Dissertations / Theses: 'Traditional laws'

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Shmueli, Merav. "State intervention in traditional family laws discriminating against women." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ54068.pdf.

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Chen, Yifu, and 陈一孚. "The compatibility of patent law and traditional Chinese medicine." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2013. http://hub.hku.hk/bib/B50533964.

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Traditional Chinese Medicine (TCM) is a medical system with a unique medical philosophy that continues to guide the contemporary turning out of new pharmaceutical formulae. The clinically-proved effective components of these formulae are being extracted by means of modern technology. Natural Chinese medicines account for approximately 30% of the global sales volume of all medicines, and the international market-size of the TCM industry is increasing rapidly. The TCM industry depends on the patent protection of the results of its R&D no less than does any other industry. However, the patent examination guidelines of many important jurisdictions are hostile to the granting of patents to TCM products and processes. This is partly attributable to the vast differences between the philosophies of TCM and Western medicine, and to the imperfect understanding in many jurisdictions (particularly where Western Medicine is dominant) of the former. To this considerable degree, patent law fails to accommodate the TCM industry. Consequently, the TCM inventor will be left open to the depredations of the ‘free-rider’ phenomenon, the circumstance in which the inventor loses the benefits of his invention, and his investment in it, to a purloiner. The research examines the compatibilities between patent law and TCM, and argues that patent policy shall be adjusted to better accommodate the characteristics of TCM. Other forms of IPR protection are also discussed in comparison with patent with the purpose of illustrating the significance of patent in protecting TCM inventions.
published_or_final_version
Law
Doctoral
Doctor of Philosophy

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Vetter, Henning. "International and selected national law on bioprospecting and the protection of traditional knowledge." Thesis, University of the Western Cape, 2006. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_1427_1183465033.

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This thesis discussed the subjects of bioprospecting and the protection of traditional knowledge. At first the international approach to the subjects was elaborately discussed. The focus was on the respective provisions of the United Nations Convention on Biological Diversity and the related Bonn Guidelines, stressing the matter of access to genetic resources and the fair and equitable sharing of benefits arising from their utilization. Enclosed in this discussion was the examination of different legislatory approaches to tackle the subject with an emphasis on national intellectual property rights laws and the role and potential merit of national registers of and databases for specific traditional knowledge. The way national legislators have implemented the concerned obligations of the convention, and their peculiarities as for example the restriction of scope of law to indigenous biological resources, was exemplified with the respective Bolivian, South African as well as Indian laws.

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Hugh, Brian Ashwell. "Traditional leadership in South Africa: a critical evaluation of the constitutional recognition of customary law and traditional leadership." Thesis, University of the Western Cape, 2004. http://etd.uwc.ac.za/index.php?module=etd&amp.

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The main objectives of this study were to identify the role that customary law and traditional leadership can play, without compromising their current positions or future recognition through legislation, in creating a better life for their constituents. The study analysed diverse issues such as legislative reform, the future role and functions of traditional leaders, training needs of traditional leaders, and the impact of a possible lack of commitment by national and provincial government on the training of traditional leaders to fulfill their functions within the ambit of the Constitution.

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麥栢文. "國際傳統醫藥政策法規的歷史回顧." HKBU Institutional Repository, 2012. http://repository.hkbu.edu.hk/etd_ra/1349.

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Mutema, Angela N. "The interface between customary laws of succession in the traditional justice system and the formal justice system in." UWC, 2020. http://hdl.handle.net/11394/7367.

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Doctor Legum - LLD
Traditional justice systems (TJS), which apply African customary law (ACL), play a significant role in the regulation of various cultural, social, and economic spheres of individual lives in society. It is estimated that 90% of African countries use TJS in dispute resolution. Succession matters form one of the areas in which TJS are applied. In Kenya, it is estimated that the majority of succession matters are addressed through TJS given that only 36% of cases are taken to the formal justice system (FJS) for determination. This indicates the presence of legal pluralism where formal law co-exists with African customary law. However, the application of customary succession laws and their enforcement by the FJS encounter impediments which curtail the integration of ACL within the FJS. Therefore, the purpose of this study is to determine the interface between African customary laws of succession in the TJS and the FJS. In order to achieve this objective the study applies the Historical School of Jurisprudence as its theoretical framework and applies document analysis as the research methodology. The major findings of the study indicated that though progressive recognition, application and enforcement of ACL in Kenya has been realised, there are several impediments to the integration and enforcement of customary succession decisions within the FJS. These include non-complimentary legal provisions, lack of in-depth knowledge on ACL by the FJS, and more importantly, lack of a policy guideline on the integration of ACL within the FJS. Based on these findings, this study finds it necessary to develop a guideline that will enhance the integration and enforcement of customary succession decisions by the FJS.

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Bloxham, Rebecca Ann. "Pattern language : a comparative study of the visual representations of natural laws by traditional cultures and contemporary science and mathematics." Thesis, Royal College of Art, 1991. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.600822.

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Ntwasa, Bayanda. "Traditional leadership and the use of cultural laws in land administration: implications for rural women's land rights in a transforming South Africa." Thesis, University of Fort Hare, 2009. http://hdl.handle.net/10353/134.

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This dissertation critically examines how traditional leaders use cultural laws to allocate land to women and to allow women to participate in land administration in communal areas. Given the government's commitment to gender equity in all spheres of life as stipulated in Section 9 (3) of the South African Constitution (Act 108 of 1996), the dissertation examines whether related legislation and policy (such as CLARA and TLGFA) alone can guarantee equitable access to land for women and their participation in land administration structures in communal areas where patriarchy dominates. In essence, the study interrogates whether state intervention through formalizing laws that govern land matters do achieve gender equity while cultural laws still exist in communal areas. Based on the view that land in communal areas is held by the state and administered by traditional leaders who have historically discriminated against women, the dissertation employs a case study method to examine whether cultural laws are exercised when women apply for a piece of land at the three levels of traditional authority viz: village, sub-village and traditional council levels in the Matolweni village of the Nqadu Tribal Authority. Although women are often the de facto rights holders in rural areas as a result of male migration to urban areas, findings seem to indicate that it is difficult and/or sometimes impossible to translate paper laws into practice while cultural laws are still operating. For effective transformation to occur, the study recommends that unless a strong women's rural movement emerges, coupled with a socialist feminist position that advocates for a radical transformation of rural society to defeat the patriarchal norms and standards, traditional leaders will continue to discriminate against women in land issues.

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Puckett, Robert Fleming. "The strange case of the landed poor : land reform laws, traditional San culture, and the continued poverty of South Africa's ‡Khomani people." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:ebaac8e4-d4be-462c-a035-f128101f9cbc.

