Thèses sur le sujet « Water – law and legislation – history »
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1
Rebolone, Ana Maria. « Feminists in unchartered water, the legal pursuit of reproductive autonomy in the Supreme Court of Canada in the 1990s ». Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape10/PQDD_0003/MQ45377.pdf.
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Espada, Gildo Manuel. « International law on water transfers ». Thesis, University of Macau, 2007. http://umaclib3.umac.mo/record=b1880344.
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3
Shi, Feng. « Principles of European Union water law ». Thesis, University of Macau, 2007. http://umaclib3.umac.mo/record=b1944040.
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4
Ng, Kwok-keung Stephen, et 吳國強. « Transboundary water pollution : a legal perspective ». Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2002. http://hub.hku.hk/bib/B31255255.
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Yeung, Wai-tak Victor. « A review of the principles in the present legislation for controlling water pollution in Hong Kong and other countries / ». [Hong Kong : University of Hong Kong], 1993. http://sunzi.lib.hku.hk/hkuto/record.jsp?B13498460.
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Agbonjinmi, Ayodeji Peter. « Enforcement of criminal offences in terms of the National Water Act 36 of 1998 ». Thesis, University of Limpopo, 2007. http://hdl.handle.net/10386/582.
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Thesis (LL.M. (Environmental law and Management)) --University of Limpopo, 2007.The purpose of this thesis was to critically examine the enforcement of environmental regulations with special reference to the enforcement of offences in the National Water Act 36 of 1998. “Enforcement” was conceptualized as “power” the exercise of which is constrained by the constitutionally guaranteed rights, especially the rights contained in Chapter 2 of the Constitution of the Republic of South Africa Act 108 of 1996 – the Bill of Rights. “Compliance” was conceptualized as a rational action. The polluter is both a rational economic actor as well as a rational political actor. “Enforcement” and “Compliance” were further considered as economic activities with costs and benefits. The “responsive enforcement and compliance” model was also adopted in this thesis. Environmental regulation is contentious because of the failure to adequately distinguish environmental crimes (mala prohibita) from common law crimes (mala in se) and the erroneous believe in the immutability of law especially pro-defendant procedural rights in criminal prosecution. This failure to distinguish environmental crimes from common law crimes resulted in the requirement of the proof of mens rea in criminal prosecution for breach of environmental law. Arguments were advanced to show that mens rea can easily be proved in environmental law areas of land use and development and resource conservation while it is a Herculean task for the prosecutor to prove mens rea in waste disposal and pollution offences. Arguments were also advanced, in terms of s. 24 of the 1996 Constitution and s. 2 of the National Environmental Management Act 107 of 1998, to show that “sustainable development” and the principles derived therefrom, especially the “precautionary principle” and the “polluter–pays principle”, are part of the corpus of South African constitutional and statutory laws. The “precautionary principle” and the “polluter-pays principle” have assumed the status of customary international law, and consequently part of South African laws in terms of s. 232 of 1996 Constitution. The provisions of s. 24(b) of 1996 Constitution prescribed both positive and negative duties for the state in respect of environmental regulation and prescribed the ambit of environmental regulation in South Africa. The “precautionary principle” is interpreted as deliberation guiding in form and a legal rule in content. The “precautionary principle” as a rule guides the actions of organs of state and other environmental stakeholders. The “polluter-pays principles” is interpreted as a legal rule which should be applied in the “all-or-nothing” sense. Arguments were advanced for the application of the “polluter-pays principles” in criminal prosecution. The legal effect of the application of “polluter-pays principle” in criminal prosecution for environmental crimes is to negative mens rea and transform environmental crimes to strict liability offences. In the environmental law areas of land use and development and resource conservation where mens rea is easily provable, the application of the “polluter-pays principle” would limit the prosecutor’s duty to proving, beyond reasonable doubt, the acts that constitute the offence against the accused. Thereafter, it is opened to the accused to prove, on scale of probabilities, that he lacks the mens rea (dolus or culpa) necessary for conviction. In the area of waste disposal and pollution control where proof of mens rea is difficult, the application of the “polluter-pays principle” should result in the application of the rule in Rylands Fletcher. All the prosecutor need do to obtain conviction is to prove, beyond reasonable doubt, the acts that constitute the offence against the accused. The Reconstruction and Development Programme (RDP) is identified and recognized as the dominant social paradigm (DSP) in South Africa. It is within the context of this DSP that environmental regulation is situated. Examining the penal provisions in the National Water Act 36 of 1998 against the background of the DSP, one is not left in doubt why the water pollution and degradation offences in the Act are fault-based. The DSP also partly accounts for the subordination of criminal law to administrative and civil judicial procedures in the enforcement of offences in the NWA 36 of 1998. Offences in the NWA 36 of 1998 were classified into 5 groups– failure crimes, reporting crimes, fraud crimes, obstruction crimes and environmental injury crimes. The failure crimes, reporting crimes, fraud crimes and obstruction crimes are common law crimes (mala in se) in the environmental law context, they are therefore subject to criminal prosecution like any other common law crime. Most of the environmental injury crimes are subject to administrative and civil judicial penalties, that is, the criminal sanction is subordinated to administrative and civil enforcement. The water pollution and degradation offences in s. 151 (1)(i)(j) of NWA 36 of 1998 are fault-based. In a water stressed country, this is a subsidy to industry for job creation and poverty eradication as dictated by the DSP– the RDP. However, in the prosecution for water pollution and degradation offenses, the application of the “polluter-pays principle” would negative mens rea. The legal effect is that in any prosecution for water pollution or degradation, to secure conviction, the prosecutor is only expected to prove the acts constituting the offence beyond reasonable doubt. It is thereafter open to the accused to the prove, on scale of probabilities, that he lacked either the dolus or culpa required to ground conviction. Since different cast of players are responsible for environmental protection and criminal prosecution (the National Prosecution Authority), coordination amongst the environmental agency, the prosecuting authority and the police is recommended. This can be achieved, inter alia, through joint participation in national enforcement conferences and joint participation in environmental task forces.
7
Lacher, Laurel Jane, Thomas III Maddock et William B. Lord. « RESPONSE FUNCTIONS IN THE CRITICAL COMPARISON OF CONJUNCTIVE MANAGEMENT SYSTEMS IN TWO WESTERN STATES ». Department of Hydrology and Water Resources, University of Arizona (Tucson, AZ), 1993. http://hdl.handle.net/10150/617810.
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Conjunctive management of surface and ground -water resources on state and
local levels is a relatively new political phenomenon. This type of management has
evolved, in part, in response to growing populations with ever -increasing, and often
conflicting, water demands. In addition, a more sophisticated technical understanding
of the physical link between groundwater and surface waters has led water managers to
reconsider historical strategies for solving water supply problems. In light of growing
demand and improved technology, some western states have begun the transition from
crisis- oriented water management to one of long -term planning for population growth
and environmental protection. This planning process requires that the constituents of a
region define their water use goals and objectives so that various approaches to
conjunctive management may be evaluated for their suitability to that particular
physical and socio- political environment.
8
Zapata, Alexander. « Discursive constructions of the new water legislation in Ecuador ». Pontificia Universidad Católica del Perú, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/78542.
