l’article 61-1 C. s’avère répondre en ce sens à deux principes directeurs émis par les pouvoirs exécutif et législatif et orientant l’action du Conseil constitutionnel et des juges du filtre : le principe de « priorité d’examen », d’une part, est en effet conçu et mis en oeuvre comme étant (l’objet d’) une réponse juridique concurrentielle renouvelée vis-à-vis des systèmes juridiques conventionnels européens ; le « principe de spécialité des juridictions », d’autre part, énoncé par l’Exécutif, consiste en réalité à imposer aux juges (constitutionnel, comme du filtre) de la QPC une intégration jurisprudentielle relativement implicite et pourtant renforcée des normes conventionnelles qu’il s’agitparallèlement de concurrencer ; et donc, une subordination matérielle sous-jacente passant par une révision silencieuse de la Constitution opérée par le juge auquel le gouvernement, par conséquent, apparaît délégué. La nouvelle régulation dialogique des rapports de systèmes par la QPC se nourrit ainsi de ces deux aspects précités, antagonistes mais complémentaires, et engendre dès lors une mutation constitutionnelle continue du système juridique interne, non préalablement et normativement prévue, et bien éloignée des objectifs pourtant affichés de « réappropriation de la Constitution interne » et de « sécurité juridique » consubstantiels à l’adoption de la QPCThe New French Judicial Review (Question prioritaire de constitutionnalité) came into force on March 1, 2010. It presents a paradoxical form: for its designers and actors in particular, it is less about to purge the legal order of the promulgated legislative provisions contrary to the Constitution, than to set up and implement, through this new ex post facto control, a new regulation of the relationship between the internal and European legal systems: an alternative regulation to the pre-existing one based on the arts. 55 and 88-1 of the Constitution. Provided for in Article 61-1 C., the QPC is to meet two guiding principles issued by the executive and legislative powers and guiding the action of the Intern Courts: the principle of "priority of 'examination'″, on the one hand, is indeed designed and implemented as being (the object of) a renewed competitive legal response vis-à-vis the European conventional legal systems; the "principle of specialty of the jurisdictions", on the other hand, stated by the Executive, consists in imposing on judges of the QPC a relatively implicit and yet reinforced integration of the conventional norms that it is to compete at the same time; therefore appear an underlying material subordination passing through a silent revision of the Constitution operated by the judge. Thus one can see, not the “Government by the Judiciary”, but a “Government delegated to the judiciary”. This new dialogical regulation of legal systemic relations feeds on these two aforementioned, antagonistic but complementary, aspects. And it consequently engenders a continuous constitutional mutation in (/and of) the internal legal system which was not previously and normatively foreseen. A mutation that appears far removed from the objectives yet displayed and consubstantial to the adoption of the QPC: the "Re-appropriation of the internal Constitution" and "legal security"
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Di, Filippo Alessandra. "Le dualisme juridictionnel français à l'épreuve de l'Europe." Thesis, Tours, 2014. http://www.theses.fr/2014TOUR1005.
Full textAbstract:
La perspective européenne a renouvelé l’intérêt de la question du maintien ou de la suppression du dualisme juridictionnel en France à travers deux approches : la résistance aux modèles concurrents d’organisation juridictionnelle d’une part, le crible des standards européens d’autre part. Considéré comme un modèle d’organisation juridictionnelle, le système français a inspiré la majorité des Etats européens. Le phénomène a néanmoins été temporaire. Désormais, la plupart des Etats européens ont un système d’organisation juridictionnelle qui se rattache à un autre modèle. Engager le système français dans une telle voie est juridiquement faisable mais peu opportun en pratique. Le système français en tant que modèle – quoique minoritaire – d’organisation juridictionnelle a donc vocation à perdurer. Sur un autre front, l’alignement du système français sur les standards européens a également fait émerger l’hypothèse de sa suppression. Les condamnations, réelles ou potentielles, de la juridiction administrative et du procès mené devant elle, ainsi que du Tribunal des conflits et de la procédure suivie devant lui, ont montré que les réformes étaient inévitables et imposé de revenir sur des pratiques séculaires bien établies. Elles ont également contribué à rapprocher la juridiction administrative de la juridiction judiciaire et le procès administratif du procès civil. « Sauvé » au prix de nombreuses transformations, le système n’en est pas moins parvenu à préserver ses caractéristiques essentielles, prouvant sa capacité d’adaptation. Un temps affaibli, le dualisme juridictionnel n’a, en définitive, pas été altéré. Mieux, son fondement technique, justification contemporaine du dualisme juridictionnel, en est sorti renforcéThe European perspective has shed new light on the question of whether maintaining or ruling out jurisdictional dualism in France through two main approaches: on the one hand, the resilience of substitutable models and, on the other hand, the scrutiny of European standards. Considered as a model, the French system has inspired the majority of states in Europe. This wave of inspiration has nevertheless been short-lived. Indeed, most states in Europe have established a judicial system, which is different from the French model. Bringing the French system towards the one adopted by most states in Europe is juridically feasible but raises several issues in practice. As a result, the French system, albeit minor amongst the European states, is probably prone to live on. Furthermore, bringing the French system towards European standards raised the question of a likely end of it. In fact, the French system came under critics, whether effective or potential, of its administrative courts and legal proceedings, together with critics concerning its so-called “Tribunal des conflits” and the legal proceedings. These critics point to the fact that reforming the French system was inevitable. Such reforms led the French system back on some of its secular anchored practices. Eventually, reforms also contributed to bring closer both the administrative court and the administrative legal proceedings to both civil court and civil legal proceedings. Saved at the cost of numerous reforms, the French system nevertheless managed to preserve its basic structures. This in turn provides evidence that the French system is able to adapt itself to an evolving European environment. Finally, the technical founding principles of jurisdictional dualism have been reinforced
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LIN, YA-YIN, and 林雅瑩. "The Study of Legal Systems on Food Safety between Taiwan and Mainland China." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/mx39kp.
