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1
Riva, Palacio Mariana. "Analysis of the legal framework on the use of foreign satellites : North America". Thesis, McGill University, 2001. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=34017.
Resumen
Over the last years satellite communications remained as a government monopoly in most countries. Recently, that situation has changed and we have witnessed liberalization on trade in satellite services where governmental entities that provided satellite services were privatized. Also, countries started to allow the entry of foreign satellites to their markets.The international scenario on trade in satellite services is of great relevance and it will be analyzed in this thesis. We will see Mexico's, Canada's and the US's specific commitments on satellite communications services made in the General Agreement on Trade in Services (GATS). Likewise, we will see Mexico's, Canada's and the US's background on satellite communications, and their regulatory framework on the use of foreign satellites will be analyzed.
2
West, Lucy. "The Confines of the Rule of Law in Contemporary Cambodia: Political Culture and Legal-Institutional Framework". Thesis, Griffith University, 2018. http://hdl.handle.net/10072/381010.
Resumen
Rule of law objectives have assumed an integral role in post-Cold War democratisation
initiatives and state-building operations. More than US$10 billion has been spent by the
international community on democratic state-building in Cambodia since the Paris Peace
Agreements (PPA) were signed in 1991 and the deployment of the United Nations
Transitional Authority in Cambodia (UNTAC) (1992-93). While the 1993 Constitution of the
Kingdom of Cambodia provides for a democratic government with separation of powers,
judicial independence and human rights guarantees consistent with international legal
instruments, Cambodia continues to rank poorly in international indices of the rule of law.
This dissertation investigates the deficient application of the rule of law in Cambodia against
the standard provided for by the text of the 1993 Constitution and the legal-institutional
framework it established. The study assesses Cambodia’s performance in this area of
governance against a conceptual framework for a ‘thin’, procedural rule of law consistent
with the country’s civil law system and institutional structure.
To investigate the rule of law in Cambodia, interviews were conducted with spokespersons
for the Council of Ministers and the Ministry of Justice, National Assembly members, judges,
lawyers, international and local non-government organisations, independent researchers and
foreigners working within the Cambodian legal sector. The dissertation argues that the
deficient application of the rule of law in Cambodia is attributable to the combination of the
country’s political culture of patron-clientelism and the legal-institutional framework
established during the UNTAC period. The dissertation finds that despite decades of
internationally-sponsored good governance and judicial reform efforts, Cambodia is deficient
across all indicators of a thin rule of law. The constitutional arrangements established during
the UNTAC period provide for a parliamentary system, where the executive is embedded in
the legislature, and the basic framework for a civil law system, which remains
underdeveloped. In the Cambodian political context, this enables control of the legislature by
the hegemonic Cambodian People’s Party (CPP). In a civil law system, the purpose of the
judiciary is to give expression to the will of the legislature, as statutes are the primary source
of law. The legal system in Cambodia, in turn, gives expression to the will of the CPP. The
result of this is endemic corruption and political interference in the judiciary according to
international standards of good governance and the rule of law.Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
School of Govt & Int Relations
Griffith Business School
Full Text
3
Vicente, António Luís. "Lawyers, judges, and judicial reform: a conceptual framework and a quantitative exploration". Master's thesis, NSBE - UNL, 2010. http://hdl.handle.net/10362/10308.
Resumen
A Work Project, presented as part of the requirements for the Award of a Masters Degree in Economics from the NOVA – School of Business and EconomicsThere is growing evidence on the importance of institutions for growth but limited understanding of the mechanisms of institutional divergence, persistence and change. Focusing on the judicial, starting from formalism indicators developed under the legal origin theory, but following different explanatory paths, we propose a thought experiment assessing reasonable preferences of judges and lawyers regarding formalism. We find a striking divergence, with lawyers showing preferences for high, and judges for low, formalism. This may generate institutional conflict, resistance to reforms and a dynamic equilibrium at an inefficient level. The analysis offers paths for reform, potentially addressing limitations of institutional approaches.
4
Addison, Henry 1955. "Consideration with regard to global navigation satellite systems (G.N.S.S.) of the establishment of a legal framework". Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=27441.
Resumen
Global Navigation Satellite Systems (GNSS) are a key technology underpinning the International Civil Aviation Organization's (ICAO's) communications, navigation, surveillance/air traffic management concept. The fact the de facto GNSS, the Global Positioning System (GPS) is a military system owned, operated and controlled by the United States raises many legal and institutional issues for civil aviation.This thesis will discuss the nature of GPS/GNSS as a global utility, ICAO's evolutionary path toward a civil GNSS (ie one independent from GPS) and trace the development of the institutional debate within ICAO. Reliance on navigation by GNSS in terms of the principle of State sovereignty over territorial airspace and the Chicago Convention will be considered. The three major institutional issues in respect of a GPS based GNSS (ie charging, non-discriminatory access and liability) will be examined.
This thesis will also examine past and present State practice in respect of radionavigation systems of an international character in considering whether a legal framework for GNSS is necessary, and if so what form it is likely to take. The conclusions reached on these issues will be summarised in the final chapter.
5
Desiderio, Antonio. "The Olympic re-construction of East London in the economic, political, media and legal discourse : a possible theoretical framework for social-political action". Thesis, University of East London, 2016. http://roar.uel.ac.uk/6398/.
Resumen
This research investigates the preconditions for the Olympics-led process of urban transformation and change of East London. The pre-conditions are interpreted in terms of discourse (the economic, political, media, and legal discourse); which is conceived as reflecting and being reflected in the social, urban, economic and institutional order of the city. The aims of the work are, therefore, to understand: a) how such discourse is construed; b) how the complex of worldviews, ideologies, ideas, beliefs and interests that discourse expresses becomes constructed in the actual urban, social, economic and institutional order of the city; c) how discourse works in enacting and shaping processes of urban transformation and change in East London – and London as a whole. According to the official discourse, the transformation of East London into a site for tourism, shopping, leisure and lifestyle (which is aimed at attracting corporate investments) is the only possible way to enact processes of economic and social growth of ‘derelict’ urban areas. As it answers the requirements of global capital, which is regarded as an impersonal force, such model of urban renewal is represented as unquestionable. By exploring the possibility of a discourse theory of urban transformation and change (which emphasises the role of social-political action) and employing Critical Discourse Analysis as a methodological framework, the research demonstrates that the corporate-led transformation of East London is instead a social construction. In other words, it relies on the vision of the city of specific social actors. Such vision (which expresses sets of worldviews, ideologies, ideas, beliefs and interests) shapes the economic, political, media a d legal discourse; and is reflected at the same time in the urban form and functions, social order, economic organisation and institutional structure of the city.
6
Carrizosa, Santiago 1964. "Prospecting for biodiversity: The search for legal and institutional frameworks". Diss., The University of Arizona, 1996. http://hdl.handle.net/10150/282221.
Resumen
For several decades, pharmaceutical companies have engaged in bioprospecting activities in developing countries. However, in many cases, these companies have failed to compensate local peoples for their knowledge used in the production of drugs. Consequently, these activities have been subject to intense scrutiny at the national and international level. This awareness has contributed to the elaboration of international laws and novel bioprospecting initiatives. The Convention on Biological Diversity (CBD), laws that regulate access to genetic resources, and the International Cooperative Biodiversity Groups (ICBGs) are approaches that address unique issues pertaining to bioprospecting of genetic resources. However, these approaches are not flawless. They are experiments that need to be tested and analyzed. The main objectives of this dissertation are to: (1) analyze the relationship between these approaches and how they address the issue of bioprospecting; and (2) identify bioprospecting guidelines to facilitate the implementation of future bioprospecting projects. These objectives are addressed through the analysis of a conceptual framework for the implementation of the ICBGs. According to this framework implementation of the ICBGs should be made according to the following four factors: (1) the CBD, (2) contractual relationships between parties of bioprospecting groups, (3) contractual provisions of bioprospecting agreements, and (4) in-country laws, policies and the organizational structure of the government. These factors have and will continue to affect the implementation of the ICBGs and other bioprospecting groups. A thorough analysis of them in the context of the ICBGs and in comparison to other projects provides elements for the identification of valuable lessons for future bioprospecting initiatives.
