Дисертації з теми "Civil and commercial matters"
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1
Rosner, Norel. "Cross-border recognition and enforcement of foreign money judgments in civil and commercial matters /." Groningen : Ulrik Hubert Institut for Private International Law, 2004. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=013075450&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.
2
Bich, Du Ngoc. "Recognition and enforcement of foreign judgments in civil and commercial matters : a proposal for Vietnam /." Groningen : Ulrik Huber Inst. for Private International Law, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/524429499.pdf.
3
Zhang, Guang Jie. "The arrangement for mutual recognition and enforcement of judgments in civil and commercial matters between the Mainland China and Hong Kong SAR." Thesis, University of Macau, 2012. http://umaclib3.umac.mo/record=b2586527.
4
Tu, Guangjian. "Jurisdiction in civil and commercial matters in the USA and EU : a comparative study from the perspective of legal tradition and fundamental approach in search of a global jurisdiction and judgements convention." Thesis, University of Aberdeen, 2006. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=217942.
Анотація:
This research was done against the background of the failure of the Hague negotiations for a ‘broad' global jurisdiction and judgments convention. Two of the most important jurisdiction issues upon which the two main players (the U.S. and EU) disagreed with each other were chosen to be studied i.e. the issue of whether a jurisdiction system should be one composed o f loose jurisdiction rules, even some general principles w ith b road discretion being g iven to judges or one composed of predictable hard-and-fast rules with no discretion being given to judges and the issue of what nexus should be qualified for general jurisdiction, to what extent such a nexus should be relied on and what nexus is the proper one for special (specific) jurisdiction regarding commercial contract and tort cases. The aim of this research is to seek the ideal models dealing with the two issues, find out how the two issues fared at The Hague and what could be done for the future if there is a ‘third' chance. Chapters Two and Three critically examine the jurisdiction scheme in the U.S.A. and EU (under the Brussels regime) with particular attentions being drawn to the two issues. Chapters Four and Five bring the two systems together to make a comparison from the perspective o f legal tradition and fundamental approach between them, assess and reflect upon the different approaches in the two systems, and find that as far as the first issue is concerned, an ideal personal jurisdiction system should adopt a predictable-rule-based approach with moderate discretion being given to judges; as far as the second issue is concerned, the ideal model is that general jurisdiction should be only based on the habitual residence of the defendant, special (specific) jurisdiction regarding commercial contract and tort cases should be based on the nexus between the dispute and the forum and general jurisdiction should stand at the equal footing with special (specific) jurisdiction. Chapter Six examines what had actually happened to the two issues at The Hague and analyses whether the ideal models should and could be accepted by the two sides if they have a ‘third' chance. Chapter Seven will conclude this thesis by looking to the future.
5
VALKOVA, LENKA. "CHOICE-OF-COURT AGREEMENTS IN COMMERCIAL, FAMILY AND SUCCESSION MATTERS." Doctoral thesis, Università degli Studi di Milano, 2019. http://hdl.handle.net/2434/612913.
Анотація:
Choice-of-court agreements reduce a legal uncertainty regarding which State may hear a dispute and whether the judgement of the court will be upheld in other countries since this planning tool enables the parties to predict the venue for the dispute. The PhD project aims at examining rules on choice-of-court agreements in the EU in civil and commercial matters (under the Brussels Ibis Regulation, Hague Convention on Choice of Court Agreements, the 2007 Lugano Convention), in family matters (under the Brussels IIa Regulation, Maintenance Regulation, Matrimonial Property Regime Regulation, Regulation on the Property Consequences of Registered Partnerships), and in succession matters (under the Succession Regulation). Moreover, this project makes an effort in identifying the barriers, weaknesses, and gaps of the rules on choice-of-court agreements, lis pendens, and parallel proceedings, it proposes solutions de lege ferenda and it examines the interplay of the legal instruments through their simultaneous application.
This thesis is divided into three chapters. The first chapter introduces party autonomy on a general level, which includes the outline of different categorizations of party autonomy, a brief historical development of the choice-of-court agreements and the analysis of the nature and effect of the choice-of-court agreement. This chapter focuses on the importance of the rules on choice-of-court agreements in the EU, their functions, and practical use, as well as divergent limitations with respect to choice-of-court agreements. The second chapter represents a core of the PhD thesis tackling the civil and commercial matters: it analyzes choice-of-court agreements (scope, conditions for applications, formal and substantive validity, exclusivity, severability) and issues related to it (rules on lis pendens and on parallel proceedings) under the Brussels and Lugano Regimes, under the Hague Convention on Choice of Court Agreement and it examines the interplay between all these three legal instruments in the practical examples. The third and last part deals with the choice-of-court agreements in family and succession matters, which is further broken down by the single EU Regulations. In particular, this last chapter pays attention to: Article 12 of the Brussels IIa Regulation, which determines the rule on prorogation of jurisdiction in parental responsibility matters; lacking rule on choice-of-court in divorce under the Brussels IIa Regulation; Article 4 of the Maintenance Regulation, which determines the rule on choice-of-court agreements in maintenance matters; Articles 5 and 7 of the Regulation on Matrimonial Property Regimes and the Regulation on Property Consequences of Registered Partnerships, which determine the rules on choice-of-court agreements in property regimes of the spouses and registered partners; Articles 5, 6, 7, and 9 of the Succession Regulation allowing party autonomy to a limited extent.
6
Ting, Carina Maria. "Practical matters for defense contractors converting DoD technology to commercial markets." Thesis, Massachusetts Institute of Technology, 2012. http://hdl.handle.net/1721.1/76358.
Анотація:
Thesis (S.M. in Engineering and Management)--Massachusetts Institute of Technology, Engineering Systems Division, System Design and Management Program, 2012.This electronic version was submitted by the student author. The certified thesis is available in the Institute Archives and Special Collections.
Cataloged from student-submitted PDF version of thesis.
Includes bibliographical references (p. 67-73).
This thesis asks if and how the defense contractor can profitably transfer the technology and institutional learning obtained from DoD funded R&D to commercial markets. There are numerous examples of very successful defense conversion in U.S. history, such as the computer and internet. This phenomenon however, is not commonplace and the original developer of the military applied technology did not often profit from its commercialization. Faced with multiple disadvantages associated with having adapted to doing business with the DoD, this thesis hypothesizes that the one possible advantage that the DoD contractor has in competing in the commercial markets is access to advanced technological knowledge and personnel that have benefited from the learning associated from performing state of the art R&D for the DoD. This degree of advanced technology learning is not as accessible to the commercial firm because business pressures do not allow the degree of funding for cutting edge technology and less directly applicable research. This thesis examines the barriers for the DoD contractor attempting to move into the commercial market and examines cases studies of successful conversions and the recommendations from applicable prescriptive literature.
by Carina Ting.
S.M.in Engineering and Management
7
Davila, Valdiviezo Charlotte. "Les stratégies contentieuses en matière civile et commerciale : étude à partir du Règlement Bruxelles I bis." Electronic Thesis or Diss., Lyon 3, 2023. http://www.theses.fr/2023LYO30032.
