Tesis sobre el tema "Legal analysis of (x)"

Modern civil legal aid, has its roots in the post war United Kingdom, being a fundamental component of the welfare state, recognised as such by the political parties of the time. The provision of civil legal aid today is a different animal and does not share the same values as the 'old' scheme. This analysis will assess the evolution of civil legal aid, its success and failure, and consider the changes it has undergone and the forces behind those changes in dictating its current profile as a limited and franchised public services provision. Legal expenses insurance, unlike civil legal aid, is a relative newcomer as a provider of access to civil justice. The scepticism that accompanied its arrival in this country, some 20 years ago, has dissipated. Insurers battled with the problems of adverse selection, European regulation and the public perception of their product, all of which have influenced market penetration. The position of legal expenses insurance within the civil justice system has begun to strengthen and is now openly recognised and supported by the legal establishment. A key objective of this analysis is to consider the rise of the legal expenses insurance market in the United Kingdom. This analysis seeks to assess the history of legal expenses insurance and evaluate its current position as a viable addition, or possible alternative, to State funded civil legal aid. Therefore, it becomes necessary for this study to consider the position of comparative European jurisdictions. In addition, the role and reaction of the legal practitioner situated amidst such significant and fundamental change is solicited and evaluated since they have, at once, fought change and yet accepted it in equal measure. Finally, this analysis explores the future position of civil legal aid and legal expenses insurance. It considers the survival of the former, growth of the latter and the dynamics of the State and private sectors working together to mould a new model for the provision of access to civil justice in the United Kingdom.

The safety of civil aviation has been endangered not only by terrorism, but also by many other unlawful acts committed by persons with varying motivation. The international community has worked to provide a secure and safe air transportation system for general people and thus has developed aviation security systems in the legal and technical fields to combat and prevent the man-made intentional harm against civil aviation.
The legal instruments are mainly based on several multilateral conventions, resolutions and declarations. They are all focused on how to eliminate safe heavens for unlawful actors against civil aviation, secure the safety of passenger and crew, and facilitate the resumption of affected aircraft.
The technical instruments, dealing with specific preventive security measures to suppress the unlawful acts against civil aviation on a practical basis, have been developed by ICAO as "Standards and Recommended Practices" (SARPs) in the form of Annexes. In addition, to promote global aviation security, ICAO launched its "Universal Security Audit Programme" immediately following the tragic events of September 11, 2001.
This thesis critically analyses the legal and technical aviation security systems under current international legal regimes and provides several recommendations to improve the remaining problems in the international aviation security system.

The question about how to determine the rank of a tensor has been widely studied in the literature. However the analytical methods to compute the decomposition of tensors have not been so much developed even for low-rank tensors.

In this report we present analytical methods for finding real and complex PARAFAC decompositions of 2 x 2 x 2 tensors before computing the actual rank of the tensor.

These methods are also implemented in MATLAB.

We also consider the question of how best lower-rank approximation gives rise to problems of degeneracy, and give some analytical explanations for these issues.

Global custody is a service whereby a single custodian holds its client's international portfolio through a network of local sub-custodians, clearing systems and depositaries. Modern custodial practice is electronic and cross border. The lack of a tangible and allocated subject matter cuts across the traditional characterisation of custody as bailment. Ambiguities as to the location of custody assets raises novel questions of conflict of laws. It is argued that computerised debt securities are not negotiable instruments, but that the benefits of negotiability are available by other means, in particular the rules of equity and of private international law. It is argued that the impact of computerisation of registered securities is more limited, due to the historically intangible and unallocated nature of company shares. Traditionally, the custodian is a bailee in resect of securities, and a bank debtor in respect of cash. It is argued that because computerised custody securities are intangible and fungible, the custodian is not a bailee but a trustee. Where the securities of different clients are conuningled, the difficulty in showing certainty of subject matter for a valid trust is discussed. It is suggested that commingled clients should be treated as equitable tenants in common. Principles of private international law are discussed in relation to global custody generally, negotiability, taking security and custodian insolvency. The fiduciary duties of the custodian are considered in the light of recent case law. It is concluded that the uncertainties raised by the electronic and cross-border nature of global custody may largely be addressed by greater use of the principles of the law of trusts, and careful drafting in customer documentation.

Meteorites are one of the most accessible objects of extraterrestrial matter. Therefore the study of the structural features and physical properties of crystals of meteorites can provide information about the formation of the crystal structure of matter in extraterrestrial conditions.

In the first paper, the effects of trade openness and conflict risk on income inequality are investigated. I obtain that the effect of trade openness on inequality depends on the level of conflict risk. More precisely, there exists a threshold effect: trade openness worsens income inequality in countries where the risk of internal and external conflicts is high. Moreover, I find that countries with higher risk of conflicts are more unequal, and that more ethnically diverse countries increase income inequality. Finally, I obtain that democratic regimes decrease inequality. In the second paper, we analyze the general-equilibrium consequences of property right enforcement in the natural resource sector. Assuming that exclusion requires both private and public enforcement efforts, we compare states that differ by their ability to provide protection services. This ability is referred to as state capacity. We obtain that public protection services can effectively act as either substitutes or complements to private enforcement, and this strongly depends on state capacity. Under low state capacity, an increase in state protection services leads to a drop in national income as labor is drawn away from the directly productive activities. The opposite holds for high-capacity states. As a result, public protection services have an ambiguous effect on national income even though they can unambiguously increase resource rents. In the third paper, we argue that the right to hold dual citizenship can generate important social and economic benefits beyond its political dimension. We assemble a large panel dataset on dual citizenship. We find that in developing countries, dual citizenship recognition increases remittance inflows by US$1.19 billion, GDP and household consumption, and improves child survival. In developed countries, however, dual citizenship recognition decreases remittance inflows by US$1.44 billion, but increases FDI by US$828 billion, raises household consumption, gross capital formation and trade, and provides incentives for skilled workers to move to other countries.