7
Weiß, Norman. "Ulf Häußler, Ensuring and enforcing human security : the practice of international peace missions ; legal framework, military operations, political ramifications [rezensiert von] Norman Weiß". Universität Potsdam, 2008. http://opus.kobv.de/ubp/volltexte/2009/3658/.
Resumen
Rezensiertes Werk:
Häußler, Ulf:
Ensuring and enforcing human security : the practice of international peace missions ; legal framework, military operations, political ramifications. - Nijmegen : Wolf, 2007. - X, 180 S. - (A challenge for European law : the merging of internal and external security)
ISBN: 978-90-5850-257-5
8
Forbes, Huia. "A Maori experience of natural resource management in New Zealand : politics, culture and the legal framework". Thesis, University of East Anglia, 2014. https://ueaeprints.uea.ac.uk/53365/.
Resumen
The role of indigenous people in environmental management is subject to the legal framework imposed by a dominant ‘Western’ culture (McGregor, 2009, Kahn, 2013). Provision for indigenous participation in environmental decision making often allows for only a single voice, assuming homogeneity within a framework that seeks biophysical sustainability (Coombes, 2005). Indigenous people are disenfranchised from making a meaningful contribution from their perspective (Jackson, 2006). This has been the case for Maori in New Zealand who have been alienated from their lands and are reliant on statutory participatory processes to engage with environmental management. The methods of participation, their operation and failures are well documented. Yet there has been little analysis of the ways in which indigenous participation occurs that explores the political context critically (Coombes et al, 2012). In particular there is little in-depth research that examines the ways in which indigenous people might try and find a place within the legal framework and the impact this has within their own tribe, with other Maori and on their culture and identity. This ethnographic, participant observation aims to find out whether the New Zealand environmental management framework has space for distinctive Maori participation. The tribe have to create identities that fit into the non-Maori legislative structure. The iwi identity is highly contested with other Maori tribal groups. There are often negative personal consequences of engaging in environmental management leading to considerable institutional fragility. As a result strategic relationships develop between Maori themselves and with non-Maori. The implementation of the resource management framework assumes Maori issues are ‘cultural’, fixed and historic. When tribes engage in the processes they find their potential limited by this implementation. This classification is reinforced both through participation in the system and broader environmental management practices.
9
Fagbayibo, Babatunde Olaitan. "A politico-legal framework for integration in Africa : exploring the attainability of a supranational African Union". Thesis, University of Pretoria, 2010. http://hdl.handle.net/2263/28573.
Resumen
The emergence of the African Union (AU) is seen as an effort to reposition Africa for the challenges of contemporary global realpolitik and, in particular, it provides a road map towards the attainment of a political union. The institutional architecture of the AU, modelled after the European Union (EU), indicates an intention on the part of the architects of the AU to endow the organisation with supranational attributes. However, none of its institutions has as yet started to exercise supranational powers. It is against this background that this thesis explores the feasibility of transforming the AU from a mere intergovernmental organisation into a supranational entity. In the course of the investigation, it was found that a major obstacle to realising this is the absence of shared democratic norms and standards, a consequence of the unconditional membership ideology of the AU. This thesis argues that the starting point of closer integration in Africa should be the cultivation and adoption of shared norms and values. To address this, the study proposes that the AU design an institutional mechanism for regulating its membership. Using the African Peer Review Mechanism (APRM) as a case study, this study shows that it is possible to establish a regulatory regime based on strict adherence to shared fundamental norms and values. A major recommendation is the transformation of the APRM into a legally binding instrument for setting continental democratic standards, assessing whether member states fulfil these standards and ultimately determining which member states are qualified, based on objective standards, to be part of a democratic AU.Thesis (LLD)--University of Pretoria, 2010.
Public Law
unrestricted
10
Bach, Carina. "What’s the Problem with Sex Trafficking? : A case study on the European Union’s Policy and Legal Framework". Thesis, Linnéuniversitetet, Institutionen för statsvetenskap (ST), 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-100010.
Resumen
This study questions the way sex trafficking is constructed by the EU in their public policy exploring what potential implications exist by the way sex trafficking is problematised. Hence, the objective of this study is to understand how the EU constructs the problem of sex trafficking in their policies, and how this can lead to further policy implications for eradicating sex trafficking. This research analyses the three main policy documents by the EU; Directive 2001/36/EU, its strategy document The EU Strategy towards the Eradication of Trafficking in Human Beings 2012–2016 and Council Directive 2004/81/EC. The discourse analysis called What’s the problem represented to be? will be used as method. It also analyses through the theories of Intersectionality and Governmentality. The results reveal that sex trafficking is a problem of law enforcement, welfare, and illegal immigration. Sex trafficking is constructed as a crime that violates fundamental rights, encourages gender inequality, and threatens the security in the EU. The way the EU constructs victims endorses gender and racial stereotypes. Furthermore, not much efforts are on reducing root causes for trafficking, as main the focus is on the transportation rather than on the exploitation of the victim.
11
Kirk, Katie. "The legal and political imperatives for proposed amendments of the South African Patents Act to implement TRIPS flexibilities and enhance the framework for access to medicines". Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/13874.
Resumen
Includes bibliographical references.A multitude of factors affect the ability of South Africans to access the essential medicines, intellectual property (IP) is one of them. This dissertation considers some of opportunities open to South Africa through international IP flexibilities, which are aimed at safeguarding public health rights against the sometimes access-restricting effects of patent right monopolies. Potential pitfalls are also highlighted, noting strategies for South Africa to avoid the worst of them. The paper begins by giving an overview of the way in which patents affect access to medicines, and contending that the time for making the proposed amendments is now.
12
Heiss, Anna y Martyna Napiorkowska. "The influence of legislation and political bodies on marketing strategies in the context of sustainable development and corporate social responsibility : Illustrated by the example of the company IKEA and the legal framework in Sweden". Thesis, Halmstad University, School of Business and Engineering (SET), 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:hh:diva-4929.
13
Baatjes, Mario Ricardo. "Insulating municipal administration from instability caused by coalitions: a case study of the Western Cape". Thesis, University of the Western Cape, 2011. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_5430_1365583476.
Resumen
Instability in the administration of municipalities is a particularly serious problem in the Western Cape because of its large number of coalition councils. Coalitions have led to
frequent changes in local governance and to constant changes in political and administrative leadership. Due to the fluidity in local government, the politics of the day have become synonymous with back-stabbing, secret agreements and arrangements between politicians and political parties wishing to align themselves in such a way as to gain control of the councils.1 A municipality is required by the Constitution2 to structure and manage its administration and budgets, budgeting and planning processes so as to give priority to the basic needs of the community and to promote the social and economic development of the community.3 Legislation further prescribes that &ldquo
a municipality must within its administrative and financial capacity establish and organize its administration in a manner that would enable the municipality to establish clear relationships, facilitate coordination, cooperation and communication between (i) its political structures and political office bearers and its administration
(ii) its political structures, political office bearers and administration and the local community&rdquo
.4 It may therefore be argued that a municipality subscribing to the abovementioned prescripts should be functioning effectively. However, in practice continuous administrative and political instability adversely impacts on a municipalityâs capacity to provide service delivery to the community. The 2006 local government elections resulted in only four out of 30 municipalities in the Western Cape having a single party with more than 50% of the seats (outright majority). The remaining 26 municipalities were governed by coalitions of two or more parties. In 2001, Parliament introduced floor-crossing legislation which allowed Members of Parliament, Members of Provincial Legislatures and local government councillors to change their political party (or form a new party) and retains their seats when they did so.5 As a result of the 2007 floor-crossing legislation, the number of municipalities with an outright majority increased to 7. Power changes continued to occur even after the 2007 floor-crossing as a result of by-election outcomes or new internal coalition arrangements. Coalition government in the Western Cape remains a reality following the 18 May 2011 local government elections: the Democratic Alliance won 12 municipalities outright, the African National Congress won 1, and in 12 municipalities there was no outright winner. Of the 12 last-mentioned municipalities, 7 municipalities produced hung municipalities, i.e. Bitou, Witzenberg, Laingsburg, Hessequa, Theewaterskloof, Matzikama and Prince Albert.