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Este artículo hace una revisión a los contenidos más sobresalientes y polémicos del nuevo marco normativo de las aguas en el Ecuador, particularmente de la Ley Orgánica de Recursos Hídricos, Usos y Aprovechamiento del Agua —vigente desde la segunda mitad de 2014—, apoyándose en la categoría de «discurso del derecho» desarrollado por el jurista Óscar Correas e identificando tensiones entre las construcciones discursivas que le han dado forma. Se concluye que esta ley, que refleja la concepción política en torno a la gestión de las aguas por la «Revolución Ciudadana», da cuenta de la perspectiva de un sector que, desde el control vertical del aparataje estatal, alienta una modernización capitalista de la economía buscando sostener y ampliar el aprovechamiento rentista del agua.Based on the concept of «law discourse content» developed by Óscar Correas, this article examines the more outstanding and controversial issues of the new water regulation framework in Ecuador, with emphasis on the «Ley Orgánica de Recursos Hídricos, Usos y Aprovechamiento del Agua», in force since second half 2014, andidentifying the tensions between the discursive constructions that frame the new regulation. This leads us to the following conclusion: the law reveals a political conception on water management by the «Citizen Revolution» which, from the vertical control of the state apparatus, encourages a capitalist modernization of the economy seeking to support and expand a rentier use of water.
9
Bria, Benyamin Y. « The development of mixed marriage legislation through missionary law from 1622 to the present ». Thesis, University of Ottawa (Canada), 1993. http://hdl.handle.net/10393/6685.
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Moses, Julia Margaret. « Industrial accident compensation policies, state and society in Britain, Germany and Italy, 1870-1925 ». Thesis, University of Cambridge, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.609115.
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11
Yeung, Wai-tak Victor, et 楊維德. « A review of the principles in the present legislation for controlling water pollution in Hong Kong and other countries ». Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1993. http://hub.hku.hk/bib/B3125276X.
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Stopforth, David Paul. « A history of the anti-avoidance legislation applying to settlements for income tax purposes ». Thesis, University of Glasgow, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.254093.
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Wei, Yan, et 魏艳. « Regulating municipal water supply concessions : accountability in transitional China ». Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2011. http://hub.hku.hk/bib/B47661768.
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The past three decades have witnessed the fundamental achievements of China’s marketization. Through this process, state-owned enterprises have been restructured, monopoly is giving way to competition and private sectors are increasingly participating in public service provision. The concept of concession was first introduced in public utilities through the Circular on Questions Concerning the Ratification of Pilot Foreign Invested Concession Projects (1995), after which there were many experimental projects with BOTs and TOTs. In 2002, with the issuance of Opinions on Accelerating the Marketization of Urban Utilities, the concession system was officially introduced in public utility regulation. In the same year, the water pipelines were opened to foreign investment; concessions have since been extended into integrated municipal water groups. Concessions have become the major approach of public utility provision.
In recent years, the accountability in concessions has raised wide concern. Problems exposed include fixed rate-of-return, state-owned assets losses, undue concession transfer, illegal concession award, unreasonable water tariff increase, and problematic service provision by private concessionaires. Commentators have claimed that an accountability gap exists in concessions. Taking water sector concessions as the subject of discussion, the author distinguishes three types of accountability: traditional bureaucratic accountability, legal accountability and public accountability. Through systematical examination of the problems, this dissertation attempts to achieve a better understanding of concession and its application in public utilities, and finds that the alleged accountability gap is attributed to traditional bureaucratic accountability and concession system per se.
Four aspects of regulation in water concessions are considered: concessionaire selection; water pricing regulation; regulation by contract; and the regulatory framework. The findings suggest that under concessions, traditional bureaucratic accountability is neither adequate nor appropriate to hold the government accountable. More formal legal rules on transparency, due process and public participation should be explored.published_or_final_version
Law
Doctoral
Doctor of Philosophy
14
Li, Wen Jing. « Water governance in a changing climate : adaptation strategy of EU water law ». Thesis, University of Macau, 2011. http://umaclib3.umac.mo/record=b2586411.
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15
Moyo, Khulekani. « Water as a human right under international human rights law : implications for the privatisation of water services ». Thesis, Stellenbosch : Stellenbosch University, 2013. http://hdl.handle.net/10019.1/80062.
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Thesis (LLD)--Stellenbosch University, 2013.Bibliography
ENGLISH ABSTRACT: The worsening scarcity of fresh water resources has led to an increasing number of people without sustainable access to safe water across the globe. Water privatisation has been presented as the panacea to addressing the global water crisis. Privatisation of water has heightened the impetus for the explicit recognition of water as a human right. This dissertation seeks to establish the legal status of the right to water under international human rights law. The dissertation further attempts to ascertain the scope and normative content of such a right. In order to answer these questions, this dissertation carries out a detailed analysis of the possible legal basis, scope and normative content of the right to water under international human rights law. The principal question that arises is how a State can ensure compliance with its human rights obligations in the event of involvement of non-State actors such as private corporations in the management and distribution of water services. This dissertation‘s main hypothesis is that although privatisation of water services does not relieve the State of its legal responsibility under international human rights law, such privatisation imposes certain obligations on private actors consistent with the right to water. The dissertation goes beyond articulating normative considerations and looks at implementation at the national level by highlighting good practices on the practical implementation of the right to water consistent with the normative standards imposed by the right. The dissertation‘s key contribution is its development of an accountability model to ensure that States and private actors involved in the provision of water services have clearly designated roles and responsibilities consistent with the human right to water. If properly implemented, the model has the potential to give greater specification to the normative commitments imposed by the right to water in privatisation scenarios.
AFRIKAANSE OPSOMMING: Die verergerende skaarste van vars water bronne het aanleiding gegee tot die toename in die hoeveelheid mense sonder volhoubare toegang tot veilige water oor die hele aarde. Dit word aangevoer dat die privatisering van water die wondermiddel is om die globale water krisis aan te spreek. Die privatisering van water het aanleiding gegee tot 'n verskerpte aandrang om water uitdruklik te erken as 'n mensereg. Hierdie proefskrif poog om die regsstatus van die reg tot water te vestig binne die raamwerk van internasionale menseregte. Die proefskrif probeer verder om vas te stel wat die omvang en normatiewe inhoud van so 'n reg sal wees. Vervolgens voltrek hierdie proefskrif 'n uitvoerige analise van die moontlike regsbasis, omvang en normatiewe inhoud van die reg tot water binne die raamwerk van internasionale menseregte. Die vernaamste vraag wat opduik is hoe 'n Staat kan verseker dat sy menseregte verpligtinge nagekom word waar nie-Regeringsrolspelers soos korporasies betrokke is by die bestuur en distribusie van waterdienste. Die kern hipotese van hierdie proefskrif is dat alhoewel die privatisering van waterdienste nie die Staat verlig van sy regsverpligtinge in terme van internasionale menseregte nie, sodanige privatisering sekere verpligtinge aan privaatrolspelers voorskryf wat in lyn is met die reg op water. Hierdie proefskrif gaan verder as die artikulering van normatiewe oorwegings en kyk ook na die implementering op nasionale vlak deur goeie praktyke uit te lig met betrekking tot die prakiese implementering van die reg tot water wat konsekwent is met die normatiewe standaarde wat die reg voorskryf. Die kern bydrae van hierdie proefskrif is die ontwikkeling van 'n aanspreeklikheismodel wat versker dat Regerings en privaat rolspelers wat betrokke is by die voorsiening van waterdienste duidelik aangewysde funksies en verantwoordelikhede het wat in lyn is met die reg tot water. Indien hierdie model behoorlik implementeer word, het dit die potensiaal om grooter spesifikasie te gee aan die normatiewe verpligtinge wat deur die reg tot water voorgeskryf word in privatiserings scenarios.
