Tesis: "Procedure (law)"

1

Petrochilos, Georgios C. "Procedural detachment in international commercial arbitration : the law applicable to arbitral procedure". Thesis, University of Oxford, 2000. https://ora.ox.ac.uk/objects/uuid:41c82c4d-d708-4cfe-b853-d50e41ea0773.

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This thesis seeks to ascertain the rules of private international law determining the procedural law of international commercial arbitral proceedings. In an Introduction, the author outlines the fundamental notions, introduces the topic and the major doctrines and issues, and sets out his methodology and structure of the work. The thesis examine first, as a preliminary issue, the considerations influencing the assumption of jurisdiction over arbitral proceedings. Chapter 1 discusses the various theories on the lex arbitri (the law supplying the general legal framework of an arbitration) as relevant to the procedural law, and concludes that they are deductive and therefore unable to satisfactorily to determine the applicable procedural law. Chapter 2 analyses major national laws as case-studies of the technique and scope of application of international arbitration law, and suggests a model of legislative and court jurisdiction based on the legal concept of 'seat of the arbitration' and on considerations based on the most appropriate court to control an arbitration. Chapter 3 discusses the obligations of the state of the seat under the European Convention on Human Rights and confirms the findings in Chapter 2. In a second part, the thesis elaborates on the title and extent of permissible municipal law interference. Chapter 4 tests the validity of the propositions derived from Chapters 2 and 3 against arbitral practice and concludes that seldom will arbitrators derogate from the law of the seat. Chapter 5 examines the particular case of arbitrations with states and similar entities. The third part discusses the relevance of compliance with the law of the seat at the stage of enforcement of an award. Chapter 6 deals with the technical issue of whether annulment at the place of making precludes enforcement in other fora. That chapter gives the opportunity to discuss models of separation of international jurisdiction and co-operation between different jurisdictions from a practical perspective. It thus serves as a convenient introduction to Chapter 7, which discusses the more abstract question of the nexus required between an arbitral award and the municipal law of the state of rendition in order for the award to enter, in limine, the scope of application of the international instruments in the field. The thesis ends with Conclusions in the form of model provisions for municipal law and arbitration rules.

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2

Hovell, Devika. "The value of procedure : formalist and substantive approaches to procedural fairness in Security Council sanctions decision-making". Thesis, University of Oxford, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.711638.

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3

Higa, García Alfonso. "The Arbitration Clauses and the New Labor Procedure Law". Derecho & Sociedad, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/119111.

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The following article offers a point of view about the arbitraje as an alternate resolution method for workplace conflicts, in this way, a more critical point of view can be developed about the possibility of the arbitraje usage regulated in the “Ley Procesal del Trabajo” which once again has been regulated in the “Nueva Ley Procesal del Trabajo”. For that purpose, the author analyzes the different points of view existing in the doctrine as well as the ones in the jurisprudence about the labour arbitration situation in the “Ley General de Arbitraje”, followed by this, it will be analyzed the regulation contained in the “Nueva Ley Procesal del Trabajo”.
El presente artículo nos brinda una visión acerca del uso del arbitraje como método de resolución de conflictos alterno en el ámbito de los conflictos laborales, así, se desarrolla una mirada crítica sobre la posibilidad del uso del arbitraje que se encontraba regulada en la Ley Procesal del Trabajo y que, nuevamente, ha sido regulada en la Nueva Ley Procesal del Trabajo. Para ello, el autor analiza las posiciones existentes tanto en la doctrina como en la jurisprudencia sobre la situación del arbitraje laboral en la Ley General de Arbitraje, luego de lo cual se analizará la regulación contenida en la Nueva Ley Procesal del Trabajo.

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4

Sillaots, Meris. "Kokkuleppemenetlus kriminaalmenetluses". Tartu : Tartu Ülikooli Toimetised, 2004. http://dspace.utlib.ee/dspace/bitstream/10062/817/5/sillaots.pdf.

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5

Tiede, Lydia Brashear. "The politics of criminal law reform a comparative analysis of lower court decision-making /". Diss., Connect to a 24 p. preview or request complete full text in PDF format. Access restricted to UC campuses, 2008. http://wwwlib.umi.com/cr/ucsd/fullcit?p3307373.

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Thesis (Ph. D.)--University of California, San Diego, 2008.
Title from first page of PDF file (viewed August 13, 2008). Available via ProQuest Digital Dissertations. Vita. Includes bibliographical references.

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6

Fajardo, Mori Martín. "The Presumption of Labor in the New Labor Procedure Law". Derecho & Sociedad, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/118189.

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This article focuses on the analysis and use of the institutions that are used in the new work process in order to give effective protection to workers in a process who were imposes a minimum duty of proof, and in turn, serve to combat fraud in hiring.
El presente artículo se enfoca en el análisis y usos de las instituciones que se utilizan en el nuevo proceso laboral con el fin de dar un tutela efectiva a aquellos trabajadores dentro de un proceso a quienes se les impone un deber mínimo de probanza, y, a su vez, sirva para combatir el fraude en la contratación laboral.

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7

Tshikovhi, Rotondwa Happy. "The law relating to double jeopardy in labour law". Thesis, University of Limpopo, 2014. http://hdl.handle.net/10386/1236.

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Thesis (LLM. (Labour Law)) --University of Limpopo, 2014
This research focuses on the application of the double jeopardy principle in labour law, section 188(1)(a (b) of the Labour Relations Act 66 of 1995, (herein the LRA) which provides that the dismissal is unfair if the employer fails to prove that the reason for the dismissal is fair and was effected in accordance with a fair procedure. The first point which I would explain is the meaning of double jeopardy and whether it is applicable in labour law. The research articulates that the double jeopardy principle applies to labour law and enumerates ways it can be applied. The South African courts, in particular, the Labour Court and the Labour Appeal Court have delivered several judgements on the double jeopardy principle. These cases will be critically discussed in detail. Comparison will be made with foreign labour law jurisprudence on the double jeopardy principle, particularly in Australia and the United States of America.