14
Mandipa, Esau. "A critical analysis of the legal and institutional frameworks for the realisation of the rights of persons with disabilities in Zimbabwe". Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/18613.
Resumen
The Zimbabwean society views persons with disabilities (PWDs) ‘as useless
liabilities that have no role to play in society.’ The Zimbabwean Government has
also forgotten PWDs since they are not mentioned in all the country’s national
budgets. This has led to uncountable barriers faced by PWDs in their bid to be
included as equal members of the society. Some of the barriers are constant
discrimination, sheer poverty, lack of access to mainstream public services and
stigma. Hundreds to thousands of PWDs beg for alms in the streets of every
town and city. Zimbabwe then has to be reminded that all PWDs have:
a right to enjoy a decent life, as normal and full as possible, a right which lies at the
heart of the right to human dignity. This right should be jealously guarded and forcefully
protected by all states party to the African Charter in accordance with the well
established principle that all human beings are born free and equal in dignity and
rights.
Thus, the era of silence when it comes to the realisation of the rights of PWDs in
Zimbabwe has to come to an end. All PWDs in Zimbabwe should know that it is
by right and not by privilege to be guaranteed full and effective participation,
and inclusion in society. It is time for Zimbabwe to embrace all the rights for
PWDs without any hesitation. It is time for humanity to celebrate the inherent
dignity, individual autonomy, independence and the right not to be
discriminated against for all PWDs. Every lawmaker in Zimbabwe has to be reminded to delete from the statute books all laws which view disability as a
medical problem and instead, pass laws which are in line with the human rights-based approach which is a more enlightened, realistic and people-centred
approach to disability. No time to play but plenty of time to work…!Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011.
http://www.chr.up.ac.za/
nf2012
Centre for Human Rights
LLM
15
Lavoie, Manon 1975. "The need fo a principled framework to effectively negotiate and implement the aboriginal right to self-government in Canada /". Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78221.
Resumen
The aim of this thesis is to reveal the need for a principled framework that would establish an effective implementation of the aboriginal peoples' right to self-government in Canada. In recent decades, many agreements instituting the right to self-government of First Nations have been concluded between the federal and provincial governments and aboriginal peoples. It then becomes important to evaluate the attempts of the two existing orders of government and the courts of Canada as regards the right to self-government and assess the potential usefulness of the two's efforts at defining and implementing the right. Firstly, the importance and legitimacy of the right to self-government is recognized through its beginnings in the human right norm of self-determination in international law to the establishment of the right in Canadian domestic law. Secondly, an evaluation of the principal attempts, on behalf of the governments and the courts, to give meaning and scope to the aboriginal right to self-government, which culminate in the conclusion of modern agreements, reveals their many inefficiencies and the need for a workable and concrete alternative. Lastly, the main lacunae of the negotiation process, the main process by which the right is concluded and implemented, and the use of the courts to determine the scope and protection of the right to self-government, are revealed. An analysis of European initiatives to entrench the right to self-government, mainly the European Charter of Self-Government and its established set of principles that guide the creation of self-government agreements, are also used in order to propose a viable option for the establishment of a principled framework for the aboriginal right to self-government in Canada.
16
Alaaddinoglu, Yeliz. "The Challange Of Becoming A Multicultural Society: The Case Of Germany". Master's thesis, METU, 2005. http://etd.lib.metu.edu.tr/upload/2/12606867/index.pdf.
Resumen
This thesis seeks to trace the process of Germany&rsquobecoming a multicultural society through the politico-historical analysis of the matter of immigration to Germany. The working assumption while projecting this study is as follows
there is a close relation between the policies and implementations of Germany in practice and becoming a multicultural society during the process in question. Germany became a multinational society with its composition of different ethnic, religious and cultural groups
but it is clearly seen that Germany is not moving toward becoming a multicultural society, at least in the near future, considering its policies and implementations in practice. At the same time, considering the main arguments and effects of these new immigration and citizenship laws concerning immigrants will provide an essential ground for recognizing whether Germany is a multicultural society or not.
17
Ghanavati, Sepideh. "Legal-URN Framework for Legal Compliance of Business Processes". Thèse, Université d'Ottawa / University of Ottawa, 2013. http://hdl.handle.net/10393/24028.
Resumen
In recent years, the number of regulations an organization needs to comply with has been increasing, and organizations have to ensure that their business processes are aligned with these regulations. However, because of the complexity and intended vagueness of regulations in general, it is not possible to treat them the same way as other types of requirements. On the other hand, the cost of being non-compliant can also be fairly high; non-compliance can cause crucial harm to the organization with financial penalties or loss of reputation. Therefore, it is very important for organizations to take a systematic approach to ensuring that their compliance with related laws, regulations and standards is established and maintained.
To achieve this goal, this thesis proposes a model-based compliance analysis framework for business processes called Legal-URN. This framework is composed of four layers of abstraction linked to each other. The framework exploits the User Requirements Notation (URN) as the modeling language to describe and combine legal and organizational models. In order to model legal documents, legal statements are first classified into four classes of Hohfeldian rights, and then Hohfeldian models of the regulations and their statements are created. These models are further refined into legal goal and business process models via a domain-specific version of URN called Legal URN profile. To check the well-formedness of the models and to identify instances of non-compliance, 23 Object Constraint Language (OCL) rules are provided. In this thesis, the quantitative and qualitative analysis algorithms of URN's Goal-oriented Requirement Language are extended to help analyze quantitatively and qualitatively the degree of compliance of an organization to the legal models. Furthermore, with the help of a prioritization algorithm, the framework enables one to decide, while taking the organization goals into consideration, which non-compliant instances to address first in order to provide a suitable evolution path for business processes.
In addition, to assess compliance with more than one regulation, a pair-wise comparison algorithm enables organizations to identify the similarities and conflicts among regulations and incorporate them in the models. The jUCMNav tool, an Eclipse plug-in for URN modeling and analysis, was extended to support the framework and its algorithms and rules.
The thesis contributions are evaluated through a gap analysis based on a systematic literature review, a comparison with closely related work, and two case studies in the healthcare domain: one with a single regulation and realistic business processes, and a second with three additional regulations. We also identify the benefits and limitations of the framework, as well as potential extensions for future work.
The Legal-URN framework provides a tool-supported, rigorous approach to compliance analysis of organizations against relevant regulations.
18
Montes, Io. "Legal framework for domain names /". [S.l.] : [s.n.], 2005. http://aleph.unisg.ch/hsgscan/hm00153322.pdf.
19
Bazowski, Raymond (Raymond Andrew) Carleton University Dissertation Political Science. "Ronald Dworkin's legal and political philosophy". Ottawa, 1993.