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The ‡Khomani San people received lands in 1999 under the ‘restitution’ arm of South Africa’s land reform programme. Restitution laws, contained in the Restitution of Land Rights Act and the Communal Property Associations (‘CPA’) Act, seek not only to return lands to peoples dispossessed after 1913, but also to inculcate the ideals of South Africa’s dominant agro-pastoral-based society into defined, cohesive land-recipient ‘communities’. These ideals include centralised, hierarchical, representative, democratic leadership and decision-making structures that the West takes for granted. However, these concepts of control are not typically found among foraging or post-foraging peoples, who tend to base their societies on decentralised, small-group, egalitarian social structures that strongly oppose hierarchies, representation, or accumulation. Such social organisation remains intact even after these groups become settled or adopt non-hunting-and-gathering livelihoods, and today’s ‡Khomani self-identify as San, ‘Bushmen’, hunters, and indigenous people, despite their settlement and their adoption of varied livelihood strategies, including stock-farming. Among such groups, externally imposed governance structures tend to be viewed as illegitimate, and instead of the cohesion and order these centrally legislated structures seek to create, they instead engender dissent, conflict, and non-compliance. The ‡Khomani, as both a formerly scattered group of apartheid-era labourers and a cultural group of San people, have struggled with little success to plan and implement ‘development’, infrastructure, and livelihood projects on their lands and have ‘failed’ to operate the Restitution and CPA Acts’ required ‘community’ land-ownership and decision-making structures successfully. Thus, restitution has failed to bring the socio-economic improvements that the new ‡Khomani lands seemed to promise. Since 2008, however, the government has temporarily taken governance and approval authority from the ‡Khomani, which has led to the creation of smaller, behind-the-scenes governing bodies, as the ‡Khomani have begun taking the reins of power in their own ways. Such bodies, including the ‡Khomani Farmers’ Association and the Bushman Raad, have begun achieving some successes on the ‡Khomani farms in part, it is argued, because they allow the ‡Khomani to reproduce the focused, non-hierarchical, small-group structures that are more suitable to them as a non-cohesive group and more culturally appropriate to them as San people. The South African government, with appropriate protections for abuse of power, should provide the space within land reform laws to allow land-recipient groups to make decisions, govern themselves, and manage their lands according to their own community realities and their own conceptions of leadership and social organisation.

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Afari-Twumasi, Lucy. "Traditional and cultural practices and the rights of women : a study of widowhood practices among the Akans in Ghana." Thesis, University of Fort Hare, 2016. http://hdl.handle.net/10353/2844.

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The study investigates the human rights violations that underlie widowhood practices in Cape Coast and Komenda in the Central Region of Ghana. Review of the relevant literature on widowhood practices suggests that widowhood practices are a global cultural phenomenon, which is not confined to Sub-Sahara Africa. A survey of relevant studies on the phenomenon suggests that there are two competing perceptions on African widowhood practices: (1) a dominant negative perspective and (2) a minor positive perspective. The dominant negative perspective, which receives overwhelming research attention, focuses only on the negative characteristics of widowhood while the minor positive perspective which receives scanty research attention, rejects the criticisms levelled against widowhood practices as being externally influenced by Christianity and Western Feminism. Various stakeholders within the Akan community were given an opportunity to retell their own versions of widowhood practices. In order to achieve this purpose, the research extracted competing narratives from all the multiple sample subgroups of the proposed study: widows; widow family heads; chiefs; widowhood ritual practitioners; elderly female supervisors of widowhood practices; an official from the Commission for Human Rights and Administrative Justice (CHRAJ); an official from the Ministry of Women and Children Affairs (MOWAC); and an official from the Domestic Violence and Victims Support Unit (DOVVSU) of Ghana. The study found out that despite legislative intervention and policy frameworks, the practice still persist among the Akan communities in Ghana. The reasons for the continued existence of such rituals are explained followed by recommendations for possible solutions.

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Diriwari, Wilson Ola. "Efficacy of the legal frameworks for child protection in Nigeria." Thesis, Brunel University, 2017. http://bura.brunel.ac.uk/handle/2438/14781.

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This research evaluates the potential challenges to a total eradication of child trafficking in Nigeria. The magnitude of the problem, as well as its despicable nature, triggered increasing legislations in Nigeria in recent years. This research shows that despite the remarkable efforts in term of law and policy approaches the problem appears to persist. The objective of the research is to demonstrate that law and policies approaches to addressing the issue are not proving effective. It appears that several socio-cultural issues related to child trafficking remain unaddressed. Despite the wealth of knowledge in relation to the topic there is a gap in literature. Indeed the existing gap in literature regarding child trafficking in Nigeria is evidenced by the fact that no adequate way forward has been indicated to overcome the phenomenon. In an attempt to fil the existing gap this research inquires whether the non-achievement of goals in combatting child trafficking is imputable to the lack of toughness in the spirit of the laws and policies or the lack of efficacy due to ineffective implementation and enforcement. By proving the appropriate answers to these crucial questions the research may not only fil the existing gap in literature by also offer the adequate approach to be taken by law and policy makers and other stakeholders in the fight against child trafficking to overcome the problem. The approach taken in conducting this research is textual analysis or doctrinal analysis and deconstruction of the enforcement mechanisms of human trafficking laws and policies in Nigeria in general. However Nigeria has sufficiently domesticated international human trafficking legislation and Human Rights instruments, the issue of enforcement remains a crucial element in achieving the ultimate goal of total eradication. Where such prospect appears unattainable, it is necessary to adopt a holistic approach to combatting child trafficking in order to achieve the ultimate goal of total eradication.

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Matlanyane, Letlatsa. "Local government in post-1993 Lesotho : an analysis of the role of traditional leaders." Thesis, Bloemfontein: Central University of Technology, Free State, 2013. http://hdl.handle.net/11462/240.