16
McNeish, Alexander Stewart. « Human tissue legislation in the United Kingdom 1952-2006 : a history and comparative analysis of policy development ». Thesis, Queen Mary, University of London, 2011. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1323.
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This is a study of the genesis of the Corneal (Grafting) Act 1952, the Human Tissue Act 1961, the Human Tissue Act 2004, and the Human Tissue (Scotland) Act 2006. The aim has been to understand why so much had apparently changed between 1952-61 and 2004-06, both in society and in medical practice, as an explanation of why the earlier Acts were essentially ‘enabling/permissive’, whereas the later Acts were ‘regulatory/restraining’. A comparison between the Human Tissue Act 2004 and the separate Human Tissue (Scotland) Act 2006 (both Acts concerned with ‘human tissue’ and with origins in ‘retention of organs without consent’, but with significant differences in their respective provisions), has allowed a finer dissection and comparative analysis of the possible factors involved. The Thesis focuses on the ‘inspiration’, ‘deliberation/ formulation’ and ‘legitimation’ phases of the legislative process (using the terminology of Drewry)-that is, the genesis of the various Acts- and has not sought to study the later (Drewry) phases of ‘implementation’ of the law nor subsequent ‘feedback’. The methodology has been to ‘interrogate the sources’ through in depth study of archived records, using publicly available documents, certain confidential papers made available by the Royal College of Pathologists and the Royal College of Physicians (London), papers released under Freedom of Information Acts, and analysis of the scholarly literature. The findings suggest that a complexity of factors contributed to shaping the 2004 and 2006 legislation, in addition to the proximate ‘organ scandals’. The study may contribute specifically to any wish of Government and the medical/scientific professions to review their processes of consultation and negotiation prior to developing new legislation with an impact on research; and more generally to the case for more regular use of pre-legislative scrutiny of Bills.
17
Proulx, Marianne. « Gouvernance et imputabilité : la protection des valeurs publiques à l'ère de la privatisation des services d'eau ». Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=19645.
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The international year of fresh water represents the opportunity to look back at the seemingly irresistible movement toward privatization and at the devolution of State responsibilities in water and wastewater services. The welfare State appears to be increasingly ill-adapted to times dominated by globalisation and efficiency, while the market and the private corporations are presented as a panacea for solving the water crisis. But expectations of the market have not been met. This thesis analyses the debate over privatization of these services and the fondamental impacts on public values of introducing a market philosophy into this industry. Rather than witnessing a retreat of the State, its role is evolving although direct service provision is superseded by heavy regulation of the industry. In criticizing the neoclassical approach to the public good and regulation, the thesis argues that individualizing the process of valuing the public good fosters a culture of conflict and complexity that ultimately undermines our ability to formulate and achieve common goals. This creates an important accountability deficit. The need for environmental efficiency and democracy in an era of uncertainty requires that we search for means of expanding the reach of public values and thus suggests an even deeper reshaping of our governance structures, public and private.
18
Gaw, Christopher D. « The economic impacts of the 1986 Safe Drinking Water Act amendments ». Thesis, Virginia Tech, 1991. http://hdl.handle.net/10919/44283.
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During the early 1980s, concern over the poor quality of the nation's drinking water began to arise. Though the Safe Drinking Water Act (SDWA) had been passed almost a decade earlier, many problems still existed. These problems included the inability of the Environmental Protection Agency to promulgate new drinking water standards and to enforce new and existing standards. To address the shortcomings of the original act, Congress passed the 1986 SDWA Amendments.
This document attempts to accomplish two main goals. The first is to summarize selectively the requirements of the 1986 Safe Drinking Water Act (SDWA) Amendments as reflected in proposed and finalized drinking water regulations. The areas of coverage include proposed regulations for eight inorganic and thirty synthetic organic chemical contaminants, the Surface Water Treatment Rule (SWTR), and the Total Coliform Rule (TCR). In order to facilitate an understanding of the SDWA and the 1986 Amendments, a sectional analysis was provided in an appendix.
The second goal of this document is to assess the economic impact of this legislation upon Virginia water facilities. In this regard, the cost of water treatment technologies whose use will likely increase as a result of the legislation have been estimated, compiled, and documented.
These technologies include granular activated carbon (GAC);
reverse osmosis; ion exchange; and various aeration,
filtration, and disinfection technologies. Several case
studies that assess and highlight the direct impacts of the
1986 SDWA Amendments upon Virginia water facilities are
presented.
Master of Science
19
Ryan, Matthew James. « Law, Legislation, and Lending : An Examination of the Influence of the Crusades on the Usury Prohibition ». NCSU, 2008. http://www.lib.ncsu.edu/theses/available/etd-04302008-233731/.
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The focus of this work is an exploration of the potential impact of the economic necessities of crusading on the usury prohibition of the Latin Church. Throughout the twelfth-century, one sees an amplified rhetoric and an increasing intolerance of lending at interest. The question remains as to why, especially in a period of corresponding commercial growth. The protection of combatants became an area of critical importance, as highlighted by the canonical legislation of the period. Property protection, the continuance of fair market practices, and the extended policy of limiting trade with the Saracens each played a crucial role in the enforcement of usury statues. It also inspired a sense of "Christian Universalism" that was significant to the crusading movement.
20
Whittaker, Carol Louise, et Carol Louise Whittaker. « Design guidelines and the law : History and analysis of design guidelines in zoning ordinances ». Thesis, The University of Arizona, 1989. http://hdl.handle.net/10150/291666.
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The American public has shown growing concern for the protection of aesthetic values on private and public lands. For private lands, the protection of aesthetic qualities must be coupled with use rights inherent in property ownership under American law. One of the earliest models to protect such values on private lands was the use of "police power" to regulate the appearance of new development in selected districts. This has most frequently been accomplished by including design guidelines in zoning ordinances. This study examines history, relevant law and literature, and the content of design guidelines in zoning ordinances. The content analysis was designed to investigate both design elements and trends over time existed. The findings from the content analysis suggest that the use of design guidelines are increasing for contemporary areas and communities as well as historic districts. Also, that the design guidelines are becoming increasingly specific in the design elements included.
21
Thoms, J. Michael. « Ojibwa fishing grounds a history of Ontario fisheries law, science, and the sportsmen's challenge to aboriginal treaty rights, 1650-1900 / ». online access from Digital Dissertation Consortium access full-text, 2004. http://libweb.cityu.edu.hk/cgi-bin/er/db/ddcdiss.pl?NQ90280.