20
Rieder, Markus S. y Jonas Menne. "Internal investigations - legal situation, possible options and legal-political need for action". Universität Leipzig, 2019. https://ul.qucosa.de/id/qucosa%3A33904.
Resumen
In June 2018, the German Constitutional Court decided on the search of a law firm and the securing of documents and data in the firm’s premises by the Public Prosecutors’ Office. The Court rejected the respective constitutional complaints and regarded the prosecutions’measures as lawful. The Court’s orders received immense public attention as the constitutional complaints were filed by Volkswagen AG, Jones Day, and the firm’s lawyer in connection with the “diesel emissions scandal”. Besides, the orders were discussed intensely among legal experts, as the Court severely limited legal privilege in Germany. This article examines the Court’s orders and its consequences, in particular with regard to internal investigations. In addition, the authors draw a comparison with legal privilege under U.S. law and discuss possible options to avoid extensive disclosure of documents and data. Finally, they demand legislative action and request the legislator to provide adequate safeguards for internal investigations.
21
Theilkemeier, Linnea, Azin Taheri y Isabel Dreveborn. "Corporate Social Responsibility : the legal framework of CSR". Thesis, Internationella Handelshögskolan, Högskolan i Jönköping, IHH, Företagsekonomi, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-14307.
22
Liu, Yunhai. "Legal framework for the international transfer of technology". Thesis, University of Ottawa (Canada), 1992. http://hdl.handle.net/10393/7797.
Resumen
The thesis deals with the interaction between the legal controls systems and commercial dimensions of technology transfer. The primary purpose is to undertake a comprehensive examination of the current legal framework which plays an important role in regulating the international transfer of technology. The legal framework for technology transfer is viewed as an overall and integrated concept which consists of major national, regional and international legislation. The focus is upon those which have direct regulatory effects on the proprietary rights over technology, contractual conditions of technology transactions, behaviour of parties concerned, and the inflow and outflow of technology. Emphasis is also consciously placed on the traditional forms of legal regulation in developed countries and on special laws and regulations adopted by developing countries. The main issues are raised and discussed within the context of the North-South relations with respect to international technology transfer. The bilateral and multilateral treaties for the legal protection and legal control of industrial property rights and their transfer are dealt with in an attempt to explore their role and generic characteristics as well as the related issues. The thesis finally examines various aspects of the Draft Code of conduct for the international transfer of technology. The background and the current status of the code negotiations are studied and the outstanding issues are discussed. The Focus is placed upon the disagreement and the conflicting interests between different groups. The legal nature and the future of the Draft code are also observed. The Thesis concluded that the present legal framework is incomplete because of a lack of direct international regulation of technology transactions. The establishment of legally binding rules controlling technology transfer will likely depend upon the future developments in the national and regional legislation and the possible changes to the international political and economic structure.
23
Zamboni, Mauro. "The policy of law : a legal theoretical framework /". Stockholm : Stockholms universitet, 2004. http://www.diva-portal.org/su/theses/abstract.xsql?dbid=220&lang=en.
24
Tupits, Andres. "Legal framework for the Eurosystem national central bank". Thesis, Queen Mary, University of London, 2010. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1281.
Resumen
This thesis analyses legal issues related to the participation in the Eurosystem by a national central bank (NCB). My aim is to develop principles that could be used for a national central bank law for a European Union Member State that has adopted the euro. The transfer of monetary policy to the supranational level has substantially changed the European central banking framework and confronted the NCBs with their new role as members of the Eurosystem. This membership has affected the governance structures of NCBs, with the emphasis on Governors and their independence. Most of the changes relate to the fulfilment of tasks of the Eurosystem and the level of independence needed by the NCBs to carry out these tasks. I have found that although there are differences amongst the Member States, the understanding of central bank independence is fairly similar throughout the EU. The accountability of the NCBs is driven not by the EU but by national rules, which is why the extent of reporting commitments varies between the Member States. The same is true of transparency, with some NCBs tending to be more open towards the general public than the others. However, it remains debatable whether there should be a harmonisation of rules on transparency and accountability at the EU level and whether the establishment of such harmonised rules would set higher standards than the current average. A debate on whether the prudential supervision of credit institutions should be a European rather than a national matter has been going on for a number of years, and I would like to add to the discussion as far as the financial stability and ESCB-related tasks are concerned. Finally, on the basis of the Estonian NCB Statute, I suggest amendments reflecting best practices for central bank tasks, independence and accountability.
25
Stabile, Valentina <1993>. "Foreign business in Hong Kong: the legal framework". Master's Degree Thesis, Università Ca' Foscari Venezia, 2018. http://hdl.handle.net/10579/12654.
Resumen
The aim of this thesis is to provide a legal framework for foreign investors that want to do business in Hong Kong, describe foreign investments in the area and explain Italian commercial and tax relations. Hong Kong’s legal environment is still influenced by the English Common Law and, under the principle of "one country, two systems", it differentiates its political and economic system from China. Except in military defence and foreign affairs, Hong Kong has independent executive, legislative, and judiciary powers. It is one of the most significant financial centres and the world’s freest economy, thanks to the implementation of a prudent economic policy within a transparent legal environment and a high level of market openness. Chapter 1 gives a business framework to foreigners who want to do business in Hong Kong: the Common Law influence, the sources of law as well as the commercial law. After a brief illustration of the Companies Ordinance, I explain the characteristics of the entity types foreigners can choose. Then, I provide a description of the tax system. Chapter 2 is the core of this thesis: foreign investments. I describe law, regulations and restrictions to foreign investments but also incentives. Other important aspects illustrated in this chapter are Hong Kong’s participation to international agreements, the most common forms of business vehicles and the main sectors that can provide business opportunities. Chapter 3 deals with the relations between Italy and Hong Kong. I first disclose some information about the Italian presence in Hong Kong as well as some data about export and import activities. The core of this chapter is the CDTA between Italy and Hong Kong and Hong Kong exits from the Italian black list.
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Rubio, Castro Ana María. "Current challenges in legal and political thought". Derecho & Sociedad, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/118447.
Resumen
The article analyses the theoretical debates on equality and justice that represent the structural and institutional dimension of politics within the framework of a rigid constitutionality of fundamental rights as well as the changes in process to which law and politics are subject in Spain as a consequence of the globalization of economic production and of culture. The actions carried out by the Spanish government in recent years justify us in speaking about the return of the old socio-economic hierarchies and of the clear obstacles to the development of alternative legal-political thinking. For these reasons, the article defends the need to redefine the collective political subject (to construct a new us) and to develop a new model of the state which gives priority to solidarity against fear and security.En el artículo se analizan los debates teóricos sobre la igualdad y la justicia que representa la dimensión estructural e institucional de la política en el marco de una constitucionalidad rígida de los derechos fundamentales, así como los cambios en proceso a los que están sometidos el derecho y la política en España como consecuencia de la globalización de la producción económica y de la cultura. Las actuaciones realizadas por el ejecutivo español en los últimos años permiten hablar del retorno de las viejas jerarquías socio-económicas y de claros obstáculos al desarrollo de un pensamiento jurídico-político alternativo. Por estas razones se defiende la necesidad de redefinir el sujeto político colectivo (construir un nuevo nosotros) y de desarrollar un nuevo modelo de Estado en el que prime la solidaridad frente al miedo y la seguridad.
27
Volpato, Annalisa. "Towards a legal framework for the delegation of powers in the EU legal system". Doctoral thesis, Università degli studi di Padova, 2018. http://hdl.handle.net/11577/3425296.