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8

White, Sarah. "Procedure and legal arguments in the court of Canterbury, c. 1193-1300". Thesis, University of St Andrews, 2018. http://hdl.handle.net/10023/12686.

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This thesis examines the construction of legal arguments in the English ecclesiastical courts, 1193-1300. The primary source materials used are the records of the thirteenth-century provincial Court of Canterbury, the earliest extensive collection of English ecclesiastical court records. The thesis is divided into two sections: 1) the development and use of Romano- canonical procedure in the Court of Canterbury, and 2) the construction of arguments based on procedure, issues of fact, and issues of law, as well as the citation of legal sources. As yet, very little work has been done on the practical aspects of litigation and legal representation in the ecclesiastical courts before the fourteenth century. By combining a broad overview of procedure with a detailed analysis of select documents and cases, this thesis will provide a more in-depth study of legal argument in the ecclesiastical courts than has previously been available. In the thirteenth century, the ecclesiastical courts were operating within an extensive framework of written law, which made the litigants dependent on both the eloquence of their argument and on their ability to cite their sources and offer proofs. The increased complexity of arguments and the appearance of explicit canon and civil law citations at the end of the thirteenth century were almost certainly a result of the development of the roles of advocates in the church courts. This study will use the surviving records from Canterbury to provide a detailed picture of litigation in the period, in particular with regard to the way in which litigants constructed their arguments and accessed representation, and the manner in which legal experts made use of their education when practising in the church courts. This will allow us to further investigate how litigants were able to understand and make effective use of a changing legal system.

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9

Safferling, Christoph Johannes Maria. "Towards an international criminal procedure /". Oxford [u.a.] : Oxford University Press, 2003. http://www.loc.gov/catdir/enhancements/fy0615/2003276194-d.html.

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10

Pericone, Nicholas P. "The joinder of the issue and the modification of grounds in formal trials". Theological Research Exchange Network (TREN) Access this title online, 2005. http://www.tren.com.

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11

Śniosek, Jarosław. "Hierarchical recourse a remedy for injuries suffered from administrative acts /". Theological Research Exchange Network (TREN), 2007. http://www.tren.com/search.cfm?p029-0693.

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12

Romano, Carlo Alberto. "Advance tax rulings and principles of law : towards a European tax rulings system? /". Amsterdam : IBFD, 2002. http://bibpurl.oclc.org/web/31193.

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13

Dimgba, Nnamdi. "European Community Competition Law procedure and the European Convention of Human Rights". Thesis, University of the West of England, Bristol, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.418422.

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This thesis is concerned with the subject of human rights protection in the field of European Community competition law. In particular, it looks at the cOlnpliance of Community competition law procedure with the European Convention on Human Rights. This subject is considered not only interesting but also necessary for at least two reasons. The first is the fact that even though the COlnn1unity is not a party to the Convention, all the Member States are on their own parties to it. These Member States are often saddled with the obligation of implementing Community sanctions on undertakings for violations of the con1petition rules. If the procedure for arriving at those sanctions is not compliant with the Convention, to what extent then could these Member States assist in enforcing the sanctions in keeping with their obligations under Community law, and still operate within their obligations under the Convention? The second is the fact that undertakings consistently raise Convention points and defences even before the Comn1unity Courts, notwithstanding the fact that the Community is not a party to the Convention. To what extent then are they entitled to do so? The answer must be tied to the question of the extent to which the Convention is a part of Community law. At the root of the whole problem are the enormous and multiple responsibilities which the Commission dispenses in the enforcement of cOlnpetition law. These responsibilities are considered, at least by both undertakings and commentators, to be quite contradictory in the sense that the Commission adorns different garbs such as that of policy-making, investigation, prosecution and decisionmaking, almost simultaneously. This thesis discusses these issues. It calls for a major change to the way competition law is enforced in the Comn1unity. This major change is to comprise of two components, an external and an internal one. Externally, it calls for the Community's accession to the European Convention on Human Rights, in order to bring the Community institutions, including the Courts, to the supervisory control of the European Court of Hmnan Rights. This would, at least symbolically, raise the overall level of hun1an rights protection in competition law. The internal component would consist of breaking the cumulative powers of the Commission and the transfer of first instance decision-making power to a judicial organ, either to the Court of First Instance, or to a court to be specially set up for competition law. This last component would raise, not just symbolically, but also in real terms, the level and perception of human rights protection in Community competition law procedure.

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14

Södergren, Patrik. "Vem dömer i gråzonen? : Domstolsprövning i gränslandet mellan offentlig rätt och privaträtt". Doctoral thesis, Umeå universitet, Juridik, 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-26521.

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The starting point of this thesis is the assertion that the interaction between individuals and public authorities sometimes produces claims which cannot easily be categorized as public or private law claims – “claims in the twilight zone”. The aims of the thesis are to examine to what extent such claims can be determined by a court of law and to establish to which kind of court such a claim is properly to be submitted. Moreover, assuming that there is a division of competence between the general courts and the administrative courts that purport to “cut through” claims in the twilight zone, the thesis examines three specific interests: 1) the interest of effective adjudication of claims in the twilight zone; 2) the interest of upholding the division of competence between the general courts and the administrative courts; and 3) the interest of avoiding parallel decisions on the same subject matter. There is much to support the conclusion that claims in the twilight zone have hitherto, with a couple of important exceptions, been adjudicated in the general courts. However, certain ambiguities relating to the proper role of the administrative courts make it uncertain whether this can still be said to be the case. It may perhaps be that the Supreme Court and the Supreme Administrative Court have divergent conceptions of the meaning and effect of a decision made by an administrative court. The present uncertainty makes it difficult to establish to which kind of court a claim in the twilight zone is properly to be submitted, and there is a certain risk that such a claim will not be possible to pursue through a judicial process at all. There is also a certain risk that new boundary lines between public law and private law will be created as a result of procedural ambiguities and not as a result of clear standpoints in matters of substantial law. It is suggested that the situation should be remedied by clarifying the proper role of the administrative courts – or by an amalgamation of the general courts and the administrative courts to one single court system.