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Gallagher, Alan L. « Each in its own sphere : religion and law in Oregon history ». PDXScholar, 1985. https://pdxscholar.library.pdx.edu/open_access_etds/3575.
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Sharpnack, Barrett S. « FIREPOWER BY MAIL : “GUN-TOTING,” STATE REGULATION, AND THE ORIGINS OF FEDERAL FIREARMS LEGISLATION, 1911-1927 ». Case Western Reserve University School of Graduate Studies / OhioLINK, 2015. http://rave.ohiolink.edu/etdc/view?acc_num=case1433579362.
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Ali, Ayesha. « Water Politics in a Water-Scarce Landscape : Examining the Groundwater Debate in California’s Central Valley ». Thesis, Uppsala universitet, Institutionen för arkeologi och antik historia, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-414194.
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The history of California is in many ways a story about water, and the outsized effect that droughts, floods, and seasonal precipitation rates have had on the political and economic development of the state over the past 170 years. This thesis uses discourse analysis of historical and ongoing negotiations that have been presented in federal and state reports, narratives, case laws and legislation to explore how the discourse around water politics has been shaped in the state. From this, an antiessentialist environmental history develops around the relationship between overdrafted groundwater basins in the Central Valley and the agriculture industry located there. Finally, this thesis explores what the future of a waterscape built during the capitalization of modern society may look like as we move towards a new regime of nature.
25
Radbone, Ian. « A history of land transport regulation in South Australia : the relevance of public choice theory ». Title page, contents and summary only, 1989. http://web4.library.adelaide.edu.au/theses/09PH/09phr124.pdf.
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Chan, Yiu-wing, et 陳耀榮. « Impact of the water pollution control ordinance on small electroplating factories ». Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1993. http://hub.hku.hk/bib/B31252576.
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Zhou, Jia Lei. « EU water law : the right balance between environmental and economic considerations ? » Thesis, University of Macau, 2005. http://umaclib3.umac.mo/record=b1637070.
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Ma, Yiu-wa, et 馬耀華. « The impact of water pollution control ordinance on small and medium sized manufactures ». Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1993. http://hub.hku.hk/bib/B31252692.
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O'Byrne, Nicole Colleen. « The answer to the 'Natural Resources Question' : a historical analysis of the Natural Resources Transfer Agreements ». Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99147.
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Seventy-five years ago the provincial governments of Manitoba, Saskatchewan, and Alberta signed a series of Natural Resources Transfer Agreements (NRTAs) with the federal government. These agreements provided the answer to a contentious debate known as the 'Natural Resources Question'. Before the NRTAs, the three prairie provinces did not have control over their public domain lands and did not share equal constitutional status with the other Canadian provinces. In the early 1920s, Prime Minister King recognized the validity of the provincial arguments for constitutional equality and no longer wanted the federal government to be responsible for the administration of provincial natural resources. By this time, the policy ambitions which had previously justified the retention of the natural resources had been fulfilled. Thus, the constitutional rights arguments presented by the prairie provinces found a receptive audience when the control of the lands and resources were no longer a federal priority.
30
Jackson, Joseph E. F. « Regulating the online medium in an age of transnational communication : a socio-historical analysis ». Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape11/PQDD_0006/NQ44462.pdf.
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Bassi, Michelle Platt. « Ethical Issues of Water Resource Management in a Changing Climate : Equity and Legal Pluralism in Chile ». Thesis, University of Oregon, 2010. http://hdl.handle.net/1794/10620.
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xi, 129 p. A print copy of this thesis is available through the UO Libraries. Search the library catalog for the location and call number.Climate change is disrupting the underpinnings of effective water management by profoundly impacting hydrological patterns. Political entities mandated with freshwater management must respond to society's water needs as availability fluctuates and, in doing so, will encounter difficult ethical dilemmas because existing water laws are ill-equipped to resolve such problems. This thesis takes Chile's water laws as representative of the challenges in addressing ethical disparities arising from freshwater management in a changing climate and proposes that "water ethics" can effectively be used to manage freshwater resources. I examine the 1981 Water Code with a critical eye towards ethical shortcomings and also examine distributive impacts upon indigent farmers and indigenous communities. I conclude that Chile's existing water laws are inequitable because they deny legitimacy to diverse socio-cultural norms regarding water use. Principles of modern water laws must incorporate diverse cultural water laws using a legally pluralistic and ethical approach to management.
Committee in Charge: Dr. Anita M. Weiss, Chair; Professor Derrick Hindery; Professor Stuart Chinn
32
McCabe, Gerald Michael. « Regulation of the telephone industry in Canada : the formative years ». Thesis, McGill University, 1985. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=63351.
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Surtees, Peter Geoffrey. « An historical perspective of income tax legislation in South Africa, 1910 to 1925 ». Thesis, Rhodes University, 1986. http://hdl.handle.net/10962/d1004578.
Texte intégralRésumé :
From Introduction: This work considers the period from Union, 31 May 1910 until promulgation of the Income Tax Act No. 40 of 1925.(1) It will describe the means, both financial and otherwise, by which the fledgling Government of the Union of South Africa contrived to balance its budget, and will consider the various sources of revenue available up to 1914, when the Government of Gen. Louis Botha first decided that a tax on income was necessary in order to maintain the solvency of the new State. Similarly the political pressures which shaped the nature of the Income Tax Acts up to 1925 will be discussed, and the political principles (or expediencies, depending on the degree of cynicism of the reader) which led the parties in power from time to time to make the decisions they did regarding the provisions of the various Acts. The effect of external political situations such as the Great War of 1914 - 1918 will be examined, as will the consequences of the rebellion of 1914 and the strikes of 1913 and 1922. The legislation predictably spawned a considerable body of litigation as taxpayers hastened to find and exploit loopholes in it; the resultant Income Tax Cases, in the Income Tax Special Court, Supreme Court and Appeal Court, formed the embryo of a body of judicial precedent which today encompasses some two thousand case reports. A few of the cases decided in the period up to 1925 are still quoted today; for example, CIR v Lunnon 1924 AD 1 SATC 7. The relevant cases from the period will enjoy consideration, with descriptions of how their verdicts affected either subsequent income tax principles or later legislation. Also considered will be the inception during this period of the way in which income tax legislation largely develops: the legislature promulgates an Act, the taxpayers discover legitimate ways to reduce their tax burden and the Minister of Finance consequently causes the Act to be changed in order to protect the tax base. Thereupon the resolute taxpayers seek loopholes anew. The effect of economic conditions on income tax legislation will engage attention; several such conditions cast their shadows into the House of Assembly during that 15 year period, notably the post-war recession and the drought of 1919. The selection of this period is apposite for several reasons: it covers the period during which income tax legislation came into being; - it includes several notable political occurrences. thus making possible a consideration of their effect on income tax legislation; it includes a natural cataclysm. namely a major drought. which also had an effect on subsequent Income Tax Acts; - a sufficient number of income tax cases was heard during the period to afford a fair indication both of how the body of case law would develop and how it would perpetually interplay with the legislation; it clearly illustrates the differences between the two great political parties of the time, differences largely caused by the vested interests of each; the dominant South African Party, with its need to retain the support of the commercial and particularly the mining sectors, and the smaller but even then growing National Party with its face set firmly towards the rural constituencies and the embattled farmers; - the period culminates in the Income Tax Act of 1925, a significant change from its predecessors, and the second Income Tax Act of the Pact Government. The imposition of taxes by the respective provinces does not form part of this work, as the scope of the discussion is limited to the various Income Tax Acts, and their development has been overseen by the central government.