Resumen
The thesis aims at analysing the delegation of powers in the EU legal system and at defining the characteristics and limits embedding this legal mechanism in the light of the constitutional principles of this legal system. The research develops a definition of delegation of powers which, building from the legal traditions of the Member States and considering the peculiarities of the EU institutional framework, is suitable for this legal system. It further identifies the forms of delegation that emerged in this context, namely the delegation to the European Commission pursuant to Articles 290 and 291 TFEU, to the Council of the EU, to the European Central Bank and to EU agencies. Together with the evolution, the structure and the powers delegated to these institutions and bodies, the legal framework applicable to these different systems of delegation is examined, focusing on the rules and the case law relating to the enabling act, the procedures for the exercise of the delegated powers, the position of the acts in the hierarchy of norms, and their judicial review.
The research identifies, beyond the peculiarities of each delegation system, common principles and dynamics which show how the delegation of powers is bound to abide by a coherent legal framework horizontally applicable to the different forms of delegation. In particular, firstly, the enabling act shall respect the prerogatives of the legislator who is required to establish the essential elements of the matter. Although there are uncertainties in the exact definition of “essential elements” which the recent case law has partially clarified, this principle determines the existence of a reserved domain of the legislator where delegation is not admissible. Secondly, the enabling act has to specify the delegated powers, clearly identifying the limits so that an effective control on the ultra vires exercise of the delegation is possible. In this regard, the more precisely the enabling provision is drafted, the more intensive the judicial review on the legality of delegation may be. Thirdly, the issues relating to the legal basis are analysed, remarking how the use of Article 114 TFEU for the delegation to the Commission and the EU agencies is problematic despite the position of the Court. Finally, the absence of a specific Delegationsnorm for some forms of delegation is discussed, highlighting the peculiarities of the understanding of the principle of legality in the EU legal system.
While the limits in the enabling act show considerable homogeneity across the forms of delegation, the subsequent exercise of the delegated powers is embedded in different procedures, resulting in the adoption of acts which partially diverge in their form and in their position within the hierarchy of norms. With the exception of the delegation under Article 290 TFEU, the control mechanisms appear not to follow the identified chain of delegation, but to reflect the composite structure of EU institutional framework. In this sense, according to the nature of the delegated powers, they are the expression of the institutional balance between the institutional actors in its Member-States-oriented interpretation. Finally, the judicial control exercised by the Court is recognised as condicio sine qua non for the legality of the exercise of the powers by the delegate.
The analysis of the application of the limits and principles identified in the different forms of delegation, however, revealed a number of issues and a certain patchiness in their actual enforcement, shedding light on the blind spots in the democratic control of these phenomena and on the controversial tendencies emerging in practice. In particular, recent trends emerging in connection to the delegation of powers under Articles 290 and 291 TFEU, the absence of specific control mechanisms and procedures for the delegation of powers to the Council, the specific issues related to the delegation to the European Central Bank, and the problematic constitutional position of the EU agencies lacking a fully-fledged legal basis and clear role in primary law, determine a partial inadequacy of the existing legal framework.
Therefore, in the light of the issues described, the thesis ends with some recommendations for strengthening the existing legal framework, with particular regard to the express provision of the delegation of powers to EU agencies in the text of the Treaties and to the development of a common legal framework for the different forms of delegation which fully safeguards the respect of the rule of law and the institutional balance in the EU legal system.La tesi mira ad analizzare l’istituto giuridico della delegazione di nell’ordinamento dell’Unione europea ed a definire le caratteristiche e i limiti che tale fenomeno è tenuto a rispettare alla luce dei principi costituzionali di questo ordinamento. Lo studio, pertanto, elabora una definizione di delegazione di poteri che, sulla base delle tradizioni giuridiche degli Stati membri e alla luce delle peculiarità istituzionali dell’UE, sia applicabile a questo ordinamento giuridico e individua le forme di delegazione emerse in questo contesto, in particolare la delegazione a favore della Commissione europea ai sensi degli Articoli 290 e 291 TFUE, del Consiglio dell’UE, della Banca centrale europea e delle agenzie dell’Unione. Oltre ad una disamina dell’evoluzione, struttura e natura dei poteri delegati alle diverse istituzioni e organismi, è esaminato il quadro giuridico applicabile a ciascun sistema di delegazione, analizzando il diritto positivo e la giurisprudenza pertinente in relazione all’atto di delega, alle procedure per l’esercizio dei poteri delegati, alla posizione degli atti nella gerarchia delle fonti e al controllo giurisdizionale degli stessi. La ricerca riconosce, al di là delle peculiarità attinenti a ciascun sistema di delegazione, principi comuni e dinamiche che dimostrano come la delegazione di poteri sia retta da un quadro giuridico coerente e applicabile orizzontalmente alle diverse forme di delegazione. In particolare, l’atto di delega è tenuto, in primo luogo, a rispettare le prerogative del legislatore che solo è legittimato a stabilire gli elementi essenziali della materia. Nonostante le incertezze sulla precisa definizione di “elementi essenziali” che la recente giurisprudenza ha in parte mitigato, questo principio determina l’esistenza di un ambito riservato al legislatore in cui la delegazione è preclusa. In secondo luogo, l’atto di delega deve stabilire in maniera specifica i poteri delegati, identificando chiaramente i limiti in modo da consentire un controllo effettivo, anche giurisdizionale, sull’esercizio ultra vires della delegazione. In questo senso, maggiore è la precisione nella definizione dei poteri delegati, più intenso può essere lo scrutinio della Corte nel giudizio di legittimità della delegazione. In terzo luogo, le problematiche attinenti alla base giuridica sono analizzate, rilevando come l’uso dell’Articolo 114 TFUE per la delegazione di poteri alle Commissione e alle agenzie sia problematico nonostante l’avvallo della Corte. Inoltre, l’assenza di una specifica Delegationsnorm per alcune forme di delegazione è discussa, rilevando la peculiarità della concezione di principio di legalità nell’ordinamento giuridico dell’UE. Mentre l’analisi dei limiti applicabili all’atto di delega dimostra una sostanziale omogeneità, la disamina dei limiti e dei controlli sull’esercizio dei poteri delegati ha fatto emergere la diversità delle procedure, della forma e della collocazione gerarchica degli atti risultanti dalla delegazione. Ad eccezione della delegazione ai sensi dell’Articolo 290 TFUE, i meccanismi di controllo, infatti, non appaiono seguire la catena di delegazione delineata, ma riflettono la struttura composita del quadro istituzionale dell’UE. In questo senso, a seconda della natura dei poteri conferiti, sono espressione dell’equilibrio istituzionale tra le istituzioni coinvolte, nella sua accezione comprendente gli Stati membri. Infine, il controllo giurisdizionale degli atti derivanti dalla delegazione è riconosciuto come condicio sine qua non per la legittimità di questo istituto giuridico. L’analisi della applicazione dei limiti e principi individuati nelle diverse forme di delegazione, tuttavia, presenta criticità e lacune che sollevano dubbi sull’effettivo rispetto dei principi di legalità e di equilibrio istituzionale. In particolare, le recenti tendenze emerse in relazione all’esercizio dei poteri delegati ai sensi degli Articoli 290 e 291 TFUE, l’assenza di specifici controlli procedurali in relazione alla delegazione al Consiglio, nonché gli specifici problemi relativi alla delegazione alla Banca centrale europea e la problematica posizione delle agenzie prive di una base giuridica e un chiaro ruolo istituzionale in diritto primario, determinano una parziale inadeguatezza del quadro giuridico esistente. Pertanto, alla luce delle criticità emerse, la tesi termina con alcune raccomandazioni per il rafforzamento del quadro giuridico esistente, in particolare con riferimento ad un’espressa previsione della delegazione alle agenzie nel testo del Trattato e allo sviluppo di un quadro giuridico comune alle forme di delegazione che garantisca pienamente il rispetto delle esigenze di democrazia e legittimità nell’ordinamento dell’UE.