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Thesis ( M. Tech. (Public Management )) - Central University of Technology, Free State, 2013
Traditional Leaders (Chiefs) historically served as “governors” of their communities with authority over all aspects of life, ranging from social welfare to judicial functions. The Basotho generally hold Chiefs in high esteem, continue to turn to them for assistance when conflict arises, depend on them for services, such as birth and death registration and regard them as integral and relevant role-players in local governance. Although many countries in Africa maintain a system of Traditional Leadership and many have incorporated Traditional Leaders into democratic forms of government, a concern exists in some quarters that Chieftainship in Lesotho may present a challenge to democratic governance and development. Similarly, local government structures created by the current decentralisation processes are perceived by many as deteriorating the authority of Chiefs. According to the Constitution of Lesotho, 1993 (Act 5 of 1993), the co- existence of the Chiefs and local Councils are legitimised. Under the legislation governing this process (the Local Government Act, 1997 (Act 6 of 1997), some of their powers and functions have been transferred to local government structures. The major sources of conflict between Chiefs and Councillors appear to be uncertainty and confusion around roles and functions of the various role-players created by the legislative and institutional framework and the loss of power and status that many Chiefs feel. Some of this confusion may be a deliberate form of resistance to the changes, but it is apparent that legislative clarity is required and that the roles and functions of all role- players need to be clearly defined and understood if development is to take place in a coordinated way. The inclusion of two Chiefs in each Community Council as well as two in District Municipalities would seem a genuine attempt to ensure that Chiefs are not marginalised in this modern system of local governance in Lesotho. The high proportion of Traditional Leaders (Principal Chiefs) in the Senate is a clear indication of the pre-eminence of the institution of Chieftaincy (Traditional Leadership) in Lesotho. On the other hand, the National Assembly is completely elected and consists of 120 members, elected through the so-called Mixed–Member-Proportional representation model. Although Chieftaincy is part of this organ of the state, it has limited powers in the legislative process and general decision-making processes outside Parliament. These powers are instead a jurisdiction of the elected representatives in the National Assembly. A similar set up exists at the local government level where Councillors enjoy decision-making powers with Chieftainship structures, such as the village, area and ward Chiefs role being ambiguously defined. It is very clear that the co-existence of the two institutions is a very crucial and challenging one. This co-existence has raised a number of political, developmental and conceptual problems and problems and challenges that have not been adequately addressed, let alone resolved. One of the problems is the anomalous situation in which people are simultaneously citizens of the state and subjects of the Chiefs. Other challenges include, amongst others, contradicting legislation, revenue constraints, a lack of human resource capacity, poor stakeholder management, the increasing rate of HIV/Aids in Lesotho, and so forth. Possible causes of these challenges had been investigated as well as how they can be managed or minimised in order to enable Chiefs to play an effective role in a modern democracy. With this research study an attempt was made to explore the role of Traditional Leaders in the current system of local government in Lesotho and how to improve Chieftainship as a strategy to complement governance at the grassroots level. The term “Chiefs” is used in this research study as synonymous to Traditional Leaders, because it is the term used in all legislation dealing with Traditional Leaders in Lesotho and it includes Principal Chiefs, Area Chiefs, Chiefs and Headmen, unless the context clearly indicates otherwise.

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Herne, Stephen Charles. "A jurisprudence of difference : the denial of full respect in the Australian law of native title." University of Western Australia. Law School, 2009. http://theses.library.uwa.edu.au/adt-WU2008.0262.

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Perrin, Benjamin. "An emerging international criminal law tradition : gaps in applicable law and transnational common laws." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101824.

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This thesis critically examines the origins and development of international criminal lave to identify the defining features of this emerging legal tradition. It critically evaluates the experimental approach taken in Article 21 of the Rome Statute of the International Criminal Court, which attempts to codify an untested normative super-structure to guide this legal tradition.
International criminal law is a hybrid tradition which seeks legitimacy and answers to difficult questions by drawing on other established legal traditions. Its development at the confluence of public international law, international humanitarian law, international human rights law and national criminal laws has resulted in gaps in difficult cases with no clear answers. These lacunae have been filled by recourse to judicial discretion, exercised consistent with Patrick Glenn's theory of transnational common laws, and by privileging one of the competing aims of international criminal law: enhancing humanitarian protection versus maximizing fairness to the accused.

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Ringlander, Martin, and Jonas Svedevall. "När lagar och konventioner krockar : En studie om skolans sätt att uppmärksamma högtider och traditioner." Thesis, Linköping University, Department of Social and Welfare Studies, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-12003.

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Vår undersökning är en kvalitativ studie som grundar sig på intervjuer med elever och lärare i den kommunala grundskolan i Sverige. Syftet var att undersöka hur kommunala skolor uppmärksammar traditioner och högtider samt hur skolavslutningar hanteras i förhållande till rådande lagar och styrdokument. Resultatet visade att det finns en skillnad i hur eleverna uppfattar högtider och traditioner samt hur viktiga de är. Resultatet visar även att den kommunala skolan ibland bryter mot grundlagen genom att göra skolavslutningar i kyrkan till ett obligatorium.

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Zhuang, Chuanjuan. "Protection juridique du savoir-faire traditionnel en médecine : comparaison entre le droit français et le droit chinois." Thesis, Toulouse 1, 2017. http://www.theses.fr/2017TOU10058/document.

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De par le monde, même dans ses territoires les plus reculés, et depuis des siècles parfois, des hommes et des femmes partagent et cultivent des ressources biologiques et des savoirs qu’ils utilisent pour pratiquer la médecine. Afin de pouvoir se développer, être valorisés ou simplement subsister, ces savoir-faire traditionnels en médecine ont besoin d’être protégés, notamment contre la biopiraterie et les brevets prédateurs. Dans cet objectif, afin de comprendre et d’expliciter le champ des possibilités, la présente étude envisage la protection de ces savoirs traditionnels sous divers angles juridiques qui dépassent généreusement les frontières nationales. À cette fin, elle entreprend de caractériser ce qu’est un savoir-faire traditionnel en médecine et d’en établir un portrait historique et législatif. Elle explore ensuite les possibilités protectrices et les écueils du droit de la propriété intellectuelle, mais aussi de nombreuses ouvertures juridiques existantes. Parmi celles-ci sont présentés des législations sui generis et les principaux accords internationaux, au rang desquels émergent la Convention sur la diversité biologique (CDB) et le Protocole de Nagoya, déclinés par quelques nations dans leur législation, de façon hétérogène. Pour parvenir à ses conclusions, cette recherche s’est appuyée sur un fil conducteur tendu entre deux pays emblématiques, la France et la Chine
Throughout the world and even in remote territories, and for centuries, men and women grow and share biological resources as well as knowledge which they use to practice medicine. This traditional know-how in medicine need to be protected, in particular against biopiracy and predatory patents in order to be able to develop, be valued or merely exist. To that end, in order to understand and clarify the field of possibilities, this study considers the protection of this traditional knowledge from various legal perspectives which go beyond national borders. This study first undertakes to define what a traditional know-how in medicine is and to establish a historic and legal overview. Then, it explores the protective possibilities and the pitfalls of intellectual property laws as well as the numerous existing legal openings. Among these are presented sui generis legislations and major international agreements, to the rank of which emerge the Convention on Biological Diversity (CDB) and the Nagoya Protocol, described in a heterogeneous way by several nations into their legislation. In order to achieve these conclusions, this research relied on a main thread stretched out between two iconic countries, France and China

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Le, Thanh Tu. "L’étude comparative de l’encadrement juridique de la médecine traditionnelle au Vietnam, au Cambodge et au Laos." Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0119.

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Dans les trois anciens pays indochinois, le Vietnam, le Cambodge et la RDP Lao, la médecine traditionnelle rencontre un succès grandissant auprès de la population. Conscients de l’importance de la médecine traditionnelle, les trois gouvernements l’ont reconnue et intégrée, chacun différemment, dans leur système de soins de santé national. L’encadrement juridique de cette médecine millénaire diffère d’un pays à l’autre. La législation de la médecine traditionnelle du Cambodge demeure particulièrement faible. De plus, de nombreux problèmes persistent et menacent la préservation et le développement de cet héritage précieux. Avec l’aide de partenaires internationaux, les trois gouvernements aséaniens tentent de renforcer l’encadrement juridique de leurs médecines et de leurs pharmacopées traditionnelles
In the three former Indochinese countries, Vietnam, Cambodia and PDR Lao, traditional medicine success is growing among the population. Recognizing the importance of traditional medicine, the three governments have recognized and integrated it in a different way into the national health care system. The legal framework of this millennial medicine differs from one country to another. Traditional medicine legislation in Cambodia remains particularly weak. Moreover, many problems persist and threaten the preservation and development of this precious heritage. With the help of international partners, the three ASEAN governments are trying to strengthen the legal framework for their traditional medicines and pharmacopoeias

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Mbete, Asanda Nodolly. "Evaluating the impact on the girl child through the criminal activities associated with the practice of ukuthwala." University of the Western Cape, 2020. http://hdl.handle.net/11394/7323.