Анотація:
Si le terme de stratégie n’est que peu accolé au domaine juridique, les stratégies visant à utiliser le droit à son avantage ont toujours existé. Afin de mettre en lumière ce phénomène, ce travail de thèse s’est penché plus spécifiquement sur les stratégies qui s’initient autour d’un point d’ancrage qui est le procès : les stratégies contentieuses. Le postulat de départ était celui de l’importance primordiale de la connaissance des règles et du cadre pour naviguer efficacement vers une issue favorable. Les règles sont ici entendues dans un sens large qui comprend les règles juridiques des États membres et de l’Union, la jurisprudence de leurs cours de justice, mais aussi tout le contexte économique, politique, sociale et culturelle entourant les parties et leur litige.La pratique contentieuse stratégique dans l’espace européen méritait alors de revenir en détails sur les différents acteurs intervenant au cours de la stratégie (parties, juges nationaux, juges européens) mais aussi sur l’histoire et l’évolution de l’Union européenne et de son droit.Cette recherche de connaissance des règles, nous a également amené à revenir sur le cadre conceptuel et les réalisations concrètes s’agissant de la compétence juridictionnelle dans l’Union européenne, pour mettre en lumière un système complexe gravitant autour du règlement Bruxelles 1bis et d’une Cour de justice de l’Union, actrice et promotrice de l’intégration européenne. Cependant, l’élaboration de stratégies ne s’arrête pas à la compréhension des règles, mais exige leur anticipation et leur adaptation à des réalités changeantes. Le choix du tribunal devient alors une manœuvre stratégique, guidée à la fois par des critères objectifs et subjectifs.Examiner l’histoire européenne ainsi que le parcours des acteurs de la stratégie offre une opportunité pour saisir leurs modes de fonctionnement et pour anticiper leurs actions dans le contexte d'une Europe multiculturelle, constituée d’États membres souverains. Il s’agira de prédire les évolutions juridiques, les revirements jurisprudentiels, les positionnements favorables, ou encore les actions qui sont de nature à rencontrer les objectifs économiques ou politiques de l’Union, tout en gardant en tête que les juges peuvent toujours être à l’origine de biais dans le processus de jugement. Il s’agira également de connaître l’histoire de l’adversaire afin d’estimer ses forces et ses faiblesses pour ajuster la stratégie en conséquence.Il n’existe pas de voie unique dans la réussite d’une stratégie contentieuse : le succès d’une stratégie est largement tributaire de la perception qu’en a le justiciable, de ses objectifs et attentes. Le choix de la juridiction peut alors se faire en fonction des garanties procédurales offertes, de la prévisibilité de la décision, ou encore de l’application de règles spécifiques attachées au for.La stratégie contentieuse peut aussi consister à se détacher de ce schéma pour rechercher une résolution alternative par des modes amiables ou l’arbitrage.Alors que l’approche stratégique peut être tentée de s’affranchir des contraintes éthiques ou morales par l’utilisation de manœuvres dévoyant l’objectif des textes, il est essentiel de rappeler que la possibilité d’une stratégie à la fois profitable et vertueuse existe. A défaut, les juges nationaux et européens joueront leur rôle en tant que garde-fous de l’intégrité du systèmeWhile the term "strategy" is rarely associated with the legal field, strategies aimed at leveraging the law to one's advantage have always existed. To shed light on this phenomenon, this thesis focuses specifically on litigation strategies that revolve around a trial as a central point.The starting assumption was the paramount importance of understanding the rules and the framework to effectively navigate towards an advantageous outcome. Rules here are broadly defined to include the legal rules of the member states and the Union, the case law of their courts, and the entire economic, political, social, and cultural context surrounding the parties and their dispute.Strategic litigation practice in the European area then warranted a detailed review of the various actors involved in the strategy (parties, national judges, European judges), as well as the history and evolution of the European Union and its law.This quest for knowledge of the rules also led us to revisit the conceptual framework and concrete achievements concerning jurisdiction in the European Union, highlighting a complex system revolving around the Brussels 1bis Regulation and a Court of Justice of the Union, both an actor and promoter of European integration.However, the development of strategies does not stop at understanding the rules but requires their anticipation and adaptation to changing realities. The choice of court then becomes a strategic maneuver, guided by both objective and subjective criteria.Reviewing European history as well as the trajectory of the strategic actors provides an opportunity to grasp their operating modes and to anticipate their actions within the context of a multicultural Europe, composed of sovereign member states. It will be about predicting legal developments, jurisprudential reversals, advantageous positions, or even actions that are likely to meet the economic or political objectives of the Union, while keeping in mind that judges can always introduce bias into the judgment process. It will also involve understanding the adversary's history in order to estimate their strengths and weaknesses to adjust the strategy accordingly.However, there is no single path to the success of a litigation strategy: the success of a strategy largely depends on the perception of the litigant, their objectives and expectations. The choice of jurisdiction can then be made based on the procedural guarantees offered, the predictability of the decision, or the application of specific rules attached to the forum.The litigation strategy can also involve breaking away from this scheme to seek an alternative resolution through amicable methods or arbitration.While the strategic approach may be tempted to free itself from ethical or moral constraints by using maneuvers that pervert the purpose of the texts, it is essential to remember that a strategy can be both profitable and virtuous. Failing this, national and European judges will play their role as safeguards of the system's integrity
8
Denizot, Christophe. "Droit civil et bail commercial." Paris 11, 2003. http://www.theses.fr/2003PA111008.
9
Gram, Margaret Hunt. "Matters of State: American Literature in the Civil Rights Era." Thesis, Harvard University, 2013. http://dissertations.umi.com/gsas.harvard:11083.
Анотація:
"Matters of State: American Literature in the Civil Rights Era" argues that American writers engaged with the American civil rights movement as it unfolded by turning their attention to the state and the state's relationship to its subjects and by imagining new forms for both. Postwar American literary culture, then, understood racial inequality not solely as a problem of identity and difference, nor simply as an economic problem, but as a problem of formal citizenship. Between around 1948 and around 1968, that problem as such spurred diverse and unruly literary inquiries into a range of matters of state, each taken up in dialogue with American constitutional law and each also a meditation on the particular capacities of literary art as a site for political thinking. William Faulkner and Flannery O'Connor tried to reimagine the structure of federalism; James Baldwin and Harper Lee interrogated the real workings of democracy; Chester Himes and Sam Greenlee asked whether social movements ought to collaborate with the existing U.S. state in the first place; Norman Mailer, William Styron, Amiri Baraka, and others reoriented literary culture toward a new, post-civil-rights set of questions. Read as one archive, the novels and plays and essays that they produced tell a new story about American literature at midcentury: a story about literature's quasi-autonomous engagement with the political-theoretical questions that racial inequality had rendered urgent. They remind us of the complexity of history itself, and of the difficulty and uncertainty obscured by triumphalist narratives of democratic liberalism's inevitable civil-rights redemption. And they afford a glimpse into the kaleidoscopic legal worldmaking for which literary art in general can be an arena.
10
Page, Brian Daniel. "Local Matters: Race, Place, and Community Politics After the Civil War." The Ohio State University, 2009. http://rave.ohiolink.edu/etdc/view?acc_num=osu1249417207.
11
Šteflová, Iva. "Alternativní způsoby řešení sporů v obchodních závazkových vztazích." Master's thesis, Vysoká škola ekonomická v Praze, 2010. http://www.nusl.cz/ntk/nusl-85932.
Анотація:
The diploma thesis is focused on alternative dispute resolution (ADR) in business relationships. The goal of thesis is to determine the term of alternative dispute resolution and to compare different approaches to regulation of mini-trial and mediation. The first part of thesis presents the term ADR and identifies its key characteristics. It points out the advantages and disadvantages of ADR and introduces institutions which concern with ADR. The attention is also aimed on arbitration and its relation to ADR. The second part of thesis deals with mini-trial. The description of its features is based on comparison of model rules provided by institutions which concern with ADR. The third part of thesis is focused on the most expanded method of ADR -- mediation. The attention is aimed at regulation trend within the European Union, legislation in the Czech Republic and Mediation Act Proposal. Closing part compares regulation of mini-trial and mediation and points out some of the debatable provisions of the Mediation Act Proposal.
12
Brigman, Nicholas (Nicholas Allen). "Structural health monitoring in commercial aviation." Thesis, Massachusetts Institute of Technology, 2012. http://hdl.handle.net/1721.1/73846.
Анотація:
Thesis (M. Eng.)--Massachusetts Institute of Technology, Dept. of Civil and Environmental Engineering, 2012.Cataloged from PDF version of thesis.
Includes bibliographical references (p. 87-90).
The number of aging commercial aircraft in service is steadily increasing as airlines continue to extend the life of their aircraft. Aging aircraft are more susceptible to fatigue and corrosion and require more frequent and intensive inspections and maintenance, which is a financial drain on operators. One way to improve the economics and safety of commercial aircraft is through implementation of a structural health monitoring (SHM) system. An ideal SHM would be able to give be capable of indicating damage type, location, severity, and estimate the remaining life of the structure while the structure is in use. This paper is an overview of how SHM can be applied in commercial aviation including discussion of requirements, implementation, challenges, and introducing several possible SHM systems. The SHM systems introduced in this paper are: vibration based monitoring, fiber optic sensors, and high frequency wave propagation techniques including acoustic emission, ultrasonic, Lamb waves, piezoelectric and MEMS actuator/sensors. The limitations and challenges inhibiting introduction of SHM to industry and recommendations for the future are also discussed.
by Nicholas Brigman.
M.Eng.
13
Rossetti-Moulin, Françoise. "L'entreprise familiale en droit civil et en droit commercial." Grenoble 2, 1998. http://www.theses.fr/1998GRE21023.
Анотація:
La premiere partie traite des rapports de travail au sein d'une entreprise, entre des personnes appartenant a une meme famille, plus particulierement entre epoux. Ces rapports de travail sont etudies d'abord dans l'entreprise individuelle, puis dans une societe. Dans la seconde partie, est examinee l'influence du caractere familial sur le fonctionnement et la perennite de l'entreprise individuelle et sur l'organisation de l'entreprise socialeThe first section deals with work-oriented relationships within the business between individuals belonging to the same family, and more particularly between spouses. Work-oriented relationships ars studied first within an individual firm, then within a company. The second section treats of the effect of the family concept on the running and durability of an individual firm, and also on the organisation of the business as a company
14
Wallace, Chris. "Rough-terrain groundspeed measurement : a radar-based commercial solution." Thesis, Aston University, 1985. http://publications.aston.ac.uk/15107/.
Анотація:
Off-highway motive plant equipment is costly in capital outlay and maintenance. To reduce these overheads and increase site safety and workrate, a technique of assessing and limiting the velocity of such equipment is required. Due to the extreme environmental conditions met on such sites, conventional velocity measurement techniques are inappropriate. Ogden Electronics Limited were formed specifically to manufacture a motive plant safety system incorporating a speed sensor and sanction unit; to date, the only such commercial unit available. However, problems plague the reliability, accuracy and mass production of this unit. This project assesses the company's exisiting product, and in conjunction with an appreciation of the company history and structure, concludes that this unit is unsuited to its intended application. Means of improving the measurement accuracy and longevity of this unit, commensurate with the company's limited resources and experience, are proposed, both for immediate retrofit and for longer term use. This information is presented in the form of a number of internal reports for the company. The off-highway environment is examined; and in conjunction with an evaluation of means of obtaining a returned signal, comparisons of processing techniques, and on-site gathering of previously unavailable data, preliminary designs for an alternative product are drafted. Theoretical aspects are covered by a literature review of ground-pointing radar, vehicular radar, and velocity measuring systems. This review establishes and collates the body of knowledge in areas previously considered unrelated. Based upon this work, a new design is proposed which is suitable for incorporation into the existing company product range. Following production engineering of the design, five units were constructed, tested and evaluated on-site. After extended field trials, this design has shown itself to possess greater accuracy, reliability and versatility than the existing sensor, at a lower unit cost.