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Mohamed, Shehaamah. « Competing water user sectors under a transformed South African water law : the role of local government, with a case study on the City of Cape Town Municipality ». Thesis, University of the Western Cape, 2003. http://etd.uwc.ac.za/index.php?module=etd&.
Texte intégralRésumé :
This thesis attempted to examine the enabling conditions of existing South African water law and its implementation by the appropriate authorities. The Cape Town Municipality's management over water supply and services is included in this study. The research attempted to expose any shortcomings that might be prevalent in the new water law. The water allocation mechanism of the transformed water legislation and the water demands within various competing water user sectors of the community, such as those pertaining to agriculture and industry, was also explored.
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Littlewood, Michael. « Taxation without representation : the history of Hong Kong's troublingly successful tax system / ». Thesis, Hong Kong : University of Hong Kong, 2001. http://sunzi.lib.hku.hk/hkuto/record.jsp?B22719829.
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Poutanen, Mary Anne. « To indulge their carnal appetites, prostitution in early nineteenth-century Montréal, 1810-1842 ». Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/nq26719.pdf.
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Nleya, Ndodana. « Institutional overlaps in water management in the Eerste River Catchment ». Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&.
Texte intégralRésumé :
In this minithesis I have investigated overlapping mandates as a source of management failure in water management in South Africa in general and Eerste River Catchment in particular. I analysed major legislation which deals with water management to find out how duties and responsibilities are apportioned in the various pieces of legislation. I also undertook an exercise of evaluating roles and responsibilities played by various organs of state in water management from national government, Provincial Government of the Western Cape through to local government, in this case the Municipality of Stellenbosch and the City of Cape Town. It emerged that there were a number of areas of overlap, ambiguously defined mandates, conflict and that these were impeding on decision making in water management. In order to test the framework built above, I then applied it in the Plankenbrug River, a tributary of the Eerste River. Through analysis of newspaper clippings over a period of 4 years I was able to reconstruct conflict over ill-defined mandates in the various aspects of the management of the catchment which showed thatthere were differences in roles of the different state organs operating in the catchment. Water management conflict emanated from lack of congruence in the various legislation and differences in the interpretation of legislation. The various state organs seem to be aware of the constitutional duty of cooperative government that engenders state organs to work co-operatively in order to meet their developmental mandates. It seems however that the state organs were merely interested to be seen to be in conformity with this duty more than actually solving the issue as this was seen as something to be tackled at a higher level.
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Esteves, Cristina Campos 1976. « O regime jurídico das águas minerais na Constituição de 1988 ». [s.n.], 2012. http://repositorio.unicamp.br/jspui/handle/REPOSIP/286755.
Texte intégralRésumé :
Orientador: Hildebrando HerrmannTese (doutorado) - Universidade Estadual de Campinas, Instituto de Geociências
Made available in DSpace on 2018-08-21T09:41:34Z (GMT). No. of bitstreams: 1 Esteves_CristinaCampos_D.pdf: 3209316 bytes, checksum: 61d3eec784fef7e3b823973b0520be08 (MD5) Previous issue date: 2012
Resumo: Na atualidade, a regulamentação jurídica das águas minerais no Brasil é realizada pelas normas do Código de Águas Minerais - Decreto-lei nº 7.841, de 8 de agosto de 1945 - que expressamente submete a gestão destas águas ao Código de Mineração - Decreto-lei nº 227, de 28 de fevereiro de 1967. Para a lei vigente, as águas minerais são preponderantemente consideradas um recurso mineral que produz efeitos medicamentosos nos termos do conceito objeto do art.1º do Código de Águas Minerais. O conceito aludido tem origem histórica e foi positivado no Brasil com fundamento na ciência da Crenologia segundo o modelo europeu vigente à época. Todavia, com o advento da Constituição da República de 1988, o conceito em vigência do que seja água mineral e seu regime jurídico deixaram de ser recepcionados. A nova ordem constitucional atribuiu a toda água a natureza jurídica de bem de uso comum do povo, determinando sua inclusão na Política Nacional de Recursos Hídricos e gestão por meio do Sistema Nacional de Recursos Hídricos. A alteração do paradigma é sustentada pelas mudanças perpetradas na realidade. Sabe-se atualmente que todas as águas hão de ser compreendidas como parte de um único todo em razão dos mecanismos do ciclo hidrológico. Assim, a gestão das águas, da mesma forma, há de ser objeto de um sistema único em razão da necessidade premente de conhecermos os reais volumes explotados deste recurso indispensável à vida humana como forma de materialização de uma gestão responsiva e sustentável que assegure a existência das futuras gerações. Historicamente as águas minerais deixaram de ser usadas como medicamentos em razão do desenvolvimento da farmacologia. Nos dias atuais o crescimento da demanda por água mineral guarda relação com o aumento da população indicando a preponderância do uso alimentício deste recurso que hoje é objeto de múltiplos usos. Nesse contexto, a água mineral não há de fazer jus a gestão que a separe das demais águas, devendo ser compreendida como recurso ambiental multifuncional de uso comum de todos
Abstract: Nowadays, the legal regulation of mineral water in Brazil is carried out by the rules of the of Mineral Waters Code - Decree-Law No. 7841 of August 8, 1945 - which expressly submits the management of these waters to the Mining Code - Decree-Law No. 227 of February 28, 1967. Under current law, mineral waters are mainly considered a mineral resource that produces pharmacological effects in terms of the concept objectified in art. 1st of the Mineral Waters Code. The aforementioned concept has historical origin and was embodied in law in Brazil based on mineral waters science and according to the European model prevailing at the time. Nevertheless, with the arrival of the 1988 Constitution, the once prevailing concept of what was considered mineral water and its legal status were no longer approved. The new constitutional order conveyed to all water the legal nature of asset for the common use of the people, determining its inclusion in the National Water Resources Policy and its management through the National System of Water Resources. The paradigm shift is supported by the changes enacted in reality. It is now known that all waters are to be understood as part of a single whole because the mechanisms of the hydrological cycle. Thus, water management, likewise, is subject to a single system because of the pressing need to know the actual explored volumes of this resource so essential to human life as a form of materialization of a responsive and sustainable management that assures existence to future generations Historically mineral waters stopped being used as drugs due to the development of pharmacology. Currently the growing demand for bottled water is related to population growth indicating the preponderance of the feeding use of water that today is subject to multiple uses. In this context, mineral water is not to follow the management that separates it from other waters, unless it is included within the National System of Water Resources Management - SNGRH object of the National Policy of Water Resources provided by the 1988 Constitution. In this context, mineral water is not to follow the management that separates it from other waters, it should be understood as a multifunctional environmental resource for the common use of all
Doutorado
Geologia e Recursos Naturais
Doutora em Geociências
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Pilarczyk, Ian C. « 'Justice in the premises' : family violence and the law in Montreal, 1825-1850 ». Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=84214.