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Magister Philosophiae - MPhil
Ukuthwala is an ancient cultural practice that has been exercised in various parts of South Africa, especially in the Eastern Cape. It occurs in different communities and is informed by traditional beliefs. The man’s family devises a plan to bring the girl to their compound without her knowledge. In some instances, this plan is formulated together with the girl’s family, but when the man’s family acts without the prior knowledge of the girl’s family, they are obligated to inform them by means of a letter, or by delegating a family member, that their daughter is not missing. Furthermore, the man’s family will request a day with the girl’s family for lobolo (dowry) negotiations for the girl. The girl’s family will oversee the process of ukuthwala to ensure that all the requirements are met and that there is mutual understanding between the families; however, this is done without the involvement of the girl child (Mjwara, 2014).

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Marble, Jacob Earl. "A Comparison of Traditional and Virtual Labs in Physics." Thesis, Piedmont College, 2018. http://pqdtopen.proquest.com/#viewpdf?dispub=10744612.

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This study investigated whether or not lab type, traditional lab or virtual lab, influenced students’ engagement. To measure student engagement six students were videoed over the course of an 18-week semester while conducting 10 lab experiments. To analyze student engagement, a systematic visual comparison in the tradition of single case research design was utilized. The results from the video analysis showed that there was no difference in engagement based on lab type. This study also investigated whether or not lab type, traditional or virtual, affected the ability to make real-world connections. The real-world connection data consisted of students from two separate semesters. An expert panel of teachers from various school districts were utilized to develop the questions and the rubric used to determine how well students made real-world connections. A repeated measures ANOVA was used on the real-world connection data. The results from the ANOVA did yield statistically significant results, but the lab order had a statistically significant effect on mean scores and variance. These results indicated that lab type was only one of many variables that influence the dependent variables.

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Msomi, Zuziwe Nokwanda. "The protection of indigenous knowledge within the current intellectual property rights regime: a critical assessment focusing upon the Masakhane Pelargonium case." Thesis, Rhodes University, 2013. http://hdl.handle.net/10962/d1007744.

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The use of indigenous knowledge (IK) and indigenous bio-resources by pharmaceutical and herbal industries has led to concerns about the need to protect IK in order to prevent biopiracy and the misappropriation of indigenous knowledge and resources. While some commentators believe that intellectual property rights (IPR) law can effectively protect IK, others are more sceptical. In order to contribute to the growing debate on this issue, this study uses the relatively new and as yet largely critically unanalysed Masakhane Pelargonium case to address the question of whether or not IPR law can be used to effectively protect IK. It is argued here that discussion about the protection of IK is a matter that must be located within broader discussions about North-South relations and the continued struggle for economic and political freedom by indigenous people and their states. The Masakhane case suggests that IPR law in its current form cannot provide sufficient protection of IK on its own. Incompatibilities between IPR law and IK necessitate that certain factors, most important of which are land, organised representation, and what are referred as 'confidence and network resources', be present in order for IPR law to be used with any degree of success. The study also reveals various factors that undermine the possibility of using IPR law to protect IK. In particular, the study highlights the way in which local political tensions can undermine the ability of communities to effectively use IPR law to protect their knowledge. The thesis concludes with several recommendations that will enable indigenous communities and their states to benefit more substantially from the commercialisation of their bio-resources and associated IK.

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Grant, Heather Marie. "The student experience in traditional and inquiry-based chemistry labs." Montana State University, 2011. http://etd.lib.montana.edu/etd/2011/grant/GrantH0811.pdf.

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This project introduced two inquiry-based labs to an existing sequence of traditional labs in a sophomore chemistry class. The student experience in both types of lab instruction was examined through surveys, interviews, misconception probes, pre- and post-lab content quizzes, and student-teacher communication logs. It was found that both types of lab instruction had strengths and potential weakness, which indicate areas that require particular attention when using each instructional method.

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Hempel, Charlotte. "The laws of the Damascus document : sources, tradition and redaction /." Leiden ; Boston ; Köln : Brill, 1998. http://catalogue.bnf.fr/ark:/12148/cb37032103r.

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Vermeylen, Saskia A. F. "Between law and lore : the tragedy of traditional knowledge." Thesis, University of Surrey, 2007. http://epubs.surrey.ac.uk/1057/.

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Ngobeni, T. P. "Mpimanyiso wa masungulelo ya ndyangu wa ndhavuko na wa manguva lawa wa vatsonga." Thesis, University of Limpopo, 2019. http://hdl.handle.net/10386/3187.

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Thesis (M. A.(African Languages)) --University of Limpopo, 2019
My study investigates the establishment of a family institution with special reference to Vatsonga.The study will focus on comparing the traditional with modern ways of establishing a family institution. The study aims at investigating values and principles behind strong foundations upheld by old people regarding families. The study could lay a foundation for scholars’ further investigative studies on establishment of African traditional families. The study will serve as a reference in times of family crisis for potential readers. It is going to employ a qualitative research approach where unstructured interviews will be used to engage participants with relevant information. The study will engage twelve participants (six male and six female) elderly people who have experience in traditional family establishment whose ages range from fifty-five and above. It will be conducted around Malamulele area in Vhembe District of Limpopo and it will be conducted in Xitsonga.

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Costache, George Daniel. "Rethinking traditional source concepts in a digital economy." Thesis, Uppsala universitet, Juridiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-383617.

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The purpose of this thesis is to provide meaningful understanding of the current state of business activities, which generates the need for implementing new taxing measures, analyse the challenges arising from this need, as well as their cause. Furthermore, the aforementioned challenges will be explained in the context of existing traditional taxing systems and proposed measures will be analysed. After reading this thesis, the goal is for the reader to be able to understand current trends and to gain an idea of how states might try to harmonize their taxing systems in order to meet the requirements set out by the rapid digitalization of companies.

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Mahmood, Hajara. "Conversion of Traditional Observation-Based Botany Labs to Investigative Inquiry Learning." TopSCHOLAR®, 2008. http://digitalcommons.wku.edu/theses/21.