28
Christian, Gideon. "Sustainable Legal Framework for Transboundary Movement of Electronic Waste". Thèse, Université d'Ottawa / University of Ottawa, 2014. http://hdl.handle.net/10393/30431.
Resumen
The quest for sustainable development has always involved the complex task of reconciling the need for socio-economic development with public health and environmental protection. This challenge has often emerged in the trade and environment debate but has most recently been evident in international trade in used electrical and electronic equipment (UEEE). While international trade in UEEE provides means for socio-economic development in the developing world, it also serves as a conduit for transboundary dumping of e-waste in the developing world giving rise to serious health and environmental concerns. This research investigates the socio-economic as well as health and environmental impacts of international trade in UEEE in two developing countries – Nigeria and Ghana. The research identifies a major loophole in the existing international legal framework as the primary factor responsible for e-waste dumping in the developing world. This loophole relates to the absence of a legal framework for differentiating between functional UEEE and junk e-waste. This has resulted in both functional UEEE and junk e-waste being concurrently shipped to the developing world as “used electrical and electronic equipment”. The research proposes two policy frameworks for addressing this problem. On the part of developing countries, the research proposes a trade policy framework crafted in line with WTO rules. This framework will entail the development of an international certification system which will serve to differentiate functional used electronics from junk e-waste. While the former may be eligible for import, the research proposes an import ban on the latter. On the part of developed countries, the research proposes the development of a policy framework which regulates the toxic and hazardous substances that go into the production of electrical and electronic equipment as well as enhance their reusability and recyclability at end-of-life. The framework should take into consideration the entire life cycle of the products from the design stage to end-of-life. The research argues that the implementation of this design framework will go a long way in reducing the health and environmental impacts of such equipment when subsequently shipped to the developing world at end-of-life.
29
Sakamoto, Saeko. "Legal framework for Japan to facilitate private space activities". Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101827.
Resumen
This thesis explores a viable domestic legal framework for Japanese private space activities. Ideally, Japanese space legislation would govern private entities in a way that promotes commercialization while also fulfilling international obligations, doing both with an especial focus on commercial launch activities. First, I analyze current Japanese space law and space policies and continue by identifying Japan's problems in this arena. Next, I present research regarding other countries' space legislation solutions and examine how other nations' regulations do or do not solve problems similar to Japan's. Then, I assess the applicability of the foreign countries' approaches to Japan's situation. Finally, I propose ideas for a new legal structure for space activities in Japan and discuss possible implementation. I do so within the context of existing space policy problems that Japan must first tackle in order to successfully develop and enforce such new laws in the future.
30
Davidson, Paul James. "The evolving legal framework for economic cooperation in ASEAN". Thesis, University of London, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.397254.
31
Van, Wyk Karolien. "The legal framework regulating medical parole : a comparative study". Diss., University of Pretoria, 2014. http://hdl.handle.net/2263/46101.
32
Sforzini, Valeria <1993>. "Surrogacy: a legal framework overview and a Feminist perspective". Master's Degree Thesis, Università Ca' Foscari Venezia, 2018. http://hdl.handle.net/10579/12215.
Resumen
With the aim of determining if surrogacy actually leads to the exploitation of women and of their bodies, this thesis gives an overview of the practice, from a more general collection of data and the analysis of the legal framework regulating it at different levels; to the ethical and moral criticalities it arises. The fragmented, and still not homologated, legal background has led to the necessity to restrict the selection of countries to analyse and, consequently, to the decision of presenting the normative body of 4 or 5 most representative states in which the practice has been: severely prohibited, partially allowed, totally permitted or in which there are draft proposals for a new regulation. At international level, a confrontation with the Human Rights framework led to emphasize the most critical aspects of the practice, while at European level, an insight of the study commissioned by the European Parliament gave an overview of the current situation in the EU states and present possible common solutions. As with regard to the moral and ethical aspects of the practice, the most debated and thorny issues have been analysed through the lens of feminist writings and literature. Moreover, in order to present the reaction of contemporary feminist thought, the last chapter presents the different positions taken by the main feminist groups of the most involved countries on the issue.
33
Tamai, Ilaria <1996>. "Circular Economy: principles, legal framework and applications in China". Master's Degree Thesis, Università Ca' Foscari Venezia, 2020. http://hdl.handle.net/10579/17634.
Resumen
Since the Seventies the global community realized that the Earth’s resources are finite, and the research on the sustainability issue gained momentum. Nowadays resource depletion is a fundamental variable to be taken in consideration, not only in relation to the environmental consequences that it produces, but also by liking it with the economic reality. Circular Economy (CE) is one of the solutions proposed for a sustainable development, aimed at harmonizing the use of resources and protecting the environment. The hereby presented thesis does not only depict CE development and contents, but it particularly focuses the analysis on CE implementation in the Chinese reality. China, in fact, is one of the three largest economies in the world and despite being the first greenhouse gases (GHG) emitter on absolute basis, it is considered one of the leader countries in CE promotion and commitment to the cause. The thesis contextualizes Chinese CE implementation in the broader context of environmental protection, with particular attention on the top-down dynamic and the implementation tools used by Chinese administration. An analysis of the Chinese legal framework surrounding CE implementation is carried out, presenting five key documents. Finally, the thesis focuses on the implementation of CE at the micro level of companies, presenting the Chinese reality, with a particular focus on the Guangdong region, additionally providing the results of a research project in which the author took part
34
Riaz, Shamreeza. "Freedom of expression and the criminalisation of online glorification of an offence: A case study of Pakistan". Thesis, Queensland University of Technology, 2020. https://eprints.qut.edu.au/200252/1/Shamreeza_Riaz_Thesis.pdf.
Resumen
This thesis analyses Pakistani legislation which criminalises speech that glorifies an offence. It examines Islamic Law and Western Liberal perspectives on freedom of expression. The thesis develops a synthesized legal framework for the protection of freedom of expression to assess whether the Pakistani glorification of an offence provision maintains an appropriate balance between 'protected expression' and 'prohibited expression' under international law and Pakistani law.
35
El-Atrash, Sami Salem. "Political rights in the contemporary Arab legal order". Thesis, University of Glasgow, 1989. http://theses.gla.ac.uk/4815/.
36
Murtuza, Rushmina. "The impact of legal process outsourcing in South Africa". University of Western Cape, 2020. http://hdl.handle.net/11394/7587.
Resumen
Doctor Legum - LLDLegal Process Outsourcing (LPO), the act of sending legal work to an offshore destination or onshore to another location within the same country by a law firm or legal department to a legal outsourcing company, has steadily grown to become a billion dollar industry, transforming the legal landscape from the traditional law firm set up and firmly entrenching itself as a valued accessory to any law firm vying for success. The integration of the LPO business model arguably offers lower labour costs, 24-hour service delivery and direct access to a pool of professional lawyers specialising in a multitude of disciplines
37
Hori, Sayaka. "Exploring the Legal Framework of Local Groundwater Governance in Japan". 京都大学 (Kyoto University), 2017. http://hdl.handle.net/2433/225762.
38
Bin, Idris Mohammad Hussin Ali. "Necessity within the legal framework of self-defence against terrorism". Thesis, University of Leeds, 2015. http://etheses.whiterose.ac.uk/13390/.