15
Busza, Eva. "The civil aviation cartel : a study in the politics of international collaboration." Thesis, University of British Columbia, 1987. http://hdl.handle.net/2429/26790.
Анотація:
The thesis examines the formation and development of post-World War II international collaboration in the economic regulation of the commercial aspects (i.e., market entry; market shares and prices) of civil aviation. Specifically, it studies the formation and operation of one type of international
regime: a cartel. The thesis seeks to answer two questions: why do states cooperate to support an international cartel? And why do states cease to support a cartel?
The study proposes three reasons why states will support a cartel: (1) to promote consumer welfare and the growth of the industry; (2) to ensure the development and protection of their national carriers; and (3) in response to hegemonic activity.
It then considers why states cease to participate in the cartel arrangements.
This occurs: if states no longer believe that the cartel is promoting
consumer welfare and industrial growth; if they conclude that their industry no longer benefits from cartel protection; or if the hegemon is unable
or unwilling, or both, to support the regime.
All three give valuable insights. Nevertheless, the author proposes that it is possible to establish a hierarchy of usefulness according to the depth and scope of understanding offered by each explanation. It is argued that hegemonic stability theory provides the most useful insights.Arts, Faculty of
Political Science, Department of
Graduate
16
Geltner, David Michael. "Risk and returns in commercial real estate : an exploration of some fundamental relationships." Thesis, Massachusetts Institute of Technology, 1989. http://hdl.handle.net/1721.1/14358.
17
Versan, R. "The general principles of international judicial assistance in civil matters and judicial assistance to international courts." Thesis, University of Cambridge, 1985. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.373715.
18
FILHO, THEOPHILO ANTONIO MIGUEL. "CONSTITUTIONAL AND LEGAL MATTERS ABOUT THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2010. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=18344@1.
Анотація:
O intenso tráfego mundial de bens, pessoas e direitos acarreta inexorável
erosão do clássico e isolacionista conceito de soberania, impondo a adoção de
novos e mais ágeis mecanismos de cooperação jurídica internacional destinados a
resguardar interesses de primordial importância, dentre eles os relativos ao retorno
imediato da criança indevidamente retida ou transferida ao local de sua residência
habitual, assegurando-lhe, ainda, a proteção ao direito de visita e convívio com
ambos os genitores.The intense global traffic of goods, people and rights causes inexorable erosion of the isolationist classical concept of sovereignty, requiring the adoption of new and more flexible mechanisms for international legal cooperation designed to protect major interests, including those for the immediate return of children wrongfully retained or transferred to the place of habitual residence, assuring him also to protect the rights of access and contact with both parents.
19
Liong, Katherine Amie. "Cicero de re militari : a civilian perspective on military matters in the late Republic." Thesis, University of Edinburgh, 2011. http://hdl.handle.net/1842/5616.
Анотація:
Cicero‘s value as a military commentator has traditionally been obscured by his reputation as an unmilitary figure. This focus ignores the considerable quantity – and quality – of references to military matters in his writings, as well as the engagement demanded by his public profile as a senior senator and advocate during the war-torn final decades of the Republic. As a participant-witness writing as events unfolded, he provides unrivalled insight into developing contemporary issues from an equally unrivalled civilian/domestic perspective. Far from precluding meaningful discussion, this perspective draws attention to the wider consequences of the activities of the army, from their symbolic representation of Rome‘s might to their impact on domestic stability and role in imperial expansion. This thesis explores Cicero‘s contribution to the militarized culture of the late Republic, bringing together his military-themed comments in the first major study of its kind. Chapter 1 sets the scene with an examination of his military service, demonstrating that it met the standards of the day and identifying characteristics of his outlook that can be linked directly to his experience. Chapter 2 investigates his engagement with Rome‘s military heritage by way of his use of military exempla, specifically the priorities indicated by his choice and description of these figures. Chapter 3 presents a similar assessment of his relationships with contemporary military figures, noting the effect of their political influence on the interest he took in their military responsibilities. Chapters 4 and 5 assess his theory concerning military matters in the domestic and foreign spheres, respectively. Both highlight the focus on ethics which sets Cicero‘s theory apart from that of his contemporaries. Finally,chapter 6 addresses the tension between civic and military values in the previous chapters, contextualizing his pro-civic bias as a reaction to military despotism rather than anti-militarism for its own sake. The analysis of these themes confirms Cicero‘s awareness of military matters as well as his contemporary authority as a commentator. It moreover highlights the historical value of his remarks as the rhetorical product of a civilian context and an alternative discourse about the relationship between the army and the state. Although his views are broadly comparable to those of contemporary authors, his coverage of associated domestic concerns is not. The end result is an account of military matters which complements conventional military histories and manuals of military science, and deserves to be taken seriously as military commentary.
20
Tam, Ryan Aung Min 1973. "An analysis of the dynamics of the US commercial air transportation system." Thesis, Massachusetts Institute of Technology, 2003. http://hdl.handle.net/1721.1/38889.
Анотація:
Thesis (S.M. in Transportation)--Massachusetts Institute of Technology, Dept. of Civil and Environmental Engineering, 2003.This electronic version was submitted by the student author. The certified thesis is available in the Institute Archives and Special Collections.
Includes bibliographical references (p. 59).
Major trends in the airline industry are analyzed to highlight key dynamics that govern the US domestic air transportation system. The hypothesis is that air travel supply and demand equilibriums, a reliance on outside capital, and intra-industry competition are among the most critical forces that are driving the current restructuring of the airline industry. Data on airline operational and financial performance is used to trace these dynamics as the industry evolved through periods of industry deregulation, an economic growth bubble, and the aftermath of the attacks of September 11, 2001. The thesis identifies the post-deregulation development of hub-and-spoke networks and yield management systems as the key forces that would set the stage for a bifurcation of the air travel market during a cycle of economic growth in the late 1990s. During this bubble economy, the dynamics of supply and demand fundamentally shifted as the major carriers focused on high-revenue, high-cost operations and travelers began to flock to newer low-fare, low-cost carriers. With the end of the economic growth cycle in 2000, the bifurcation of the airline industry began to affect revenues and profits at the major carriers. Massive and unprecedented industry losses would ensue, and would be compounded by the attacks of 9/11. Airline operational strategies in response to 9/11 and longer-term restructuring efforts are discussed in order to further identify the key dynamics affecting the air transportation system. These dynamics are synthesized and then discussed within the broader context of the air transportation system, the impact of air travel on the economy and mobility, and the role of government.
by Ryan Aung Min Tam.
S.M.in Transportation
21
Kanaan, Ziad Y. "A review of automatic vehicle location technologies and applications to commercial transportation." Thesis, Massachusetts Institute of Technology, 1995. http://hdl.handle.net/1721.1/36617.
22
Wirth, David J. "Improving the finish quality of large commercial air conditioners." Thesis, Massachusetts Institute of Technology, 1997. http://hdl.handle.net/1721.1/43587.
Анотація:
Thesis (S.M.)--Massachusetts Institute of Technology, Sloan School of Management; and, (S.M.)--Massachusetts Institute of Technology, Dept. of Civil and Environmental Engineering, 1997.Includes bibliographical references (p. 63).
by David J. Wirth.
S.M.
23
Irnsperger, Elena Maria. "Enforcement of the law in the People's Republic of China - with focus on international civil litigation and arbitration." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12968.
Анотація:
Includes bibliographical references.The main aspect of the paper is the investigation of the enforcement of law of foreign (and domestic) judgments as well as arbitral awards in People´s Republic of China (PRC). The focus lies on international civil litigation and arbitration. For this purpose it is essential to elaborate on the judicial structures and its impact on the enforcement of laws in the PRC. The court system as well as its size and performance, the prosecution system, the lawyer system, the jurisdiction and the arbitration system will be briefly discussed. Thereafter, the study focuses on the recognition and enforcement of civil judgements and arbitral awards in the PRC. The organization of the enforcement and its procedure, laws and regulations in general will be addressed before the enforcement of civil judgements and arbitral awards will be investigated in detail. The investigation of the enforcement of judgments in the people’s courts of China is separated in the enforcement of domestic judgments and foreign judgments. While examining the recognition and enforcement of arbitral awards it is important to consider the different categories of awards. In the following the challenges and obstacles facing the Chinese judicial system will be determined. The legal education, the lack of professionalism, local protectionism and the lack of judicial independence are just some of them. The progress China has made in the last decades will also be mentioned. Especially the judicial reforms from 1999 to 2014 and the efforts made to improve the enforcement of law. In addition the practical side will be determined, therefore, important or recent cases will be considered. The goal of the paper is to give an overview of the current social and economic environment of law enforcement and the measures which should be taken to improve the law enforcement in the PRC. Due to the lack of official statistics in regard of law enforcement in the PRC, the study is based on collected information from different sources.