This study examines the Feres doctrine, the judicial policy that immunizes service members from civil liability when causing harm to each other. Created by the Supreme Court nearly 70 years ago, the insulation from judicial review is practically absolute, applying to nearly every variety of intra-military harm, from a negligent delivery that leads to the mother’s death to intentional, abhorrent wrongdoing such as sexual assault. The doctrine bars service member suits across the board. The study traces the doctrine’s theoretical and philosophical roots, assessing its historical development and documenting its current state. A comprehensive legal analysis, not only is every Supreme Court decision in the Feres context considered, account is taken of most lower court decisions as well as the academic scholarship. Significant findings include the fact that the doctrine, while receiving near universal criticism, has been dramatically expanded by lower courts. Today, immunity applies to wrongdoing where the “military aspect” of the activity is remote, such as malfeasance during off-duty recreational activities. It was also found that the judges applying the doctrine likely sustain moral injury as a consequence. Viewing the policy as unjust, judges violate deeply held beliefs when dismissing service members’ claims, claims civilians in similar situations are allowed to bring. Finally, the study found that most courts also dismiss ancillary suits stemming from intra-military harm, including state-level claims filed against wrongdoers personally. The result is that military survivors of non-duty-related misconduct, such as survivors of sexual assault, are “effectively denied any civil remedy against a wrongdoer who was not acting within the scope of his military employment” (Day v. Massachusetts, 1999, p. 684 [italics in original]). The study concludes with a recommendation for curing the doctrine of its most objectionable aspects, a proposal intended to bring the policy into better alignment with traditional notions of justice and fair play.

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The focus of four work takes us to social and economical problems caused by the environmental policy related to the isonomy of Legal Reserves and to the small landowners in the city of Manfrinópolis PR. We understand that the Brazilian legislation, when it establishes the environmental law of Legal Reserves, only seeks to bound the small property, regionalizing it geographically. To generate the very concept of equality or Isonomy, it should have, at least, conceptualized the small farmer, and not only the small property. We affirm this because the same (small or big) owner can have several small properties. However, the application of laws that regulate environmental resources is still a problematic issue in Brasil. Within this context, the isonomy applied to the same percentage set aside to Legal Reserve, to big and small owner, infringe the social function of property. Unlike the big owner, who has the privilege to plan and direct the course of his areas for the implementation of the law, the small owner, without this option, is obligated to allocate the same percentage inside his small area, reducing more yet his property, act that may compromise his survival.
O enfoque de nosso trabalho nos remete aos problemas socieoconômicos causados pela política ambiental quanto à isonomia das Reservas Legais junto aos pequenos proprietários rurais residentes no município de Manfrinópolis-PR.Entendemos que a legislação brasileira ao elaborar a lei ambiental referente as Reservas Legais, tão somente procurou delimitar a pequena propriedade regionalizando-a geograficamente. Deveria a mesmo, para haver surtido o verdadeiro conceito de igualdade ou Isonomia, conceituar o pequeno produtor rural, e não a pequena propriedade. Afirmamos isso uma vez que um mesmo proprietário (médio ou grande) pode ser possuidor de diversas pequenas propriedades.Todavia, se constata que a aplicação das leis reguladoras dos recursos ambientais ainda é uma questão problemática no país. Dentro desse contexto, a isonomia aplicada ao mesmo percentual reservado de Reserva Legal ao grande proprietário quanto ao pequeno fere a função social da propriedade, pois diferentemente do grande proprietário que possui o privilégio de programar e direcionar o curso de suas áreas para a implantação da lei, o pequeno proprietário sem esta opção é obrigado a destinar o mesmo percentual em sua pequena área reduzindo ainda mais seu imóvel podendo comprometer a sua sobrevivência.

Thesis (Ph. D.)--Massachusetts Institute of Technology, Dept. of Physics, 2011.
Cataloged from PDF version of thesis.
Includes bibliographical references.
In this thesis, I present work from three separate research projects associated with observations of X-ray binaries. Two of those revolve around spectral characteristics of neutron star low-mass X-ray binaries (NS-LMXBs), with a particular source, XTE J1701-462, playing a central role. First, I construct and study color-color and hardness-intensity diagrams (CDs and HIDs) for a large sample of NS-LMXBs using Rossi X-ray Timing Explorer (RXTE) data spanning ~15 years. I study in particular detail three sources whose complicated CDs/HIDs are strongly affected by secular motion -- Cyg X-2, Cir X-1, and GX 13+1 -- and show that Cyg X-2 and Cir X-1 display CD/HID evolution with strong similarities to the transient Z source XTE J1701-462, which was previously shown to have evolved through all subclasses of NS-LMXBs as a result of changes in mass accretion rate. I build on the results for XTE J1701-462, Cyg X-2, and Cir X-1 and rank all the sources in the sample based only on their CD/HID morphology. I speculate that this represents a rough ranking in terms of the relative ranges in mass accretion rate experienced by the sources. Next, I use data from RXTE, Swift, Chandra, and XMM-Newton to study the transition to quiescence and the first ~1200 days of the quiescent phase of XTE J1701-462 following the end of its extraordinarily luminous 19 month outburst in 2006-2007. I find that the crust of the neutron star cooled rapidly during the first ~200 days of quiescence, after having been heated out of thermal equilibrium with the core during the outburst; the source has subsequently shown slower cooling along with sporadic low-level accretion activity. I discuss the implications of the observed cooling behavior and low-level accretion, the former of which yields information on the internal properties of the neutron star. Finally, I use multiple Chandra observations to study the X-ray source populations in the late-type galaxies NGC 6946 and NGC 4485/4490. A particular emphasis is placed on investigating the long-term variability of the sources, several of which are ultraluminous. I present detailed source catalogs and characterize the populations -- which consist primarily of X-ray binaries -- using X-ray luminosity functions and CDs.
by Joel Karl Fridriksson.
Ph.D.