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“Tell me and I forget, show me and I remember, involve me and I understand.” - Chinese Proverb. Involvement in learning implies possessing skills and attitudes that permit students to seek resolutions to questions and issues while constructing new knowledge. Low enrollment in Plant Biology and Diversity and upper level plant science courses has been noticed at Western Kentucky University. In addition, graduating students performed below the national average on the senior assessment examination in the area of botany content knowledge offered by WKU’s Biology Department. This may be due to the fact that observation-based botany has been taught in a traditional way for biology majors at our university for many years. Traditional teaching methods include viewing prepared slides of plant sections, viewing live and herbarium specimens, and memorization of botanical terminology and illustrations. The goal of this study is to convert these existing traditional laboratories to investigative inquiry exercises without compromising the material covered by bringing observation-based labs into the twenty-first century. Various teaching strategies including inquiry, problem-based, case-based, and hands-on learning methods were implemented. Each exercise was reshaped around a central question or theme. These changes were expected to increase student learning and retention levels. Traditional teaching methods were used with the control group, while contemporary teaching strategies were used with the experimental set of students. Traditional assessments and anonymous surveys were statistically analyzed. The results of my analyses suggest that the experimental students were more challenged, interested, intellectually stimulated and less overwhelmed with contemporary teaching strategies and overall had higher learning retention demonstrated by their performance on assessments. Moreover, I predicted that an investigative approach will encourage larger numbers of students to take this restricted elective sophomore-level course for biology majors and further their study in plant biology.

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Qutieshat, Enas M. "Traditional contract law in the electronic environment : evolution or revolution?" Thesis, University of Aberdeen, 2010. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=158831.

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This thesis will examine issues related to the formation and validity of electronic contracts on a comparative basis between the English, American and UNCITRAL approaches. When examining the English approach, reference will be made to relevant EC Directives in relation to the subject matter. This thesis has four main objectives. First, to assess the impact of using electronic communication tools to reach agreement. Second, to identify some key points that should be considered when examining the formal validity of electronic contracts. Third, to establish a foundation for having a valid contract in which rights and obligations could arise accordingly. Finally, this thesis aims to identify whether the traditional contract law rules are able to meet the challenges that are brought by the use of electronic communication tools, or whether they require reform. It will be noticed throughout that electronic contracts come in different types. This leads to difficulty with introducing one rule to cover all types of electronic contracts. Furthermore, some concerns arise when electronic communication tools are used to form contracts as to the exact time of contracting. Other concerns arise when trying to fulfil some legal formalities such as writing and signature. This is because of the special and dual nature of electronic data and the possibility of using different types of signature methods in cyberspace. Finally, it is important to consider taking steps to update some of the current contract law rules to work alongside the electronic technology revolution. Some aspects of the traditional contract law rules become challenging when applied to electronic contracts. For example, the issues of contract formation and the use of electronic and intelligent software require direct attention when considering the issue of e-contracts. The reference to such challenging well-established contract law rules is necessary throughout this thesis, however, since the current rules which deal with electronic commerce in general and electronic contracts in particular do not cover all the issues that are related to electronic contracts. Lastly, this thesis will sound the alarm on the need to raise the legal awareness of both online users and website developers when contracting online. Chapter Two will assess the use of electronic communication tools to form such contracts, and the sorts of problems that could arise as a consequence. Chapter Three will highlight whether or not electronic contracts can be considered written and signed when the law imposes such requirement. This chapter will also seek to determine whether there is a need for such formalities in cyberspace. Chapter Four is designed to deal with selected issues of material validity of electronic contracts. This chapter is essential when considering all types of electronic contracts, including formal ones. It will consider issues that are related to mutual assent in cyberspace, and the problems that could arise with web-based contracts in relation to these.

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Jacobs, Cislé Stella. "Patents of traditional medicine inventions and their relationship with traditional knowledge associated with genetic resources in Namibia: proposals for legal reform." Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/25000.

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The study recognises the significant biotechnical role of the pharmaceutical industry in developing and processing traditional medicine into safe and efficacious drugs and vaccines and how patent law assist this achieving this end. The study argues that patenting of traditional medicine inventions is possible without encroaching on the protection accorded to TK associated with GRs. It further argues that through the implementation of a disclosure requirement for all patent applications of inventions which are based on or derived from TK associated with GRs, misappropriation of TK and GRs can be prevented in Namibia. To this end, the study identifies key concepts and legal instruments both internationally and regionally i.e. the Convention on Biological Diversity, 1993, the TRIPS Agreement, 1994 and the Swakopmund Protocol on the Protection of Traditional Knowledge and Expressions of Folklore, 2010; which provides for TK, GRs and patent laws. The study further analysed how Namibia translated international obligations to its legal framework. A comparative analysis is produced between Namibia and South Africa to determine which system is most suitable for Namibia.

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Lassonde, Marie-Claire. "The protection of indigenous medicinal knowledge in international intellectual property law /." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78220.

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For 20 years, and more intensively during the last decade, indigenous knowledge has challenged the regime of intellectual property. If this field of law has been, in the past, challenged by new technology, it is now, with the problematic of indigenous medicinal knowledge, put to the test by "old invention". The present thesis examines the status of indigenous medicinal knowledge in international intellectual property law. Thus, we will proceed to the study of the main international conventions and the common regime of intellectual property law in order to determine the treatment accorded to medicinal indigenous knowledge within the actual system. The role that intellectual property could play in the future will also be examined.

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Ngema, Phumelele O. P. "Constitutional rationalisation of legislation dealing with traditional justice system." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/18616.

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My thesis addresses the question of whether an imposed traditional justice system operating through traditional courts is still relevant in South Africa. I interrogate whether traditional courts are necessary in a constitutional democracy outside of the existing western type courts system. The Constitution, in terms of chapter 12, recognises traditional leaders and enjoins government to enact national legislation that provides for the role of traditional leadership at a local level. As a unitary democratic state with diverse cultures, the Constitution also acknowledges and grounds diversity which could be interpreted as permitting legal pluralism. I argue that the Constitution envisages recognition and application of the indigenous system within the existing courts of law and subject to the Constitution. Traditional leaders must be recognised in line with the injunction that customary law must be developed and applied by courts. Any other different construction on how traditional courts may be rationalised promotes the interest of traditional leaders and creates an unstable pluralist legal system enabling inequality and discrimination contrary to constitutional imperatives.

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Li, Zhanjiang Joseph. "The traditional Chinese parents' role and matrimonial consent." Theological Research Exchange Network (TREN), 1999. http://www.tren.com.

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Kennedy, Chloe Jane Sophia. "Criminal law and the Scottish moral tradition." Thesis, University of Edinburgh, 2014. http://hdl.handle.net/1842/17935.