24
Hsu, Sophia Lisbeth. "Life cycle assessment of materials and construction in commercial structures : variability and limitations." Thesis, Massachusetts Institute of Technology, 2010. http://hdl.handle.net/1721.1/60767.
Анотація:
Thesis (M. Eng.)--Massachusetts Institute of Technology, Dept. of Civil and Environmental Engineering, 2010.Cataloged from PDF version of thesis.
Includes bibliographical references (p. 48-50).
Life cycle assessment has become an important tool for determining the environmental impact of materials and products. It is also useful in analyzing the impact a structure has over the course of its life cycle. The International Organization of Standardization's 14040 series specifies how to perform a formal life cycle assessment in which the materials, construction, use, and demolition of a building are quantified into embodied energy and carbon dioxide equivalents, along with representation of resource consumption and released emissions. These results are useful to architects, structural engineers, contractors, and owners interested in predicting environmental impacts throughout a structure's life. Although many life cycle assessments have already been performed on various types of structures, most have occurred outside the United States. The life cycles of American buildings must be better understood before their environmental impact can be reduced. Regional variations also must be taken into account. Most existing studies have a variety of focuses, which makes them difficult to compare to one another, and they do not examine a wide enough range of buildings. This thesis quantifies the variability of building life cycle assessments by examining existing studies' differences and comparing them to a new study conducted using GaBi software. The new model assesses the carbon dioxide equivalents of one ton of structural steel, in three different forms, and one ton of reinforced concrete, in three different mixes. Impact assessment is performed using two widely accepted methods. The results from this thesis can be used to standardize and improve the study of typical commercial structures across different regions of the United States.
by Sophia Lisbeth Hsu.
M.Eng.
25
Ferrucci, David N. "" Matters of highest public interest and concern" New York Times Co. v. Sullivan and the continuing evolution of the commercial speech doctrine /." Diss., Columbia, Mo. : University of Missouri-Columbia, 2006. http://hdl.handle.net/10355/4568.
Анотація:
Thesis (M.A)--University of Missouri-Columbia, 2006.The entire dissertation/thesis text is included in the research.pdf file; the official abstract appears in the short.pdf file (which also appears in the research.pdf); a non-technical general description, or public abstract, appears in the public.pdf file. Title from title screen of research.pdf file viewed on (February 7, 2007) Includes bibliographical references.
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Poget, Gaël. "Legal aspects of facilitation in civil aviation : health issues." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=81228.
Анотація:
As you probably know, to board the B777-300ERi in Geneva for Anchorage via London, is not just that simple. With your ticket you bought several days before, you come to the airport, check in, pay airport's fees, go through the customs and security checks, walk in the terminal following signs, maybe you stop in the duty free shops, and finally find your gate. By this time, you are ready to board, about one hour after you enter the airport.We will be essentially interested in air law that is why, the purpose of this master's thesis is to consider the legal aspect of facilitation in civil aviation. The term facilitation refers to the process that passengers, crew, luggage, cargo and mail have to go through when they cross borders to fly from a point A to a point B.
Recently, an aspect of facilitation took an outstanding importance: health issues. At the end of last year, the Severe Acute Respiratory Syndrome (SARS) outbreak was a real threat to international civil aviation because passengers (and crews) could have been exposed to an infected person inside the terminal or on board the plane, also, aircrafts were considered a fast vector of this disease through the world. The economic consequences for airlines and airports were very painful.
iBoeing 777-300 Extended Range.
27
Umubyeyi, Christine. "Access to justice in civil matters : a critical analysis of legal representation of minors under guardianship in Rwanda." Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/18653.
Анотація:
Every person is entitled to all the rights and freedoms set forth in international human rights instruments without distinction of any kind: this includes race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. In particular, every person is entitled to access justice to vindicate his or her rights. Although age is not expressly mentioned as one of the prohibited grounds of discrimination, particular provisions provide for special legal protection for minors. In addition, other particular instruments have been adopted to protect the rights of minors. The right to an effective judicial remedy for acts violating fundamental rights is guaranteed to minors by human rights instruments.
The notion of ‘access to justice’ is used here in reference to an individual’s opportunity to enjoy equal access to legal services necessary for the protection of one’s rights and interests regardless of one’s means. It also implies the mechanism by which an individual may seek legal assistance including, among other things, drafting formal documents (wills, contracts), In reality,the effective enjoyment of rights is not possible when the holders of the rights have limited access to justice, i.e. access to judicial remedies in cases where their rights have been violated.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011.
http://www.chr.up.ac.za/
nf2012
Centre for Human Rights
LLM
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Porto, Mônica Cristina Monteiro. "Ação reivindicatória e o Processo Civil Brasileiro." Pontifícia Universidade Católica de São Paulo, 2013. https://tede2.pucsp.br/handle/handle/6228.
Анотація:
Made available in DSpace on 2016-04-26T20:22:05Z (GMT). No. of bitstreams: 1
Monica Cristina Monteiro Porto.pdf: 1466773 bytes, checksum: cf63c94cc5133f63f6e72c107e004182 (MD5)
Previous issue date: 2013-10-10The purpose of this paper is to revisit the recovery action on real state matters (ação reivindicatória) against the successive amendments to the Code of Civil Procedure of 1973 and the Civil Code of 2002. This subject is current and thorny since it involves property rights, an issue that still causes a lot of controversy. Despite its importance, the recovery action on real state matters, in its legal aspect and not sociological aspect, is a subject rarely addressed by the doctrine, thus justifying a reanalysis of the institute within the context of the current civil procedure. This paper is divided into two parts. In the first part, it addresses the problem of the ownership arising out of the land formation of the country and its large territorial extensions, the property rights, the various types of judicial protection of the property rights, in order to finally approach more thorough the recovery action on real state matters. In the second part, it discusses the civil procedure itself, always highlighting the outcome of the main procedural innovations in the recovery action on real state matters. It was used for the preparation of this paper the study of Brazilian scholars as well as cases of our courts to demonstrate the relevance of the subject and also to corroborate with our positions. This paper sought to focus on the legal issues, leaving the analyses of the social issues that underlie the conflict surrounding the real property less attention, without, however, disregarding them, especially when they are obstacles to the recognition of the right to recover a property that is already recognized by a judgment of the merits in a recovery action. The purpose of this paper, therefore, is a revisitation of the subject in order to systematize it in accordance with the current Code of Civil Procedure, aiming to contribute to greater effectiveness of the institute
O presente trabalho tem por objetivo revisitar a ação reivindicatória face às sucessivas alterações introduzidas no Código de Processo Civil de 1973 e no Código Civil de 2002. O tema é atual e espinhoso, visto que envolve direito de propriedade, tema que ainda gera muita controvérsia. Não obstante sua importância, a ação reivindicatória, em seu aspecto legal e não sociológico, é tema pouco abordado pela doutrina, justificando, assim, uma reanalise do instituto dentro do contexto processual atual. O estudo está dividido em duas partes. Na primeira, aborda os problemas do domínio decorrentes da formação do país e das grandes extensões territoriais, os direitos reais, as várias espécies de tutela jurisdicional dos direitos reais, para, então, abordar de forma mais minuciosa a ação reivindicatória. A segunda parte do estudo, aborda o procedimento, sempre destacando os reflexos das principais inovações processuais na ação reivindicatória. Utilizou-se para a elaboração desse estudo obras de doutrinadores brasileiros, bem como jurisprudência dos nossos tribunais a fim de demonstrar a atualidade do tema e, também, de corroborar as posições defendidas. Buscouse focar o trabalho nas questões legais, deixando de analisar com profundidade as questões sociais que permeiam os conflitos que cercam os direitos reais, sem, contudo, desconsiderá-las, principalmente, quando são óbices à realização do direito de reaver a coisa, já reconhecido por sentença de procedência da ação reivindicatória. O objetivo do presente estudo, portanto, é uma revisitação do tema para sistematizá-lo de acordo com o Código de Processo Civil moderno, visando colaborar para maior efetividade do instituto
29
Balasubramaniam, Usha. "Passengers' protection and rights in international civil aviation." Thesis, McGill University, 2007. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=112598.
Анотація:
Air transport is of critical importance to move passengers and cargo from one place to another on a global scale. Subsistence, sustenance, growth and profitability of the air transport industry are dependent on the demand for transport from passengers and cargo as the main sources of revenue of the airline industry. The forces of globalization and liberalization, coupled with the very rapid development of low-cost operators, have tempered the growth and profitability of the aviation industry whilst, at the same time, greatly increasing the consumer (passenger and air freight user) advantages in terms of expanding the gamut of their choices, better quality and lower prices. The ever-expanding markets in the Asia and Pacific region hold great promise for a rapid growth of the aviation industry in years to come.Currently, the international civil aviation community is faced with many challenges evolving from globalization, liberalization of economic regulations, privatization of airlines and airports, commercialization of government services providers, increasing environmental controls, and the emerge of new technologies. To deal effectively with these challenges and issues will require a high level of cooperation among civil aviation authorities, airlines, airports, and providers of air services and products. Airlines under the new free trade regimes have been exposed to many changes and although GATS has an important role to play in this important field, the convergence of economic, safety, security and environmental issues makes a strong case for keeping regulation in these critical issues under the ICAO aviation umbrella.