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15

SAAVEDRA-BAZAGA, Alicia Isabel. "Adaptive and symbiotic : regulation at the boundaries of administrative law". Doctoral thesis, European University Institute, 2022. https://hdl.handle.net/1814/74743.

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Defence date: 14 July 2022
Examining Board: Deirdre Curtin, Supervisor, (EUI); Joanne Scott, (EUI); Javier Barnes, (Universidad de Huelva/UPF); Joana Mendes, (University of Luxembourg)
The revised version of the PDF of 2023 contains the author acknowledgements.
In the context of a reconfigured public-private regulatory landscape, this thesis analyses, through the lenses of administrative law, regulatory activities with a public law impact. It critically assesses whether those activities are performed by non-state regulators in compliance with administrative law principles that are required for this kind of activity when performed by a public regulator. It proposes a tailored use of administrative law principles as public law control for such regulatory activities. Three separate levels of engagement with regulation are pin-pointed. First, the movement from private actors internalizing a public logic in regulation to private actors performing as regulation shapers; second, the progression from administrative law principles applied to public regulation to administrative law-like principles applied in non-conventional forms of regulation; third, the evolution from a preeminently subject-centered logic in administrative law to an increase in the use of a functional logic. These underlying trajectories will be demonstrated through three different examples of non-conventional forms of regulation: regulation through information, regulation through standards and regulation through professional codes. The presence of administrative law principles in these examples of non-conventional forms of regulation will be analysed with a focus on whether and how they contribute to governing the relationship between these non-conventional regulators and citizens. This work is structured as follows. Chapters two and three analyse administrative laws adaptative capacity, in domestic and beyond the state settings, respectively, providing the theoretical framework for administrative law. Chapter two will show how administrative law has developed in different national contexts to adapt to new phenomena over time. The adaptative capacity of administrative law will become more evident in chapter three in relation to new phenomena beyond the state, where nonstate actors are emerging as more relevant in regulatory and governance areas. Chapter four provides a theoretical framework for regulation and analyses it in relation to administrative law as portrayed in previous chapters. This chapter attempts to understand what is meant by regulation in the context presented in previous chapters. Chapter five presents three examples that illustrate the interplay between private and public rule-makers at different levels as well as the concerns that may arise from a public law point of view.

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16

Lindholm, Johan. "State Procedure and Union Rights : A Comparison of the European Union and the United States". Doctoral thesis, Uppsala : Iustus, 2007. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=016250418&line_number=0002&func_code=DB_RECORDS&service_type=MEDIA.

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Kwan, Chung Kit. "Hong Kong civil justice reform the significance of mediation as a means of alternative dispute resolution /". access abstract and table of contents access full-text, 2008. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b22445997a.pdf.

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Thesis (M.A.)--City University of Hong Kong, 2008.
"A dissertation undertaken in partial fulfillment of the requirements of the M.A. in arbitration and dispute resolution, City University of Hong Kong." Title from PDF t.p. (viewed on Apr. 1, 2008) Includes bibliographical references.

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18

Mc, Kay Stephen. "An evaluation of the effectiveness of the planning enforcement system in Northern Ireland". Thesis, University of Ulster, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.365918.

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Paim, Gustavo Bohrer. "Direito processual eleitoral? : por uma processualidade do direito eleitoral". reponame:Biblioteca Digital de Teses e Dissertações da UFRGS, 2015. http://hdl.handle.net/10183/127929.

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A insegurança jurídica é uma das grandes preocupações do Direito, especialmente do Direito Processual. O mesmo ocorre com o Direito Eleitoral e o Direito Processual Eleitoral, que estão, essencialmente, imbricados, em uma fase metodológica que não discrepa do arcaico sincretismo do Direito Processual. Para que tão relevante ramo do Direito evolua, faz-se necessário o estudo da segurança jurídica, das fases metodológicas do processo e da Teoria Geral do Processo. Assim, é possível demonstrar o estágio em que se encontra e a imprescindibilidade de desenvolvimento de um Direito Processual Eleitoral. A partir de tais premissas, é que se faz imperiosa a efetiva construção de um Direito Processual Eleitoral, o que fica ainda mais perceptível com o estudo de inúmeros exemplos de insegurança legislativa e jurisprudencial. Nesse contexto, o Direito Processual Eleitoral demanda uma construção legislativa, com a sistematização e consolidação normativa, bem como necessita de uma construção doutrinária, a ser elaborada a partir da ferramenta constitucional dos direitos fundamentais e da ferramenta conceitual da Teoria Geral do Processo, a permitir a mitigação da insegurança jurídica existente.
The lack of legal certainty is one of the major concerns of Law, mainly of Procedural Law. The same happens with Electoral Law and Electoral Procedural Law, which are, essentially imbricated at a methodological phase that does not differ from the archaic syncretism of Procedural Law. In order to make such important area of Law develop, it becomes necessary to study the legal certainty, the methodological phases of the procedure and the General Theory of Procedure. This way, it is possible to identify the stage in which the indispensability of development of an Electoral Procedural Law is. On these grounds it is of foremost importance the effective construction of an Electoral Procedural Law. This becomes even more noticeable through the study of many examples of legislative and jurisprudential lack of security. In such context, the Electoral Procedural Law demands a legislative construction, with its normative systematization and consolidation, as well as the need of a doctrine construction, to be developed from a constitutional tool of fundamental rights and a conceptual tool of General Theory of Procedure, so as to allow the mitigation of the lack of legal certainty existent.

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20

Rodríguez, Hurtado Mario Pablo. "Constitutionalization of procedural law and its impact in standard legislation reform, CPP (Criminal Procedure Code) and in criminal justice system". Pontificia Universidad Católica del Perú, 2013. http://repositorio.pucp.edu.pe/index/handle/123456789/116463.