Orientador: Aurea Maria Guimarães
Dissertação (mestrado) - Universidade Estadual de Campinas, Faculdade de Educação
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Resumo: A presente dissertação estuda um grupo de jovens autores de atos infracionais da cidade de Americana ¿ SP, durante o período em que se encontram na condição de liberdade assistida. A constatação da sua não adaptação ao ensino formal desencadeou este estudo, e um de seus objetivos foi ouvir o que eles e os educadores tinham a dizer sobre sua relação conflituosa. A violência produzida por estes jovens e a violência da qual são vítimas foram emergindo nos depoimentos, pois o grupo apresenta um comportamento diferenciado na sua maneira de ser, de se vestir, de se expressar, que muitas vezes afronta e representa uma ameaça ao espaço escolar já instituído. Os educadores se queixam do comportamento ora passivo e indiferente, ora agressivo e transgressor destes alunos. Por outro lado, os resultados da pesquisa mostram a falta de sensibilidade e de preparo por parte dos educadores para lidar com o universo destes jovens, com suas preferências culturais e artísticas, e para utilizar-se destas para trabalhar as questões que se apresentam no cotidiano escolar. Nos espaços de oficinas vivenciadas durante a realização da pesquisa junto a esses jovens, as atividades propostas deixaram fluir as imagens e símbolos contidos no seu imaginário. A apreensão das representações simbólicas presentes em suas produções artísticas e em suas falas possibilitou captar as relações que eles estabelecem consigo, com o outro e com o mundo, e permitiu conhecer seus ¿processos de subjetivação¿ (Guattari, 2000). Nesse percurso, percebeu-se a constituição de uma rede simbólica através da qual eles manifestam não apenas a reprodução de suas relações, mas principalmente atitudes reveladoras de resistência frente ao instituído
Abstract: The present dissertation presents a group of young people who have been charged of breaking the law in the city of Americana ¿ SP. At the time of the study, they were under assisted freedom. The understanding of their unadaptation to formal education started this research, and one of our main objectives was to listen to what they and their teachers had to say about their problematic relationship. The violence these young people have produced and have been a victim of comes up in their speech, and because this group presents such a different behavior in their own way of life, in the way they act, the way they dress, the way they express their needs, they have posed and represented a menace to the school as an institution. Educators have complained about these students¿ behavior, at times passive and indifferent, at others aggressive and transgressor. On the other hand, this research has shown the lack of sensitivity and preparation on the part of educators to deal with these young men¿s world, their cultural and artistic preferences, and inability to use these in order to work on issues that have come up in daily school situations. In workshops they have attended during the research, the activities have been able to give the students the possibility of letting their imaginary flow as images and symbols. The apprehension of the symbolic representations presented in their art work and in their speech has led to the understanding of the relationships that they have established with themselves, with one another and with the world, and has allowed us to capture their ¿subjectivation processes¿ (Guattari, 2000). Therefore, we have been able to constitute the symbolic net through which they have shown not only the reproduction of their relationships, but also attitudes that have revealed the subjects¿ resistance to the establishment
Mestrado
Ensino, Avaliação e Formação de Professores
Mestre em Educação

The Criminal Code exempts from criminal liabilityany person when they act with valid consent fromthe holder of the legal asset of free disposal. This exclusion of criminal responsibility raises multiplequestions.Which legal rights can be freely disposed? Is it that all individual legal rights are of free disposal? If that is the case, which legal basis justifies it? Does the holder’s consent means that the behavior is unlawful, or is it a non-criminal behavior?In this paper, the author answers all these questions, emphasizing that, according to the type of State we live in, the legal-criminal rights are protected to allow the self-realization of every person. Based on that, the author maintains that all criminal-legal rights are of free disposal, and that  the  holder’s  consent  is  a non-criminality cause.
El Código Penal exime de responsabilidad penal aquien actúa con consentimiento válido del titular del bien jurídico de libre disposición. Esta eximentetrae múltiples cuestionamientos.¿Qué  bienes  jurídicos  tienen  dicha  naturaleza? ¿Acaso todos los bienes jurídicos individuales sonde libre disposición? De ser ese el caso, ¿cuál sería el fundamento de ello? ¿El consentimiento deltitular implica que la conducta es antijurídica, o estaríamos ante una conducta atípica?En el presente artículo, la autora responde a estas interrogantes resaltando que, en el modelo de Estado en que vivimos, los bienes jurídico-penales se protegen porque se busca la autorrealización del individuo. Sobre la base de ello, la autora sostiene que todos los bienes jurídico-penales individuales son disponibles, siendo el consentimiento una causa de atipicidad de la conducta.

Unlawful interference with civil aviation has become a major concern for the world aviation community. The misuse of aircraft as a weapon of mass destruction has created new challenges. Air terrorism has moved from hijacking or unlawful seizure of aircraft to an in-flight explosion caused by sabotage and finally to September 11, 2001, to the use of a civil airplane as a weapon of destruction.
The events of September may be the biggest security challenge ever faced by the aviation industry. The impact of this tragic event on the global economy has been very harsh. The events have tended to obscure the fact that civil aviation continues to be an inherent safe mode of transport.
Great efforts are being made at the national and international levels to create a security net which is global in nature and so tight that not one further potential act of unlawful interference can slip through. However, the fact remains that, in weaving the net and designing measures with the objectives of preventing, combating and eradicating acts of terrorism involving civil aviation, it is prudent to be imaginative in assessing the threat, which could come from new directions and in new forms.
This thesis explores the implications of the 11 September 2001 events. A global strategy is initiated by ICAO and endorsed by the States, with the aim of protecting lives, restoring public confidence in air travel, and promoting the financial health of air transport. I will therefore examine the measures initiated by ICAO in response to the new challenges in aviation and which form the basis of the aviation security action plan. The perspective is that the events of 11 September have changed the world, and changed irrecoverably. Nothing will be the same for the aviation industry.

The Fundamental Rights Agency (FRA) of the European Union came into being on 1 March 2007 and represents a new institution for human rights protection in the EU. This thesis undertakes a critical analysis of the FRA from a governmentality perspective. Governmentality refers to a particular critical standpoint, inspired by the work of Michel Foucault, which is concerned with power relations as processes of government. The features of the FRA, its structure and functions, are framed using "governance talk". The particular features which this thesis is interested in analysing are: the multiplicity of actors which make up the network structure of the Agency, their classification as experts, and the collection of information and data as statistics. The thesis demonstrates that these features, conceptualised as governance in institutional discourse, are actually features of governmentality. I therefore suggest that the rights discourse of the FRA is a discourse of governmentality. Moreover, I show how governmentality necessarily involves self-government: the actors and experts in the FRA's rights discourse govern themselves. This has significant implications for rights discourse: it reveals processes of governing (through) rights. On the one hand, we witness processes of the government of rights through experts and statistics. On the other, we are alerted to government in the name of rights. The thesis therefore intervenes within the EU's rights and governance discourses: it exposes the relations of power (as governmentality) that conventional "governance talk" tries to hide. It highlights the elusive novelty of theorising, and of critique, in EU legal scholarship on rights. By presenting a new perspective on the rights discourse of the FRA using governmentality, this thesis seeks to contribute to EU legal scholarship on rights, filling a glaring and significant gap in the literature.