Texte intégralRésumé :
The judicial response to family violence in Montreal during the period 1825 to 1850 was marked by paradox. The criminal justice system, driven by private prosecutors, limited the ability of some victims to seek the law's protection, but it allowed others to exercise considerable discretion and influence over the pursuit of justice. The legal response to the crimes of infanticide, child abuse, domestic violence, and spousal murder was equally contradictory. Infanticide may have been depicted as a horrific crime, but the call for justice was never strong. Society became increasingly sensitive to the notion that parents should be held accountable for causing injury to children, but a belief in the sanctity of the family was still paramount. When child abuse cases did come before courts, children were often accorded the same legal remedies by courts as were adult victims. Similarly, while the issue of family violence was not then a widespread societal concern, and while the notion that a wife was subordinate to her husband remained a prominent part of early-Victorian life, hundreds of abused wives prosecuted their husbands for assault. Those cases reflect not only that abused wives were contesting their partner's use of violence, but also that courts were willing to intervene. Spousal murder cases were further evidence of contradiction: women were subject to heightened legal penalties for killing their partners, but their gender also insulated them from the full severity of the law.In a period before the sweeping public movements that developed in the last several decades of the nineteenth century, courts were forced to grapple with family violence because private prosecutors brought those issues before them. In their willingness to hear cases involving infanticide, child abuse, domestic violence, and spousal murder, courts made public some of Victorian Montreal's darkest secrets. While the privately-driven system of justice was slowly to erode over the intervening decades, that erosion was to coincide with the rise of public crusades against child-cruelty, domestic violence, and other social issues. The visibility of family violence likely fueled, and in turn was fueled by, those social movements.
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Hogaboam, Dieter Grant. « Compensation and control, silicosis in the Ontario hardrock mining industry, 1921-1975 ». Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp04/mq22323.pdf.
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Ulrich, Roberta. « Justice Delayed : A Sixty Year Battle for Indian Fishing Sites ». PDXScholar, 1996. https://pdxscholar.library.pdx.edu/open_access_etds/5106.
Texte intégralRésumé :
The Army Corps of Engineers promised in 1939 that it would provide six fishing sites totaling 400 acres for Indian fishermen to replace 40 sites that would be flooded by the pool behind Bonneville Dam on the Columbia River. The agreement with the Warm Springs, Yakima and Umatilla tribes and Columbia River Indians also included construction of living quarters, boat launches, drying sheds and sanitary facilities. Only five sites were ever acquired and drying sheds and sanitary facilities were built on only two. This paper traces the delays through war, congressional appropriations, negotiations over sites, law suits, construction of new dams, disagreements between federal agencies and the tribes and between tribes, and slow moving federal agency processes. The U.S. Army Corps of Engineers broke ground in late 1995 on the first of 31 sites totaling 3 3 5 acres that will finally fulfill the commitment to the tribes in 2002. The tracing is done in the early years almost entirely through government correspondence and documents. In later years, the major sources are newspaper articles and government documents, including court files. The paper does not find a single cause for the extraordinary delay in fulfilling promises. Rather, it concludes that a number of events, attitudes and people had a part in creating delays at different times during the six decades. World War II caused the first major delay. Later causes included disagreements about locations, lack of appropriations, disputes over what facilities were to be included and slow government procedures.
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Mahlatji, Matlale Letticia. « The impact of water and sediment quality on the health of clarias gariepinus (burchell, 1822) and labeo rosae (steindachner, 1894) at the Phalaborwa Barrage, Olifants River, Limpopo Province ». Thesis, University of Limpopo (Turfloop Campus), 2014. http://hdl.handle.net/10386/1152.
Texte intégralRésumé :
Thesis (M.Sc. (Zoology)) --University of Limpopo, 2014Contamination of aquatic ecosystems by agricultural and mining activities, as well as by industrial discharges and urbanization in the catchment of the South African river systems has been the cause of increasing public concern. These activities may result in water pollution. One such river is the Olifants River System in Mpumalanga and Limpopo provinces which is highly impacted. The main aim of the study was to assess the impact of the water and sediment quality on the health of Clarias gariepinus and Labeo rosae and human risk when the fish is consumed at the Phalaborwa Barrage in the Lower Olifants River, Limpopo Province. This was achieved by assessing the water and sediment quality of the barrage at the three sampling sites; assessing the condition of the fish and the fish parasites by applying the fish HAI (Health Assessment Index) and PI (Parasite Index); determining the bioaccumulation of selected metals in the muscle tissue of the two fish species; and to determine the Human health risk factor upon consumption of fish contaminated with metals at the barrage. Ten fish from each fish species were collected seasonally at each site using gill nets of different mesh sizes. Standards methods were followed when testing selected water and sediment constituents. For water quality sampling, the water samples were collected over four seasons (autumn, winter, spring and summer) at three sites (inflow, wall and below wall) from April 2010 to January 2011. Sediment samples were also collected using a Friedlinger mudgrab (225cm3) at the three sites during winter and summer. Fish hosts were examined for mobile ectoparasites, weighed and measured. Blood samples were drawn and skin smears were made. Fish were killed, dissected and all external and internal organs were examined as prescribed in the fish health assessment index. The condition factor was determined for each fish population. All parasites were collected, fixed and preserved using standard methods. The highest water temperature (28.5 ºC) was in spring and lowest in winter (18 ºC). Overall pH was in an alkaline condition as it ranged from 7.4 to 8.7. Most water quality parameters were recorded at higher concentration in spring which includes; water temperature, pH, conductivity, salinity, TDS, alkalinity, and turbidity. Major ions (cations and anions) recorded were all within the TWQR. Sulphates concentrations were all within the TWQR. Calcium concentration levels exceeded the typical concentration limit in spring but the levels were still within the TWQR for domestic use. Nutrients levels (nitrate, nitrite, sulphate) were very low which indicate oligotrophic conditions. Highest total nitrogen was recorded in spring which is an indicative of eutrophic conditions. Highest phosphorous concentrations were recorded in winter, spring and summer which are an indicative of eutrophic conditions. Noticeable elevated levels were recorded at the inflow in summer which is an indicative of hypertrophic conditions. The results of the metals concentrations analysed demonstrated that metals within the barrage are present in trace amounts in the water. Analysis of the metal concentrations in water, sediment and fish muscle tissue revealed that the sediment contained the highest concentrations of metals followed by fish tissue and then the water. Metals that were detected in the water column includes; aluminium, antimony, arsenic, barium, boron, iron, manganese, selenium, strontium and tin. Metals that were detected at concentrations above the TWQR for aquatic ecosystem were; aluminium, antimony and selenium. Arsenic, cadmium and chromium were recorded at concentrations above the detection limit as suggested by CCME. Zinc concentrations were recorded at levels below suggested detection limit. Aluminium, barium, boron, cadmium, chromium, manganese, selenium and strontium were all detected at elevated levels in water and above the TWQR. Among the metals recorded in the water column, significant seasonal variations in concentration were found for aluminium, barium, boron, lead selenium and strontium whereas only boron showed a significant variation between sites. In comparison to the metals concentrations accumulated in the muscle tissue of both fish species. It was noted that C.gariepinus accumulated more metals than L. rosae; however L. rosae accumulated more metals at elevated concentrations than C. gariepinus. The metals that were accumulated at elevated levels in C. gariepinus were barium, boron, zinc and selenium. In L. rosae, iron, aluminium, strontium, titanium, vanadium and arsenic accumulated at elevated levels. All these metals pose a high risk to fish and human’s health. The highest population HAI was recorded in summer for both fish species. The lowest HAI value was recorded in autumn for both fish species. Although a high HAI population value was recorded higher in summer for both fish species, in general both fish species from the barrage were in a normal condition. A high number of ectoparasites were recorded in L. rosae than in C. gariepinus while high numbers of endoparasites were recorded in C. gariepinus than L. rosae. The dominating ectoparasites for both species were from the class monogenea. Although the prevalence for Contracaecum sp. in C. gariepinus was 100% in all season, it did not influence the condition of the host. None of the parasites identified from both fish species neither reached alarmingly infection levels nor caused any visible damage to the host. In conclusion, the water quality at the Phalaborwa Barrage is slightly polluted based on the water quality parameter(phosphorous) presence and recorded of some metals at the inflow that were recorded at elevated levels above the TWQR. Further recommendations are refereed such as extension of this study to all tributaries and to include other fish species in addition to constant monitoring of the impoundment.