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This thesis presents an account of the development of Scots criminal law which concentrates on the influence of the Scottish moral tradition, as epitomised by Calvinist theological doctrine and Scottish Enlightenment moral philosophy. It argues that there are several crucial but seldom-acknowledged points of similarity between the Calvinist aim of creating a holy community and key tenets of eighteenth century Scottish moral thought, which rest upon community-oriented conceptions of the nature of morality and society. Both these shared conceptions and the particular ways they are expressed in Calvinist creed and Enlightenment philosophy are shown to have had a bearing on the way that Scots criminal law changed over time. The areas in which this influence is demonstrated are: the scope and principles of the law, i.e. the type of conduct that was punishable and the arguments that were put forward to justify its prohibition; the attribution of criminal responsibility (and non-responsibility); and the importance of mental state. It is argued that in each of these discrete areas changing perspectives on the nature of morality and human agency had a palpable impact on both legal doctrine and practice. When these different areas of the law are viewed as a whole and in historical perspective, the formative force of the Scottish moral tradition becomes clear and its influence can be seen to have extended into the contemporary law. The thesis therefore provides an original interpretation of the history of Scots criminal law by considering its sources and institutions from hitherto unexplored theological and moral perspectives, whilst simultaneously enhancing scholarly appreciation of certain aspects of the contemporary law that appear unusually moralistic. It also makes a broader contribution to socio-historic scholarship and strengthens its position as a recognised and worthwhile discipline by illustrating, using a concrete legal system, how legal history can enhance debates within criminal law theory and vice versa.

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Eastman, Michael. "Reach out and be healed : constitutional rights to traditional African healing." Master's thesis, University of Cape Town, 2009. http://hdl.handle.net/11427/4673.

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Includes abstract.
Includes bibliographical references.
The introduction of the Traditional Health Practitioners Act 22 of 2007 has made lawful the practice of traditional healing. As everyone has the right of access to health care services, the question of whether the state bears a duty to reasonably provide access to traditional healing as an element of its public health care service, is raised. In a democratic society, law must be responsive to the needs of the populace. Ethnographic fieldwork demonstrates that traditional healing is used not in opposition to, but as a complementary twin of, biomedicine. Considering this, it shall be argued that economically, socially and medically, the incorporation of traditional healing into the public health care service is neither appropriate nor required by the Constitution.

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Lin, Chao-Chih. "The development from traditional reinsurance to alternative risk transfer in current law." Thesis, University of Southampton, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.582664.

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Contemporary Physics is testing the boundaries of one of its existent paradigms, the Standard Model of Particle Physics. In recent years many attempts have been made in order to overcome the difficulties arising within this well-known framework. Along with the effort made on the experimental side, for example the search for the Higgs boson at the Large Hadron Collider, there is a present requirement for testable theoretical scenarios describing Physics beyond the current paradigms. To this purpose we consider the type I Seesaw extension of the Standard Model, in which the neutrino mass puzzle is possibly solved and the baryon asymmetry of the Universe explained via Leptogenesis. After reviewing the basis of the Seesaw mechanism and its recent developments we present a rigorous investigation which confirms the validity of the adopted description. Encouraged by this success we then employ the interplay of light and heavy neutrino flavour effects to address the problem of initial conditions in Leptogenesis. Our analysis identifies the T N2-dominated scenario as the only possible answer, proposing a well defined setup in which successful strong thermal Leptogenesis is achieved. Attracted by the properties of our solution we consequently investigate its compatibility with the SO(lO)-inspired model of Leptogenesis. The result is indeed intriguing: the strong thermal solutions of the SO(lO)-inspired model deliver sharp predictions on the low- energy neutrino parameters that fall within the reach of future neutrino experiments, opening up the possibility of a full test of this attractive Leptogenesis scenario.

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Sinkala, Ruth M. "Protection of Traditional Medical Knowledge in the Patent System: Is There Room?" Thesis, Uppsala universitet, Juridiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-324724.

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Traditional knowledge (TK) is a vital component of the lives and wellbeing of many traditional communities or groups worldwide. The value of TK extends to numerous aspects of life including the health sector. In Africa, up to 80% of the population use traditional medicine or employ medicinal use of indigenous plants. Although TK in the medicinal use of plants (Traditional Medical Knowledge – TMK) is applied extensively in the traditional community set up, it is evident that the use of adaptations of traditional medicines is becoming ever popular. TMK has therefore become the basis of much research, development and technological advancement in developing conventional drugs in the pharmaceutical industry which are eligible for patenting whose active component or key healing property is based on traditional medicine. Patents are obtained by researchers and companies for inventions based on TMK and this is often done without any acknowledgement or compensation flowing back to the traditional communities. Significant amounts of money are generated from these inventions. TMK is knowledge worthy of protection, however the pertinent question which this thesis seeks to explore is whether the patent system is best suited to protect African TMK or whether protection should be sought outside the traditional patent system. It further seeks to explore the operation and scope of the protection offered by the Swakopmund Protocol of the African Regional Intellectual Property Organization and to peer into the operation of the Protocol at a national level using the Republic of Zambia as a case study.

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Mkwentla, Nelson Koala. "The legal effect of a coup d'etat on traditional constitutional concepts." Thesis, Rhodes University, 2002. http://hdl.handle.net/10962/d1003199.

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This thesis deals with constitutional law and other legal subjects such as Jurisprudence and Judicial Review. One constitution is distinguishable from another by its own provisions. These provisions are usually referred to as either the basic characteristics or features of the particular constitution and these are invariably derived from the basic political philosophy and constitutional arrangements of the particular country. A coup affects these characteristics in different ways. Some automatically disappear as being incompatible with the revolution; some are modified, others are strengthened. The usurpers may choose to set aside the constitution completely and replace it with another, or amend it to suit the new situation, or rule without any constitution. This often happens amidst the rattle of weapons and the whirr of military engines in and around the capital of a given country on that awesome occasion. This thesis sets out to examine the legal aspects of a coup d’ etat. The thesis is divided into six broad sections. Part one will deal with the theoretical background. I shall discuss an overview of Kelsen’s pure theory of law. The second part deals with the scope of its application in revolutionary situations and will also touch upon the reason behind the Kelsen’s theory as shown by decided cases from country to country. The third part deals with the essence as well as the significance of the doctrine of necessity to validate unconstitutional acts in the case of a coup d’ etat. This discussion is to pave the way for the fourth part which is to explore the position of judges who took oath of office under the old constitution. I am to explain their position after a coup d’ etat. The fifth part forms the gist of my research. I shall examine the effect of a coup d’ etat on traditional constitutional concepts such as fundamental rights, separation of powers, rule of law and judicial review in the military regime. The sixth part will deal with African experience. I shall include recommendations and conclusions drawn from the Lesotho and Uganda experiences.

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Occhipinti, Charles William. "KHAEN PERFORMANCE: AN AMERICAN PERSPECTIVE ON TRADITIONAL PEDAGOGICAL PRACTICES." Kent State University / OhioLINK, 2020. http://rave.ohiolink.edu/etdc/view?acc_num=kent1605727511721386.

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Gatien, Sean M. "Reconciling international environmental norms and traditional international law, the emerging jurisprudence of responsibility." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/mq24967.pdf.

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Publicaciones, Comisión de. "The influence of populism on traditional models of creation and application of law." Derecho & Sociedad, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/117854.