As air transport experiences structural, policy and regulatory environment changes, in the era of free trade it would be interesting to critically examine the impact of the aforementioned changes on the rights and protection of passengers. In this relation, it becomes very important to review the international, regional, and national efforts which have been made to enhance consumer protection and also have an important bearing on the rights of airline passengers. The thesis also addresses some emerging, non-traditional consumer protection issues, such as health, racial discrimination and the rights of disabled passengers.
In view of the above, the well-developed consumer protection regimes in the United States and the European Union (EU) would be examined in depth and the results of its analysis would be used to develop a suitable model airline passenger protection in the rapidly expending economies of the Asia and Pacific Region.
30
Alem, Mohammed Y. "The applicable law to international commercial contracts : harmonization perspectives between civil and common law?" Thesis, McGill University, 1991. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=61160.
Анотація:
There seems to be wide acceptance of the idea that divergencies between legal systems give rise to disadvantages. These divergencies are, and have always been, regarded as inconveniences to overcome, particularily between the Civil and Common Law traditions, which present quite diverging points of view in the way the Law is thought. Today, one criterion of evaluating any harmonization of international legal norms is the extent to which the effort enhances certainty, a quality much appreciated in the field of international commercial contracts.In fact, today, there is a detectable effort on the international level to harmonize the laws, especially in relevance to international contracts, in order to provide a better environment for world trade.
When we decided to go through this subject, we had in mind the importance of understanding this harmonization tendency on the international sphere. That may be the reason why we have tried, in this thesis, to expose the harmonization process adopted by some recent conventions. Our purpose was to prove that, even though differences and disparities may exist, as long as there is a uniform tendency toward social and cultural uniformity, one might predict that these divergencies would eventually even out. We see in this tendency an indication of the convergence of the Common and Civil Law toward the same destination: make this world a better place.
31
Ong, Colin Yee Cheng. "Cross border litigation : the prospects for hamonization of civil and commercial litigation within ASEAN." Thesis, Queen Mary, University of London, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.243799.
32
Holness, David Roy. "Coordinating legal aid services in civil matters for indigent people in eThekwini: a model for improved access to justice." Thesis, Nelson Mandela Metropolitan University, 2014. http://hdl.handle.net/10948/10981.
Анотація:
The South African law and legal system can and should be a mechanism through which the lives of all resident there are enhanced through the safeguarding and advancement of the fundamental rights guaranteed in its Bill of Rights. This thesis focuses on ‘legal aid’ service delivery (broadly speaking) for the indigent in a particular locality by and through registered law clinics, other legal services providers and via other means in civil rather than criminal matters. In this regard there continue to be very substantial differences between the proper access to civil justice requirements of constitutional South Africa and the actual situation which has existed since the dawn of South Africa’s democratic era which continues unabated. Justice and equality are promised to all in South Africa, yet due to gaps in the ‘net’ of free legal services provided to the indigent, the ability to pay for legal services in civil cases often remains the deciding factor. This study examines the constitutional obligations which, it is argued, apply to the provision of free civil legal services to impoverished people in South Africa. This research considers the law as a vector for necessary positive transformation in the daily lives of those resident in South Africa, which is considered within the country’s woefully unequal socio-economic situation. It builds upon existing research and court authority which show the function of access to justice as an important promoter of the type of society envisaged by the South African Constitution - one where the enjoyment of justice and equality are within the reach of all. However, at present, if one can afford the expensive services of lawyers in civil matters, then access to justice is far more readily attainable. But the opposite is true where someone is denied meaningful access to justice through a lack of legal representation because they cannot afford prohibitively high lawyers’ costs (and disbursements) and no adequate alternatives are provided for by the state or through other means. In these circumstances a vulnerable, unrepresented litigant in a civil case faces a greatly increased likelihood of being denied proper access to a daunting and intricate legal system. There are two main reasons for concentrating on free legal services to the ‘needy’ in civil rather than criminal matters. In the first place, all available statistics show that a huge proportion of legal aid services in South Africa has been and continues to be dispensed in criminal rather than civil cases. Secondly, there has been minimal research or case authority in South Africa on legal aid and other free legal services for impoverished people in civil matters. This thesis examines the state of free civil legal service provision and the need for such assistance within the eThekwini Metropolitan Municipality, one of South Africa’s largest metropoles. This analysis includes an empirical study of the requests for free civil legal services in a particular year by qualifying potential clients in eThekwini and the degree to which free legal service providers are meeting or failing to meet those needs. The study considers the legal service provision in such matters by legal non-governmental organisations, state-supported legal service providers and the work of legal professionals in private practice acting pro bono. The thesis then proposes a model for eThekwini for coordinating (and concurrently improving) civil legal aid services, pro bono legal work and other forms of free legal assistance - like community service by senior law students and law graduates - in response to the particular needs and circumstances facing the indigent there. When referring to the concept of ‘legal aid services’, this research concentrates on legal advice, assistance and representation to indigent clients. However, the promotion of legal rights awareness to such clients is often necessary to open their eyes to the possibility of legal avenues, where appropriate, to improve their situations. Therefore this study also considers - albeit to a lesser degree - this more indirect form of legal assistance through the dissemination of legal knowledge in an accessible form to clients who would qualify for legal aid assistance. The work concludes by briefly postulating the likely appropriateness (and/or limitations) of the aforementioned ‘free civil legal service model for the indigent’ beyond eThekwini.
33
Hinds, Kristina. "The activism and inclusion of civil society organisations in CARICOM on trade negotiating matters : a look at three cases." Thesis, London School of Economics and Political Science (University of London), 2007. http://etheses.lse.ac.uk/93/.
Анотація:
This thesis seeks to understand why civil society organisations (CSOs) in the Caribbean Community (CARICOM) began to mobilise in the 1990s and why government overtures to consulting CSOs on trade matters emerged from around the same time. In addition, this thesis examines the ways in which different types of CSOs have mobilised on trade issues and the ways in which governments have included CSOs in trade consultations. To answer the “why” questions, this thesis posits that both material and ideational factors were important for motivating CSOs to conceive of themselves as needing to mobilise on trade matters in the context of the 1990s. The material and ideational factors of note here are: shifts in the direction of neo-liberal policy orientation, towards a focus on globalisation and towards emphasising good governance. These have impacted on actor interests and perceptions. Despite ideational and material factors impacting on CSO interest perceptions and on government approaches to trade matters, these factors cannot account for variations in the types of CSOs that mobilise and that governments consult on trade matters. This is where institutional factors become important. Institutions can help one to understand how different CSOs have mobilized and how CSOs have been included on trade matters at the region level and across three case studies (Barbados, Trinidad and Tobago, and St. Lucia). In essence the thesis shows that whilst ideational and material factors help one to understand why CSOs have mobilised and have been included, institutional factors help one to understand how they have been included.
34
Botha, Marlyn Lloyd. "Assessment of development form and its impact on the modal split and trip generation for low-income commercial developments." Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/29353.