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This article examines the close relationship between criminal procedure and constitutional law within a democratic State framework as well as the guarantees provided from a constitutional point of view in accordance with the current context of human rights globalization. Then, the author approaches us to criminal procedure main principles and guarantees, procedural models historically formed. Finally, it presents an interesting Criminal Procedural Code analysis describing guarantees, principles and procedural models recognized in our country.
Este artículo reflexiona sobre la estrecha relación entre el proceso penal y el derecho constitucional en el marco de un Estado democrático, así como sobre las garantías que debe brindar desde la óptica constitucional y en el actual contexto de globalización de los derechos humanos. A continuación nos aproxima a los principales principios y garantías del proceso penal, y a los modelos procesales históricamente configurados. Finalmente, el artículo nos presenta un interesante análisis de Código Procesal Penal, describiendo las garantías, principios y modelo procesal reconocido de nuestro país.

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21

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

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

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22

Granlund, Gustav. "Bevisbördans placering i taxeringsprocessen". Thesis, Örebro University, Örebro University, Örebro University, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-9576.

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Sammanfattning.

I uppsatsen berörs ämnet bevisbördans placering i taxeringsprocessen. Detta görs

genom användning av en rättsdogmatisk metod. Av frågestelningen utgörs syftet att

utreda vart bevisbördan är placerad på kostnadssidan när det gäller inkomstslaget

näringsverksamhet. Som framgår av uppsatsen är bevisbördan generellt placerad på

den skattskyldige när det gäller kostnadsavdrag. Att så är fallet framgår av den i

doktrinen förda diskussion att placeringen har blivit vedertagen. Vissa undantag

finns, ett är då lag stadgar att bevisbördan är placerad på annat vis. Andra fall är vid

eftertaxering och påförande av skattetillägg, i båda dessa fall anses det så

betungande för den enskilde att bära bevisbördan att den istället placerats på

myndigheten. En bevisbördepunkt placeras även ut på sannolikhetsskalan, denna

placering utgör det beviskrav som skall vara uppnått för att den bevisskyldige skall få

bifall för sitt yrkande. Beviskravet fastställs i de flesta fall av domstolarna då lagen

oftast inte ger utryck för vilket krav som ställs. Om bifall kan medges är beroende av

den bevisning som läggs fram inför rätten samt vilket värde bevisningen ges. En fri

bevisvärdering skall tillämpas där varje enskilt bevis skall bedömas utifrån sitt

specifika värde.

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Pessenbacher, Stephen. "An analysis of the amalgamation and merger procedure in South African company law". University of the Western Cape, 2017. http://hdl.handle.net/11394/6341.

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Magister Legum - LLM (Public Law and Jurisprudence)
Prior to 2010, as a result of a sluggish global economy, the amalgamation and merger procedure in South Africa was active although it was at an all-time low.1 However, in 2010, there was an increase in amalgamation and merger activity in South Africa which was more pronounced in cross-border deals in South Africa and general corporate restructurings.2 As a result of this, as well as the developed infrastructure that was placed in preparation for the FIFA 2010 World Cup, the country attracted more and more foreign markets to invest in South Africa which contributed to the increasing rate of amalgamations and mergers.3 Nevertheless, the global recession has also contributed to the increase in amalgamations and merger activity as many companies in South Africa have merged to buck the negative trend that most companies find themselves in, increase their revenue and work with each other to advance the position of the company on a par with those of its competitors. However, there are various other reasons as to why companies consolidate their assets and liabilities. Recently, Tiso Blackstar, a merged investment holding company, consolidated their assets, liabilities and skills between Blackstar Plc and Tiso Investment Holdings to expand its operations and to seek investment opportunities in Africa which is boasting with economic growth.4 The company was of the opinion that the merger would not only enhance its scale and profitability, but it would also put the group on a new growth path.5 There are many benefits in which companies may reap from amalgamations and mergers, but elucidating them is beyond the scope of this research.

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Abuhimed, Fahad Ahmed Mohammed. "The rules of procedure of commercial arbitration in the Kingdom of Saudi Arabia (comparative study)". Thesis, University of Hull, 2006. http://hydra.hull.ac.uk/resources/hull:6743.

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This thesis is about solely the Saudi arbitration regulation (1983) and its implementation rules of 1985. It examines several fundamental questions: are the rules of procedure provided by the 1983 Regulations appropriate to the developments that have occurred in the area of international commercial arbitration in the period following their adoption? Or are they considered outdated? Do those rules of procedure provide the flexibility necessary to meet the complexity usually involved in commercial disputes? What do foreign companies think of the 1983 Regulations? Do the 1983 Regulations require any adjustment? The thesis is intended to provide guidance to legislatures in their regulatory efforts and assist local courts and judges in developing an arbitration culture. This first chapter consists of the general introduction. Chapter two provides general background on the nature of international commercial arbitration from one side and concept in Sharia from the other side. Chapter three demonstrates the status of arbitration in Saudi Arabia from the establishment of the Kingdom up to the issue of the Arbitration Regulation. Chapters four, five and six analyse and compare the UNCITRAL Model Law and some other national arbitration laws with the position in KSA in the light of the Arbitration Regulation of 1983 and its Implementation of 1985. Chapter four focuses on arbitration agreements, addressing the validity of the arbitration agreement. Chapter five deals exclusively with all issues related to the arbitrator: numbers, method of appointments and qualifications. This chapter moves on to discuss dismissing and challenging the arbitrator. Fees and expenses are also considered. Chapter six is devoted to arbitral awards: deliberation, use of vote, time limits, awards in writing, language, place, date, reasons and signature of the award, registration of the arbitral award and its notification to the Parties to the dispute. Correction and interpretation of the award are also discussed. Essential aspects of challenge are examined: reason, method, time limit and the procedure of challenge. Finally, recognition and enforcement of the arbitral award are discussed, concentrating on the role of the international conventions and the rules of arbitration concerning the recognition and enforcement. Chapter Seven contains the conclusions to the whole thesis and Recommendations.