Full textAbstract:
碩士中國文化大學
法律學系碩士在職專班
106
In recent years, significant food safety incidents emerge one after another. People feel suspicious and insecure for food safety. From the 1979 Yu-cheng disease in Taiwan, the 2008 milk scandal (the contaminated milk incident), the 2011 Taiwan food scandal (the plasticizer incident) to the recent happened Taiwan oil scandal (the contaminated cooking oil incident), these incidents not only have harmed the health and body of our people, but also deal serious damage to the our country’s international image as the kingdom of food. The constantly occurred food safety incidents result in multiple revisions of “Act Governing Food Safety and Sanitation”. The government has aggravated the punishment, established normal inter-departmental “Food Safety Report”, and successively conducted crucial reforms, such as compulsive registration system and food tracking and tracing system. They are expected to prevent incidents of food contamination from happening again, yet it seems that they don’t work well. Thus, the current relevant mechanism of food safety has the necessity for reviewing. For the structure of this article, the relevant concept of the right to health and food safety will be described, and the meaning of food safety, the forming procedure of food, and characteristics of food safety will be understood first. Then, it will discuss the relation between food safety and the laws. In addition, it will briefly introduce the management mechanism of food safety of the EU, the U.S., Japan, Mainland China, and our country. With the comparison of these regions and observation for the advantages of other countries, such can become the reference for the regulation of food safety of our country. In addition, this article will take the 2011 Taiwan food scandal, the 2008 China milk scandal, and the 2013 Taiwan food scandal (contaminated cooking oil of Chang Chi Foodstaff Factory) as the examples, allowing us understand how the relevant food safety agencies deal with the food safety incidents and how the court acknowledge the incident to find out the loophole of current food safety regulations. Such will become the basis of the reference for revisions of laws in the future. Finally, the article will attempt to explain the difficulties of the food safety regulations in our country, and propose concrete suggestions in the expectations of becoming the reference for food safety regulations of our country.
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Yang, Tai-hsin, and 楊岱欣. "A Comparative Study of Legal Systems in Food Management between the EU and Taiwan." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/78400441019439360245.
Full textAbstract:
碩士國立中央大學
法律與政府研究所
102
Food is the basic element that human depends on for survival. Food safety not only concerns the safety of human health and lives, it also affects social and national stability and development. With the globalization of economy and improvements of the food industry, international food trade is rapidly developing. However, these developments also bring more risk to people in terms of food safety. Hence, governments around the world are placing significant importance on relevant risk management measures for food trade and food safety. In recent years, problems associated with food safety emerged. From mad cow disease to melamine milk scandal, food safety management has caused a great deal of concern by the government and the community. Therefore, the establishment of food safety management system and the implementation of food safety management have become the majority, and inevitable issues that the world is facing. The American National Research Council (NRC) first recommended a set of risk analysis infrastructure in 1983. The risk analysis system involved three steps, namely “risk assessment”, “risk management” and “risk communication”. These steps were eventually adapted by the EU, and can be seen as an international standard for food safety management systems. The EU has adopted risk analysis systems as a means of managing food safety, and adopted a stricter “precautionary principle” as the guidelines. The Taiwanese food regulations, including methods, standards, and examination procedures of food examination, management of raw material sources, regulation on food sanitary facilities, storage, marking, transportation, displaying of food, and the risk management system of food, should be revised, to fit the goal of food safety. And if the Taiwanese legal system wishes to take a higher standard on some items, scientific proofs should be provided to ensure health of citizens are protected. In view of the EU's legal systems of food safety management, our legal management system of food hygiene and safety need to identify the shortcomings of the related regulation in the country, in order to propose more adjustments to our act governing food safety.
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Mityukova, Ksenia. "Trade and Economic Relations between Russia and the EU." Master's thesis, 2013. http://www.nusl.cz/ntk/nusl-327481.