The aim of this thesis is to explore the effects of the proposed implementation of an interest-free Islamic financial system in Pakistan on the legal system. This thesis shows that the impetus for the Islamization of the financial system was the determination of a few members of the judiciary, to introduce Islamic norms in the legal system. The research also explores the effects of the proposed implementation of a new regime on the existing legal environment. To that end, the researcher carried out field work to record the experiences and thoughts of members of the legal profession. This has not only provided a practical insight as to the problems associated with this transition but it is also a new methodological approach to assessing the impact of a change in the norms of a legal system. This study consists ofan introduction and seven chapters. The first chapter focuses on the origins of Islamic economic thought in the subcontinent as a means of creating a distinct social identity. The researcher then goes to explore the role of Islam in the political life of Pakistan. Finally measures taken by the government to implement an Islamic financial system are recounted. The second chapter explores certain controversies surrounding the concept of riba in Islam. There is also a discussion of the permitted alternatives to interest in Ishim. Chapter 3 focuses on the vital role played by the judiciary in the riba debate and the researcher also examines the historic riba judgements of Pakistan. Chapter 4 explains the methodology and aims ofthe field research. Chapters 5 and 6 respectively, focus on quantitative and qualitative analysis of the data gathered through the use of questionnaires. In Chapter 7, the main recommendations to facilitate the process of transition are examined and the researcher's own conclusions are presented.

As the first systematic and in-depth study in any language on the subject, this thesis makes original contributions by unravelling the relationship between Chinese healthcare state governance, health law and medical practitioners, and casting a spotlight on the ethically problematic medical practices raised by cases of SARS and others. More specifically, this thesis examines the role of state governance and regulation in China’s healthcare system and their impact on professional practices and ethics. The thesis addresses the issues from a social-legal perspective. It provides evidence from an integration of historical, empirical and theoretical approaches to explore the role of Chinese medics in their relations with healthcare state governance and law. It explores the character of power relations and the consequences of imbalance of power in these relations. Diagrammatic models are used throughout this work to illustrate the findings from the above approaches and to represent the changing nature of the author’s thinking about the dynamics at work in the relationships under scrutiny. The basic principle advocated in this thesis is that the effective formation and delivery of healthcare is facilitated by ethically-based systems of policy, rules and regulation. More particularly, it is argued that the roles of medical professionalism and patient control are central to good governance of healthcare in China. Set within this context, the thesis has three main goals. First, it aims to contribute to the development of theories about the relationship between the medical profession and the Communist state of China, examining the relatively powerless position of medical professionals in China as demonstrated by both historical and original empirical evidence generated by the research undertaken for this thesis. Secondly, the thesis examines the nature and extent of de-professionalisation among Chinese medical professionals. More particularly, it considers the consequences of challenges to Chinese medics’ professional autonomy which have occurred as a result of the Chinese healthcare power structure. Ultimately, it is argued that a re-structured model which places Chinese medical practitioners in a more professional and responsible role is urgently required.

This thesis describes research in the area of parameter analysis for X-ray imaging. This work was performed at Philips Healthcare in Best (the Netherlands) as a nal project for the Master study at the Sound and Image Processing Laboratory at Kungliga Tekniska Hogskolan (KTH), Stockholm. The objective of this project is to provide methods for automatic parameter analysis and reduction for X-ray tuning. These methods can be used to reduce the amount of parameters involving in X-ray tuning. X-ray processing is performed via a black-box process and parameter analysis consists in looking at the impact on the resulting X-ray image. The visual quality of this image depends on parameter tuning. With a large number of parameters, analysing their visual impact directly is not feasible, which is why objective image quality (OIQ) assessment is used to get numerical results. Several image quality assessment models are reviewed leading to further research in the full-reference and no-reference model approaches. Both assessments are explored with investigation of four dierent full-reference metrics, namely the Peak-Signalto-Noise Ratio (PSNR), the Structural Similarity (SSIM), the Visual Information Fidelity (VIF) and one using wavelet properties that we have called Wavelet Method (WM), and three no-reference metrics: noise, contrast and sharpness. Search algorithms are used to get a set of parameters which give the same image quality (using OIQ) such that dimensionality reduction can be performed. Several search algorithms are reviewed from the simplest (looking at the function evaluations of all points) to the most sophisticated algorithms for global optimization (e.g. genetic algorithm). Depending on the function to optimize, dierent algorithms are used. Finding corrolated parameters, or parameters that have no impact on the image quality is the way to reduce the amount of parameters. Principal Composent Analysis (PCA) which is one of the most common method for dimensionality reduction is performed on the results of combination of OIQ and search algorithms. For each step of the project, we test the assessments or the algorithms on some examples to validate the used procedure. We will nally test all our methods with one IP function which acts like a real X-ray process. The results will enable us to see if parameter analysis and reduction is feasible.

This study was a comparative analysis of the highly structured legal systems of the state of Indiana and the United States of America and the unwritten legal systems of the Ashanti, Barotse, Buganda, and Nuer tribes of Africa. The purpose was to review the similarities and differences in the way in which those legal systems are structured, the way they function, and the scope of their impact on their respective societies.Complex societies have governmental entities which perform different functions in the legal system, but tribal societies tend to have people who perform multifunctional roles. The key is to observe the system to see what functions are being performed, and not to observe the system only to see if the same types of entities are performing the functions in simple societies as in complex societies.The “law is whatever is needed in a particular society. Dispute resolution must be accomplished, but the absence of a formal system does not mean the there is absence of law.
Department of Anthropology

This thesis deals with two subject matters: the petroleum industry, also known as Oil & Gas industry, and the Alternative Dispute Resolution Methods, well known for its acronym “ADR”. The problem which is the object of this research is indeed: the necessity to adapt the ADR mechanisms to the actual situation of the Oil & Gas industry in Mexico, considering not only the legal development but also the cultural, social, legal and political barriers that, in some extend, are blocking the use of such an extraordinary way to settle disputes. The research is focused on the case of Petróleos Mexicanos (PEMEX) which is the Mexican Oil & Gas Company, with a major impact at the international Oil & Gas market. PEMEX is the biggest enterprise in Mexico and Latin America and the highest fiscal contributor to the country. It is one of the few oil companies in the world that develops all the productive chain of the industry, upstream, downstream and final product commercialization. With headquarters in Mexico City, PEMEX is the sole supplier of all commercial gasoline (petrol/diesel) stations in Mexico. This research was thought to deal with legal and socio-legal aspects. The socio-legal science is hardly considered when resolving an international Oil & Gas dispute. Aspects such as: legal culture; human rights; the real justification of the ADR used; the contextualization of the case; the deep analysis of the leading cases; the economic, social and political repercussion of the award, not only for the country but also for the individual unconnected to the dispute; the role of the arbitrator and mediator as the decision-maker; and the perspectives of international Oil & Gas arbitrations and mediations, are some aspects highly recommended to be considered by the ADR participants in an Oil & Gas dispute. This research represents an opportunity to go deeper, in different extends, on the analysis of some of the before mentioned aspects. PEMEX has shown, throughout history, to be a company which disputes were only resolved by national courts and since a pair of decades ago ADR have been lightly considered. Recent history has also shown that PEMEX faces socio-legal obstacles that have prevented it from developing such an advisable industry of the ADR. The previous statements have been the base and justification for the research herein developed, having the target to detect such obstacles to be able to propose some legal and practical solutions to overcome the problem, improving the usage of ADR when resolving PEMEX disputes. The case-law analyzed in this research has served to determine precedents, as well as to set up statistics as for the type of contracts from which the dispute arose, nationality of the parties, the lawyers, the mediators and arbitrators, the amount of the dispute and finally the direction of the award or mediators opinion.