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Green, N. N. "Commercial agreements and trade association practices : Practice and procedure in EEC and UK Competition Law". Thesis, University of Southampton, 1986. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.374749.

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Abeyratne, Mahawatfege Don Hemantha Niranjan. "Corporate rescues : a comparative study of the law and procedure in Australia, Canada and England". Thesis, Queen Mary, University of London, 1995. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1333.

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Corporate insolvency law reform in the mid 80's in the United Kingdom and the early 90's in Canada and Australia resulted in the introduction of new statutory regimes directed specifically towards facilitating the rescue of financially troubled companies or parts of their businesses. The Administration Order Procedure and Company Voluntary Arrangements in the U.K., Business Proposals in Canada and Company Voluntary Arrangements in Australia joined the ranks of Receivership under a Floating Charge, and the little used Statutory Compositions and Schemes of Arrangement. Thus, today it is usual to attempt to rescue or rehabilitate a company prior to subjecting it to a terminal insolvency regime. Since the procedures, in particular the new, seek common goals there is a great degree of similarity amongst them. This thesis begins by tracing the history of the law of corporate rescues and how the various aspects of a rescue developed from the mid nineteenth Century to the present day. It identifies several common aspects of a corporate rescue. Every aspect is conmion to at least two regimes. It then examines, in detail, the manner in which each aspect is dealt with under each procedure. This detailed analysis discloses important differences which, it is submitted, affect the relative success or failure of the procedures. It is examined whether or not each rescue regime addresses every aspect of a rescue efficiently and whether any procedure could benefit from the experiences of the others. In conclusion it is determined whether, in the light of available empirical evidence on the use these rescue procedures in Australia, Canada and England, each regime eventually achieves or has the potential to achieve the objective of a corporate rescue.

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27

Rochow, Neville Grant. "Evidence, judicial notice and party comment: principles for ascertaining facts which predicate constitutional validity". Title page, contents and abstract only, 1987. http://web4.library.adelaide.edu.au/theses/09LM/09lmr781.pdf.

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Delicostopoulos, Ioannis S. "Le procès civil à l'épreuve du droit processuel européen /". Paris : LGDJ, 2003. http://www.gbv.de/dms/spk/sbb/recht/toc/37181426X.pdf.

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29

Bell, John P. "Decree of ratification nature and purpose /". Theological Research Exchange Network (TREN), 1988. http://www.tren.com.

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30

Kayuni, Steven William Stewista. "A policy oriented approach to witness protective measures at the international criminal court". Thesis, University of Sussex, 2017. http://sro.sussex.ac.uk/id/eprint/68456/.

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31

Edge, Peter William. "The British influence over the making of Manx criminal law and procedure (1765-1993)". Thesis, University of Cambridge, 1993. https://www.repository.cam.ac.uk/handle/1810/272677.

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32

Atake, E. D. "Contempt in the face of the court and the procedure for committal". Thesis, University of Cambridge, 1987. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.384309.

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33

De, Cogan Dominic Arthur. "Tax by law or by administrators : the changing boundaries between 1900 and 1950". Thesis, University of Cambridge, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.610228.

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34

Schelin, Lena. "Bevisvärdering av utsagor i brottmål /". Stockholm : Juridiska institutionen. Stockholms universitet, 2006. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-815.

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35

Maclons, Whitney. "Mandatory court based mediation as an alternative dispute resolution process in the South African civil justice system". University of the Western Cape, 2014. http://hdl.handle.net/11394/4407.

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Magister Legum - LLM
Civil litigation is the primary method of dispute resolution in the South African civil justice system. This process is characterised by a number of shortcomings which include the adversarial nature of the process which often creates further conflict between disputing parties and often results in permanently destroyed relationships between them. Further shortcomings include the highly complex, costly and time-consuming nature of civil litigation. These shortcomings infringe on the constitutional imperative of access to justice for South Africans, particularly for the indigent members of society. In addition, court rolls have become overburdened due to the rapidly increasing volume of litigation at court. This often results in extensive waiting periods before matters are heard at court and further infringes the attainment of access to justice. While progress has been made in enhancing the civil justice system over the years, the aforementioned shortcomings prevail. In recent years the South African government has introduced the concept of mandatory court based mediation to the civil justice system with the view of promoting access to justice and enhancing the civil justice system. In a nutshell, mandatory court based mediation refers a civil dispute to mediation once an appearance to defend is entered at court, in order to attempt the settlement of the matter. In the event of the dispute not being resolved, the matter is then referred back to the conventional litigation process for resolution. Mandatory court based mediation, while controversial and bearing valid criticism; aims to promote access to justice and reconciliation between aggrieved parties and remedies a number of the shortcomings currently plaguing the South African civil justice system. In answering the research question of whether this ADR process is suitable to implement in South Africa in order to remedy the shortcomings of its civil justice system, the following aspects are considered in this thesis: the benefits, advantages, and the constitutionality of mandatory court based mediation, as well as the criticisms and challenges of the process. South Africa may have an adversarial civil justice system, but is no stranger to the practice of mediation. Within South African civil law a number of fields have mentioned mediation as the preferred method of dispute resolution over years. These areas of law will be highlighted in this thesis. Internationally, the jurisdiction of the Australian states of New South Wales and Victoria will also be highlighted. This analysis is done in order to assess the implementation and function of a mediation system, as a preferred method of dispute resolution, across all areas of civil law within an adversarial civil justice system. The current civil justice system in South Africa needs to be remedied due to its negative impact on civil disputants and the nation of South Africa in a broader sense. This thesis does not suggest that mandatory court based mediation is a panacea for all ills plaguing the country’s civil justice system. However, this ADR process may suit South Africa and its implementation may make a considerable remedial contribution and possibly significantly enhance its civil justice system.