Full textAbstract:
The Master Thesis provides an analysis of the international relations between Russia and the European Union in economic and trade field. The first part of the Master Thesis introduces the European Union as an important integration system. This part also includes the analysis of the EU-Russia policy. In the second part of the Master Thesis there are explained the development of the bilateral trade and economic relations. Partnership of countries is described through the economic relation. Trade is the main form of economic cooperation between Russia and the EU. The estimation of the trade cooperation is performed with the help of data extracted from the Eurostat database, analysis of commodity structure and trend analysis. Relevance of the analysis is determined through the mutual interest in the development of economic cooperation between Russia and the EU. This Master Thesis presents the new practical moment of Russian accession to the WTO, which influenced the economic and trade bilateral cooperation. There are identified the main problems in bilateral relations and proposed the suggestions for its elimination. There is gathered the most relevant information and data in order to reflect the most reliable situation as of today. The last part of the research forecasts directions and prospects of...
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SHEN, HSIN-RU, and 沈心如. "A Study on Relative Legal Systems of Financial Consumer Protection between Taiwan and Mainland China." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/faj98m.
Full textAbstract:
碩士東吳大學
法律學系
105
In view of the increasing complexity of financial products and services, leading to the frequent financial consumer disputes, the importance of protecting the rights and interests of financial consumers cannot be underestimated in order to maintain the confidence of the financial consumer, improve financial markets and enhance international competitiveness. With the Financial Consumer Protection Act effective on December 30, 2011 in Taiwan, the definition of financial consumer and the obligations of financial institutions is undertaking are shaped piece by piece. The Financial consumer dispute resolution mechanism, coupled with other relevant regulations of the financial consumer protection is gradually established. On the other hand, in China, the Law of the People’s Republic of China on the Protection of Consumer Rights and Interests, amended in 2013, still fails to face the particularity nature of financial consumption so to serve the least-effective protection toward the rights and interests of financial consumers. The relevant provisions on the protection of financial consumers' rights and interests scattered over in the administrative regulations by individual industry loses the efficiency to play the consolidating role to protect the interests of financial consumers as one entity. Firstly, this article introduces the definition of financial consumer, the behaviors that infringes the rights of the financial consumer, the necessity of financial consumer protection, and the main obligations of financial institutions. Secondly, we will discuss the current relevant laws and regulations of financial consumer protection and dispute resolution mechanism in Taiwan. Furthermore, we will investigate the theoretical development background of the protection of financial Consumers' Rights and Interests, associated with the current specifications, regulatory models and dispute resolution mechanism in China. Finally, we will compare the financial consumer rights protection system in Taiwan with the financial consumer rights protection system in China. By learning from international experiences, we will provide more comprehensive recommendations for the development in the future. It is hoped that through the more solid establishment of a professional and effective financial consumer disputing resolution mechanism, the implementation of structural measurement to strengthen financial consumer protection, the interests of financial consumers is thus well protected, financial consumer’s confidence is enhanced toward the market, and ultimatily the development of financial markets is soundly performed.
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Chen, Yi-hsuan, and 陳怡璇. "A Comparative Study of Legal Systems in Sheltered Workshops between the United States and Taiwan." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/79792401561344699708.
Full textAbstract:
碩士國立中央大學
法律與政府研究所
103
For people with disabilities, the rehabilitation services which can give help for disabled persons have a very important significance. Sheltered workshops belonging to a part of rehabilitation services , they provide not only vocational training services allowed disabled persons to cultivate their ability,but also provide sheltered employment to let disabled persons get jobs. Early, Taiwan sheltered workshops were set by supervisory authorities of utility agencies, having diverse features, including life care, strengthen vocational ablity and sheltered employment, but it was controversial that the positions of sheltered wokshops were not clear. In order to resolve the dispute, the current Disbilities Rights Protection Act stipulate that sheltered workshops are governed by the Department of Labor,and the functions of sheltered worshops are narrowed only on sheltered employment services. However, when the government pulls out the supporting role, sheltered workshops are challenged in many ways,such as individualizd vocational evaluation plans, same pay for same work and so on, therefore, it is necessary to re-examine the provisions of sheltered workshops. Provisions of the United States of sheltered workshops are made by the state governments themselves, and the Oklahoma has formulated the Sheltered Workshops Act in 2011, enhancing the status of the management and supervision in sheltered workshops to state law, regulating the management of sheltered workshops, preferential procurement, as well as the calculation standards of wage for people who are engaged in sheltered employment, and this situation was similar to Taiwan. In view of the systems in sheltered workshops of the United States, we can make up the shortcomings of our sheltered workshops in the management systems, in order to propose more adjustments to our legal systems in sheltered workshops.
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MENG, TSENG SHIH, and 曾世明. "Comparison on the Legal Systems of the Assembled Procession Act between Taiwan and Mainland China." Thesis, 2006. http://ndltd.ncl.edu.tw/handle/08588286754105444776.
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