Анотація:
This topic of research was motivated through my extensive interaction in the development field and a key element which was recognized with numerous development assessments within the City of Cape Town, was the fact that our current legislation or standards applied in South Africa do not accurately inform commercial developments within low-income areas. It was observed that the South African standards and policies rely heavily on international standards which focus on private vehicle movement and networks planning which is geared for mobility, whereas South Africa and in particular metropolitan Cape Town has unique characteristic due to the City Planning Structure which was shaped by a flawed political system. The objective of this dissertation is therefore firstly to assess the impact which the built environment (TOD and TND) has on the modal split and trip generation for low income commercial developments, secondary to draw a comparison between the actual operation of low income developments and the accepted trip generation rates used in South Africa, thirdly, to assess the unique characteristics of low income developments within a local context. With this problem statement in mind the aim of this dissertation is therefore to, firstly, to establish a better understanding of the modal split and trip generation for low income commercial developments, secondly, to establish a trip generation rate which is more compatible with developments within low-income communities; and lastly to establish the benefits which can be attained through appropriate development form implementation within the low-income. The literature review section of this dissertation will review academic literature as well as recent policy documents which investigate the relationship between the development form and the impact on traffic patterns, trip generation and modal splits of development. The literature review also establishes common trends and understandings when investigating/reviewing complex data of this nature. It is also the aim of the literature review to set a foundation for the site investigation and analysis process which will be undertaken as part of this dissertation. A critical aspect of this research was the site selection process as this has a direct bearing on the outcomes of the analysis and the accuracy of the results. It is therefore critical to note that the three sites selected for this research were selected based on stringent criteria. With the site selection approach it was a key aspect to keep as many of externalities or external factors constant (Ceteris Paribus) and in this way the results would emphasize the impact of the development form on the trip generation, traffic patterns and the modal split of these developments (if any). The data collection process was done using two distinct survey methods based on the level of technology available at the sites investigated. The first method used was data collection using recorded camera surveillance footage obtained from the centre management. The second method was a manual survey method done by individuals employed at the sites and this was used where electronic data was not available. The survey/data collection process was also broken up into 4 phases, of which the first of these processes was a pilot survey which was undertaken at one of the sites earmarked for the investigation. The aim of this pilot survey was to identify the any shortcoming in the data collection process and it was at this point where all adjustments could be made to eliminate any future errors in the data set. The pilot survey also indicated whether or not the relevant data could be extracted from the camera angles available. The second critical phase of the survey process was that a full week survey was done, this was done to establish the critical peak day which would eventually be used to calculate the critical peak hour for the centres analysed as well as the peak hour factors. The aim of establishing a peak day for the various centres was to eliminate unnecessary data collection and cost, also to focus the study on peak data which will later be compared against prescribed peak rates for these types of developments. Once the peak day was established, phase three was to undertake the final surveys for each individual site and phase four was implemented in order to strengthen the outcomes of the data set, the approach of a repetitive assessment approach (three separate surveys at each site) was used. Based on the weekly peak analysis done, it is evident that the Saturday peak is to be considered the critical/maximum peak for the week. A further conclusion of the weekly peak analysis is that the weekend (Saturday and Sunday) traffic pattern differs from the weekday pattern as it is structured around a single critical morning to midday peak, with the no secondary peaks encountered as with the weekday traffic patterns. The analysis done indicates that TND development principals have a greater impact on the modal split (or preferred mode choice) than TOD as the number of pedestrian trips far exceeds the number of public transport trips generated. This trend was conclusive for all 3 sites used as part of the investigation. A firm conclusion can be drawn from modal split analysis when assessing these developments. When the development form is adequately structured around a pedestrian movement and accessibility (TND type developments), one of the main benefits are increased pedestrian traffic. The outcomes of the modal split analysis also show a positive trend when using the TOD design approach, with the benefits of increased public transport trips. When assessing all the results achieved in the trip generation comparative analysis, it can be concluded that the COTO rate is an accurate prediction for low income shopping centre developments which are built along a transport corridor (TOD design element) and which are pedestrian friendly developments (TND design element). The NDoT calculated rates are not considered appropriate for these developments as they are way in excess of the actual rates recorded.
35
Gardiner, Susan. "A comparative study of conciliation and mediation in the settlement of financial matters within the family court of Australia." Thesis, Queensland University of Technology, 1993.
Анотація:
Cicero asserted in De Legibus some two thousand years ago that the good of the people should be the chieflaw. The people's own view of what is good for them has not always figured in the dispute resolution process designed for their benefit. The inherited English system of litigation offered to Australian colonists in the nineteenth
century had already attracted universal condemnation from commentators such as Tennyson who spoke of the "brawling courts and dusty purlieus of the law". The history of the settlement of financial disputes under Australian family law has primarily been the history of litigation in its dominant role as a dispute resolution process and traditionally there have been few formal opportunities created and sponsored by the Courts themselves for litigants or other disputing couples to try to
negotiate a settlement of their dispute on their own terms and to their satisfaction.
The passing of the Family Law Act in 1975 and the creation of the Family Court of Australia represented a new legislative vision for a Court dealing with human
relationships. It was radical because it proposed facilitation of processes within which people could reach solutions compatible with their dignity, with limited judicial intervention, by the parties by themselves and to their satisfaction. Within the litigation process for financial matters developed a negotiation phase centred around a compulsory conference with a Registrar of the Court. This conference, originally called a Regulation 96 conference, then an Order 24 conference and now a
"conciliation" conference is a "home grown" negotiation opportunity for parties which was developed by the Court to cater for the demands of the litigation process in which
it is embedded. Until 1991, it was the only opportunity sponsored by the Court apart from general therapeutic counselling. During the 1980's identifiable opportunities existed to expand this single and limited conference opportunity out of the litigation dominance and into a separate dispute resolution process. These were not taken up by the Family Court and litigation remained the dominant dispute resolution process until the introduction of mediation on a trial basis in 1991 as a second dispute resolution process resulting from a political initiative of the then Hawke Labor Government. Mediation can be seen as a method of "empowering" couples to avoid expensive litigation and to take control of their own
disputes, within the original vision for the Court.
This thesis charts the development of "conciliation" and mediation of financial disputes under the Family Law Act and compares and contrasts these conflict resolution
methods using criteria from two viewpoints. The first two criteria view each method of solving disputes from the perspective of the client. These two criteria are
satisfaction with the process and with the outcome of the process. The third criterion views each method from the perspective of the Family Court as the provider of the
process and evaluates both mediation and the "conciliation" conference using overall settlement rates. The comparison of mediation and conciliation presented some difficulties. Although mediation has been extensively evaluated by the Court, the "conciliation" conference forming part of litigation has had no similar evaluation by the Court except a general recording of settlement statistics.
While both mediation and "conciliation" conferences are found to be forms of guided negotiation, this similarity is of a general nature only and the thesis identifies
countervailing contrasts at this general level, particularly in the role of the third party neutral. Under specific Family Law practice there are further areas of difference but several areas in which no comparison can be made. This is because, in the case of "conciliation" conferences, either no data exists because there has been no systematic evaluation by the Family Court or, where data does exist, the differences in the size and composition of the pools to be compared is so great as to make any meaningful comparison impossible. This re-inforces the dominance of litigation in the outlook of the Court itself because of the continued acceptance of conciliation within litigation without evaluation and the difficulties this outlook creates for the willing introduction of other alternative dispute resolution processes into the Court structure. Future desirable directions for these and other forms of dispute resolution processes within the Court structure are examined and the thesis identifies the immediate period as the next opportunity for the Family Court to change the traditional litigation outlook of the Court to encompass other forms of dispute resolution, including the expansion of conciliation into a separate conflict resolution process offered by the
Court to facilitate settlement by the parties to their satisfaction. It remains speculative whether the Court has the capacity and will to initiate the necessary steps towards desirable change or whether political direction will be necessary to permit fulfilment of the vision within two decades of its original expression.
36
Hodder, Andrew John. "Trade union responses to civil service restructuring : organising in the Public and Commercial Services union." Thesis, Keele University, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.602977.
Анотація:
This thesis explores the adoption of the organising model of union renewal by the Public and Commercial Services union (PCS) in response to membership decline and civil service restructuring. The neoliberal stance of successive UK Governments, together with the continuing decline of union influence and membership, have led unions to reassess their organisational and recruitment strategies. The growth in union renewal has seen many unions adopt both organising and partnership approaches since the formal re-launch of the TUC in 1994 (Heery, 1998). Despite organising now being a well-established tactic deployed by many unions, evaluating its effectiveness is problematic and requires further detailed research which transcends the extent to which organising fits the organising model. The central aim of this research is to: situate debates around union organising in a wider historical and political context; systematically examine the issues of structure and action in relation to union organising and union purpose; and provide a more holistic overview of one union's approach to organising by examining organising across different (horizontal and vertical) levels of union activity in a recognised environment. Hyman's (1994) model of internal union dynamics was adopted as a framework to examine the extent to which organising has been embedded in the structures of the PCS and the work of Simms (2007a) and Martinez Lucio and Stuart (2005) were applied where appropriate. The research findings extend and challenge the existing literature on union renewal with two case studies illustrating that different sections of the same union can be expected to engage with the organising agenda to varying degrees. This is dependent on the perceived purpose of the union amongst representatives, as well as structural factors such as the employer's organisation of services and employment, the union's own internal structures, and crucially bargaining locus and scope.
37
Al, Mulla Habib M. S. "The recognition and enforcement of foreign civil and commercial judgments under multilateral and bilateral conventions." Thesis, University of Cambridge, 1992. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.282003.
38
Carrenõ, Marcos Eric 1977. "International regulation of commercial civil aircraft : regulatory agencies and requirements governing large transport aircraft certification." Thesis, Massachusetts Institute of Technology, 2003. http://hdl.handle.net/1721.1/82770.
39
Manoosingh, Celine. "Improving Functionality and Sustainability of Commercial Insulation: Experimental Study, Heat Transfer Modeling, Environmental Assessment." Scholar Commons, 2014. https://scholarcommons.usf.edu/etd/5265.
Анотація:
he Department of Energy names executing and integrating high-performance sustainable design and green building best practices a Strategic Sustainability Performance Plan goal under the Executive Order 13514 (U.S DOE, 2009). As sustainability becomes a primary
goal for engineers, a decision making framework is needed to guide their choice of materials and processes; and then to carry out the evaluation of their chosen design. Sustainable design process, and the products developed through its application, work concurrently with functionality and sustainability evaluation methodologies to cultivate a continuous loop of design, implementation, assessment and improvement. In this context, an alternative insulation prototype exploring the use of evacuated packets of pyrogenic silica substituting for conventional insulation for refrigeration applications was developed and assessed. Assessment criteria included experimental comparison of heat transfer characteristics and the energy efficiency of the new insulation as well as its life cycle as it related to environmental sustainability. Results indicate that by utilizing alternative insulation design, heat flux decreased by an average of 36%, and energy efficiency improved by 5.1% over a 24 hour period. The new insulation design also resulted in improved environmental sustainability, resulting in a savings of 0.257 metric tons of CO2e over 20 years for a single unit. Results provide an alternative insulation design for use in commercial insulation applications, and a framework by which to assess the efficiency and environmental performance of similar products.