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BhaskarDoss, Franklin Sherwin. « The impact of anti-conversion laws in India a biblical and historical study / ». Theological Research Exchange Network (TREN), 2006. http://www.tren.com/search.cfm?p001-1106.
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Machovenko, Jevgenij. « XIII-XX a. Lietuvos teisinės sistemos istorija ». Doctoral thesis, Lithuanian Academic Libraries Network (LABT), 2009. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2009~D_20090611_130744-71096.
Texte intégralRésumé :
Doc. dr. J.Machovenko habilitacijos procedūrai pateiktoje mokslo darbų apžvalgoje „XIII-XX a. Lietuvos teisinės sistemos istorija“ apibendrinami 1999-2009 m. VU Teisės fakultete atliktų tyrimų rezultatai, paskelbti 2 mokslo monografijose ir 20 mokslo straipsnių.
Šių tyrimų metodologinis pagrindas yra sociologinė teisės samprata, leidžianti į teisę žvelgti ne tik kaip į pozityviosios teisės normų visumą, bet ir kaip į kur kas platesnį socialinį reiškinį - teisinę visuomenės sistemą. Autorius laiko teisinę sistemą autonomine visuomenės, kaip savavaldės sistemos, subsistema, gebančia savarankiškai nustatyti savo vidinę raidą, kad galėtų tinkamai atlikti jai aukštesnės sistemos priskirtas funkcijas. Pagrindinėmis funkcinėmis teisinės sistemos subsistemomis autorius laiko teisėkūros (institucijų ir procedūrų, teisės normų ir jų šaltinių), jurisdikcijos (teisės taikymo) ir jurisprudencijos (teisės pažinimo bei mokymo) subsistemą. Apžvelgiami darbai apima visų trijų Lietuvos teisinės sistemos subsistemų problematiką. Remdamasis gausiais istorijos šaltiniais, Lietuvoje ir užsienyje paskelbtais mokslo darbais, autorius kompleksiškai nagrinėja nesulaukusius atidesnio teisės istorikų dėmesio klausimus. Lietuvos teisinės sistemos elementai tiriami Vakarų teisės tradicijos, kurioje susiformavo ir plėtojasi Lietuvos teisinė sistema, istorijos kontekstu. Autorius supranta teisės istoriją kaip tam tikriems dėsningumams pavaldų kryptingą įprasmintą teisės „įkopimą“ į kokybiškai vis aukštesnį... [toliau žr. visą tekstą]In the present work the author reviews the two scientific monographs and twenty scientific articles in which the history of the Lithuanian legal system is investigated. The author aspires to elucidate how did the main subsystems of the Lithuanian legal system – legislation, jurisdiction and jurisprudence – appeared and developed up to the end of the 20th century in the context of evolution of the Western legal tradition. The basic methods of research used in the works are historical, comparative and teleological. The main theses of the reviewed scientific monographs and articles are these: The law of the Grand Duchy of Lithuania (GDL) was created by the Government on the basis of the national Lithuanian law and some elements of the custom Slav law. Substitution of the custom Slav law for the Lithuanian public and private law took place in those provinces in the 14th-16th centuries. The custom Slav law hampered forming of the system of law of the GDL. It was created finally in the middle of the 16th century. The law of the GDL was a medieval estate law. Estate is a legal phenomenon and law determines signs and features of any estate. Main sign of any estate is rights leaved to him by law and protected by state. Estate system, that is an organization of society into classes rigidly divided for political purposes and defined primarily by law, is based on a legal inequality of estates. Any estate is a stable order closed to outsiders. In order to belong to estate any person must... [to full text]
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Monthey, Tanya Trangia. « "The Most Difficult Vote" : Post-Roe Abortion Politics in Oregon, 1973-2001 ». PDXScholar, 2019. https://pdxscholar.library.pdx.edu/open_access_etds/4822.
Texte intégralRésumé :
The abortion debate in the United States has come to split the contemporary electorate among party lines. Since the late 1970s, the Republican Party has taken a stand against abortion and has worked through various routes of legislation to pass restrictions on access to the procedure. Oregon however, provides a different interpretation of this partisan debate. Though Oregon has seen both Republican and Democratic leadership in all houses of state government and pro-life conservative groups have lobbied to restrict the procedure, no abortion restriction has been passed in the state since the United States Supreme Court invalidated many state abortion bans in 1973.
This thesis analyzes the legislative history of Oregon beginning in the mid nineteenth century, when the Oregon Territory first passed an abortion ban. Oregon voters and lawmakers alike were continuously asked to debate the legality and morality of abortion. Though the state did participate in the national debate over access to abortion, made clear by dozens of attempts at restricting the procedure, Oregon's response to conservative political trends is distinctive.
Oregon liberalized its abortion law before Roe was decided; and years before, prominent physicians provided abortions and advocated for reproductive health. After abortion was decriminalized, Oregon legislators protected abortion access further by rejecting all attempts to pass abortion restrictions and crafting legislation to make further restrictions more difficult to pass. Even as Republicans gained majorities in the Oregon legislature in the late 1980s and 1990s and the pro-life movement gained momentum on the statewide level nationally, Republican lawmakers remained unwilling to prioritize abortion legislation. So too, in the decades following the Roe decision, Oregon voters have rejected all pro-life attempts to restrict abortion access by ballot initiative. Instead of pointing to one explanation for Oregon's protection of abortion access, this thesis examines the societal and legislative developments that worked in tandem to create a legislative landscape that is protective of abortion.
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Nolting, Janine. « Proposed South African management framework for the implementation of the International Convention for the Control and Management of Ships' Ballast Water and Sediments ». Thesis, Rhodes University, 2011. http://hdl.handle.net/10962/d1003907.