Dissertação (mestrado)-Universidade de Brasília, Faculdade de Ciências da Saúde, 2010.
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O cromossomo X apresenta um modo peculiar de herança. Na transmissão paterna, comporta-se como uniparental enquanto que na transmissão materna, como biparental. Esta excentricidade torna os marcadores genéticos situados nesse cromossomo particularmente úteis para determinadas análises no âmbito da genética forense. Adicionalmente, lhe empresta características que podem ser exploradas em estudos de genética de populações para verificar que semelhanças e diferenças existem entre a história contada por eles e a contada pelos demais marcadores. A incorporação dos marcadores do cromossomo X na genética forense tem uma história recente e vem ainda sendo consolidada, razão pela qual se verifica ainda uma relativa escassez de dados sobre estes marcadores nas populações, seja brasileira ou de outros países. Neste projeto, 205 homens e 210 mulheres nascidos no Distrito Federal foram analisados com 10 marcadores STRs localizados no cromossomo X humano (DXS8378, DXS9898, DXS7133, GATA31E08, GATA172D05, DXS7423, DXS6809, DXS7132 DXS9902 e DXS6789), compondo o sistema de amplificação multiplex denominado “XDecaplex”, desenvolvido pelo Grupo de Espanhol-Português da International Society for Forensic Genetics (ISFG). Todos os indivíduos foram considerados não relacionados geneticamente, de acordo com o modo de herança do cromossomo X. As frequências alélicas, parâmetros populacionais, parâmetros forenses e desequilíbrio de ligação foram estimados, assim como a constituição genética da população considerando os três grupos parentais principais – europeus, africanos e ameríndios. Comparação com outras populações brasileiras analisadas para os marcadores em questão foram também realizadas. O STR mais informativo foi o DXS6809 e o menos informativo, o DXS8378. O Poder Médio de Discriminação do sistema como um todo para mulheres (PDMF) foi de 0,99999999996 e para homens (PMDM), 0,9999995. A Probabilidade Média de Exclusão Cumulativa para o Trio mãe filha e suposto pai (PMECT) e para o Duo filha e suposto pai (PMECD), considerando os loci agrupados, foi de 0,99999795 e 0,99988927, respectivamente. Não foram observados desvios significativos no equilíbrio da Hardy-Weinberg testado na amostra feminina, bem como não se observou Desequilíbrio de Ligação na amostra masculina. Estes resultados habilitam o uso do Banco de Dados das frequências alélicas dos dez STRs do cromossomo X obtidas para a população do Distrito Federal, como base de dados para cálculos em análises forenses em casos envolvendo indivíduos desta população. Análises comparativas entre a população do Distrito Federal e as populações dos estados do Mato Grosso do Sul, Paraná, Rio de Janeiro e São Paulo sugerem uma maior diversidade genética para a população do Distrito Federal, provavelmente refletindo a constituição de sua população, resultado do afluxo de contingentes populacionais de todo o Brasil. Análises de distância genética com base em valores de GST mostraram diferenças significativas entre o Distrito Federal e os estados do Mato Grosso do Sul, Paraná e Rio de Janeiro. As proporções de mistura étnica da população do Distrito Federal, considerando como parentais as populações européia, africana e ameríndia, demonstraram um predomínio da européia (61,9%), seguida da africana (27%). Estes dados não diferem significativamente dos resultados observados com marcadores autossômicos na mesma população, sugerindo que ambas as classes de marcadores contam a mesma história genética, em que pese o fato dos marcadores do cromossomo X refletirem mais a herança materna que a paterna e que, para o Brasil, estudos com marcadores uniparentais terem demonstrado consistentemente uma influência maior para a parental européia na linhagem paterna, com as africana e ameríndia predominando para a parental materna. A inclusão dos dez CrX STRs em quatro casos de paternidade deficiente analisados previamente com uma bateria de 21 ou 22 STRs autossômicos demonstrou um grande impacto na valoração estatística quando a reconstituição do genótipo do suposto pai foi realizada mediante análise de uma filha biológica mas um impacto mínimo quando a reconstituição foi realizada com a suposta avó. _______________________________________________________________________________ ABSTRACT
The X chromosome has a peculiar mode of inheritance. In paternal transmission, its behavior is uniparental, while in maternal transmission, it is biparental. Because of this eccentricity, the markers located in this chromosome are gradually being introduced into forensic genetics, particularly in deficiency paternity cases, where the alleged father is absent. This unique form of inheritance can be explored by population genetics in order to verify the extent of similarities and differences between the stories told by the X-chromosome markers and those told by other genetic markers. The inclusion of X chromosome markers in forensic genetics has a recent history and is still being consolidated, which is why there is still a relative paucity of data on these markers in populations, both in Brazil and in other countries. In this project, 205 men and 210 women (625 alleles) born in the Federal District were analyzed with 10 STR markers located on the human X chromosome (DXS8378, DXS9898, DXS7133, GATA31E08, GATA172D05, DXS7423, DXS6809, DXS7132, DXS9902 and DXS6789) composing the multiplex amplification system “X-Decaplex”, developed by the Spanish-Portuguese Group of the International Society for Forensic Genetics (ISFG). All individuals were considered unrelated according to the X chromosome mode of inheritance. Allele frequencies, forensic parameters, population parameters and linkage disequilibrium were estimated as was the genetic make-up of the population considering the three main parental groups - Europeans, Africans and Amerindians. Comparison with other Brazilian populations analyzed for the markers in question were also performed. DXS6809 was the most informative STR and DXS8378, the least. The Mean Power of Discrimination of the system as a whole for women (PDCF) was 0.99999999996 and for men (PDCM) 0.9999995. The Mean Probability Cumulative of Exclusion for the trio motherdaughter- alleged father (PMECT) was 0.99999795 and that for the duo daughter-alleged father (PMECD) was 0.99988927, considering the loci grouped. There were no significant deviations from the Hardy-Weinberg expectations in the female sample tested and there was no observed Linkage Disequilibrium observed in the male sample. These results enable the allelic frequencies of the ten STRs of X chromosome obtained for Federal District population to be used as a database for forensic analysis calculations in cases involving individuals from this population. Comparative analysis between the population of the Federal District and those of the states of Mato Grosso do Sul, Parana, Rio de Janeiro and São Paulo suggests a greater genetic diversity in the population of the Federal District, probably reflecting the make-up of its population, a result of the influx of population groups from the whole country. Analyses of genetic distance based on GST values showed significant differences between the population of the Federal District and those of the states of Mato Grosso do Sul, Parana and Rio de Janeiro. The proportions of ethnic mix in the population of the Federal District, considering parental populations as European, African and Amerindian, showed a predominance of European (61.9%), followed by African (27%). These data do not differ significantly from the results observed with autosomal markers in the same population, suggesting that both classes of markers have the same genetic history, despite the fact that the X chromosome markers reflect more maternal inheritance than paternal and that for Brazil, studies using uniparental markers have consistently shown a greater influence of Europe for paternal parental lineage, with African and American predominance for the maternal parent. The inclusion of the ten CRX STRs in four deficient paternity cases previously analyzed with a battery of 21 or 22 autosomal STRs showed a statistically significant impact on valuation when the reconstitution of the alleged father's genotype was performed by analysis of a biological child but a minimal impact when the supposed grandmother replaced the supposed father.