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36

Luttrell, Samuel Ross. "Bias challenges in international arbitration: the need for a 'real danger' test". Thesis, Luttrell, Samuel Ross (2008) Bias challenges in international arbitration: the need for a 'real danger' test. PhD thesis, Murdoch University, 2008. https://researchrepository.murdoch.edu.au/id/eprint/698/.

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37

Luttrell, Samuel Ross. "Bias challenges in international arbitration: the need for a 'real danger' test". Luttrell, Samuel Ross (2008) Bias challenges in international arbitration: the need for a 'real danger' test. PhD thesis, Murdoch University, 2008. http://researchrepository.murdoch.edu.au/698/.

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38

Barbosa, Ana Carolina Borba Lessa. "As medidas de urgência como elemento de avaliação da duração razoável de um processo temporalmente justo". Universidade Católica de Pernambuco, 2011. http://www.unicap.br/tede//tde_busca/arquivo.php?codArquivo=553.

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O presente trabalho tem por finalidade abordar as medidas de urgência como elemento de avaliação da duração razoável de um processo temporalmente justo. Tal como em todos os trabalhos acadêmicos, que se procura encontrar uma resposta para uma dada pergunta, ou, a solução para um determinado problema, esta dissertação tem como propósito procurar saber se as medidas de urgência, previstas no Código de Processo Civil, são suficientes para determinar a duração de um processo como temporalmente justo. Na elaboração do presente estudo foram abordadas as seguintes temáticas: as dimensões do tempo, sua relação com o universo jurídico e o contexto da urgência nessa particularidade; os fundamentos do tempo e do Direito; as medidas de urgência no Direito (com enfoque para a prestação da tutela jurisdicional e a efetividade do processo - garantia de uma duração razoável do processo e o reajustamento de garantias processuais, em termos de atenuação da duração e da simplificação processual); as semelhanças e diferenças das cautelares e da antecipação dos efeitos da tutela sob a ótica de Piero Calamandrei e Ovídio Araújo Baptista da Silva; a constitucionalização da tutela de urgência; o Direito na Pós-Modernidade e sua crise; e, a jurisdição de urgência e a necessidade de redimensioná-la. Chegando-se à conclusão de que as medidas de urgência, previstas no Código de Processo Civil, são insuficientes para resolver os problemas da sociedade pós moderna
This study aims to address the urgent measures as an assessment of a reasonable duration of process temporally fair. As in all academic work, which seeks to find an answer to a given question or the solution to a given problem, this thesis aims to whether the emergency measures, the Code of Civil Procedure, are sufficient to determine the duration of a temporal process as fair. In preparing this study explored the following themes: the dimensions of time, his relationship with the universe and the legal context of urgency in this particularity, the grounds of time and law; emergency measures in the law (with a focus on the provision of and effectiveness of the judicial process ensuring a reasonable period of readjustment process and procedural guarantees in terms of attenuation of the duration and procedural simplification) the similarities and differences between the conservative and anticipating the effects of protection from the perspective of Piero Calamandrei and Ovid Baptista da Silva Araújo, a constitution for the protection of emergency; Law in Post-modernity and its crisis, and the jurisdiction of urgency and the need to resize it. He came to the conclusion that the emergency measures, the Code of Civil Procedure, are insufficient to solve the problems of postmodern society

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39

Wilson, Grace K. "Civilly Disobedient: Justifying Juror Misconduct". Scholarship @ Claremont, 2019. https://scholarship.claremont.edu/cmc_theses/2266.

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A fair, unbiased jury that follows the courts instructions is a crucial aspect of the American criminal justice system, mandated by both the California and United States Constitution. When jurors violate judicial instructions, it can jeopardize the impartiality of a case. Despite this, little research has been completed on what individual differences are indicative of greater willingness to commit jury misconduct. Misconduct can occur when jurors fail to follow judicial instructions in circumstances that a reasonable person may be tempted to disobey. This study explores potential individual differences that correlate with a greater likelihood of excusing and even committing juror misconduct under specific circumstances. Participants (N = 148) in an online survey read one of six vignettes relating to a mock court case. These vignettes either presented clear or confusing information, and included one of three types of juror misconduct witness [googled a term, talked to their spouse about the case, or went to the crime scene]. Neither the severity of the juror misconduct nor the clarity of expert testimony significantly affected participant’s perceptions of the behavior. However, participants Right Wing Authoritarianism and Belief in a Just World scores did affect their likelihood of reporting the juror misconduct as well as influenced their report of whether they would engage in these behaviors.

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40

Peters, Edward N. "Preliminary procedural considerations in the application of ecclesiastical penalties". Theological Research Exchange Network (TREN) Access this title online, 1988. http://www.tren.com/search.cfm?p029-0147.

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41

Al-Subaie, Salman Muhammed. "The right to a fair trial under Saudi Law of Criminal Procedure : a human rights critique". Thesis, Brunel University, 2013. http://bura.brunel.ac.uk/handle/2438/7763.

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This study examines the compatibility of the Law of Criminal Procedure of 2001 in Saudi Arabia with the international human rights standards, and provides recommendations for criminal procedure reforms. The recent developments in the Saudi Arabian criminal justice system make it important to examine the right to a fair trial within the legal system of Saudi Arabia. This study starts by examining the international human rights standards related to the right to a fair trial and the right to a fair trial under the Saudi Arabian legal system. The study then examines the extent to which Shariah law recognizes the international human rights standards related to the right to a fair trial. This will involve the sources of Shariah and the school of thought in the Islamic jurisprudence as well as the crimes and punishments in Islamic law. The main argument is highlighted in Chapters Four and Five of this research, the former of which study the pre-trial process in the Saudi Law of Criminal Procedure in the light of international human rights standards, and the latter has evaluated the right to a fair trial under Saudi Arabia legal system. Various cases are examined in these two chapters, and the sources of those cases vary in terms of the level; for instance, some of them were provided by the General Court in Riyadh; others were provided by the Supreme Judicial Council; and others were obtained from the Modawanat-Al-Ahkam, which is the publication of the Ministry of Justice containing a variety of cases. Cases in the international domain were brought mainly from the Working Group of Arbitrary Detention in the HRC. The study provides suggestions necessary for the Law of Criminal Procedure in relation to specific articles.