Resumen
This thesis focuses on the criteria established for the use of force in self-defence in international law. The prohibition on the use of force in Article 2(4) of the United Nations Charter is subject to exemption by way of approval from the Security Council, or by invoking the right to self-defence. The use of force in self-defence is promulgated in Article 51 of the United Nations Charter, but is understood to be restricted by the principles of necessity and proportionality. Since the attacks in the United Stated on 11th September 2001, the law on self-defence has focused on the emergence of non-state actors within the framework of jus ad bellum. In view of this, and the contemporary context, this thesis seeks to reappraise the meaning of necessity in light of terrorism. In particular, the study asks whether the meaning of necessity is affected if self-defence is applied against a non-state actor, and if so, how. It also explores the establishment of the two conditions of self-defence, necessity and proportionality, based on the Caroline incident, and examines how the Caroline doctrine has been interpreted in the formulation of rules incorporated in jus ad bellum. The understanding of necessity in self-defence is also re-evaluated by asking the role of necessity in self-defence framework. It is argued that necessity has two important roles in self-defence law. First, it argued that necessity acts as a requirement to self-defence, specifically by seeking whether an armed attack has taken place, and if so, whether there is an alternative option to the use of non-forcible measures. Second, necessity acts as a limitation to self-defence, establishing that any defensive measures must be employed solely to achieve the legitimate aim of self-defence, which is to halt and repel an armed attack. However, it is difficult to assess necessity as a limitation on the use of force in self-defence when force is directed against terrorist groups.
39
Wenig, Michael Moers. "The Fisheries Act as a legal framework for watershed management". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape9/PQDD_0020/MQ47929.pdf.
40
Boss, B. C. "Law and peace a legal framework for United Nations peacekeeping /". Connect to full text, 2006. http://hdl.handle.net/2123/1204.
Resumen
Thesis (Ph. D.)--University of Sydney, 2006.Title from title screen (viewed 1 June 2007). Submitted in fulfilment of the requirements for the degree of Doctor of Philosophy to the Faculty of Law. Includes bibliographical references. Also issued in print.
41
Belevici, Stanislav. "The legal framework for investment protection in [the] Russian federation /". Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=83946.
Resumen
Attempts by the international community to establish a comprehensive global framework for protection of foreign investment have not yet succeeded. The Russian Federation has remained aloof from these efforts. Its attention instead has been focused on the need to redesign its internal legal framework to accommodate the transition to a market economy.The first aim of this thesis is to identify the major policy issues that inform the multilateral investment protection debate and to identify the motives that have influenced Russia not to participate. The second aim is to provide an analysis of the progress that the Russian Federation has made in reforming its internal legal framework to better accommodate and protect foreign investment and identify the deficiencies that still have to be addressed.
42
Bouvet, Isabelle. "An international legal framework to govern space natural resources exploitation". Thesis, McGill University, 2013. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=116877.
Resumen
Since the 1960s, there has been a very rapid development of space activities. Over the last 50 years, meteorology, telecommunication and Earth Observation satellites have become a necessity for our activities on Earth. At the same time, scientific exploration of the universe has produced extraordinary discoveries related to our solar system and also improved our knowledge of our home planet Earth. From the very first space exploration programmes and Apollo missions, the potential existence of space natural resources has generated an important scientific curiosity. The Sea, the Antarctic and the Arctic natural resources have generated a great commercial interest and continue to do so. The regimes regarding their natural resources differ as it will be analysed. Today, space natural resources are seriously considered for in-situ utilization in the context of both manned and unmanned future exploration missions. Beyond utilization, the question of their commercial exploitation is raised: several companies have released plans to study and exploit space natural resources: Planetary Resources Company, Golden Spike Company, Deep Space Industries and B612 Foundation to name a few. International space law was elaborated during the Cold War in order to define a framework for activities before they occur; commercial space activities are governed by a strong legal regime including notably Earth Observation, Telecommunication, Meteorology…. However, space natural resources have not been subject of a dedicated regime yet. The lack of a minimum rule agreed by all is a risk for the actors involved in this activity and the international relations. This dissertation explores the main legal issues related to the exploitation of space natural resources. Its objective is to analyze the fundamental principles of international space law that may apply and what would be the most appropriate framework. An analysis of the formation of international legal theory is conducted together with its impact on the topic of the thesis. Analogies are drawn from other international areas such as the deep seabed and Antarctica for purposes of proposing an international legal framework to govern the exploitation of space natural resources. The dissertation constitutes an original contribution to the development of law in the way it analyzes the issues related to the exploitation of space natural resources, the political dimension of the topic, and the use of a comparative analysis to define the necessary conditions for a solid legal regime.Le développement des activités spatiales a été fulgurant depuis les années 60. En un demi-siècle, les satellites de météorologie, de télécommunication et d'observation de la Terre sont devenus indispensables à l'activité humaine sur Terre. En parallèle, l'exploration scientifique de l'Univers a permis des découvertes extraordinaires sur notre système solaire tout en permettant d'améliorer nos connaissances concernant la Terre. Dès les premiers programmes d'exploration spatiale avec les missions Apollo, l'existence de ressources naturelles potentielles dans l'espace a généré une grande curiosité scientifique. Aujourd'hui, l'utilisation des ressources est sérieusement considérée pour un usage local dans le cadre de futures missions d'exploration robotiques et habitées. Au-delà de l'utilisation des ressources, la question de leur exploitation commerciale se pose: plusieurs sociétés ont fait part de leur intention d'étudier et d'exploiter les ressources naturelles dans l'espace: Planetary Resources Company, Golden Spike Company, Deep Space Industries et B612 Foundation pour en mentionner que quelques unes. Alors que le droit de l'espace a été élaboré en pleine Guerre Froide de manière à régler les questions juridiques avant qu'elles surviennent, l'exploitation commerciale de l'espace fait l'objet d'un régime solide, celle de ses ressources naturelles ne fait cependant pas l'objet d'un cadre juridique dédié. L'absence de règles minimales agréées par tous constitue un risque pour les acteurs concernés par cette activité et les relations internationales. Cette thèse explore les principales problématiques juridiques liées à l'exploitation des ressources naturelles dans l'espace. Son objectif est d'analyser les principes fondamentaux en droit de l'espace qui seraient susceptibles de s'appliquer ainsi que le cadre juridique le plus approprié. Elle fait ensuite une analyse de la théorie juridique et de son impact sur le sujet. L'analogie du droit international de l'espace existant avec les autres domaines internationaux que sont l'Antarctique et la mer permet enfin d'établir s'ils peuvent servir de base pour l'exploitation des ressources dans l'espace. Cette thèse constitue une contribution originale au développement juridique dans la manière d'aborder la problématique liée à l'exploitation des ressources dans un espace international, la dimension politique du sujet, puis l'approche par analogie indispensable pour définir les conditions nécessaires à un régime juridique solide. Son objectif est de convaincre que le politique doit s'emparer de cette problématique.
43
Tunku, Intan Mainura. "A Legal Framework for the Outer Space Activities in Malaysia". Thesis, University of Newcastle Upon Tyne, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.512201.
44
Rault, Charlotte Julie [Verfasser]. "The Legal Framework of Sovereign Debt Management / Charlotte Julie Rault". Baden-Baden : Nomos Verlagsgesellschaft mbH & Co. KG, 2017. http://d-nb.info/1160314217/34.
45
Mangeni, Francis. "The legal framework for African economic integration : a critical appraisal". Thesis, London School of Economics and Political Science (University of London), 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.327101.