Historically, legal records were the main focus of archival preservation, and archives served primarily as arsenals of law—instruments for control and management of the State. Today, archives have many different values and uses, and legal value is only one criterion considered during the archival appraisal process. It is an important criterion, though, since archivists have an obligation to preserve not only those documents needed to understand society and its culture, but also those required to protect the rights and interests of society, its institutions, its citizens, and its heirs. Unfortunately, little has been written in the archival literature about what constitutes documentary legal value nor how this value can be recognized and evaluated. This thesis draws on literature from archival science, sociology, records management, diplomatics, law, and jurisprudence in order to define legal value and to identify its components. Since the study focuses on North American archives, the legal literature consulted pertains to the English legal system and its particular manifestations in the United States and Canada. To begin with, the thesis examines the document-event relationship and the relationship of this unit to a society's juridical system. This analysis illustrates the functions that documents play in society, and aims to provide an understanding of the capacity of documents to protect society and to serve as legal evidence. It is then proposed that the presence of a relationship between a document and a juridical event (one in which the society's legal system has an interest) be considered the first component of legal value. Perhaps the most important and most useful of the documents having relevance to events with legal significance is the class identified in this thesis as "legal records," consisting of those documents that execute or constitute written evidence of acts and events which directly affect legal rights and duties. Exploring the first component further, the thesis makes a distinction between actual and potential legal value based on whether the relationship of the document to a juridical event is direct or indirect, and whether the event currently has juridical relevance. Determining the strength of potential legal value involves consideration of the second and third components of legal value, which are related to the use of documents as legal evidence. These two components are admissibility and weight (in the sense of a document's effectiveness as a representation of facts). External factors, such as retention regulations, may play a role in determining this aspect of legal value, and some of these factors are discussed. More often though, the archivist will need to search for indications of reliability and completeness in the documentary formation process and in the elements of form intrinsic to a type of document. The thesis identifies many of the internal factors that contribute to legal value and proposes some criteria and a methodology for appraisal of legal value. Appraisal of legal value is not a mysterious process. With the exception of some diplomatic analysis, much of the information and analysis needed to determine legal value is fundamental to any appraisal process. In a society governed by law in all its aspects, determining legal value is a central part of any archival appraisal.
Arts, Faculty of
Library, Archival and Information Studies (SLAIS), School of
Graduate

In this research I analyse how the existence of regulations that allow private funding of election campaigns have created opportunities for crime. Three specific questions are addressed here: 1. Do electoral donations increase political corruption? 2. Why do companies give electoral donations? 3. How are electoral donors compensated? To address these questions, I adopted a nested analysis. This sequential, mixed method brings together the strengths of both regression analysis and case study research, while conducting a validity check—triangulation—by convergence of results via different methods and theoretical approaches. I first conducted a cross-national comparison of 78 countries; then, I conducted a survey of 302 private companies in Colombia; and finally, I documented one case that described how campaign contributions affect the political decision-making process. The main conclusion of this research is that electoral law creates opportunities for crime, because it legalizes the entrance of interested money into politics, disqualifies donors as perpetrators, and introduces regulations with null or limited deterrent effect on the delivery of undue reciprocities. Indeed, I demonstrated that electoral financing is used as a legal bribery by private corporations. The legal character of this political instrument is perverted when undue compensation is delivered to donors. This is not a crime with a single perpetrator; rather, donors and incumbents are equally involved. However, donors are protected by electoral law, because the money delivered as corrupt incentive is classified as legal. This suggests that the law is being used as a mechanism that neutralizes donors as perpetrators. This perspective points to the manipulative use of electoral law, or creative compliance, as the term is used by McBarnet (2006).

This dissertation examines the special issue of peer harassment of students with disabilities through a legal lens, exploring the legal standards used in cases involving three federal statutes—Section 504 of the Rehabilitation Act (“Section 504”), the Americans with Disabilities Act (“ADA”), and the Individuals with Disabilities Education Act ("IDEA"). Using legal research methods, litigation trends regarding the number of cases and the legal standard used and applied were explored. There has been no Supreme Court case on the legal standard to be used under Section 504, the ADA, or IDEA in peer harassment of students with disabilities, and circuit courts of appeals have not reached consensus on which legal standard should apply. Instead, courts have applied several different legal standards, including the Davis standard, a modified Davis standard, bad faith and gross misjudgment, deliberate indifference, disability discrimination, intentional discrimination, and denial of a Free Appropriate Public Education (FAPE). This dissertation synthesizes the relevant legal standards used in each federal circuit and identifies trends that might guide the future of this type of litigation.