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42

Botelho, Marcelino Epifânio Soares. "Natureza jurídica e eficácia da sentença civil: perspectiva da incidência normativa". Universidade Católica de Pernambuco, 2008. http://www.unicap.br/tede//tde_busca/arquivo.php?codArquivo=504.

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Este trabalho se propõe a uma investigação científico-dogmática da natureza jurídica e da eficácia da sentença civil, sob o ponto de vista da incidência normativa, dando-lhes abordagem semiótica, por um viés da teoria dos códigos e da significação; inserções lingüísticas foram inevitáveis para a compreensão de que o lógico-formal pressupõe um conteúdo indissociável para qualquer formalização e que o pensamento em si mesmo já se encontra sob as regras e padrões da linguagem com a qual são conhecidos os objetos, acarretando, a qualquer lógica que se imponha como jurídica, uma validação não só a priori, como também a posteriori. Revisitou-se a Teoria do Fato Jurídico para insertar uma nova feição ao plano da eficácia, com o que se quer demonstrar a relação de causalidade ilimitada entre fato jurídico e eficácia jurídica, aplicando-se à eficácia e aos efeitos a Teoria dos Conjuntos. Introduziu-se a noção de suporte fático ideal como supedâneo para interpretar o fenômeno jurídico do suporte fático para a norma. A expressão do juízo hipotético de Kelsen, reelaborado por Carlos Cossio, foi integrada por um modal paraconsistente e axiológico em que o fenômeno jurídico é visto extensional-intencionalmente. A partir da demonstração de tais premissas, concluiu-se que a existência do fato jurídico da sentença produz de logo seu conjunto eficácia, o qual nem o recurso nem a recorribilidade podem afetá-lo, atingindo apenas seus efeitos. A natureza jurídica da sentença foi concebida levando-se em consideração seu componente constitucional (vontade Estatal) e infraconstitucional (ato jurídico estrito senso). A constituição do direito material pelo direito processual foi posta apenas sobre o plano da validade e da eficácia

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43

Wells, Emmett G. "A comparative study of the right of defense in canonical penal law and in American criminal law". Online full text .pdf document, available to Fuller patrons only, 2001. http://www.tren.com.

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44

Lin, Wei-Ting y 林威廷. "The Discussion on Civic Procedure Law applied to Administer Procedure Law - Focusing on Oral Procedure and the Facts and Evidence of Investigation Procedures Act". Thesis, 2011. http://ndltd.ncl.edu.tw/handle/41138070166409130873.

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碩士
國立臺北大學
法律學系一般生組
99
As for all of China's Administrative Procedure Law is not to regulate administrative proceedings since, for some of the proceedings permitted by the provisions of the Civil Procedure Law Department of the relevant procedural requirements. However, if the legislation on related should not associate with the requirements shall be expressly permitted or shall be allowed to use the provisions were not expressly permitted by, might lead to court on the application of an impact on people's actions on the right, so the Code of Civil Procedure standards for the administrative Procedure Law of the motion to discuss the importance and value, the real attention should be paid. This article attempts to study by such motivation this issue, the purpose of administrative proceedings in the hope that future amendments to the provisions of Code of Civil Procedure mutatis mutandis, can properly be associated with the appropriate standards. This paper shows that our current administrative procedure law permitted the legislation, after the Civil Procedure Law of Administrative Procedure Law and the difference in principle between the question why, this section mainly by comparing the two procedural legal principles applicable to the respective differences as of direction. Finally, we discuss the differences and thus the principle of action, as permitted to view the Administrative Procedure Law Civil Procedure Law of the proceedings of the language provisions and relevant facts and evidence in civil law procedure provided for in the investigation on the Administrative Procedure Law permitted to use without violating the boundaries of this one accurate standards. Finally, previously reviewed by the fruit, in the quasi-spend on the relevant provisions in question, called for amending the law on when the next review and improvement.

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45

Liu, Zhe-Ming y 劉哲名. "The Class Action of Civil Procedure Law: Focusing on the Civil Procedure Law §§44-2, 44-3". Thesis, 2010. http://ndltd.ncl.edu.tw/handle/25060733864746123493.

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碩士
銘傳大學
法律學系碩士班
98
Most people on a civil dispute involving events may occur in the consumer, securities trading events or of labor. So, there should be proper and applicable procedures regulations in civil procedural law. The Code of Civil Procedure 44-2 and 44-3 are provided for such events. But only in accordance with the provisions of Civil Procedure Act for the special events of civil disputes was not sufficient. Subjecting to specific provisions of particular law could make individual events in the civil proceedings on the trial. In U.S. law, German law and the laws of Japan, the proceedings have provisions to prevent the proceedings disorders, and to protect the rights of many parties for involving the majority of civil disputes. Such incidents in Taiwan, the existing provisions of procedural law has yet to be added and amended. This article proposed an amendment to the Civil Procedure Law and the supplementary proposal.

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46

LIN, CHAO-HUNG y 林炤宏. "Law and Economics of Criminal Procedure Change". Thesis, 2004. http://ndltd.ncl.edu.tw/handle/07698745679049829319.