40
McMaine, John T. "HYDROLOGIC CHARACTERIZATION OF A RAIN GARDEN MITIGATING STORMWATER RUNOFF FROM A COMMERCIAL AREA." UKnowledge, 2013. http://uknowledge.uky.edu/bae_etds/19.
Анотація:
Impervious surfaces such as roads, sidewalks, and roofs increase the volume of runoff generated in a watershed. Traditional stormwater management techniques emphasize conveyance of runoff away from impervious surfaces in order to reduce flooding. Rain gardens are becoming popular as a different means to manage stormwater in such a way that runoff is captured and infiltrated onsite rather than conveyed offsite. A stormwater management system consisting of a rainwater harvest system, rain garden, and infiltration chamber was built at the Coca-Cola Refreshments USA, Inc. distribution center in Lexington, Kentucky during the fall of 2011. Precipitation, inflow, and water level were measured from May, 2012 to April, 2013 to evaluate the hydrologic performance of the rain garden. The rain garden had a high infiltrative capability and was able to capture and infiltrate 100% of the runoff generated during the study period. The results of the study were used to formulate recommendations for rain garden design and construction in central Kentucky.
41
Fitzgerald, Patrick 1944. "Lost horizons : the British government and civil aviation between the wars, 1919-1939." Thesis, McGill University, 1994. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=22586.
Анотація:
In the inter-war period Great Britain lost its pre-eminence in aviation. The new industries centered on civil aviation were not appropriately nurtured. The roots of this decline were in policies struck for military considerations in the pre 1914 period. The emergent institution of the war, the Air Ministry, continued the military priority. Civil Aviation was controlled by an essentially military institution. In the immediate post-war period airline development was inadequately subsidized. The government's chosen instrument, Imperial Airways, failed to nurture civil aviation development. Emergent national aspirations within the Empire and hostile and indifferent governments without frustrated airline route growth. Equally hampered by poor government stewardship was the manufacturing aspect of aviation.
42
Bleuse, de Ponfilly Séverine. "L'espace judiciaire europeen en matiere civile et commerciale." Paris 5, 2000. http://www.theses.fr/2000PA05D015.
Анотація:
L'espace judiciaire europeen en matiere civile et commerciale est ne du constat des etats membres fondateurs de la c. E. E. De la trop grande divergence de leur droit commun, en terme de competence judiciaire et d'execution des decisions, pour permettre l'integration juridique qu'appelaient les efforts de rapprochement economique. C'est donc un vide juridique que devait combler la convention de bruxelles du 27 septembre 1968, creant ainsi un espace judiciaire europeen avec pour objectif l'instauration d'une veritable << libre circulation des jugements >> dans le marche commun ; la cooperation judiciaire entre les etats europeens est desormais assuree par l'etablissement de regles de competence uniformes, communes aux etats contractants et par un mecanisme simplifie de reconnaissance et d'execution des jugements. Le systeme original et efficace instaure par cette convention allait attirer les etats membres de l'a. E. L. E. Qui, grace a la convention de lugano du 16 septembre 1988, souhaitaient elargir l'espace judiciaire en matiere civile et commerciale au-dela de la communaute. Par ailleurs, des domaines exclus du champ d'application de la convention de bruxelles (famille, faillite) ont egalement fait l'objet d'une cooperation judiciaire entre les etats europeens. Apres une analyse du systeme qui a cree l'espace judiciaire europeen, il nous fallait tenir compte de l'elargissement tant geographique que materiel de cet espace.
43
Coutant, Élodie. "L'Alsace et la Moselle : terrains d'expérimentation de la réforme du droit civil et commercial français (1918-1975)." Thesis, Bordeaux, 2018. http://www.theses.fr/2018BORD0126.
Анотація:
A leur retour sous la souveraineté française en 1918, l'Alsace et la Lorraine sont principalement régies par le droit allemand. Compte tenu de l'inadaptation de la législation française au monde moderne, et des intérêts divers en présence, il est décidé de ne pas procéder à l'unification législative. Le droit alors applicable dans les nouveaux territoires français est maintenu temporairement afin d'inspirer la réforme du droit français correspondant, et préparer l'unification législative sur la base de ce droit rénové. Malgré la pénétration du droit local dans notre législation nationale, l'unité législative tarde à se réaliserOn their return under French sovereignty in 1918, Alsace and Lorraine were governed mainly by German law. In view of the inadequacy of French legislation in the modern world and the various interests involved, it was decided not to proceed with legislative unification. The law then applicable in the new French territories is temporarily maintained in order to inspire the reform of the corresponding French law and to prepare legislative unification on the basis of this renovated right. Despite the penetration of local law into our national legislation, the legislative unity is slow to materialize
44
Shakarchi, Ahmad, and Daniel Fadhil. "Exploring Lean Practices in Commercial Construction Projects." Thesis, KTH, Fastigheter och byggande, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:kth:diva-298317.
Анотація:
Lean construction is often suggested as way of enhancing the productivity of the construction industry. There are no clear definitions of lean construction, but it is often referred to as a construction management philosophy that aims to minimize waste and maximise customer value. Adopting lean construction in a project can be difficult and there are several critical factors for successful implementation; one of which is the use of lean construction practices. Lean construction practices are tools, techniques and strategies through which the principles of lean construction can be implemented. It has been pointed out that there is lack of information on the number of existing practices and their exact area of use. This master thesis report identified lean practices that have been implemented in commercial construction projects, and categorised them according to the phases of lean construction. The report also explored which lean production-planning-and-control- practices have been adopted by a commercial construction contractor. To identify the lean practices, a literature analysis was conducted based on the documents reviewed by Babalola et al. (2019) in their article ‘Implementation of lean practices in the construction industry: A systematic review’. This revealed 22 different lean practices that have been implemented in commercial construction projects, with the Last Planner System having been reported the most followed by Just in Time and Pull Scheduling. The literature analysis also resulted in the project delivery stages in which each identified practice had been adopted. This helped categorise the practices according to the phases of lean construction. The phases were defined by the conceptual framework ‘The Lean Project Delivery System’ as Project Definition, Lean Design, Lean Supply, Lean Assembly and Lean Use. The categorisation showed that (out of the 22 identified practices) 3 practices belong to the phase Project Definition, while 8, 9, 15 and 0 practices belong to the other phases respectively. To explore which lean production-planning-and-control-practices have been adopted by a commercial construction contractor, a case study was conducted of the production phase of a large-sized project referred to as Project X. Seven members of the production team were interviewed as to reveal the contractor’s working methods in the planning and control of production in terms of time, activity and logistics. The revealed working methods were then compared to 9 out of the 22 identified lean practices, since they were interpreted as production-planning-and-control-practices. This analysis showed that six of those practices were seemingly implemented in the production of Project X, while one was partially implemented and two were not implemented.Lean byggproduktion föreslås ofta som ett sätt att öka produktiviteten i byggbranschen. Det finns inga tydliga definitioner av lean byggproduktion, men konceptet beskrivs ofta som en filosofi för byggledning som ämnar minimera avfall och maximera kundvärdet. Att anta lean byggproduktion i ett projekt kan vara svårt och det finns ett antal kritiska faktorer för lyckad implementering, varav en är användandet av lean byggverktyg. Lean byggverktyg är verktyg, tekniker och strategier genom vilka principerna av lean byggproduktion kan implementeras. Det har påpekats att det finns brist på information om antalet befintliga lean byggverktyg och deras användningsområden. Denna rapport identifierade lean verktyg som har implementerats i kommersiella byggprojekt, och kategoriserade de enligt faserna av lean byggproduktion. Rapporten utforskade också vilka lean verktyg för planering och styrning av produktion som har antagits av en kommersiell byggentreprenör. För att identifiera leanverktyg i kommersiella byggprojekt så genomfördes en litteraturanalys baserat på de dokument som granskats av Babalola et al. (2019) i deras artikel ‘Implementation of lean practices in the construction industry: A systematic review’. Detta avslöjade 22 olika lean byggverktyg som implementerats i diverse kommersiella byggprojekt, där Last Planner System har rapporterats mest följt av Just in Time och Pull Scheduling. Litteraturanalysen resulterade också i projektleveransstadierna där varje identifierat verktyg hade implementerats. Detta hjälpte att kategorisera verktygen enligt faserna av lean byggproduktion. Faserna definierades av det konceptuella ramverket ’The Lean Project Delivery System’ som Project Definition, Lean Design, Lean Supply, Lean Assembly och Lean Use. Kategoriseringen visade att (utav de 22 identifierade verktygen) 3 verktyg tillhör fasen Project Definition, medan de resterande faserna innefattar 8, 9, 15 respektive 0 verktyg. För att utforska vilka lean verktyg för planering och styrning av produktion som har antagits av en kommersiell byggentreprenör så utfördes en fallstudie av produktionsfasen av ett stort projekt såkallat Projekt X. Sju medlemmar av produktionsteamet intervjuades för att uppenbara entreprenörens arbetsmetoder vid planering och styrning av produktion beträffande tid, aktivitet och logistik. De uppenbarade arbetsmetoderna jämfördes sedan med 9 av de 22 identifierade leanverktygen eftersom just de tolkades som verktyg för planering och styrning av produktion. Denna analys visade att sex av dessa verktyg var till synes implementerade i produktionen av Projekt X, medan en var delvis implementerad och två inte alls implementerade.