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The present paper seeks to make a brief exposition of the different conceptions about the idea of justice related to Law that have been given though history, from the creationist and applicable perspective of the rules. It is also a question of reflecting on the effects that populism used by political authorities in recent years has on these traditional legal models.
El presente artículo busca realizar una breve exposición de las distintas concepciones acerca de la idea de justicia ligada al Derecho que se han dado a lo largo de la historia, desde la perspectiva creacionista y aplicativa de la norma. Asimismo, se trata de brindar una reflexión acerca de los efectos que el populismo empleado por las autoridades políticas en los últimos años tiene en estos modelos jurídicos tradicionales.

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Etienne, Aubrey Olivier. "Corporate capacity, special purpose vehicles, and traditional securitisation in South African company Law." University of the Western Cape, 2019. http://hdl.handle.net/11394/7635.

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Doctor Legum - LLD
The ideals of shareholder and creditor protection are affected by legislation pertaining to the validity of a company’s transactions. Until legislative reforms introduced in the twentieth century, a company’s capacity and the ultra vires doctrine traditionally limited the company’s ability to contract. Therefore, the legal framework regulating corporate capacity influences a company’s interactions with outsiders. The goal of the law in this regard should be to facilitate commerce while providing adequate protection to all affected stakeholders. South Africa’s Companies Act 71 of 2008 (the Act) contains several novel provisions regarding a company’s capacity, the desirability of which is questionable. Special purpose vehicles (SPVs) are used for various purposes in commerce, from asset holding in the financial services sector to concluding complex financial functions in corporate finance. For instance, traditional securitisation is a financial engineering technique that makes use of corporate SPVs. Traditional securitisation is a valuable risk management, earnings management, and corporate financing tool. Incorporators of securitisation SPVs often include capacity restrictions in the constitutions of such entities as a means of reducing the likelihood that the SPV will be subject to liquidation proceedings.This thesis analyses the capacity provisions in the Act to determine whether they provide a commercially desirable framework to facilitate the activities of SPVs used in traditional securitisation schemes. The thesis argues that the capacity provisions in the Act in their current form are undesirable because they place third parties at too great a risk in exchange for inconsistent and unreliable shareholder protection. Executory ultra vires contracts concluded by limited capacity companies are at the same time valid and capable of being restrained by a single shareholder, director or prescribed officer of the company. It is argued that the Act’s approach to corporate capacity is detrimental to commercial certainty and creditor protection, and that capacity restrictions under the current framework do not provide any more shareholder protection than ordinary authority limitations would. Consequently, it is argued that the capacity provisions in the Act do not make a positive contribution to the “insolvency-remoteness” of SPVs used in traditional securitisation schemes. It is recommended that the capacity provisions in the Act should be substantially amended, or deleted.

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Moutendi-Mayila, Henri Ulrich. "La prise en compte du surnaturel dans un système de droit : l'exemple du droit gabonais." Thesis, Paris 11, 2011. http://www.theses.fr/2011PA111010.

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Le droit traditionnel était un système juridique co-religieux, où l’invisible et le sacréjouaient un rôle prépondérant. Le surnaturel et le droit existaient en une sorte d’osmose, l’un àcôté de l’autre. Le droit utilisait le surnaturel comme auxiliaire mais le réprimait aussi dansses aspects négatifs. Avec l’intrusion de la civilisation occidentale durant la période coloniale,le colonisateur va imposer au Gabon son droit malgré sa promesse de respecter les coutumeslocales.L’accession du Gabon à la souveraineté internationale s’est traduite également,lorsqu’il s’est agi de disposer des lois d’un Etat indépendant, par l’adoption quasi-totale desdroits d’inspiration occidentale dits droits modernes. Cependant, le législateur a, dans unecertaine mesure, oeuvré pour le maintien dans certains domaines des droits traditionnels.Toutefois, l’adaptation du droit moderne aux réalités sociales gabonaises ne va pas sans poserdes problèmes d’application auxquels il faudra apporter des solutions. Au niveau législatif, lelégislateur devra préciser autant que possible les lois par lui adoptées afin d’éviter desincriminations ouvertes. Au niveau juridico-judicaire, l’action des pouvoirs publics devras’opérer au niveau de la formation et de la mise en place des banques de données coutumières
Traditional law was a legal system associated with religion where the invisible andsacred matters played key roles. The supernatural and Law mingled in some type of osmose.Law used supernaturalism as contingency on one hand on the other hand it was rejected dueto its negative aspects. The infiltration of western civilization in Gabon through the colonialsystem will build the path to establish the western legal system by pushing aside the locallegal system. The infiltration of western civilization during the colonial occupation, created aperfect path to introduce and to enforce western legal system in Gabon despite the promise torespect the local custom system.Furthermore, moving from a colonial time to the independent republic of Gabon fewlocal traditional laws have been kept and are being applied in some legal aspects, but most ofthe Gabonese legal architecture has been inspired by the western's modern laws.In addition, the adaptation of Modern Law on the Gabonese legal system has metsome inconsistency as far as its implementation and its enforcement are concerned. Thereforesome solutions can be provided.From the legislative point of view perspective, the legislator should be as precise aspossible on the adopted laws in order to avoid open criminality.From legal and judicial's view government should work on educating people anddevelo

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Mqeke, Bangilizwe Richman. "Traditional and modern law of procedure and evidence in the chief's courts of the Ciskei." Thesis, Rhodes University, 1986. http://hdl.handle.net/10962/d1003202.

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In this thesis it is intended to show, among other things, the evolution of the Ciskeian traditional African Court practice and procedure from the time of the advent of white rule up to the present day. In chapter two we show the manner in which the various Cape Governors tried to suppress the traditional court system and law by superimposing western type law and norms (repugnancy clause) on the unwilling African population. The case law discussed in chapter 3 clearly shows the problems that arose and which to a large extent, still arise in the application of the Chiefs' Civil Courts Rules. Non-compliance with these rules reveals the need both for the training of the personnel of these courts and reform of the rules governing the Chief's courts. The areas that need urgent attention have been identified and the necessary recommendations have been made.

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Shay, Susan Carol Rothenberg. "The right to control the land : law, heritage and self-determination by native Hawaiians." Thesis, University of Cambridge, 2018. https://www.repository.cam.ac.uk/handle/1810/286153.