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碩士
國立臺北大學
公共行政暨政策學系碩士在職專班
92
Firstly, the thesis attempts to discuss and illustrate the reasons for founding and outcome of the institution of criminal indictment suspension, during the recent change of criminal procedure, by the theory of institutional change (the new institutional economics). Secondly, the thesis tries to evaluate the design and implementation of the institution and its adopted measures focusing on economic analysis, combining the concepts of asymmetric information, transactional cost, strategic behavior, incentive analysis, and wealth maximization with research methods of in-depth interviews and questionnaire survey. The following are the principle findings and recommendation from the study：1. The design and enforcement of law should seek not only justice and equity, but also economic efficiency and social interests. 2. Legal rules affect behavior on many margins. They affect incentives to commit offenses, incentives to prosecute them, and incentives to prevent them. Thus, incentive analysis may be a good method to illustrate the possible impacts and economic efficiency of law. 3. Under the constraint of customs and the feelings of law by the people, the institution of criminal indictment suspension has demonstrated the legislative purposes of reducing enforcement cost, of encouraging diverse treatment, regarding individual prevention, of providing in-time remedy for victims and of enhancing better efficiency of social resources. 4. The philosopher-king view of government has been criticized in many contexts. In order to prevent rent seeking, the application of criminal indictment suspension by prosecutors must be restricted. Besides, the criminal prosecution process is always a course of strategic interaction behavior between prosecutor and defendant. Therefore, it requires necessary prosecutorial discretion to suspend prosecution at some stages throughout the negotiation in order to reconcile asymmetric information and to reduce transactional cost. Furthermore, the suspension of prosecution is a moderate criminal prevention and punishment measure through the adoption of “price discrimination” in accordance with the defendant’s social position, response to punishment and penalty, and motive of offences. 5. When the design and implementation of the institution of criminal indictment suspension will have no clash with the value of justice and equity, the crucial elements in the criminal procedure, for the prosecutor, the role of the protection of social interests and the propagation of law may be more important than crime prosecution.

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47

Yao-Ching, Wang y 王耀慶. "The study of procedure rule of E.U.Competition Law". Thesis, 1999. http://ndltd.ncl.edu.tw/handle/08112109278639960533.

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48

Yen, Hao-Fen y 嚴浩芬. "Event for Consumer Protection of Administrative Procedure Law". Thesis, 2011. http://ndltd.ncl.edu.tw/handle/28867554615947278815.

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碩士
國立中正大學
法律學研究所
99
With the advancement of technology, rapid economic growth, resulting in both goods and services, both in type and number of large increase in consumption levels led to improvement, and increased consumer income levels below have the ability to engage in a variety of consumer, but because of defects A market flooded with goods or services, the abuse of standard contract terms, the prevalence of a variety of improper marketing practices and false bravado of the various spread false advertising and so on, for lack of consumer information and knowledge, and at a disadvantage in the economic power of consumers, their life, body, health, property, and therefore often are violated safety, the transaction can not be engaged in a fair and reasonable treatment. The status of consumers, not only not improved a result of economic development, but the phenomenon has become increasingly depressed, sales and mass consumption in a large number of cases, both the wide range of consumer and victim of the deep problem of consumer disputes arising therefrom, consumer protection The event is a great concern of the world issues. Therefore, begin with the advanced countries the legislative, judicial and administrative channels, through the government authority to protect the legitimate rights of consumers, so that consumers may be encountered by the Advisory or relief to consumer disputes. Consumer protection laws promulgated after the legislation has become an institutionalized system of consumer protection. However, consumer protection law and other related requirements are giants complete? With the Administrative Procedure Act applies to the relationship between each other, Why?Real has become a very important issue. The paper called the Event for Consumer Protection, based on the "standard contract of the Administrative Regulations", "Incident Investigation of the nature of consumer protection" and "the administration announced the nature of consumer information" for the range, that is mainly a consumer protection law Chapter II Consumer interest in the standard contract, administrative oversight and the Taipei Chapter autonomous regulations, the notice of consumer protection related provisions of the main industry, this research limits the scope of consumer protection in the event the applicable openThe consumer protection laws should apply to the Administrative Procedure Act to be discussed, it is only the Administrative Procedure Act Section 2, Paragraph 1: "The term administrative procedures, administrative sanctions shall mean the executive made the conclusion of administrative contracts, laws and regulations set command and administrative rules to determine the administrative plan, the implementation of administrative guidance and handling of petitions and other acts of the process. "in the" made an administrative sanction "," Regulations set "and" administrative guidance "as the focus of discussion, the Administrative Procedure Act other provisions of the relevant issues in the discussion only when necessary, with reference to it. In this paper we discuss the content, problem-oriented manner to be discussed, only the provisions of controversial discussion, rather than one by way of discussion.

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49

Chen, Chin YI y 陳靜宜. "The Second Instance of The Criminal Procedure law". Thesis, 2012. http://ndltd.ncl.edu.tw/handle/40486545975620225714.

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50

Chang, chia-fang y 張家芳. "Administrative Procedure Law and Tax- A study on advanced due process of law -". Thesis, 2005. http://ndltd.ncl.edu.tw/handle/62832421126049215403.

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碩士
東吳大學
法律學系
93
Due to Germany studies, Administrative Law in our nation focus on substantive parts more on procedure parts, and scholars criticize seriously. The Grand Justices also make many explains to response the phenomenon, until Administrative Procedure Law was instituted in 2000. However, being a based law of administrative law, it still has difficulties on applying to different zones, inclusive of tax. Tax suits are major parts in administrative suits because its nature is not good for people, and taxpayer’s procedural protection should be more faultless; if not, people will take suits often. Therefore, this study focuses on advanced due process of law in tax, and advocates that advanced procedure and way to relief should work along both sides，in one way, it can process to publicity and transparency in administrative behavior, in another way, it can make people enjoy better procedural protection. In sum, this paper proceeds as follows: Chapter I is a preface, illustrating the motives, limits, and methods of the study. Chapter II contours the background of the due process of law, and how to apply to tax. Chapter III discusses investigate in tax, and compares Japan studies with our nations. Chapter IV discusses protection of the confidentiality of tax and government information, and we compare Japan studies with our nations to see how to improve the procedures. Chapter V motions other due process of law. Although the article focuses on investigate and protection of the confidentiality of tax, it still has other important procedural rules in tax. Therefore, the article discusses writing ways and avoid meeting. Chapter VI remarks brief conclusion.

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