Resumen
The question is whether the legal framework for economic co-operation and integration in Africa, is suitable for achieving the aim of building the African Economic Community [AEC]. Economic integration, in leading to large markets and a supporting infrastructure, is a proper development strategy implementing which will depend on the efficacy of an enabling legal framework and a supportive multilateral trade system. The AEC is an integral part of the Organisation of African Unity [OAU]. Though largely a political organisation since inception way back in 1963, the OAU's agenda is increasingly economic, with the completion of de-colonisation, and will coincide with that of the AEC which is an economic and monetary union to be established in six stages through a merger of the regional economic communities [REC5]. To facilitate this merger, the aims, structure of organs and the entire legal framework of the RECs, need to be harmonised at the continental level. The structure for the AEC and the RECs gives pre-eminence to political organs, relegating the technical to making recommendations. In view of obstacles to African integration, such as inconsistent political will, effective technical organs ought to take charge of implementing the constitutive instruments and programmes. The AEC and RECs comply with the WTO Agreement. However, Article XXIV and Part IV of GATT need a proper interpretation, to guide parties. The Enabling Clause, dealing with regional trade agreements [RTAs] among developing countries, is the proper regime for notifying African RTAs; but as Africa is poised to develop and as the AEC is of indefinite duration, it is prudent that the RTAs comply with Article XXIV also. To develop a suitable legal framework, the protocols need to be drafted and adopted, and all the organs established. The constitutive instruments for the RECs need to be revised and implemented so that the stages for establishing the AEC are followed. An involved civil society and effective rules can improve prospects for the AEC.
46
Grobler, Chazanne. "A regulatory framework for psycho-legal assessments in South Africa". Thesis, University of Pretoria, 2020. http://hdl.handle.net/2263/78604.
Resumen
The study demonstrates that mental health professionals, more specifically psychiatrists and psychologists, conducting psycho-legal assessments in South Africa, play a pivotal role in assisting the courts in ensuring that justice is done. Mental health professionals are involved in numerous matters, ranging from criminal cases, such as conducting psycho-legal assessments regarding criminal capacity, civil proceedings concerning care and contact evaluations, personal injury claims, and many more. In reviewing case law and the complaints lodged with, and rulings made by, the Health Professions Council of South Africa, it is evident that psycho-legal assessments are often problematic. The problems relate to an inadequate level of performance in evaluations and testimony and unethical behaviour. It is argued that the lack of regulation of psycho-legal assessments is one of the main contributing factors in the increasing challenges experienced.
The study examines the current regulatory framework regarding psycho-legal assessments in South Africa by first examining the procedural and evidentiary rules that control the admissibility and evaluation of expert testimony, and secondly, the self-regulation by the mental health professions. To address the shortcomings, the regulatory mechanisms in the international context is analysed by turning to the United Kingdom as well as the United States of America. Both jurisdictions have strong ties to South Africa and a rich history concerning regulating psycho-legal assessments and psychological and psychiatric evidence in general. Drawing from the regulatory frameworks in the comparator countries recommendations for the South African context is made. The recommendations take a multi-level approach, focusing on the rules of evidence and other procedural rules within the legal system and self-regulation of mental health professions.Thesis (LLD)--University of Pretoria, 2020.
Public Law
LLD
Unrestricted
47
Midgley, Danjelle. "Biodiversity offsets: towards an effective legal framework in South Africa". Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15166.
Resumen
South Africa is one of the most biologically diverse countries in the world. This biodiversity is under threat from economic, social and climate change pressures. One mechanism that could be added to South Africa's conservation tools, is that of the biodiversity offset where certain activities are designed to compensate for unavoidable harm to biodiversity resulting from development. The concept and theory of offsetting is controversial however, and not all commentators are in favour of encouraging a formal biodiversity offsetting regime in South Africa. This dissertation will explore the concept of biodiversity offsets in the regulatory permitting context and the controversies implicit in their theory and implementation. A framework for their inclusion in South Africa's environmental permitting context will be suggested.
48
Felley, Mary Louise. "A biodiversity conservation policy and legal framework for Hong Kong". Thesis, Hong Kong : University of Hong Kong, 1996. http://sunzi.lib.hku.hk/hkuto/record.jsp?B17457592.
49
Boss, Bernadette. "Law and Peace: A Legal Framework for United Nations Peacekeeping". Thesis, The University of Sydney, 2006. http://hdl.handle.net/2123/1204.
Resumen
The hypothesis of this work is that international human rights law and not international humanitarian law is the legal framework that applies to United Nations (UN) peacekeeping operations in collapsed States where the peacekeepers do not become a party to an armed conflict. In order to test this hypothesis the work begins by examining what is meant by peacekeeping and charts the evolution of peacekeeping from its origins as a passive ad hoc activity to the modern highly complex operations capable of providing the foundations for the recreation of civil society. Chapter two of the work builds on the first chapter by analysing the UNâs theoretical approach to peacekeeping through its major reports. This chapter provides insight into the development of peacekeeping as a theoretical construct and then into a central tool in the UNâs attempt to implement the Charter. Chapters three and four analyse peacekeeping as practiced by the UN in operations conducted under Chapters VI and VII of the UN Charter. This analysis leads to the conclusion that as a matter of practice the UN and the State parties that have provided the troops to perform peacekeeping under UN control have acted in accordance with international human rights law and that as a result there is evidence of State practice to support an argument that as a matter of customary international law international human rights law applies as the framework for peacekeeping in collapsed States. With a clear grounding in the practice and theory of peacekeeping the work then examines the competing claims of international humanitarian law and international human rights law as the legal framework for peacekeeping operations. Suggestions are made with regard to the triggers for international humanitarian law to apply and the conclusion is drawn that the vast majority of UN operations between 1949 and 2003 were conducted beneath the threshold for the application of international humanitarian law. The final chapter of the work analyses the practical application of a human rights framework to peacekeeping and concludes that it provides a flexible and adaptive tool for the restoration of peace and the reconstruction of civil society. As a result of the analysis of UN peacekeeping theory, practice and the competing claims of international humanitarian law and international human rights law, the work concludes that international human rights law provides the framework for UN peacekeeping in collapsed States and that international humanitarian law will only apply where peacekeepers cross the threshold into armed conflict.
50
Boss, Bernadette. "Law and Peace: A Legal Framework for United Nations Peacekeeping". University of Sydney, 2006. http://hdl.handle.net/2123/1204.
Resumen
Doctor of PhilosophyThe hypothesis of this work is that international human rights law and not international humanitarian law is the legal framework that applies to United Nations (UN) peacekeeping operations in collapsed States where the peacekeepers do not become a party to an armed conflict. In order to test this hypothesis the work begins by examining what is meant by peacekeeping and charts the evolution of peacekeeping from its origins as a passive ad hoc activity to the modern highly complex operations capable of providing the foundations for the recreation of civil society. Chapter two of the work builds on the first chapter by analysing the UNâs theoretical approach to peacekeeping through its major reports. This chapter provides insight into the development of peacekeeping as a theoretical construct and then into a central tool in the UNâs attempt to implement the Charter. Chapters three and four analyse peacekeeping as practiced by the UN in operations conducted under Chapters VI and VII of the UN Charter. This analysis leads to the conclusion that as a matter of practice the UN and the State parties that have provided the troops to perform peacekeeping under UN control have acted in accordance with international human rights law and that as a result there is evidence of State practice to support an argument that as a matter of customary international law international human rights law applies as the framework for peacekeeping in collapsed States. With a clear grounding in the practice and theory of peacekeeping the work then examines the competing claims of international humanitarian law and international human rights law as the legal framework for peacekeeping operations. Suggestions are made with regard to the triggers for international humanitarian law to apply and the conclusion is drawn that the vast majority of UN operations between 1949 and 2003 were conducted beneath the threshold for the application of international humanitarian law. The final chapter of the work analyses the practical application of a human rights framework to peacekeeping and concludes that it provides a flexible and adaptive tool for the restoration of peace and the reconstruction of civil society. As a result of the analysis of UN peacekeeping theory, practice and the competing claims of international humanitarian law and international human rights law, the work concludes that international human rights law provides the framework for UN peacekeeping in collapsed States and that international humanitarian law will only apply where peacekeepers cross the threshold into armed conflict.