Estimates suggest that international reserves of the Eurosystem could be reduced by one third to half ($130-$170 bill.) of its existing level after the introduction of the Euro. While the ultimate decision, whether and how to use these excessive reserves (public debt repayment, financing of a fund, financing of a tax cut) is a political one, some general results can be stated: First, since reserves earn interest revenue, a large part of which is transferred to the government anyway, moderate (but still positive) economic gains can be expected from a reserve reduction. Second, reserve reductions exceeding a certain threshold require the ECB's approval, which could, however, only be rejected if the envisaged measures were inconsistent with the ECB's monetary and exchange rate policy. Given that unintended macroeconomic effects can easily be avoided by a carefully planned and coordinated reserve reduction, such a rejection by the ECB - which is subject to the review by the European Court of Justice - is only hard to justify. Equally important from a legal point of view is that reserve reductions, effected as transfer of an extraordinary gain to the government, do not constitute monetary financing as prohibited under Art. 101 EC Treaty. Finally, reducing reserves to an adequate level would also eliminate incompatibilities and conflicts of interest between monetary and investment policy by the central banks and reduce their field of operation to their core task: the conduct of monetary policy. Thus, a carefully planned and coordinated reserve reduction can be supported from both an economic as well as legal point of view.
Series: EI Working Papers / Europainstitut

碩士
東吳大學
法律學系
93
英文摘要： E-Commerce is the most prevailing selling way of banking products. It’s not only reducing the cost of business transaction, but also enhancing the scope of services, above all, the imagine of the bank. This research primarily focus on the legal analysis on internet banking, especially by adopting the comparative legal study method in order to discuss legal problems involved in internet banking business. Since currently there is no regulation about electronic transactions in consumer credit protection in Taiwan, therefore, by contrasting with other advanced experience overseas, this paper intends to establish regulatory domain of internet banking, which not only entitle bank customers of obtaining their own financial privacy but also maintain bank customer obligations as well. Furthermore, this research will also suggest legal remedies of tortuous acts of rights in financial services to complete a safety network of consumer protection.

碩士
國立臺灣大學
國家發展研究所
97
Music sampling is the process of manipulating preexisting sound recordings and incorporating and remixing them into a new one. By using a digital sampler or a sequence program, everyone can easily build his own sounds in an innovative way. As a cut-and-paste skill, sampling democratizes processes of composing and brings about cultural diversity. Thus, it should be deemed an important art form in the digital age which requires protection within freedom of speech. Copyright law exists for the main purpose of reinforcing freedom of speech. But, copyright law will inhibit the use of samples. Under current doctrine, every sample is a digital derivative duplication which has highly inclination to be branded as plagiarism or illegal appropriation without the permission from copyright holder. Additionally, digital sampling also suffers from a lack of clear judicial guidance. Courts inconsistently apply copyright statutes of recording and composition rights, excessively favor rights holders. Moreover, the demanded licensing fee is usually prohibitively expensive for most amateur individuals to clear the samples. As a result, creative sampling is stifled under current copyright system. This thesis proposes practical applications for the necessity of law reform. By adopting transformative fair use featuring sampling compulsory licensing and complementary to Creative Commons, through which will achieve the goal of copyright to strike the balance to afford adequate rewards to copyright holders and ensure the public freedom of creation.

With the dawn of democracy, the South African social security system was in dire need of change. The right of access to social security was for the first time entrenched as a fundamental right in the 1995 Constitution. Since then, many changes have been effected to the present formal social security system, but these were mostly ad hoc and lacked a comprehensive approach. The past history of the country led to the exclusion of the majority of the population from formal social security protection. The excluded and marginalised had to rely on informal social security measures to provide social protection. This resulted in a system of co-existence between formal and informal social security. Although informal social security is increasingly recognised as part of the social security landscape, the role and importance of informal social security have largely been ignored in all reforms to improve the protective scope of the present social security system. The thesis aims to change this. Informal social security has been denied a rightful place in the South African social security landscape. The thesis recommends a model as to how the divide between formal and informal social security can be bridged. This model will, it is hoped, serve as a baseline for stimulating debate and generating new innovative ideas as to how to improve the present social security system in South Africa.
Jurisprudence
LLD

碩士
臺灣大學
法律學研究所
95
The purpose of this thesis is to examine the process of Russia''s accession to the WTO and the issues of compliance of Russian law with the WTO norms.The main part of the thesis is dedicated to the problems of this compliance and the issues of reforming of Russian law according to the WTO requirements. The author assumes that this topic will be particuarly interesting for the Taiwanese reader who is not very familiar with the legal and trade questions related to Russia. Besides, this thesis also examines other important questions, which include the process of bilateral negotiations between Russia and other countries, the issues of Russian Federal system in the context of WTO, and non standard demands to Russia. The thesis also touches other questions which do not have direct relation to the WTO, but nevertheless influence the process of Russia''s accession. Those are, for example, Kyoto Protocol and some Russian foreign policy issues.

In this thesis, it was shown that thin films of hexagonal praseodymium sesquioxide on Si(111) can be transformed to B-oriented twin free films of cubic praseodymium dioxide with oxygen vacancies by post deposition annealing in 1 atm. oxygen at temperatures from 300°C up to 700°C for 30 minutes. Films annealed at 100°C and 200°C are still purely hexagonal praseodymium sesquioxide after the annealing process. In the transformed films, two stoichiometric phases coexist laterally. The lateral lattice constant of both species is almost identical to the one of the originally deposited hexagonal praseodymium sesquioxide. Therefore, we assume that the lateral lattice constant is pinned throughout the oxidation process.The species are hence strained and show different vertical lattice constants, depending on the amount of oxygen vacancies. In some samples, those vacancies were partly ordered vertically, leading to a unit cell twice as large as expected for stoichiometric praseodymium dioxide.During the annealing process, an amorphous interfacial layer between substrate and oxide was detected. While the existence of this layer was known before, it was possible for the first time to quantify the thickness of the praseodymium rich part of this interface for epitaxially grown films. It was shown that this layer starts to grow significantly only during post deposition annealing at 500°C or more.These and other results for thin films were connected to previously published data for bulk praseodymia. The multi column model mentioned above for laterally coexisting praseodymia species in thin films was backed up by powder data. As a matter of fact, it was shown that this coexistence of several praseodymia species can be expected to be the rule rather than the exception.Strong evidence was found that results interpreted previously as stoichiometric cubic praseodymium sesquioxide contain more oxygen than originally thought...