45
Li, Xiao Yue. "A study on interregional recognition and enforcement of civil and commercial judgments between Mainland China and Macao." Thesis, University of Macau, 2012. http://umaclib3.umac.mo/record=b2580197.
46
Terry, Clinton W. "The Most Commercial of People: Cincinnati, the Civil War, and the Rise of Industrial Capitalism, 1861-1865." University of Cincinnati / OhioLINK, 2002. http://rave.ohiolink.edu/etdc/view?acc_num=ucin1021389093.
47
Hards, Adrian F. "Comparative engineering costing and implications of commercial and smallholder irrigator design for projects." Thesis, Stellenbosch : University of Stellenbosch, 2011. http://hdl.handle.net/10019.1/6501.
Анотація:
Thesis (MScEng (Civil Engineering))--University of Stellenbosch, 2011.ENGLISH ABSTRACT: In the study, six irrigation schemes based in the Eastern Cape have been considered and evaluated, according to two levels of supply (LOS) of irrigation water. The two levels of supply are that of a commercial irrigator and that of a smallholder irrigator. The irrigation infrastructure for each of the six schemes was designed, and the associated costs determined, for each level of supply. The primary objective of the study is to determine the impact of infrastructure costs and irrigation areas on the target user, either the commercial or the smallholder irrigator. This is related directly to the assumption that lower water volumes are used by the smallholder irrigator. The study addresses the impact of different designs on the amount of water used, land utilised and resultant costs of the infrastructure. The initial capital costs and the on-going operational and maintenance costs (O&M) for each level of supply for each of the schemes have been calculated. The evaluation of the two LOS has shown that the capital cost for the commercial LOS is approximately 18 % higher than for the smallholder LOS and the O&M costs 6 % to 36 % higher. The schemes that were investigated can be grouped into five general scheme types. The first type is gravity schemes, which need rehabilitation, while the bulk supply is in place with no augmentation or rehabilitation required. The second is pumped scheme which is in need of rehabilitation, while the bulk supply is in place with no augmentation or rehabilitation required. The third type includes run-of-river schemes where water is abstracted and pumped directly to the lands. The fourth type includes run-of-river schemes where water is abstracted and pumped to storage. The fifth type is the gravity scheme where the bulk supply needs to be installed as part of the scheme. These types are then grouped and can be used to give guidance on the anticipated costs dependant on the scheme type and the required level of service. A further objective of the research is to determine the impact on the smallholder irrigators who find themselves on a commercial LOS system. This can be either on a scheme that has already been designed, or on a new system. The evaluation of the commercial under-utilised LOS and the smallholder LOS has shown that the commercial capital cost is 18 % higher and the O&M costs 5 % to 29 % higher. The study further aligns the estimated costs with the farmer typology providing a broader understanding of the design to be adopted for different levels of supply. This provides the linkage between farmer types, the design to be implemented and the anticipated costs thereof.
AFRIKAANSE OPSOMMING: As deel van hierdie narvorsing word ses verskillende besproeiingsskemas in die Oos-Kaap ten opsigte van twee voorsieningsvlakke ondersoek. Die twee voorsieningsvlakke ter sprake is vir ‘n kommersiële en kleinboerdery opset. Die besproeiingsinfrastruktuur is vir elk van die ses besproeiingsskemas ontwerp en ‘n kosteberaming vir elk van voorsieningsvlakke gedoen. Die hoofdoelwit van hierdie verslag is om te bepaal wat die impak van kostes en besproeiingsareas op beide kommersiële- en kleinboerderye is. Dit is direk gebaseer op die aanname dat kleinboerderye minder water gebruik. Die verslag ondersoek die impak van verskillende ontwerpe op waterverbruik, besproeiingsoppervlak benodig en die gevolglike infrastruktuurkostes. Die aanvanklike kapitaalkostes asook bedryfs- en onderhoudsuitgawes (B&O) vir elk van die voorsieningsvlakke, is vir elk van die besproeiingskemas bereken. Die resultaat van die ondersoek van die twee voorsieningsvlakke het aangetoon dat die kapitaalkoste van kommersiële besproeiingskemas 18 % hoër as die van kleinboerderye is, en bedryfs- en onderhoudsuitgawes 6 tot 36 % hoër. Die skemas wat ondersoek is, kan in vyf algemene skema tipes verdeel word. Die eerste is die gravitasieskemas wat rehabilitasie benodig terwyl die hooftoevoer in plek is met geen uitbreidings- of rehabilitasiebehoeftes. Die tweede is pompskemas wat rehabilitasie benodig terwyl die hooftoevoer in plek is met geen uitbreidings- of rehabilitasiebehoeftes. Die derde is rivierskemas waar besproeiingswater direk uit die rivier na die landerye gepomp word. Die vierde is rivierskemas waar besproeiingswater direk uit die rivier na a reservoir gepomp word. Die vyfde skema tipe is die gravitasieskemas waar die hooftoevoer ook gebou moet word as deel van die skema. Die skema tipes kan gebruik word om leiding te verskaf ten opsigte van verwagte skema kostes afhangende van die skema tipe en vereiste voorsieningsvlak. ‘n Verdere doelwit van die studie is om die impak op kleinboere te bepaal wat op ‘n kommeriële voorsieningsvlak boer. So ‘n stelsel kan ‘n gevestigde of nuwe stelsel wees. Die resultaat van die ondersoek van die onderbenutte kommersiële voorsieningsvlak en die kleinboerdery voorsieningsvlak het gewys dat die kapitaalkoste van kommersiële besproeiingskemas 18 % hoër as die van kleinboerderye is, en bedryfs- en onderhoudsuitgawes 5 tot 29 % hoër. Die verslag vereenselwig die verwagte kostes met die tipe boerdery en verskaf ‘n beter begrip van die tipe ontwerp wat elk van die voorsieningsvlakke benodig. Dit verskaf dus die verband tussen die tipe boerdery, die ontwerp benodig en die verwagte projekkostes.
48
Faria, Francisco. "Análise dos sistemas construtivos portugueses." Master's thesis, Instituições portuguesas -- UP-Universidade do Porto -- -Faculdade de Engenharia, 1996. http://dited.bn.pt:80/30232.
49
Brinkmann, Christian Moritz. "Probability and conviction -- irreconcilable concepts or two sides of the same coin? : a comparative analysis of the standard of proof in civil matters." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80911.
Анотація:
This thesis questions the widespread proposition that the civilian standard of proof in civil matters is considerably higher than the corresponding standard in the Common Law. Instead, it is argued here that the "odd differences" in the formulae employed to describe it "are merely a matter of words".Conceptually, both legal traditions combine the subjective element of a belief in the truth with the objective requirement of warrant for this belief in the evidence presented. The trier's belief that a certain statement is true has to be reasonably inferable from the evidence. In both traditions the standard is not fixed in the sense that it depends on a variety of factors relevant to the specific case, such as whether evidence is amply available, or whether only testimonial evidence can be adduced.
This approach to the standard of proof is also followed by the Principles and Rules for Transnational Civil Procedure developed in 2002 by the American Law Institute (ALI) and UNIDROIT. Their treatment of the standard of proof appears to be a synthesis of the Common and Civil Law approaches.
50
Knight, Amanda J. (Amanda Joann). "Next generation commercial aircraft engine maintenance, repair, and overhaul capacity planning and gap analysis." Thesis, Massachusetts Institute of Technology, 2018. http://hdl.handle.net/1721.1/117979.
Анотація:
Thesis: M.B.A., Massachusetts Institute of Technology, Sloan School of Management, in conjunction with the Leaders for Global Operations Program at MIT, 2018.Thesis: S.M., Massachusetts Institute of Technology, Department of Civil and Environmental Engineering, in conjunction with the Leaders for Global Operations Program at MIT, 2018.
Cataloged from PDF version of thesis.
Includes bibliographical references (pages 73-74).
A critical element in maintaining engine safety and in providing post-production service and support of a commercial aircraft engine is the complete worldwide network of maintenance, repair, and overhaul facilities. Matching forecasted shop visit demand to network-wide capacity is essential to ensuring the required resources are in place to quickly repair and return these assets to the airline customer. A capacity analysis methodology is developed to characterize and analyze the current network capacity for the PW1100G Geared Turbofan engine model for Gate 3 Engine Testing processes. This capacity model is then compared to the anticipated monthly shop visit demand for engine repair services through 2026. By identifying capacity shortages earlier in the program, Pratt & Whitney can proactively plan for and fund additional resources to improve capacity, ensuring the required capacity is in place when demand materializes to reduce shop visit delays. The results of the PW1100G capacity study are utilized both to provide recommendations for the anticipated timeframe when additional resources will be required to meet projected demand and to outline major planning milestones required to meet the resource need date.
by Amanda J. Knight.
M.B.A.
S.M.