Texte intégralRésumé :
South Africa, strategically situated at the southern tip of Africa, is edged on three sides by almost 3000 km of coastline surrounded by the Indian Ocean and the Atlantic Ocean (South African Tourism, 2011). This vast ocean expanse is responsible for conveying approximately 96% of South Africa’s exports (Brand South Africa, 2011). Despite the positive economic effects of the shipping industry, translocation of harmful organisms and pathogens via ballast water and sediments inside ballast water tanks has far reaching global environmental (and economic) impacts (Oliviera, 2008:1; David and Gollasch, 2008:1966). Ballast water is the water that is taken on in order to manage the draft of the ship, to help with propulsion, manoeuvrability, trim control, list and stability (Oliviera, 2008:2). The discharge of ballast water into the world’s oceans has resulted in the transfer of ecologically harmful sea-life into non-native environments (IMO, 2011), resulting in major environmental threats to our oceans (Bax, Williamson, Aguero, Gonzalez and Geeves, 2003:313). Various international documents have been developed to deal with the ballast water issue, culminating in the introduction of the International Convention for the Control and Management of Ships’ Ballast Water and Sediments (“the Convention”) in 2004. The Convention aims at achieving a reduction in the transfer and subsequent impacts of aquatic organisms via the ballast water and sediment of ships. On a local level, South Africa does not have direct legislation or regulations dealing with ballast water (Duncan, 2007:34) and relies on the combination of a number of pieces of legislation relating to environmental management, coastal management, biodiversity, alien invasive species control, port control and ship safety (National Environmental Management Act, 1998, National Environmental Management: Biodiversity Act, 2004, National Environmental Management: Integrated Coastal Management Act, 2009, National Ports Act, 2005 and Merchant Shipping Act, 1951). Although the Convention was ratified by South Africa in 2008 (Department of International Relations and Cooperation, 2011) it is still not in force and there still exists no other consolidated legal mechanism through which ballast water is managed. This research has investigated the various roles, responsibilities and mandates of South African competent authorities under the aforementioned legislation in managing ballast water, and has determined that there is definite legislative and institutional fragmentation as well as overlaps. A comparative analysis of management frameworks developed both locally and internationally was conducted in order to develop a management framework for ballast water management in South Africa. Various legislative, institutional and functional aspects were identified and adapted for inclusion in a South African management framework. A co-ordinated approach to ballast water management has been developed in the management framework which is anticipated to result in more definitive roles and responsibilities of the various South African departments involved in the management of ballast water and implementation of the Convention.
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Wery, Anne. « Bruits et silences savants, les politiques du Ministère de l'éducation au Nouveau-Brunswick, 1937-1943 ». Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp04/mq23740.pdf.
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Wells, Gordon Marshall. « Controlling nonpoint pollution in Virginia's urbanizing areas : an institutional perspective ». Thesis, Virginia Polytechnic Institute and State University, 1986. http://hdl.handle.net/10919/101332.
Texte intégralRésumé :
This paper evaluates the effectiveness of the institutional framework of the Commonwealth of Virginia in the implementation and enforcement of nonpoint source (NPS) pollution control measures in the state's urbanizing areas. The institutional framework is developed primarily around the existing governmental framework. The federal, state and local roles are examined in terms of the relevant legislative and executive NPS control activities already taking place. The judicial function is considered in terms of constitutional guarantees of protection of private property and the potential for liability stemming from the implementation of structural and nonstructural best management practices (BMP's).
Three generic categories of BMP's are evaluated in light of this institutional environment: on-site BMP's, off-site BMP's and nonstructural BMP's. Where they are relevant, various subcategories of the institutional environment are examined: mechanisms and responsibility for financing and maintenance, managing future urban growth and mediating interjurisdictional arrangements. The introduction and first four chapters develop this material and the final chapter is an analysis of the existing state programs (the Erosion and Sediment Control Law and the State Water Control Board's voluntary Urban NPS Control and Abatement Program).
The product of this analysis is the conclusion that both state programs analyzed are weak due to a lack of state oversight. In addition, the Erosion and Sediment Control Program could be strengthened by amending the law to add a viable "stop work" order and by defining violations as being civil rather than criminal (misdemeanors) violations.M.S.
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Abdulkadir, Abdulkadir Hashim. « Reforming and retreating : British policies on transforming the administration of Islamic Law and its institutions in the Busa‘idi Sultanate 1890-1963 ». Thesis, University of the Western Cape, 2010. http://hdl.handle.net/11394/1651.
Texte intégralRésumé :
Magister Legum - LLMAfter the establishment of the British Protectorate in the Busa‘idi Sultanate in 1890, the British colonial administration embarked on a policy of transforming the administration of Islamic law and its institutions which included the kadhi, liwali and mudir courts. The ultimate objective of the transformation process was to incorporate such institutions into the colonial enterprise and gradually reform them. Within a span of seven decades of their colonial rule in the Busa‘idi Sultanate, the British colonial authorities managed to transform the administration of Islamic law and its institutions. Key areas of the transformation process included the formalisation of the administration of Islamic law in which procedural laws related to MPL and wakf regulations were codified. Kadhi courts and wakf commissions were institutionalised and incorporated into the colonial apparatus. In the process of transforming the kadhi courts, the British colonial authorities adopted three major policies: institutional transformation, procedural transformation, and exclusion of criminal jurisdiction from kadhi courts. The focus of the transformation process was on the curtailment of kadhis powers. By 1916 criminal jurisdiction was removed from kadhis and their civil jurisdiction was gradually confined to MPL. Other significant areas of the transformation process were the wakf institutions and slavery. Wakf institutions were related to land issues which were crucial to the colonial politics and the abolition of slavery in the Busa‘idi Sultanate was a primary concern of the British colonial administration. Through policies of compromise and coercion, the British colonial officials managed to gradually abolish slavery without causing political or social upheavals in the Sultanate. Due to the fact that there was no uniform policy on the transformation exercise undertaken by the British colonial officials on the ground, the reform process was marked with transformative contradictions which seemed to be a hallmark of British colonial policy in the Busa‘idi Sultanate. For instance, British colonial policies on transforming wakf institutions were caught in a contradiction in that, on the one hand, colonial efforts were geared towards transforming the land system in order to achieve economic development, and on the other hand, the British colonial officials were keen to uphold a paternalistic approach of adopting a non-interference policy in respect of religious institutions. Similarly, in abolishing slavery, the British colonial government, on the one hand, was under pressure from philanthropists and missionaries to end slavery, and, on the other hand, the British colonial officials on the ground portrayed their support of the slave owners and advocated a gradual approach to abolish slavery. Findings of this thesis reveal that the British colonial administration managed to achieve complete reform in some cases, such as, the abolition of liwali and mudir courts and confining kadhis’ civil jurisdiction to MPL, while in other areas, such as, the management of wakf institutions and the abolition of slavery, the British faced resistance from the Sultans and their subjects which resulted in partial reforms. Hence, in the process of transforming the administration of Islamic law and its institutions in the Busa‘idi Sultanate, the British colonial administration adopted a dual policy of reforming and retreating.
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Daitch, Vicki. « Natural science and the American government : fur seal management from gilded age to progressive era ». Thesis, Virginia Tech, 1991. http://hdl.handle.net/10919/44215.
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