碩士
東吳大學
法律學系
102
Along with mobile communication network, the rapid spread of progress mobile communication technology, the use of mobile communications terminal equipment, a payment behavior has become a new trend in e-commerce. Mobile payment means: the use of mobile communication terminal equipment in payment behavior of goods and services transactions, including: payment instruction to launch, recognition and money transfer. For example: the use of mobile sensors store POS machines to consume and pay, as well as between individuals through mobile phone money transfer, bill payment, online store consumer payment. Mobile payment is still the third-party payment in essence, however, different mobile payment application mode but playing a different role for the mobile communications industry. This paper attempts to explore the legal issues were mobile communication operator on mobile payment applications could face from the following two angles: (1) Mobile communications operator provided third-party payment service. (2) Mobile communication operator plays only the mobile network operator in the credit card business. At first, this article introduce mobile payment and third-party payment, the article also introduced the United States, the European Union and China on the legal considerations focus on third-party payment, In addition to explore for the mobile payment and third-party payment outside the applicable regulations, and were compared and discuss with Taiwan's existing laws. Secondly, Explore the legal disputes "action to pay" may in practice derived from the viewpoint of mobile communications industry. The main topic discussed was: (1) Applicable of Article 9 of the Telecommunications Act: if the payment service business operations by mobile communications operator, the consumer behavior of whether the service belong to "behavior of telecommunications"? This text-based recognition a person who has no or limited in capacity was as effective the behavior of telecommunications, is a capacity of fiction, this provision that the Civil Code Section 78, Section 79 will produce association. (2) Applicable of Chapter 4 of The Protection of Children and Youths Welfare and Rights Act: the relevance between the type of mobile payment and children and youths protection issues; In the present stage of the National Communications Commission interests in terms of children and youths is still "program rating", "children and youths should not be the site filtering" as the main, it seems not to take into account the interests of children and youths than the application of e-commerce; (3) Applicable of Consumer Protection Law: the competing relationship of the type of mobile payment with consumer protection laws; And introduce the "entrusted ODR" handling mechanism of Chinese to resolve trade disputes distance; (4) Authorities investigate: it will inevitably involve the industry competent authority finds when explore "the behavior of telecommunications ", the Regulation of the Telecommunications Act is the National Communications Commission, And children's communication and audiovisual rights protection and other related matters increased from the National Communications Commission will serve as the competent authority, in addition to the contractual relationship between the two sides to discuss the payment behavior of the action, this article to explore the behavior of consumers using mobile payments whether "the behavior of telecommunications",but will try to make recommendations on regulatory issues payment operations.

碩士
國立交通大學
科技法律研究所
94
A stem cell is a cell from the embryo, fetus, or adult that has a unique capacity to renew itself and to give rise to specialized cell types. It also can differentiate into any type of tissue or organ, presenting the enticing prospect that they could one day be used to replace diseased or damaged cells and tissue. In 1998 cultures of human pluripotent stem cells were first created in the laboratory of James Thomson at the University of Wisconsin-Madison (Science 282, 1145; 1998). Research using stem cells is an extremely active area of current biomedical inquiry. Research efforts have focused on spinal cord injury, multiple sclerosis, Parkinson’s disease, Alzheimer’s disease, diabetes, and other diseases or conditions. Scientists hope to use specialized cells to replace dysfunctional cells in the brain, spinal cord, pancreas, and other organs. Other potential applications for human stem cell cultures include uses for studying fundamental processes of human development or for toxicological testing and drug design. Non-human animal stem cell lines may also be used to produce genetically modified animals. However, the rapid march of stem cell research doesn’t give society much time to figure out a coherent response to its discoveries, both because of its extraordinary promise and because of relevant legal and ethical issues. Controversy surrounds the derivation of stem cells from human embryos and fetuses. In order to derive or extract the stem cells found within the embryo, the embryo is destroyed in the removal process. Given the moral implications of this extraction and the sanctity attached to embryos by many groups and individuals around the world, it is unsurprising that the question of how the research should proceed has spawned an energetic debate. This study employs the comparative method based on Laws and Regulations in Taiwan, foreign literature review and Anglo-American Law to discuss the likely disputes on using and regulating embryonic stem cells. Furthermore, there are many unresolved ethical issues related to the clinical and experimental use of adult stem cells such as umbilical cord blood. These issues include determination of ethical procedures for informed consent and institution review border for adult stem cell donation to public banks, to private banks, and for research and treatment. For example, legal and ethical issues related to privacy, confidentiality, and ownership of cord blood units are complex and controversial. There is also considerable debate regarding the ethics of commercial cord blood banking, particularly related to the availability of this potentially valuable resource for clinical use and research. Finally, the legal systems concerning patentability of stem cells are different in the U.S., Europe and Taiwan. This study discusses the advantages and disadvantages of grant of patent for stem cells, the feasibility and limitation to the protection for the patent of stem cells.

碩士
國立中山大學
傳播管理研究所
94
Cable TV refers to the transmission of visual and audio signals to the public by laying cables. Article 5 of the Cable Radio and Television Law says: “System operators installing the networks themselves shall apply to the roads authority for approval if the networks are to be laid underground…” The roads authority on the regional level is the Township Office. Road right granted by the roads authority is usually valid for one year. Cable TV is a licensed business; business licenses issued by the Government Information Office, Executive Yuan are in 9-year term. Although it is subject to the restrictions and regulations of the same laws as public utilities, the business does not enjoy the deserved protection. Hence, system operators often come across setbacks in their operation, which are undoubtedly potential threats to their survival and development. However, contrasting this to the development history of Taiwan’s cable TV industry, it seems from the result that the government institution has played a critical role. Importance of the government’s initiative to moderately liberalize the public goods for creation of an open environment, and to put more emphasis on the overall system planning for the industry development at different stages is beyond words. This study not only analyzes the impact of the Cable Radio and Television Law and regional laws on the system, but also takes real-life examples into consideration, to explain the importance of public interest and freedom of speech for liberalization of routing rights. The question is tackled in different approaches and from different viewpoints, in order to understand the problems and difficulties that system operators face when applying for routing rights from the Township Office. The study expects to provide some positive assistance and suggestions to the industry and the government, for avoidance of improper market intervention.