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Hawai'i was once an independent Indigenous sovereign island nation with a distinctive culture, history, and legislative past. The laws of the modern state of Hawai'i reflect that history as Indigenous heritage has been integrated into state law. However, during the last forty years the laws protecting Native Hawaiian rights have been challenged in Hawai'i through a series of significant land claim lawsuits. Native Hawaiian struggles for sovereignty are based on the assertion of their heritage rights in lawsuits. This dissertation explores the use of heritage in land claim lawsuits and the role it plays in the construction of a modern Indigenous identity. It uses Native Hawaiian efforts for land control in Hawai'i as a case study to explore how involvement in the legal process has impacted both Indigenous identity and heritage. In this dissertation I examine three major lawsuits following one line of legal precedent: traditional and customary access rights. The investigation answers the questions of how legal narrative construction using heritage impacts Indigenous identity; how heritage values are substantiated; what the role is of experts in formulating cases; if there is a measurable change over time in the way that cultural claims are structured; and what the impact is of increased Indigenous political leadership and land control on Native Hawaiian identity and heritage. To complete this research, I applied a mixed qualitative method approach of ethno-historical, socio-legal, and legal narrative analyses with content analysis to examine Indigenous textural production and court performance as forms of social practice. I supported my research with ethnographic semi-structured interviews and participant observation in recognition of Indigenous protocol. The results indicate that Native Hawaiian use of heritage in courtrooms has contributed to Indigenous identity construction by enhancing collective memory, increasing land control, and protecting group rights. The results also provide insight into how such actions by Indigenous peoples can advance upward social mobility, encourage collective identification and civic involvement, regenerate cultural practices, and strengthen group identity. This research provides new insights into how Indigenous heritage can be used as a means of Indigenous empowerment and develops a greater and more complex understanding of the uses of heritage for land control and sovereignty. These findings may be used by other special interest groups using heritage to achieve common goals.

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Vilho, Aina N. "A critical analysis of the protection of traditional knowledge within the Namibian legal system." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/13036.

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Namibia is well known for its unique climate and ecological profile hence its biodiversity, which comprises wild and cultivated species and varieties. The country’s relative isolation has contributed to the maintenance of a unique genetic resource base. There are many naturally occurring plants and animals that have been used since time immemorial by local people as a source of food security, primary health and for their general livelihood, which could be exploited for commercial purposes. There is a growing international interest in bio trade with, and bio prospecting in, Namibia. This paper examines Traditional Knowledge (TK) and Intellectual Property Rights (IPR’s)6within the Namibian context. It further examines whether the protection under the current Namibian intellectual property (IP) framework sufficiently protects all types of indigenous TK against exploitation. The rationale for the examination stems from a draft policy on ‘Access to Genetic Resources and the Protection of Associated Traditional Knowledge’. There is little knowledge about the genetic resources that have left Namibia, those that are still here, and their biological and conservation status. The associated problems, concerns and threats underscore the need for policies and legislation to regulate access to genetic resources, to protect TK and practices, and to facilitate the equitable sharing of benefits from the use of genetic resources.

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Ombella, John S. "Benefit sharing from traditional knowledge and intellectual property rights in Africa: "an analysis of international regulations"." Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_8927_1213866323.

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This thesis was written in the contemplation of the idea that, it is only through protection of the traditional knowledge in African local societies where these societies can rip the benefit of its commercialization and non-commercialization. It was thus centered on the emphasis that, while the African countries are still insisting on the need to have amendments done to the TRIPS Agreement, they should also establish regulations in their domestic laws to protect traditional knowledge from being pirated. This emphasis was mainly raised at this time due to the wide spread of bio-piracy in African local societies by the Western Multinational Pharmaceutical Corporations.

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Chembezi, Gabriel. "Traditional justice and states' obligations for serious crimes under international law: an African perspective." Thesis, University of the Western Cape, 2010. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_1047_1361197710.

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Saidula, Amier. "A last refuge : national law, traditional dispute resolution and Tajik experience in Xinjiang today." Thesis, University of Edinburgh, 2014. http://hdl.handle.net/1842/27328.

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This thesis is about how a marginal ethnic minority group may produce a sense of community and a space of social order in the face of an authoritarian Han-dominated state. This thesis deals with the process by which Tajiks in the far west of China attempt to manage disputes and maintain internal order, in an authoritarian political environment. By looking at the micro-politics of disputing, the thesis analyses the relationship between everyday social values and norms, and formal state law. In particular, the thesis focuses on the ethics of Tajik sociality, and the ways in which they try to organise their internal relationships, as well as their relationships with the state. More broadly, the thesis is therefore also concerned with the dynamics of legal and political change among minorities in marginal areas of China. Drawing comparative lessons from Laura Nader's work on Mexico (1991), and Fernanda Pirie's work on Ladakh (2007), the thesis focuses on the significance of a "harmony ideology", whereby there is a normative stress on avoiding open conflict. I argue that such a focus on "harmony" is an attempt to produce stability and a measure of autonomy, in a context of rapid social and economic change, and an increasingly intrusive Han -dominated state. However, the same "harmony ideology" can also serve to reproduce internal Tajik inequalities, particularly in relation to gender and age. The thesis therefore addresses issues of ethnic difference, Islamic morality, and the everyday life of the Chinese state at its margins. The fieldwork upon which the thesis is based was multi -sited within the Tashkurgan region of Xinjiang, and was conducted between May 2010 and September 2011. The thesis is based on interview data, life stories and case files obtained in the region. The attempts of my Tajik informants to avoid the representatives of formal state law should be viewed within a broader political context where state laws are applied in an often arbitrary and discriminatory manner.

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Viẽ̂n, Thê ́Nguyẽ̂n. "The traditional role of parents or guardians in Vietnamese marriages and canonical freedom of consent." Theological Research Exchange Network (TREN) Access this title online, 1994. http://www.tren.com/search.cfm?p029-0301.

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Parish, Rodney L. "Online In-Service Training versus Traditional Training for Arizona Police Officers." Thesis, Northern Arizona University, 2019. http://pqdtopen.proquest.com/#viewpdf?dispub=10979089.

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Arizona police officers are required by the Arizona Police Officer Standards and Training board to complete continuing training on an annual basis. Police continuing training has traditionally been offered as lecture-based classroom training. Online training offers an alternative method of providing training. The purpose of this study was to compare the effectiveness of an online version of a police training class to a classroom-based version of the same course. Participants consisted of sworn police officers employed by the Phoenix Police Department and taking the department’s Domestic Violence Investigation (DVI) course. The study compared student learning outcomes between the two course versions, as well as student attitudes and perceptions of training.

The study utilized a descriptive research design with a mixed methods approach. Research questions investigated the attitudes and perceptions of participants, compared student learning outcomes between the two course versions, and asked whether educational level and previous experience with online learning was linked to positive learning outcomes in the DVI course. Quantitative data consisted of demographic questionnaires, a 45-question assessment of the likelihood of success in online learning, a 10-question pre-test, and a 10-question post-test. Qualitative data was obtained through interviews with six participants who had taken the DVI course.

The results of the study indicated participants in the online version of the DVI course performed as well or better on the post-test than their counterparts in the classroom. Participants interviewed for the study enjoyed the online presentation of the course, and supported the development of additional online training options within their department. Positive student learning outcomes for the online DVI course provide support for the development of online police training programs.

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Schmidt, Judith, and Niels Rochlitzer. "Tradition oder Mimese? : die Katholische Kirche und die Menschenrechte." Universität Potsdam, 2006. http://opus.kobv.de/ubp/volltexte/2009/3803/.

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I. Einleitung II. Grundlagen der Menschenrechte und ihr Bezug zum Christentum III. Die Verwirklichung der Menschenrechte durch die Kirche IV. Die Menschenrechte innerhalb der katholischen Kirche V. Schlußbetrachtung

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Dissertations / Theses on the topic 'Traditional laws'

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